`[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 96
111th CONGRESS
  1st Session
                                H. R. 2647


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 6, 2009

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    Divisions A through C of this Act may be cited as the ``National 
Defense Authorization Act for Fiscal Year 2010''.

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

    (a) Divisions.--This Act is organized into four divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.
            (4) Division D--Disabled Military Retiree Relief Act of 
        2009.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. 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.
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

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 depot-level 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

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

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.
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.
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

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.
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.
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

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.
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.
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.
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.
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.
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.
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

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.
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.
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.
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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. 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.

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Army as follows:
            (1) For aircraft, $4,828,632,000.
            (2) For missiles, $1,320,109,000.
            (3) For weapons and tracked combat vehicles, 
        $2,500,952,000.
            (4) For ammunition, $2,070,095,000.
            (5) For other procurement, $9,762,539,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2010 for procurement for the Navy as follows:
            (1) For aircraft, $18,102,112,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,453,455,000.
            (3) For shipbuilding and conversion, $13,786,867,000.
            (4) For other procurement, $5,689,176,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2010 for procurement for the Marine Corps in the amount 
of $1,712,138,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $840,675,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Air Force as follows:
            (1) For aircraft, $11,991,991,000.
            (2) For ammunition, $822,462,000.
            (3) For missiles, $6,211,628,000.
            (4) For other procurement, $17,299,841,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for Defense-wide procurement in the amount of $4,150,562,000.

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

SEC. 106. RAPID ACQUISITION FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the Rapid Acquisition Fund in the amount of $55,000,000.

                       Subtitle B--Army Programs

SEC. 111. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL RADIO 
              SYSTEMS.

    (a) Limitation on Obligation of Funds.--Except as provided in 
subsection (b), none of the funds authorized to be appropriated by this 
Act for fiscal year 2010 for procurement, Army, may be obligated or 
expended for tactical radio systems.
    (b) Exceptions.--The limitation on obligation of funds in 
subsection (a) does not apply to the following:
            (1) A tactical radio system that is approved by the joint 
        program executive officer of the joint tactical radio system if 
        the Secretary of Defense notifies the congressional defense 
        committees in writing of such approval.
            (2) A tactical radio system procured specifically to meet--
                    (A) an operational need (as described in Army 
                Regulation 71-9 or a successor regulation); or
                    (B) a joint urgent operational need (as described 
                in Chairman of the Joint Chiefs of Staff Instruction 
                3470.01 or a successor instruction).
            (3) A tactical radio system for an unmanned ground vehicle 
        system.
            (4) Commercially available tactical radios with joint 
        tactical radio system capabilities.

SEC. 112. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT EARLY-INFANTRY 
              BRIGADE COMBAT TEAM EQUIPMENT.

    (a) Limitation on Low-rate Initial Production Quantities.--
Notwithstanding section 2400 of title 10, United States Code, with 
respect to covered Future Combat Systems equipment, the Secretary of 
Defense may procure for low-rate initial production only such equipment 
that is necessary for one brigade.
    (b) Limitation on Obligation of Funds.--Of the amounts authorized 
to be appropriated by this Act or otherwise made available for fiscal 
years 2010 or 2011 for the procurement of covered Future Combat Systems 
equipment, the Secretary of Defense may obligate or expend funds only 
for the procurement of such equipment that is necessary for one 
brigade.
    (c) Exception for Meeting Operational Need Statement 
Requirements.--The limitation on low-rate initial production in 
subsection (a) and the limitation on obligation of funds in subsection 
(b) do not apply if the procurement of covered Future Combat Systems 
equipment is specifically intended to address an operational need 
statement requirement.
    (d) Covered Future Combat Systems Equipment Defined.--For the 
purposes of this section, the term ``covered Future Combat Systems 
equipment'' means the following:
            (1) Future Combat Systems non-line of sight launcher 
        systems.
            (2) Future Combat Systems unattended ground sensors.
            (3) Future Combat Systems class I unmanned aerial systems.
            (4) Future Combat Systems small unmanned ground vehicles.
            (5) Future Combat Systems integrated control system 
        computers.
            (6) Any vehicular kits needed to integrate and operate a 
        system listed in paragraph (1), (2), (3), (4), or (5).

                       Subtitle C--Navy Programs

SEC. 121. LITTORAL COMBAT SHIP PROGRAM.

    (a) Limitation of Costs.--Except as provided in subsection (b) or 
(c), of the amounts authorized to be appropriated in this Act or 
otherwise made available for fiscal year 2010 or any fiscal year 
thereafter for the procurement of Littoral Combat Ship vessels, not 
more than $460,000,000 may be obligated or expended for each vessel 
procured (not including amounts obligated or expended for elements 
designated by the Secretary of the Navy as a mission package).
    (b) Specific Requirement for Fiscal Year 2010.--Of the amounts 
authorized to be appropriated in this Act or otherwise made available 
for fiscal year 2010 or any fiscal year thereafter for shipbuilding 
conversion, Navy, the Secretary of the Navy may obligate not more than 
$80,000,000 to produce a technical data package for each type of 
Littoral Combat Ship vessel, if the Secretary--
            (1) is unable to--
                    (A) submit to the congressional defense committees 
                a certification under subsection (g) during fiscal year 
                2010; and
                    (B) enter into a contract for the construction of a 
                Littoral Combat Ship vessel in fiscal year 2010 because 
                of the limitation of costs in section 124 of the 
                National Defense Authorization Act for Fiscal Year 2006 
                (Public Law 109-163; 119 Stat. 3157), as amended; or
            (2) is unable to enter into a contract for the construction 
        of a Littoral Combat Ship vessel in fiscal year 2010 because of 
        the limitation of costs in subsection (a) after submitting to 
        the congressional defense committees a certification under 
        subsection (g).
    (c) Adjustment of Limitation Amount.--With respect to the 
procurement of a Littoral Combat Ship vessel referred to in subsection 
(a), the Secretary may adjust the amount set forth in such subsection 
by the following:
            (1) The amounts of increases or decreases in costs 
        attributable to economic inflation after September 30, 2009.
            (2) The amounts of increases or decreases in costs 
        attributable to compliance with changes in Federal, State, or 
        local laws enacted after September 30, 2009.
            (3) The amounts of outfitting costs and post-delivery costs 
        incurred for the vessel.
            (4) The amounts of increases or decreases in costs 
        attributable to the insertion of new technology into the 
        vessel, as compared to the technology used in the first and 
        second Littoral Combat Ship vessels procured by the Secretary, 
        if the Secretary determines, and certifies to the congressional 
        defense committees, that insertion of the new technology--
                    (A) would lower the life-cycle cost of the vessel; 
                or
                    (B) is required to meet an emerging threat and the 
                Secretary of Defense certifies to those committees that 
                such threat poses grave harm to national security.
    (d) Annual Reports.--At the same time that the budget is submitted 
under section 1105(a) of title 31, United States Code, for each fiscal 
year, the Secretary shall submit to the congressional defense 
committees a report on Littoral Combat Ship vessels. Such report shall 
include the following:
            (1) Written notice of any change in the amount set forth in 
        subsection (a) that is made under subsection (c).
            (2) Information, current as of the date of the report, 
        regarding--
                    (A) the content of any element of the vessels that 
                is designated as a mission package;
                    (B) the estimated cost of any such element; and
                    (C) the total number of such elements anticipated.
            (3) Actual and estimated costs associated with--
                    (A) the material and equipment for basic 
                construction of each vessel; and
                    (B) the material and equipment for propulsion, 
                weapons, and communications systems of each vessel.
            (4) Actual and estimated man-hours of labor and labor rates 
        associated with each vessel being procured (listed separately 
        from any other man-hours and labor rates data).
            (5) Actual and estimated fees paid to contractors for 
        meeting contractually obligated cost and schedule performance 
        milestones.
    (e) Definitions.--In this section:
            (1) The term ``mission package'' means the interchangeable 
        combat systems that deploy with a Littoral Combat Ship vessel.
            (2) The term ``technical data package'' means a compilation 
        of detailed engineering plans for construction of a Littoral 
        Combat Ship vessel.
    (f) Conforming Repeal.--Section 124 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163) is 
repealed.
    (g) Effective Date.--
            (1) Limitation on costs.--Subsections (a) and (c) shall 
        take effect on the date that is 15 days after the date on which 
        the Secretary of the Navy certifies in writing to the 
        congressional defense committees the following:
                    (A) The Secretary has accepted delivery of the USS 
                Freedom (LCS 1) and the USS Independence (LCS 2) 
                following successful completion of acceptance trials.
                    (B) The repeal of section 124 of the National 
                Defense Authorization Act for Fiscal Year 2006 (Public 
                Law 109-163; 119 Stat. 3157) made by subsection (f) is 
                necessary for the Secretary to--
                            (i) award a contract for a Littoral Combat 
                        Ship vessel in fiscal year 2010; and
                            (ii) maintain sufficient government 
                        oversight of the Littoral Combat Ship vessel 
                        program.
                    (C) The Secretary has conducted a thorough analysis 
                of the requirements for the performance, system, and 
                design of both Littoral Combat Ship variants and 
                determined that further changes to such requirements 
                will not reduce--
                            (i) the cost of either such variant; and
                            (ii) the warfighting utility of such 
                        vessel.
                    (D) A construction contract for a Littoral Combat 
                Ship vessel in fiscal year 2010 will be awarded only to 
                a contractor that--
                            (i) with respect to a contract for the 
                        Littoral Combat Ship vessel awarded in fiscal 
                        year 2009--
                                    (I) is maintaining excellent cost 
                                and schedule performance; and
                                    (II) the Secretary determines that 
                                the affordability and efficiency of the 
                                construction of such a vessel are 
                                improving at a satisfactory rate; and
                            (ii) based on the data available from the 
                        developmental and operational assessment 
                        testing of such contractor's vessel and 
                        associated mission packages, the Secretary, in 
                        consultation with the Chief of Naval 
                        Operations, has determined that it is in the 
                        best interest of the Navy to procure such 
                        additional Littoral Combat Ship vessels prior 
                        to the completion of operational test and 
                        evaluation.
                    (E) With respect to funds that are available for 
                shipbuilding and conversion, Navy, for fiscal year 2010 
                for the procurement of Littoral Combat Ship vessels--
                            (i) such funds are sufficient to award 
                        contracts for three additional Littoral Combat 
                        Ship vessels; or
                            (ii) if such funds are insufficient to 
                        award contracts for three additional Littoral 
                        Combat Ship vessels, the Secretary has the 
                        ability to promote competition for the Littoral 
                        Combat Ship vessels that are procured in order 
                        to ensure the best value to the Government.
            (2) Repeal.--The repeal of section 124 of the National 
        Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
        163; 119 Stat. 3157) made by subsection (f) shall take effect 
        on the date that is 15 days after the date on which the 
        certification under paragraph (1) is received by the 
        congressional defense committees.

SEC. 122. FORD-CLASS AIRCRAFT CARRIER REPORT AND LIMITATION ON USE OF 
              FUNDS.

    (a) Report Required.--Not later than February 1, 2010, the 
Secretary of the Navy shall submit to the congressional defense 
committees a report on the effects of using a five-year interval for 
the construction of Ford-class aircraft carriers. The report shall 
include, at a minimum, an assessment of the effects of such interval on 
the following:
            (1) With respect to the supplier base--
                    (A) the viability of the base, including suppliers 
                exiting the market or other potential reductions in 
                competition; and
                    (B) cost increases to the Ford-class aircraft 
                carrier program.
            (2) Training of individuals in trades related to ship 
        construction.
            (3) Loss of expertise associated with ship construction.
            (4) The costs of--
                    (A) any additional technical support or production 
                planning associated with the start of construction;
                    (B) material and labor;
                    (C) overhead; and
                    (D) other ship construction programs, including the 
                costs of existing and future contracts.
    (b) Limitation on Use of Funds.--With respect to the aircraft 
carrier designated CVN-79, none of the amounts authorized to be 
appropriated for fiscal year 2010 for research, development, test, and 
evaluation or advance procurement for such aircraft carrier may be 
obligated or expended for activities that would limit the ability of 
the Secretary of the Navy to award a construction contract for--
            (1) such aircraft carrier in fiscal year 2012; or
            (2) the aircraft carrier designated CVN-80 in fiscal year 
        2016.

SEC. 123. ADVANCE PROCUREMENT FUNDING.

    (a) Advance Procurement.--With respect to a naval vessel for which 
amounts are authorized to be appropriated or otherwise made available 
for fiscal year 2010 or any fiscal year thereafter for advance 
procurement in shipbuilding and conversion, Navy, the Secretary of the 
Navy may enter into a contract, in advance of a contract for 
construction of any vessel, for any of the following:
            (1) Components, parts, or materiel.
            (2) Production planning and other related support services 
        that reduce the overall procurement lead time of such vessel.
    (b) Aircraft Carrier Designated CVN-79.--With respect to components 
of the aircraft carrier designated CVN-79 for which amounts are 
authorized to be appropriated or otherwise made available for fiscal 
year 2010 or any fiscal year thereafter for advance procurement in 
shipbuilding and conversion, Navy, the Secretary of the Navy may enter 
into a contract for the advance construction of such components if the 
Secretary determines that cost savings, construction efficiencies, or 
workforce stability may be achieved for such aircraft carrier through 
the use of such contracts.
    (c) Condition of Out-year Contract Payments.--A contract entered 
into under subsection (b) shall provide that any obligation of the 
United States to make a payment under such contract for any fiscal year 
after fiscal year 2010 is subject to the availability of appropriations 
for that purpose for such fiscal year.

SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E, F/A-18F, AND EA-
              18G AIRCRAFT.

    (a) Authority for Multiyear Procurement.--Notwithstanding 
paragraphs (1) and (7) of section 2306b(i) of title 10, United States 
Code, the Secretary of the Navy may enter into a multiyear contract, 
beginning with the fiscal year 2010 program year, for the procurement 
of F/A-18E, F/A-18F, or EA-18G aircraft and Government-furnished 
equipment associated with such aircraft.
    (b) Report of Findings.--Not less than 30 days before the date on 
which a contract is awarded under subsection (a), the Secretary of the 
Navy shall submit to the congressional defense committees a report 
containing the findings required under subsection (a) of section 2306b 
of title 10, United States Code.

SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR DDG-51 BURKE-CLASS 
              DESTROYERS.

    (a) Authority for Multiyear Procurement.--Notwithstanding 
paragraphs (1) and (7) of section 2306b(i) of title 10, United States 
Code, the Secretary of the Navy may enter into a multiyear contract, 
beginning with the fiscal year 2010 program year, for the procurement 
of DDG-51 Burke-class destroyers and Government-furnished equipment 
associated with such destroyers.
    (b) Report of Findings.--Not less than 30 days before the date on 
which a contract is awarded under subsection (a), the Secretary of the 
Navy shall submit to the congressional defense committees a report 
containing the findings required under subsection (a) of section 2306b 
of title 10, United States Code.

SEC. 126. CONVERSION OF CERTAIN VESSELS; LEASING RATES.

    (a) Use of Funds for Conversion.--Of the funds authorized to be 
appropriated or otherwise made available for fiscal year 2010 for 
weapons procurement, Navy, for Mk-46 torpedo modifications, the 
Secretary of the Navy may obligate not more than $35,000,000 for lease 
and conversion of any covered vessel that, as a result of default on a 
loan guaranteed for the vessels under chapter 537 of title 46, United 
States Code, has become the property of the United States, such that 
the Maritime Administrator has rights to dispose of the financial 
interest of the United States in the covered vessels.
    (b) Determination of Leasing Rates.--The Maritime Administrator 
shall coordinate with the Secretary of the Navy to determine leasing 
rates that meet the obligation of the United States with respect to any 
loan guarantee for the vessels.
    (c) Modification to a Covered Vessel.--The Secretary of the Navy 
may make necessary modifications to a covered vessel for military 
utility as the Secretary considers appropriate.
    (d) Covered Vessel Defined.--In this section the term ``covered 
vessel'' means each of--
            (1) the vessel Huakai (United States official number 
        1215902); and
            (2) the vessel Alakai (United States official number 
        1182234).

                     Subtitle D--Air Force Programs

SEC. 131. REPEAL OF CERTIFICATION REQUIREMENT FOR F-22A FIGHTER 
              AIRCRAFT.

    Section 134 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4378) is repealed.

SEC. 132. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 FIGHTER 
              AIRCRAFT.

    (a) Plan.--The Secretary of the Air Force shall develop a plan for 
the preservation and storage of unique tooling related to the 
production of hardware and end items for F-22 fighter aircraft. The 
plan shall--
            (1) ensure that the Secretary preserves and stores such 
        tooling in a manner that allows the production of such hardware 
        and end items to be restarted after a period of idleness;
            (2) with respect to the supplier base of such hardware and 
        end items, identify the costs of restarting production; and
            (3) identify any contract modifications, additional 
        facilities, or funding that the Secretary determines necessary 
        to carry out the plan.
    (b) Restriction on the Use of Funds.--None of the amounts 
authorized to be appropriated by this Act or otherwise made available 
for fiscal year 2010 for aircraft procurement, Air Force, for F-22 
fighter aircraft may be obligated or expended for activities related to 
disposing of F-22 production tooling until a period of 45 days has 
elapsed after the date on which the Secretary submits to Congress a 
report describing the plan required by subsection (a).

SEC. 133. REPORT ON 4.5 GENERATION FIGHTER PROCUREMENT.

    (a) In General.--Not later than 90 days after the enactment of this 
Act, the Secretary of Defense shall submit to the congressional defense 
committees a report on 4.5 generation fighter aircraft procurement. The 
report shall include the following:
            (1) The number of 4.5 generation fighter aircraft for 
        procurement for fiscal years 2011 through 2025 necessary to 
        fulfill the requirement of the Air Force to maintain not less 
        than 2,200 tactical fighter aircraft.
            (2) The estimated procurement costs for those aircraft if 
        procured through single year procurement contracts.
            (3) The estimated procurement costs for those aircraft if 
        procured through multiyear procurement contracts.
            (4) The estimated savings that could be derived from the 
        procurement of those aircraft through a multiyear procurement 
        contract, and whether the Secretary determines the amount of 
        those savings to be substantial.
            (5) A discussion comparing the costs and benefits of 
        obtaining those aircraft through annual procurement contracts 
        with the costs and benefits of obtaining those aircraft through 
        a multiyear procurement contract.
            (6) A discussion regarding the availability and feasibility 
        of F-35s in fiscal years 2015 through fiscal year 2025 to 
        proportionally and concurrently recapitalize the Air National 
        Guard.
            (7) The recommendations of the Secretary regarding whether 
        Congress should authorize a multiyear procurement contract for 
        4.5 generation fighter aircraft.
    (b) Certifications.--If the Secretary recommends under subsection 
(a)(7) that Congress authorize a multiyear procurement contract for 4.5 
generation fighter aircraft, the Secretary shall submit to Congress the 
certifications required by section 2306b of title 10, United States 
Code, at the same time that the budget is submitted under section 
1105(a) of title 31, United States Code, for fiscal year 2011.
    (c) 4.5 Generation Fighter Aircraft Defined.--In this section, the 
term ``4.5 generation fighter aircraft'' means current fighter 
aircraft, including the F-15, F-16, and F-18, that--
            (1) have advanced capabilities, including--
                    (A) AESA radar;
                    (B) high capacity data-link; and
                    (C) enhanced avionics; and
            (2) have the ability to deploy current and reasonably 
        foreseeable advanced armaments.

SEC. 134. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT.

    At least 120 days before the date on which a C-5 aircraft is 
retired, the Secretary of the Air Force, in coordination with the 
Director of the Air National Guard, shall submit to the congressional 
defense committees a report on the proposed force structure and basing 
of strategic airlift aircraft (as defined in section 8062(g)(2) of 
title 10, United States Code). Each report shall include the following:
            (1) A list of each aircraft in the inventory of strategic 
        airlift aircraft, including for each such aircraft--
                    (A) the type;
                    (B) the variant; and
                    (C) the military installation where such aircraft 
                is based.
            (2) A list of each strategic airlift aircraft proposed for 
        retirement, including for each such aircraft--
                    (A) the type;
                    (B) the variant; and
                    (C) the military installation where such aircraft 
                is based.
            (3) A list of each unit affected by a proposed retirement 
        listed under paragraph (2) and how such unit is affected.
            (4) For each military installation listed under paragraph 
        (2)(C), any changes to the mission of the installation as a 
        result of a proposed retirement.
            (5) Any anticipated reductions in manpower as a result of a 
        proposed retirement listed under paragraph (2).
            (6) Any anticipated increases in manpower or military 
        construction at a military installation as a result of an 
        increase in force structure related to a proposed retirement 
        listed under paragraph (2).

SEC. 135. STRATEGIC AIRLIFT FORCE STRUCTURE.

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

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

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

               Subtitle E--Joint and Multiservice Matters

SEC. 141. BODY ARMOR PROCUREMENT.

    (a) Procurement.--The Secretary of Defense shall ensure that body 
armor is procured using funds authorized to be appropriated by this 
title.
    (b) Procurement Line Item.--In the budget materials submitted to 
the President by the Secretary of Defense in connection with the 
submission to Congress, pursuant to section 1105 of title 31, United 
States Code, of the budget for fiscal year 2011, and each subsequent 
fiscal year, the Secretary shall ensure that within each procurement 
account, a separate, dedicated procurement line item is designated for 
body armor.

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

    None of the amounts authorized to be appropriated for procurement 
may be obligated or expended for an unmanned cargo-carrying-capable 
aerial vehicle until a period of 15 days has elapsed after the date on 
which the Vice Chairman of the Joint Chiefs of Staff and the Under 
Secretary of Defense for Acquisition, Technology, and Logistics certify 
to the congressional defense committees that the Joint Requirements 
Oversight Council has approved a joint and common requirement for an 
unmanned cargo-carrying-capable aerial vehicle type.

         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.
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.
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.

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $10,506,731,000.
            (2) For the Navy, $19,622,528,000.
            (3) For the Air Force, $28,508,561,000.
            (4) For Defense-wide activities, $21,016,672,000, of which 
        $190,770,000 is authorized for the Director of Operational Test 
        and Evaluation.

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. LIMITATION ON OBLIGATION OF FUNDS FOR THE NAVY NEXT 
              GENERATION ENTERPRISE NETWORK.

    (a) Limitation.--Of the amounts authorized to be appropriated 
described in subsection (b), not more than 50 percent of the amounts 
remaining unobligated as of the date of the enactment of this Act may 
be obligated until the Secretary of the Navy submits to the 
congressional defense committees a detailed architectural specification 
for the Next Generation Enterprise Network.
    (b) Covered Authorizations or Appropriations.--The amounts 
authorized to be appropriated described in this subsection are amounts 
authorized to be appropriated for fiscal year 2010 for--
            (1) operation and maintenance for the Continuity of Service 
        Contract for the Navy-Marine Corps Intranet; and
            (2) research, development, test, and evaluation for the 
        Next Generation Enterprise Network.

SEC. 212. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI-MISSION 
              SUBMERSIBLE PROGRAM.

    None of the funds authorized to be appropriated by this or any 
other Act for fiscal year 2010 may be obligated or expended for the 
Joint Multi-Mission Submersible program until the Secretary of Defense, 
in consultation with the Director of National Intelligence--
            (1) completes an assessment on the feasibility of a cost-
        sharing agreement between the Department of Defense and the 
        intelligence community (as that term is defined in section 3(4) 
        of the National Security Act of 1947 (50 U.S.C. 401a(4))), for 
        the Joint Multi-Mission Submersible program;
            (2) submits to the congressional defense committees and the 
        intelligence committees the assessment referred to in paragraph 
        (1); and
            (3) certifies to the congressional defense committees and 
        the intelligence committees that the agreement developed 
        pursuant to the assessment referred to in paragraph (1) 
        represents the most effective and affordable means of delivery 
        for meeting a validated program requirement.

SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH AND 
              DEVELOPMENT OF INDIVIDUAL BODY ARMOR AND ASSOCIATED 
              COMPONENTS.

    In the budget materials submitted to the President by the Secretary 
of Defense in connection with the submission to Congress, pursuant to 
section 1105 of title 31, United States Code, of the budget for fiscal 
year 2011, and each subsequent fiscal year, the Secretary shall ensure 
that within each research, development, test, and evaluation account a 
separate, dedicated program element is assigned to the 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.

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

SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS PENDING SUBMISSION OF 
              SELECTED ACQUISITION REPORT.

    (a) Restriction on Obligation of Funds.--Of the amounts authorized 
to be appropriated for fiscal year 2010 for Research and Development, 
Army, for the defense acquisition programs specified in subsection (b), 
not more than 50 percent may be obligated prior to the date on which 
the Secretary of Defense submits to the congressional defense 
committees the comprehensive annual Selected Acquisition Report for 
each such program for fiscal year 2009, as required by section 2432 of 
title 10, United States Code.
    (b) Programs Specified.--The defense acquisition programs specified 
in this subsection are the following:
            (1) Future Combat Systems program.
            (2) Warfighter information network tactical program.
            (3) Stryker vehicle program.
            (4) Joint Air-to-Ground Missile program.
            (5) Bradley Base Sustain program.
            (6) Abrams Tank Improvement program.
            (7) Javelin program.

SEC. 216. RESTRICTION ON OBLIGATION OF FUNDS FOR FUTURE COMBAT SYSTEMS 
              PROGRAM PENDING RECEIPT OF REPORT.

    Not more than 25 percent of the funds authorized to be appropriated 
by this Act or otherwise made available for Research and Development, 
Army, for fiscal year 2010 for the Future Combat Systems program may be 
obligated or expended until 15 days after the receipt of the report 
required by section 214(c) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364).

SEC. 217. LIMITATION OF THE OBLIGATION OF FUNDS FOR THE NET-ENABLED 
              COMMAND AND CONTROL SYSTEM.

    (a) Limitation.--Of the amounts authorized to be appropriated 
described in subsection (b), not more than 25 percent of the amounts 
remaining unobligated as of the date of the enactment of this Act may 
be obligated until the Secretary of Defense submits to the 
congressional defense committees a plan for reorganizing and 
consolidating the management of the Net-Enabled Command and Control 
system and the Global Command and Control System family of systems.
    (b) Covered Authorizations or Appropriations.--The amounts 
authorized to be appropriated described in this subsection are amounts 
authorized to be appropriated for fiscal year 2010 for the Net-Enabled 
Command and Control system in the following program elements:
            (1) 33158k.
            (2) 33158a.
            (3) 33158n.
            (4) 33158m.
            (5) 33158f.

SEC. 218. LIMITATION ON OBLIGATION OF FUNDS FOR F-35 LIGHTNING II 
              PROGRAM.

    Of the amounts authorized to be appropriated or otherwise made 
available for fiscal year 2010 for research, development, test, and 
evaluation for the F-35 Lightning II program, not more than 75 percent 
may be obligated until the date that is 15 days after the later of the 
following dates:
            (1) The date on which the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics submits to the 
        congressional defense committees certification in writing that 
        all funds made available for fiscal year 2010 for the continued 
        development and procurement of a competitive propulsion system 
        for the F-35 Lightning II have been obligated.
            (2) The date on which the Secretary of Defense submits to 
        the congressional defense committees the report required by 
        section 123 of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4376).
            (3) The date on which the Secretary of Defense submits to 
        the congressional defense committees the annual plan and 
        certification for fiscal year 2010 required by section 231a of 
        title 10, United States Code.

SEC. 219. PROGRAMS REQUIRED TO PROVIDE THE ARMY WITH GROUND COMBAT 
              VEHICLE AND SELF-PROPELLED ARTILLERY CAPABILITIES.

    (a) Program Required.--In accordance with the Weapons Systems 
Acquisition Reform Act of 2009 (Public Law 111-43), the Secretary of 
Defense shall carry out programs to develop, test, and, when 
demonstrated operationally effective, suitable, survivable, and 
affordable, field new or upgraded Army ground combat vehicle and self-
propelled artillery capabilities.
    (b) Report Required.--Not later than February 1, 2010, the 
Secretary of Defense shall deliver a report to the congressional 
defense committees that--
            (1) specifies what vehicles, or upgraded vehicles, will 
        constitute the Army's ground combat vehicle fleet in 2015;
            (2) includes the status, schedule, cost estimates, and 
        requirements for the programs specified in paragraph (1);
            (3) includes any Army force structure modifications planned 
        that impact the requirements for new ground combat vehicles;
            (4) specifies, for each program included, the alternatives 
        considered during any analysis of alternatives, and why those 
        alternatives were not selected as the preferred program option;
            (5) quantifies and describes the loss of knowledge to the 
        industrial base should a future self-propelled artillery cannon 
        not be developed immediately following the cancellation of the 
        Non-Line-of-Sight Cannon, a Manned Ground Vehicle of Future 
        Combat Systems; and
            (6) with respect to the Army's future self-propelled 
        howitzer artillery fleet, explains the Army's plan to develop 
        and field--
                    (A) automated ammunition handling;
                    (B) laser ignition;
                    (C) improved ballistic accuracy;
                    (D) automated crew compartments;
                    (E) hybrid-electric power; and
                    (F) band track.
    (c) Restriction on Use of Funds.--Of the amounts authorized to be 
appropriated under this Act for research, test, development, and 
evaluation for the Army for the program elements specified in 
subsection (d), not more than 50 percent may be obligated or expended 
until 15 days after the Secretary of Defense submits the report 
required under subsection (b).
    (d) Programs Specified.--The restriction on use of funds in 
subsection (c) covers the following Army program elements:
            (1) Combat Vehicle Improvement Program, program element 
        0203735A.
            (2) Advanced Tank Armament System, program element 
        0603653A.
            (3) Artillery Systems, program element 0604854A.

                  Subtitle C--Missile Defense Programs

SEC. 221. INTEGRATED AIR AND MISSILE DEFENSE SYSTEM PROJECT.

    Of the amounts authorized to be appropriated for research and 
development of the Army Integrated Air and Missile Defense project 
(program element 63327A), not more than 25 percent may be obligated 
until the Secretary of Defense has certified to the congressional 
defense committees that the Secretary has--
            (1) carried out a review of the project;
            (2) determined that the project is an affordable, 
        executable project;
            (3) determined that the project meets a current required 
        capability; and
            (4) determined that no other project could be executed, at 
        a lower cost, that would be capable of fulfilling the required 
        capability to the same or approximate level of effectiveness as 
        the Army Integrated Air and Missile Defense project.

SEC. 222. GROUND-BASED MIDCOURSE DEFENSE SUSTAINMENT AND MODERNIZATION 
              PROGRAM.

    (a) Program Required.--The Secretary of Defense shall carry out a 
sustainment and modernization program to ensure the long-term 
reliability, availability, maintainability, and supportability of the 
ground-based midcourse defense system to protect the United States 
against limited ballistic missile attacks whether accidental, 
unauthorized, or deliberate.
    (b) Program Elements.--The program required by subsection (a) shall 
include each of the following elements:
            (1) Sustainment and operations.
            (2) Aging and surveillance.
            (3) System and component level assessments, engineering 
        analysis, and modeling and simulation.
            (4) Ground and flight testing.
            (5) Readiness exercises.
            (6) Modernization and enhancement.
            (7) Any other element the Secretary determines is 
        appropriate.
    (c) Consultation.--In implementing the program required by 
subsection (a), the Secretary of Defense shall consult with the 
commanders of the appropriate combatant commands to ensure the 
sustainment and modernization requirements of such commands are 
reflected in such program.
    (d) Budget Submission Requirement.--For each budget submitted by 
the President to Congress under section 1105 of title 31, the Secretary 
of Defense shall concurrently submit to the congressional defense 
committees a report that clearly identifies the amounts requested for 
each of the program elements referred to in subsection (b).
    (e) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report outlining the long-term 
sustainment and modernization plan of the Department of Defense for the 
ground-based midcourse defense system.

SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OR 
              DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.

    No funds authorized to be appropriated by this Act or otherwise 
made available for the Department of Defense for fiscal year 2010 or 
any fiscal year thereafter may be obligated or expended for the 
acquisition (other than initial long-lead procurement) or deployment of 
operational missiles of a long-range missile defense system in Europe 
until the Secretary of Defense, after receiving the views of the 
Director of Operational Test and Evaluation, submits to the 
congressional defense committees a report certifying that the proposed 
interceptor and the proposed radars to be deployed as part of such 
missile defense system has demonstrated, through successful, 
operationally realistic flight testing, a high probability of working 
in an operationally effective manner and the ability to accomplish the 
mission.

SEC. 224. SENSE OF CONGRESS REAFFIRMING CONTINUED SUPPORT FOR 
              PROTECTING THE UNITED STATES AGAINST LIMITED BALLISTIC 
              MISSILE ATTACKS WHETHER ACCIDENTAL, UNAUTHORIZED, OR 
              DELIBERATE.

    (a) Findings.--Congress makes the following findings:
            (1) Congress passed and the President signed the National 
        Missile Defense Act of 1999 (Public Law 106-38), which stated: 
        ``It is the policy of the United States to deploy as soon as is 
        technologically possible an effective National Missile Defense 
        system capable of defending the territory of the United States 
        against limited ballistic missile attack (whether accidental, 
        unauthorized, or deliberate).
            (2) The United States has thus far deployed 26 long-range, 
        Ground-based, Midcourse Defense (GMD) interceptors in Alaska 
        and California to defend against potential long-range missiles 
        from rogue states such as North Korea.
            (3) Congress has fully funded the President's budget 
        request for the GMD sites in Alaska and California in fiscal 
        years 2008 and 2009, as well as continued development of the 
        Standard Missile-3 Block IIA missile with Japan, which will 
        provide the Aegis Ballistic Missile Defense system the 
        capability to engage long-range ballistic missiles like the 
        North Korean Taepo Dong-2.
            (4) Senior defense and intelligence officials have 
        indicated that the threat to the United States from long-range 
        missiles from rogue states is limited.
            (5) Senior military officials have testified that the 
        original threat assessments of the long-range missile threat 
        made by the Missile Defense Agency in 2002 were ``off by a 
        factor of 10 or 20''.
            (6) It is imperative that missile defense force structure 
        and inventory be linked to the most likely threats and 
        validated military requirements.
            (7) The Secretary of Defense, the Chairman of the Joint 
        Chiefs, the Commander of the United States Strategic Command's 
        Joint Functional Component Command for Integrated Missile 
        Defense, and the Director of the Missile Defense Agency have 
        either testified or stated that 30 operationally deployed GMD 
        interceptors would be adequate to defend against any rogue 
        missile threat to the United States in the near- to mid-term.
            (8) The Director of the Missile Defense Agency testified 
        that, for the first time since the establishment of the Missile 
        Defense Agency in 2002, key elements of the Department of 
        Defense, such as the combatant commanders and the military 
        services, played a major role in shaping the missile defense 
        budget for fiscal year 2010.
            (9) There is currently no existing military requirement 
        justifying the need to deploy 44 GMD interceptors, nor has that 
        number been validated by the Department of Defense's 
        requirements process.
            (10) In testimony before Congress this year, the Director 
        of the Missile Defense Agency indicated that a number of GMD 
        interceptors were removed from their silos for unscheduled 
        maintenance and refurbishment because of unanticipated problems 
        with the interceptors were discovered.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States--
            (1) reaffirms the principles articulated in the National 
        Missile Defense Act of 1999;
            (2) should continue to fund robust research, development, 
        test, and evaluation of the current GMD system deployed in 
        Alaska in California to ensure that the system will work in an 
        operationally effective, suitable, maintainable, and survivable 
        manner to defend the territory of the United States against 
        limited ballistic missile attack (whether accidental, 
        unauthorized, or deliberate);
            (3) should continue the development of the Standard 
        Missile-3 Block IIA missile with Japan, which will provide the 
        Aegis Ballistic Missile Defense system a capability to counter 
        long-range ballistic missiles like the North Korean Taepo Dong-
        2; and
            (4) should set future missile defense force structure and 
        inventory requirements based on a clear linkage to the threat 
        and the military requirements process that takes into account 
        the views of key Department of Defense stakeholders such as the 
        combatant commanders and the military services.

SEC. 225. ASCENT PHASE MISSILE DEFENSE STRATEGY.

    (a) Department of Defense Strategy for Ascent Phase Missile 
Defense.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a strategy for ascent phase missile defense.
    (b) Matters Included.--The strategy required by subsection (a) 
shall include each of the following:
            (1) A description of the programs and activities contained, 
        as of the date of the submission of the strategy, in the 
        program of record of the Missile Defense Agency that provide or 
        are planned to provide a capability to intercept ballistic 
        missiles in their ascent phase.
            (2) A description of the capabilities that are needed to 
        accomplish the intercept of ballistic missiles in their ascent 
        phase, including--
                    (A) the key technologies and associated technology 
                readiness levels, plans for maturing such technologies, 
                and any technology demonstrations for such 
                capabilities;
                    (B) concepts of operation for how ascent phase 
                capabilities would be employed, including the 
                dependence of such capabilities on, and integration 
                with, other functions, capabilities, and information, 
                including those provided by other elements of the 
                ballistic missile defense system;
                    (C) the criteria to be used to assess the technical 
                progress, suitability, and effectiveness of such 
                capabilities;
                    (D) a comprehensive plan for development and 
                investment in such capabilities, including an 
                identification of specific program and technology 
                investments to be made in such capabilities;
                    (E) a description of how, and to what extent, 
                ascent phase missile defense can leverage the 
                capabilities and investments made in boost phase, 
                midcourse, and any other layer or elements of the 
                ballistic missile defense system;
                    (F) a description of any other challenges or 
                limitations associated with ascent phase missile 
                defense; and
                    (G) any other information the Secretary determines 
                is necessary.
    (c) Form.--The strategy shall be submitted in unclassified form, 
but may include a classified annex.

SEC. 226. AVAILABILITY OF FUNDS FOR A MISSILE DEFENSE SYSTEM FOR EUROPE 
              AND THE UNITED STATES.

    (a) Findings.--Congress makes the following findings:
            (1) Missile defense promotes the collective security of the 
        United States and NATO and improves linkages among member 
        nations of NATO by defending all members of NATO against the 
        full range of missile threats.
            (2) The Islamic Republic of Iran possesses the largest 
        inventory of short-and medium-range ballistic missiles in the 
        Middle East and these missiles represent a threat to Europe and 
        United States interests and deployed forces in the region. 
        Neither NATO nor the United States currently possesses 
        sufficient theater missile defense capability to counter this 
        threat from Iran.
            (3) Iran does not currently possess a long-range ballistic 
        missile capable of reaching the United States and, if it were 
        to develop such a capability in the near future, the long-range 
        Ground-based Midcourse Defense (GMD) interceptors currently 
        deployed in Alaska have sufficient range to protect the United 
        States against an emerging threat.
            (4) It is in the interest of the United States to work 
        cooperatively with NATO to counter these threats consistent 
        with the direction provided in the statement by the Heads of 
        State and Government participating in the meeting of the North 
        Atlantic Council in Strasbourg/Kehl on April 4, 2009, that: 
        ``we judge that missile threats should be addressed in a 
        prioritized manner that includes consideration of the level of 
        imminence of the threat and the level of acceptable risk.''.
            (5) The Director of Operational Test and Evaluation for the 
        Department of Defense has raised concerns about the operational 
        effectiveness, suitability, and survivability of the current 
        GMD system, and the Director of the Missile Defense Agency 
        testified before the House Armed Services Committee on May 21, 
        2009, that health and status indicators forced the agency to 
        remove several long-range interceptors for unscheduled 
        maintenance and refurbishment.
            (6) The Fiscal Year 2008 Annual Report to Congress by the 
        Director of Operational Test and Evaluation (DOT&E) stated: 
        ``The inherent BDMS defensive capability against theater 
        threats increased during the last fiscal year and DOT&E expects 
        this trend to continue'' largely due to the continued progress 
        of the AEGIS and Terminal High Altitude Area Defense (THAAD) 
        systems in operational testing.
            (7) The proposed European locations of the long-range 
        missile defense system allow for the defense of both Europe and 
        the United States against long-range threats launched from the 
        Middle East, but a limited deployment of GMD interceptors on 
        the east coast of the United States would provide comparable 
        defense of our homeland and the most pressing threat to Europe 
        is from medium-range ballistic missiles.
    (b) Reservation of Funds.--Of the funds made available for fiscal 
years 2009 and 2010 for the Missile Defense Agency for the purpose of 
developing missile defenses in Europe, $353,100,000 shall be available 
only for a missile defense system for Europe and the United States as 
described in paragraph (1) or (2) of subsection (c).
    (c) Use of Funds.--Funds reserved under subsection (b) may be 
obligated and expended by the Secretary of Defense--
            (1) on the research, development, test, and evaluation of--
                    (A) the proposed midcourse radar element of the 
                ground-based midcourse defense system in the Czech 
                Republic; and
                    (B) the proposed long-range missile defense 
                interceptor site element of such defense system in 
                Poland; or
            (2) on the research, development, test, and evaluation, 
        procurement, site activation, construction, preparation of, 
        equipment for, or deployment of an alternative integrated 
        missile defense system that would protect Europe and the United 
        States from the threats posed by all types of ballistic 
        missiles, if the Secretary submits to the congressional defense 
        committees a report certifying that the alternative missile 
        defense system is expected to be--
                    (A) consistent with the direction of the North 
                Atlantic Council to address ballistic missile threats 
                to Europe and the United States in a prioritized manner 
                that includes consideration of the level of imminence 
                of the threat and the level of acceptable risk;
                    (B) at least as cost-effective, technically 
                reliable, and operationally available in protecting 
                Europe and the United States from missile threats as 
                the ground-based midcourse defense system described in 
                paragraph (1);
                    (C) deployable in a sufficient amount of time to 
                counter current and emerging ballistic missile threats 
                (as determined by the intelligence community) launched 
                from the Middle East that could threaten Europe and the 
                United States; and
                    (D) interoperable with other components of missile 
                defense and compliments NATO's missile defense 
                strategy.

SEC. 227. STUDY ON DISCRIMINATION CAPABILITIES OF MISSILE DEFENSE 
              SYSTEM.

    (a) Study.--The Secretary of Defense shall enter into an 
arrangement with the JASON Defense Advisory Panel under which JASON 
shall carry out a study on the technical and scientific feasibility of 
the discrimination capabilities of the missile defense system of the 
United States, as such system is designed and conceived as of the date 
of the study.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the study.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the following:
            (1) The Committees on Armed Services, Appropriations, and 
        Oversight and Government Reform of the House of 
        Representatives.
            (2) The Committees on Armed Services, Appropriations, and 
        Homeland Security and Governmental Affairs of the Senate.

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.

    (a) Findings.--Congress makes the following findings:
            (1) Congress passed and the President signed the National 
        Missile Defense Act of 1999 (Public Law 106-38), which stated: 
        ``It is the policy of the United States to deploy as soon as is 
        technologically possible an effective National Missile Defense 
        system capable of defending the territory of the United States 
        against limited ballistic missile attack (whether accidental, 
        unauthorized, or deliberate).''.
            (2) Section 118 of title 10, United States Code requires 
        the Secretary of Defense ``every four years, during a year 
        following a year evenly divisible by four, to conduct a 
        comprehensive examination (to be known as a `Quadrennial 
        Defense Review') of the national defense strategy, force 
        structure, force modernization plans, infrastructure, budget 
        plan, and other elements of the defense program and policies of 
        the United States with a view toward determining and expressing 
        the defense strategy of the United States and establishing a 
        defense program for the next 20 years.''.
            (3) Among the requirements established by section 118 of 
        title 10, United States Code, for the elements that must be 
        included in the Quadrennial Defense Review are the following:
                    (A) The threats to the assumed or defined national 
                security interests of the United States that were 
                examined for the purposes of the review and the 
                scenarios developed in the examination of those 
                threats.
                    (B) The specific capabilities, including the 
                general number and type of specific military platforms, 
                needed to achieve the strategic and warfighting 
                objectives identified in the review.
                    (C) The effect on force structure of the use by the 
                armed forces of technologies anticipated to be 
                available for the ensuing 20 years.
            (4) Section 1070 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-116) requires the 
        Secretary of Defense to conduct a comprehensive review of the 
        nuclear posture of the United States for the next 5 to 10 years 
        ``in order to clarify United States nuclear deterrence policy 
        and strategy for the near term.''.
            (5) Among the requirements established by section 1070 of 
        the National Defense Authorization Act for Fiscal Year 2008 for 
        the elements that must be included in the nuclear posture 
        review is ``[t]he role that missile defense capabilities and 
        conventional strike forces play in determining the role and 
        size of nuclear forces.''.
            (6) The Final Report of the Congressional Commission on the 
        Strategic Posture of the United States, issued on May 7, 2009, 
        concluded: ``Missile defenses can play a useful role in 
        supporting the basic objectives of deterrence, broadly defined. 
        Defenses that are effective against regional aggressors are a 
        valuable component of the U.S. strategic posture. The United 
        States should develop and, where appropriate, deploy missile 
        defenses against regional nuclear aggressors, including against 
        limited long-range threats. These can also be beneficial for 
        limiting damage if deterrence fails. The United States should 
        ensure that its actions do not lead Russia or China to take 
        actions that increase the threat to the United States and its 
        allies and friends.''.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should 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.

    (a) Assessment Required.--The Comptroller General shall conduct an 
assessment of the degree to which requirements, technology goals, and 
research and procurement investments in energy storage technologies are 
coordinated within and among the military departments, appropriate 
Defense Agencies, and other elements of the Department of Defense. In 
carrying out such assessment, the Comptroller General shall--
            (1) assess expenses incurred by the Department of Defense 
        in the research, development, testing, and procurement of 
        energy storage devices;
            (2) compare quantities of types of devices in use or under 
        development that rely on commercial energy storage technologies 
        and that use military-unique, proprietary, or specialty 
        devices;
            (3) assess the process by which a determination is made by 
        an acquisition official of the Department of Defense to pursue 
        a commercially available or custom-made energy storage device;
            (4) assess the coordination of Department of Defense-wide 
        activities in energy storage device research, development, and 
        use;
            (5) assess whether there is a need for enhanced 
        standardization of the form, fit, and function of energy 
        storage devices, and if so, formulate a recommendation as to 
        how, from an organizational standpoint, the Department should 
        address that need; and
            (6) assess whether there are commercial advances in 
        portable power technology, including hybrid systems, fuel 
        cells, and electrochemical capacitors, that could be better 
        leveraged by the Department.
    (b) Report.--Not later than March 1, 2010, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the findings and recommendations 
of the Comptroller General with respect to the assessment conducted 
under subsection (a).
    (c) Coordination.--In carrying out subsection (a), the Comptroller 
General shall coordinate with the Secretary of Energy and the heads of 
other appropriate Federal agencies.

SEC. 232. ANNUAL COMPTROLLER GENERAL REPORT ON THE F-35 LIGHTNING II 
              AIRCRAFT ACQUISITION PROGRAM.

    (a) Annual GAO Review.--The Comptroller General shall conduct an 
annual review of the F-35 Lightning II aircraft acquisition program and 
shall, not later than March 15 of each of 2010 through 2015, submit to 
the congressional defense committees a report on the results of the 
most recent review.
    (b) Matters to Be Included.--Each report on the F-35 program under 
subsection (a) shall include each of the following:
            (1) The extent to which the acquisition program is meeting 
        development and procurement cost, schedule, and performance 
        goals.
            (2) The progress and results of developmental and 
        operational testing and plans for correcting deficiencies in 
        aircraft performance, operational effectiveness, and 
        suitability.
            (3) Aircraft procurement plans, production results, and 
        efforts to improve manufacturing efficiency and supplier 
        performance.

SEC. 233. REPORT ON INTEGRATION OF DEPARTMENT OF DEFENSE INTELLIGENCE, 
              SURVEILLANCE, AND RECONNAISSANCE CAPABILITIES.

    Of the amounts authorized to be appropriated in this Act for 
program element 35884L for intelligence planning and review activities, 
not more than 25 percent of such amounts may be obligated or expended 
until the date that is 30 days after the date on which the Under 
Secretary of Defense for Intelligence submits the report required under 
section 923(d)(1) of the National Defense Authorization Act for 2004 
(Public Law 108-136; 117 Stat. 1576), including the elements of the 
report described in subparagraphs (D), (E), and (F) of such section 
923(d)(1).

SEC. 234. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF MAN-PORTABLE AND 
              VEHICLE-MOUNTED GUIDED MISSILE SYSTEMS.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Army shall submit to Congress a 
report on future research and development of man-portable and vehicle-
mounted guided missile systems to replace the current Javelin and TOW 
systems. Such report shall include--
            (1) an examination of current requirements for anti-armor 
        missile systems;
            (2) an analysis of battlefield uses other than anti-armor;
            (3) an analysis of changes required to the current Javelin 
        and TOW systems to maximize effectiveness and lethality in 
        situations other than anti-armor;
            (4) an analysis of the current family of Javelin and TOW 
        warheads and specifically detail how they address threats other 
        than armor;
            (5) an examination of the need for changes to current or 
        development of additional warheads or a family of warheads to 
        address threats other than armor;
            (6) a description of any missile system design changes 
        required to integrate current missile systems with current 
        manned ground systems;
            (7) a detailed and current analysis of the costs associated 
        with the development of next-generation Javelin and TOW systems 
        and additional warheads or family of warheads to address 
        threats other than armor, integration costs for current 
        vehicles, integration costs for future vehicles and possible 
        efficiencies of developing and procuring these systems at low 
        rate and full rate based on current system production; and
            (8) an analysis of the ability of the industrial base to 
        support development and production of current and future 
        Javelin and TOW systems.
    (b) Restriction on Use of Funds.--Of the amounts authorized to be 
appropriated under this Act for research, test, development, and 
evaluation for the Army, for missile and rocket advanced technology 
(program element 0603313A), not more than 70 percent may be obligated 
or expended until the Secretary of the Army submits the report required 
by subsection (a).

                       Subtitle E--Other Matters

SEC. 241. ACCESS OF THE DIRECTOR OF THE TEST RESOURCE MANAGEMENT CENTER 
              TO DEPARTMENT OF DEFENSE INFORMATION.

    Section 196 of title 10, United States Code, is amended--
            (1) by redesignating subsections (d) through (h) as 
        subsections (e) through (i), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Access to Information.--The Director shall have access to all 
records and data of the Department of Defense (including the records 
and data of each military department) that the Director considers 
necessary to review in order to carry out the duties of the Director 
under this section.''.

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.

    (a) Annual Budget.--Chapter 9 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 235. Budget for competitive propulsion system for F-35 Lightning 
              II
    ``(a) Annual Budget.--Effective for the budget of the President 
submitted to Congress under section 1105(a) of title 31, United States 
Code, for fiscal year 2011 and each fiscal year thereafter, the 
Secretary of Defense shall include, in the materials submitted by the 
Secretary to the President, a request for such amounts as are necessary 
for the full funding of the continued development and procurement of a 
competitive propulsion system for the F-35 Lightning II.
    ``(b) Future-years Defense Program.--In each future-years defense 
program submitted to Congress under section 221 of this title, the 
Secretary of Defense shall ensure that the estimated expenditures and 
proposed appropriations for the F-35 Lighting II, for each fiscal year 
of the period covered by that program, include sufficient amounts for 
the full funding of the continued development and procurement of a 
competitive propulsion system for the F-35 Lightning II.
    ``(c) Requirement to Obligate and Expend Funds.--Of the amounts 
authorized to be appropriated for fiscal year 2010 or any year 
thereafter, for research, development, test, and evaluation and 
procurement for the F-35 Lightning II Program, the Secretary of Defense 
shall ensure the obligation and expenditure in each such fiscal year of 
sufficient annual amounts for the continued development and procurement 
of two options for the propulsion system for the F-35 Lightning II in 
order to ensure the development and competitive production for the 
propulsion system for the F-35 Lightning II.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by at the end the following new item:

``235. Budget for competitive propulsion system for F-35 Lightning 
                            II.''.
    (c) Conforming Repeal.--The National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) is amended by striking section 
213.

SEC. 243. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION OF 
              HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND 
              MINORITY-SERVING INSTITUTIONS IN DEFENSE RESEARCH 
              PROGRAMS.

    (a) Program Established.--Chapter 139 of title 10, United States 
Code, is amended by inserting after section 2361 the following new 
section:
``Sec. 2362. Research and educational programs and activities: 
              historically black colleges and universities and 
              minority-serving institutions of higher education
    ``(a) Program Established.--The Secretary of Defense, acting 
through the Director of Defense Research and Engineering and the 
Secretary of each military department, shall carry out a program to 
provide assistance to covered educational institutions to assist the 
Department in defense-related research, development, testing, and 
evaluation within the science, technology, engineering, and mathematics 
fields.
    ``(b) Program Objective.--The objective of the program established 
under subsection (a) is to enhance science, technology, mathematics, 
and engineering research and education at covered educational 
institutions. Such objective shall be accomplished through initiatives 
designed to--
            ``(1) enhance research and educational capabilities of the 
        institutions in areas of science, technology, engineering, or 
        mathematics that are important to national defense, as 
        determined by the Secretary;
            ``(2) encourage the participation of such institutions in 
        the research, development, testing, and evaluation programs and 
        activities of the Department of Defense;
            ``(3) increase the capacity of such institutions to 
        contribute to the national security functions of the Department 
        of Defense through participation in research, development, 
        testing, and evaluation programs and activities in which such 
        institutions might not otherwise have the opportunity to 
        participate;
            ``(4) increase the number of graduates engaged in 
        scientific, technological, mathematic, and engineering 
        disciplines important to the national security functions of the 
        Department of Defense, as determined by the Secretary;
            ``(5) conduct collaborative research and educational 
        opportunities between such institutions and defense research 
        facilities;
            ``(6) encourage research and educational collaborations 
        between such institutions and other institutions of higher 
        education; or
            ``(7) encourage research and educational collaborations 
        between such institutions and business enterprises that 
        historically perform defense-related research, development, 
        testing and evaluation.
    ``(c) Assistance Provided.--Under the program established by 
subsection (a), the Secretary of Defense may provide covered 
educational institutions with funding or technical assistance, 
including any of the following:
            ``(1) The competitive awarding of grants, cooperative 
        agreements or contracts to establish Centers of Excellence for 
        Research and Education in scientific disciplines important to 
        national defense, as determined by the Secretary.
            ``(2) The competitive awarding of undergraduate 
        scholarships or graduate fellowships in support of research in 
        scientific disciplines important to national defense, as 
        determined by the Secretary.
            ``(3) The competitive awarding of grants, cooperative 
        agreements, or contracts for research in areas of science, 
        technology, engineering, and mathematics that are important to 
        national defense, as determined by the Secretary.
            ``(4) The competitive awarding of grants, cooperative 
        agreements, or contracts for the acquisition of equipment or 
        instrumentation necessary for the conduct of research, 
        development, testing, evaluation or educational enhancements in 
        scientific disciplines important to national defense, as 
        determined by the Secretary.
            ``(5) Support to assist in attraction and retention of 
        faculty in scientific disciplines critical to the national 
        security functions of the Department of Defense.
            ``(6) Making Department of Defense personnel available to 
        advise and assist faculty at such institutions in the 
        performance of defense research in scientific disciplines 
        critical to the national security functions of the Department 
        of Defense.
            ``(7) Establishing partnerships between defense 
        laboratories and such institutions to encourage involvement of 
        faculty and students in scientific research important to the 
        national security functions of the Department of Defense.
            ``(8) Encouraging the establishment of a program or 
        programs creating partnerships between such institutions and 
        corporations that have routinely been awarded research, 
        development, testing, or evaluation contracts by the Secretary 
        of Defense for the purpose of involving faculty and students in 
        scientific research critical to the national security functions 
        of the Department of Defense.
            ``(9) Encouraging the establishment of a program or 
        programs creating partnerships between such institutions and 
        other institutions of higher education that have experience in 
        conducting research, development, testing, or evaluation 
        programs with the Department of Defense for the purpose of 
        involving faculty and students in scientific research critical 
        to the national security functions of the Department of 
        Defense.
            ``(10) Other such non-monetary assistance in support of 
        defense research as the Secretary finds appropriate to enhance 
        science, mathematics, or engineering programs at such 
        institutions, which may be provided directly through the 
        Department of Defense or through contracts or other agreements 
        entered into by the Secretary with private-sector entities that 
        have experience and expertise in the development and delivery 
        of technical assistance services to such institutions.
    ``(d) Definition of Covered Educational Institution.--In this 
section the term `covered educational institution' means an institution 
of higher education eligible for assistance under title III or V of the 
Higher Education Act of 1965 (20 U.S.C. 1051 et seq.).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2361 the following new item:

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

SEC. 244. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED 
              TECHNOLOGY ACHIEVEMENTS.

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

SEC. 245. EXECUTIVE AGENT FOR ADVANCED ENERGETICS.

    (a) Executive Agent.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall designate a 
senior official of the Department of Defense to act as the executive 
agent for advanced energetics.
    (b) Roles, Responsibilities, and Authorities.--
            (1) Establishment.--Not later than 1 year after the date of 
        the enactment of this Act, and in accordance with Directive 
        5101.1, the Secretary of Defense shall prescribe the roles, 
        responsibilities, and authorities of the executive agent 
        designated under subsection (a).
            (2) Specification.--The roles and responsibilities of the 
        executive agent designated under subsection (a) shall include 
        each of the following:
                    (A) Assessment of the current state of, and 
                advances in, research, development, and manufacturing 
                technology of energetic materials in both foreign 
                countries and the United States.
                    (B) Development of strategies to address matters 
                identified as a result of the assessment described in 
                subparagraph (A).
                    (C) Development of recommended funding strategies 
                to retain sufficient explosive domestic production 
                capacity, continue the development of innovative 
                munitions, and recruit the next generation of 
                scientists and engineers of advanced energetics.
                    (D) Recommending changes to strengthen the 
                energetic capabilities of the Department of Defense.
                    (E) Such other roles and responsibilities as the 
                Secretary of Defense considers appropriate.
    (c) Support Within Department of Defense.--In accordance with 
Directive 5101.1, the Secretary of Defense shall ensure that the 
military departments, Defense Agencies, and other components of the 
Department of Defense provide the executive agent designated under 
subsection (a) with the appropriate support and resources needed to 
perform the roles, responsibilities, and authorities of the executive 
agent.
    (d) Definitions.--In this section:
            (1) The term ``Directive 5101.1'' means Department of 
        Defense Directive 5101.1, dated September 3, 2002, or any 
        successor directive relating to the responsibilities of an 
        executive agent of the Department of Defense.
            (2) The term ``executive agent'' had the meaning given the 
        term ``DoD Executive Agent'' in Directive 5101.1.

SEC. 246. STUDY ON THORIUM-LIQUID FUELED REACTORS FOR NAVAL FORCES.

    (a) Study Required.--The Secretary of Defense and the Chairman of 
the Joint Chiefs of Staff shall jointly carry out a study on the use of 
thorium-liquid fueled nuclear reactors for naval power needs pursuant 
to section 1012, of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 303).
    (b) Contents of Study.--In carrying out the study required under 
subsection (a), the Secretary of Defense and the Chairman of the Joint 
Chiefs of Staff shall, with respect to naval power requirements for the 
Navy strike and amphibious force--
            (1) compare and contrast thorium-liquid fueled reactor 
        concept to the 2005 Quick Look, 2006 Navy Alternative 
        Propulsion Study, and the navy CG(X) Analysis of Alternatives 
        study;
            (2) identify the benefits to naval operations which 
        thorium-liquid fueled nuclear reactors or uranium reactors 
        would provide to major surface combatants compared to 
        conventionally fueled ships, including such benefits with 
        respect to--
                    (A) fuel cycle, from mining to waste disposal;
                    (B) security of fuel supply;
                    (C) power needs for advanced weapons and sensors;
                    (D) safety of operation, waste handling and 
                disposal, and proliferation issues compared to uranium 
                reactors;
                    (E) no requirement to refuel and reduced logistics;
                    (F) ship upgrades and retrofitting;
                    (G) reduced manning;
                    (H) global range at flank speed, greater forward 
                presence, and extended combat operations;
                    (I) power for advanced sensors and weapons, 
                including electromagnetic guns and lasers;
                    (J) survivability due to increased performance and 
                reduced signatures;
                    (K) high power density propulsion;
                    (L) operational tempo;
                    (M) operational effectiveness; and
                    (N) estimated cost-effectiveness; and
            (3) conduct a ROM cost-effectiveness comparison of nuclear 
        reactors in use by the Navy as of the date of the enactment of 
        this Act, thorium-liquid fueled reactors, and conventional 
        fueled major surface combatants, which shall include a 
        comparison of--
                    (A) security, safety, and infrastructure costs of 
                fuel supplies;
                    (B) nuclear proliferation issues;
                    (C) reactor safety;
                    (D) nuclear fuel safety, waste handling, and 
                storage;
                    (E) power requirements and distribution for 
                sensors, weapons, and propulsion; and
                    (F) capabilities to fully execute the Navy Maritime 
                Strategic Concept.
    (c) Report.--Not later than February 1, 2011, the Secretary of 
Defense and the Chairman of the Joint Chiefs of Staff shall jointly 
submit to the congressional defense committees a report on the results 
of the study required under subsection (a).

SEC. 247. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM.

    (a) Authority to Establish.--The Secretary of Defense may establish 
a program to be known as the Visiting NIH Senior Neuroscience 
Fellowship Program at--
            (1) the Defense Advanced Research Projects Agency; and
            (2) the Defense Center of Excellence for Psychological 
        Health and Traumatic Brain Injury.
    (b) Activities of the Program.--In establishing the Visiting NIH 
Senior Neuroscience Fellowship Program under subsection (a), the 
Secretary shall require the program to--
            (1) provide a partnership between the National Institutes 
        of Health and the Defense Advanced Research Projects Agency to 
        enable identification and funding of the broadest range of 
        innovative, highest quality clinical and experimental 
        neuroscience studies for the benefit of members of the Armed 
        Forces;
            (2) provide a partnership between the National Institutes 
        of Health and the Defense Center of Excellence for 
        Psychological Health and Traumatic Brain Injury that will 
        enable identification and funding of clinical and experimental 
        neuroscience studies for the benefit of members of the Armed 
        Forces;
            (3) use the results of the studies described in paragraph 
        (1) and (2) to enhance the mission of the National Institutes 
        of Health for the benefit of the public; and
            (4) provide a military and civilian collaborative 
        environment for neuroscience-based medical problem-solving in 
        critical areas affecting both military and civilian life, 
        particularly post-traumatic stress disorder.
    (c) Period of Fellowship.--The period of any fellowship under the 
Program shall not last more than 2 years and shall not continue unless 
agreed upon by the parties concerned.

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.

    Section 217(f)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat 2695) is amended by 
adding at the end the following new subparagraph:
    ``(C) A federally funded research and development center of the 
National Aeronautics and Space Administration that functions primarily 
as a research laboratory may respond to broad agency announcements 
under programs authorized by the Federal Government for the purpose of 
promoting the research, development, demonstration, or transfer of 
technology in a manner consistent with the terms and conditions of such 
program, for activities including, but not limited to, those conducted 
by the center under contract with or on behalf of the Department of 
Defense or through transfer of funds from the Department of Defense to 
the National Aeronautics and Space Administration.''.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

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 depot-level 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

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.

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, in amounts as follows:
            (1) For the Army, $31,398,432,000.
            (2) For the Navy, $35,330,997,000.
            (3) For the Marine Corps, $5,570,823,000.
            (4) For the Air Force, $34,451,654,000.
            (5) For Defense-wide activities, $29,016,532,000.
            (6) For the Army Reserve, $2,572,196,000.
            (7) For the Naval Reserve, $1,292,501,000.
            (8) For the Marine Corps Reserve, $228,925,000.
            (9) For the Air Force Reserve, $3,088,528,000.
            (10) For the Army National Guard, $6,268,884,000.
            (11) For the Air National Guard, $5,919,461,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $13,932,000.
            (13) For the Acquisition Development Workforce Fund, 
        $100,000,000.
            (14) For Environmental Restoration, Army, $415,864,000.
            (15) For Environmental Restoration, Navy, $285,869,000.
            (16) For Environmental Restoration, Air Force, 
        $494,276,000.
            (17) For Environmental Restoration, Defense-wide, 
        $11,100,000.
            (18) For Environmental Restoration, Formerly Used Defense 
        Sites, $267,700,000.
            (19) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $109,869,000.
            (20) For Cooperative Threat Reduction programs, 
        $434,093,000.
            (21) For the Overseas Contingency Operations Transfer Fund, 
        $5,000,000.

                  Subtitle B--Environmental Provisions

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

    Section 2694c of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``to carry out this 
        section'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Source of Funds.--(1) Amounts described in paragraph (2) 
shall be available for activities under this section.
    ``(2) Amounts described in this paragraph are amounts available for 
any of the following:
            ``(A) Operation and maintenance.
            ``(B) Military construction.
            ``(C) Research, development, test, and evaluation.
            ``(D) The Support for United States Relocation to Guam 
        Account established under section 2824 of the Duncan Hunter 
        National Defense Authorization Act for Fiscal Year 2009 (Public 
        Law 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).''.

SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT.

    (a) Reauthorization.--Section 108 of the Sikes Act (16 U.S.C. 670f) 
is amended by striking ``fiscal years 2004 through 2008'' each place it 
appears and inserting ``fiscal years 2010 through 2015''.
    (b) Clarification of Authorizations.--Such section is further 
amended--
            (1) in subsection (b), by striking ``There are authorized'' 
        and inserting ``Of the amounts authorized to be appropriated to 
        the Department of Defense, there are authorized''; and
            (2) in subsection (c), by striking ``There are authorized'' 
        and inserting ``Of the amounts authorized to be appropriated to 
        the Department of the Interior, there are authorized''.

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

    (a) Authority.--Section 103 of the Sikes Act (16 U.S.C. 670c-1) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting after ``and individuals'' the 
                following: ``, and into interagency agreements with the 
                heads of other Federal departments and agencies,''; and
                    (B) in paragraph (2), by inserting ``or interagency 
                agreement'' after ``cooperative agreement'';
            (2) in subsection (b), by inserting ``or interagency 
        agreement'' after ``cooperative agreement''; and
            (3) in subsection (c), by inserting ``and interagency 
        agreements'' after ``cooperative agreements'' the first place 
        it appears.
    (b) Clerical Amendments.--The heading for such section is amended 
by inserting ``and interagency'' after ``cooperative''and the table of 
contents for such Act is conformed accordingly.

SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE SPECIES 
              MANAGEMENT FOR MILITARY INSTALLATIONS IN GUAM.

    Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1)) is 
amended by striking ``fiscal years 2004 through 2008'' and inserting 
``fiscal years 2010 through 2015''.

SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN 
              COSTS IN CONNECTION WITH THE FORMER NANSEMOND ORDNANCE 
              DEPOT SITE, SUFFOLK, VIRGINIA.

    (a) Authority to Reimburse.--
            (1) Transfer amount.--Using funds described in subsection 
        (b) and notwithstanding section 2215 of title 10, United States 
        Code, the Secretary of Defense may transfer not more than 
        $68,623 during fiscal year 2010 to the Former Nansemond 
        Ordnance Depot Site Special Account, within the Hazardous 
        Substance Superfund.
            (2) Purpose of reimbursement.--The payment under paragraph 
        (1) is final payment to reimburse the Environmental Protection 
        Agency for all costs incurred in overseeing a time critical 
        removal action performed by the Department of Defense under the 
        Defense Environmental Restoration Program for ordnance and 
        explosive safety hazards at the Former Nansemond Ordnance Depot 
        Site, Suffolk, Virginia.
            (3) Interagency agreement.--The reimbursement described in 
        paragraph (2) is provided for in an interagency agreement 
        entered into by the Department of the Army and the 
        Environmental Protection Agency for the Former Nansemond 
        Ordnance Depot Site in December 1999.
    (b) Source of Funds.--Any payment under subsection (a) shall be 
made using funds authorized to be appropriated by section 301(17) of 
this Act for operation and maintenance for Environmental Restoration, 
Formerly Used Defense Sites.
    (c) Use of Funds.--The Environmental Protection Agency shall use 
the amount transferred under subsection (a) to pay costs incurred by 
the agency at the Former Nansemond Ordnance Depot Site.

SEC. 316. PROCUREMENT AND USE OF MUNITIONS.

    The Secretary of Defense shall--
            (1) in making decisions with respect to the procurement of 
        munitions, develop methods to account for the full life-cycle 
        costs of munitions, including the effects of failure rates on 
        the cost of disposal;
            (2) undertake a review of live-fire practices for the 
        purpose of reducing unexploded ordnance and munitions-
        constituent contamination without impeding military readiness; 
        and
            (3) not later than 180 days after the date of the enactment 
        of this Act, and annually thereafter, submit to Congress a 
        report on the methods developed pursuant to this section and 
        the progress of the live-fire review and recommendations for 
        reducing the life-cycle costs of munitions, unexploded 
        ordnance, and munitions-constituent contamination.

SEC. 317. PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN PITS.

    (a) In General.--The Secretary of Defense shall prohibit the 
disposal of covered waste in an open-air burn pit during a contingency 
operation lasting longer than 1 year.
    (b) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall prescribe 
regulations to carry out this section.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the use of open-air burn pits in contingency operations. The report 
shall include--
            (1) a description of each type of waste burned in such 
        open-air burn pits; and
            (2) a discussion of the feasibility of alternative methods 
        of disposing of covered waste, including--
                    (A) a plan to use such alternative methods; or
                    (B) if the Secretary determines that no such 
                alternative method is feasible, a detailed discussion 
                explaining why open-air burn pits are the only feasible 
                method of disposing of such waste.
    (d) Definitions.--In this section:
            (1) The term ``contingency operation'' has the meaning 
        given that term by section 101(a)(13) of title 10, United 
        States Code.
            (2) The term ``covered waste'' includes--
                    (A) hazardous waste, as defined by section 1004(5) 
                of the Solid Waste Disposal Act (42 U.S.C. 6903(5));
                    (B) medical waste; and
                    (C) solid waste containing plastic.

SEC. 318. MILITARY MUNITIONS RESPONSE SITES.

    (a) Information Sharing.--Section 2710(a)(2)(B) of title 10, United 
States Code, is amended by inserting ``, county,'' after 
``identification of the State''.
    (b) Military Munitions Response Program and Installation 
Restoration Program.--The Secretary of Defense shall--
            (1) as part of the Secretary's annual budget submission to 
        Congress, include the funding levels requested for Military 
        Munitions Response Program and Installation Restoration 
        Program; and
            (2) evaluate and report on the progress of such programs in 
        the Defense Environmental Program's Annual Report to Congress.

                 Subtitle C--Workplace and Depot Issues

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

    (a) Requirement.--Section 2461(a)(1) of title 10, United States 
Code, is amended--
            (1) by striking ``A function'' and inserting ``No 
        function'';
            (2) by striking ``10 or more''; and
            (3) by striking ``may not be converted'' and inserting 
        ``may be converted''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to a function for which a public-private competition 
is commenced on or after the date of the enactment of this Act.

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

    (a) Time Limitation.--Section 2461(a) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(5)(A) The duration of a public-private competition conducted 
pursuant to Office of Management and Budget Circular A-76 or any other 
provision of law for any function of the Department of Defense 
performed by Department of Defense civilian employees may not exceed a 
period of 540 days, commencing on the date on which the preliminary 
planning for the public-private competition begins through the date on 
which a performance decision is rendered with respect to the function.
    ``(B) The time period specified in subparagraph (A) for a public-
private competition does not include any day during which the public-
private competition is delayed by reason of a protest before the 
Government Accountability Office or the United States Court of Federal 
Claims unless the Secretary of Defense determines that the delay is 
caused by issues being raised during the appellate process that were 
not previously raised during the competition.
    ``(C) In this paragraph, the term `preliminary planning' with 
respect to a public-private competition means any action taken to carry 
out any of the following activities:
            ``(i) Determining the scope of the competition.
            ``(ii) Conducting research to determine the appropriate 
        grouping of functions for the competition.
            ``(iii) Assessing the availability of workload data, 
        quantifiable outputs of functions, and agency or industry 
        performance standards applicable to the competition.
            ``(iv) Determining the baseline cost of any function for 
        which the competition is conducted.''.
    (b) Effective Date.--Paragraph (5) of section 2461(a) of title 10, 
United States Code, as added by subsection (a), shall apply with 
respect to a public-private competition covered by such section that is 
being conducted on or after the date of the enactment of this Act.

SEC. 323. INCLUSION OF INSTALLATION OF MAJOR MODIFICATIONS IN 
              DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.

    Section 2460 of title 10, United States Code, is amended in the 
second sentence--
            (1) by striking ``and'' before ``(2)''; and
            (2) by inserting before the period at the end the 
        following: ``, and (3) the installation of major modifications, 
        including performance or safety modifications''.

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

    The second sentence of section 4544(a) of title 10, United States 
Code, is amended by inserting before the period at the end the 
following: ``in addition to the contracts and cooperative agreements in 
effect as of the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181)''.

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.

    (a) Cost-benefit Analysis Required.--The Secretary of the Navy, in 
consultation with the Commandant of the Marine Corps, shall carry out a 
thorough economic analysis of the costs and benefits associated with 
each alternative the Secretary is considering for the performance of 
planned maintenance interval events and concurrent or stand alone 
modifications performed on the AV-8B Harrier weapons system. Such 
analysis shall be performed in accordance with Department of Defense 
Instruction 7043.1, entitled ``Economic Analysis for Decisionmaking'', 
and Office of Management and Budget Circular A-94, entitled 
``Guidelines and Discount Rates for Benefit-Cost Analysis of Federal 
Programs'' and dated October 29, 1992, and, for each such alternative, 
shall include an assessment of the following:
            (1) The effect of the loss of workload on organic depot 
        labor rates associated with each alternative.
            (2) The effect on the depot net operating result for each 
        such alternative.
            (3) The effect on long-term sustainment of depot-level 
        capabilities for future support of core workload throughout the 
        life cycle of the AV-8B Harrier weapons system.
            (4) The risk to readiness, the aviation safety risk, and 
        the enterprise-wide financial risk associated with each such 
        alternative.
    (b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a report on the cost-benefit analysis 
required in subsection (a). The report shall include each of the 
following:
            (1) The criteria and rationale used to classify work as 
        organization-level maintenance or depot-level maintenance.
            (2) An explanation of the core logistics capabilities and 
        associated workload requirements for the AV-8B weapons system, 
        including an explanation of how such requirements were 
        determined and rationale for classifying the planned 
        maintenance interval events and concurrent or stand alone 
        modifications on the AV-8B as above core workload.
            (3) An assessment of the effects of proposed workload 
        transfer on the Department of the Navy's division of depot 
        maintenance funding between public and private sectors in 
        accordance with section 2466(a) of title 10, United States 
        Code.
    (c) Prohibition on Contracting Activities.--The Secretary of the 
Navy may not enter into a contract for the performance of planned 
maintenance interval events or associated depot-level maintenance 
activities, including concurrent or stand alone modifications, by non-
Federal Government personnel until 90 days after the date on which the 
Secretary completes the assessment required under subsection (a) and 
submits the report required under subsection (b).

SEC. 326. TERMINATION OF CERTAIN PUBLIC-PRIVATE COMPETITIONS FOR 
              CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO 
              PERFORMANCE BY A CONTRACTOR.

    (a) Temporary Suspension of Pending Studies.--The Secretary of 
Defense shall halt all pending public-private competitions being 
conducted pursuant to section 2461 of title 10, United States Code, or 
Office of Management and Budget Circular A-76 that had not resulted in 
conversion to performance to a contractor as of March 26, 2009, until 
such time as the Secretary may review such competitions.
    (b) Review and Approval Process.--
            (1) Review required.--Before recommencing any pending study 
        for a public-private competition halted under subsection (a), 
        the Secretary of Defense shall review all the studies halted by 
        reason of that subsection and take the following actions with 
        respect to each such study:
                    (A) Describe the methodology and data sources along 
                with outside resources to gather and analyze 
                information necessary to estimate cost savings.
                    (B) Certify that the estimated savings are still 
                achievable.
                    (C) Document the rationale for rejecting an 
                individual command's request to cancel, defer, or 
                reduce the scope of a decision to conduct the study.
                    (D) Consider alternatives to the study that would 
                provide savings and improve performance such as 
                internal reorganizations.
                    (E) Include any other relevant information to 
                justify recommencement of the study.
            (2) Termination of certain studies.--The Secretary of 
        Defense shall terminate any study for a public-private 
        competition that has been conducted for longer than 18 months 
        (beginning with preliminary planning and ending with the 
        exhaustion of General Accountability Office protests), or 
        submit to Congress a written justification for continuing of 
        the study.
    (c) Congressional Notification.--The Secretary of Defense may not 
recommence a study halted pursuant to subsection (a) until the 
Secretary submits to Congress a report describing the actions taken by 
the Secretary under paragraphs (1) and (2) of subsection (b).

SEC. 327. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS FOR 
              CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO 
              PERFORMANCE BY A CONTRACTOR.

    During the period beginning on the date of the enactment of this 
Act and ending on September 30, 2012, no study or competition regarding 
the conversion to performance by a contractor of any Department of 
Defense function may be begun or announced pursuant to 2461 of title 
10, United States Code, or otherwise pursuant to Office of Management 
and Budget Circular A-76.

SEC. 328. REQUIREMENT FOR DEBRIEFINGS RELATED TO CONVERSION OF 
              FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO 
              PERFORMANCE BY A CONTRACTOR.

    The Administrator for Federal Procurement Policy shall revise the 
Federal Acquisition Regulation to allow for pre-award and post-award 
debriefings of Federal employee representatives in the case of a 
conversion of any function from performance by Federal employees to 
performance by a contractor. Such debriefings will conform to the 
requirements of section 2305(b)(6)(A) of title 10, United States Code, 
section 303B(f) of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 253b(f)), and subparts 15.505 and 15.506 (as in 
effect on the date of the enactment of this Act ) of the Federal 
Acquisition Regulation.

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.

    (a) Protest Jurisdiction of the Comptroller General.--Section 
3551(1) of title 31, United States Code, is amended by adding at the 
end the following new subparagraph:
                    ``(E) Conversion of a function that is being 
                performed by Federal employees to private sector 
                performance.''.
    (b) Eligibility to Protest Public-private Competitions.--Clause (i) 
of paragraph (2)(B) of section 3551 of title 31, United States Code, is 
amended to read as follows:
                            ``(i) any official who is responsible for 
                        submitting the agency tender in such 
                        competition; and''.
    (c) Prejudice to Federal Employees.--
            (1) In general.--Section 3557 of title 31, United States 
        Code, is amended--
                    (A) by inserting ``(a) Expedited Action.--'' before 
                ``For any protest''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Injury to Federal Employees.--In the case of a protest filed 
by an interested party described in subparagraph (B) of section 3551(2) 
of this title, a showing that a Federal employee has been displaced 
from performing a function or part thereof, and that function is being 
performed by the private sector, is sufficient evidence that a 
conversion has occurred resulting in concrete injury and prejudice to 
the Federal employee as a consequence of agency action.''.
            (2) Conforming and clerical amendments.--
                    (A) The heading of section 3557 of such title is 
                amended to read as follows:
``Sec. 3557. Protests of public-private competitions''.
                    (B) The item relating to section 3557 in the table 
                of sections at the beginning of chapter 35 of such 
                title is amended to read as follows:

``3557. Protests of public-private competitions.''.
    (d) Decisions on Protests.--Section 3554(b) of title 31, United 
States Code, is amended--
            (1) by redesignating subparagraphs (F) and (G) as 
        subparagraphs (G) and (H), respectively;
            (2) by inserting after subparagraph (E) the following new 
        subparagraph (F):
                    ``(F) cancel the solicitation issued pursuant to 
                the public-private competition conducted under Office 
                of Management and Budget Circular A-76 or any successor 
                circular;''; and
            (3) in subparagraph (G), as redesignated by paragraph (1), 
        by striking ``, and (E)'' an inserting ``, (E), and (G)''.
    (e) Applicability.--The amendments made by this section shall 
apply--
            (1) to any protest or civil action that relates to a 
        public-private competition conducted after the date of the 
        enactment of this Act under Office of Management and Budget 
        Circular A-76, or any successor circular; or
            (2) to a decision made after the date of the enactment of 
        this Act to convert a function performed by Federal employees 
        to private sector performance without a competition under 
        Office of Management and Budget Circular A-76.

                      Subtitle D--Energy Security

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

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

SEC. 332. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL 
              RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT AT FORWARD-
              DEPLOYED LOCATIONS.

    Not later than February 1, 2010, the Director of Operational Energy 
Plans and Programs of the Department of Defense (or, in the event that 
no individual has been confirmed as the Director, the Secretary of 
Defense) shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on any specific actions that have 
been taken to implement the following three recommendations made by the 
Comptroller General:
            (1) The recommendation that each of the combatant 
        commanders establish requirements for managing fuel demand at 
        forward-deployed locations within their respective areas of 
        responsibility.
            (2) The recommendation that the head of each military 
        department develop guidance to implement such requirements.
            (3) The recommendation that the Chairman of the Joint 
        Chiefs of Staff require that fuel demand considerations be 
        incorporated into the Joint Staff's initiative to develop joint 
        standards of life support at forward-deployed locations.

SEC. 333. CONSIDERATION OF RENEWABLE FUELS.

    (a) In General.--The Secretary of Defense shall consider renewable 
fuels, including domestically produced algae-based, biodiesel, and 
biomass-derived fuels, for testing, certification, and use in aviation, 
maritime, and ground transportation fleets.
    (b) Report.--Not later than February 1, 2010, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the Secretary's consideration 
of renewable fuels that includes each of the following:
            (1) An assessment of the use of renewable fuels, including 
        domestically produced algae-based, biodiesel, and biomass-
        derived fuels, as alternative fuels in aviation, maritime, and 
        ground transportation fleets (including tactical vehicles and 
        applications). Such assessment shall include technical, 
        logistical, and policy considerations.
            (2) An assessment of whether it would be beneficial to 
        establish a renewable fuel commodity class that is distinct 
        from petroleum-based products.

SEC. 334. DEPARTMENT OF DEFENSE GOAL REGARDING PROCUREMENT OF RENEWABLE 
              AVIATION FUELS.

    (a) Subchapter II of chapter 173 of title 10, United States Code, 
is amended by adding at the end the following new section:
``Sec. 2922g. Goal regarding procurement of renewable aviation fuels
    ``It shall be the goal of the Department of Defense--
            ``(1) for fiscal year 2025, and each subsequent fiscal 
        year, to procure from renewable aviation fuel sources not less 
        than 25 percent of the total quantity of aviation fuel consumed 
        by the Department of Defense in the contiguous United States; 
        and
            ``(2) to procure fuels from renewable aviation fuel sources 
        whenever the use of such renewable aviation fuels is consistent 
        with the operational energy strategy required by section 
        139b(d) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2922f the following new item:

``2922g. Goal regarding procurement of renewable aviation fuels.''.

SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

    Section 526 of the Energy Independence and Security Act of 2007 
(Public Law 110-140; 42 U.S.C. 17142) is amended--
            (1) by striking ``No Federal agency'' and inserting ``(a) 
        Requirement.--Except as provided in subsection (b), no Federal 
        agency''; and
            (2) by adding at the end the following:
    ``(b) Exception.--Subsection (a) does not prohibit a Federal agency 
from entering into a contract to purchase a generally available fuel 
that is not an alternative or synthetic fuel or predominantly produced 
from a nonconventional petroleum source, if--
            ``(1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel or fuel 
        from a nonconventional petroleum source;
            ``(2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a nonconventional 
        petroleum source; and
            ``(3) the contract does not provide incentives for a 
        refinery upgrade or expansion to allow a refinery to use or 
        increase its use of fuel from a nonconventional petroleum 
        source.''.

                          Subtitle E--Reports

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

    Section 358 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4427; 10 U.S.C. 
2302 note) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Annual Report.--Not later than 90 days after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2010, and annually thereafter, the Secretary, acting through the 
Executive Agent, shall submit to the congressional defense committees a 
report on the procurement of military working dogs for the fiscal year 
preceding the fiscal year during which the report is submitted. Such a 
report may be combined with the report required under section 2582(f) 
of title 10, United States Code, for the same fiscal year as the fiscal 
year covered by the report under this subsection. Each report under 
this subsection shall include the following for the fiscal year covered 
by the report:
            ``(1) The number of military working dogs procured from 
        domestic breeders by each military department or Defense 
        Agency.
            ``(2) The number of military working dogs procured from 
        non-domestic breeders by each military department or Defense 
        Agency.
            ``(3) The total cost of procuring military working dogs 
        from domestic breeders and the total cost of procuring such 
        dogs from non-domestic breeders.
            ``(4) The total cost of procuring military working dogs for 
        each military department or Defense Agency.''.

                       Subtitle F--Other Matters

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

    (a) In General.--Section 2642(a) of title 10, United States Code, 
is amended by adding at the end the following new paragraph:
            ``(3) During the five-year period beginning on the date of 
        the enactment of the National Defense Authorization Act for 
        Fiscal Year 2010, for military airlift services provided to any 
        element of the Federal Government outside the Department of 
        Defense in circumstances other than those specified in 
        paragraphs (1) and (2), but only if the Secretary of Defense 
        determines that the provision of such services will promote the 
        improved use of airlift capacity without any negative effect on 
        national security objectives or the national security interests 
        contained within the United States commercial air industry.''.
    (b) Annual Report.--Not later than March 1 of each year for which 
the paragraph (3) of section 2642(a) of title 10, United States Code, 
as added by subsection (a), is in effect, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives an annual report describing, in detail, the 
Secretary's use of the authority under that paragraph, including--
            (1) how the authority was used;
            (2) the frequency of use of the authority;
            (3) the Secretary's rationale for the use of the authority; 
        and
            (4) for which agencies the authority was used.

SEC. 352. REQUIREMENTS FOR STANDARD GROUND COMBAT UNIFORM.

    The Secretary of Defense, in consultation with the Director of the 
Defense Logistics Agency, shall standardize the design of future ground 
combat uniforms. The future ground combat uniforms designed pursuant to 
this section shall be designed to--
            (1) increase the interoperability of ground combat forces;
            (2) eliminate any uniqueness that could pose a tactical 
        risk in a theater of operations;
            (3) maximize conformance with personal protective gear and 
        body armor;
            (4) ensure standard coloration and pattern for the uniform;
            (5) be appropriate to the terrain, climate, and conditions 
        in which the forces may be operating;
            (6) minimize production costs; and
            (7) minimize costs to the services for issuing the new 
        standard ground combat uniform.

SEC. 353. RESTRICTION ON USE OF FUNDS FOR COUNTERTHREAT FINANCE 
              EFFORTS.

    (a) Restriction.--Of the amounts authorized to be appropriated by 
this Act for fiscal year 2010, not more than 90 percent may be 
obligated or expended to support personnel and operations for 
Department of Defense counterthreat finance efforts, except for 
activities carried out by Department of Defense personnel and by 
personnel employed pursuant to a contract entered into by the Secretary 
of Defense, until the Secretary of Defense, in consultation with the 
Secretary of State, the Secretary of the Treasury, and the Attorney 
General, submits to the congressional defense committees a report on--
            (1) the nature and extent of the mission of such 
        counterthreat finance efforts;
            (2) the nature and extent of future cost requirements 
        associated with the mission;
            (3) the nature and extent of Department of Defense 
        resources required to support the mission;
            (4) the nature and extent of support, including personnel 
        and funding support, from other departments and agencies 
        required to execute the mission, including Department of 
        Defense force planning and funding initiatives; and
            (5) the nature and extent of both existing and future 
        contractor support necessary to meet the mission requirements 
        of the mission.
    (b) Counterthreat Finance Efforts Defined.--In this section, the 
term ``counterthreat finance efforts'' has the meaning given that term 
pursuant to the Department of Defense memorandum dated December 2, 
2008, and entitled ``Directive-Type Memorandum 08-034-DOD Counterthreat 
Finance Policy'' or any successor memorandum or related guidelines or 
regulations.

SEC. 354. LIMITATION ON OBLIGATION OF FUNDS PENDING SUBMISSION OF 
              CLASSIFIED JUSTIFICATION MATERIAL.

    Of the amounts authorized to be appropriated in this title for 
fiscal year 2010 for the Office of the Secretary of Defense for budget 
activity four, line 270, not more than 90 percent may be obligated 
until 15 days after the information cited in the classified annex 
accompanying this Act relating to the provision of classified 
justification material to Congress is provided to the congressional 
defense committees.

SEC. 355. CONDITION-BASED MAINTENANCE DEMONSTRATION PROGRAMS.

    (a) Tactical Wheeled Vehicles Program.--The Secretary of the Army 
may conduct a 12-month condition-based maintenance demonstration 
program on tactical wheeled vehicles, specifically the high mobility 
multi-purpose wheeled vehicle, the heavy expanded mobility tactical 
truck and the family of medium tactical vehicles.
    (b) Guided Missile Destroyer Program.--The Secretary of the Navy 
may conduct a 12-month demonstration program on at least four systems 
or components of the guided missile destroyer class of surface 
combatant ships.
    (c) Issues to Be Addressed.--The demonstration programs described 
in subsections (a) and (b) shall address--
            (1) the top 10 maintenance issues;
            (2) non-evidence of failures; and
            (3) projected return on investment analysis for a 10-year 
        period.
    (d) Open Architecture.--The demonstration programs' design, system 
integration, and operations shall be conducted with an open 
architecture designed to--
            (1) interface with the extensible markup language industry 
        standard to provide diagnostic and prognostic reasoning for 
        systems, subsystems or components;
            (2) facilitate common software systems, diagnostics tools, 
        reference models, diagnostics reasoners, electronic libraries, 
        and user interfaces for multiple ship and vehicle types; and
            (3) support the Department of Defense's Class V interactive 
        electronic technical manual operations.
    (e) Report.--The Secretary of the Army and the Secretary of the 
Navy shall submit a report to the congressional defense committees, not 
later than October 1, 2010, that assesses whether the respective 
military department could reduce maintenance costs and improve 
operational readiness by implementing condition-based maintenance for 
the current and future tactical wheeled vehicle fleets and Navy surface 
combatants.

SEC. 356. STUDY ON DISTRIBUTION OF HEMOSTATIC AGENTS.

    (a) Study.--Not later than December 31, 2009, the Secretary of 
Defense shall carry out a study and submit to the congressional defense 
committees a report on the distribution of hemostatic agents to members 
of the Armed Forces serving in Iraq and Afghanistan, to ensure each 
military service is complying with that service's policies with respect 
to hemostatic agents, including a description of any distribution 
problems and attempts to resolve such problems.
    (b) Sense of Congress.--It is the sense of Congress that all 
members of the Armed Force deployed in combat zones should carry life-
saving resources with them, including hemostatic agents.

SEC. 357. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

    Section 343 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended--
            (1) in subsection (a), by striking ``2010'' and inserting 
        ``2011''; and
            (2) in subsection (g)(1), by striking ``2010'' and 
        inserting ``2011''.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
                            Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status 
                            technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on 
                            active duty for operational support.
Sec. 416. 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.

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
              LEVELS.

    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following new 
paragraphs:
            ``(1) For the Army, 547,400.
            ``(2) For the Navy, 328,800.
            ``(3) For the Marine Corps, 202,100.
            ``(4) For the Air Force, 331,700.''.

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE DUTY END 
              STRENGTHS FOR FISCAL YEARS 2011 AND 2012.

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

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

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

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

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

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard 
        as of September 30, 2010, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 2,191.
                    (B) For the Air National Guard of the United 
                States, 350.
            (2) Army reserve.--The number of non-dual status 
        technicians employed by the Army Reserve as of September 30, 
        2010, may not exceed 595.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2010, may not exceed 90.
    (b) Non-Dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.
    (c) Conforming Amendment to Statutory Limitation.--Section 
10217(c)(2) of title 10, United States Code, is amended by striking 
``1,950'' and inserting ``2,541''.

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

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

SEC. 416. SUBMISSION OF OPTIONS FOR CREATION OF TRAINEES, TRANSIENTS, 
              HOLDEES, AND STUDENTS ACCOUNT FOR ARMY NATIONAL GUARD.

    (a) Report Required.--Not later than February 1, 2010, the 
Secretary of the Army shall submit to the congressional defense 
committees a report evaluating options, and including a recommendation, 
for the creation of a Trainees, Transients, Holdees, and Students 
Account within the Army National Guard.
    (b) Elements of Report.--At a minimum, the report shall address--
            (1) the timelines, cost, force structure changes, and end 
        strength changes associated with each option;
            (2) the force structure and end strength changes and growth 
        of the Army National Guard needed to support such an account;
            (3) how creation of such an account may affect plans under 
        the Grow the Force initiative; and
            (4) the impact of such an account on readiness and training 
        ratings for Army National Guard forces.
    (c) Sense of Congress Regarding Army National Guard End Strength.--
            (1) Findings.--Congress finds the following:
                    (A) The President's budget for fiscal year 2010 
                included a 2.82 percent increase in end strength for 
                the Army, but only a 1.59 percent end strength increase 
                for the Army National Guard.
                    (B) The disproportionate growth in the end 
                strengths of the reserve components is inconsistent 
                with the emphasis placed by the Department of Defense 
                on responding to asymmetric threats at home and abroad.
            (2) Sense of congress.--In light of such findings, Congress 
        is concerned about unit readiness and the effect of pre-
        deployment cross-leveling on the Army National Guard and it is 
        the sense of Congress that an increase in Army National Guard 
        end strength should be considered in the deliberations of the 
        next quadrennial defense review conducted under section 118 of 
        title 10, United States Code.

              Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel for fiscal year 2010 a total of 
$135,723,781,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2010.

SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILITARY RETIREMENT 
              PAYMENTS.

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

                   TITLE V--MILITARY PERSONNEL POLICY

            Subtitle A--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

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.
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.

            Subtitle A--Military Personnel Policy Generally

SEC. 501. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM NUMBER OF DAYS' 
              LEAVE MEMBERS MAY ACCUMULATE AND CARRYOVER.

    Section 701(d) of title 10, United States Code, is amended by 
striking ``December 31, 2010'' and inserting ``December 31, 2012''.

SEC. 502. RANK REQUIREMENT FOR OFFICER SERVING AS CHIEF OF THE NAVY 
              DENTAL CORPS TO CORRESPOND TO ARMY AND AIR FORCE 
              REQUIREMENTS.

    Section 5138(a) of title 10, United States Code, is amended--
            (1) by striking ``not below the grade of rear admiral 
        (lower half) shall be detailed'' and inserting ``shall be 
        appointed''; and
            (2) by adding at the end the following new sentence: ``An 
        appointee who holds a lower regular grade shall be appointed as 
        Chief of the Dental Corps in the regular grade of rear 
        admiral.''.

SEC. 503. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED MEMBERS OF 
              THE NAVY WHO COMPLETE THE SEAMAN TO ADMIRAL (STA-21) 
              OFFICER CANDIDATE PROGRAM.

    Section 6328 of title 10, United States Code, is amended by adding 
the following new subsection:
    ``(c) Time Spent in Seaman to Admiral Program.--The months of 
active service after January 1, 2011, in pursuit of a baccalaureate-
level degree under the Seaman to Admiral (STA-21) program of the Navy 
for officer candidates selected for the program after January 11, 2010, 
shall be excluded in computing the years of service of an officer who 
was appointed to the grade of ensign in the Navy upon completion of the 
program to determine the eligibility of the officer for voluntary 
retirement. Such active service shall be counted in computing the years 
of active service of the officer for all other purposes.''.

         Subtitle B--Joint Qualified Officers and Requirements

SEC. 511. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT OFFICER 
              MANAGEMENT.

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

                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.

    (a) Medical Examination Required.--
            (1) In general.--Chapter 59 of title 10, United States 
        Code, is amended by inserting after section 1176 the following 
        new section:
``Sec. 1177. Members diagnosed with or asserting post-traumatic stress 
              disorder or traumatic brain injury: medical examination 
              required before separation
    ``(a) Medical Examination Required.--(1) If a member of the armed 
forces who has been deployed overseas in support of a contingency 
operation is diagnosed by a physician, clinical psychologist, or 
psychiatrist as experiencing post-traumatic stress disorder or 
traumatic brain injury or otherwise asserts the influence of such a 
condition, the Secretary concerned may not authorize the involuntarily 
separation of the member or separation of the member under conditions 
other than honorable until after the member receives a medical 
examination to evaluate a diagnosis of post-traumatic stress disorder 
or traumatic brain injury.
    ``(2) In a case involving post-traumatic stress disorder, the 
medical examination shall be performed by a clinical psychologist or 
psychiatrist. In other cases, the examination may be performed by a 
physician, clinical psychologist, psychiatrist, or other health care 
professional, whoever is determined to be most appropriate.
    ``(b) Purpose of Medical Examination.--The medical examination 
required by subsection (a) shall endeavor to assess the degree to which 
the behavior of the member, on which the initial recommendation for an 
involuntarily separation or separation under conditions other than 
honorable is based, has been affected by post-traumatic stress disorder 
or traumatic brain injury.
    ``(c) Secretarial Discretion.--The Secretary concerned shall review 
the medical examination performed under subsection (a) with respect to 
a member, and the findings and conclusions of any physical evaluation 
board conducted with respect the member, to determine the appropriate 
course of action with regard to the separation of the member.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1176 the following new item:

``1177. Members diagnosed with or asserting post-traumatic stress 
                            disorder or traumatic brain injury: 
                            physical evaluation board review before 
                            separation.''.
    (b) Review of Previous Discharges and Dismissals.--Section 1553 of 
such title is amended by adding at the end the following new 
subsection:
    ``(d)(1) In the case of a former member of the armed forces who, 
while a member, was deployed in support of a contingency operation and 
who, at any time after such deployment, was diagnosed by a physician, 
clinical psychologist, or psychiatrist as experiencing post-traumatic 
stress disorder or traumatic brain injury, a board established under 
this section to review the former member's discharge or dismissal shall 
include a member who is a physician, clinical psychologist, or 
psychiatrist.
    ``(2) In the case of a former member described in paragraph (1) or 
a former member whose case involves personal health care issues as 
supporting rationale or as justification for priority consideration, 
the Secretary concerned shall render a final decision within 6 months 
of the receipt of an application to review a discharge or dismissal. 
The Secretary may delay a final decision beyond 6 months if the 
Secretary determines that, due to administrative reasons or to serve 
the best interest of the former member, a final decision cannot be 
rendered within such 6-month period.
    ``(3) When authorized by a former member described in paragraph (1) 
or (2), a Member of Congress shall be advised of the decision of the 
board conducting the review of the former member's discharge or 
dismissal and the rationale used to support the decision.''.

SEC. 522. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION GUIDES AND 
              EDUCATION PROGRAMS IN IMPROVING QUALIFICATIONS OF 
              RECRUITS FOR THE ARMED FORCES.

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

SEC. 523. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE OF RELEASE OR 
              DISCHARGE FROM ACTIVE DUTY (DD FORM 214).

    Section 596 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is amended--
            (1) by inserting ``(a) Election to Forward Certificate to 
        VA Offices.--'' before ``The Secretary of Defense''; and
            (2) by adding at the end the following new subsection:
    ``(b) Inclusion of Email Address.--The Secretary of Defense shall 
further modify the DD Form 214 in order to permit a member of the Armed 
Forces to include an email address on the form.''.

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.

    Section 504 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Persons Associated or Affiliated With Hate Groups.--
            ``(1) Prohibition.--A person associated or affiliated with 
        a group associated with hate-related violence against groups or 
        persons or the United States Government, as determined by the 
        Attorney General, may not be recruited, enlisted, or retained 
        in the armed forces.
            ``(2) Definition of hate group.--In this subsection, the 
        terms `group associated with hate-related violence' or `hate 
        group' mean the following:
                    ``(A) Groups or organizations that espouse or 
                engage in acts of violence against other groups or 
                minorities based on ideals of hate, ethnic supremacies, 
                white supremacies, racism, anti-Semitism, xenophobia, 
                or other bigotry ideologies.
                    ``(B) Groups or organizations engaged in criminal 
                gang activity including drug and weapons trafficking 
                and smuggling.
                    ``(C) Groups or organizations that espouse an 
                intention or expectation of armed revolutionary 
                activity against the United States Government, or the 
                violent overthrow of the United States Government.
                    ``(D) Groups or organizations that espouse an 
                intention or expectation of armed activity in a `race 
                war'.
                    ``(E) Groups or organizations that encourage 
                members to join the armed forces in order to obtain 
                military training to be used for acts of violence 
                against minorities, other groups, or the United States 
                Government.
                    ``(F) Groups or organizations that espouse violence 
                based on race, creed, religion, ethnicity, or sexual 
                orientation.
                    ``(G) Other groups or organizations that are 
                determined by the Attorney General to be of a violent, 
                extremist nature.
            ``(3) Evidence of association or affiliation with hate 
        group.--The following shall constitute evidence that a person 
        is associated or affiliated with a group associated with hate-
        related violence:
                    ``(A) Individuals possessing tattoos or other body 
                markings indicating association or affiliation with a 
                hate group.
                    ``(B) Individuals known to have attended meetings, 
                rallies, conferences, or other activities sponsored by 
                a hate group.
                    ``(C) Individuals known to be involved in online 
                activities with a hate group, including being engaged 
                in online discussion groups or blog or other postings 
                that support, encourage, or affirm the group's 
                extremist or violent views and goals.
                    ``(D) Individuals who are known to have in their 
                possession photographs, written testimonials (including 
                diaries or journals), propaganda, or other materials 
                indicating involvement or affiliation with a hate 
                group. Such materials can include photographs, written 
                materials relating to or referring to extreme hatred 
                that are clearly not of an academic nature, possession 
                of objects that venerate or glorify hate-inspired 
                violence, and related materials, as determined by the 
                Attorney General.
                    ``(E) Individuals espousing the intent to acquire 
                military training for the purpose of using such 
                training towards committing acts of violence of a 
                purpose not affiliated with the armed forces.
            ``(4) Requirements for recruiters and enlistment processing 
        stations.--A military recruiters may not enlist, or assist in 
        enlisting, a person who is associated or affiliated with a 
        group associated with hate-related violence, as evidenced 
        pursuant to paragraph (3). A person at any military enlistment 
        processing station who, during the screening process, is found 
        to be affiliated or associated with a hate group (including 
        through admitting to any such affiliation or association on any 
        form or document) is automatically prohibited from enlisting.
            ``(5) Separation.--
                    ``(A) Separation required.--A person discovered or 
                determined to be associated or affiliated with a group 
                associated with hate-related violence, as evidenced 
                pursuant to paragraph (3), shall be immediately 
                discharged from the armed forces, in the manner 
                prescribed in regulations regarding discharge from 
                service.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to a member of the armed forces who has renounced the 
                member's previous affiliation or association with a 
                group associated with hate-related violence, as 
                determined by the commanding officer of the member.
            ``(6) Reporting requirement.--Not later than April 1, 2010, 
        and annually thereafter, the Secretary concerned shall submit 
        to the Committees on Armed Service of the Senate and House of 
        Representatives a report--
                    ``(A) on the presence in the armed forces of 
                members who are associated or affiliated with a group 
                associated with hate-related violence and describing 
                the actions of the Secretary to discharge such members; 
                and
                    ``(B) describing the actions of the Secretary to 
                prevent persons who are associated or affiliated with a 
                hate group from enlisting.''.

SEC. 525. SECURE ELECTRONIC DELIVERY OF CERTIFICATE OF RELEASE OR 
              DISCHARGE FROM ACTIVE DUTY (DD FORM 214).

    Section 596 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note), as amended by 
section 523, is further amended by adding at the end the following new 
subsection:
    ``(c) Secure Method of Electronic Delivery.--
            ``(1) Development and implementation.--The Secretary of 
        Veterans Affairs, in consultation with the Secretary of 
        Defense, shall develop and implement a secure electronic method 
        of forwarding the DD Form 214 to the appropriate office 
        specified in subsection (a)(2). The Secretary of Veterans 
        Affairs shall ensure that the method permits such offices to 
        access the forms electronically using current computer 
        operating systems.
            ``(2) Authority to cease delivery.--In developing the 
        secure electronic method of forwarding DD Forms 214, the 
        Secretary of Veterans Affairs shall ensure that the information 
        provided is not disclosed or used for unauthorized purposes and 
        may cease forwarding the forms electronically to an office 
        specified in subsection (a)(2) if demonstrated problems 
        arise.''.

                   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.

    Section 2107a(h) of title 10, United States Code, is amended--
            (1) by striking ``17 cadets'' and inserting ``22 cadets'';
            (2) by striking ``17 members'' and inserting ``22 
        members''; and
            (3) by striking ``17 such members'' and inserting ``22 such 
        members''.

SEC. 532. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS AUTHORIZED FOR 
              ADMISSION TO NATIONAL DEFENSE UNIVERSITY.

    Section 2167(a) of title 10, United States Code, is amended by 
striking ``10 full-time student positions'' and inserting ``20 full-
time student positions''.

SEC. 533. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM NOMINATIONS 
              MADE BY DELEGATE FROM THE COMMONWEALTH OF THE NORTHERN 
              MARIANA ISLANDS.

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

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.

    (a) Pilot Program Required.--The Secretary of Defense shall carry 
out a pilot program to establish at least three Language Training 
Centers at accredited universities, senior military colleges, or other 
similar institutions of higher education to create the foundational 
critical and strategic language and regional area expertise, as defined 
by the Secretary of Defense, for members of the Armed Forces, including 
reserve component members and Reserve Officers' Training Corps 
candidates, and civilian employees of the Department of Defense.
    (b) Duration.--
            (1) Termination date.--The Language Training Centers under 
        the pilot program shall be established not later than October 
        1, 2010, and the authority to support the Language Training 
        Centers under the pilot program shall terminate on September 
        30, 2015.
            (2) Effect on participants.--Students participating in the 
        pilot program before the termination date specified in 
        paragraph (1) may be allowed to complete their studies under 
        the program after that date.
    (c) Pilot Program Requirements.--At a minimum, the Language 
Training Centers shall--
            (1) develop a program to graduate members of the Armed 
        Forces and civilian employees of the Department who are skilled 
        in critical and strategic languages from beginning through 
        advanced skill levels;
            (2) develop language proficiency training programs in 
        designated critical and strategic languages tailored to meet 
        operational readiness requirements;
            (3) develop alternative training delivery systems and 
        modalities to meet language and regional area requirements, 
        prior to deployment, during deployment, and post-deployment;
            (4) develop critical and strategic language programs that 
        can be incorporated into Reserve Officers' Training Corps units 
        to develop language skills among future military officers;
            (5) develop training and education programs that would 
        expand the pool of qualified instructors and educators for the 
        Armed Forces; and
            (6) develop a program to encourage native and heritage 
        speakers of critical and strategic languages for recruitment 
        into the Department of Defense or support the Civilian Linguist 
        Reserve Corps.
    (d) Program Expansion.--The Language Training Centers may partner 
with elementary and secondary educational institutions to help develop 
critical and strategic language skills in students who may pursue a 
military career.
    (e) Program Coordination.--The Secretary of Defense shall ensure 
that the Language Training Centers build upon and take advantage of the 
experience and leadership of the National Security Education Program 
and the Defense Language Institute.
    (f) Evaluation.--The Secretary of Defense shall evaluate each 
Language Training Center in order to assess the cost and the 
effectiveness of the pilot program, including the following:
            (1) The success of the Language Training Center in 
        providing critical and strategic language capabilities to 
        members and Department of Defense employees.
            (2) The ability of the Language Training Center to create 
        foundational critical and strategic language and regional area 
        expertise in support of the Defense Language Transformation 
        Roadmap;
    (g) Report to Congress.--Not later than December 31, 2015, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the pilot program. The report shall include the 
following:
            (1) A description of each Language Training Center.
            (2) An assessment of the effectiveness and the cost of the 
        pilot program taken to create the foundational critical and 
        strategic language and regional area expertise in support of 
        the Defense Language Transformation Roadmap.
            (3) The success of each Language Training Center to provide 
        critical and strategic language capabilities to members and 
        Department of Defense employees.
            (4) Recommendations as to whether the pilot programs should 
        be continued, and any modifications that may be necessary to 
        continue the program.

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.

    (a) Additional Element Within Scholarship Program.--Section 2121(a) 
of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``in the various health professions'' and 
        inserting ``(A) in the various health professions or (B) as a 
        health professional with specific skills to assist in providing 
        mental health care to members of the armed forces''; and
            (3) by adding at the end the following new paragraph:
    ``(2) Under the program of a military department, the Secretary of 
that military department shall allocate a portion of the total number 
of scholarships to members of the program described in paragraph (1)(B) 
for the purpose of assisting such members to pursue a degree at the 
masters and doctoral level in any of the following disciplines:
            ``(A) Social work.
            ``(B) Clinical psychology.
            ``(C) Psychiatry.
            ``(D) Other disciplines that contribute to mental health 
        care programs in that military department.''.
    (b) Authorized Number of Members of the Program.--Section 2124 of 
such title is amended--
            (1) by striking ``The number'' and inserting ``(a) 
        Authorized Number of Members of the Program.--The number'';
            (2) by striking ``6,000'' and inserting ``6,300''; and
            (3) by adding at the end the following new subsection:
    ``(b) Mental Health Professionals.--Of the number of persons 
designated as members of the program at any time, 300 may be members of 
the program described in section 2121(a)(1)(B) of this title.''.
    (c) Funding Source.--Of the amounts authorized to be appropriated 
to the Department of Defense for military personnel accounts for fiscal 
year 2010, not more than $20,000,000 shall be available to cover the 
additional costs incurred to implement the amendments made by this 
section.

SEC. 536. ESTABLISHMENT OF JUNIOR RESERVE OFFICER'S TRAINING CORPS 
              UNITS FOR STUDENTS IN GRADES ABOVE SIXTH GRADE.

    Section 2031 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g)(1) In addition to units of the Junior Reserve Officers' 
Training Corps established at public and private secondary educational 
institutions under subsection (a), the Secretary of each military 
department may carry out a pilot program to establish and support units 
at public and private educational institutions that are not secondary 
educational institutions to permit the enrollment of students in the 
Corps who, notwithstanding the limitation in subsection (b)(1), are in 
a grade above the sixth grade.
    ``(2) A unit of the Junior Reserve Officers' Training Corps 
established and supported under the pilot program must meet the 
requirements of this section, except--
            ``(A) as provided in paragraph (1) with respect to the 
        grades in which students are enrolled; and
            ``(B) that the Secretary of the military department 
        concerned may authorize a course of military instruction of not 
        less than two academic years' duration, notwithstanding 
        subsection (b)(3).
    ``(3) The Secretary of the military department concerned shall 
conduct a review of the pilot program. The review shall include an 
evaluation of what impacts, if any, the pilot program may have on the 
operation of the Junior Reserve Officers' Training Corps in secondary 
educational institutions.''.

SEC. 537. AIR FORCE ACADEMY ATHLETIC ASSOCIATION.

    (a) In General.--Chapter 903 of title 10, United States Code, is 
amended by inserting after section 9359 the following new section:
``Sec. 9359a. Air Force Academy Athletic Association: authorization, 
              purpose, and governance
    ``(a) Establishment Authorized.--The Secretary of the Air Force may 
establish a nonprofit corporation, to be known as the `Air Force 
Academy Athletic Association', to support the athletic program of the 
Air Force Academy.
    ``(b) Organization and Duties.--(1) The Air Force Academy Athletic 
Association (in this section referred to as the `Association') shall be 
organized and operated as a nonprofit corporation under section 
501(c)(3) of the Internal Revenue Code of 1986 and under the powers and 
authorities set forth in this section and the provisions of the laws of 
the State of incorporation. The Association shall operate on a 
nonpartisan basis exclusively for charitable, educational, and civic 
purposes consistent with the authorities referred to in this subsection 
to support the athletic program of the Academy.
    ``(2) Subject to the approval of the Secretary of the Air Force, 
the Association may--
            ``(A) operate and manage athletic and revenue generating 
        facilities on Academy property;
            ``(B) use Government facilities, utilities, and services on 
        the Academy, without charge, in support of its mission;
            ``(C) sell products to the general public on or off 
        Government property;
            ``(D) charge market-based fees for admission to Association 
        events and other athletic or athletic-related events at the 
        Academy and for use of Academy athletic facilities and 
        property; and
            ``(E) engage in other activities, consistent with the 
        Academy athletic mission as determined by the Board of 
        Directors.
    ``(c) Board of Directors.--(1) The Association shall be governed by 
a Board of Directors made up of at least nine members. The members, 
other than the member referred to in paragraph (2), shall serve without 
compensation, except for reasonable travel and other related expenses 
for attendance at required meetings.
    ``(2) The Director of Athletics at the Academy shall be a standing 
member of the Board as part of the Director's duties as the Director of 
Athletics.
    ``(3) Subject to the prior approval of all nominees for appointment 
by the Secretary of the Air Force, the Superintendent shall appoint the 
remaining members of the Board.
    ``(4) The Secretary of the Air Force shall select one of the 
members of the Board appointed under paragraph (3) to serve as 
chairperson of the Board.
    ``(d) Bylaws.--Not later than July 1, 2010, the Association shall 
propose its by-laws. The Association shall submit the by-laws, and all 
future changes to the by-laws, to the Secretary of the Air Force for 
review and approval. The by-laws shall be made available to Congress 
for review.
    ``(e) Transition From Nonappropriated Fund Operation.--(1) Until 
September 30, 2011, the Secretary of the Air Force may provide for 
parallel operations of the Association and the Air Force 
nonappropriated fund instrumentality whose functions include providing 
support for the athletic program of the Academy. Not later than that 
date, the Secretary shall dissolve the nonappropriated fund 
instrumentality and transfer its assets and liabilities to the 
Association.
    ``(2) The Secretary may transfer title and ownership to all the 
assets and liabilities of the nonappropriated fund instrumentality 
referred to in paragraph (1), including bank accounts and financial 
reserves in its accounts, equipment, supplies, and other personal 
property without cost or obligation to the Association.
    ``(f) Contracting Authorities.--(1) The Superintendent may procure, 
at fair and reasonable prices, such athletic goods, services, human 
resources, and other support from the Association as the Superintendent 
considers appropriate to support the athletic program of the Academy. 
The Association shall be exempt from the requirements of section 2533a 
of this title and the Buy American Act (41 U.S.C. 10a et seq.).
    ``(2) The Superintendent may accept from the Association funds, 
goods, and services for use by cadets and Academy personnel during 
participation in, or in support of, Academy or Association contests, 
events, and programs.
    ``(g) Use of Air Force Personnel.--Air Force personnel may 
participate in--
            ``(1) the management, operation, and oversight of the 
        Association;
            ``(2) events and athletic contests sponsored by the 
        Association; and
            ``(3) management and sport committees for the National 
        Collegiate Athletic Association and other athletic conferences 
        and associations.
    ``(h) Funding Authority.--The authorization of appropriations for 
the operation and maintenance of the Academy includes Association 
operations in support of the Academy athletic program, as approved by 
the Secretary of the Air Force.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
9359 the following new item:

``9359a. Air Force Academy Athletic Association: authorization, 
                            purpose, and governance.''.

               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.

    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated for 
fiscal year 2010 pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $50,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3271; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--Of the amount 
authorized to be appropriated for fiscal year 2010 pursuant to section 
301(5) for operation and maintenance for Defense-wide activities, 
$15,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (b) of such 
section 572.
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7713(9)).

SEC. 552. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS FOR LOCAL 
              EDUCATIONAL AGENCIES FOR RECEIPT OF BASIC SUPPORT 
              PAYMENTS UNDER IMPACT AID.

    Section 8003(a)(2)(C)(i) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended by striking 
``6,500'' and inserting ``5,000''.

SEC. 553. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE DEPENDENTS' 
              EDUCATION SYSTEM OF DEPENDENTS OF FOREIGN MILITARY 
              MEMBERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED POWERS, 
              EUROPE.

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

                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.

    (a) Imposition of Additional Requirements.--Section 1509 of title 
10, United States Code, is amended to read as follows:
``Sec. 1509. Program to resolve preenactment missing person cases
    ``(a) Program Required; Covered Conflicts.--The Secretary of 
Defense shall implement a comprehensive, coordinated, integrated, and 
fully resourced program to account for persons described in 
subparagraph (A) or (B) of section 1513(1) of this title who are 
unaccounted for from the following conflicts:
            ``(1) World War II during the period beginning on December 
        7, 1941, and ending on December 31, 1946, including members of 
        the Armed Forces who were lost during flight operations in the 
        Pacific theater of operations covered by section 576 of the 
        National Defense Authorization Act for Fiscal Year 2000 (Public 
        Law 106-65; 113 Stat. 624; 10 U.S.C. 1501 note).
            ``(2) The Cold War during the period beginning on September 
        2, 1945, and ending on August 21, 1991.
            ``(3) The Korean War during the period beginning on June 
        27, 1950, and ending on January 31, 1955.
            ``(4) The Indochina War era during the period beginning on 
        July 8, 1959, and ending on May 15, 1975.
            ``(5) The Persian Gulf War during the period beginning on 
        August 2, 1990, and ending on February 28, 1991.
            ``(6) Such other conflicts in which members of the armed 
        forces served as the Secretary of Defense may designate.
    ``(b) Implementation Process.--(1) The Secretary of Defense shall 
implement the program within the Department of Defense POW/MIA 
accounting community.
    ``(2) For purposes of paragraph (1), the term `POW/MIA accounting 
community' means--
            ``(A) The Defense Prisoner of War/Missing Personnel Office 
        (DPMO).
            ``(B) The Joint POW/MIA Accounting Command (JPAC).
            ``(C) The Armed Forces DNA Identification Laboratory 
        (AFDIL).
            ``(D) The Life Sciences Equipment Laboratory of the Air 
        Force (LSEL).
            ``(E) The casualty and mortuary affairs offices of the 
        military departments.
            ``(F) Any other element of the Department of Defense the 
        mission of which (as designated by the Secretary of Defense) 
        involves the accounting for and recovery of members of the 
        armed forces who are missing in action or prisoners of war or 
        who are unaccounted for, such as the Stony Beach Program.
    ``(c) Treatment as Missing Persons.--Each unaccounted for person 
covered by subsection (a) shall be considered to be a missing person 
for purposes of the applicability of other provisions of this chapter 
to the person.
    ``(d) Establishment of Personnel Files.--(1) The Secretary of 
Defense shall ensure that a personnel file is established and 
maintained for each person covered by subsection (a) if the Secretary--
            ``(A) possesses any information relevant to the status of 
        the person; or
            ``(B) receives any new information regarding the missing 
        person as provided in subsection (d).
    ``(2) The Secretary of Defense shall ensure that each file 
established under this subsection contains all relevant information 
pertaining to a person covered by subsection (a) and is readily 
accessible to all elements of the department, the combatant commands, 
and the armed forces involved in the effort to account for the person.
    ``(3) Each file established under this subsection shall be handled 
in accordance with, and subject to the provisions of, section 1506 of 
this title in the same manner as applies to the file of a missing 
person otherwise subject to such section.
    ``(e) Review of Status Requirements.--(1) If new information (as 
described in paragraph (3)) is found or received that may be related to 
one or more unaccounted for persons covered by subsection (a), whether 
or not such information specifically relates (or may specifically 
relate) to any particular such unaccounted for person, that information 
shall be provided to the Secretary of Defense.
    ``(2) Upon receipt of new information under paragraph (1), the 
Secretary shall ensure that--
            ``(A) the information is treated under paragraph (2) of 
        subsection (c) of section 1505 of this title, relating to 
        addition of the information to the personnel file of a person 
        and notification requirements, in the same manner as 
        information received under paragraph (1) under such subsection; 
        and
            ``(B) the information is treated under paragraph (3) of 
        subsection (c) and subsection (d) of such section, relating to 
        a board review under such section, in the same manner as 
        information received under paragraph (1) of such subsection 
        (c).
    ``(3) For purposes of this subsection, new information is 
information that is credible and that--
            ``(A) is found or received after November 18, 1997, by a 
        United States intelligence agency, by a Department of Defense 
        agency, or by a person specified in section 1504(g) of this 
        title; or
            ``(B) is identified after November 18, 1997, in records of 
        the United States as information that could be relevant to the 
        case of one or more unaccounted for persons covered by 
        subsection (a).
    ``(f) Coordination Requirements.--(1) In establishing and carrying 
out the program, the Secretary of Defense shall coordinate with the 
Secretaries of the military departments, the Chairman of the Joint 
Chiefs of Staff, and the combatant commanders.
    ``(2) In carrying out the program, the Secretary of Defense shall 
establish close coordination with the Department of State, the Central 
Intelligence Agency, and the National Security Council to enhance the 
ability of the Department of Defense POW/MIA accounting community to 
account for persons covered by subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 76 of such title is amended by striking the item relating to 
section 1509 and inserting the following new section:

``1509. Program to resolve preenactment missing person cases.''.
    (c) Conforming Amendment.--Section 1513(1) of such title is amended 
in the matter after subparagraph (B) by striking ``section 1509(b) of 
this title who is required by section 1509(a)(1) of this title'' and 
inserting ``subsection (a) of section 1509 of this title who is 
required by subsection (b) of such section''.
    (d) Implementation.--
            (1) Priority.--A priority of the program required by 
        section 1509 of title 10, United States Code, as amended by 
        subsection (a), to resolve missing person cases arising before 
        the enactment of chapter 76 of such title by section 569 of the 
        National Defense Authorization Act for Fiscal Year 1996 (Public 
        Law 104-106; 110 Stat. 336) shall be the return of missing 
        persons to United States control alive.
            (2) Accounting for goal.--In implementing the program, the 
        Secretary of Defense, in coordination with the officials 
        specified in subsection (f)(1) of section 1509 of title 10, 
        United States Code, shall take such measures as the Secretary 
        considers appropriate to increase significantly the capability 
        and capacity of the Department of Defense, the Armed Forces, 
        and combatant commanders to account for missing persons, as 
        defined by section 1513(3)(B) of such title. Such measures 
        shall include fully funding, manning, and resourcing the 
        Department of Defense-wide effort to ensure that, at a 
        minimum--
                    (A) 200 missing persons are accounted for under the 
                program annually beginning with fiscal year 2015; and
                    (B) 350 missing persons are accounted for under the 
                program annually beginning with fiscal year 2020.

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.

    (a) Prompt Return.--The remains of a deceased member of the Armed 
Forces shall be recovered from the theater of combat operations and 
returned to the United States via the Dover Port Mortuary without delay 
unless very specific extenuating circumstances presented by the person 
designated pursuant to section 1482(c) of title 10, United States Code, 
to direct disposition of the remains of the decedent (in this section 
referred to as the ``primary next of kin'') dictate otherwise and can 
reasonably be accommodated by the Department.
    (b) Media Access.--
            (1) Decision of primary next of kin.--The primary next of 
        kin of a deceased member of the Armed Forces shall make the 
        family decision regarding media access at ceremonies for the 
        dignified transfer of the remains of the decedent at Dover Air 
        Force Base. The option to allow media access shall be briefed 
        to the primary next of kin at the time of initial notification 
        or as soon as practicable thereafter. Media access to dignified 
        transfers shall only be permitted with the approval of the 
        primary next of kin. Media contact, filming or recording of 
        family members shall be permitted only if specifically 
        requested by the primary next of kin.
            (2) Relation to current dod casualty information policy.--
        Media access approved by the primary next of kin shall waive 
        the Department of Defense policy on 24-hour delay in release of 
        casualty information to the media and general public for that 
        specific case.
            (3) Member preference.--The Secretary of Defense shall 
        develop a long-term plan to obtain the preference of members of 
        the Armed Forces regarding media access at ceremonies for the 
        dignified transfer of the remains of the member if they ever 
        become a casualty.
    (c) Travel and Transportation Allowance.--The Secretary of a 
military department shall provide the primary next of kin and two 
additional family members of a deceased member of the Armed Forces with 
travel to, and from, Dover Air Force Base via Invitational Travel 
Authorizations to attend the dignified transfer ceremony. The Secretary 
may include additional family members on a case-by-case basis. At the 
discretion of the Secretary, and at the request of the primary next of 
kin, the service casualty assistance officer or family liaison officer 
may escort and accompany the primary next of kin to the dignified 
transfer ceremony.
    (d) Effective Date.--This section shall take effect 1 year after 
the date of the enactment of this Act.

SEC. 563. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO DESIGNATE 
              PERSONS TO DIRECT DISPOSITION OF THE REMAINS OF A 
              DECEASED MEMBER.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to Congress a report 
evaluating the potential effects of expanding the list of persons under 
section 1482(c) of title 10, United States Code, who may be designated 
by a member of the Armed Forces as the person authorized to direct 
disposition of the remains of the member if the member is deceased.

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.

    (a) Findings.--Congress makes the following findings:
            (1) On November 20, 1943, units of the United States Marine 
        Corps, supported by units of the United States Army and 
        warships and aircraft of the United States Navy, conducted an 
        amphibious landing on the Island of Betio, Tarawa Atoll, in the 
        Gilbert Islands in the Pacific Ocean.
            (2) The United States military forces faced an entrenched 
        force of 5,000 Japanese soldiers.
            (3) The Tarawa landing was the first American amphibious 
        assault on a fortified beachhead in World War II.
            (4) Just 76 hours later, the American flag was raised at 
        Tarawa.
            (5) More than 1,100 Marines and other members of the Armed 
        Forces were killed during the battle.
            (6) Most of the Marines, soldiers, and sailors who were 
        killed during the battle were buried in hastily dug graves and 
        cemeteries on Tarawa.
            (7) Between 1943 and 1946, the remains of some of the 
        Marines and other members of the Armed Forces were disinterred 
        and reinterred in temporary graves by the Navy.
            (8) After World War II, the remains of some of these 
        Marines and other members of the Armed Forces were recovered 
        and returned to the United States for burial.
            (9) Due to mistakes in reinterment, poor records, as well 
        as other causes, the remains of 564 Marines and other members 
        of the Armed Forces killed in the battle of Tarawa are in 
        unmarked, unknown graves.
            (10) Since 1980, the Department of Defense has recovered 
        remains from some unmarked graves that have been found through 
        construction or other activity on Tarawa.
            (11) The remains of members of the Armed Forces on Tarawa 
        continue to be threatened by construction or other land 
        disturbing activity.
            (12) Recent research has shed new light on the locations of 
        unmarked and lost graves of members of the Armed Forces on 
        Tarawa.
            (13) It is the responsibility of the Federal Government to 
        return to the United States for proper burial and respect all 
        members of the Armed Forces killed at Tarawa who lie in 
        unmarked and lost graves.
    (b) Sense of Congress.--In light of these findings, Congress--
            (1) reaffirms its support for the recovery and return to 
        the United States of the remains of members of the Armed Forces 
        killed in battle, and for the efforts by the Joint POW-MIA 
        Accounting Command to recover the remains of members of the 
        Armed Forces from all wars;
            (2) recognizes the courage and sacrifice of the members of 
        the Armed Forces who fought on Tarawa;
            (3) acknowledges the dedicated research and efforts by 
        persons to identify, locate, and advocate for the recovery of 
        remains from Tarawa; and
            (4) encourages the Department of Defense to review this 
        research and, as appropriate, pursue new efforts to conduct 
        field studies, new research, and undertake all feasible efforts 
        to recover, identify, and return remains of members of the 
        Armed Forces from Tarawa.

                   Subtitle G--Decorations and Awards

SEC. 571. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO PARTICIPATED 
              IN MAYAGUEZ RESCUE OPERATION.

    (a) In General.--The Secretary of the military department concerned 
shall, upon the application of an individual who is an eligible 
veteran, award that individual the Vietnam Service Medal, 
notwithstanding any otherwise applicable requirements for the award of 
that medal. Any such award shall be made in lieu of any Armed Forces 
Expeditionary Medal awarded the individual for the individual's 
participation in the Mayaguez rescue operation.
    (b) Eligible Veteran.--For purposes of this section, the term 
``eligible veteran'' means a member or former member of the Armed 
Forces who was awarded the Armed Forces Expeditionary Medal for 
participation in military operations known as the Mayaguez rescue 
operation of May 12-15, 1975.

SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO 
              ANTHONY T. KOHO'OHANOHANO FOR ACTS OF VALOR DURING THE 
              KOREAN WAR.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons 
who served in the Armed Forces, the President is authorized and 
requested to award the Medal of Honor under section 3741 of such title 
to former Private First Class Anthony T. Koho'ohanohano for the acts of 
valor during the Korean War described in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of then Private First Class Anthony T. 
Koho'ohanohano of Company H of the 17th Infantry Regiment of the 7th 
Infantry Division on September 1, 1951, during the Korean War for which 
he was originally awarded the distinguished-service cross.

SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE 
              CROSS TO JACK T. STEWART FOR ACTS OF VALOR DURING THE 
              VIETNAM WAR.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons 
who served in the Armed Forces, the Secretary of the Army is authorized 
and requested to award the distinguished-service cross under section 
3742 of such title to former Captain Jack T. Stewart of the United 
States Army for the acts of valor during the Vietnam War described in 
subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of Captain Jack T. Stewart as commander 
of a two-platoon Special Forces Mike Force element in combat with two 
battalions of the North Vietnamese Army on March 24, 1967, during the 
Vietnam War.

SEC. 574. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE 
              CROSS TO WILLIAM T. MILES, JR., FOR ACTS OF VALOR DURING 
              THE KOREAN WAR.

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

SEC. 575. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

    (a) Authority To Award.--The Secretary of the Army may award the 
Army Combat Action Badge (established by order of the Secretary of the 
Army through Headquarters, Department of the Army Letter 600-05-1, 
dated June 3, 2005) to a person who, while a member of the Army, 
participated in combat during which the person personally engaged, or 
was personally engaged by, the enemy at any time during the period 
beginning on December 7, 1941, and ending on September 18, 2001 (the 
date of the otherwise applicable limitation on retroactivity for the 
award of such decoration), if the Secretary determines that the person 
has not been previously recognized in an appropriate manner for such 
participation.
    (b) Procurement of Badge.--The Secretary of the Army may make 
arrangements with suppliers of the Army Combat Action Badge so that 
eligible recipients of the Army Combat Action Badge pursuant to 
subsection (a) may procure the badge directly from suppliers, thereby 
eliminating or at least substantially reducing administrative costs for 
the Army to carry out this section.

SEC. 576. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.

    (a) Army.--
            (1) In general.--Chapter 357 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3757. Combat Medevac Badge
    ``(a) Issuance.--The Secretary of the Army shall issue a badge of 
appropriate design, to be known as the Combat Medevac Badge, to each 
person who while a member of the Army served in combat on or after June 
25, 1950, as a pilot or crew member of a helicopter medical evacuation 
ambulance and who meets the requirements for the award of that badge.
    ``(b) Eligibility Requirements.--The Secretary of the Army shall 
prescribe requirements for eligibility for the Combat Medevac Badge.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``3757. Combat Medevac Badge''.
    (b) Navy and Marine Corps.--
            (1) In general.--Chapter 567 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 6259. Combat Medevac Badge
    ``(a) Issuance.--The Secretary of the Navy shall issue a badge of 
appropriate design, to be known as the Combat Medevac Badge, to each 
person who while a member of the Navy or Marine Corps served in combat 
on or after June 25, 1950, as a pilot or crew member of a helicopter 
medical evacuation ambulance and who meets the requirements for the 
award of that badge.
    ``(b) Eligibility Requirements.--The Secretary of the Navy shall 
prescribe requirements for eligibility for the Combat Medevac Badge.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``6259. Combat Medevac Badge''.
    (c) Air Force.--
            (1) In general.--Chapter 857 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 8757. Combat Medevac Badge
    ``(a) Issuance.--The Secretary of the Air Force shall issue a badge 
of appropriate design, to be known as the Combat Medevac Badge, to each 
person who while a member of the Air Force served in combat on or after 
June 25, 1950, as a pilot or crew member of a helicopter medical 
evacuation ambulance and who meets the requirements for the award of 
that badge.
    ``(b) Eligibility Requirements.--The Secretary of the Air Force 
shall prescribe requirements for eligibility for the Combat Medevac 
Badge.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``8757. Combat Medevac Badge''.
    (d) Award for Service Before Date of Enactment.--In the case of 
persons who, while a member of the Armed Forces, served in combat as a 
pilot or crew member of a helicopter medical evacuation ambulance 
during the period beginning on June 25, 1950, and ending on the date of 
enactment of this Act, the Secretary of the military department 
concerned shall issue the Combat Medevac Badge--
            (1) to each such person who is known to the Secretary 
        before the date of enactment of this Act; and
            (2) to each such person with respect to whom an application 
        for the issuance of the badge is made to the Secretary after 
        such date in such manner, and within such time period, as the 
        Secretary may require.

                     Subtitle H--Military Families

SEC. 581. PILOT PROGRAM TO SECURE INTERNSHIPS FOR MILITARY SPOUSES WITH 
              FEDERAL AGENCIES.

    (a) Cost-reimbursement Agreements With Federal Agencies.--The 
Secretary of Defense may enter into an agreement with the head of an 
executive department or agency that has an established internship 
program to reimburse the department or agency for authorized costs 
associated with the first year of employment of an eligible military 
spouse who is selected to participate in the internship program of the 
department or agency.
    (b) Eligible Military Spouses.--
            (1) Eligibility.--Except as provided in paragraph (2), any 
        person who is married to a member of the Armed Forces on active 
        duty is eligible for selection to participate in an internship 
        program under a reimbursement agreement entered into under 
        subsection (a).
            (2) Exclusions.--Reimbursement may not be provided with 
        respect to the following persons:
                    (A) A person who is legally separated from a member 
                of the Armed Forces under court order or statute of any 
                State, the District of Columbia, or possession of the 
                United States when the person begins the internship.
                    (B) A person who is also a member of the Armed 
                Forces on active duty.
                    (C) A person who is a retired member of the Armed 
                Forces.
    (c) Funding Source.--Amounts authorized to be appropriated for 
operation and maintenance, for Defense-wide activities, shall be 
available to carry out this section.
    (d) Definitions.--In this section:
            (1) The term ``authorized costs'' includes the costs of the 
        salary, benefits and allowances, and training for an eligible 
        military spouse during the first year of the participation of 
        the military spouse in an internship program pursuant to an 
        agreement under subsection (a).
            (2) The term ``internship'' means a professional, 
        analytical, or administrative position in the Federal 
        Government that operates under a developmental program leading 
        to career advancement.
    (e) Termination of Agreement Authority.--No agreement may be 
entered into under subsection (a) after September 30, 2011. Authorized 
costs incurred after that date may be reimbursed under an agreement 
entered into before that date in the case of eligible military spouses 
who begin their internship by that date.
    (f) Reporting Requirement.--Not later than January 1, 2012, the 
Secretary of Defense shall submit to the congressional defense 
committees a report that provides information on how many eligible 
military spouses received internships pursuant to agreements entered 
into under subsection (a) and the types of internship positions they 
occupied. The report shall specify the number of interns who 
subsequently obtained permanent employment with the department or 
agency administering the internship program or with another department 
or agency. The Secretary shall include a recommendation regarding 
whether, given the investment of Department of Defense funds, the 
authority to enter into agreements should be extended, modified, or 
terminated.

SEC. 582. REPORT ON PROGRESS MADE IN IMPLEMENTING RECOMMENDATIONS TO 
              REDUCE DOMESTIC VIOLENCE IN MILITARY FAMILIES.

    (a) Assessment.--The Comptroller General shall review and assess 
the progress made by the Department of Defense in implementing the 
recommendations contained in the report by the Comptroller General 
entitled ``Military Personnel: Progress Made in Implementing 
Recommendations to reduce Domestic Violence, but Further Management 
Action Needed'' (GAO-06-540).
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report containing the results of the 
review and assessment under subsection (a).

SEC. 583. MODIFICATION OF SERVICEMEMBERS CIVIL RELIEF ACT REGARDING 
              TERMINATION OR SUSPENSION OF SERVICE CONTRACTS AND EFFECT 
              OF VIOLATION OF INTEREST RATE LIMITATION.

    (a) Termination or Suspension of Service Contracts.--Section 305A 
of the Servicemembers Civil Relief Act (50 U.S.C. App. 535a) is amended 
to read as follows:

``SEC. 305A. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS.

    ``(a) Termination or Suspension by Servicemember.--A servicemember 
who is party to or enters into a contract described in subsection (c) 
may terminate or suspend, at the servicemember's option, the contract 
at any time after the date of the servicemember's military orders, as 
described in subsection (c).
    ``(b) Special Rules.--
            ``(1) A suspension under subsection (a) of a contract by a 
        servicemember shall continue for the length of the 
        servicemember's deployment pursuant to the servicemember's 
        military orders.
            ``(2) A service provider under a contract suspended or 
        terminated under subsection (a) by a servicemember may not 
        impose a suspension fee or early termination fee in connection 
        with the suspension or termination of the contract, other than 
        a nominal fee for the suspension; except that the service 
        provider may impose a reasonable fee for any equipment 
        remaining on the premises of the servicemember during the 
        period of the suspension. The servicemember may defer, without 
        penalty, payment of such a nominal fee or reasonable fee for 
        the length of the servicemember's deployment pursuant to the 
        servicemember's military orders.
            ``(3) In any case in which the contract being suspended 
        under subsection (a) is for cellular telephone service or 
        telephone exchange service, the servicemember, after the date 
        on which the suspension of the contract ends, may keep, to the 
        extent practicable and in accordance with all applicable laws 
        and regulations, the same telephone number the servicemember 
        had before the servicemember suspended the contract.
    ``(c) Covered Contracts.--This section applies to a contract for 
cellular telephone service (including a contract to which the 
servicemember is included with family members), telephone exchange 
service, multichannel video programming service, Internet access 
service, water, electricity, oil, gas, or other utility if the 
servicemember enters into the contract and thereafter receives military 
orders--
            ``(1) to deploy with a military unit, or as an individual, 
        in support of a contingency operation for a period of not less 
        than 90 days; or
            ``(2) for a change of permanent station to a location that 
        does not support the contract.
    ``(d) Manner of Termination or Suspension.--
            ``(1) In general.--Termination or suspension of a contract 
        under subsection (a) is made by delivery by the servicemember 
        of written notice of such termination or suspension and a copy 
        of the servicemember's military orders to the other party to 
        the contract (or to that party's grantee or agent).
            ``(2) Nature of notice.--Delivery of notice under paragraph 
        (1) may be accomplished--
                    ``(A) by hand delivery;
                    ``(B) by private business carrier;
                    ``(C) by facsimile; or
                    ``(D) by placing the written notice and a copy of 
                the servicemember's military orders in an envelope with 
                sufficient postage and with return receipt requested, 
                and addressed as designated by the party to be notified 
                (or that party's grantee or agent), and depositing the 
                envelope in the United States mails.
    ``(e) Date of Contract Termination or Suspension.--Termination or 
suspension of a service contract under subsection (a) is effective as 
of the date on which the notice under subsection (d) is delivered.
    ``(f) Other Obligations and Liabilities.--The service provider 
under the contract may not impose an early termination or suspension 
charge, but any tax or any other obligation or liability of the 
servicemember that, in accordance with the terms of the contract, is 
due and unpaid or unperformed at the time of termination or suspension 
of the contract shall be paid or performed by the servicemember.
    ``(g) Fees Paid in Advance.--A fee or amount paid in advance for a 
period after the effective date of the termination of the contract 
shall be refunded to the servicemember by the other party (or that 
party's grantee or agent) within 60 days of the effective date of the 
termination of the contract.
    ``(h) Relief to Other Party.--Upon application by the other party 
to the contract to a court before the termination date provided in the 
written notice, relief granted by this section to a servicemember may 
be modified as justice and equity require.
    ``(i) Criminal Penalty.--Whoever knowingly violates this section 
shall be fined not more than $5,000 in the case of an individual or 
$10,000 in the case of an organization.
    ``(j) Private Right of Action.--
            ``(1) In general.--A servicemember harmed by a violation of 
        this section may in a civil action--
                    ``(A) obtain any appropriate equitable relief with 
                respect to the violation; and
                    ``(B) recover an amount equal to three times the 
                damages sustained as a result of the violation.
            ``(2) Costs and attorney fees.--The court shall award to a 
        servicemember who prevails in an action under paragraph (1) the 
        costs of the action, including a reasonable attorney fee.
            ``(3) Preservation of other remedies.--Nothing in this 
        section shall be construed to preclude or limit any remedy 
        otherwise available under law to the servicemember with respect 
        to conduct prohibited under this section.
    ``(k) Definitions.--In this section:
            ``(1) Multichannel video programming service.--The term 
        `multichannel video programming service' means video 
        programming service provided by a multichannel video 
        programming distributor, as such term is defined in section 
        602(13) of the Communications Act of 1934 (47 U.S.C. 522(13)).
            ``(2) Internet access service.--The term `Internet access 
        service' has the meaning given that term under section 
        231(e)(4) of the Communications Act of 1934 (47 U.S.C. 
        231(e)(4)).
            ``(3) Cellular telephone service.--The term `cellular 
        telephone service' means commercial mobile service, as that 
        term is defined in section 332(d) of the Communications Act of 
        1934 (47 U.S.C. 332(d)).
            ``(4) Telephone exchange service.--The term `telephone 
        exchange service' has the meaning given that term under section 
        3 of the Communications Act of 1934 (47 U.S.C. 153).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 305A and 
inserting the following new item:

``Sec. 305A. Termination or suspension of service contracts.''.
    (c) Violation of Interest Rate Limitation.--Section 207 of such Act 
is amended--
            (1) by amending subsection (e) to read as follows:
    ``(e) Criminal Penalty.--
            ``(1) In general.--Whoever knowingly violates this section 
        shall be fined not more than $5,000 in the case of an 
        individual or $10,000 in the case of an organization.
            ``(2) Determination of number of violations.--The court 
        shall count as a separate violation each obligation or 
        liability of a servicemember with respect to which--
                    ``(A) the servicemember properly provided to the 
                creditor written notice and a copy of the military 
                orders calling the servicemember to military service 
                and any orders further extending military service under 
                subsection (b); and
                    ``(B) the creditor fails to act in accordance with 
                subsection (a).'';
            (2) by redesignating subsection (f) as subsection (g);
            (3) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) Rights of Servicemembers.--
            ``(1) Private right of action.--A servicemember harmed by a 
        violation of this section may in a civil action--
                    ``(A) obtain any appropriate equitable relief with 
                respect to the violation; and
                    ``(B) recover an amount equal to three times the 
                damages sustained as a result of the violation.
            ``(2) Costs and attorney fees.--The court shall award to a 
        servicemember who prevails in an action under paragraph (1) the 
        costs of the action, including a reasonable attorney fee.
            ``(3) Preservation of other remedies.--Nothing in this 
        section shall be construed to preclude or limit any remedy 
        otherwise available under law to the servicemember with respect 
        to conduct prohibited under this section.''; and
            (4) in subsection (g), as redesignated by paragraph (2) of 
        this subsection, by inserting ``and (f)'' after ``subsection 
        (e)''.
    (d) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to a contract entered into on or after the date of 
the enactment of this Act.

SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE 
              MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A 
              CONTINGENCY OPERATION.

    (a) Child Custody Protection.--Title II of the Servicemembers Civil 
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end 
the following new section:

``SEC. 208. CHILD CUSTODY PROTECTION.

    ``(a) Restriction on Change of Custody.--If a motion for change of 
custody of a child of a servicemember is filed while the servicemember 
is deployed in support of a contingency operation, no court may enter 
an order modifying or amending any previous judgment or order, or issue 
a new order, that changes the custody arrangement for that child that 
existed as of the date of the deployment of the servicemember, except 
that a court may enter a temporary custody order if the court finds 
that it is in the best interest of the child.
    ``(b) Completion of Deployment.--In any preceding covered under 
subsection (a), a court shall require that, upon the return of the 
servicemember from deployment in support of a contingency operation, 
the custody order that was in effect immediately preceding the date of 
the deployment of the servicemember is reinstated, unless the court 
finds that such a reinstatement is not in the best interest of the 
child, except that any such finding shall be subject to subsection (c).
    ``(c) Exclusion of Military Service From Determination of Child's 
Best Interest.--If a motion for the change of custody of the child of a 
servicemember is filed, no court may consider the absence of the 
servicemember by reason of deployment, or possibility of deployment, in 
determining the best interest of the child.
    ``(d) No Federal Right of Action.--Nothing in this section shall 
create a Federal right of action.
    ``(e) Preemption.--In any case where State or Federal law 
applicable to a child custody proceeding under State or Federal law 
provides a higher standard of protection to the rights of the parent 
who is a servicemember than the rights provided under this section, the 
State or Federal court shall apply the State or Federal standard.
    ``(f) Contingency Operation Defined.--In this section, the term 
`contingency operation' has the meaning given that term in section 
101(a)(13) of title 10, United States Code, except that the term may 
include such other deployments as the Secretary may prescribe.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to title 
II the following new item:

``208. Child custody protection.''.

SEC. 585. DEFINITIONS IN FAMILY AND MEDICAL LEAVE ACT OF 1993 RELATED 
              TO ACTIVE DUTY, SERVICEMEMBERS, AND RELATED MATTERS.

    (a) Definition of Covered Active Duty.--
            (1) Definition.--Paragraph (14) of section 101 of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is 
        amended--
                    (A) by striking all that precedes ``under a call'' 
                and inserting the following:
            ``(14) Covered active duty.--The term `covered active duty' 
        means--
                    ``(A) in the case of a member of a regular 
                component of the Armed Forces, duty during the 
                deployment of the member with the Armed Forces to a 
                foreign country; and
                    ``(B) in the case of a member of a reserve 
                component of the Armed Forces, duty during the 
                deployment of the member with the Armed Forces to a 
                foreign country''; and
                    (B) by striking ``101(a)(13)(B)'' and inserting 
                ``101(a)(13)''.
            (2) Leave.--Section 102 of the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2612) is amended--
                    (A) in subsection (a)(1)(E), by striking ``active 
                duty'' each place it appears and inserting ``covered 
                active duty''; and
                    (B) in subsection (e)(3)--
                            (i) in the paragraph heading, by striking 
                        ``active duty'' and inserting ``covered active 
                        duty''; and
                            (ii) by striking ``active duty'' each place 
                        it appears and inserting ``covered active 
                        duty''.
            (3) Conforming amendment.--Section 103(f) of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in 
        the subsection heading, by striking ``Active Duty'' both places 
        it appears and inserting ``Covered Active Duty''.
    (b) Definition of Covered Servicemember.--Section 101 of the Family 
and Medical Leave Act of 1993 is further amended by striking paragraph 
(16) and inserting the following new paragraph:
            ``(16) Covered servicemember.--The term `covered 
        servicemember' means--
                    ``(A) a member of the Armed Forces (including a 
                member of the National Guard or Reserves) who is 
                undergoing medical treatment, recuperation, or therapy, 
                is otherwise in outpatient status, or is otherwise on 
                the temporary disability retired list, for a serious 
                injury or illness; or
                    ``(B) a veteran who is undergoing medical 
                treatment, recuperation, or therapy, for a serious 
                injury or illness and who was a member of the Armed 
                Forces (including a member of the National Guard or 
                Reserves) at any time during the period of 5 years 
                preceding the date on which the veteran undergoes that 
                medical treatment, recuperation, or therapy.''.
    (c) Definitions of Serious Injury or Illness; Veteran.--Section 101 
of the Family and Medical Leave Act of 1993 is further amended by 
striking paragraph (19) and inserting the following new paragraphs:
            ``(19) Serious injury or illness.--The term `serious injury 
        or illness'--
                    ``(A) in the case of a member of the Armed Forces 
                (including a member of the National Guard or Reserves), 
                means an injury or illness incurred by the member in 
                line of duty on covered active duty in the Armed Forces 
                that may render the member medically unfit to perform 
                the duties of the member's office, grade, rank, or 
                rating; and
                    ``(B) in the case of a veteran who was a member of 
                the Armed Forces (including a member of the National 
                Guard or Reserves) at any time during a period 
                described in paragraph (16)(B), means an injury or 
                illness incurred by the member in line of duty on 
                covered active duty in the Armed Forces, that 
                manifested itself after the member became a veteran, 
                and that may have rendered the member medically unfit 
                to perform the duties of the member's office, grade, 
                rank, or rating on the date the injury or illness was 
                incurred if the injury or illness had manifested itself 
                on that date.
            ``(20) Veteran.--The term `veteran' has the meaning given 
        the term in section 101 of title 38, United States Code.''.
    (d) Technical Amendment.--Section 102(e)(2)(A) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is amended by 
striking ``or parent'' and inserting ``parent, or next of kin (for 
leave taken under subsection (a)(3))''.
    (e) Effective Date and Regulations.--The amendments made by this 
section shall take effect on the date of the enactment of this Act. Not 
later than 120 days after such date, the Secretary of Labor shall issue 
direct final conforming regulations solely to implement such 
amendments.

SEC. 586. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON MILITARY FAMILIES.

    The Comptroller General shall submit to Congress a report 
containing--
            (1) an assessment of the impact of domestic violence in 
        families of members of the Armed Forces on the children of such 
        families; and
            (2) information on progress being made to ensure that 
        children of families of members of the Armed Forces receive 
        adequate care and services when such children are exposed to 
        domestic violence.

SEC. 587. OVERSEAS VOTING ADVISORY BOARD.

    (a) Establishment; Duties.--There is hereby established the 
Overseas Voting Advisory Board (hereafter in this Act referred to as 
the ``Board'').
    (b) Duties.--
            (1) In general.--The Board shall conduct studies and issue 
        reports with respect to the following issues:
                    (A) The ability of citizens of the United States 
                who reside outside of the United States to register to 
                vote and vote in elections for public office.
                    (B) Methods to promote voter registration and 
                voting among such citizens.
                    (C) The effectiveness of the Director of the 
                Federal Voting Assistance Program under the Uniformed 
                and Overseas Citizens Absentee Voting Act in assisting 
                such citizens in registering to vote and casting votes 
                in elections.
                    (D) The effectiveness of the administration and 
                enforcement of the requirements of the Uniformed and 
                Overseas Citizens Absentee Voting Act.
                    (E) The need for the enactment of legislation or 
                the adoption of administrative actions to ensure that 
                all Americans who are away from the jurisdiction in 
                which they are eligible to vote because they live 
                overseas or serve in the military (or are a spouse or 
                dependent of someone who serves in the military) are 
                able to register to vote and vote in elections for 
                public office.
            (2) Reports.--In addition to issuing such reports as it 
        considers appropriate, the Board shall transmit to Congress a 
        report not later than March 31 of each year describing its 
        activities during the previous year, and shall include in that 
        report such recommendations as the Board considers appropriate 
        for legislative or administrative action, including the 
        provision of funding, to address the issues described in 
        paragraph (1).
            (3) Committee hearings on annual report.--During each year, 
        the Committees on Armed Services of the House of 
        Representatives and Senate, the Committee on House 
        Administration of the House of Representatives, and the 
        Committee on Rules and Administration of the Senate may each 
        hold a hearing on the annual report submitted by the Board 
        under paragraph (2).
    (c) Membership.--
            (1) Appointment.--The Board shall be composed of 5 members 
        appointed by the President not later than 6 months after the 
        date of the enactment of this Act, of whom--
                    (A) 1 shall be appointed from among a list of 
                nominees submitted by the Speaker of the House of 
                Representatives;
                    (B) 1 shall be appointed from among a list of 
                nominees submitted by the Minority Leader of the House 
                of Representatives;
                    (C) 1 shall be appointed from among a list of 
                nominees submitted by the Majority Leader of the 
                Senate; and
                    (D) 1 shall be appointed from among a list of 
                nominees submitted by the Minority Leader of the 
                Senate.
            (2) Qualifications.--An individual may serve as a member of 
        the Board only if the individual has experience in election 
        administration and resides or has resided for an extended 
        period of time overseas (as a member of the uniformed services 
        or as a civilian), except that the President shall ensure that 
        at least one member of the Board is a citizen who resides 
        overseas while serving on the Board.
            (3) Terms of service.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each member shall be appointed for a term of 4 
                years. A member may be reappointed for additional 
                terms.
                    (B) Vacancies.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made. Any member appointed to fill a vacancy 
                occurring before the expiration of the term for which 
                the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that member's term 
                until a successor has taken office.
            (4) Pay.--
                    (A) No pay for service.--A member shall serve 
                without pay, except that a member shall receive travel 
                expenses, including per diem in lieu of subsistence, in 
                accordance with applicable provisions under subchapter 
                I of chapter 57 of title 5, United States Code.
                    (B) Reimbursement of travel expenses by director.--
                Upon request of the Chairperson of the Board, the 
                Director of the Federal Voting Assistance Program under 
                the Uniformed and Overseas Citizens Absentee Voting Act 
                shall, from amounts made available for the salaries and 
                expenses of the Director, reimburse the Board for any 
                travel expenses paid on behalf of a member under 
                subparagraph (A).
            (5) Quorum.--Three members of the Board shall constitute a 
        quorum but a lesser number may hold hearings.
            (6) Chairperson.--The members of the Board shall designate 
        one member to serve as Chairperson.
    (d) Staff.--
            (1) Authority to appoint.--Subject to rules prescribed the 
        Board, the chairperson may appoint and fix the pay of such 
        staff as the chairperson considers necessary.
            (2) Application of civil service laws.--The staff of the 
        Board shall be appointed subject to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and shall be paid in accordance with the provisions of 
        chapter 51 and subchapter III of chapter 53 of that title 
        relating to classification and General Schedule pay rates.
            (3) Experts and consultants.--Subject to rules prescribed 
        by the Board, the Chairperson may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code.
            (4) Staff of federal agencies.--Upon request of the 
        Chairperson, the head of any Federal department or agency may 
        detail, on a reimbursable basis, any of the personnel of that 
        department or agency to the Board to assist it in carrying out 
        its duties under this Act.
    (e) Powers.--
            (1) Hearings and sessions.--The Board may, for the purpose 
        of carrying out this Act, hold hearings, sit and act at times 
        and places, take testimony, and receive evidence as the Board 
        considers appropriate. The Board may administer oaths or 
        affirmations to witnesses appearing before it.
            (2) Obtaining official data.--The Board may secure directly 
        from any department or agency of the United States information 
        necessary to enable it to carry out this Act. Upon request of 
        the Chairperson, the head of that department or agency shall 
        furnish that information to the Board.
            (3) Mails.--The Board may use the United States mails in 
        the same manner and under the same conditions as other 
        departments and agencies of the United States.
            (4) Administrative support services.--Upon the request of 
        the Board, the Administrator of General Services shall provide 
        to the Board, on a reimbursable basis, the administrative 
        support services necessary for the Board to carry out its 
        responsibilities under this Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Board such sums as may be necessary to carry out 
this section for fiscal year 2010 and each succeeding fiscal year.

SEC. 588. SENSE OF CONGRESS AND REPORT ON INTRA-FAMILIAL ABDUCTION OF 
              CHILDREN OF MILITARY PERSONNEL.

    (a) Sense of Congress.--It is the sense of Congress that the intra-
familial abduction to foreign countries of children of members of the 
Armed Forces constitutes a grave violation of the rights of military 
parents whose children are abducted and poses a significant threat to 
the psychological well-being and development of the abducted children.
    (b) Report on Intra-familial Child Abduction Effecting Active Duty 
Military Personnel.--
            (1) Report required.--Not later than 60 days after the date 
        of the enactment of this Act, and not later than December 31 of 
        calendar year 2010 and each December 31 thereafter, the 
        Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and House of Representatives a report on 
        the programs, projects, and activities carried out by the 
        Department of Defense to assist members of the Armed Forces 
        whose children are abducted.
            (2) Contents.--The report required under paragraph (1) 
        shall include information concerning the following:
                    (A) The total number of children abducted from 
                military parents, with a breakdown of the number of 
                children abducted to each country that is a party to 
                the Hague Convention on the Civil Aspects of 
                International Child Abduction (the ``Hague 
                Convention'') and each country that is not a party to 
                the Hague Convention.
                    (B) The total number of children abducted from 
                military parents who were returned to their military 
                parent, with a breakdown of the number of children 
                returned from each country that is a party to the Hague 
                Convention and each country that is not a party to the 
                Hague Convention, including the average length of time 
                per country that the children spent separated from 
                their military parent, whether the Department of 
                Defense helped facilitate any of the returns, specific 
                actions taken to facilitate the return, and other 
                Departments involved.
                    (C) Whether these numbers are shared with the 
                Department of State for inclusion in the Report on 
                Compliance with the Hague Convention on the Civil 
                Aspects of International Child Abduction.
                    (D) An assessment as to how international child 
                abductions impact the force readiness of affected 
                military personnel.
                    (E) An assessment of the effectiveness of the 
                centralized office within the Department of Defense 
                responsible for implementing measures to prevent 
                international child abductions and to provide 
                assistance to military personnel, including--
                            (i) the coordination of international child 
                        abduction-related issues between the relevant 
                        agencies and departments with the Department of 
                        Defense;
                            (ii) the education of appropriate 
                        personnel;
                            (iii) the coordination with family support 
                        offices and other applicable agencies, both 
                        within the United States and in host countries, 
                        to implement mechanisms for assistance to left 
                        behind parents;
                            (iv) the coordination with the Department 
                        of State and National Center for Missing and 
                        Exploited Children to provide assistance to 
                        left behind parents in obtaining the return of 
                        their children; and
                            (v) the collection of the data required by 
                        subparagraphs (A) and (B).
                    (F) An assessment of the current availability of, 
                and additional need for assistance, including general 
                information, psychological counseling, financial 
                assistance, leave for travel, legal services, and the 
                contact information for the office identified in 
                subparagraph (E), provided by the Department of Defense 
                to left behind military parents for the purpose of 
                obtaining the return of their abducted children and 
                ensuring the force readiness of military personnel.
                    (G) The means through which available services, 
                information, and activities relating to international 
                child abductions are communicated to left behind 
                military parents.
                    (H) The proportion of identified left behind 
                military parents who utilize the services and 
                activities referred to in subparagraph (F).
                    (I) Measures taken by the Department of Defense, 
                including any written policy guidelines, to prevent the 
                abduction of children.
                    (J) The means by which military personnel are 
                educated on the risks of international child abduction, 
                particularly when they first arrive on a base abroad or 
                when the military receives notice that the personnel is 
                considering marriage or divorce abroad.
                    (K) The training provided to those who supply legal 
                assistance to military personnel, in particular the 
                Armed Forces Legal Assistance Offices, on the legal 
                aspects of international child abduction and legal 
                options available to left behind military parents, 
                including the risks of conferring jurisdiction on the 
                host country court system by applying for child custody 
                in the host country court system.
                    (L) Which of the Status of Forces Agreements 
                negotiated with host countries, if any, are written to 
                protect the ability of a member of the Armed Forces to 
                have international child abduction cases adjudicated in 
                the member's State of legal residence.
                    (M) The feasibility of including in present and 
                future Status of Forces Agreements a framework for the 
                expeditious and just resolution of intra-familial child 
                abduction.
                    (N) Identification of potential strategies for 
                engagement with host countries with high incidences of 
                military international child abductions.
                    (O) Whether the Department of Defense has engaged 
                in joint efforts with the State Department to provide a 
                forum, such as a conference, for left behind military 
                parents to share their experiences, network, and 
                develop best practices for securing the return of 
                abducted children, and the assistance provided for left 
                behind parents to attend such an event.
                    (P) Whether the Department of Defense currently 
                partners with, or intends to partner with, civilian 
                experts on International Child Abduction, to understand 
                the psychological and social implications of this issue 
                upon Department of Defense personnel, and to help 
                develop an effective awareness campaign and training.

                       Subtitle I--Other Matters

SEC. 591. NAVY GRANTS TO NAVAL SEA CADET CORPS.

    (a) Grants Authorized.--Chapter 647 of title 10, United States 
Code, is amended by inserting after section 7541a the following new 
section:
``Sec. 7541b. Authority to make grants to Naval Sea Cadet Corps
    ``Subject to the availability of funds for this purpose, the 
Secretary of the Navy may make grants to support the purposes of the 
Naval Sea Cadet Corps, a federally chartered corporation under chapter 
1541 of title 36.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7541a the following new item:

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

SEC. 592. IMPROVED RESPONSE AND INVESTIGATION OF ALLEGATIONS OF SEXUAL 
              ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.

    (a) Comptroller General Report.--
            (1) Report required.--Not later than 1 year after the date 
        of the enactment of this Act, the Comptroller General shall 
        submit to the congressional defense committees a report 
        containing a review of the capacity of each service of the 
        Armed Forces to investigate and adjudicate allegations of 
        sexual assault to determine whether there are any barriers that 
        negatively affect the ability of that service to facilitate the 
        investigation and adjudication of such allegations to the full 
        extent of the Uniform Code of Military Justice.
            (2) Elements of report.--The report required by paragraph 
        (1) shall include a review of the following:
                    (A) The command processes of each of the Armed 
                Forces for handling allegations of sexual assault 
                (including command guidance, standing orders, and 
                related matters), the staff judge advocate structure of 
                each Armed Force for cases of sexual assault, and the 
                personnel and budget resources allocated to handle 
                allegations of sexual assault.
                    (B) The extent to which command decisions regarding 
                the disposition of cases properly direct cases to the 
                most-appropriate venue for adjudication.
                    (C) The effectiveness of personnel training methods 
                regarding investigation and adjudication of sexual 
                assault cases.
                    (D) The capacity to investigate and adjudicate 
                sexual assault cases in combat zones.
                    (E) The recommendations of the Defense Task Force 
                on Sexual Assault in the Military regarding 
                investigation and adjudication of sexual assault.
    (b) Prevention.--Not later than 180 days after the dates of the 
enactment of this Act, the Secretary of Defense shall develop and 
submit to the congressional defense committees a sexual assault 
prevention program, which shall include, at minimum, the following 
components:
            (1) Action plans for reducing the number of sexual 
        assaults, with timelines for implementation of the plans, 
        development tools, and a comprehensive evaluation process.
            (2) A mechanism to measure the effectiveness of the 
        program, to include outcome measurement and metrics.
            (3) Training programs for commanders and senior enlisted 
        leaders, including pre-command courses.
            (4) The budget necessary to permit full implementation of 
        the program.
    (c) Sexual Assault Forensic Exams.--
            (1) Availability of sexual assault forensic exams in combat 
        zones.--Not later than 180 days after the date of the enactment 
        of this Act, the Secretary of Defense shall submit to the 
        congressional defense committees a report evaluating the 
        availability of sexual assault forensic examinations in combat 
        zones. The report shall include, at a minimum, the following:
                    (A) The current availability of sexual assault 
                forensic examinations in combat zones.
                    (B) The barriers to providing sexual assault 
                forensic examinations at all echelons of care in combat 
                zones.
                    (C) Any legislative actions required to improve the 
                availability of sexual assault forensic examinations in 
                combat zones.
            (2) Tricare coverage for forensic examination following 
        sexual assault or domestic violence.--Not later than 30 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall submit to the congressional defense committees a 
        report describing the progress made in implementing section 
        1079(a)(17) of title 10, United States Code, as added by 
        section 701 of the John Warner National Defense Authorization 
        Act for Fiscal Year 2007 (Public Law 109-324; 120 Stat. 2279).
    (d) Military Protective Orders.--
            (1) Collection of statistical information.--Not later than 
        30 days after the date of enactment of this Act, the Secretary 
        of Defense shall require that sexual assault statistics 
        collected by the Department of Defense include information on 
        whether a military protective order was issued that involved 
        either the victim or alleged perpetrator of a sexual assault. 
        The Secretary shall include such information in the annual 
        report submitted to Congress on sexual assaults involving 
        members of the Armed Forces.
            (2) Information to members.--The Secretary of Defense shall 
        ensure that, when a military protective order is issued to 
        protect a member of the Armed Forces, the member is informed of 
        the right of the member to request a base transfer from the 
        command.

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

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

SEC. 594. MODIFICATION OF SERVICEMEMBERS CIVIL RELIEF ACT REGARDING 
              RESIDENTIAL AND MOTOR VEHICLE LEASES.

    Section 305(e) of the Servicemembers Civil Relief Act (50 U.S.C. 
App. 535) is amended to read as follows:
    ``(e) Arrearages and Other Obligations and Liabilities.--
            ``(1) Leases of premises.--Rent amounts for a lease 
        described in subsection (b)(1) that are unpaid for the period 
        preceding the effective date of the lease termination shall be 
        paid on a prorated basis. The lessor may not impose an early 
        termination charge, but any taxes, summonses, or other 
        obligations and liabilities of the lessee in accordance with 
        the terms of the lease, including reasonable charges to the 
        lessee for excess wear, that are due and unpaid at the time of 
        termination of the lease shall be paid by the lessee.
            ``(2) Leases of motor vehicles.--Lease amounts for a lease 
        described in subsection (b)(2) that are unpaid for the period 
        preceding the effective date of the lease termination shall be 
        paid on a prorated basis. The lessor may not impose an early 
        termination charge, but any taxes, summonses, title and 
        registration fees, or other obligations and liabilities of the 
        lessee in accordance with the terms of the lease, including 
        reasonable charges to the lessee for excess wear or use and 
        mileage, that are due and unpaid at the time of termination of 
        the lease shall be paid by the lessee.''.

SEC. 595. EXPANSION OF MILITARY LEADERSHIP DIVERSITY COMMISSION TO 
              INCLUDE RESERVE COMPONENT REPRESENTATIVES.

    Section 596(b)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4476) is amended by striking subparagraphs (C), (D), (E) and inserting 
the following new subparagraphs:
                    ``(C) A commissioned officer from each of the Army, 
                Navy, Air Force, Marine Corps, National Guard, and 
                Reserves who serves or has served in a leadership 
                position with either a military department command or 
                combatant command.
                    ``(D) A retired general or flag officer from each 
                of the Army, Navy, Air Force, Marine Corps, National 
                Guard, and Reserves.
                    ``(E) A retired noncommissioned officer from each 
                of the Army, Navy, Air Force, Marine Corps, National 
                Guard, and Reserves.''.

SEC. 596. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY HEALING AND 
              RESPONSE TRAINING UNDER THE YELLOW RIBBON REINTEGRATION 
              PROGRAM.

    Section 582 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 122) is amended--
            (1) in subsection (h)--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) through (15) as 
                paragraphs (3) through (14), respectively; and
            (2) by adding at the end the following new subsection:
    ``(i) Suicide Prevention and Community Healing and Response 
Program.--
            ``(1) Establishment.--As part of the Yellow Ribbon 
        Reintegration Program, the Office for Reintegration Programs 
        shall establish a program to provide National Guard and Reserve 
        members, their families, and their communities with training in 
        suicide prevention and community healing and response to 
        suicide.
            ``(2) Design.--In establishing the program under paragraph 
        (1), the Office for Reintegration Programs shall consult with--
                    ``(A) persons that have experience and expertise 
                with combining military and civilian intervention 
                strategies that reduce risk and promote healing after a 
                suicide attempt or suicide death for National Guard and 
                Reserve members; and
                    ``(B) the adjutant general of each state, the 
                Commonwealth of Puerto Rico, the District of Columbia, 
                Guam, and the Virgin Islands.
            ``(3) Operation.--
                    ``(A) Suicide prevention training.--The Office for 
                Reintegration Programs shall provide National Guard and 
                Reserve members with training in suicide prevention. 
                Such training shall include--
                            ``(i) describing the warning signs for 
                        suicide and teaching effective strategies for 
                        prevention and intervention;
                            ``(ii) examining the influence of military 
                        culture on risk and protective factors for 
                        suicide; and
                            ``(iii) engaging in interactive case 
                        scenarios and role plays to practice effective 
                        intervention strategies.
                    ``(B) Community healing and response training.--The 
                Office for Reintegration Programs shall provide the 
                families and communities of National Guard and Reserve 
                members with training in responses to suicide that 
                promote individual and community healing. Such training 
                shall include--
                            ``(i) enhancing collaboration among 
                        community members and local service providers 
                        to create an integrated, coordinated community 
                        response to suicide;
                            ``(ii) communicating best practices for 
                        preventing suicide, including safe messaging, 
                        appropriate memorial services, and media 
                        guidelines;
                            ``(iii) addressing the impact of suicide on 
                        the military and the larger community, and the 
                        increased risk that can result; and
                            ``(iv) managing resources to assist key 
                        community and military service providers in 
                        helping the families, friends, and fellow 
                        soldiers of a suicide victim through the 
                        processes of grieving and healing.
                    ``(C) Collaboration with centers of excellence.--
                The Office for Reintegration Programs, in consultation 
                with the Defense Centers of Excellence for 
                Psychological Health and Traumatic Brain Injury, shall 
                collect and analyze `lessons learned' and suggestions 
                from State National Guard and Reserve organizations 
                with existing or developing suicide prevention and 
                community response programs.''.

SEC. 597. REPORT ON PROGRESS IN COMPLETING DEFENSE INCIDENT-BASED 
              REPORTING SYSTEM.

    Not later than 120 days after the date of the enactment of this 
Act, and every 6 months thereafter, the Secretary of Defense shall 
submit to Congress a report detailing the progress of the Secretary 
with respect to the Defense Incident-Based Reporting System.

SEC. 598. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE COMPONENT MEMBERS.

    Section 1044(a)(4) of title 10, United States Code, is amended by 
striking ``the Secretary of Defense), for a period of time, prescribed 
by the Secretary of Defense,'' and inserting ``the Secretary), for a 
period of time (prescribed by the Secretary)''.

          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.
            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.
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.

                     Subtitle A--Pay and Allowances

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

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

SEC. 602. SPECIAL MONTHLY COMPENSATION ALLOWANCE FOR MEMBERS WITH 
              COMBAT-RELATED CATASTROPHIC INJURIES OR ILLNESSES PENDING 
              THEIR RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY.

    (a) In General.--Chapter 7 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 439. Special monthly compensation: members with combat-related 
              catastrophic injuries or illnesses pending their 
              retirement or separation for physical disability
    ``(a) Compensation Authorized.--(1) The Secretary concerned may pay 
to any member of the uniformed services described in paragraph (2) a 
special monthly compensation in an amount determined under subsection 
(b).
    ``(2) Subject to paragraph (3), a member eligible for the 
compensation authorized by paragraph (1) is a member--
            ``(A) who has a combat-related catastrophic injury or 
        illness; and
            ``(B) who has been certified by a licensed physician as 
        being in need of assistance from another person to perform the 
        personal functions required in everyday living; and
    ``(3) The Secretary of Defense (or the Secretary of Homeland 
Security, with respect to the Coast Guard) may establish additional 
eligibility criteria in the regulations required by subsection (e).
    ``(b) Authorized Amount of Compensation.--(1) The amount of the 
special monthly compensation authorized by subsection (a) shall be 
determined under criteria prescribed in the regulations required by 
subsection (e), except that the amount may not exceed the amount of the 
aid and attendance allowance authorized by section 1114(r) of title 38 
for veterans in need of regular aid and attendance.
    ``(2) In determining the amount of the special monthly compensation 
to be provided to a member, the Secretary concerned shall consider the 
extent to which--
            ``(A) home health care and related services are being 
        provided to the member by the Government; and
            ``(B) aid and attendance services are being provided by 
        family and friends of the member who may be compensated with 
        funds provided through the special monthly compensation 
        authorized by this section.
    ``(c) Termination.--The eligibility of a member to receive special 
monthly compensation under subsection (a) terminates on the earlier of 
the following:
            ``(1) The first month following the end of the 90-day 
        period beginning on the date of the separation or retirement of 
        the member.
            ``(2) The first month beginning after the death of the 
        member.
            ``(3) The first month beginning after the date on which the 
        member is determined to be no longer afflicted with a 
        catastrophic injury or illness.
    ``(d) Definitions.--In this section:
            ``(1) The term `catastrophic injury or illness' means a 
        permanent, severely disabling injury, disorder, or illness that 
        the Secretary concerned determines compromises the ability of 
        the afflicted person to carry out the activities of daily 
        living to such a degree that the person requires--
                    ``(A) personal or mechanical assistance to leave 
                home or bed; or
                    ``(B) constant supervision to avoid physical harm 
                to self or others.
            ``(2) The term `combat-related', with respect to a 
        catastrophic injury or illness, means a wound, injury, or 
        illness for which the member involved was awarded the Purple 
        Heart or that was incurred as described in section 1413a(e)(2) 
        of title 10.
    ``(e) Regulations.--The Secretary of Defense (or the Secretary of 
Homeland Security, with respect to the Coast Guard) shall prescribe 
regulations to carry out this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding 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.''.

SEC. 603. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR ENLISTED 
              MEMBERS AND WARRANT OFFICERS APPOINTED AS OFFICERS AND 
              OFFICERS REAPPOINTED IN A LOWER GRADE.

    (a) In General.--Section 907 of title 37, United States Code, is 
amended to read as follows:
``Sec. 907. Members appointed or reappointed as officers: no reduction 
              in pay and allowances
    ``(a) Stabilization of Pay and Allowances.--A member of the armed 
forces who accepts an appointment or reappointment as an officer 
without a break in service shall, for service as an officer, be paid 
the greater of--
            ``(1) the pay and allowances to which the officer is 
        entitled as an officer; or
            ``(2) the pay and allowances to which the officer would be 
        entitled if the officer were in the last grade the officer held 
        before the appointment or reappointment as an officer.
    ``(b) Covered Pays.--(1) Subject to paragraphs (2) and (3), for the 
purposes of this section, the pay of a grade formerly held by an 
officer described in subsection (a) include special and incentive pays 
under chapter 5 of this title.
    ``(2) In determining the amount of the pay of a grade formerly held 
by an officer, special and incentive pays may be considered only so 
long as the officer continues to perform the duty that creates the 
entitlement to, or eligibility for, that pay and would otherwise be 
eligible to receive that pay in the former grade.
    ``(3) Special and incentive pays that are dependent on a member 
being in an enlisted status may not be considered in determining the 
amount of the pay of a grade formerly held by an officer.
    ``(c) Covered Allowances.--(1) Subject to paragraph (2), for the 
purposes of this section, the allowances of a grade formerly held by an 
officer described in subsection (a) include allowances under chapter 7 
of this title.
    ``(2) The clothing allowance under section 418 of this title may 
not be considered in determining the amount of the allowances of a 
grade formerly held by an officer described in subsection (a) if the 
officer is entitled to a uniform allowance under section 415 of this 
title.
    ``(d) Rates of Pay and Allowances.--For the purposes of this 
section, the rates of pay and allowances of a grade that an officer 
formerly held are those rates that the officer would be entitled to had 
the officer remained in that grade and continued to receive the 
increases in pay and allowances authorized for that grade, as otherwise 
provided in this title or other provisions of law.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title is amended by striking the item relating to 
section 907 and inserting the following new item:

``907. Members appointed or reappointed as officers: no reduction in 
                            pay and allowances.''.

SEC. 604. REPORT ON HOUSING STANDARDS USED TO DETERMINE BASIC ALLOWANCE 
              FOR HOUSING.

    (a) Report Required.--Not later than July 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing--
            (1) a review of the housing standards used to determine the 
        monthly rates of basic allowance for housing under section 403 
        of title 37, United States Code; and
            (2) such recommended changes to the standards, including an 
        estimate of the cost of each recommended change, as the 
        Secretary considers appropriate.
    (b) Elements of Review.--The Secretary shall consider whether the 
housing standards are suitable in terms of--
            (1) recognizing the societal needs and expectations of 
        families in the United States;
            (2) providing for an appropriate quality of life for 
        members of the Armed Forces in all grades; and
            (3) recognizing the appropriate rewards and prestige 
        associated with promotion to higher military grades throughout 
        the rank structure.

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

    (a) Title 10 Authorities.--The following sections of title 10, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 2130a(a)(1), relating to nurse officer 
        candidate accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the 
        Selected Reserve.
    (b) Title 37 Authorities.--The following sections of title 37, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for 
        medical officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.

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

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 312(f), relating to special pay for nuclear-
        qualified officers extending period of active service.
            (2) Section 312b(c), relating to nuclear career accession 
        bonus.
            (3) Section 312c(d), relating to nuclear career annual 
        incentive bonus.

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

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.
            (4) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (5) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (6) Section 351(i), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(j), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(i), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
              OTHER TITLE 37 BONUSES AND SPECIAL PAY.

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

SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
              REFERRAL BONUSES.

    The following sections of title 10, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 1030(i), relating to health professions 
        referral bonus.
            (2) Section 3252(h), relating to Army referral bonus.

SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO RECONCILE 
              CONFLICTING AMENDMENTS REGARDING CONTINUED PAYMENT OF 
              BONUSES AND SIMILAR BENEFITS FOR CERTAIN MEMBERS.

    (a) Technical Corrections to Reconcile Conflicting Amendments.--
Section 303a(e) of title 37, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively;
            (3) in paragraph (5), as so redesignated, by striking 
        ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)'';
            (4) by redesignating paragraph (2), as added by section 
        651(b) of the Duncan Hunter National Defense Authorization Act 
        for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as 
        paragraph (3); and
            (5) by redesignating the second subparagraph (B) of 
        paragraph (1), originally added as paragraph (2) by section 
        2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat. 3526) 
        and erroneously designated as subparagraph (B) by section 
        651(a)(3) of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), 
        as paragraph (2).
    (b) Inclusion of Hubbard Act Amendment in Consolidated Special Pay 
and Bonus Authorities.--Section 373(b) of such title is amended--
            (1) in paragraph (2), by striking the paragraph heading and 
        inserting ``Special rule for deceased and disabled members.--
        ''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Special rule for members who receive sole 
        survivorship discharge.--(A) If a member of the uniformed 
        services receives a sole survivorship discharge, the Secretary 
        concerned--
                    ``(i) shall not require repayment by the member of 
                the unearned portion of any bonus, incentive pay, or 
                similar benefit previously paid to the member; and
                    ``(ii) may grant an exception to the requirement to 
                terminate the payment of any unpaid amounts of a bonus, 
                incentive pay, or similar benefit if the Secretary 
                concerned determines that termination of the payment of 
                the unpaid amounts would be contrary to a personnel 
                policy or management objective, would be against equity 
                and good conscience, or would be contrary to the best 
                interests of the United States.
            ``(B) In this paragraph, the term `sole survivorship 
        discharge' means the separation of a member from the Armed 
        Forces, at the request of the member, pursuant to the 
        Department of Defense policy permitting the early separation of 
        a member who is the only surviving child in a family in which--
                    ``(i) the father or mother or one or more 
                siblings--
                            ``(I) served in the Armed Forces; and
                            ``(II) was killed, died as a result of 
                        wounds, accident, or disease, is in a captured 
                        or missing in action status, or is permanently 
                        100 percent disabled or hospitalized on a 
                        continuing basis (and is not employed gainfully 
                        because of the disability or hospitalization); 
                        and
                    ``(ii) the death, status, or disability did not 
                result from the intentional misconduct or willful 
                neglect of the parent or sibling and was not incurred 
                during a period of unauthorized absence.''.

SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS TO REFLECT 
              TIME DURING WHICH A MEMBER SATISFIES ELIGIBILITY 
              REQUIREMENTS FOR THE SPECIAL OR INCENTIVE PAY.

    (a) Special Pay for Duty Subject to Hostile Fire or Imminent 
Danger.--Section 310 of title 37, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``and Special Pay Amount'' in the 
                subsection heading; and
                    (B) by striking ``at the rate of $225 for any 
                month'' in the matter preceding paragraph (1) and 
                inserting ``under subsection (b) for any month or 
                portion of a month'';
            (2) in subsection (c), by striking paragraph (3);
            (3) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (4) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Special Pay Amount; Proration.--(1) The special pay 
authorized by subsection (a) may not exceed $225 a month.
    ``(2) Except as provided in subsection (c), if a member does not 
satisfy the eligibility requirements specified in paragraphs (1) and 
(2) of subsection (a) for an entire month for receipt of special pay 
under subsection (a), the Secretary concerned may prorate the payment 
amount to reflect the duration of the member's actual qualifying 
service during the month.''.
    (b) Hazardous Duty Pay.--Section 351 of such title is amended--
            (1) by striking subsections (c) and (d) and redesignating 
        subsections (e) through (i) as subsections (d) through (h), 
        respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Method of Payment; Proration.--
            ``(1) Monthly payment.--Subject to paragraph (2), hazardous 
        duty pay shall be paid on a monthly basis.
            ``(2) Proration.--If a member does not satisfy the 
        eligibility requirements specified in paragraph (1), (2), or 
        (3) of subsection (a) for an entire month for receipt of 
        hazardous duty pay, the Secretary concerned may prorate the 
        payment amount to reflect the duration of the member's actual 
        qualifying service during the month.''.
    (c) Assignment or Special Duty Pay.--Section 352(b)(1) of such 
title is amended by adding at the end the following new sentence: ``If 
paid monthly, the Secretary concerned may prorate the monthly amount of 
the assignment or special duty pay for a member who does not satisfy 
the eligibility requirement for an entire month to reflect the duration 
of the member's actual qualifying service during the month.''.
    (d) Skill Incentive Pay.--Section 353 of such title is amended--
            (1) by striking subsection (f) and redesignating 
        subsections (g) through (j) as subsections (f) through (i), 
        respectively; and
            (2) in subsection (c), by striking paragraph (1) and 
        inserting the following new paragraph:
            ``(1) Skill incentive pay.--(A) Skill incentive pay under 
        subsection (a) may not exceed $1,000 a month.
            ``(B) If a member does not satisfy the eligibility 
        requirements specified in paragraphs (1) and (2) of subsection 
        (a) for an entire month for receipt of skill incentive pay, the 
        Secretary concerned may prorate the payment amount to reflect 
        the duration of the member's actual qualifying service during 
        the month. A member of a reserve component entitled to 
        compensation under section 206 of this title who is authorized 
        skill incentive pay under subsection (a) may be paid an amount 
        of such pay that is proportionate to the compensation received 
        by the member under section 206 of this title for inactive-duty 
        training.''.
    (e) Application of Amendments.--The amendments made by this section 
shall apply with respect to months beginning 90 or more days after the 
date of the enactment of this Act.

SEC. 619. ADDITIONAL SPECIAL PAYS AND BONUSES AUTHORIZED FOR MEMBERS 
              AGREEING TO SERVE IN AFGHANISTAN FOR THE DURATION OF THE 
              UNITED STATES MISSION.

    (a) Authority to Develop Demonstration Program.--Notwithstanding 
the limitations specified in subsection (b) of section 352 of title 37, 
United States Code, on the maximum amount of assignment or special duty 
pay that may be paid to a member of the Armed Forces under such 
section, the Secretary of Defense may develop a program to provide 
additional special pays and bonuses to members (particularly members 
who score a 4.0 on the Foreign Service Institute test for the dominant 
languages of Pashto and Dari) who agree to serve on active duty in 
Afghanistan for 6 years or the duration of the United States mission in 
Afghanistan, whichever occurs first. The assignment period required by 
the agreement shall provide for reasonable periods of leave.
    (b) Relation to Other Authorities.--A program developed under 
subsection (a) may be provided--
            (1) without regard to the lack of specific authority for 
        the program or policy under title 10 or title 37, United States 
        Code; and
            (2) notwithstanding any provision of such titles, or any 
        rule or regulation prescribed under such provision, relating to 
        methods of--
                    (A) determining requirements for operational 
                assignment stability; and
                    (B) establishing programs to achieve greater 
                stability when operational requirements so dictate.
    (c) Waiver of Otherwise Applicable Laws.--Except as provided in 
subsection (a), a provision of title 10 or title 37, United States 
Code, may not be waived with respect to, or otherwise determined to be 
inapplicable to, a program developed under subsection (a) without the 
approval of the Secretary of Defense.
    (d) Notice and Wait Requirement.--A program initiated under 
subsection (a) may not be implemented until--
            (1) the Secretary of the Defense submits to Congress--
                    (A) a description of the program, including the 
                purpose and the expected benefit to the Government;
                    (B) a description of the provisions of titles 10, 
                or 37, United States Code, from which the program would 
                require a waiver, and the rationale to support the 
                waiver;
                    (C) a statement of the anticipated outcomes as a 
                result of implementing the program; and
                    (D) the method to be used to evaluate the 
                effectiveness of the program.
    (e) Duration of Developed Program.--A program developed under 
subsection (a) may be provided for not longer than a three-year period 
beginning on the implementation date, except that the Secretary of 
Defense may extend the period if the Secretary determines that 
additional time is needed to fully evaluate the effectiveness of the 
program.
    (f) Reporting Requirements.--
            (1) Report.--The Secretary shall submit to Congress an 
        annual report on the program provided under subsection (a) 
        during the preceding year, including--
                    (A) a description of any programs developed and 
                fielded under subsection (a) during that fiscal year; 
                and
                    (B) an assessment of the impact of the programs on 
                the effectiveness and efficiency in achieving the 
                United States mission in Afghanistan.
    (g) Termination of Authority.--Subject to subsection (e), the 
authority to carry out a program under this section expires on December 
31, 2012.

            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.

    (a) Authority to Transport Additional Motor Vehicle.--Subsection 
(a) of section 2634 of title 10, United States Code, is amended--
            (1) by striking the sentence following paragraph (4);
            (2) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D), respectively;
            (3) by inserting ``(1)'' after ``(a)''; and
            (4) by adding at the end the following new paragraph:
    ``(2) One additional motor vehicle of a member (or a dependent of 
the member) may be transported as provided in paragraph (1) if--
            ``(A) the member is ordered to make a change of permanent 
        station to or from a nonforeign area outside the continental 
        United States and the member has at least one dependent of 
        driving age who will use the motor vehicle; or
            ``(B) the Secretary concerned determines that a replacement 
        for the motor vehicle transported under paragraph (1) is 
        necessary for reasons beyond the control of the member and is 
        in the interest of the United States and the Secretary approves 
        the transportation in advance.''.
    (b) Technical and Conforming Amendments.--Such subsection is 
further amended--
            (1) by striking ``his dependents'' and inserting ``a 
        dependent of the member'';
            (2) by striking ``him'' and inserting ``the member'';
            (3) by striking ``his)'' and inserting ``the member)'';
            (4) by striking ``his new'' and inserting ``the member's 
        new''; and
            (5) in paragraph (1)(C), as redesignated by subsection (a), 
        by striking ``clauses (1) and (2)'' and inserting 
        ``subparagraphs (A) and (B)''.
    (c) Effective Date.--Paragraph (2)(A) of subsection (a) of section 
2634 of title 10, United States Code, as added by subsection (a)(4), 
shall apply with respect to orders issued on or after the date of the 
enactment of this Act for members of the Armed Forces to make a 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.

    (a) Authority to Provide Travel to Designated Individuals.--
Subsection (a) of section 411h of title 37, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``family members of a member 
                described in paragraph (2)'' and inserting 
                ``individuals who, with respect to a member described 
                in paragraph (2), are designated individuals for that 
                member'';
                    (B) by striking ``that the presence of the family 
                member'' and inserting ``that the presence of the 
                designated individual''; and
                    (C) by striking ``of family members'' and inserting 
                ``of designated individuals''; and
            (2) by adding at the end the following new paragraph:
    ``(4) In the case of a designated individual who is also a member 
of the uniformed services, that member may be provided travel and 
transportation under this section in the same manner as a designated 
individual who is not a member.''.
    (b) Definition of Designated Individual.--Subsection (b) of such 
section is amended by striking paragraphs (1) and (2) and inserting the 
following new paragraphs:
    ``(1) In this section, the term `designated individual', with 
respect to a member, means--
            ``(A) an individual designated by the member for the 
        purposes of this section; or
            ``(B) in the case of a member who has not made a 
        designation under subparagraph (A) and, as determined by the 
        attending physician or surgeon, is not able to make such a 
        designation, an individual who, as designated by the attending 
        physician or surgeon and the commander or head of the military 
        medical facility exercising control over the member, is someone 
        with a personal relationship to the member whose presence would 
        aid and support the health and welfare of the member during the 
        duration of the member's inpatient treatment.
    ``(2) The designation of an individual as a designated individual 
for purposes of this section may be changed at any time.''.
    (c) Coverage of Members Hospitalized Outside the United States Who 
Were Wounded or Injured in a Combat Operation or Combat Zone.--
            (1) Coverage for hospitalization outside the united 
        states.--Subparagraph (B) of section (a)(2) of such section is 
        amended--
                    (A) in clause (i), by striking ``in or outside the 
                United States''; and
                    (B) in clause (ii), by striking ``in the United 
                States''.
            (2) Clarification of members covered.--Such subparagraph is 
        further amended--
                    (A) in clause (i), by inserting ``seriously 
                wounded,'' after ``(i) is''; and
                    (B) in clause (ii)--
                            (i) by striking ``an injury'' and inserting 
                        ``a wound or an injury''; and
                            (ii) by striking ``that injury'' and 
                        inserting ``that wound or injury''.
    (d) Frequency of Authorized Travel.--Paragraph (3) of subsection 
(a) of such section is amended to read as follows:
    ``(3)(A) Not more than a total of three round trips may be provided 
under paragraph (1) in any 60-day period at Government expense to the 
individuals who are the designated individuals of a member during that 
period.
    ``(B) If the Secretary concerned has waived the limitation in 
paragraph (1) on the number of designated individuals for a member, 
then for any 60-day period during which the waiver is in effect, the 
limitation in subparagraph (A) shall be adjusted accordingly.
    ``(C) During any period during which there is in effect a non-
medical attendant designation for a member, not more than a total of 
two round trips may be provided under paragraph (1) in any 60-day 
period at Government expense until a non-medical attendant is no longer 
designated or that designation transfers to another individual, in 
which case during the transfer period three round trips may be 
provided.''.
    (e) Stylistic and Conforming Amendments.--Such section is further 
amended--
            (1) in subsection (a), by inserting ``Travel and 
        Transportation Authorized.--'' after ``(a)'';
            (2) in subsection (b), by inserting ``Definitions.--'' 
        after ``(b)'';
            (3) in subsection (c)--
                    (A) by inserting ``Round Trip Transportation and 
                Per Diem Allowance.--'' after ``(c)''; and
                    (B) in paragraph (1), by striking ``family member'' 
                and inserting ``designated individual''; and
            (4) in subsection (d), by inserting ``Method of 
        Transportation Authorized.--'' after ``(d)''.
    (f) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 411h. Travel and transportation allowances: transportation of 
              designated individuals incident to hospitalization of 
              members for treatment of wounds, illness, or injury''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 7 of such title is amended by striking the 
        item relating to section 411h and 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.''.
    (g) Conforming Amendment to Wounded Warrior Act.--Paragraph (4) of 
section 1602 of the Wounded Warrior Act (title XVI of Public Law 110-
181; 10 U.S.C. 1071 note) is amended to read as follows:
            ``(4) Eligible family member.--(A) The term `eligible 
        family member' means a family member who is on invitational 
        travel orders or serving as a non-medical attendee while caring 
        for a recovering service member for more than 45 days during a 
        one-year period.
            ``(B) For purposes of subparagraph (A), the term `family 
        member', with respect to a recovering service member, means the 
        following:
                    ``(i) The member's spouse.
                    ``(ii) Children of the member (including 
                stepchildren, adopted children, and illegitimate 
                children).
                    ``(iii) Parents of the member or persons in loco 
                parentis to the member, including fathers and mothers 
                through adoption and persons who stood in loco parentis 
                to the member for a period not less than 1 year 
                immediately before the member entered the uniformed 
                service, except that only one father and one mother or 
                their counterparts in loco parentis may be recognized 
                in any one case.
                    ``(iv) Siblings of the member. Such term includes a 
                person related to the member as described in clause 
                (i), (ii), (iii), or (iv) who is also a member of the 
                uniformed services.''.
    (h) Applicability of Amendments.--No reimbursement may be provided 
under section 411h of title 37, United States Code, by reason of the 
amendments made by this section for travel and transportation costs 
incurred before the date of the enactment of this Act.

SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-
              MEDICAL ATTENDANTS FOR VERY SERIOUSLY AND SERIOUSLY 
              WOUNDED, ILL, OR INJURED MEMBERS.

    (a) Payment of Travel Costs Authorized.--
            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 411j the following new 
        section:
``Sec. 411k. Travel and transportation allowances: non-medical 
              attendants for members who are determined to be very 
              seriously or seriously wounded, ill, or injured
    ``(a) Allowance for Non-medical Attendant.--(1) Under uniform 
regulations prescribed by the Secretaries concerned, travel and 
transportation described in subsection (d) may be provided for a 
qualified non-medical attendant for a covered member of the uniformed 
services described in subsection (c) if the attending physician or 
surgeon and the commander or head of the military medical facility 
exercising control over the member determine that the presence of such 
an attendant may contribute to the member's health and welfare.
    ``(b) Qualified Non-medical Attendant.--For purposes of this 
section, a qualified non-medical attendant, with respect to a covered 
member, is an individual who--
            ``(1) is designated by the member to be a non-medical 
        attendant for the member for purposes of this section; and
            ``(2) is determined by the attending physician or surgeon 
        and the commander or head of the military medical facility to 
        be appropriate to serve as a non-medical attendant for the 
        member and whose presence may contribute to the health and 
        welfare of the member.
    ``(c) Covered Members.--A member of the uniformed services covered 
by this section is a member who--
            ``(1) as a result of a wound, illness, or injury, has been 
        determined by the attending physician or surgeon to be in the 
        category known as `very seriously wounded, ill, or injured' or 
        `seriously wounded, ill, or injured'; and
            ``(2) is hospitalized for treatment of the wound, illness, 
        or injury or requires continuing outpatient treatment for the 
        wound, illness, or injury.
    ``(d) Authorized Travel and Transportation.--(1) The transportation 
authorized by subsection (a) for a qualified non-medical attendant for 
a member is round-trip transportation between the home of the attendant 
and the location at which the member is receiving treatment and may 
include transportation, while accompanying the member, to any other 
location to which the member is subsequently transferred for further 
treatment. A designated non-medical attendant under this section may 
not also be a designated individual for travel and transportation 
allowances section 411h(a) of this title.
    ``(2) The transportation authorized by subsection (a) includes any 
travel necessary to obtain treatment for the member at the location to 
which the member is permanently assigned.
    ``(3) In addition to the transportation authorized by subsection 
(a), the Secretary concerned may provide a per diem allowance or 
reimbursement for the actual and necessary expenses of the travel, or a 
combination thereof, but not to exceed the rates established under 
section 404(d) of this title.
    ``(4) The transportation authorized by subsection (a) may be 
provided by any of the following means:
            ``(A) Transportation in-kind.
            ``(B) A monetary allowance in place of transportation in-
        kind at a rate to be prescribed by the Secretaries concerned.
            ``(C) Reimbursement for the commercial cost of 
        transportation.
    ``(5) An allowance payable under this subsection may be paid in 
advance.
    ``(6) Reimbursement payable under this subsection may not exceed 
the cost of Government-procured commercial round-trip air travel.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item related to section 411j the following new item:

``411k. Travel and transportation allowances: non-medical attendants 
                            for members determined to be very seriously 
                            or seriously wounded, ill, or injured.''.
    (b) Applicability.--No reimbursement may be provided under section 
411k of title 37, United States Code, as added by subsection (a), for 
travel and transportation costs incurred before the date of the 
enactment of this Act.

SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF BAGGAGE AND 
              HOUSEHOLD EFFECTS FOR CERTAIN ENLISTED MEMBERS.

    (a) Allowance.--The table in section 406(b)(1)(C) of title 37, 
United States Code, is amended by striking the items relating to pay 
grades E-5 through E-9 and 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''.
------------------------------------------------------------------------

    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2009.
    (c) Funding Source.--Of the amounts authorized to be appropriated 
to the Department of Defense for military personnel accounts for fiscal 
year 2010, not more than $31,000,000 shall be available to cover the 
additional costs incurred to implement the amendment made by subsection 
(a).

             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.

    (a) Recomputation of Retired Pay.--Section 12739 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(e)(1) If a member of the Retired Reserve is recalled to an 
active status in the Selected Reserve of the Ready Reserve under 
section 10145(d) of this title and completes not less than two years of 
service in such active status, the member is entitled to the 
recomputation under this section of the retired pay of the member.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant 
        general required under section 314 of title 32 or in a position 
        of assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least 6 months of service in such 
        position; and
            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position 
        is terminated or vacated as described in section 324(b) of 
        title 32.''.
    (b) Adjustment of Retired Grade.--Section 12771 of such title is 
amended--
            (1) by striking ``Unless'' and inserting ``(a) Grade on 
        Transfer.--Unless''; and
            (2) by adding at the end the following new subsection:
    ``(b) Effect of Subsequent Recall to Active Status.--(1) If a 
member of the Retired Reserve who is a commissioned officer is recalled 
to an active status in the Selected Reserve of the Ready Reserve under 
section 10145(d) of this title and completes not less than two years of 
service in such active status, the member is entitled to an adjustment 
in the retired grade of the member in the manner provided in section 
1370(d) of this title.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant 
        general required under section 314 of title 32 or in a position 
        of assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least 6 months of service in such 
        position; and
            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position 
        is terminated or vacated as described in section 324(b) of 
        title 32.''.
    (c) Retroactive Applicability.--The amendments made by this section 
shall take effect as of January 1, 2008.

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.

    (a) Election Authority; Requirements.--Subsection (a) of section 
12741 of title 10, United States Code, is amended to read as follows:
    ``(a) Authority to Elect to Receive Reserve Retired Pay.--(1) 
Notwithstanding the requirement in paragraph (4) of section 12731(a) of 
this title that a person may not receive retired pay under this chapter 
when the person is entitled, under any other provision of law, to 
retired pay or retainer pay, a person may elect to receive retired pay 
under this chapter, instead of receiving retired or retainer pay under 
chapter 65, 367, 571, or 867 of this title, if the person--
            ``(A) satisfies the requirements specified in paragraphs 
        (1) and (2) of such section for entitlement to retired pay 
        under this chapter;
            ``(B) served in an active status in the Selected Reserve of 
        the Ready Reserve after becoming eligible for retirement under 
        chapter 65, 367, 571, or 867 of this title (without regard to 
        whether the person actually retired or received retired or 
        retainer pay under one of those chapters); and
            ``(C) completed not less than two years of satisfactory 
        service (as determined by the Secretary concerned) in such 
        active status (excluding any period of active service).
    ``(2) The Secretary concerned may reduce the minimum two-year 
service requirement specified in paragraph (1)(C) in the case of a 
person who--
            ``(A) completed at least 6 months of service in a position 
        of adjutant general required under section 314 of title 32 or 
        in a position of assistant adjutant general subordinate to such 
        a position of adjutant general; and
            ``(B) failed to complete the minimum years of service 
        solely because the appointment of the person to such position 
        was terminated or vacated as described in section 324(b) of 
        title 32.''.
    (b) Actions to Effectuate Election.--Subsection (b) of such section 
is amended by striking paragraph (1) and inserting the following new 
paragraph:
            ``(1) terminate the eligibility of the person to retire 
        under chapter 65, 367, 571, or 867 of this title, if the person 
        is not already retired under one of those chapters, and 
        terminate entitlement of the person to retired or retainer pay 
        under one of those chapters, if the person was already 
        receiving retired or retainer pay under one of those chapters; 
        and''.
    (c) Conforming Amendment to Reflect New Variable Age Requirement 
for Retirement.--Subsection (d) of such section is amended--
            (1) in paragraph (1), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under section 12731(f) of this title''; and
            (2) in paragraph (2)(A), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under such section''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading for section 12741 of such 
        title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed in 
              the Selected Reserve of the Ready Reserve after 
              eligibility for regular retirement''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 1223 of such title is amended by striking 
        the item relating to section 12741 and inserting the following 
        new item:

``12741. Retirement for service in an active status performed in the 
                            Selected Reserve of the Ready Reserve after 
                            eligibility for regular retirement.''.
    (e) Retroactive Applicability.--The amendments made by this section 
shall take effect as of January 1, 2008.

    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.

    Section 2491a of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) of subsection (b) as 
        subsection (c) and, in such subsection (as so redesignated)--
                    (A) by inserting ``Regulations.--'' before ``The 
                Secretary''; and
                    (B) by striking ``this subsection'' and inserting 
                ``subsection (b)''; and
            (2) by inserting after paragraph (1) of subsection (b) the 
        following new paragraph:
    ``(2) Subsection (a) does not apply to the purchase, operation, or 
maintenance of equipment intended to ensure compliance with the 
Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).''.

SEC. 652. LIMITATION ON DEPARTMENT OF DEFENSE ENTITIES OFFERING 
              PERSONAL INFORMATION SERVICES TO MEMBERS AND THEIR 
              DEPENDENTS.

    (a) Imposition of Limitation.--Subchapter III of chapter 147 of 
title 10, United States Code, is amended by inserting after section 
2492 the following new section:
``Sec. 2492a. Limitation on Department of Defense entities competing 
              with private sector in offering personal information 
              services
    ``(a) Limitation.--Notwithstanding section 2492 of this title, the 
Secretary of Defense may not authorize a Department of Defense entity 
to offer or provide personal information services using Department 
resources, personnel, or equipment, or compete for contracts to provide 
such personal information services, if users will be charged a fee for 
the personal information services to recover the cost incurred to 
provide the services or to earn a profit.
    ``(b) Exceptions.--Subsection (a) shall not apply if the Secretary 
of Defense determines that--
            ``(1) a private sector vendor is not available to provide 
        the personal information services at specific locations; or
            ``(2) the interests of the user population would be best 
        served by allowing the Government to provide such services.
    ``(c) Personal Information Services Defined.--In this section, the 
term `personal information services' means the provision of Internet, 
telephone, or television services to consumers.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after section 2492 the 
following new item:

``2492a. Limitation on Department of Defense entities competing with 
                            private sector in offering personal 
                            information services.''.
    (c) Effect on Existing Contracts.--Section 2492a of title 10, 
United States Code, as added by subsection (a), does not affect the 
validity or terms of any contract for the provision of personal 
information services entered into before the date of the enactment of 
this Act.

SEC. 653. REPORT ON IMPACT OF PURCHASING FROM LOCAL DISTRIBUTORS ALL 
              ALCOHOLIC BEVERAGES FOR RESALE ON MILITARY INSTALLATIONS 
              ON GUAM.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report evaluating the impact of reimposing the 
requirement, effective for fiscal year 2008 pursuant to section 8073 of 
the Department of Defense Appropriations Act, 2008 (division A of 
Public Law 110-116; 121 Stat. 1331) but not extended for fiscal year 
2009, that all alcoholic beverages intended for resale on military 
installations on Guam be purchased from local sources.
    (b) Evaluation Requirements.--As part of the report, the 
Comptroller General shall specifically evaluate the following:
            (1) The rationale for and validity of the concerns of 
        nonappropriated funds activities over the one-year imposition 
        of the local-purchase requirement and the impact the 
        requirement had on alcohol resale prices.
            (2) The justification for the increase in the price of 
        alcoholic beverages for resale on military installations on 
        Guam.
            (3) The actions of the nonappropriated fund activities in 
        complying with the local purchase requirements for resale of 
        alcoholic beverages and their purchase of such affected 
        products before and after the effective date of provision of 
        law referred to in subsection (a).
            (4) The potential cost savings in transportation costs, 
        including use of second destination transportation funds, 
        accruing from the purchase of alcoholic beverages from local 
        distributors on Guam.
            (5) The ability of local distributors on Guam to meet 
        demands for stocks of certain alcoholic beverages in the event 
        that the local purchase requirement became permanent for Guam.
            (6) The consistency in application of the alcohol resale 
        requirement for nonappropriated fund activities on military 
        installations with regards to Department of Defense Instruction 
        1330.09 (or any successor to that instruction) and the methods 
        used to determine the resale price of alcoholic beverages.

                       Subtitle F--Other Matters

SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY AND 
              ALLOWANCES ERRONEOUSLY PAID TO MEMBERS.

    (a) Maximum Monthly Percentage of Member's Pay Authorized for 
Deduction.--Paragraph (3) of subsection (c) of section 1007 of title 
37, United States Code, is amended by striking ``20 percent'' and 
inserting ``10 percent''.
    (b) Consultation Regarding Deduction or Repayment Terms.--Such 
paragraph is further amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) In all cases described in subparagraph (A), the Secretary 
concerned shall consult with the member regarding the repayment rate to 
be imposed under such subparagraph to recover the indebtedness, taking 
into account the financial ability of the member to pay and avoiding 
the imposition of an undue hardship on the member and the member's 
dependents.''.
    (c) Delay in Instituting Collections From Wounded or Injured 
Members.--Paragraph (4) of such subsection is amended to read as 
follows:
    ``(4)(A) If a member of the uniformed services, while in the line 
of duty, is injured or wounded by hostile fire, explosion of a hostile 
mine, or any other hostile action, or otherwise incurs a wound, injury, 
or illness in a combat operation or combat zone designated by the 
President or the Secretary of Defense, any overpayment of pay or 
allowances made to the member while the member recovers from the wound, 
injury, or illness may not be deducted from the member's pay until--
            ``(i) the member is notified of the overpayment; and
            ``(ii) the later of the following occurs:
                    ``(I) The end of the 180-day period beginning on 
                the date of the completion of the tour of duty of the 
                member in the combat operation or combat zone.
                    ``(II) The end of the 90-day period beginning on 
                the date of the reassignment of the member from a 
                military treatment facility or other medical unit 
                outside of the theater of operations.
    ``(B) Subparagraph (A) shall not apply if the member, after 
receiving notification of the overpayment, requests or consents to 
initiation at an earlier date of the collection of the overpayment of 
the pay or allowances.''.
    (d) Five-year Deadline on Seeking Repayment.--Such subsection is 
further amended by adding at the end the following new paragraph:
    ``(5) The Secretary concerned may not deduct from the pay of a 
member of the uniformed services or otherwise recover, seek to recover, 
or assist in the recovery from a member or former member any 
overpayment of pay or allowances made to the member through no fault of 
the member unless the Secretary notifies the member of the indebtedness 
before the end of the five-year period beginning on the date on which 
the overpayment was made. If the notice is not provided before the end 
of such period, the Secretary concerned shall cancel the indebtedness 
of the member to the United States.''.
    (e) Expanded Discretion Regarding Remission or Cancellation of 
Indebtedness.--
            (1) Army.--Section 4837(a) of title 10, United States Code, 
        is amended by striking ``, but only if the Secretary considers 
        such action to be in the best interest of the United States.'' 
        and inserting ``if the Secretary determines that the person--
            ``(1) relies on social security benefits or disability 
        compensation under this title or title 38 (or a combination 
        thereof) for more than half of the person's annual income; or
            ``(2) would suffer an undue hardship in repaying the 
        indebtedness.''.
            (2) Naval service.--Section 6161(a) of such title is 
        amended by striking ``, but only if the Secretary considers 
        such action to be in the best interest of the United States.'' 
        and inserting ``if the Secretary determines that the person--
            ``(1) relies on social security benefits or disability 
        compensation under this title or title 38 (or a combination 
        thereof) for more than half of the person's annual income; or
            ``(2) would suffer an undue hardship in repaying the 
        indebtedness.''.
            (3) Air force.--Section 9837(a) of such title is amended by 
        striking ``, but only if the Secretary considers such action to 
        be in the best interest of the United States.'' and inserting 
        ``if the Secretary determines that the person--
            ``(1) relies on social security benefits or disability 
        compensation under this title or title 38 (or a combination 
        thereof) for more than half of the person's annual income; or
            ``(2) would suffer an undue hardship in repaying the 
        indebtedness.''.
    (f) Effective Date.--The amendments made by this section shall 
apply only with respect to an overpayment of pay or allowances made to 
a member of the uniformed services after the date of the enactment of 
this Act.

SEC. 662. ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT INCENTIVES.

    (a) Extension of Authority.--Subsection (i) of section 681 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public Law 
109-163; 119 Stat. 3321) is amended by striking ``December 31, 2009'' 
and inserting ``December 31, 2012''.
    (b) Limitation on Use of Authority.--Subsection (e) of such section 
is amended by inserting ``at the same time'' after ``provided''.

SEC. 663. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE 
              PROGRAM FOR CERTAIN PERIODS BEFORE IMPLEMENTATION OF 
              PROGRAM.

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

SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSATION, 
              RETIREMENT, AND OTHER MILITARY PERSONNEL PROGRAMS.

    It is the sense of Congress that members of the Armed Forces and 
their families and military retirees deserve ongoing recognition and 
support for their service and sacrifices on behalf of the United 
States, and Congress will continue to be vigilant in identifying 
appropriate direct spending offsets that can be used to address 
shortcoming within those military personnel programs that incur 
mandatory spending obligations.

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.

    Not later than 90 days after the date of the enactment of this Act, 
the Comptroller General shall submit to Congress a report on the costs 
incurred by cities and other municipalities that elect to cover the 
difference between--
            (1) an employee's military salary when that employee is a 
        member of a reserve component and called or ordered to active 
        duty; and
            (2) the municipal salary of the employee.

SEC. 666. POSTAL BENEFITS PROGRAM FOR SENDING FREE MAIL TO MEMBERS OF 
              THE ARMED FORCES SERVING IN CERTAIN OVERSEAS OPERATIONS 
              AND HOSPITALIZED MEMBERS.

    (a) Availability of Postal Benefits.--The Secretary of Defense, in 
consultation with the United States Postal Service, shall provide for a 
program under which postal benefits are provided during fiscal year 
2010 to qualified individuals in accordance with this section.
    (b) Qualified Individual.--In this section, the term ``qualified 
individual'' means a member of the Armed Forces described in subsection 
(a)(1) of section 3401 of title 39, United States Code, who is entitled 
to free mailing privileges under such section.
    (c) Postal Benefits Described.--
            (1) Vouchers.--The postal benefits provided under the 
        program shall consist of such coupons or other similar evidence 
        of credit (in this section referred to as a ``voucher'') to 
        permit a person possessing the voucher to make a qualified 
        mailing to any qualified individual without charge using the 
        Postal Service. The vouchers may be in printed, electronic, or 
        such other format as the Secretary of Defense, in consultation 
        with the Postal Service, shall determine to be appropriate.
            (2) Qualified mailing.--In this section, the term 
        ``qualified mailing'' means the mailing of a single mail piece 
        which--
                    (A) is first-class mail (including any sound- or 
                video-recorded communication) not exceeding 13 ounces 
                in weight and having the character of personal 
                correspondence or parcel post not exceeding 15 pounds 
                in weight;
                    (B) is sent from within an area served by a United 
                States post office; and
                    (C) is addressed to any qualified individual.
            (3) Coordination rule.--Postal benefits under the program 
        are in addition to, and not in lieu of, any reduced rates of 
        postage or other similar benefits which might otherwise be 
        available by or under law, including any rates of postage 
        resulting from the application of section 3401(b) of title 39, 
        United States Code.
    (d) Number of Vouchers.--A member of the Armed Forces shall be 
eligible for one voucher for every month (or part of a month) during 
fiscal year 2010 in which the member is a qualified individual. Subject 
to subsection (f)(2), a voucher earned during fiscal year 2010 may be 
used after the end of such fiscal year.
    (e) Transfer of Vouchers.--A qualified individual may transfer a 
voucher to a member of the family of the qualified individual, a 
nonprofit organization, or any other person selected by the qualified 
individual for use to send qualified mailings to the qualified 
individual or other qualified individuals.
    (f) Limitations on Use; Duration.--A voucher may not be used--
            (1) for more than one qualified mailing, whether that 
        mailing is a first-class letter or a parcel; or
            (2) after the expiration date of the voucher, as designated 
        by the Secretary of Defense.
    (g) Regulations.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense (in consultation with 
the Postal Service) shall prescribe such regulations as may be 
necessary to carry out the program, including--
            (1) procedures by which vouchers will be provided or made 
        available in timely manner to qualified individuals; and
            (2) procedures to ensure that the number of vouchers 
        provided or made available with respect to any qualified 
        individual complies with subsection (d).
    (h) Transfers of Funds to Postal Service.--
            (1) Based on estimates.--The Secretary of Defense shall 
        transfer to the Postal Service, out of amounts available to 
        carry out the program and in advance of each calendar quarter 
        during which postal benefits may be used under the program, an 
        amount equal to the amount of postal benefits that the 
        Secretary estimates will be used during such quarter, reduced 
        or increased (as the case may be) by any amounts by which the 
        Secretary finds that a determination under this subsection for 
        a prior quarter was greater than or less than the amount 
        finally determined for such quarter.
            (2) Based on final determination.--A final determination of 
        the amount necessary to correct any previous determination 
        under this section, and any transfer of amounts between the 
        Postal Service and the Department of Defense based on that 
        final determination, shall be made not later than 6 months 
        after the expiration date of the final vouchers issued under 
        the program.
            (3) Consultation required.--All estimates and 
        determinations under this subsection of the amount of postal 
        benefits under the program used in any period shall be made by 
        the Secretary of Defense in consultation with the Postal 
        Service.
    (i) Funding.--
            (1) Funding source and limitation.--In addition to the 
        amounts authorized to be appropriated in section 301(1) for 
        operation and maintenance for Army for fiscal year 2010, 
        $50,000,000 is authorized to be appropriated for postal 
        benefits provided in the this section.
            (2) Offsetting reduction.--Funds authorized to be 
        appropriated in section 301 in fiscal year 2010 for operation 
        and maintenance are reduced as follows:
                    (A) For operation and maintenance for the Army, 
                Army Claims is reduced by $10,000,000.
                    (B) For operation and maintenance for the Navy, 
                System-Wide Navy Communications is reduced by 
                $10,000,000.
                    (C) For operation and maintenance for the Air 
                Force, System-Wide Air Force Communications is reduced 
                by $30,000,000.

                   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.
                          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.

              Subtitle A--Improvements to Health Benefits

SEC. 701. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL 
              POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.

    (a) Prohibition.--The Secretary of a military department may not 
convert any military medical or dental position to a civilian medical 
or dental position on or after October 1, 2007.
    (b) Restoration of Certain Positions to Military Positions.--In the 
case of any military medical or dental position that is converted to a 
civilian medical or dental position during the period beginning on 
October 1, 2004, and ending on September 30, 2008, if the position is 
not filled by a civilian by September 30, 2008, the Secretary of the 
military department concerned shall restore the position to a military 
medical or dental position that may be filled only by a member of the 
Armed Forces who is a health professional.
    (c) Definitions.--In this section:
            (1) The term ``military medical or dental position'' means 
        a position for the performance of health care functions (or 
        coded to work within a military treatment facility) within the 
        Armed Forces held by a member of the Armed Forces.
            (2) The term ``civilian medical or dental position'' means 
        a position for the performance of health care functions within 
        the Department of Defense held by an employee of the Department 
        or of a contractor of the Department.
            (3) The term ``conversion'', with respect to a military 
        medical or dental position, means a change of the position to a 
        civilian medical or dental position, effective as of the date 
        of the manning authorization document of the military 
        department making the change (through a change in designation 
        from military to civilian in the document, the elimination of 
        the listing of the position as a military position in the 
        document, or through any other means indicating the change in 
        the document or otherwise).
    (d) Repeal.--Section 721 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 198; 10 U.S.C. 129c 
note) is repealed.

SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.

    (a) Requirement for Chiropractic Care.--Subject to such regulations 
as the Secretary of Defense may prescribe, the Secretary shall provide 
chiropractic services for members of the uniformed services who are 
entitled to care under section 1074(a) of title 10, United States Code. 
Such chiropractic services may be provided only by a doctor of 
chiropractic.
    (b) Demonstration Projects.--The Secretary of Defense may conduct 
one or more demonstration projects to provide chiropractic services to 
deployed members of the uniformed services. Such chiropractic services 
may be provided only by a doctor of chiropractic.
    (c) Definitions.--In this section:
            (1) The term ``chiropractic services''--
                    (A) includes diagnosis (including by diagnostic X-
                ray tests), evaluation and management, and therapeutic 
                services for the treatment of a patient's health 
                condition, including neuromusculoskeletal conditions 
                and the subluxation complex, and such other services 
                determined appropriate by the Secretary and as 
                authorized under State law; and
                    (B) does not include the use of drugs or surgery.
            (2) The term ``doctor of chiropractic'' means only a doctor 
        of chiropractic who is licensed as a doctor of chiropractic, 
        chiropractic physician, or chiropractor by a State, the 
        District of Columbia, or a territory or possession of the 
        United States.

SEC. 703. EXPANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE DENTAL 
              PROGRAM.

    Paragraph (3) of section 1076a(k) of title 10, United States Code, 
is amended to read as follows:
    ``(3) Such term does not include a dependent by reason of paragraph 
(2) after the end of the three-year period beginning on the date of the 
member's death, except that, in the case of a dependent of the deceased 
who is described by subparagraph (D) or (I) of section 1072(2) of this 
title, the period of continued eligibility shall be the longer of the 
following periods beginning on such date:
            ``(A) Three years.
            ``(B) The period ending on the date on which such dependent 
        attains 21 years of age.
            ``(C) In the case of such dependent who, at 21 years of 
        age, is enrolled in a full-time course of study in a secondary 
        school or in a full-time course of study in an institution of 
        higher education approved by the administering Secretary and 
        was, at the time of the member's death, in fact dependent on 
        the member for over one-half of such dependent's support, the 
        period ending on the earlier of the following dates:
                    ``(i) The date on which such dependent ceases to 
                pursue such a course of study, as determined by the 
                administering Secretary.
                    ``(ii) The date on which such dependent attains 23 
                years of age.''.

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.

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

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

SEC. 705. COOPERATIVE HEALTH CARE AGREEMENTS BETWEEN MILITARY 
              INSTALLATIONS AND NON-MILITARY HEALTH CARE SYSTEMS.

    (a) Authority.--The Secretary of Defense may establish cooperative 
health care agreements between military installations and local or 
regional health care systems.
    (b) Requirements.--In establishing such agreements, the Secretary 
shall--
            (1) consult with--
                    (A) the Secretaries of the military departments;
                    (B) representatives from the military installation 
                selected for the agreement, including the TRICARE 
                managed care support contractor with responsibility for 
                such installation; and
                    (C) Federal, State, and local government officials;
            (2) identify and analyze health care services available in 
        the area in which the military installation is located, 
        including such services available at a military medical 
        treatment facility or in the private sector (or a combination 
        thereof);
            (3) determine the cost avoidance or savings resulting from 
        innovative partnerships between the Department of Defense and 
        the private sector; and
            (4) determine the opportunities for and barriers to 
        coordinating and leveraging the use of existing health care 
        resources, including such resources of Federal, State, local, 
        and private entities.
    (c) Annual Reports.--Not later than December 31 of each year an 
agreement entered into under this section is in effect, the Secretary 
shall submit to the congressional defense committees a report on each 
such agreement. Each report shall include, at a minimum, the following:
            (1) A description of the agreement.
            (2) Any cost avoidance, savings, or increases as a result 
        of the agreement.
            (3) A recommendation for continuing or ending the 
        agreement.
    (d) Rule of Construction.--Nothing in this section shall be 
construed as authorizing the provision of health care services at 
military medical treatment facilities or other facilities of the 
Department of Defense to individuals who are not otherwise entitled or 
eligible for such services under chapter 55 of title 10, United States 
Code.

SEC. 706. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS.

    (a) In General.--Subsection (d) of section 1074 of title 10, United 
States Code, is amended to read as follows:
    ``(d)(1) For the purposes of this chapter, a member of a reserve 
component of the armed forces who is issued or covered by a delayed-
effective-date active-duty order or an official notification shall be 
treated as being on active duty for a period of more than 30 days 
beginning on the later of the following dates:
            ``(A) The earlier of the date that is--
                    ``(i) the date of the issuance of such order; or
                    ``(ii) the date of the issuance of such official 
                notification.
            ``(B) The date that is 180 days before the date on which 
        the period of active duty is to commence under such order or 
        official notification for that member.
    ``(2) In this subsection:
            ``(A) The term `delayed-effective-date active-duty order' 
        means an order to active duty for a period of more than 30 days 
        in support of a contingency operation under a provision of law 
        referred to in section 101(a)(13)(B) of this title that 
        provides for active-duty service to begin under such order on a 
        date after the date of the issuance of the order.
            ``(B) The term `official notification' means a memorandum 
        from the Secretary concerned that notifies a unit or a member 
        of a reserve component of the armed forces that such unit or 
        member shall receive a delayed-effective-date active-duty 
        order.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to a delayed-effective-date active-duty order or official 
notification issued on or after the date of the enactment of this Act.

SEC. 707. NATIONAL CASUALTY CARE RESEARCH CENTER.

    (a) Designation.--Not later than October 1, 2010, the Secretary of 
Defense shall designate a center to be known as the ``National Casualty 
Care Research Center'' (in this section referred to as the ``Center''), 
which shall consist of the program known as combat casualty care of the 
Army Medical Research and Materiel Command.
    (b) Director.--The Secretary shall appoint a director of the 
Center.
    (c) Activities of the Center.--In addition to other functions 
performed by the combat casualty care program, the Center shall--
            (1) provide a public-private partnership for funding 
        clinical trials and clinical research in combat injury;
            (2) integrate basic and clinical research from both 
        military and civilian populations to accelerate improvements to 
        trauma care;
            (3) ensure that data from both military and civilian 
        entities, including the Joint Theater Trauma Registry and the 
        National Trauma Data Bank, are optimally used to establish 
        research strategies and measure improvements in outcomes;
            (4) fund the full range of injury research and evaluation, 
        including--
                    (A) basic, translational, and clinical research;
                    (B) point of injury and pre-hospital care;
                    (C) early resuscitative management;
                    (D) initial and definitive surgical care; and
                    (E) rehabilitation and reintegration into society; 
                and
            (5) coordinate the collaboration of military and civilian 
        institutions conducting trauma research.
    (d) Authorization.--In addition to any other funds authorized to be 
appropriated for the combat casualty care program of the Army Medical 
Research and Materiel Command, there is hereby authorized to be 
appropriated to the Secretary $1,000,000 for fiscal year 2010 for the 
purpose of carrying out activities under this section.

SEC. 708. NOTIFICATION OF MEMBERS OF THE ARMED FORCES OF EXPOSURE TO 
              POTENTIALLY HARMFUL MATERIALS AND CONTAMINANTS.

    (a) Notification Required.--In the case of a member of the Armed 
Forces who is exposed to a potentially harmful material or contaminant, 
as determined by the Secretary of Defense, the Secretary shall, as soon 
as possible, notify the member, and in the case of a member of a 
reserve component, the State military department of the member, of the 
member's exposure to such material or contaminant and any health risks 
associated with exposure to such material or contaminant.
    (b) In-theater Notification.--If the Secretary of Defense 
determines that a member of the Armed Forces has been exposed to a 
potentially harmful material or contaminant while that member is 
deployed, the Secretary shall notify the member of such exposure under 
subsection (a) while that member is so deployed.

SEC. 709. POST-DEPLOYMENT MENTAL HEALTH SCREENING DEMONSTRATION 
              PROJECT.

    (a) Demonstration Project Required.--The Secretary of Defense shall 
conduct a demonstration project to assess the feasibility and efficacy 
of providing a member of the Armed Forces with a post-deployment mental 
health screening that is conducted in person by a mental health 
provider.
    (b) Elements.--The demonstration project shall include, at a 
minimum, the following elements:
            (1) A combat stress evaluation conducted in person by a 
        qualified mental health professional not later than 120 to 180 
        days after the date on which the member returns from combat 
        theater.
            (2) Follow-ups by a case manager (who may or may not be 
        stationed at the same military installation as the member) 
        conducted by telephone at the following intervals after the 
        initial post-deployment screening:
                    (A) Six months.
                    (B) 12 months.
                    (C) 18 months.
                    (D) 24 months.
    (c) Requirements of Combat Stress Evaluation.--The combat stress 
evaluation required by subsection (b)(1) shall be designed to--
            (1) provide members of the Armed Forces with an objective 
        mental health and traumatic brain injury standard to screen for 
        suicide risk factors;
            (2) ease post-deployment transition by allowing members to 
        be honest in their assessments;
            (3) battle the stigma of depression and mental health 
        problems among members and veterans; and
            (4) ultimately reduce the prevalence of suicide among 
        veterans of Operation Iraqi Freedom and Operation Enduring 
        Freedom.
    (d) Consultation.--The Secretary of Defense shall develop the 
demonstration project in consultation with the Secretary of Veterans 
Affairs and the Secretary of Health and Human Services. The Secretary 
of Defense may also coordinate the program with any accredited college, 
university, hospital-based or community-based mental health center the 
Secretary considers appropriate.
    (e) Selection of Military Installation.--The demonstration project 
shall be conducted at two military installations, one active duty and 
one reserve component demobilization station, selected by the Secretary 
of Defense. The installations selected shall have members of the Armed 
Forces on active duty and members of the reserve components that use 
the installation as a training and operating base, with members 
routinely deploying in support of operations in Iraq, Afghanistan, and 
other assignments related to the global war on terrorism.
    (f) Personnel Requirements.--The Secretary of Defense shall ensure 
an adequate number of the following personnel in the program:
            (1) Qualified mental health professionals that are licensed 
        psychologists, psychiatrists, psychiatric nurses, licensed 
        professional counselors, or clinical social workers.
            (2) Suicide prevention counselors.
    (g) Timeline.--
            (1) The demonstration project required by this section 
        shall be implemented not later than September 30, 2010.
            (2) Authority for this demonstration project shall expire 
        on September 30, 2012.
    (h) Reports.--The Secretary of Defense shall submit to the 
congressional defense committees--
            (1) a plan to implement the demonstration project, 
        including site selection and criteria for choosing the site, 
        not later than June 1, 2010;
            (2) an interim report every 180 days thereafter; and
            (3) a final report detailing the results not later than 
        January 1, 2013.

SEC. 710. REPORT ON JOINT VIRTUAL LIFETIME ELECTRONIC RECORD.

    Not later than December 31, 2009, the Secretary of Defense, in 
coordination with the Secretary of Veterans Affairs, shall submit to 
Congress a report on the progress that has been made on the 
establishment, announced by the President on April 9, 2009, of a Joint 
Virtual Lifetime Electronic Record for members of the Armed Forces to 
improve the quality of medical care and create a seamless integration 
between the Department of Defense and the Department of Veterans 
Affairs. The report shall--
            (1) explain what steps compose the Secretaries' plan to 
        fully achieve the establishment of the seamless record system 
        between the two departments;
            (2) identify any unforeseen obstacles that have arisen that 
        may require legislative action; and
            (3) explain how the plan relates to the mandate in section 
        1635 of the National Defense Authorization Act for Fiscal Year 
        2008 (Public Law 110-181; 10 U.S.C. 1071 note) that the 
        Secretary of Defense and the Secretary of the Department of 
        Veterans Affairs jointly develop and implement, by September 
        30, 2009, electronic health record systems or capabilities that 
        allow for full interoperability of personal health care 
        information between the Department of Defense and the 
        Department of Veterans Affairs.

SEC. 710A. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE.

    (a) Findings.--Congress finds that veterans who are members of the 
Individual Ready Reserve (in this section referred to as the ``IRR'') 
and are not assigned to units that muster regularly and have an 
established support structure are less likely to be helped by existing 
suicide prevention programs run by the Secretary of Defense and the 
Secretary of Veterans Affairs.
    (b) In General.--The Secretary of Defense shall ensure that all 
covered members receive a counseling call from properly trained 
personnel not less than once every 90 days so long as the member 
remains a member of the IRR.
    (c) Personnel.--In carrying out this section, the Secretary shall 
ensure the following:
            (1) Personnel conducting calls determine the emotional, 
        psychological, medical, and career needs and concerns of the 
        covered member.  
            (2) Any covered member identified as being at-risk of self-
        caused harm is referred to the nearest military medical 
        treatment facility or accredited TRICARE provider for immediate 
        evaluation and treatment by a qualified mental health care 
        provider.
            (3) If a covered member is identified under paragraph (2), 
        the Secretary shall confirm that the member has received the 
        evaluation and any necessary treatment.  
    (d) Report.--Not later than January 31 of each year, beginning in 
2010, the Secretary shall submit to Congress a report on the number of 
IRR members not assigned to units who have been referred for counseling 
or mental health treatment, as well as the health and career status of 
such members.
    (e) Covered Member Defined.--In this section, a ``covered member'' 
is a member of the Individual Ready Reserve who has completed at least 
one tour in either Iraq or Afghanistan.

SEC. 710B. TREATMENT OF AUTISM UNDER TRICARE.

    (a) In General.--Section 1077 of title 10, United States Code, is 
amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(18) In accordance with subsection (g), treatment of 
        autism spectrum disorders.''; and
            (2) by adding at the end the following new subsection:
    ``(g)(1) For purposes of subsection (a)(18), and to the extent that 
appropriated funds are available for the purposes of this subsection, 
treatment of autism spectrum disorders shall be provided if a health 
care professional determines that the treatment is medically necessary. 
Such treatment shall include the following:
            ``(A) Habilitative or rehabilitative care.
            ``(B) Pharmaceutical agents.
            ``(C) Psychiatric care.
            ``(D) Psychological care.
            ``(E) Speech therapy.
            ``(F) Occupational therapy.
            ``(G) Physical therapy.
            ``(H) Group therapy, if a health care professional 
        determines it necessary to develop, maintain, or restore the 
        skills of the beneficiary.
            ``(I) Any other care or treatment that a health care 
        professional determines medically necessary.
    ``(2) Beneficiaries under the age of five who have developmental 
delays and are considered at-risk for autism may not be denied access 
to treatment described by paragraph (1) if a health care professional 
determines that the treatment is medically necessary.
    ``(3) The Secretary may not consider the use of applied behavior 
analysis or other structured behavior programs under this section to be 
special education for purposes of section 1079(a)(9) of this title.
    ``(4) In carrying out this subsection, the Secretary shall ensure 
that--
            ``(A) a person who is authorized to provide applied 
        behavior analysis or other structured behavior programs is 
        licensed or certified by a state, the Behavior Analyst 
        Certification Board, or other accredited national certification 
        board; and
            ``(B) if applied behavior analysis or other structured 
        behavior program is provided by an employee or contractor of a 
        person authorized to provide such treatment, the employee or 
        contractor shall meet minimum qualifications, training, and 
        supervision requirements consistent with business best 
        practices in the field of behavior analysis and autism 
        services.
    ``(5)(A) This subsection shall not apply to a medicare-eligible 
beneficiary.
    ``(B) Except as provided in subparagraph (A), nothing in this 
subsection shall be construed as limiting or otherwise affecting the 
benefits provided to a medicare-eligible beneficiary under--
            ``(i) this chapter;
            ``(ii) part A of title XVIII of the Social Security Act (42 
        U.S.C. 1395c et seq.); or
            ``(iii) any other law.
    ``(6) In this section:
            ``(A) The term `autism spectrum disorders' includes 
        autistic disorder, Asperger's syndrome, and any of the 
        pervasive developmental disorders as defined by the most recent 
        edition of the Diagnostic and Statistical Manual of Mental 
        Disorders.
            ``(B) The term `habilitative and rehabilitative care' 
        includes--
                    ``(i) professional counseling;
                    ``(ii) guidance service;
                    ``(iii) treatment programs, including not more than 
                40 hours per week of applied behavior analysis; and
                    ``(iv) other structured behavior programs that a 
                health care professional determines necessary to 
                develop, improve, maintain, or restore the functions of 
                the beneficiary.
            ``(C) The term `health care professional' has the meaning 
        given that term in section 1094(e)(2) of this title.
            ``(D) The term `medicare-eligible' has the meaning given 
        that term in section 1111(b) of this title.''.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall prescribe such 
regulations as may be necessary to carry out section 1077(a)(18) of 
title 10, United States Code, as added by subsection (a).
    (c) Funding.--
            (1) Funding increase.--The amount otherwise provided by 
        section 1403 for TRICARE funding is hereby increased by 
        $50,000,000 to provide funds to carry out section 1077(a)(18) 
        of title 10, United States Code, as added by subsection (a).
            (2) Offsetting reduction.--
                    (A) Reduce the amount of Operation and Maintenance, 
                Army, by $25,000,000, to be derived from the Service-
                wide Communications.
                    (B) Reduce the amount of Operation and Maintenance, 
                Navy, by $15,000,000, to be derived from Service-wide 
                Communications.
                    (C) Reduce the amount of Research Development Test 
                and Evaluation, by $10,000,000, to be derived from 
                Advanced Aerospace Systems Integrated Sensor IS 
                Structure, PE 68286E.

                          Subtitle B--Reports

SEC. 711. REPORT ON POST-TRAUMATIC STRESS DISORDER EFFORTS.

    (a) Report Required.--Not later than December 31, 2010, the 
Secretary of Defense and the Secretary of Veterans Affairs, in 
consultation with the Secretary of Health and Human Services, shall 
jointly submit to the appropriate committees a report on the treatment 
of post-traumatic stress disorder. The report shall include the 
following:
            (1) A list of each program and method available for the 
        prevention, screening, diagnosis, treatment, or rehabilitation 
        of post-traumatic stress disorder, including--
                    (A) the rates of success for each such program or 
                method (including an operational definition of the term 
                ``success'' and a discussion of the process used to 
                quantify such rates);
                    (B) the number of members of the Armed Forces and 
                veterans diagnosed by the Department of Defense or the 
                Department of Veterans Affairs as having post-traumatic 
                stress disorder and the number of such veterans who 
                have been successfully treated; and
                    (C) any collaborative efforts between the 
                Department of Defense and the Department of Veterans 
                Affairs to prevent, screen, diagnose, treat, or 
                rehabilitate post-traumatic stress disorder.
            (2) The status of studies and clinical trials involving 
        innovative treatments of post-traumatic stress disorder that 
        are conducted by the Department of Defense, the Department of 
        Veterans Affairs, or the private sector, including--
                    (A) efforts to identify physiological markers of 
                post-traumatic stress disorder;
                    (B) with respect to efforts to determine causation 
                of post-traumatic stress disorder, brain imaging 
                studies and the correlation between brain region 
                atrophy and post-traumatic stress disorder diagnoses 
                and the results (including any interim results) of such 
                efforts;
                    (C) the effectiveness of alternative therapies in 
                the treatment of post-traumatic stress disorder, 
                including the therapeutic use of animals;
                    (D) the effectiveness of administering 
                pharmaceutical agents before, during, or after a 
                traumatic event in the prevention and treatment of 
                post-traumatic stress disorder; and
                    (E) identification of areas in which the Department 
                of Defense and the Department of Veterans Affairs may 
                be duplicating studies, programs, or research with 
                respect to post-traumatic stress disorder.
            (3) A description of each treatment program for post-
        traumatic stress disorder, including a comparison of the 
        methods of treatment by each program, at the following 
        locations:
                    (A) Fort Hood, Texas.
                    (B) Fort Bliss, Texas.
                    (C) Fort Campbell, Tennessee.
                    (D) Other locations the Secretary of Defense 
                considers appropriate.
            (4) The respective annual expenditure by the Department of 
        Defense and the Department of Veterans Affairs for the 
        treatment and rehabilitation of post-traumatic stress disorder.
            (5) A description of gender-specific and racial and ethnic 
        group-specific mental health treatment and services available 
        for members of the Armed Forces, including--
                    (A) the availability of such treatment and 
                services;
                    (B) the access to such treatment and services;
                    (C) the need for such treatment and services; and
                    (D) the efficacy and adequacy of such treatment and 
                services.
            (6) A description of areas for expanded future research 
        with respect to post-traumatic stress disorder.
            (7) Any other matters the Secretaries consider relevant.
    (b) Updated Report Required.--Not later than December 31, 2012, the 
Secretary of Defense and the Secretary of Veterans Affairs, in 
consultation with the Secretary of Health and Human Services, shall 
jointly submit to the appropriate committees an update of the report 
required by subsection (a).
    (c) Appropriate Committees Defined.--In this section, the term 
``appropriate committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Veterans' Affairs, and the 
        Committee on Energy and Commerce of the House of 
        Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Veterans' Affairs, and the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate.

SEC. 712. REPORT ON THE FEASIBILITY OF TRICARE PRIME IN CERTAIN 
              COMMONWEALTHS AND TERRITORIES OF THE UNITED STATES.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
examining the feasibility and cost-effectiveness of offering TRICARE 
Prime in each of the following locations:
            (1) American Samoa.
            (2) Guam.
            (3) The Commonwealth of the Northern Mariana Islands.
            (4) The Commonwealth of Puerto Rico.
            (5) The Virgin Islands.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report on the study.
    (c) TRICARE Prime Defined.--In this section, the term ``TRICARE 
Prime'' has the meaning given that term in section 1097a(f)(1) of title 
10, United States Code.

SEC. 713. REPORT ON THE HEALTH CARE NEEDS OF MILITARY FAMILY MEMBERS.

    (a) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the health care needs of 
dependents (as defined in section 1072(2) of title 10, United States 
Code). The report shall include, at a minimum, the following:
            (1) With respect to both the direct care system and the 
        purchased care system, an analysis of the type of health care 
        facility in which dependents seek care.
            (2) The 10 most common medical conditions for which 
        dependents seek care.
            (3) The availability of and access to health care providers 
        to treat the conditions identified under paragraph (2), both in 
        the direct care system and the purchased care system.
            (4) Any shortfalls in the ability of dependents to obtain 
        required health care services.
            (5) Recommendations on how to improve access to care for 
        dependents.
            (6) With respect to dependents accompanying a member 
        stationed at a military installation outside of the United 
        States, the need for and availability of mental health care 
        services.
    (b) Pilot Program.--
            (1) Elements.--The Secretary of the Army shall carry out a 
        pilot program on the mental health care needs of military 
        children and adolescents. In carrying out the pilot program, 
        the Secretary shall establish a center to--
                    (A) develop teams to train primary care managers in 
                mental health evaluations and treatment of common 
                psychiatric disorders affecting children and 
                adolescents;
                    (B) develop strategies to reduce barriers to 
                accessing behavioral health services and encourage 
                better use of the programs and services by children and 
                adolescents; and
                    (C) expand the evaluation of mental heath care 
                using common indicators, including--
                            (i) psychiatric hospitalization rates;
                            (ii) non-psychiatric hospitalization rates; 
                        and
                            (iii) mental health relative value units.
            (2) Reports.--
                    (A) Interim report.--Not later than 90 days after 
                establishing the pilot program, the Secretary of the 
                Army shall submit to the congressional defense 
                committees a report describing the--
                            (i) structure and mission of the program; 
                        and
                            (ii) the resources allocated to the 
                        program.
                    (B) Final report.--Not later than September 30, 
                2012, the Secretary of the Army shall submit to the 
                congressional defense committees a report that 
                addresses the elements described under paragraph (1).

SEC. 714. REPORT ON STIPENDS FOR MEMBERS OF RESERVE COMPONENTS FOR 
              HEALTH CARE FOR CERTAIN DEPENDENTS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on stipends paid under section 704 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 188; 10 U.S.C. 1076 note). The report shall include--
            (1) the number of stipends paid;
            (2) the amount of the average stipend; and
            (3) the number of members who received such stipends.

SEC. 715. REPORT ON THE REQUIRED NUMBER OF MILITARY MENTAL HEALTH 
              PROVIDERS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the appropriate number of military mental health 
providers required to meet the mental health care needs of members of 
the Armed Forces, retired members, and dependents. The report shall 
include, at a minimum, the following:
            (1) An evaluation of the recommendation titled ``Ensure an 
        Adequate Supply of Uniformed Providers'' made by the Department 
        of Defense Task Force on Mental Health established by section 
        723 of the National Defense Authorization Act for Fiscal Year 
        2006 (Public Law 109-163; 119 Stat. 3348).
            (2) The criteria and models used to determine the 
        appropriate number of military mental health providers.
            (3) A plan for how the Secretary of Defense will achieve 
        the appropriate number of military mental health providers, 
        including timelines, budgets, and any additional legislative 
        authority the Secretary determines is required for such plan.

SEC. 716. REPORT ON RURAL ACCESS TO HEALTH CARE.

    The Secretary of Defense shall submit to the congressional defense 
committees a report on the health care of rural members of the Armed 
Forces and individuals who receive health care under chapter 55 of 
title 10, United States. The report shall include recommendations of 
resources or legislation the Secretary determines necessary to improve 
access to health care for such individuals.

  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.
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.

             Subtitle A--Acquisition Policy and Management

SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED 
              IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO 
              AFGHANISTAN; REPORT.

    (a) In General.--In the case of a product or service to be acquired 
in support of military or stability operations in Afghanistan for which 
the Secretary of Defense makes a determination described in subsection 
(b), the Secretary may conduct a procurement in which--
            (1) competition is limited to products or services that are 
        from one or more countries along a major route of supply to 
        Afghanistan; or
            (2) a preference is provided for products or services that 
        are from one or more countries along a major route of supply to 
        Afghanistan.
    (b) Determination.--A determination described in this subsection is 
a determination by the Secretary that--
            (1) the product or service concerned is to be used only by 
        personnel that ship goods, or provide support for shipping 
        goods, for military forces, police, or other security personnel 
        of Afghanistan, or for military or civilian personnel of the 
        United States, United States allies, or Coalition partners 
        operating in military or stability operations in Afghanistan;
            (2) it is in the national security interest of the United 
        States to limit competition or provide a preference as 
        described in subsection (a) because such limitation or 
        preference is necessary--
                    (A) to reduce overall United States transportation 
                costs and risks in shipping goods in support of 
                military or stability operations in Afghanistan;
                    (B) to encourage countries along a major route of 
                supply to Afghanistan to cooperate in expanding supply 
                routes through their territory in support of military 
                or stability operations in Afghanistan; or
                    (C) to help develop more robust and enduring routes 
                of supply to Afghanistan; and
            (3) limiting competition or providing a preference as 
        described in subsection (a) will not adversely affect--
                    (A) military or stability operations in 
                Afghanistan; or
                    (B) the United States industrial base.
    (c) Products, Services, and Sources From a Country Along a Major 
Route of Supply to Afghanistan.--For the purposes of this section:
            (1) A product is from a country along a major route of 
        supply to Afghanistan if it is mined, produced, or manufactured 
        in a covered country.
            (2) A service is from a country along a major route of 
        supply to Afghanistan if it is performed in a covered country 
        by citizens or permanent resident aliens of a covered country.
            (3) A source is from a country along a major route of 
        supply to Afghanistan if it--
                    (A) is located in a covered country; and
                    (B) offers products or services that are from a 
                covered country.
    (d) Covered Country Defined.--In this section, the term ``covered 
country'' means Georgia, Kyrgyzstan, Pakistan, Armenia, Azerbaijan, 
Kazakhstan, Tajikistan, Uzbekistan, or Turkmenistan.
    (e) Construction With Other Authority.--The authority provided in 
subsection (a) is in addition to the authority set forth in section 886 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note).
    (f) Termination of Authority.--The Secretary of Defense may not 
exercise the authority provided in subsection (a) on and after the date 
occurring 18 months after the date of the enactment of this Act.
    (g) Report on Authority.--Not later than April 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the use of the authority provided in subsection 
(a). The report shall address, at a minimum, following:
            (1) The number of determinations made by the Secretary 
        pursuant to subsection (b).
            (2) A description of the products and services acquired 
        using the authority.
            (3) The extent to which the use of the authority has met 
        the objectives of subparagraph (A), (B), or (C) of subsection 
        (b)(2).
            (4) A list of the countries providing products or services 
        as a result of a determination made pursuant to subsection (b).
            (5) Any recommended modifications to the authority.

SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING.

    (a) Assessment Required.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall provide for an independent 
assessment of improvements in the procurement and oversight of services 
by the Department of Defense. The assessment shall be conducted by a 
federally funded research and development center selected by the Under 
Secretary.
    (b) Matters Covered.--The assessment required by subsection (a) 
shall include the following:
            (1) An assessment of the quality and completeness of 
        guidance relating to the procurement of services, including 
        implementation of statutory and regulatory authorities and 
        requirements.
            (2) A determination of the extent to which best practices 
        are being developed for setting requirements and developing 
        statements of work.
            (3) A determination of whether effective standards to 
        measure performance have been developed.
            (4) An assessment of the effectiveness of peer reviews 
        within the Department of Defense of contracts for services and 
        whether such reviews are being conducted at the appropriate 
        dollar threshold.
            (5) An assessment of the management structure for the 
        procurement of services, including how the military departments 
        and Defense Agencies have implemented section 2330 of title 10, 
        United States Code.
            (6) A determination of whether the performance savings 
        goals required by section 802 of the National Defense 
        Authorization Act for Fiscal Year 2002 (10 U.S.C. 2330 note) 
        are being achieved.
            (7) An assessment of the effectiveness of the Acquisition 
        Center of Excellence for Services established pursuant to 
        section 1431(b) of the Services Acquisition Reform Act of 2003 
        (title XIV of Public Law 108-136; 117 Stat. 1671; 41 U.S.C. 405 
        note) and the feasibility of creating similar centers of 
        excellence in the military departments.
            (8) An assessment of the quality and sufficiency of the 
        acquisition workforce for the procurement and oversight of 
        services.
            (9) Such other related matters as the Under Secretary 
        considers appropriate.
    (c) Report.--Not later than March 10, 2010, the Under Secretary 
shall submit to the congressional defense committees a report on the 
results of the assessment, including such comments and recommendations 
as the Under Secretary considers appropriate.

SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR PROCUREMENT OF 
              CONTRACT SERVICES AND RELATED CLARIFYING TECHNICAL 
              AMENDMENTS.

    (a) Codification of Requirement for Specification of Amounts 
Requested for Procurement of Contract Services.--
            (1) In general.--Chapter 9 of title 10, United States Code, 
        is amended by inserting after section 235, as added by section 
        242(a) of this Act, the following new section:
``Sec. 236. Procurement of contract services: specification of amounts 
              requested in budget
    ``(a) Submission With Annual Budget Justification Documents.--The 
Secretary of Defense shall submit to the President, as a part of the 
defense budget materials for a fiscal year, information described in 
subsection (b) with respect to the procurement of contract services.
    ``(b) Information Provided.--For each budget account, the materials 
submitted shall clearly and separately identify--
            ``(1) the amount requested for the procurement of contract 
        services for each Department of Defense component, 
        installation, or activity;
            ``(2) the amount requested for each type of service to be 
        provided; and
            ``(3) the number of full-time contractor employees (or the 
        equivalent of full-time in the case of part-time contractor 
        employees) projected and justified for each Department of 
        Defense component, installation, or activity based on the 
        inventory of contracts for services required by subsection (c) 
        of section 2330a of this title and the review required by 
        subsection (e) of such section.
    ``(c) Definitions.--In this section:
            ``(1) The term `contract services'--
                    ``(A) means services from contractors; but
                    ``(B) excludes services relating to research and 
                development and services relating to military 
                construction.
            ``(2) The term `defense budget materials', with respect to 
        a fiscal year, means the materials submitted to the President 
        by the Secretary of Defense in support of the budget for that 
        fiscal year.
            ``(3) The term `budget', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``236. Procurement of contract services: specification of amounts 
                            requested in budget.''.
            (3) Repeal of superseded provision.--Section 806 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 10 U.S.C. 221 note) is repealed.
    (b) Clarification of Contract Services Review and Planning 
Requirements.--Section 2330a(e) of title 10, United States Code, is 
amended in paragraph (4) by inserting after ``plan'' the following: 
``and a contracts services requirements approval process''.

SEC. 804. DEMONSTRATION AUTHORITY FOR ALTERNATIVE ACQUISITION PROCESS 
              FOR DEFENSE INFORMATION TECHNOLOGY PROGRAMS.

    (a) Authority.--The Secretary of Defense may designate up to 10 
information technology programs annually to be included in a 
demonstration of an alternative acquisition process for rapidly 
acquiring information technology capabilities. In designating the 
programs, the Secretary may select any information technology program 
in any of the military departments or Defense Agencies that has 
received milestone A approval, but has not yet received milestone B 
approval.
    (b) Procedures.--The Secretary of Defense shall establish 
procedures for the exercise of the authority under subsection (a), 
including a process for measuring the effectiveness of the alternative 
acquisition process to be demonstrated. The Secretary of Defense shall 
notify the congressional defense committees of those procedures before 
any exercise of that authority.
    (c) Requirement to Pay Full Cost in Year of Delivery.--No contract 
to acquire an information technology system may be entered into using 
the authority under subsection (a) unless the funds for the full cost 
of such system are obligated or expended in the fiscal year of delivery 
of the system.
    (d) Annual Report.--By March 1 of each year, beginning March 1, 
2010, and ending March 1, 2016, the Secretary of Defense shall submit 
to the congressional defense committees a report on the activities 
carried out under the authority under subsection (a) during the 
preceding year. Each report shall include, at a minimum, the following:
            (1) A description of each information technology program in 
        the demonstration, including goals, funding, and military 
        department or Defense Agency sponsors.
            (2) A description of the methods for measuring the 
        effectiveness of the alternative acquisition process for each 
        information technology program in the demonstration.
            (3) Identification of any significant systemic or process 
        issues impeding the effectiveness of the alternative 
        acquisition process.
    (e) Period of Authority.--The authority under subsection (a) shall 
be in effect during each of fiscal years 2010 through 2015.

SEC. 805. LIMITATION ON PERFORMANCE OF PRODUCT SUPPORT INTEGRATOR 
              FUNCTIONS.

    (a) Limitation.--
            (1) In general.--Chapter 141 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2410r. Contractor sustainment support arrangements: limitation 
              on product support integrator functions
    ``(a) Limitation.--A product support integrator function for a 
covered major system may be performed only by a member of the armed 
forces or an employee of the Department of Defense.
    ``(b) Definitions.--In this section:
            ``(1) The term `product support integrator function' means 
        the function of integrating all sources of support for a major 
        system, both public and private, and includes the integration 
        of sustainment support arrangements at the level of the program 
        office responsible for sustainment of such system.
            ``(2) The term `covered major system' means a major system 
        for which a sustainment support arrangement is employed.
            ``(3) The term `sustainment support arrangement' means a 
        contract, task order, or other contractual arrangement for the 
        integration of sustainment or logistics support such as 
        materiel management, configuration management, data management, 
        supply, distribution, repair, overhaul, product improvement, 
        calibration, maintenance, readiness, reliability, availability, 
        mean down time, customer wait time, foot print reduction, 
        reduced ownership costs and other tasks normally performed as 
        part of the logistics support required for a major system. The 
        term includes any of the following arrangements:
                    ``(A) Contractor performance-based logistics.
                    ``(B) Contractor sustainment support.
                    ``(C) Contractor logistics support.
                    ``(D) Contractor life cycle product support.
                    ``(E) Contractor weapons system product support.
            ``(3) The term `major system' means that combination of 
        elements that will function together to produce the 
        capabilities required to fulfill a mission need as defined in 
        section 2302(d) this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding after the item 
        relating to section 2410q the following new item:

``2410r. Contractor sustainment support arrangements: limitation on 
                            product support integrator functions.''.
    (b) Effective Date.--Section 2410r of title 10, United States Code, 
as added by subsection (a), shall apply to contracts entered into after 
September 30, 2010.

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

SEC. 811. REVISION OF DEFENSE SUPPLEMENT RELATING TO PAYMENT OF COSTS 
              PRIOR TO DEFINITIZATION.

    (a) Requirement.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall revise the 
Defense Supplement to the Federal Acquisition Regulation to require 
that, if a clause relating to payment of costs prior to definitization 
of costs is included in a contract of the Department of Defense, the 
clause shall apply--
            (1) to the contract regardless of the type of contract; and
            (2) to each contractual action pursuant to the contract.
    (b) Contractual Action.--In this section, the term ``contractual 
action'' includes a task order or delivery order.

SEC. 812. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN IRAQ AND 
              AFGHANISTAN.

    (a) Revisions to Definition of Contract in Iraq or Afghanistan.--
Section 864(a)(2) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is 
amended--
            (1) by striking ``or a task order or delivery order at any 
        tier issued under such a contract'' and inserting ``a task 
        order or delivery order at any tier issued under such a 
        contract, a grant, or a cooperative agreement'';
            (2) by striking in the parenthetical ``or task order or 
        delivery order'' and inserting ``task order, delivery order, 
        grant, or cooperative agreement'';
            (3) by striking ``or task or delivery order'' after the 
        parenthetical and inserting ``task order, delivery order, 
        grant, or cooperative agreement''; and
            (4) by striking ``14 days'' and inserting ``30 days''.
    (b) Revision to Definition of Covered Contract.--Section 864(a)(3) 
of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302 note) is 
amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period and inserting a semicolon at the 
        end of subparagraph (C); and
            (3) by adding at the end the following new subparagraphs:
                    ``(D) a grant for the performance of services in an 
                area of combat operations, as designated by the 
                Secretary of Defense under subsection (c) of section 
                862; or
                    ``(E) a cooperative agreement for the performance 
                of services in such an area of combat operations.''.
    (c) Revision to Definition of Contractor.--Paragraph (4) of section 
864(a) of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302 
note) is amended to read as follows:
            ``(4) Contractor.--The term `contractor', with respect to a 
        covered contract, means--
                    ``(A) in the case of a covered contract that is a 
                contract, subcontract, task order, or delivery order, 
                the contractor or subcontractor carrying out the 
                covered contract;
                    ``(B) in the case of a covered contract that is a 
                grant, the grantee; and
                    ``(C) in the case of a covered contract that is a 
                cooperative agreement, the recipient.''.
    (d) Revision in Value of Contracts Covered by Certain Report.--
Section 1248(c)(1)(B) of such Act (Public Law 110-181; 122 Stat. 400) 
is amended by striking ``$25,000'' and inserting ``$100,000''.

SEC. 813. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR AWARDS OF SINGLE 
              SOURCE TASK OR DELIVERY ORDERS.

    (a) Congressional Defense Committees.--Subparagraph (B) of section 
2304a(d)(3) of title 10, United States Code, is amended to read as 
follows:
    ``(B) The head of the agency shall notify the congressional defense 
committees within 30 days after any determination under clause (i), 
(ii), (iii), or (iv) of subparagraph (A).''.
    (b) Congressional Intelligence Committees.--Any notification 
provided under subparagraph (B) of section 2304a(d)(3) of title 10, 
United States Code, as amended by subsection (a), shall also be 
provided to the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of the 
Senate if the source of funds for the task or delivery order contract 
concerned is the National Intelligence Program or the Military 
Intelligence Program.

SEC. 814. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT 
              REQUIREMENT.

    Section 2455(a) of the Federal Acquisition Streamlining Act of 1994 
(31 U.S.C. 6101 note) is amended by inserting ``at any level, including 
subcontracts at any tier,'' in the second sentence after ``any 
procurement or nonprocurement activity''.

SEC. 815. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION 
              PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

    Section 4202 of the Clinger-Cohen Act of 1996 (Division D of Public 
Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) as amended by section 
822 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 226) is amended in subsection (e) by 
striking ``2010'' and inserting ``2012''.

SEC. 816. REVISION TO DEFINITIONS OF MAJOR DEFENSE ACQUISITION PROGRAM 
              AND MAJOR AUTOMATED INFORMATION SYSTEM.

    (a) Major Defense Acquisition Program.--Section 2430 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(d) In the case of a Department of Defense acquisition program 
that, by reason of paragraph (2) of section 2445a(a) of this title, is 
a major automated information system program under chapter 144A of this 
title and that, by reason of paragraph (2) of subsection (a), is a 
major defense acquisition program under this chapter, the Secretary of 
Defense may designate that program to be treated only as a major 
automated information system program or to be treated only as a major 
defense acquisition program.''.
    (b) Major Automated Information System.--Section 2445a(a) of such 
title is amended by inserting ``that is not a highly sensitive 
classified program (as determined by the Secretary of Defense)'' after 
``(either as a product or service)''.

SEC. 817. SMALL ARMS PRODUCTION INDUSTRIAL BASE.

    Section 2473 of title 10, United States Code, is amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) Small Arms Production Industrial Base.--In this section, the 
term `small arms production industrial base' means the persons and 
organizations that are engaged in the production or maintenance of 
small arms within the United States.''; and
            (2) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(6) Pistols.''.

SEC. 818. PUBLICATION OF JUSTIFICATION FOR BUNDLING OF CONTRACTS OF THE 
              DEPARTMENT OF DEFENSE.

    (a) Requirement to Publish Justification for Bundling.--A 
contracting officer of the Department of Defense carrying out a covered 
acquisition shall publish the justification required by paragraph (f) 
of subpart 7.107 of the Federal Acquisition Regulation on the website 
known as FedBizOpps.gov (or any successor site) 30 days prior to the 
release of a solicitation for such acquisition.
    (b) Covered Acquisition Defined.--In this section, the term 
``covered acquisition'' means an acquisition that is--
            (1) funded entirely using funds of the Department of 
        Defense; and
            (2) covered by subpart 7.107 of the Federal Acquisition 
        Regulation (relating to acquisitions involving bundling).
    (c) Construction.--(1) Nothing in this section shall be construed 
to alter the responsibility of a contracting officer to provide the 
justification referred to in subsection (a) with respect to a covered 
acquisition, or otherwise provide notification, to any party concerning 
such acquisition under any other requirement of law or regulation.
    (2) Nothing in this section shall be construed to require the 
public availability of information that is exempt from public 
disclosure under section 552(b) of title 5, United States Code, or is 
otherwise restricted from public disclosure by law or Executive order.
    (3) Nothing in this section shall be construed to require a 
contracting officer to delay the issuance of a solicitation in order to 
meet the requirements of subsection (a) if the expedited issuance of 
such solicitation is otherwise authorized under any other requirement 
of law or regulation.

SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPONENT DEVELOPMENT OR 
              PROTOTYPE UNITS.

    (a) Authority.--A contract initially awarded from the competitive 
selection of a proposal resulting from a general solicitation referred 
to in section 2302(2)(B) of title 10, United States Code, may contain a 
contract option for--
            (1) the provision of advanced component development and 
        prototype of technology developed in the initial underlying 
        contract; or
            (2) the delivery of initial or additional prototype items 
        if the item or a prototype thereof is created as the result of 
        work performed under the initial competed research contract.
    (b) Delivery.--A contract option as described in subsection (a)(2) 
shall require the delivery of the minimal amount of initial or 
additional prototype items to allow for the timely competitive 
solicitation and award of a follow-on development or production 
contract for those items. Such contract option may have a value only up 
to three times the value of the base contract ceiling and any 
subsequent development or procurement must be subject to the terms of 
section 2304 of title 10, United States Code.
    (c) Term.--A contract option as described in subsection (a)(1) 
shall be for a term of not more than 12 months.
    (d) Use of Authority.--Each military department may use the 
authority provided in subsection (a) to exercise a contract option 
described in that subsection up to four times a year, and the Secretary 
of Defense may approve up to an additional four total options a year 
for projects supported by agencies of the Department of Defense, until 
September 30, 2014.
    (e) Report.--The Secretary of Defense shall submit to the 
congressional defense committees a report on the use of the authority 
provided by subsection (a) not later than March 1, 2014. The report 
shall, at a minimum, describe--
            (1) the number of times the contract options were exercised 
        under such authority and the scope of each such option;
            (2) the circumstances that rendered the military department 
        or defense agency unable to solicit and award a follow-on 
        development or production contract in a timely fashion, but for 
        the use of such authority;
            (3) the extent to which such authority increased 
        competition and improved technology transition; and
            (4) any recommendations regarding the modification or 
        extension of such authority.

                       Subtitle C--Other Matters

SEC. 821. ENHANCED EXPEDITED HIRING AUTHORITY FOR DEFENSE ACQUISITION 
              WORKFORCE POSITIONS.

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

SEC. 822. ACQUISITION WORKFORCE DEVELOPMENT FUND AMENDMENTS.

    (a) Revisions to Credits to Fund.--
            (1) Remittance by fiscal year instead of quarter.--
        Subparagraph (B) of section 1705(d)(2) of title 10, United 
        States Code, is amended--
                    (A) in the first sentence, by striking ``the third 
                fiscal year quarter'' and all that follows through 
                ``thereafter'' and inserting ``each fiscal year''; and
                    (B) by striking ``quarter'' before ``for 
                services''.
            (2) Authority to suspend remittance requirement.--Section 
        1705(d)(2) of such title is further amended by adding at the 
        end the following new subparagraph:
            ``(E) The Secretary of Defense may suspend the requirement 
        to remit amounts under subparagraph (B), or reduce the amount 
        required to be remitted under that subparagraph, for fiscal 
        year 2010 or any subsequent fiscal year for which amounts 
        appropriated to the Fund are in excess of the amount specified 
        for that fiscal year in subparagraph (D).''.
    (b) Revision to Employees Covered by Prohibition of Payment of Base 
Salary.--Paragraph (5) of section 1705(e) of such title is amended by 
striking ``who was an employee of the Department as of the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2008'' and inserting ``who, as of January 28, 2008, was an employee of 
the Department serving in a position in the acquisition workforce''.
    (c) Technical Amendments.--Section 1705 of such title is further 
amended--
            (1) in subsection (a), by inserting ``Development'' after 
        ``Workforce''; and
            (2) in subsection (f), by striking ``beginning with fiscal 
        year 2008'' in the matter preceding paragraph (1).

SEC. 823. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS FOR MAJOR 
              AUTOMATED INFORMATION SYSTEM PROGRAMS.

    (a) Implementation Schedule.--Section 2445b(b)(2) of title 10, 
United States Code, is amended by striking ``, initial operational 
capability, and full operational capability'' and inserting ``and full 
deployment decision''.
    (b) Critical Changes in Program.--Section 2445c(d)(2)(A) of such 
title is amended by striking ``initial operational capability'' and 
inserting ``a full deployment decision''.

SEC. 824. REQUIREMENT FOR SECRETARY OF DEFENSE TO DENY AWARD AND 
              INCENTIVE FEES TO COMPANIES FOUND TO JEOPARDIZE HEALTH OR 
              SAFETY OF GOVERNMENT PERSONNEL.

    (a) Requirement to Deny Award and Incentive Fees.--
            (1) Prime contractors.--The Secretary of Defense shall 
        prohibit the payment of award and incentive fees to any defense 
        contractor--
                    (A) that has been determined, through a criminal, 
                civil, or administrative proceeding that results in a 
                disposition listed in subsection (c), in the 
                performance of a covered contract to have caused 
                serious bodily injury or death to any civilian or 
                military personnel of the Government through gross 
                negligence or with reckless disregard for the safety of 
                such personnel; or
                    (B) that awarded a subcontract under a covered 
                contract to a subcontractor that has been determined, 
                through a criminal, civil, or administrative proceeding 
                that results in a disposition listed in subsection (c), 
                in the performance of the subcontract to have caused 
                serious injury or death to any civilian or military 
                personnel of the Government, through gross negligence 
                or with reckless disregard for the safety of such 
                personnel, but only to the extent that the defense 
                contractor has been determined (through such a 
                proceeding that results in such a disposition) that the 
                defense contractor is also liable for such actions of 
                the subcontractor.
            (2) Subcontractors.--The Secretary of Defense shall 
        prohibit the payment of award and incentive fees to any 
        subcontractor under a covered contract that has been 
        determined, through a criminal, civil, or administrative 
        proceeding that results in a disposition listed in subsection 
        (c), in the performance of a covered contract to have caused 
        serious bodily injury or death to any civilian or military 
        personnel of the Government through gross negligence or with 
        reckless disregard for the safety of such personnel.
    (b) Determination of Debarment.--Not later than 90 days after a 
determination pursuant to subsection (a)(1) has been made, the 
Secretary shall determine whether the defense contractor should be 
debarred from contracting with the Department of Defense.
    (c) List of Dispositions in Criminal, Civil, or Administrative 
Proceedings.--For purposes of subsection (a), the dispositions listed 
in this subsection are as follows:
            (1) In a criminal proceeding, a conviction.
            (2) In a civil proceeding, a finding of fault and liability 
        that results in the payment of a monetary fine, penalty, 
        reimbursement, restitution, or damages of $5,000 or more.
            (3) In an administrative proceeding, a finding of fault and 
        liability that results in--
                    (A) the payment of a monetary fine or penalty of 
                $5,000 or more; or
                    (B) the payment of a reimbursement, restitution, or 
                damages in excess of $100,000.
            (4) To the maximum extent practicable and consistent with 
        applicable laws and regulations, in a criminal, civil, or 
        administrative proceeding, a disposition of the matter by 
        consent or compromise with an acknowledgment of fault by the 
        person if the proceeding could have led to any of the outcomes 
        specified in paragraph (1), (2), or (3).
    (d) Waiver.--The prohibition required by subsection (a) may be 
waived by the Secretary of Defense on a case-by-case basis if the 
Secretary finds that the prohibition would jeopardize national 
security. The Secretary shall notify the congressional defense 
committees of any exercise of the waiver authority under this 
subsection.
    (e) Definitions.--In this section:
            (1) The term ``defense contractor'' means a company awarded 
        a covered contract.
            (2) The term ``covered contract'' means a contract awarded 
        by the Department of Defense for the procurement of goods or 
        services.
            (3) The term ``serious bodily injury'' means a grievous 
        physical harm that results in a permanent disability.
    (f) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall prescribe 
regulations to implement the prohibition required by subsection (a) and 
shall establish in such regulations--
            (1) that the prohibition applies only to award and 
        incentive fees under the covered contract concerned;
            (2) the extent of the award and incentive fees covered by 
        the prohibition, but shall include, at a minimum, all award and 
        incentive fees associated with the performance of the covered 
        contract in the year in which the serious bodily injury or 
        death resulting in a disposition listed in subsection (c) 
        occurred; and
            (3) mechanisms for recovery by or repayment to the 
        Government of award and incentive fees paid to a contractor or 
        subcontractor under a covered contract prior to the 
        determination.
    (g) Effective Date.--The prohibition required by subsection (a) 
shall apply to covered contracts awarded on or after the date occurring 
180 days after the date of the enactment of this Act.

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.

    With respect to actions by the President under section 303 of the 
Defense Production Act of 1950 (50 U.S.C. App. 2093) to correct the 
industrial resource shortfall for high-purity beryllium metal, the 
limitation in subsection (a)(6)(C) of such section shall be applied by 
substituting ``$85,000,000'' for ``$50,000,000''.

SEC. 826. REVIEW OF POST EMPLOYMENT RESTRICTIONS APPLICABLE TO THE 
              DEPARTMENT OF DEFENSE.

    (a) Review Required.--The Panel on Contracting Integrity, 
established pursuant to section 813 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364), shall 
review policies relating to post-employment restrictions on former 
Department of Defense personnel to determine whether such policies 
adequately protect the public interest, without unreasonably limiting 
future employment options for former Department of Defense personnel.
    (b) Matters Considered.--In performing the review required by 
subsection (a), the Panel shall consider the extent to which current 
post-employment restrictions--
            (1) appropriately protect the public interest by preventing 
        personal conflicts of interests and preventing former 
        Department of Defense officials from exercising undue or 
        inappropriate influence on the Department of Defense;
            (2) appropriately require disclosure of personnel accepting 
        employment with contractors of the Department of Defense 
        involving matters related to their official duties;
            (3) use appropriate thresholds, in terms of salary or 
        duties, for the establishment of such restrictions;
            (4) are sufficiently straightforward and have been 
        explained to personnel of the Department of Defense so that 
        such personnel are able to avoid potential violations of post-
        employment restriction and conflicts of interest in 
        interactions with former personnel of the Department;
            (5) adequately address personnel performing duties in 
        acquisition-related activities that are not covered by current 
        restrictions relating to private sector employment following 
        employment with the Department of Defense and procurement 
        integrity, such as personnel involved in--
                    (A) the establishment of requirements;
                    (B) testing and evaluation; and
                    (C) the development of doctrine;
            (6) ensure that the Department of Defense has access to 
        world-class talent, especially with respect to highly qualified 
        technical, engineering, and acquisition expertise; and
            (7) ensure that service in the Department of Defense 
        remains an attractive career option.
    (c) Completion of the Review.--The Panel shall complete the review 
required by subsection (a) not later than 1 year after the date of the 
enactment of this Act.
    (d) Report to Committees on Armed Services.--Not later than 30 days 
after the completion of the review, the Panel shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report containing the findings of the review and the 
recommendations of the Panel to the Secretary of Defense, including 
recommended legislative or regulatory changes, resulting from the 
review.
    (e) National Academy of Public Administration Assessment.--
            (1) Not later than 30 days after the completion of the 
        review, the Secretary of Defense shall enter into an 
        arrangement with the National Academy of Public Administration 
        to assess the findings and recommendations of the review.
            (2) Not later than 210 days after the completion of the 
        review, the National Academy of Public Administration shall 
        provide its assessment of the review to the Secretary, along 
        with such additional recommendations as the National Academy 
        may have.
            (3) Not later than 30 days after receiving the assessment, 
        the Secretary shall provide the assessment, along with such 
        comments as the Secretary considers appropriate, to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives.

SEC. 827. REQUIREMENT TO BUY MILITARY DECORATIONS, RIBBONS, BADGES, 
              MEDALS, INSIGNIA, AND OTHER UNIFORM ACCOUTERMENTS 
              PRODUCED IN THE UNITED STATES.

    (a) Requirement.--Subchapter III of chapter 147 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2495c. Requirement to buy military decorations and other uniform 
              accouterments from American sources; exceptions
    ``(a) Buy-American Requirement.--A military exchange store or other 
nonappropriated fund instrumentality of the Department of Defense may 
not purchase for resale any military decorations, ribbons, badges, 
medals, insignia, and other uniform accouterments that are not produced 
in the United States. Competitive procedures shall be used in selecting 
the United States producer of the decorations.
    ``(b) Heraldic Quality Control.--No certificate of authority 
(contained in part 507 of title 32, Code of Federal Regulations) for 
the manufacture and sale of any item reference in subsection (a) by the 
Institute of Heraldry, the Navy Clothing and Textile Research Facility, 
or the Marine Corps Combat Equipment and Support Systems for quality 
control and specifications purposes shall be permitted unless these 
items are from domestic material manufactured in the United States.
    ``(c) Exception.--Subsections (a) and (b) do not apply to the 
extent that the Secretary of Defense determines that a satisfactory 
quality and sufficient quantity of an item covered by subsection (a) 
and produced in the United States cannot be procured at a reasonable 
cost.
    ``(d) United States Defined.--In this section, the term `United 
States' includes the Commonwealth of Puerto Rico, Guam, the United 
States Virgin Islands, the Commonwealth of the Northern Mariana 
Islands, American Samoa, and any other territory or possession of the 
United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2495c. Requirement to buy military decorations and other uniform 
                            accouterments from American sources; 
                            exceptions.''.
    (c) Conforming Amendment.--Section 2533a(b)(1) of such title is 
amended--
            (1) in subparagraph (D), by striking ``or'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) military decorations, ribbons, badges, 
                medals, insignia, and other uniform accouterments.''.

SEC. 828. FINDINGS AND REPORT ON THE USAGE OF RARE EARTH MATERIALS IN 
              THE DEFENSE SUPPLY CHAIN.

    (a) Findings.--Regarding the availability of rare earth materials 
and components containing rare earth materials in the defense supply 
chain Congress finds--
            (1) it is necessary, to the maximum extent practicable, to 
        ensure the uninterrupted supply of strategic materials critical 
        to national security, including rare earth materials and other 
        items covered under section 2533b of title 10, United States 
        Code, to support the defense supply-chain, particularly when 
        many of those materials are supplied by primary producers in 
        unreliable foreign nations;
            (2) many less common metals, including rare earths and 
        thorium, are critical to modern technologies, including 
        numerous defense critical technologies and these technologies 
        cannot be built without the use of these metals and materials 
        produced from them and therefore could qualify as strategic 
        materials, critical to national security, in which case the 
        Strategic Materials Protection Board should recommend a 
        strategy to the President to ensure the domestic availability 
        of these materials; and
            (3) there is a need to identify the strategic value placed 
        on rare earth materials by foreign nations (including China), 
        and the Department of Defense's supply-chain vulnerability 
        related to rare earths and end items containing rare earths.
    (b) Report Required.--Not later than April 1, 2010, the Comptroller 
General shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the usage of rare earth 
materials in the supply chain of the Department of Defense.
    (c) Objectives of Report.--The objectives of the report required by 
subsection (b) shall be to determine the availability of rare earth 
materials, including ores, semi-finished rare earth products, 
components containing rare-earth materials, and other uses of rare 
earths by the Department of Defense in its weapon systems. The 
following items shall be considered:
            (1) An analysis of past procurements and attempted 
        procurements by foreign governments or government- controlled 
        entities, including mines and mineral rights, of rare-earth 
        resources outside such nation's territorial boundaries.
            (2) An analysis of the worldwide availability of rare 
        earths, such as samarium, neodymium, thorium and lanthanum, 
        including current and potential domestic sources for use in 
        defense systems, including a projected analysis of projected 
        availability of these materials in the export market.
            (3) A determination as to which defense systems are 
        currently dependent on rare earths supplied by nondomestic 
        sources, particularly neodymium iron boron magnets.
    (d) Rare Earth Defined.--In this section, the term ``rare earth'' 
means the chemical elements, all metals, beginning with lanthanum, 
atomic number 57, and including all of the natural chemical elements in 
the periodic table following lanthanum up to and including lutetium, 
element number 71. The term also includes the elements yttrium and 
scandium.

SEC. 829. FURNITURE STANDARDS.

    All Department of Defense purchases of furniture in the United 
States and its territories made from Department of Defense funds, 
including under design-build contracts, must meet the same quality 
standards as specified by the General Services Administration schedule 
program and the Department of Defense.

SEC. 830. FOLLOW-ON CONTRACTS FOR CERTAIN ITEMS ACQUIRED FOR SPECIAL 
              OPERATIONS FORCES.

    (a) Authority for Award of Follow-on Contracts.--The commander of 
the special operations command, acting under authority provided by 
section 167(e)(4) of title 10, United States Code, may award a follow-
on contract for the acquisition of an item to a contractor who 
previously provided such item if--
            (1) the item is an item of special operations-peculiar 
        equipment and not anticipated to be made service common within 
        24 months of the initial contract;
            (2) the item was previously acquired in the make, model, 
        and type--
                    (A) using competitive procedures;
                    (B) under the authority of other statutory 
                authority permitting noncompetitive or limited 
                competition procurement actions (such as section 8(a) 
                of the Small Business Act (15 U.S.C. 637(a)), section 
                31 of such Act (15 U.S.C. 657a, relating to the HUBZone 
                program), and section 36 of such Act (15 U.S.C. 657f, 
                relating to procurement program for small business 
                concerns owned and controlled by service-disabled 
                veterans)); or
                    (C) as a result of a competition among a limited 
                number of sources on the basis that the disclosure of 
                the need for the item would compromise national 
                security ; and
            (3) the acquisition of the item by means other than a 
        follow-on contract with the contractor would unduly delay the 
        fielding of such item to forces preparing for or participating 
        in overseas contingency operations or for other deployments 
        undertaken in response to a request from a combatant commander.
    (b) Limitations.--A contract awarded using the authority in 
subsection (a)--
            (1) may have a period of performance of not longer than 1 
        year;
            (2) may be used only to acquire one or more items having an 
        individual unit price under $100,000; and
            (3) may have a total value not exceeding $25,000,000.
    (c) Notification.--Not later than 45 days after the use of the 
authority in subsection (a), the commander of the special operations 
command shall submit to the congressional defense committees a 
notification of the use of such authority.
    (d) Termination of Authority.--The commander of the special 
operations command may not use the authority in subsection (a) on and 
after October 1, 2013.

SEC. 831. DEFENSE SUBCONTRACTOR PROLIFERATION COST EFFECTIVENESS STUDY 
              AND REPORTS.

    (a) Study.--The Secretary of Defense shall conduct a study on the 
total number of subcontractors used on the last five major weapons 
systems in which acquisition has been completed and determine if fewer 
subcontractors could have been more cost effective.
    (b) Management Burden.--In conducting the study, the Secretary of 
Defense shall evaluate any potential cost savings derived from less 
management burden from multiple subcontractors on the Federal 
acquisition workforce.
    (c) Report by Secretary of Defense.--Not later than March 1, 2010, 
the Secretary of Defense shall submit to the Committee on Armed 
Services of the House of Representatives and the Committee on Armed 
Services of the Senate a report on the results of the study.
    (d) Report by Comptroller General.--Not later than May 1, 2010, the 
Comptroller General shall submit to the Committee on Armed Services of 
the House of Representatives and the Committee on Armed Services of the 
Senate a review of the Department of Defense report submitted under 
subsection (c).

SEC. 832. COMPTROLLER GENERAL REPORT ON DEFENSE CONTRACT COST OVERRUNS.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on cost overruns in the performance 
of defense contracts.
    (b) Matters Covered.--The report under subsection (a) shall 
include, at a minimum, the following:
            (1) A list of each contractor with a cost overrun during 
        any of fiscal years 2006, 2007, 2008, or 2009, including 
        identification of the contractor and the covered contract 
        involved, the cost estimate of the covered contract, and the 
        cost overrun for the covered contract.
            (2) Findings and recommendations of the Comptroller 
        General.
            (3) Such other matters as the Comptroller General considers 
        appropriate.
    (c) Covered Contract.--In this section, the term ``covered 
contract'' means a contract that is awarded by the Department of 
Defense through the use of a solicitation for competitive proposals, in 
an amount greater than the simplified acquisition threshold, and that 
is a cost-reimbursement contract or a time-and-materials contract.

SEC. 833. PROCUREMENT PROFESSIONALISM ADVISORY PANEL.

    (a) GAO-convened Panel.--The Comptroller General shall convene a 
panel of experts, to be known as the Procurement Professionalism 
Advisory Panel, to study the ethics, competence, and effectiveness of 
acquisition personnel and the governmentwide procurement process, 
including the following:
            (1) The role played by the Federal acquisition workforce at 
        each stage of the procurement process, with a focus on the 
        following:
                    (A) Personnel shortages.
                    (B) Expertise shortages.
                    (C) The relationship between career acquisition 
                personnel and political appointees.
                    (D) The relationship between acquisition personnel 
                and contractors.
            (2) The legislation, regulation, official policy, and 
        informal customs that govern procurement personnel.
            (3) Training and retention tools used to hire, retain, and 
        professionally develop acquisition personnel, including the 
        following:
                    (A) The Defense Acquisition University.
                    (B) The Federal Acquisition Institute.
                    (C) Continuing education and professional 
                development opportunities available to acquisition 
                professionals.
                    (D) Opportunities to pursue higher education 
                available to acquisition personnel, including 
                scholarships and student loan forgiveness.
    (b) Administration of Panel.--The Comptroller General shall be the 
chairman of the panel.
    (c) Composition of Panel.--
            (1) Membership.--The Comptroller General shall appoint 
        highly qualified and knowledgeable persons to serve on the 
        panel and shall ensure that the following groups receive fair 
        representation on the panel:
                    (A) Officers and employees of the United States.
                    (B) Persons in private industry.
                    (C) Federal labor organizations.
            (2) Fair representation.--For the purposes of the 
        requirement for fair representation under paragraph (1), 
        persons serving on the panel under subparagraph (C) of that 
        paragraph shall not be counted as persons serving on the panel 
        under subparagraph (A) or (B) of that paragraph.
    (d) Participation by Other Interested Parties.--The Comptroller 
General shall ensure that the opportunity to submit information and 
views on the ethics, competence, and effectiveness of acquisition 
personnel to the panel for the purposes of the study is accorded to all 
interested parties, including officers and employees of the United 
States not serving on the panel and entities in private industry and 
representatives of Federal labor organizations not represented on the 
panel.
    (e) Information From Agencies.--The panel may secure directly from 
any department or agency of the United States any information that the 
panel considers necessary to carry out a meaningful study of 
administration of the rules described in subsection (a). Upon the 
request of the Chairman of the panel, the head of such department or 
agency shall furnish the requested information to the panel.
    (f) Report.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Comptroller General shall submit 
        a report on the results of the study to--
                    (A) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    (B) the Committee on Armed Services of the House of 
                Representatives;
                    (C) the Committee on Homeland Security and 
                Government Affairs of the Senate; and
                    (D) the Committee on Armed Services of the Senate.
            (2) Availability.--The Comptroller General shall publish 
        the report in the Federal Register and on a publically 
        accessible website (acquisition.gov).
    (g) Definition.--In this section, the term ``Federal labor 
organization'' has the meaning given the term ``labor organization'' in 
section 7103(a)(4) of title 5, United States Code.

SEC. 834. ACCESS BY CONGRESS TO DATABASE OF INFORMATION REGARDING THE 
              INTEGRITY AND PERFORMANCE OF CERTAIN PERSONS AWARDED 
              FEDERAL CONTRACTS AND GRANTS.

    Section 872(e)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
455) is amended by striking ``the Chairman and Ranking Member of the 
committees of Congress having jurisdiction'' and inserting ``any Member 
of Congress''.

SEC. 835. ADDITIONAL REPORTING REQUIREMENTS FOR INVENTORY RELATING TO 
              CONTRACTS FOR SERVICES.

    (a) Additional Reporting Requirements.--Section 2330a(c)(1) of 
title 10, United States Code, is amended by adding at the end the 
following new subparagraph:
            ``(H) With respect to such contracts for services--
                    ``(i) the ratio between the number of individuals 
                responsible for awarding and overseeing such contracts 
                to the amount obligated or expended on such contracts; 
                and
                    ``(ii) the number of individuals responsible for 
                awarding and overseeing such contracts who are 
                themselves contractors.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to fiscal year 2011 and fiscal years thereafter.

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.

    (a) Requirement.--Subparagraph (A) of section 2305(a)(2) of title 
10, United States Code, is amended--
            (1) by striking ``and'' at the end of clause (i); and
            (2) by inserting after clause (ii) the following new 
        clause:
                    ``(iii) in the case of a solicitation in which 
                factors other than cost or price when combined are more 
                important than cost or price, the reasons why assigning 
                at least equal importance to cost or price would not 
                better serve the Government's interest; and''.
    (b) Report.--Section 2305(a)(3) of such title is amended by adding 
at the end the following new subparagraph:
    ``(C) Not later than 180 days after the end of each fiscal year, 
the Secretary of Defense shall submit to Congress, and post on a 
publicly available website of the Department of Defense, a report 
describing the solicitations for which a statement pursuant to 
paragraph (2)(A)(iii) was included.''.

      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

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.

              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.

    Section 167(e) of title 10, United States Code, is amended--
            (1) in paragraph (2), by striking subparagraph (J); and
            (2) inserting at the end the following new paragraph:
    ``(5)(A) The Secretaries of the military departments shall 
coordinate with the commander of the special operations command 
regarding personnel management policy and plans as such policy and 
plans relate to the following:
            ``(i) Accessions, assignments, and command selection for 
        special operations forces.
            ``(ii) Compensation, promotions, retention, professional 
        development, and training of members of special operations 
        forces.
            ``(iii) Readiness as it relates to manning guidance and 
        priority of fill for units of the special operations forces.
    ``(B) The coordination required by subparagraph (A) shall be 
conducted in such a manner so as not to interfere with the authorities 
of the Secretary concerned regarding personnel management policy and 
plans.''.

SEC. 902. SPECIAL OPERATIONS ACTIVITIES.

    Section 167(j) of title 10, United States Code, is amended by 
striking paragraphs (1) through (10) and inserting the following new 
paragraphs:
            ``(1) Special reconnaissance.
            ``(2) Unconventional warfare.
            ``(3) Foreign internal defense.
            ``(4) Civil affairs operations.
            ``(5) Counterterrorism.
            ``(6) Psychological operations.
            ``(7) Information operations.
            ``(8) Counter proliferation of weapons of mass destruction.
            ``(9) Security force assistance.
            ``(10) Counterinsurgency operations.
            ``(11) Such other activities as may be specified by the 
        President or the Secretary of Defense.''.

SEC. 903. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT 
              OF THE NAVY AND MARINE CORPS.

    (a) Redesignation of the Department of the Navy as the Department 
of the Navy and Marine Corps.--
            (1) Redesignation of military department.--The military 
        department designated as the Department of the Navy is 
        redesignated as the Department of the Navy and Marine Corps.
            (2) Redesignation of secretary and other statutory 
        offices.--
                    (A) Secretary.--The position of the Secretary of 
                the Navy is redesignated as the Secretary of the Navy 
                and Marine Corps.
                    (B) Other statutory offices.--The positions of the 
                Under Secretary of the Navy, the four Assistant 
                Secretaries of the Navy, and the General Counsel of the 
                Department of the Navy are redesignated as the Under 
                Secretary of the Navy and Marine Corps, the Assistant 
                Secretaries of the Navy and Marine Corps, and the 
                General Counsel of the Department of the Navy and 
                Marine Corps, respectively.
    (b) Conforming Amendments to Title 10, United States Code.--
            (1) Definition of ``military department''.--Paragraph (8) 
        of section 101(a) of title 10, United States Code, is amended 
        to read as follows:
            ``(8) The term `military department' means the Department 
        of the Army, the Department of the Navy and Marine Corps, and 
        the Department of the Air Force.''.
            (2) Organization of department.--The text of section 5011 
        of such title is amended to read as follows: ``The Department 
        of the Navy and Marine Corps is separately organized under the 
        Secretary of the Navy and Marine Corps.''.
            (3) Position of secretary.--Section 5013(a)(1) of such 
        title is amended by striking ``There is a Secretary of the 
        Navy'' and inserting ``There is a Secretary of the Navy and 
        Marine Corps''.
            (4) Chapter headings.--
                    (A) The heading of chapter 503 of such title is 
                amended to read as follows:

       ``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

                    (B) The heading of chapter 507 of such title is 
                amended to read as follows:

  ``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE 
                                CORPS''.

            (5) Other amendments.--
                    (A) Title 10, United States Code, is amended by 
                striking ``Department of the Navy'' and ``Secretary of 
                the Navy'' each place they appear other than as 
                specified in paragraphs (1), (2), (3), and (4) 
                (including in section headings, subsection captions, 
                tables of chapters, and tables of sections) and 
                inserting ``Department of the Navy and Marine Corps'' 
                and ``Secretary of the Navy and Marine Corps'', 
                respectively, in each case with the matter inserted to 
                be in the same typeface and typestyle as the matter 
                stricken.
                    (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 
                5017(2), 5032(a), and 5042(a) of such title are amended 
                by striking ``Assistant Secretaries of the Navy'' and 
                inserting ``Assistant Secretaries of the Navy and 
                Marine Corps''.
                    (ii) The heading of section 5016 of such title, and 
                the item relating to such section in the table of 
                sections at the beginning of chapter 503 of such title, 
                are each amended by inserting ``and Marine Corps'' 
                after ``of the Navy'', with the matter inserted in each 
                case to be in the same typeface and typestyle as the 
                matter amended.
    (c) Other Provisions of Law and Other References.--
            (1) Title 37, united states code.--Title 37, United States 
        Code, is amended by striking ``Department of the Navy'' and 
        ``Secretary of the Navy'' each place they appear and inserting 
        ``Department of the Navy and Marine Corps'' and ``Secretary of 
        the Navy and Marine Corps'', respectively.
            (2) Other references.--Any reference in any law other than 
        in title 10 or title 37, United States Code, or in any 
        regulation, document, record, or other paper of the United 
        States, to the Department of the Navy shall be considered to be 
        a reference to the Department of the Navy and Marine Corps. Any 
        such reference to an office specified in subsection (b)(2) 
        shall be considered to be a reference to that officer as 
        redesignated by that section.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on the first day of the first month beginning 
more than 60 days after the date of the enactment of this Act.

SEC. 904. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO RECEIVE 
              INSTRUCTION AT DEFENSE CYBER INVESTIGATIONS TRAINING 
              ACADEMY OF THE DEFENSE CYBER CRIME CENTER.

    (a) Admission of Private Sector Civilians.--Chapter 108 of title 
10, United States Code, is amended by inserting after section 2167 the 
following new section:
``Sec. 2167a. Defense Cyber Investigations Training Academy: admission 
              of private sector civilians to receive instruction
    ``(a) Authority for Admission.--The Secretary of Defense may permit 
eligible private sector employees to receive instruction at the Defense 
Cyber Investigations Training Academy operating under the direction of 
the Defense Cyber Crime Center. No more than the equivalent of 200 
full-time student positions may be filled at any one time by private 
sector employees enrolled under this section, on a yearly basis. Upon 
successful completion of the course of instruction in which enrolled, 
any such private sector employee may be awarded an appropriate 
certification or diploma.
    ``(b) Eligible Private Sector Employees.--For purposes of this 
section, an eligible private sector employee is an individual employed 
by a private firm that is engaged in providing to the Department of 
Defense or other Government departments or agencies significant and 
substantial defense-related systems, products, or services, or whose 
work product is relevant to national security policy or strategy. A 
private sector employee remains eligible for such instruction only so 
long as that person remains employed by an eligible private sector 
firm.
    ``(c) Program Requirements.--The Secretary of Defense shall ensure 
that--
            ``(1) the curriculum in which private sector employees may 
        be enrolled under this section is not readily available through 
        other schools; and
            ``(2) the course offerings at the Defense Cyber 
        Investigations Training Academy continue to be determined 
        solely by the needs of the Department of Defense.
    ``(d) Tuition.--The Secretary of Defense shall charge private 
sector employees enrolled under this section tuition at a rate that is 
at least equal to the rate charged for employees of the United States. 
In determining tuition rates, the Secretary shall include overhead 
costs of the Defense Cyber Investigations Training Academy.
    ``(e) Standards of Conduct.--While receiving instruction at the 
Defense Cyber Investigations Training Academy, students enrolled under 
this section, to the extent practicable, are subject to the same 
regulations governing academic performance, attendance, norms of 
behavior, and enrollment as apply to Government civilian employees 
receiving instruction at the Academy.
    ``(f) Use of Funds.--Amounts received by the Defense Cyber 
Investigations Training Academy for instruction of students enrolled 
under this section shall be retained by the Academy to defray the costs 
of such instruction. The source, and the disposition, of such funds 
shall be specifically identified in records of the Academy.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2167 the following new item:

``2167a. Defense Cyber Investigations Training Academy: admission of 
                            private sector civilians to receive 
                            instruction.''.

SEC. 905. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE ASSISTANT 
              SECRETARY OF DEFENSE FOR HEALTH AFFAIRS AND THE TRICARE 
              MANAGEMENT ACTIVITY.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the organizational 
structure of the Office of the Assistant Secretary of Defense for 
Health Affairs and the TRICARE Management Activity.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) Organizational charts.--Organizational charts for both 
        the Office of the Assistant Secretary of Defense for Health 
        Affairs and the TRICARE Management Activity showing, at a 
        minimum, the senior positions in such office and such activity.
            (2) Senior position descriptions.--A description of the 
        policy-making functions and oversight responsibilities of each 
        senior position in the Office of the Assistant Secretary of 
        Defense for Health Affairs and the policy and program execution 
        responsibilities of each senior position of the TRICARE 
        Management Activity.
            (3) Positions filled by same individual.--A description of 
        which positions in both organizations are filled by the same 
        individual.
            (4) Assessment.--An assessment of whether the senior 
        personnel of the Office of the Assistant Secretary of Defense 
        for Health Affairs and the TRICARE Management Activity, as 
        currently organized, are able to appropriately perform the 
        discrete functions of policy formulation, policy and program 
        execution, and program oversight.
    (c) Definitions.--In this section:
            (1) Senior position.--The term ``senior position'' means a 
        position fill by a member of the senior executive service or a 
        position on the Executive Schedule established pursuant to 
        title 5, United States Code.
            (2) Senior personnel.--The term ``senior personnel'' means 
        personnel who are members of the senior executive service or 
        who fill a position listed on the Executive Schedule 
        established pursuant to title 5, United States Code.

SEC. 906. REQUIREMENT FOR DIRECTOR OF OPERATIONAL ENERGY PLANS AND 
              PROGRAMS TO REPORT DIRECTLY TO SECRETARY OF DEFENSE.

    Paragraph (2) of section 139b(c) of title 10, United States Code, 
is amended to read as follows:
            ``(2) The Director shall report directly to the Secretary 
        of Defense.''.

SEC. 907. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE 
              FUND.

    (a) Increase in Funding Limitations.--Subparagraph (A) of section 
166a(e)(1) of title 10, United States Code, is amended--
            (1) by striking ``$10,000,000'' and inserting 
        ``$20,000,000''; and
            (2) by striking ``$15,000'' and inserting ``the investment 
        unit cost threshold in effect under section 2245a of this 
        title''.
    (b) Coordination With Secretary of State.--Paragraph (6) of section 
166a(b) of such title is amended by inserting after ``assistance,'' the 
following: ``in coordination with the Secretary of State,''.

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.

    (a) Repeal of Requirement for Position.--
            (1) Repeal.--Section 134b of title 10, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title is amended by striking the 
        item relating to section 134b.
    (b) Prior Notification of Change in Reporting Relationship for the 
Defense Technology Security Administration.--The Secretary of Defense 
shall ensure that no covered action is taken until the expiration of 30 
legislative days after providing notification of such action to the 
Committees on Armed Services of the Senate and the House of 
Representatives.
    (c) Covered Action Defined.--In this section, the term ``covered 
action'' means--
            (1) the transfer of the Defense Technology Security 
        Administration to an Under Secretary or other office of the 
        Department of Defense other than the Under Secretary of Defense 
        for Policy;
            (2) the consolidation of the Defense Technology Security 
        Administration with another office, agency, or field activity 
        of the Department of Defense; or
            (3) the addition of management layers between the Director 
        of the Defense Technology Security Administration and the Under 
        Secretary of Defense for Policy.

SEC. 909. RECOMMENDATIONS TO CONGRESS BY MEMBERS OF JOINT CHIEFS OF 
              STAFF.

    Section 151(f) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``After first''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The members of the Joint Chiefs of Staff, individually or 
collectively, in their capacity as military advisers, shall provide 
advice to Congress on a particular matter when Congress requests such 
advice.''.

                      Subtitle B--Space Activities

SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND TECHNOLOGY 
              STRATEGY.

    (a) Strategy.--
            (1) Requirements.--Paragraph (2) of section 2272(a) of 
        title 10, United States Code, is amended by adding at the end 
        the following new subparagraph:
            ``(D) The process for transitioning space science and 
        technology programs to new or existing space acquisition 
        programs.''.
            (2) Submission to congress.--Paragraph (5) of such section 
        is amended to read as follows:
    ``(5) The Secretary of Defense shall annually submit the strategy 
developed under paragraph (1) to the congressional defense committees 
on the date on which the President submits to Congress the budget for 
the next fiscal year under section 1105 of title 31, United States 
Code.''.
    (b) Government Accountability Office Review of Strategy.--
            (1) Review.--The Comptroller General shall review and 
        assess the first space science and technology strategy 
        submitted under paragraph (5) of section 2272(a) of title 10, 
        United States Code, as amended by subsection (a)(2) of this 
        section, and the effectiveness of the coordination process 
        required under section 2272(b) of such title.
            (2) Report.--Not later than 90 days after the date on which 
        the Secretary of Defense submits the first space science and 
        technology strategy required to be submitted under paragraph 
        (5) of section 2272(a) of title 10, United States Code, as 
        amended by subsection (a)(2) of this section, the Comptroller 
        General shall submit to the congressional defense committees a 
        report containing the findings and assessment under paragraph 
        (1).

SEC. 912. CONVERTING THE SPACE SURVEILLANCE NETWORK PILOT PROGRAM TO A 
              PERMANENT PROGRAM.

    Section 2274 of title 10, United States Code, is amended--
            (1) in the heading, by striking ``pilot'';
            (2) in subsection (a)--
                    (A) in the heading, by striking ``Pilot''; and
                    (B) by striking ``a pilot program to determine the 
                feasibility and desirability of providing'' and 
                inserting ``a program to provide'';
            (3) in subsection (b) in the matter preceding paragraph 
        (1), by striking ``such a pilot program'' and inserting ``the 
        program'';
            (4) in subsection (c) in the matter preceding paragraph 
        (1), by striking ``pilot'';
            (5) in subsection (d) in the matter preceding paragraph 
        (1), by striking ``pilot'';
            (6) in subsection (h), by striking ``pilot''; and
            (7) by striking subsection (i).

                Subtitle C--Intelligence-Related Matters

SEC. 921. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTELLIGENCE 
              ANALYSIS.

    (a) Assessment and Plan.--The Secretary of Defense, in consultation 
with the Director of National Intelligence, shall--
            (1) conduct an assessment of foreign ballistic missile 
        intelligence gaps and shortfalls; and
            (2) develop a plan to ensure that the appropriate 
        intelligence centers have sufficient analytical capabilities to 
        address such gaps and shortfalls.
    (b) Report.--Not later than February 28, 2010, the Secretary of 
Defense shall submit to the congressional defense committees, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intelligence of the Senate 
a report containing--
            (1) the results of the assessment conducted under 
        subsection (a)(1);
            (2) the plan developed under subsection (a)(2); and
            (3) a description of the resources required to implement 
        such plan.
    (c) Form.--The report under subsection (b) shall be submitted in 
unclassified form, but may contain a classified annex.

                       Subtitle D--Other Matters

SEC. 931. JOINT PROGRAM OFFICE FOR CYBER OPERATIONS CAPABILITIES.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall establish a Joint 
Program Office for Cyber Operations Capabilities to assist the Under 
Secretary of Defense for Acquisition, Technology, and Logistics in 
improving the development of specific leap-ahead capabilities, 
including manpower development, tactics, and technologies, for the 
military departments, the Defense Agencies, and the combatant commands.
    (b) Director.--The Joint Program Office for Cyber Operations 
Capabilities (in this section referred to as the ``JPO-COC'') shall be 
headed by a Director, who shall be appointed by the Secretary of 
Defense, in consultation with the Under Secretary of Defense for 
Acquisition, Technology, and Logistics, the Assistant Secretary of 
Defense for Networks and Information Integration, the Under Secretary 
of Defense for Intelligence, and the commander of United States 
Strategic Command. The Director shall be selected from among 
individuals with significant technical and management expertise in 
information technology system development, and shall serve for 3 years.
    (c) Supervision.--The Director shall report directly to the Under 
Secretary of Defense for Acquisition, Technology, and Logistics. The 
Assistant Secretary of Defense for Networks and Information Integration 
may provide policy guidance to the Director on issues within the 
Director's areas of responsibilities.
    (d) Responsibilities.--The JPO-COC shall be responsible for the 
following:
            (1) Coordinating cyber operations capabilities, both 
        offensive and defensive, between the military departments, 
        Defense Agencies, and combatant commands in order to identify 
        and prioritize joint capability gaps.
            (2) Developing advanced, leap-ahead capabilities to address 
        joint capability gaps.
            (3) Establishing a nation level, joint, interagency cyber 
        exercise, similar to the exercise known as Eligible Receiver, 
        that would occur at least biennially, and, to the extent 
        possible, that would include participants from industry, 
        critical infrastructure sector providers, international 
        militaries, and non-governmental organizations.
            (4) Such other responsibilities as the Under Secretary 
        determines are appropriate.
    (e) Annual Report.--By March 1 of each year, beginning March 1, 
2010, the Secretary of Defense shall submit to the congressional 
defense committees a report on all of the activities of the JPO-COC 
during the preceding year.

SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM TRANSITION 
              COUNCIL.

    (a) In General.--The Secretary of Defense shall establish a Defense 
Integrated Military Human Resources System Transition Council (in this 
section referred to as the ``Council'') to provide advice to the 
Secretary of Defense and the Secretaries of the military departments on 
implementing the defense integrated military human resources system (in 
this section referred to as the ``DIMHRS'') throughout the Department 
of Defense, including within each military department.
    (b) Composition.--The Council shall include the following members:
            (1) The Chief Management Officer of the Department of 
        Defense.
            (2) The Director of the Business Transformation Agency.
            (3) One representative from each of the Army, Navy, Air 
        Force, and Marine Corps who is a lieutenant general or vice 
        admiral.
            (4) One civilian employee of the National Guard Bureau who 
        occupies a position of responsibility and receives compensation 
        comparable to a lieutenant general or vice admiral.
            (5) Such other individuals as may be designated by the 
        Secretary of Defense.
    (c) Meetings.--The Council shall meet not less than once a quarter, 
or more often as specified by the Secretary of Defense.
    (d) Duties.--The Council shall have the following responsibilities:
            (1) Resolution of significant policy, programmatic, or 
        budgetary issues impeding transition of DIMHRS to the military 
        departments.
            (2) Coordination of implementation of DIMHRS within each 
        military department to ensure interoperability between and 
        among the Department of Defense as a whole and each military 
        department.
            (3) Such other responsibilities as the Secretary of Defense 
        determines are appropriate.
    (e) Annual Report.--
            (1) In general.--By March 1 of each year, beginning March 
        1, 2010, and ending March 1, 2014, the Council shall submit to 
        the congressional defense committees an annual report on the 
        progress of DIMHRS transition.
            (2) The report shall include descriptions of the following:
                    (A) The status of implementation of DIMHRS among 
                the military departments.
                    (B) A description of the testing and evaluation 
                activities of DIMHRS as implemented throughout the 
                Department of Defense, as well as any such activities 
                developed by the military departments to extend DIMHRS 
                to the departments.
                    (C) Plans for the decommissioning of human 
                resources systems within the Department of Defense and 
                military department that are being replaced by DIMHRS, 
                including--
                            (i) systems to be phased out; and
                            (ii) plans for the remaining legacy systems 
                        to be phased out.
                    (D) Funding and resources from the military 
                departments devoted to the development of department-
                specific plans to augment and extend the DIMHRS within 
                each department.

SEC. 933. DEPARTMENT OF DEFENSE SCHOOL OF NURSING REVISIONS.

    (a) School of Nursing.--
            (1) In general.--Chapter 108 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2169. School of Nursing
    ``(a) Establishment.--The Secretary of Defense shall establish 
within the Department of Defense a School of Nursing, not later than 
July 1, 2011. It shall be so organized as to graduate not less than 25 
students with a bachelor of science in nursing in the first class not 
later than June 30, 2013, not less than 50 in the second class, and not 
less than 100 annually thereafter.
    ``(b) Minimum Requirement.--The School of Nursing shall include, at 
a minimum, a program that awards a bachelor of science in nursing.
    ``(c) Phased Development.--The development of the School of Nursing 
may be by such phases as the Secretary may prescribe, subject to the 
requirements of subsection (a).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2169. School of Nursing.''.
    (b) Conforming Amendments.--Section 2117 of title 10, United States 
Code, and the item relating to such section in the table of chapters at 
the beginning of chapter 104 of such title, are repealed.

SEC. 934. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZATION, MANNING, 
              AND MANAGEMENT.

    (a) Report Required.--The commander of the special operations 
command shall prepare a report, in accordance with this section, on the 
organization, manning, and management of the command.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A comparison of current and projected fiscal year 2010 
        military and civilian end strength levels at special operations 
        command headquarters with fiscal year 2000 levels, both actual 
        and authorized.
            (2) A comparison of fiscal year 2000 through 2010 special 
        operations command headquarters end strength growth with the 
        growth of each special operations forces component command 
        headquarters over the same time period, both actual and 
        authorized.
            (3) A summary and assessment that identifies the 
        resourcing, in terms of manning, training, equipping, and 
        funding, that special operations command provides to each of 
        the theater special operations commands under the geographical 
        combatant commands and a summary of personnel specialties 
        assigned to each such command.
            (4) Options and recommendations for reducing staffing 
        levels at special operations command headquarters by 5 and 10 
        percent, respectively, and an assessment of the opportunity 
        costs and management risks associated with each option.
            (5) Recommendations for increasing manning levels, if 
        appropriate, at each component command, and especially at Army 
        special operations command.
            (6) A plan to sustain the cultural engagement group of 
        special operations command central.
            (7) An assessment of the resourcing requirements to 
        establish capability similar to the cultural engagement group 
        capability at the other theater special operations command 
        locations.
            (8) A review and assessment for improving the relationship 
        between special operations command and each of the theater 
        special operations commands under the geographical combatant 
        commands and the establishment of a more direct administrative 
        and collaborative link between them.
            (9) A review and assessment of existing Department of 
        Defense executive agent support to special operations command 
        and its subordinate components, as well as commentary about 
        proposals to use the same executive agent throughout the 
        special operations community.
            (10) An updated assessment on the specific proposal to 
        provide executive agent support from the Defense Logistics 
        Agency for special operations command.
            (11) A recommendation and plan for including international 
        development and conflict prevention representatives as 
        participants in the Center for Special Operations Interagency 
        Task Force process.
    (c) Report.--The report required by subsection (a) shall be 
submitted not later than March 15, 2010, to the congressional defense 
committees.

SEC. 935. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER PROGRESSION 
              OF UNIFORMED AND CIVILIAN MILITARY CYBER OPERATIONS 
              PERSONNEL.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report assessing the challenges to retention and 
professional development of cyber operations personnel within the 
Department of Defense.
    (b) Matters to Be Addressed.--The assessment by the Secretary of 
Defense shall address the following matters:
            (1) The sufficiency of the numbers and types of personnel 
        available for cyber operations, including an assessment of the 
        balance between military and civilian positions.
            (2) The definition and coherence of career fields for both 
        members of the Armed Forces and civilian employees of the 
        Department of Defense.
            (3) The types of recruitment and retention incentives 
        available to members of the Armed Forces and civilian employees 
        of the Department of Defense.
            (4) Identification of legal, policy, or administrative 
        impediments to attracting and retaining cyber operations 
        personnel.
            (5) The standards used by the Department of Defense to 
        measure effectiveness at recruiting, retaining, and ensuring an 
        adequate career progression for cyber operations personnel.
            (6) The effectiveness of educational and outreach 
        activities used to attract, retain, and reward cyber operations 
        personnel, including how to expand outreach to academic 
        institutions and improve coordination with other civilian 
        agencies and industrial partners.
            (7) The management of educational and outreach activities 
        used to attract, retain, and reward cyber operations personnel, 
        such as the National Centers of Academic Excellence in 
        Information Assurance Education.
    (c) Cyber Operations Personnel Defined.--In this section, the term 
``cyber operations personnel'' refers to members of the Armed Forces 
and civilian employees of the Department of Defense involved with the 
operations and maintenance of a computer network connected to the 
global information grid, as well as offensive, defensive, and 
exploitation functions of such a network.

SEC. 936. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES.

    (a) Recognition and Support.--Section 109 of title 32, United 
States Code, is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (k) and (l), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Recognition.--Congress hereby recognizes forces established 
under subsection (c) as an integral military component of the homeland 
security effort of the United States, while reaffirming that those 
forces remain entirely State regulated, organized, and equipped and 
recognizing that those forces will be used for homeland security 
purposes exclusively at the local level and in accordance with State 
law.
    ``(e) Assistance by Department of Defense.--(1) The Secretary of 
Defense may coordinate homeland security efforts with, and provide 
assistance to, a defense force established under subsection (c) to the 
extent such assistance is requested by a State or by a force 
established under subsection (c) and subject to the provisions of this 
section.
    ``(2) The Secretary may not provide assistance under paragraph (1) 
if, in the judgment of the Secretary, such assistance would--
            ``(A) impede the ability of the Department of Defense to 
        execute missions of the Department;
            ``(B) take resources away from warfighting units;
            ``(C) incur nonreimbursed identifiable costs; or
            ``(D) consume resources in a manner inconsistent with the 
        mission of the Department of Defense.
    ``(f) Use of Department of Defense Property and Equipment.--The 
Secretary of Defense may authorize qualified personnel of a force 
established under subsection (c) to use and operate property, arms, 
equipment, and facilities of the Department of Defense as needed in the 
course of training activities and State active duty.
    ``(g) Transfer of Excess Equipment.--(1) The Secretary of Defense 
may transfer to a State or a force established under subsection (c) any 
personal property of the Department of Defense that the Secretary 
determines is--
            ``(A) excess to the needs of the Department of Defense; and
            ``(B) suitable for use by a force established under 
        subsection (c).
    ``(2) The Secretary of Defense may transfer personal property under 
this section only if--
            ``(A) the property is drawn from existing stocks of the 
        Department of Defense;
            ``(B) the recipient force established under subsection (c) 
        accepts the property on an as-is, where-is basis;
            ``(C) the transfer is made without the expenditure of any 
        funds available to the Department of Defense for the 
        procurement of defense equipment; and
            ``(D) all costs incurred subsequent to the transfer of the 
        property are borne or reimbursed by the recipient.
    ``(3) Subject to paragraph (2)(D), the Secretary may transfer 
personal property under this section without charge to the recipient 
force established under subsection (c).
    ``(h) Federal/State Training Coordination.--(1) Participation by a 
force established under subsection (c) in a training program of the 
Department of Defense is at the discretion of the State.
    ``(2) Nothing in this section may be construed as requiring the 
Department of Defense to provide any training program to any such 
force.
    ``(3) Any such training program shall be conducted in accordance 
with an agreement between the Secretary of Defense and the State or the 
force established under subsection (c) if so authorized by State law.
    ``(4) Any direct costs to the Department of Defense of providing 
training assistance to a force established under subsection (c) shall 
be reimbursed by the State. Any agreement under paragraph (3) between 
the Department of Defense and a State or a force established under 
subsection (c) for such training assistance shall provide for payment 
of such costs.
    ``(i) Federal Funding of State Defense Forces.--Funds available to 
the Department of Defense may not be made available to a State defense 
force.
    ``(j) Liability.--Any liability for injuries or damages incurred by 
a member of a force established under subsection (c) while engaged in 
training activities or State active duty shall be the sole 
responsibility of the State, regardless of whether the injury or damage 
was incurred on United States property or involved United States 
equipment or whether the member was under direct supervision of United 
States personnel at the time of the incident.''.
    (b) Definition of State.--
            (1) Definition.--Such section is further amended by adding 
        at the end the following new subsection:
    ``(n) State Defined.--In this section, the term `State' includes 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, and 
the Virgin Islands.''.
            (2) Conforming amendments.--Such section is further amended 
        in subsections (a), (b), and (c) by striking ``a State, the 
        Commonwealth of Puerto Rico, the District of Columbia, Guam, or 
        the Virgin Islands'' each place it appears and inserting ``a 
        State''.
    (c) Stylistic Amendments.--Such section is further amended--
            (1) in subsection (a), by inserting ``Prohibition on 
        Maintenance of Other Troops.--'' after ``(a)'';
            (2) in subsection (b), by inserting ``Use Within State 
        Borders.--'' after ``(b)'';
            (3) in subsection (c), by inserting ``State Defense Forces 
        Authorized.--'' after ``(c)'';
            (4) in subsection (k), as redesignated by subsection 
        (a)(1), by inserting ``Effect of Membership in Defense 
        Forces.--'' after ``(k)''; and
            (5) in subsection (l), as redesignated by subsection 
        (a)(1), by inserting ``Prohibition on Reserve Component Members 
        Joining Defense Forces.--'' after ``(l)''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 109. Maintenance of other troops: State defense forces''.
            (2) Clerical amendment.--The item relating to such section 
        in the table of sections at the beginning of chapter 1 of such 
        title is amended to read as follows:

``109. Maintenance of other troops: State defense forces.''.

                      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

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.

                     Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this division for 
        fiscal year 2010 between any such authorizations for that 
        fiscal year (or any subdivisions thereof). Amounts of 
        authorizations so transferred shall be merged with and be 
        available for the same purposes as the authorization to which 
        transferred.
            (2) Limitations.--Except as provided in paragraphs (3) and 
        (4), the total amount of authorizations that the Secretary may 
        transfer under the authority of this section may not exceed 
        $5,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).
            (4) Exception for transfers for health information 
        management and information technology systems.--A transfer of 
        funds from the Office of the Secretary of Defense for the 
        support of the Department of Defense Health Information 
        Management and Information Technology systems shall not be 
        counted toward the dollar limitation in paragraph (2).
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.
    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount 
is transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).

SEC. 1002. INCORPORATION OF FUNDING DECISIONS INTO LAW.

    (a) Amounts Specified in Committee Report Are Authorized by Law.--
Wherever a funding table in the report of the Committee on Armed 
Services of the House of Representatives to accompany the bill H.R. 
2647 of the 111th Congress specifies a dollar amount for a project, 
program, or activity, the obligation and expenditure of the specified 
dollar amount for the indicated project, program, or activity is hereby 
authorized by law to be carried out to the same extent as if included 
in the text of this Act, subject to the availability of appropriations.
    (b) Merit-Based Decisions.--Decisions by agency heads to commit, 
obligate, or expend funds with or to a specific entity on the basis of 
dollar amount authorized pursuant to subsection (a) shall be based on 
authorized, transparent, statutory criteria, or merit-based selection 
procedures in accordance with the requirements of sections 2304(k) and 
2374 of title 10, United States Code, and other applicable provisions 
of law.
    (c) Relationship to Transfer and Reprogramming Authority.--This 
section does not prevent an amount covered by this section from being 
transferred or reprogrammed under a transfer or reprogramming authority 
provided by another provision of this Act or by other law. The transfer 
or reprogramming of an amount incorporated into the Act by this section 
shall not count against a ceiling on such transfers or reprogrammings 
under section 1001 of this Act or any other provision of law, unless 
such transfer or reprogramming would move funds between appropriation 
accounts.
    (d) Applicability to Classified Annex.--This section applies to any 
classified annex to the report referred to in subsection (a).
    (e) Oral and Written Communication.--No oral or written 
communication concerning any amount specified in the report referred to 
in subsection (a) shall supersede the requirements of this section.

SEC. 1003. ADJUSTMENT OF CERTAIN AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Air Force Research, Development, Test, and Evaluation.--Funds 
authorized to be appropriated in section 201(3) for research, 
development, test, and evaluation for the Air Force are reduced by 
$2,900,000, to be derived from sensors and near field communication 
technologies.
    (b) Army Operation and Maintenance.--Funds authorized to be 
appropriated in section 301(1) for operation and maintenance for the 
Army are reduced by $18,000,000, to be derived from unobligated 
balances for the Army in the amount of $11,700,000 and fuel purchases 
for the Army in the amount of $6,300,000.
    (c) Navy Operation and Maintenance.--
            (1) Reduction.--Funds authorized to be appropriated in 
        section 301(2) for operation and maintenance for the Navy are 
        reduced by $22,900,000 to be derived from unobligated balances 
        for the Navy in the amount of $11,700,000 and fuel purchases 
        for the Navy in the amount of $11,200,000.
            (2) Availability.--Of the funds authorized to be 
        appropriated in section 301(2) for operation and maintenance 
        for the Navy for the purpose of Ship Activations/Inactivations, 
        $6,000,000 shall be available for the Navy Ship Disposal-
        Carrier Demonstration Project.
    (d) Marine Corps Operation and Maintenance.--Funds authorized to be 
appropriated in section 301(3) for operation and maintenance for the 
Marine Corps are reduced by $2,000,000, to be derived from unobligated 
balances for the Marine Corps in the amount of $1,100,000 and fuel 
purchases for the Marine Corps in the amount of $900,000.
    (e) Air Force Operation and Maintenance.--Funds authorized to be 
appropriated in section 301(4) for operation and maintenance for the 
Air Force are reduced by $25,000,000, to be derived from unobligated 
balances for the Air Force in the amount of $4,300,000 and fuel 
purchases for the Air Force in the amount of $20,700,000.
    (f) Defense-wide Operation and Maintenance.--Funds authorized to be 
appropriated in section 301(5) for operation and maintenance for 
Defense-wide activities are reduced by $5,200,000, to be derived from 
unobligated balances for Defense-wide activities in the amount of 
$4,300,000 and fuel purchases for Defense-wide activities in the amount 
of $900,000.
    (g) Military Personnel.--Funds authorized to be appropriated in 
section 421 for military personnel accounts are reduced by $50,000,000, 
to be derived from unobligated balances for military personnel 
accounts.

       Subtitle B--Counter-Drug and Counter-Terrorism Activities

SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE COUNTER-DRUG 
              AUTHORITIES AND REQUIREMENTS.

    (a) Reporting Requirement on Expenditures to Support Foreign 
Counter-drug Activities.--Section 1022(a) of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106-398; 114 Stat. 1654A-255), as most recently 
amended by section 1021 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4586), is further amended by striking ``April 15, 2006'' and all that 
follows through ``February 15, 2009'' and inserting ``February 15, 
2010''.
    (b) Unified Counter-drug and Counterterrorism Campaign in 
Colombia.--Section 1021 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2042), as most recently amended by section 1023 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4586), is further amended--
            (1) in subsection (a), by striking ``2009'' and inserting 
        ``2010''; and
            (2) in subsection (c), by striking ``2009'' and inserting 
        ``2010''.
    (c) Support for Counter-drug Activities of Certain Foreign 
Governments.--Section 1033(a)(2) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most 
recently amended by section 1024(a) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4587), is further amended by striking ``2009'' and inserting 
``2010''.

SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES 
              CONDUCTING COUNTER-TERRORISM ACTIVITIES.

    Section 1022(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as most 
recently amended by section 1022 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4586), is further amended by striking ``2009'' and inserting ``2010''.

SEC. 1013. BORDER COORDINATION CENTERS IN AFGHANISTAN AND PAKISTAN.

    (a) Prohibition on Use of Counter-narcotic Assistance for Border 
Coordination Centers.--
            (1) Prohibition.--Amounts available for drug interdiction 
        and counter-drug activities of the Department of Defense may 
        not be expended for the construction, expansion, repair, or 
        operation and maintenance of any existing or proposed border 
        coordination center.
            (2) Rule of construction.--Paragraph (1) does not prohibit 
        or limit the use of other funds available to the Department of 
        Defense to construct, expand, repair, or operate and maintain 
        border coordination centers.
    (b) Limitation on Establishment of Additional Centers.--The 
Secretary of Defense may not authorize the establishment, or any 
construction in connection with the establishment, of a third border 
coordination center in the area of operations of Regional Command-East 
in the Islamic Republic of Afghanistan until a border coordination 
center has been constructed, or is under construction, in either--
            (1) the area of operations of Regional Command-South in the 
        Islamic Republic of Afghanistan; or
            (2) Baluchistan in the Islamic Republic of Pakistan.
    (c) Border Coordination Center Defined.--In this section, the term 
``border coordination center'' means multilateral military coordination 
and intelligence center that is located, or intended to be located, 
near the border between the Islamic Republic of Afghanistan and the 
Islamic Republic of Pakistan.

SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF 
              ACCOUNTABILITY MEASURES FOR ASSISTANCE FROM COUNTER-
              NARCOTICS CENTRAL TRANSFER ACCOUNT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report on the performance evaluation 
system used by the Secretary of Defense to assess the effectiveness of 
assistance provided for foreign nations to achieve the counter-
narcotics objectives of the Department of Defense. The report shall be 
unclassified, but may contain a classified annex.
    (b) Elements.--The report required by subsection (a) shall contain 
the following:
            (1) A description of the performance evaluation system of 
        the Department of Defense used to determine the efficiency and 
        effectiveness of counter-narcotics assistance provided by the 
        Department of Defense to foreign nations.
            (2) An assessment of the ability of the performance 
        evaluation system to accurately measure the efficiency and 
        effectiveness of such counter-narcotics assistance.
            (3) Detailed recommendations on how to improve the capacity 
        of the performance evaluation system for the counter-narcotics 
        central transfer account.

         Subtitle C--Miscellaneous Authorities and Limitations

SEC. 1021. OPERATIONAL PROCEDURES FOR EXPERIMENTAL MILITARY PROTOTYPES.

    (a) In General.--For the purposes of conducting test and evaluation 
of experimental military prototypes, including major systems, as 
defined in section 2302 of title 10, United States Code, that have been 
substantially modified for testing with the goal of developing new 
technology for increasing the capability, capacity, efficiency, or 
reliability of such systems, and for stimulating innovation in research 
and development to improve equipment or system capability, the senior 
military officer of each military service, in consultation with the 
senior acquisition executive of each military department, shall develop 
and prescribe guidance to enable an expedited process for the 
documentation and approval of deviations from standardized operating 
instructions and procedures for systems and equipment that have been 
substantially modified for the purpose of research, development, or 
testing. The guidance shall--
            (1) provide for appropriate consideration of the safety of 
        personnel conducting such tests and evaluations;
            (2) ensure that, prior to the approval of any such 
        deviation, sufficient engineering and risk management analysis 
        has been completed by a competent technical authority to 
        provide a reasonable basis for determining that the proposed 
        deviation will not result in an unreasonable risk of liability 
        to the United States;
            (3) provide full and fair opportunity for all contractors, 
        including non-traditional defense contractors, who have 
        developed or proposed promising technologies, to test and 
        evaluate experimental military prototypes in a manner that--
                    (A) allows both the contractor and the military 
                service to assess the full potential of the technology 
                prior to the establishment of a formal acquisition 
                program; and
                    (B) does not unduly restrict the operating 
                envelope, environment, or conditions approved for use 
                during test and evaluation on the basis of existing 
                operating instructions and procedures developed for 
                sustained operations of proven military hardware, but 
                does ensure that deviations from existing operating 
                instructions and procedures have been subjected to 
                appropriate technical review consistent with any 
                modifications made to the system or equipment; and
            (4) ensure that documentation and approval of such 
        deviations--
                    (A) can be accomplished in a transparent, cost-
                effective, and expeditious manner, generally within the 
                period of performance of the contract for the 
                development of the experimental military prototype;
                    (B) address the use of a major system as an 
                experimental military prototype by a contractor, and 
                the conduct of test and evaluation of such system by 
                the contractor; and
                    (C) identify the scope of test and evaluation to be 
                conducted under such deviation, the responsibilities of 
                the parties conducting the test and evaluation, 
                including the assumption of liability, and the 
                responsibility for disposal of the experimental 
                military prototype or, as appropriate, the return of a 
                major system to its original condition.
    (b) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary of each military department shall 
submit to the congressional defense committees a report documenting the 
guidance developed in accordance with subsection (a) and describing how 
such guidance fulfills the objectives under paragraphs (1) through (4) 
of such subsection.
    (c) One Time Authority to Convey.--
            (1) In general.--In advance of the development of a process 
        required by subsection (a), the Secretary of the Navy is 
        authorized to convey, without consideration, to Piasecki 
        Aircraft Corporation of Essington, Pennsylvania (in this 
        section referred to as ``transferee''), all right, title, and 
        interest of the United States, except as otherwise provided in 
        this subsection, in and to Navy aircraft N40VT (Bureau Number 
        163283), also known as the X-49A aircraft, and associated 
        components and test equipment, previously specified as 
        Government furnished equipment in contract N00019-00-C-0284. 
        The conveyance shall be made by means of a deed of gift.
            (2) Conditions.--The conveyance under paragraph (1) may 
        only be made under the following conditions:
                    (A) The aircraft shall be conveyed in its current, 
                ``as is'' condition.
                    (B) The Secretary is not required to repair or 
                alter the condition of the aircraft before conveying 
                ownership of the aircraft.
                    (C) The conveyance shall be made at no cost to the 
                United States. Any costs associated with the conveyance 
                shall be borne by the transferee.
                    (D) The Secretary may require such additional terms 
                and conditions in connection with a conveyance under 
                this section as the Secretary considers appropriate to 
                protect the interests of the United States, except that 
                such terms and conditions shall include, at a minimum--
                            (i) a provision stipulating that the 
                        conveyance of the X-49A aircraft is for the 
                        sole purpose of further development, test, and 
                        evaluation of vectored thrust ducted propeller 
                        (VTDP) technology and that all items referenced 
                        in paragraph (1) will transfer back to the 
                        United States Navy, at no cost to the United 
                        States, in the event that the X-49A aircraft is 
                        utilized for any other purpose; and
                            (ii) a provision providing the Government 
                        the right to procure the vectored thrust ducted 
                        propeller (VTDP) technology demonstrated under 
                        this program at a discounted cost based on the 
                        value of the X-49A aircraft and associated 
                        equipment at the time of transfer, with such 
                        valuation and terms determined by the 
                        Secretary.
                    (E) Upon such conveyance, the United States shall 
                not be liable for any death, injury, loss, or damage 
                that results from the use of that aircraft by any 
                person other than the United States.

SEC. 1022. TEMPORARY REDUCTION IN MINIMUM NUMBER OF OPERATIONAL 
              AIRCRAFT CARRIERS.

    (a) Temporary Waiver.--Notwithstanding section 5062(b) of title 10, 
United States Code, during the period beginning on the date of the 
inactivation of the U.S.S. Enterprise (CVN-65) scheduled, as of the 
date of the enactment of this Act, for fiscal year 2013 and ending on 
the date of the commissioning into active service of the U.S.S. Gerald 
R. Ford (CVN-78), the number of operational aircraft carriers in the 
naval combat forces of the Navy may be 10.
    (b) Evaluation and Report.--
            (1) Evaluation.--During the fiscal year 2012, the Chairman 
        of the Joint Chiefs of Staff, in coordination with the 
        commanders of the combatant commands, shall evaluate the 
        required postures and capabilities of each of the combatant 
        commands to assess the level of increased risk that could 
        result due to a temporary reduction in the total number of 
        operational aircraft carriers following the inactivation of the 
        U.S.S. Enterprise (CVN-65).
            (2) Report to congress.--Together with the budget materials 
        submitted to Congress by the Secretary of Defense in support of 
        the President's budget for fiscal year 2013, the Secretary of 
        Defense shall submit to the congressional defense committees a 
        report containing the findings of the evaluation conducted 
        pursuant to paragraph (1), and the basis for each such finding.

SEC. 1023. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF 
              INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, 
              GUANTANAMO BAY, CUBA.

    (a) In General.--The Secretary of Defense may not use any of the 
amounts authorized to be appropriated in this Act or otherwise 
available to the Department of Defense for fiscal year 2010 or any 
subsequent fiscal year to release or transfer any individual described 
in subsection (d) to the United States, its territories, or 
possessions, until 120 days after the President has submitted to the 
congressional defense committees the plan described in subsection (b).
    (b) Plan Required.--The President shall submit to the congressional 
defense committees a plan on the disposition of each individual 
described in subsection (d). Such plan shall include--
            (1) an assessment of the risk that the individual described 
        in subsection (d) poses to the national security of the United 
        States, its territories, or possessions;
            (2) a proposal for the disposition of each such individual;
            (3) a plan to mitigate any risks described in paragraph (1) 
        should the proposed disposition required by paragraph (2) 
        include the release or transfer to the United States, its 
        territories, or possessions of any such individual; and
            (4) a summary of the consultation required in subsection 
        (c).
    (c) Consultation Required.--The President shall consult with the 
chief executive of the State, the District of Columbia, or the 
territory or possession of the United States to which the disposition 
in subsection (b) includes a release or transfer to that State, 
District of Columbia, or territory or possession.
    (d) Detainees Described.--An individual described in this 
subsection is any individual who is located at United States Naval 
Station, Guantanamo Bay, Cuba, as of the date of the enactment of this 
Act, who--
            (1) is not a citizen of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at the United States 
                Naval Station, Guantanamo Bay, Cuba.

SEC. 1024. CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE.

    Not later than 90 days after the date of the enactment of this Act, 
the Director of National Intelligence and the Secretary of Defense 
shall jointly submit to the congressional intelligence and defense 
committees a revised charter for the National Reconnaissance Office 
(hereinafter in this section referred to as the ``NRO''). The charter 
shall include the following:
            (1) The organizational and governance structure of the NRO.
            (2) The provision of NRO participation in the development 
        and generation of requirements and acquisition.
            (3) The scope of the capabilities of the NRO.
            (4) The roles and responsibilities of the NRO and the 
        relationship of the NRO to other organizations and agencies in 
        the intelligence and defense communities.

                    Subtitle D--Studies and Reports

SEC. 1031. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON THE 2009 
              QUADRENNIAL DEFENSE REVIEW.

    (a) Comptroller General Report.--Not later than 90 days after the 
Secretary of Defense releases the report on the 2009 quadrennial 
defense review, the Comptroller General shall submit to the 
congressional defense committees and to the Secretary of Defense a 
report on the degree to which the report on the 2009 quadrennial 
defense review complies with the requirements of subsection (d) of 
section 118 of title 10, United States Code.
    (b) Secretary of Defense Report.--If the Comptroller General 
determines that the report on the 2009 quadrennial defense review 
deviates significantly from the requirements of subsection (d) of 
section 118 of such title, the Secretary of Defense shall submit to the 
congressional defense committees a report addressing the areas of 
deviation not later than 30 days after the submission of the report by 
the Comptroller General required by paragraph (1).

SEC. 1032. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 2009 
              QUADRENNIAL DEFENSE REVIEW.

    (a) Report Requirement.--Concurrent with the delivery of the report 
on the 2009 quadrennial defense review required by section 118 of title 
10, United States Code, the Secretary of Defense shall submit to the 
congressional defense committees a report with a classified annex 
containing--
            (1) the analyses used to determine and support the findings 
        on force structure required by such section; and
            (2) a description of any changes from the previous 
        quadrennial defense review to the minimum military requirements 
        for major military capabilities.
    (b) Major Military Capabilities Defined.--In this section, the term 
``major military capabilities'' includes any capability the Secretary 
determines to be a major military capability, any capability discussed 
in the report of the 2006 quadrennial defense review, and any 
capability described in paragraph (9) or (10) of section 118(d) of 
title 10, United States Code.

SEC. 1033. SENSE OF CONGRESS AND AMENDMENT RELATING TO QUADRENNIAL 
              DEFENSE REVIEW.

    (a) Sense of Congress.--It is the sense of Congress that the 
quadrennial defense review is a strategy process that necessarily 
produces budget plans; however, budget pressures should not determine 
or limit its outcomes.
    (b) Relationship of QDR to Budget.--Section 118(a) of title 10, 
United States Code, is amended--
            (1) by inserting ``(1)'' before ``The Secretary of 
        Defense''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The existence of the quadrennial defense review does not 
exempt the President or the Department of Defense from fulfilling its 
annual legal obligations to submit to Congress a budget and all legally 
required supporting documentation.''.

SEC. 1034. STRATEGIC REVIEW OF BASING PLANS FOR UNITED STATES EUROPEAN 
              COMMAND.

    (a) Report Requirement.--Concurrent with the delivery of the report 
on the 2009 quadrennial defense review required by section 118 of title 
10, United States Code, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the plan for basing of 
forces in the European theater, containing a description of--
            (1) how the plan supports the United States national 
        security strategy;
            (2) how the plan satisfies the commitments undertaken by 
        the United States pursuant to Article 5 of the North Atlantic 
        Treaty, signed at Washington, District of Columbia, on April 4, 
        1949, and entered into force on August 24, 1949 (63 Stat. 2241; 
        TIAS 1964);
            (3) how the plan addresses the current security environment 
        in Europe, including United States participation in theater 
        cooperation activities;
            (4) how the plan contributes to peace and stability in 
        Europe; and
            (5) the impact that a permanent change in the basing of a 
        unit currently assigned to United States European Command would 
        have on the matters described in paragraphs (1) through (4).
    (b) Notification Requirement.--The Secretary of Defense shall 
notify Congress at least 30 days before the permanent relocation of a 
unit stationed outside the continental United States as of the date of 
the enactment of this Act.
    (c) Definitions.--In this section:
            (1) Unit.--The term ``unit'' has the meaning determined by 
        the Secretary of Defense for purposes of this section.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional defense committees;
                    (B) the Committee on Foreign Relations of the 
                Senate and the Committee on Foreign Affairs of the 
                House of Representatives; and
                    (C) the Select Committee on Intelligence of the 
                Senate and the Permanent Select Committee on 
                Intelligence of the House of Representatives.

SEC. 1035. NATIONAL DEFENSE PANEL.

    (a) Establishment.--There is established a bipartisan, independent 
panel to be known as the National Defense Panel (in this section 
referred to as the ``Panel''). The Panel shall have the duties set 
forth in this section.
    (b) Membership.--The Panel shall be composed of twelve members who 
are recognized experts in matters relating to the national security of 
the United States. The members shall be appointed as follows:
            (1) Three by the chairman of the Committee on Armed 
        Services of the House of Representatives.
            (2) Three by the chairman of the Committee on Armed 
        Services of the Senate.
            (3) Two by the ranking member of the Committee on Armed 
        Services of the House of Representatives.
            (4) Two by the ranking member of the Committee on Armed 
        Services of the Senate.
            (5) Two by the Secretary of Defense.
    (c) Co-chairs of the Panel.--The chairman of the Committee on Armed 
Services of the House of Representatives and the chairman of the 
Committee of Armed Services of the Senate shall each designate one of 
their appointees under subsection (b) to serve as co-chair of the 
panel.
    (d) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Panel. Any vacancy in the Panel shall be filled in 
the same manner as the original appointment.
    (e) Duties.--The Panel shall--
            (1) review the national defense strategy, the national 
        military strategy, the Secretary of Defense's terms of 
        reference, and any other materials providing the basis for, or 
        substantial inputs to, the work of the Department of Defense on 
        the 2009 quadrennial defense review under section 118 of title 
        10, United States Code (in this subsection referred to as the 
        ``2009 QDR''), as well as the 2009 QDR itself;
            (2) conduct an assessment of the assumptions, strategy, 
        findings, costs, and risks of the report of the 2009 QDR, with 
        particular attention paid to the risks described in that 
        report;
            (3) submit to the congressional defense committees and the 
        Secretary an independent assessment of a variety of possible 
        force structures of the Armed Forces, including the force 
        structure identified in the report of the 2009 QDR, suitable to 
        meet the requirements identified in the review required in 
        paragraph (1);
            (4) to the extent practicable, estimate the funding 
        required by fiscal year, in constant fiscal year 2010 dollars, 
        to organize, equip, and support the forces contemplated under 
        the force structures assessed in the assessment under paragraph 
        (3); and
            (5) provide to Congress and the Secretary of Defense, 
        through the reports under subsection (g), any recommendations 
        it considers appropriate for their consideration.
    (f) First Meeting.--
            (1) The Panel shall hold its first meeting no later than 30 
        days after the date as of which all appointments to the Panel 
        under paragraphs (1), (2), (3), and (4) of subsection (b) have 
        been made.
            (2) If the Secretary of Defense has not made the 
        Secretary's appointments to the Panel under subsection (b)(5) 
        by the date of the first meeting pursuant to paragraph (1), the 
        Panel shall convene with the remaining members.
    (g) Reports.--
            (1) Not later than April 15, 2010, the Panel shall submit 
        an interim report on its findings to the congressional defense 
        committees and to the Secretary of Defense.
            (2) Not later than January 15, 2011, the Panel shall submit 
        its final report, together with any recommendations, to the 
        congressional defense committees and to the Secretary of 
        Defense.
            (3) Not later than February 15, 2011, the Secretary of 
        Defense, after consultation with the Chairman of the Joint 
        Chiefs of Staff, shall submit to the committees referred to in 
        paragraph (2) the Secretary's comments on the Panel's final 
        report under that paragraph.
    (h) Information From Federal Agencies.--The Panel may secure 
directly from the Department of Defense and any of its components such 
information as the Panel considers necessary to carry out its duties 
under this section. The head of the department or agency concerned 
shall ensure that information requested by the Panel under this 
subsection is promptly provided.
    (i) FFRDC Support.--Upon the request of the co-chairs of the Panel, 
the Secretary of Defense shall make available to the Panel the services 
of any federally funded research and development center that is covered 
by a sponsoring agreement of the Department of Defense.
    (j) Personnel Matters.--The Panel shall have the authorities 
provided in section 3161 of title 5, United States Code, and shall be 
subject to the conditions set forth in such section.
    (k) Payment of Panel Expenses.--Funds for activities of the Panel 
shall be provided from amounts available to the Department of Defense.
    (l) Termination.--The Panel shall terminate 45 days after the date 
on which the Panel submits its final report under subsection (g)(2).

SEC. 1036. REPORT REQUIRED ON NOTIFICATION OF DETAINEES OF RIGHTS UNDER 
              MIRANDA V. ARIZONA.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on how the reading of rights under Miranda v. 
Arizona (384 U.S. 436 (1966)) to individuals detained by the United 
States in Afghanistan may affect--
            (1) the rules of engagement of the Armed Forces deployed in 
        support of Operation Enduring Freedom;
            (2) post-capture interrogations and intelligence-gathering 
        activities conducted as part of Operation Enduring Freedom;
            (3) the overall counterinsurgency strategy and objectives 
        of the United States for Operation Enduring Freedom;
            (4) United States military operations and objectives in 
        Afghanistan; and
            (5) potential risks to members of the Armed Forces 
        operating in Afghanistan.

SEC. 1037. ANNUAL REPORT ON THE ELECTRONIC WARFARE STRATEGY OF THE 
              DEPARTMENT OF DEFENSE.

    (a) Annual Report Required.--At the same time as the President 
submits to Congress the budget under section 1105(a) of title 31, 
United States Code, for fiscal year 2011, and for each subsequent 
fiscal year, the Secretary of Defense, in coordination with the 
Chairman of the Joint Chiefs of Staff and the Secretary of each of the 
military departments, shall submit to the congressional defense 
committees an annual report on the electronic warfare strategy of the 
Department of Defense.
    (b) Contents of Report.--Each report required under subsection (a) 
shall include each of the following:
            (1) A description and overview of--
                    (A) the Department of Defense's electronic warfare 
                strategy;
                    (B) how such strategy supports the National Defense 
                Strategy; and
                    (C) the organizational structure assigned to 
                oversee the development of the Department's electronic 
                warfare strategy, requirements, capabilities, programs, 
                and projects.
            (2) A list of all the electronic warfare acquisition 
        programs and research and development projects of the 
        Department of Defense and a description of how each program or 
        project supports the Department's electronic warfare strategy.
            (3) For each unclassified program or project on the list 
        required by paragraph (2)--
                    (A) the senior acquisition executive and 
                organization responsible for oversight of the program 
                or project;
                    (B) whether or not validated requirements exist for 
                each program or project and, if such requirements 
                exist, the date on which the requirements were 
                validated and by which organizational authority;
                    (C) the total amount of funding appropriated, 
                obligated, and forecasted by fiscal year for the 
                program or project, to include the program element or 
                procurement line number from which the program or 
                project receives funding;
                    (D) the development or procurement schedule for the 
                program or project;
                    (E) an assessment of the cost, schedule, and 
                performance of the program or project as it relates to 
                the program or project's current program baseline and 
                the original program baseline if such baselines are not 
                the same;
                    (F) the technology readiness level of each critical 
                technology that is part of the program or project;
                    (G) whether or not the program or project is 
                redundant or overlaps with the efforts of another 
                military department; and
                    (H) what capability gap the program or project is 
                being developed or procured to fulfill.
            (4) A classified annex that contains the items described in 
        subparagraphs (A) through (H) for each classified program or 
        project on the list required by paragraph (2).

SEC. 1038. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR ACQUISITION AND 
              FUNDING OF TECHNOLOGIES SUPPORTING NETWORK-CENTRIC 
              OPERATIONS.

    (a) Studies Required.--
            (1) Independent study.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall enter into a contract with an independent federally 
        funded research and development center to carry out a 
        comprehensive study of policies, procedures, organization, and 
        regulatory constraints affecting the acquisition of 
        technologies supporting network-centric operations. The 
        contract shall be funded from amounts appropriated pursuant to 
        an authorization of appropriations in this Act or otherwise 
        made available for fiscal year 2010 for operation and 
        maintenance for Defense-wide activities.
            (2) Joint chiefs of staff study.--The Chairman of the Joint 
        Chiefs of Staff shall carry out a comprehensive study of the 
        same subjects covered by paragraph (1). The study shall be 
        independent of the study required by paragraph (1) and shall be 
        carried out in conjunction with the military departments and in 
        coordination with the Secretary of Defense.
    (b) Matters to Be Addressed.--Each study required by subsection (a) 
shall address the following matters:
            (1) Development of a system for understanding the various 
        foundational components that contribute to network-centric 
        operations, such as data transport, processing, storage, data 
        collection, and dissemination of information.
            (2) Determining how acquisition and funding programs that 
        are in place as of the date of the enactment of this Act relate 
        to the system developed under paragraph (1).
            (3) Development of acquisition and funding models using the 
        system developed under paragraph (1), including--
                    (A) a model under which a joint entity independent 
                of any military department (such as the Joint Staff) is 
                established with responsibility and control of all 
                funding for the acquisition of technologies for 
                network-centric operations, and with authority to 
                oversee the incorporation of such technologies into the 
                acquisition programs of the military departments;
                    (B) a model under which an executive agent is 
                established to manage and oversee the acquisition of 
                technologies for network-centric operations, but would 
                not have exclusive control of the funding for such 
                programs;
                    (C) a model under which the acquisition and funding 
                programs that are in place as of the date of the 
                enactment of this Act are maintained; and
                    (D) any other model that the entity carrying out 
                the study considers relevant.
            (4) An analysis of each of the models developed under 
        paragraph (3) with respect to potential benefits in--
                    (A) collecting, processing, and disseminating 
                information;
                    (B) network commonality;
                    (C) common communications;
                    (D) interoperability;
                    (E) mission impact and success; and
                    (F) cost effectiveness.
            (5) An evaluation of each of the models developed under 
        paragraph (3) with respect to feasibility, including 
        identification of legal, policy, or regulatory barriers that 
        may impede the implementation of such model.
    (c) Report Required.--Not later than September 30, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the results of the studies required by 
subsection (a). The report shall include the findings and 
recommendations of the studies and any observations and comments that 
the Secretary considers appropriate.
    (d) Network-centric Operations Defined.--In this section, the term 
``network-centric operations'' refers to the ability to exploit all 
human and technical elements of the Joint Force and mission partners 
through the full integration of collected information, awareness, 
knowledge, experience, and decision-making, enabled by secure access 
and distribution, all to achieve agility and effectiveness in a 
dispersed, decentralized, dynamic, or uncertain operational 
environment.

SEC. 1039. REPORT ON COMPETITIVE PROCEDURES USED FOR EARMARKS IN 
              DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2008.

    (a) Report Requirement.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the congressional earmarks described in subsection 
(b).
    (b) Congressional Earmarks Described.--The congressional earmarks 
described in this subsection are the congressional earmarks (House) and 
the congressionally directed spending items (Senate) on the list 
published in compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives and rule XLIV of the Standing Rules of the 
Senate and contained on pages 372 to 476 of the Joint Explanatory 
Statement submitted by the Committee of Conference for the conference 
report to accompany H.R. 3222 of the 110th Congress (Report 110-434).
    (c) Matters Covered by Report.--The report required by subsection 
(a) shall set forth the following with respect to each congressional 
earmark on the list referred to in subsection (b):
            (1) The competitive procedures used to procure each 
        earmark, including the process used, the tools employed, and 
        the decisions reached.
            (2) If competitive procedures were not used to procure an 
        earmark, the reasons why competitive procedures were not used, 
        including a discussion of the decision making process and how 
        the decision to use procedures other than competitive 
        procedures was reached.

SEC. 1040. STUDY ON NATIONAL SECURITY PROFESSIONAL CAREER DEVELOPMENT 
              AND SUPPORT.

    (a) Study Required.--Not later than 30 days after the date of the 
enactment of this Act, the President shall designate an Executive 
agency to commission a study by an appropriate independent, non-profit 
organization. The organization selected shall study the design and 
implementation of an interagency system for the career development and 
support of national security professionals. The organization selected 
shall be qualified on the basis of having performed related work in the 
fields of national security and human capital development, and on the 
basis of such other criteria as the head of the Executive agency may 
determine.
    (b) Matters Considered.--The study required by subsection (a) 
shall, at a minimum, include the following:
            (1) The qualifications required to certify an employee as a 
        national security professional.
            (2) Methods for identifying and designating positions 
        within the Federal Government which require the knowledge, 
        skills and aptitudes of a national security professional.
            (3) The essential elements required for an accredited 
        interagency national security professional education system.
            (4) A system for training national security professionals 
        to ensure they develop and maintain the qualifications 
        identified under paragraph (1).
            (5) An institutional structure for managing a national 
        security professional career development system.
            (6) Potential mechanisms for funding a national security 
        professional career development program.
    (c) Report.--A report containing the findings and recommendations 
resulting from the study required by subsection (a), together with any 
views or recommendations of the President, shall be submitted to 
Congress by December 1, 2010.
    (d) Definitions.--For purposes of this section--
            (1) the term ``Executive agency'' has the meaning given 
        such term by section 105 of title 5, United States Code;
            (2) the term ``employee'' has the meaning given such term 
        by section 2105 of title 5, United States Code; and
            (3) the term ``national security professional'' means, with 
        respect to an employee of an Executive agency, an employee of 
        such agency in a position relating to the planning of, 
        coordination of, or participation in, interagency national 
        security operations.

                       Subtitle E--Other Matters

SEC. 1041. PROHIBITION RELATING TO PROPAGANDA.

    (a) In General.--
            (1) Prohibition.--Chapter 134 of title 10, United States 
        Code, is amended by inserting after section 2241 the following 
        new section:
``Sec. 2241a. Prohibition on use of funds for publicity or propaganda 
              purposes within the United States
    ``Funds available to the Department of Defense may not be obligated 
or expended for publicity or propaganda purposes within the United 
States not otherwise specifically authorized by law.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2241a. Prohibition on use of funds for publicity or propaganda 
                            purposes within the United States.''.
    (b) Effective Date.--Section 2241a of title 10, United States Code, 
as added by subsection (a), shall take effect on October 1, 2009, or 
the date of the enactment of this Act, whichever is later.

SEC. 1042. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR 
              COMBATING TERRORISM.

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

SEC. 1043. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
            (1) The heading of section 1567 is amended to read as 
        follows:
``Sec. 1567. Duration of military protective orders''.
            (2) The heading of section 1567a is amended to read as 
        follows:
``Sec. 1567a. Mandatory notification of issuance of military protective 
              order to civilian law enforcement''.
            (3) Section 2306c(h) is amended by striking ``section 
        2801(c)(2)'' and inserting ``section 2801(c)(4)''.
            (4) Section 2667(g)(1) is amended by striking ``Secretary 
        concerned concerned'' and inserting ``Secretary concerned''.
    (b) Title 37, United States Code.--Section 308(a)(2)(A)(ii) of 
title 37, United States Code, is amended by striking the comma before 
the period at the end.
    (c) Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009.--Effective as of October 14, 2008, and as if included 
therein as enacted, the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417) is amended as follows:
            (1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 2710 note) is 
        amended by striking ``Secretary'' and inserting ``Secretary of 
        Defense''.
            (2) Section 523(1) (122 Stat. 4446) is amended by striking 
        ``serving or'' and inserting ``serving in or''.
            (3) Section 616 (122 Stat. 4486) is amended by striking 
        ``of title'' in subsections (b) and (c) and inserting ``of such 
        title''.
            (4) Section 732(2) (122 Stat. 4511) is amended by striking 
        ``year.'' and inserting ``year''.
            (5) Section 811(c)(6)(A)(iv)(I) (122 Stat.4524) is amended 
        by striking ``after of `the program''' and inserting ``after 
        `of the program'''.
            (6) Section 813(d)(3) (122 Stat. 4527) is amended by 
        striking ``each of subsections (c)(2)(A) and (d)(2)'' and 
        inserting ``subsection (c)(2)(A)''.
            (7) Section 825(b) (122 Stat. 4534) is amended in the new 
        item being added by inserting a period after ``thereof''.
            (8) Section 834(a)(2) (122 Stat. 4537) is amended by 
        inserting ``subchapter II of'' before ``chapter 87''.
            (9) Section 845(a) (122 Stat. 4541) is amended--
                    (A) in paragraph (1), by striking ``Subchapter I'' 
                and inserting ``Subchapter II''; and
                    (B) in paragraph (2), by striking ``subchapter I'' 
                and inserting ``subchapter II''.
            (10) Section 855 (122 Stat. 4545) is repealed.
            (11) Section 921(1) (122 Stat. 4573) is amended by striking 
        ``subsections (f) and (g) as subsections (g) and (h)'' and 
        inserting ``subsections (f), (g), and (h) as subsections (g), 
        (h), and (i)''.
            (12) Section 931(b)(5) (122 Stat. 4575) is amended--
                    (A) by striking ``Section 201(e)(2)'' and inserting 
                ``Section 201(f)(2)(E)''; and
                    (B) by striking ``(6 U.S.C. 121(e)(2))'' and 
                inserting ``(6 U.S.C. 121(f)(2)(E))''.
            (13) Section 932 (122 Stat. 4576) is repealed.
            (14) Section 1033(b) (122 Stat. 4593) is amended by 
        striking ``chapter 941'' and inserting ``chapter 931''.
            (15) Section 1059 (122 Stat. 4611) is amended by striking 
        ``Act of'' and inserting ``Act for''.
            (16) Section 1061(b)(3) (122 Stat. 4613) is amended by 
        striking ``103'' and inserting ``188''.
            (17) Section 1109 (122 Stat. 4618) is amended in subsection 
        (e)(1) of the matter proposed to be added by striking ``the 
        date of the enactment of this Act'' and inserting ``October 14, 
        2008,''.
            (18) Section 2104(b) (122 Stat. 4664) is amended in the 
        matter preceding paragraph (1) by striking ``section 2401'' and 
        inserting ``section 2101''.
            (19) Section 3508(b) (122 Stat. 4769) is amended to read as 
        follows:
    ``(b) Conforming Amendment.--The chapter 541 of title 46, United 
States Code, as inserted and amended by the amendments made by 
subparagraphs (A) through (D) of section 3523(a)(6) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 599), is repealed.''.
            (20) Section 3511(d) (122 Stat. 4770) is amended by 
        inserting before the period the following: ``, and by striking 
        `calendar' and inserting `fiscal' in the heading for paragraph 
        (2)''.

SEC. 1044. REPEAL OF PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR 
              REFUELING SUPPORT FOR THE AIR FORCE.

    The National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181) is amended by striking section 1081.

SEC. 1045. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION ON THE 
              STRATEGIC POSTURE OF THE UNITED STATES.

    Section 1062 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 319) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively;
            (2) in subsection (h), as redesignated by paragraph (1) of 
        this subsection, by striking ``June 1, 2009'' and inserting 
        ``September 30, 2010''; and
            (3) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) Follow-on Report.--Not later than May 1, 2010, the commission 
shall submit to the President, the Secretary of Defense, the Secretary 
of Energy, the Secretary of State, the Committee on Armed Services of 
the Senate, the Committee on Foreign Relations of the Senate, the 
Committee on Armed Services of the House of Representatives, and the 
Committee on Foreign Affairs of the House of Representatives a follow-
on report to the report submitted under subsection (e). With respect to 
the matters described under subsection (c), the follow-on report shall 
include, at a minimum, the following:
            ``(1) A review of--
                    ``(A) the nuclear posture review required by 
                section 1070 of this Act; and
                    ``(B) the Quadrennial Defense Review required to be 
                submitted under section 118 of title 10, United States 
                Code.
            ``(2) A review of legislative actions taken by the 111th 
        Congress.''.

SEC. 1046. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO PORTUGUESE 
              NATIONALS EMPLOYED BY THE DEPARTMENT OF DEFENSE.

    (a) Authorization for Payments.--Subject to subsection (b), the 
Secretary of Defense may authorize payments to Portuguese nationals 
employed by the Department of Defense in Portugal, for the difference 
between--
            (1) the salary increases resulting from section 8002 of the 
        Department of Defense Appropriations Act, 2006 (Public Law 109-
        148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002 of 
        the Department of Defense Appropriations Act, 2007 (Public Law 
        109-289; 120 Stat. 1271; 10 U.S.C. 1584 note); and
            (2) salary increases supported by the Department of Defense 
        Azores Foreign National wage surveys for survey years 2006 and 
        2007.
    (b) Limitation.--The authority provided in subsection (a) may be 
exercised only if--
            (1) the wage survey methodology described in the United 
        States--Portugal Agreement on Cooperation and Defense, with 
        supplemental technical and labor agreements and exchange of 
        notes, signed at Lisbon on June 1, 1995, and entered into force 
        on November 21, 1995, is eliminated; and
            (2) the agreements and exchange of notes referred to in 
        paragraph (1) and any implementing regulations thereto are 
        revised to provide that the obligations of the United States 
        regarding annual pay increases are subject to United States 
        appropriation law governing the funding available for such 
        increases.
    (c) Authorization for Appropriation.--Of the amounts authorized to 
be appropriated under title III, not less than $240,000 is authorized 
to be appropriated for fiscal year 2010 for the purpose of the payments 
authorized by subsection (a).

SEC. 1047. COMBAT AIR FORCES RESTRUCTURING.

    (a) Limitations Relating to Legacy Aircraft.--Until the expiration 
of the 90-day period beginning on the date the Secretary of the Air 
Force submits a report in accordance with subsection (b), the following 
provisions apply:
            (1) Prohibition on retirement of aircraft.--The Secretary 
        of the Air Force may not retire any fighter aircraft pursuant 
        to the Combat Air Forces restructuring plan announced by the 
        Secretary on May 18, 2009.
            (2) Prohibition on personnel reassignments.--The Secretary 
        of the Air Force may not reassign any Air Force personnel 
        (whether on active duty or a member of a reserve component, 
        including the National Guard) associated with such 
        restructuring plan.
            (3) Requirements to continue funding.--
                    (A) Of the funds authorized to be appropriated in 
                title III of this Act for operations and maintenance 
                for the Air Force, at least $344,600,000 shall be 
                expended for continued operation and maintenance of the 
                249 fighter aircraft scheduled for retirement in fiscal 
                year 2010 pursuant to such restructuring plan.
                    (B) Of the funds authorized to be appropriated in 
                title I of this Act for procurement for the Air Force, 
                at least $10,500,000 shall be available for obligation 
                to provide for any modifications necessary to sustain 
                the 249 fighter aircraft.
    (b) Report.--The report under subsection (a) shall be submitted to 
the Committees on Armed Services of the House of Representatives and 
the Senate and shall include the following information:
            (1) A detailed plan of how the force structure and 
        capability gaps resulting from the retirement actions will be 
        addressed.
            (2) An explanation of the assessment conducted of the 
        current threat environment and current capabilities.
            (3) A description of the follow-on mission assignments for 
        each affected base.
            (4) An explanation of the criteria used for selecting the 
        affected bases and the particular fighters chosen for 
        retirement.
            (5) A description of the environmental analyses being 
        conducted.
            (6) An identification of the reassignment and manpower 
        authorizations necessary for the Air Force personnel (both 
        active duty and reserve component) affected by the retirements 
        if such retirements are accomplished.
            (7) A description of the funding needed in fiscal years 
        2010 through 2015 to cover operation and maintenance costs, 
        personnel, and aircraft procurement, if the restructuring plan 
        is not carried out.
            (8) An estimate of the cost avoidance should the 
        restructuring plan more forward and a description of how such 
        funds would be invested during the future-years defense plan to 
        ensure the remaining fighter force achieves the desired service 
        life and is sufficiently modernized to outpace the threat.
    (c) Exception for Certain Aircraft.--The prohibition in subsection 
(a)(1) shall not apply to the five fighter aircraft scheduled for 
retirement in fiscal year 2010, as announced when the budget for fiscal 
year 2009 was submitted to Congress.

SEC. 1048. SENSE OF CONGRESS HONORING THE HONORABLE ELLEN O. TAUSCHER.

    (a) Findings.--Congress makes the following findings:
            (1) In 1996, Representative Ellen O. Tauscher was elected 
        to represent California's 10th Congressional district, which is 
        located in the East Bay Area of northern California and 
        consists of parts of Solano, Contra Costa, Alameda, and 
        Sacramento counties.
            (2) Representative Tauscher also represents two of the 
        Nation's defense laboratories, Lawrence Livermore and the 
        California campus of Sandia, as well as Travis Air Force Base, 
        home of the 60th Air Mobility Wing and the Camp Parks Army 
        Reserve facility.
            (3) Prior to her service in Congress, Representative 
        Tauscher worked in the private sector for 20 years, 14 of which 
        were on Wall Street.
            (4) At age 25, Representative Tauscher became one of the 
        first women, and the youngest at the time, to hold a seat on 
        the New York Stock Exchange, and she later served as an officer 
        of the American Stock Exchange.
            (5) Representative Tauscher moved to California in 1989 and 
        shortly afterwards founded the first national research service 
        to help parents verify the background of childcare workers 
        while she sought quality childcare for her own daughter.
            (6) Subsequently, Representative Tauscher published a book 
        to help working parents make informed decisions about their own 
        childcare needs.
            (7) Representative Tauscher is known by her colleagues in 
        Congress as a leader on national security and nonproliferation 
        issues.
            (8) During her tenure, she has introduced legislation to 
        increase and expand the Nation's nonproliferation programs, 
        strengthen the Stockpile Stewardship Program, and provide the 
        Nation's troops with the support and equipment they deserve.
            (9) In the 110th Congress, Representative Tauscher was 
        appointed Chairman of the Strategic Forces Subcommittee of the 
        Armed Services Committee of the House of Representatives, 
        becoming only the third woman in history to chair an Armed 
        Services subcommittee.
            (10) Representative Tauscher is also the first California 
        Democrat to be elevated to an Armed Services Subcommittee 
        Chairmanship since 1992.
            (11) Representative Tauscher is currently serving her 
        second term as the Chairman of the House New Democrat 
        Coalition, and she was appointed by the Speaker of the House to 
        serve as the Vice Chair for the Future Security and Defense 
        Capabilities Subcommittee of the Defense and Security Committee 
        of NATO's Parliamentary Assembly.
            (12) On May 5, 2009, the President nominated Representative 
        Tauscher to serve as Under Secretary of State for Arms Control 
        and International Security at the Department of State.
    (b) Sense of Congress.--It is the Sense of Congress that the 
Honorable Ellen O. Tauscher, Representative from California, has served 
the House of Representatives and the American people selflessly and 
with distinction, and that she deserves the sincere and humble 
gratitude of Congress and the Nation.

SEC. 1049. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF SUBMARINE 
              NR-1.

    (a) Findings.--Congress makes the following findings:
            (1) The Deep Submergence Vessel NR-1 (hereinafter in this 
        section referred to as ``NR-1'') was built by the Electric Boat 
        Company in Groton, Connecticut, entered service in 1969, and 
        was the only nuclear-powered research submersible in the United 
        States Navy.
            (2) NR-1 was assigned to Naval Submarine Base New London, 
        located in Groton, Connecticut throughout her entire service 
        life.
            (3) NR-1 was inactivated in December 2008.
            (4) Due to the unique capabilities of NR-1, it conducted 
        numerous missions of significant military and scientific value 
        most notably in the fields of geological survey and 
        oceanographic research.
            (5) In 1986, NR-1 played a key role in the search for and 
        recovery of the Space Shuttle Challenger.
            (6) The mission of the Submarine Force Library and Museum 
        in Groton, Connecticut, is to collect, preserve, and interpret 
        the history of the United States Naval Submarine Force in order 
        to honor veterans and to educate naval personnel and the public 
        in the heritage and traditions of the Submarine Force.
            (7) NR-1 is a unique and irreplaceable part of the history 
        of the Navy and the Submarine Force and an educational and 
        historical asset that should be shared with the Nation and the 
        world.
    (b) Sense of Congress.--It is the Sense of Congress that--
            (1) NR-1 is a unique and irreplaceable part of the Nation's 
        history and as much of the vessel as possible should be 
        preserved for the historical and educational benefit of all 
        Americans at the Submarine Force Museum and Library in Groton, 
        Connecticut; and
            (2) the Secretary of the Navy should ensure that as much of 
        the vessel as possible, including unique components of on-board 
        equipment and clearly recognizable sections of the hull and 
        superstructure, to the full extent practicable, are made 
        available for transfer to the Submarine Force Museum and 
        Library.

SEC. 1050. COMPLIANCE WITH REQUIREMENT FOR PLAN ON THE DISPOSITION OF 
              DETAINEES AT NAVAL STATION, GUANTANAMO BAY, CUBA.

    The Secretary of Defense shall comply with the requirements of 
section 1023(b) of this Act, regarding the transfer or release of the 
individuals detained at Naval Station, Guantanamo Bay, Cuba.

SEC. 1051. SENSE OF CONGRESS REGARDING CARRIER AIR WING FORCE 
              STRUCTURE.

    (a) Findings.--Congress makes the following findings:
            (1) The requirement of section 5062(b) of title 10, United 
        States Code, for the Navy to maintain not less than 11 
        operational aircraft carriers, means that the naval combat 
        forces of the Navy also include not less than 10 carrier air 
        wings.
            (2) The Department of the Navy currently requires a carrier 
        air wing to include not less than 44 strike fighter aircraft.
            (3) In spite of the potential warfighting benefits that may 
        result in the deployment of fifth-generation strike fighter 
        aircraft, for the foreseeable future the majority of the strike 
        fighter aircraft assigned to a carrier air wing will not be 
        fifth-generation assets.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) in addition to the forces described in section 5062(b) 
        of title 10, United States Code, the naval combat forces of the 
        Navy should include not less than 10 carrier air wings (even if 
        the number of aircraft carriers is temporarily reduced) that 
        are comprised of, in addition to any other aircraft, not less 
        than 44 strike fighter aircraft; and
            (2) the Secretary of the Navy should take all appropriate 
        actions necessary to make resources available in order to 
        include such number of strike fighter aircraft in each carrier 
        air wing.

SEC. 1052. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE FINANCIAL 
              IMPROVEMENT AND AUDIT READINESS; PLAN.

    (a) Findings.--Congress makes the following findings:
            (1) The Department of Defense is the largest agency in the 
        Federal Government, owning 86 percent of the Government's 
        assets, estimated at $4.6 trillion.
            (2) It is essential that the Department maintain strong 
        financial management and business systems that allow for 
        comprehensive auditing, in order to improve financial 
        management government-wide and to achieve an opinion on the 
        Federal Government's consolidated financial statements.
            (3) Several major pieces of legislation, such as the Chief 
        Financial Officers Act of 1990 (Public Law 101-576) and the 
        Federal Financial Management Improvement Act of 1996 (Public 
        Law 104-208; 31 U.S.C. 3512 note) have required published 
        financial statement audits, reporting by auditors regarding 
        whether the Department's financial management systems comply 
        substantially with Federal accounting standards, and other 
        measures intended to ensure financial management systems of the 
        Department provide accurate, reliable, and timely financial 
        management information.
            (4) Nevertheless, according to the January 2009 update to 
        the Government Accountability Office High Risk Series, to date, 
        only ``* * * the U.S. Army Corps of Engineers, Civil Works has 
        achieved a clean audit opinion on its financial statements. 
        None of the military services have received favorable financial 
        statement audit opinions, and the Department has annually 
        acknowledged that long-standing pervasive weaknesses in its 
        business systems, processes, and controls have prevented 
        auditors from determining the reliability of reported financial 
        statement information.''.
            (5) In response to a congressional mandate, the Department 
        issued its first biennial Financial Improvement and Audit 
        Readiness Plan in December 2005, to delineate its strategy for 
        addressing financial management challenges and achieving clean 
        audit opinions. This 2005 report projected that 69 percent of 
        assets and 80 percent of liabilities would be ``clean'' by 
        2009, yet in the latest report in March 2009 the Department 
        projects it will achieve an unqualified audit on only 45 
        percent of its assets and liabilities by 2009. The Department 
        of Defense is falling behind its original plan to achieve full 
        compliance with the law by 2017.
            (6) Following the passage of the Sarbanes-Oxley Act of 2002 
        (Public Law 107-204), publicly traded corporations in the 
        United States would face severe penalties for similar 
        deficiencies in financial management and accountability.
    (b) Sense of Congress.--It is the sense of Congress that it is no 
longer excusable to allow poor business systems, a deficiency of 
resource allocation, or a lack of commitment from senior Department of 
Defense leadership to foster waste or non-accountability to the United 
States taxpayer. It is the further sense of Congress that the Secretary 
of Defense has not made compliance with financial management and audit 
readiness standards a top priority and should require, through the 
Chief Management Officer of the Department of Defense, that each 
component of the Department develop and implement a specific plan to 
become compliant with the law well in advance of 2017.
    (c) Plan.--In the next update of the Financial Improvement and 
Audit Readiness Plan, following the date of the enactment of this Act, 
the Secretary of Defense shall outline a plan to achieve a full, 
unqualified audit of the Department of Defense by September 30, 2013. 
In the plan, the Secretary shall also identify a mechanism to conduct 
audits of the military intelligence programs and agencies and to submit 
audited financial statements for such agencies to Congress in a 
classified manner.

SEC. 1053. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

    (a) Findings.--Congress makes the following findings:
            (1) At the request of President George W. Bush, Congress 
        permitted the President to waive applicable provisions of the 
        National Defense Authorization Act for Fiscal Year 2008 with 
        respect to judicially cognizable claims of American victims of 
        torture and hostage taking by the Government of Iraq.
            (2) In return, however, Congress requested the executive 
        branch to resolve these claims through negotiations with Iraq.
            (3) After considerable delay, officials of the Department 
        of State have informed Members of Congress that these 
        negotiations are underway.
            (4) Congress appreciates the start of the negotiations and 
        will monitor the progress in the prompt and equitable 
        resolution of these claims.
            (5) Congress notes that the House of Representatives in the 
        110th Congress unanimously adopted H.R. 5167, the Justice for 
        Victims of Torture and Terrorism Act, which set forth an 
        appropriate compromise of these claims.
            (6) In the interest of assisting the new democratic 
        government of Iraq, H.R. 5167 offers a considerable compromise 
        to all parties involved by waiving all punitive damages awarded 
        by the courts in these cases, as well as approximately two-
        thirds of compensatory damages awarded by the courts.
    (b) Sense of Congress.--It is the sense of Congress that as the 
negotiations to resolve the claims of American victims of torture and 
hostage taking by the Government of Iraq that are referred to in 
subsection (a)(1) proceed, Congress continues to view the provisions of 
H.R. 5167 of the 110th Congress as representing a fair compromise of 
these claims.

SEC. 1054. REPEAL OF CERTAIN LAWS PERTAINING TO THE JOINT COMMITTEE FOR 
              THE REVIEW OF COUNTERPROLIFERATION PROGRAMS OF THE UNITED 
              STATES.

    (a) Joint Committee for the Review of Counterproliferation 
Programs.--Section 1605 of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 22 U.S.C. 2751 note) is repealed.
    (b) Biennial Report on Counterproliferation Activities and 
Programs.--Section 1503 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 22 U.S.C. 2751 note) is repealed.

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.

    (a) Notification.--The head of a military service or department, or 
of a Federal department or agency, that has custody or effective 
control of the Theater Internment Facility at Bagram Air Base, 
Afghanistan, or of any individual detained at such facility, shall, 
upon the detention of any such individual at facility, notify the 
International Committee of the Red Cross (referred to in this section 
as the ``ICRC'') of such custody or effective control, as soon as 
possible.
    (b) Access.--The head of a military service or department, or of a 
Federal department or agency, with effective control of the Theater 
Internment Facility at Bagram Air Base, Afghanistan, pursuant to 
subsection (a), shall ensure ICRC access to any detainee within 24 
hours of the receipt by such head of an ICRC request to access the 
detainee. Such access to the detainee shall continue pursuant to ICRC 
protocols and agreements reached between the ICRC and the head of a 
military service or department, or of a Federal department or agency, 
with effective control over the Theater Internment Facility at Bagram 
Air Base, Afghanistan.
    (c) Scope of Access.--The ICRC shall be provided access, in 
accordance with this section, to any physical locality at the Theater 
Internment Facility at Bagram Air Base, Afghanistan, determined by the 
ICRC to be relevant to the treatment of the detainee, including the 
detainee's cell or room, interrogation facilities or rooms, hospital or 
related health care facilities or rooms, or other locations not named 
in this section.
    (d) Construction.--Nothing in this section shall be construed to--
            (1) create or modify the authority of a military service or 
        department, a Federal law enforcement agency, or the 
        intelligence community to detain an individual; or
            (2) limit or otherwise affect any other rights or 
        obligations which may arise under the Geneva Conventions, other 
        international agreements, or other laws, or to state all of the 
        situations under which notification to and access for the 
        International Committee of the Red Cross is required or 
        allowed.

SEC. 1056. SENSE OF CONGRESS HONORING THE HONORABLE JOHN M. MCHUGH.

    (a) Findings.--Congress makes the following findings:
            (1) In 1993, Representative John M. McHugh was elected to 
        represent New York's 23rd Congressional district, which is 
        located in northern New York and consists of Clinton, Hamilton, 
        Lewis, Oswego, Madison, and Saint Lawrence counties and parts 
        of Essex, Franklin, Fulton, and Oneida counties.
            (2) Representative McHugh also represents Fort Drum, home 
        of the 10th Mountain Division.
            (3) Prior to his service in Congress, Representative McHugh 
        served four terms in the New York State Senate, representing 
        the 48th district from 1984 to 1992.
            (4) Representative McHugh began his public service career 
        in 1971 in his hometown of Watertown, New York, where he served 
        for five years as a Confidential Assistant to the City Manager.
            (5) Subsequently, Representative McHugh served for nine 
        years as Chief of Research and Liaison with local governments 
        for New York State Senator H. Douglas Barclay.
            (6) Representative McHugh is known by his colleagues as a 
        leader on national defense and security issues and a tireless 
        advocate for America's military personnel and their families.
            (7) During his tenure, he has led the effort to increase 
        Army and Marine Corps end-strength levels, increase military 
        personnel pay, reduce the unfair tax on veterans' disability 
        and military retired pay (concurrent receipt) and safeguard 
        military retiree benefits for our troops.
            (8) Since the 103rd Congress, Representative McHugh has 
        served on the Armed Services Committee of the House of 
        Representatives and subsequently was appointed Chairman of the 
        Morale, Welfare, and Recreation Panel before being appointed 
        Chairman of the Military Personnel Subcommittee.
            (9) Representative McHugh began serving on the Unites 
        States Military Academy Board of Visitors in 1995, and he was 
        appointed to the Board of Visitors by the Speaker of the House 
        in 2007.
            (10) In the 111th Congress, Representative McHugh was 
        appointed Ranking Member of the Armed Services Committee of the 
        House of Representatives by the Republican membership of the 
        House of Representatives.
            (11) On June 2, 2009, the President announced his intention 
        to nominate Representative McHugh to serve as the Secretary of 
        the Army.
    (b) Sense of Congress.--It is the sense of Congress that the 
Honorable John M. McHugh, Representative from New York, has served the 
House of Representatives and the American people selflessly and with 
distinction and that he deserves the sincere and humble gratitude of 
Congress and the Nation.

SEC. 1057. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT 
              WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

    Section 2166 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(j) Public Disclosure of Students and Instructors.--(1) The 
Secretary of Defense shall release to the public, upon request, the 
information described in paragraph (2) for each of fiscal years 2005, 
2006, 2007, 2008, and 2009, and any fiscal year thereafter.
    ``(2) The information to be released under paragraph (1) shall 
include the following with respect to the fiscal year covered:
            ``(A) The entire name, including the first, middle, and 
        maternal and paternal surnames, with respect to each student 
        and instructor at the Institute.
            ``(B) The rank of each student and instructor.
            ``(C) The country of origin of each student and instructor.
            ``(D) The courses taken by each student.
            ``(E) The courses taught by each instructor.
            ``(F) Any years of attendance by each student in addition 
        to the fiscal year covered.''.

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.

    (a) Findings.--Congress makes the following findings:
            (1) In January 2009, the Secretary of Defense tasked a 
        special Department of Defense team to review the conditions of 
        confinement at Naval Station, Guantanamo Bay, Cuba, to ensure 
        all detainees there are being held ``in conformity with all 
        applicable laws governing the conditions of confinement, 
        including Common Article 3 of the Geneva Conventions'', 
        pursuant to the President's Executive Order on Review and 
        Disposition of Individuals Detained at the Guantanamo Bay Naval 
        Base and Closure of Detention Facilities, dated January 22, 
        2009.
            (2) That review, led by Admiral Patrick M. Walsh, included 
        as one of its five key recommendations the following statement: 
        ``Fourth, we endorse the use of video recording in all camps 
        and for all interrogations. The use of video recordings to 
        confirm humane treatment could be an important enabler for 
        detainee operations. Just as internal controls provide 
        standardization, the use of video recordings provides the 
        capability to monitor performance and maintain 
        accountability.''.
            (3) Congress concurs and finds that the implementation of 
        such a detainee videorecording requirement within the 
        Department of Defense is in the national security interest of 
        the United States.
    (b) In General.--In accordance with the Army Field Manual on Human 
Intelligence Collector Operations (FM 2-22.3, September 2006), or any 
successor thereto, and the guidelines developed pursuant to subsection 
(f), the Secretary of Defense shall take such actions as are necessary 
to ensure the videotaping or otherwise electronically recording of each 
strategic intelligence interrogation of any person who is in the 
custody or under the effective control of the Department of Defense or 
under detention in a Department of Defense facility.
    (c) Classification of Information.--To protect United States 
national security, the safety of the individuals conducting or 
assisting in the conduct of a strategic intelligence interrogation, and 
the privacy of persons described in subsection (b), the Secretary of 
Defense shall provide for the appropriate classification of video tapes 
or other electronic recordings made pursuant to subsection (b). The use 
of such classified video tapes or other electronic recordings in 
proceedings conducted under the Detainee Treatment Act of 2005 (title 
14 of Public Law 109-163 and title 10 of Public Law 109-148), the 
Military Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public Law 
109-366), or any other provision of law shall be governed by applicable 
rules, regulations, and law.
    (d) Strategic Intelligence Interrogation Defined.--For purposes of 
this section, the term ``strategic intelligence interrogation'' means 
an interrogation of a person described in subsection (b) conducted at a 
theater-level detention facility.
    (e) Exclusion.--Nothing in this section shall be construed as 
requiring--
            (1) any member of the Armed Forces engaged in direct combat 
        operations to videotape or otherwise electronically record a 
        person described in subsection (b); or
            (2) the videotaping or other electronic recording of 
        tactical questioning, as such term is defined in the Army Field 
        Manual on Human Intelligence Collector Operations (FM 2-22.3, 
        September 2006), or any successor thereto.
    (f) Guidelines for Videotape and Other Electronic Recordings.--
            (1) Development of guidelines.--The Secretary of Defense, 
        acting through the Judge Advocates General (as defined in 
        section 801(1) of title 10, United States Code, (Article 1 of 
        the Uniform Code of Military Justice)), shall develop and adopt 
        uniform guidelines designed to ensure that the videotaping or 
        other electronic recording required under subsection (b), at a 
        minimum--
                    (A) promotes full compliance with the laws of the 
                United States;
                    (B) is maintained for a length of time that serves 
                the interests of justice in cases for which trials are 
                being or may be conducted pursuant to the Detainee 
                Treatment Act of 2005 (title 14 of Public Law 109-163 
                and title 10 of Public Law 109-148), the Military 
                Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public 
                Law 109-366), or any other provision of law;
                    (C) promotes the exploitation of intelligence; and
                    (D) ensures the safety of all participants in the 
                interrogations.
            (2) Submittal to congress.--Not later than 30 days after 
        the date of the enactment of this section, the Secretary of 
        Defense shall submit to the Committees on Armed Services of the 
        Senate and House of Representatives a report containing the 
        guidelines developed under paragraph (1). Such report shall be 
        in an unclassified form but may include a classified annex.

                  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.
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.

SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COMPLETING THE NATIONAL 
              SECURITY EDUCATION PROGRAM.

    (a) Authority for Employment.--Section 802 of the David L. Boren 
National Security Education Act of 1991 (50 U.S.C. 1902) is amended by 
adding at the end the following new subsection:
    ``(k) Employment of Program Participants.--The Secretary of 
Defense, the head of an element of the intelligence community, the 
Secretary of Homeland Security, the Secretary of State, or the head of 
a Federal agency or office identified by the Secretary of Defense under 
subsection (g) as having national security responsibilities--
            ``(1) may, without regard to any provision of title 5 
        governing appointment of employees to positions in the 
        Department of Defense, an element of the intelligence 
        community, the Department of Homeland Security, the Department 
        of State, or such Federal agency or office, appoint to a 
        position that is identified under subsection (b)(2)(A)(i) as 
        having national security responsibilities, or to a position in 
        such Federal agency or office, in the excepted service an 
        individual who has successfully completed an academic program 
        for which a scholarship or fellowship under this section was 
        awarded and who, under the terms of the agreement for such 
        scholarship or fellowship, at the time of such appointment owes 
        a service commitment to such Department, such element, or such 
        Federal agency or office; and
            ``(2) may, upon satisfactory completion of two years of 
        substantially continuous service by an incumbent who was 
        appointed to an excepted service position under the authority 
        of paragraph (1), convert the appointment of such individual, 
        without competition, to a career or career conditional 
        appointment.''.
    (b) Technical Amendment.--Section 808 of such Act (50 U.S.C. 1908) 
is amended by adding at the end the following new paragraph:
            ``(6) The term `intelligence community' has the meaning 
        given the term in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)).''.

SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT OF DEFENSE OF 
              INDIVIDUALS WHO HAVE SUCCESSFULLY COMPLETED THE 
              REQUIREMENTS OF THE SCIENCE, MATHEMATICS, AND RESEARCH 
              FOR TRANSFORMATION (SMART) DEFENSE SCHOLARSHIP PROGRAM.

    (a) Authority for Employment.--Subsection (d) of section 2192a of 
title 10, United States Code, is amended to read as follows:
    ``(d) Employment of Program Participants.--The Secretary of 
Defense--
            ``(1) may, without regard to any provision of title 5 
        governing appointment of employees to positions in the 
        Department of Defense, appoint to a position in the Department 
        of Defense in the excepted service an individual who has 
        successfully completed an academic program for which a 
        scholarship or fellowship under this section was awarded and 
        who, under the terms of the agreement for such scholarship or 
        fellowship, at the time of such appointment owes a service 
        commitment to the Department; and
            ``(2) may, upon satisfactory completion of two years of 
        substantially continuous service by an incumbent who was 
        appointed to an excepted service position under the authority 
        of paragraph (1), convert the appointment of such individual, 
        without competition, to a career or career conditional 
        appointment.''.
    (b) Conforming Amendment.--Subsection (c)(2) of such section is 
amended by striking ``Except as provided in subsection (d), the'' in 
the second sentence and inserting ``The''.
    (c) Technical Amendments.--Subsection (f) of such section is 
amended--
            (1) by striking the first sentence; and
            (2) by striking ``the authorities provided in such 
        chapter'' and inserting ``the other authorities provided in 
        this chapter''.
    (d) Repeal of Obsolete Provision.--Such section is further amended 
by striking subsection (g).

SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVIDUALS WHO HAVE 
              SUCCESSFULLY COMPLETED THE DEPARTMENT OF DEFENSE 
              INFORMATION ASSURANCE SCHOLARSHIP PROGRAM.

    Section 2200a of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g) Employment of Program Participants.--The Secretary of 
Defense--
            ``(1) may, without regard to any provision of title 5 
        governing appointments in the competitive service, appoint to 
        an information technology position in the Department of Defense 
        in the excepted service an individual who has successfully 
        completed an academic program for which a scholarship under 
        this section was awarded and who, under the terms of the 
        agreement for such scholarship, at the time of such appointment 
        owes a service commitment to the Department; and
            ``(2) may, upon satisfactory completion of two years of 
        substantially continuous service by an incumbent who was 
        appointed to an excepted service position under the authority 
        of paragraph (1), convert the appointment of such individual, 
        without competition, to a career or career conditional 
        appointment.''.

SEC. 1104. ADDITIONAL PERSONNEL AUTHORITIES FOR THE SPECIAL INSPECTOR 
              GENERAL FOR AFGHANISTAN RECONSTRUCTION.

    Section 1229(h) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 381) is amended by 
striking paragraph (1) and inserting the following:
            ``(1) Personnel.--
                    ``(A) In general.--The Inspector General may 
                select, appoint, and employ such officers and employees 
                as may be necessary for carrying out the duties of the 
                Inspector General, subject to the provisions of title 
                5, United States Code, governing appointments in the 
                competitive service, and the provisions of chapter 51 
                and subchapter III of chapter 53 of such title, 
                relating to classification and General Schedule pay 
                rates.
                    ``(B) Additional authorities.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Inspector General may exercise the 
                        authorities of subsections (b) through (i) of 
                        section 3161 of title 5, United States Code 
                        (without regard to subsection (a) of that 
                        section).
                            ``(ii) Periods of appointments.--In 
                        exercising the employment authorities under 
                        subsection (b) of section 3161 of title 5, 
                        United States Code, as provided under clause 
                        (i) of this subparagraph--
                                    ``(I) paragraph (2) of that 
                                subsection (relating to periods of 
                                appointments) shall not apply; and
                                    ``(II) no period of appointment may 
                                exceed the date on which the Office of 
                                the Special Inspector General for 
                                Afghanistan Reconstruction terminates 
                                under subsection (o).''.

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.

    Subsection (a) of section 1101 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4615), is amended by striking ``calendar year 2009'' and 
inserting ``calendar years 2009 and 2010''.

SEC. 1106. EXTENSION OF CERTAIN BENEFITS TO FEDERAL CIVILIAN EMPLOYEES 
              ON OFFICIAL DUTY IN PAKISTAN.

    Section 1603(a)(2) of the Emergency Supplemental Appropriations Act 
for Defense, the Global War on Terror, and Hurricane Recovery, 2006 
(Public Law 109-234; 120 Stat. 443), as amended by section 1102 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417;122 Stat. 4616), is amended by inserting ``Pakistan 
or'' after ``is on official duty in''.

SEC. 1107. AUTHORITY TO EXPAND SCOPE OF PROVISIONS RELATING TO 
              UNREDUCED COMPENSATION FOR CERTAIN REEMPLOYED ANNUITANTS.

    (a) In General.--Section 9902(h) of title 5, United States Code, is 
amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Benefits similar to those provided by paragraphs (1) 
        and (2) may be extended, in accordance with regulations 
        prescribed by the President, so as to be made available with 
        respect to reemployed annuitants within the Department of 
        Defense who are subject to such other retirement systems for 
        Government employees as may be provided for under such 
        regulations.''.
    (b) Conforming Amendment.--Paragraph (4) of section 9902(h) of such 
title 5 (as so designated by subsection (a)(1)) is amended by striking 
the period and inserting ``, excluding paragraph (3).''.

SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE STRATEGIC WORKFORCE 
              PLANS.

    (a) Codification of Requirement for Strategic Workforce Plan.--
            (1) In general.--Chapter 2 of title 10, United States Code, 
        is amended by adding after section 115a the following new 
        section:
``Sec. 115b. Annual strategic workforce plan
    ``(a) Annual Plan Required.--(1) The Secretary of Defense shall 
submit to the congressional defense committees on an annual basis a 
strategic workforce plan to shape and improve the civilian employee 
workforce of the Department of Defense.
    ``(2) The Under Secretary of Defense for Personnel and Readiness 
shall have overall responsibility for developing and implementing the 
strategic workforce plan, in consultation with the Under Secretary of 
Defense for Acquisition, Technology, and Logistics.
    ``(b) Contents.--Each strategic workforce plan under subsection (a) 
shall include, at a minimum, the following:
            ``(1) An assessment of--
                    ``(A) the critical skills and competencies that 
                will be needed in the future within the civilian 
                employee workforce by the Department of Defense to 
                support national security requirements and effectively 
                manage the Department during the seven-year period 
                following the year in which the plan is submitted;
                    ``(B) the appropriate mix of military, civilian, 
                and contractor personnel capabilities;
                    ``(C) the critical skills and competencies of the 
                existing civilian employee workforce of the Department 
                and projected trends in that workforce based on 
                expected losses due to retirement and other attrition; 
                and
                    ``(D) gaps in the existing or projected civilian 
                employee workforce of the Department that should be 
                addressed to ensure that the Department has continued 
                access to the critical skills and competencies 
                described in subparagraphs (A) and (C).
            ``(2) A plan of action for developing and reshaping the 
        civilian employee workforce of the Department to address the 
        gaps in critical skills and competencies identified under 
        paragraph (1)(D), including--
                    ``(A) specific recruiting and retention goals, 
                especially in areas identified as critical skills and 
                competencies under paragraph (1), including the program 
                objectives of the Department to be achieved through 
                such goals and the funding needed to achieve such 
                goals;
                    ``(B) specific strategies for developing, training, 
                deploying, compensating, and motivating the civilian 
                employee workforce of the Department, including the 
                program objectives of the Department to be achieved 
                through such strategies and the funding needed to 
                implement such strategies;
                    ``(C) any incentives necessary to attract or retain 
                any civilian personnel possessing the skills and 
                competencies identified in paragraph (1);
                    ``(D) any changes in the number of personnel 
                authorized in any category of personnel listed in 
                subsection (f)(1) or in the acquisition workforce that 
                may be needed to address such gaps and effectively meet 
                the needs of the Department;
                    ``(E) any changes in the rates or methods of pay 
                for any category of personnel listed in subsection 
                (f)(1) or in the acquisition workforce that may be 
                needed to address inequities and ensure that the 
                Department has full access to appropriately qualified 
                personnel to address such gaps and meet the needs of 
                the Department; and
                    ``(F) any legislative changes that may be necessary 
                to achieve the goals referred to in subparagraph (A).
            ``(3) An assessment, using results-oriented performance 
        measures, of the progress of the Department in implementing the 
        strategic workforce plan under this section during the previous 
        year.
            ``(4) Any additional matters the Secretary of Defense 
        considers necessary to address.
    ``(c) Senior Management, Functional, and Technical Workforce.--Each 
strategic workforce plan under subsection (a) shall specifically 
address the shaping and improvement of the senior management, 
functional, and technical workforce (including scientists and 
engineers) of the Department of Defense, including the requirements set 
forth in subparagraphs (A) through (F) of subsection (b)(2).
    ``(d) Defense Acquisition Workforce.--(1) Each strategic workforce 
plan under subsection (a) shall specifically address the shaping and 
improvement of the defense acquisition workforce, including both 
military and civilian personnel.
    ``(2) For purposes of paragraph (1), each plan shall specifically 
address--
            ``(A) the requirements set forth in subparagraphs (A) 
        through (F) of subsection (b)(2);
            ``(B) a plan for funding needed improvements in the 
        military and civilian workforce of the Department, including--
                    ``(i) the funding programmed for defense 
                acquisition workforce improvements, including a 
                specific identification of funding provided in the 
                Department of Defense Acquisition Workforce Fund 
                established under section 1705 of this title, along 
                with a description of how such funding is being 
                implemented and whether it is being fully used; and
                    ``(ii) a description of any continuing shortfalls 
                in funding available for the acquisition workforce.
    ``(e) Submittals by Secretaries of the Military Departments and 
Heads of the Defense Agencies.--The Secretary of Defense shall require 
the Secretary of each military department and the head of each Defense 
Agency to submit a report to the Secretary addressing each of the 
matters described in this section. The Secretary of Defense shall 
establish a deadline for the submittal of reports under this subsection 
that enables the Secretary to consider the material submitted in a 
timely manner and incorporate such material, as appropriate, into the 
strategic workforce plan required by this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `senior management, functional, and 
        technical workforce of the Department of Defense' includes the 
        following categories of Department of Defense civilian 
        personnel:
                    ``(A) Appointees in the Senior Executive Service 
                under section 3131 of title 5.
                    ``(B) Persons serving in positions described in 
                section 5376(a) of title 5.
                    ``(C) Highly qualified experts appointed pursuant 
                to section 9903 of title 5.
                    ``(D) Scientists and engineers appointed pursuant 
                to section 342(b) of the National Defense Authorization 
                Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
                2721), as amended by section 1114 of the Floyd D. 
                Spence National Defense Authorization Act for Fiscal 
                Year 2001 (as enacted into law by Public Law 106-398 
                (114 Stat. 1654A-315)).
                    ``(E) Scientists and engineers appointed pursuant 
                to section 1101 of the Strom Thurmond National Defense 
                Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
                note).
                    ``(F) Persons serving in the Defense Intelligence 
                Senior Executive Service under section 1606 of this 
                title.
                    ``(G) Persons serving in Intelligence Senior Level 
                positions under section 1607 of this title.
            ``(2) The term `acquisition workforce' includes individuals 
        designated under section 1721 as filling acquisition 
        positions.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 2 of such title is amended by inserting 
        after the item relating to section 115a the following new item:

``115b. Annual strategic workforce plan.''.
    (b) Comptroller General Review.--Not later than 180 days after the 
date on which the Secretary of Defense submits to the congressional 
defense committees an annual strategic workforce plan under section 
115b of title 10, United States Code (as added by subsection (a)), in 
each of 2009, 2010, 201, and 2012, the Comptroller General of the 
United States shall submit to the congressional defense committees a 
report on the plan so submitted.
    (c) Conforming Repeals.--The following provisions are repealed:
            (1) Section 1122 of the National Defense Authorization Act 
        for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 
        U.S.C. note prec. 1580).
            (2) Section 1102 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
        Stat. 2407).
            (3) Section 851 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10 
        U.S.C. note prec. 1580).

SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND REQUIREMENT FOR 
              ANNUAL MANPOWER REPORTING.

    (a) Amendments.--Section 1111 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4619) is amended--
            (1) in paragraph (1) of subsection (b), by striking 
        ``requirements of--'' and all that follows through the end of 
        subparagraph (C) and inserting ``the requirements of section 
        115b of this title; or'';
            (2) in paragraph (2) of subsection (b), by striking 
        ``purposes described in paragraphs (1) through (4) of 
        subsection (c).'' and inserting the following:
        ``any of the following purposes:
                    ``(A) Performance of inherently governmental 
                functions.
                    ``(B) Performance of work pursuant to section 2463 
                of title 10, United States Code.
                    ``(C) Ability to maintain sufficient organic 
                expertise and technical capability.
                    ``(D) Performance of work that, while the position 
                may not exercise an inherently governmental function, 
                nevertheless should be performed only by officers or 
                employees of the Federal Government or members of the 
                Armed Forces because of the critical nature of the 
                work.''; and
            (3) by striking subsections (c) and (d).
    (b) Consolidated Annual Report.--
            (1) Inclusion in annual defense manpower requirements 
        report.--Section 115a of title 10, United States Code, is 
        amended by inserting after subsection (e) the following new 
        subsection:
    ``(f) The Secretary shall also include in each such report the 
following information with respect to personnel assigned to or 
supporting major Department of Defense headquarters activities:
            ``(1) The military end strength and civilian full-time 
        equivalents assigned to major Department of Defense 
        headquarters activities for the preceding fiscal year and 
        estimates of such numbers for the current fiscal year and 
        subsequent fiscal years.
            ``(2) A summary of the replacement during the preceding 
        fiscal year of contract workyears providing support to major 
        Department of Defense headquarters activities with military end 
        strength or civilian full-time equivalents, including an 
        estimate of the number of contract workyears associated with 
        the replacement of contracts performing inherently governmental 
        or exempt functions.
            ``(3) The plan for the continued review of contract 
        personnel supporting major Department of Defense headquarters 
        activities for possible conversion to military or civilian 
        performance in accordance with section 2463 of this title.
            ``(4) The amount of any adjustment in the limitation on 
        personnel made by the Secretary of Defense or the Secretary of 
        a military department, and, for each adjustment made pursuant 
        to section 1111(b)(2) of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note), 
        the purpose of the adjustment.''.
            (2) Technical amendments to reflect name of report.--
                    (A) Subsection (a) of section 115a of such title is 
                amended by inserting ``defense'' before ``manpower 
                requirements report.''.
                    (B)(i) The heading of such section is amended to 
                read as follows:
``Sec. 115a. Annual defense manpower requirements report''.
                            (ii) The item relating to such section in 
                        the table of sections at the beginning of 
                        chapter 2 of such title is amended to read as 
                        follows:

``115a. Annual defense manpower requirements report.''.
            (3) Conforming repeal.--Subsections (b) and (c) of section 
        901 of the National Defense Authorization Act for Fiscal Year 
        2008 (Public Law 110-181; 122 Stat. 272; 10 U.S.C. 221 note) 
        are repealed.

SEC. 1110. MODIFICATION TO DEPARTMENT OF DEFENSE LABORATORY PERSONNEL 
              AUTHORITY.

    (a) Additional Science and Technology Reinvention Laboratories.--
            (1) Designation.--Each of the following is hereby 
        designated as a Department of Defense science and technology 
        reinvention laboratory (as described in section 342(b) of the 
        National Defense Authorization Act for Fiscal Year 1995 (Public 
        Law 103-337; 108 Stat. 2721):
                    (A) The Tank and Automotive Research Development 
                and Engineering Center.
                    (B) The Armament Research Development and 
                Engineering Center.
                    (C) The Naval Air Warfare Center, Weapons Division.
                    (D) The Naval Air Warfare Center, Aircraft 
                Division.
                    (E) The Space and Naval Warfare Systems Center, 
                Pacific.
                    (F) The Space and Naval Warfare Systems Center, 
                Atlantic.
            (2) Conversion procedures.--The Secretary of Defense shall 
        implement procedures to convert the civilian personnel of each 
        facility identified in paragraph (1) from their current 
        personnel system to the personnel system under an appropriate 
        demonstration project (as referred to in such section 342(b)). 
        Any conversion under this paragraph--
                    (A) shall not adversely affect any employee with 
                respect to pay or any other term or condition of 
                employment;
                    (B) shall be consistent with the terms of any 
                collective bargaining agreement which might apply; and
                    (C) shall be completed within 18 months after the 
                date of the enactment of this Act.
    (b) Exclusion From National Security Personnel System.--
            (1) In general.--Section 9902(c)(2) of title 5, United 
        States Code, is amended--
                    (A) in subparagraph (I), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (J), by striking the period and 
                inserting ``; and''; and
                    (C) by adding after subparagraph (J) the following:
                    ``(K) the Tank and Automotive Research Development 
                and Engineering Center;
                    ``(L) the Armament Research Development and 
                Engineering Center;
                    ``(M) the Naval Air Warfare Center, Weapons 
                Division;
                    ``(N) the Naval Air Warfare Center, Aircraft 
                Division;
                    ``(O) the Space and Naval Warfare Systems Center, 
                Pacific; and
                    ``(P) the Space and Naval Warfare Systems Center, 
                Atlantic.''.
            (2) Extension of period of exclusion.--Section 9902(c)(1) 
        of title 5, United States Code, is amended by striking ``2011'' 
        each place it appears and inserting ``2014''.

SEC. 1111. PILOT PROGRAM FOR THE TEMPORARY EXCHANGE OF INFORMATION 
              TECHNOLOGY PERSONNEL.

    (a) Assignment Authority.--The Secretary of Defense may, with the 
agreement of the private sector organization concerned, arrange for the 
temporary assignment of an employee to such private sector 
organization, or from such private sector organization to a Department 
of Defense organization under this section. An employee shall be 
eligible for such an assignment only if--
            (1) the employee--
                    (A) works in the field of information technology 
                management;
                    (B) is considered to be an exceptional employee;
                    (C) is expected to assume increased information 
                technology management responsibilities in the future; 
                and
                    (D) is compensated at not less than the GS-11 level 
                (or the equivalent); and
            (2) the proposed assignment meets applicable requirements 
        of section 209(b) of the E-Government Act of 2002 (44 U.S.C. 
        3501 note).
    (b) Agreements.--The Secretary of Defense shall provide for a 
written agreement between the Department of Defense and the employee 
concerned regarding the terms and conditions of the employee's 
assignment under this section. The agreement--
            (1) shall require that Department of Defense employees, 
        upon completion of the assignment, will serve in the civil 
        service for a period equal to the length of the assignment; and
            (2) shall provide that if the Department of Defense or 
        private sector employee fails to carry out the agreement, such 
        employee shall be liable to the United States for payment of 
        all expenses of the assignment, unless that failure was for 
        good and sufficient reason (as determined by the Secretary of 
        Defense).
An amount for which an employee is liable under paragraph (2) shall be 
treated as a debt due the United States.
    (c) Termination.--An assignment under this section may, at any time 
and for any reason, be terminated by the Department of Defense or the 
private sector organization concerned.
    (d) Duration.--An assignment under this section shall be for a 
period of not less than 3 months and not more than 1 year, and may be 
extended in 3-month increments for a total of not more than 1 
additional year; however, no assignment under this section may commence 
after September 30, 2013.
    (e) Considerations.--In carrying out this section, the Secretary of 
Defense--
            (1) shall ensure that, of the assignments made under this 
        section each year, at least 20 percent are from small business 
        concerns (as defined by section 3703(e)(2)(A) of title 5, 
        United States Code); and
            (2) shall take into consideration the question of how 
        assignments under this section might best be used to help meet 
        the needs of the Department of Defense with respect to the 
        training of employees in information technology management.
    (f) Numerical Limitation.--In no event may more than 10 employees 
be participating in assignments under this section as of any given 
time.
    (g) Reporting Requirement.--For each of fiscal years 2010 through 
2015, the Secretary of Defense shall submit to the congressional 
defense committees, not later than 1 month after the end of the fiscal 
year involved, a report on any activities carried out under this 
section during such fiscal year, including information concerning--
            (1) the respective organizations (as referred to in 
        subsection (a)) to and from which any employee was assigned 
        under this section;
            (2) the positions those employees held while they were so 
        assigned; and
            (3) a description of the tasks they performed while they 
        were so assigned.
    (h) Repeal of Superseded Section.--Section 1109 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 358) is repealed, except that--
            (1) nothing in this subsection shall, in the case of any 
        assignment commencing under such section 1109 on or before the 
        date of the enactment of this Act, affect--
                    (A) the duration of such assignment or the 
                authority to extend such assignment in accordance with 
                subsection (d) of such section 1109, as last in effect; 
                or
                    (B) the terms or conditions of the agreement 
                governing such assignment, including with respect to 
                any service obligation under subsection (b) thereof; 
                and
            (2) any employee whose assignment is allowed to continue by 
        virtue of paragraph (1) shall be taken into account for 
        purposes of--
                    (A) the numerical limitation under subsection (f); 
                and
                    (B) the reporting requirement under subsection (g).

SEC. 1112. PROVISIONS RELATING TO THE NATIONAL SECURITY PERSONNEL 
              SYSTEM.

    (a) Definitions.--For purposes of this section--
            (1) the term ``National Security Personnel System'' or 
        ``NSPS'' refers to a human resources management system 
        established under authority of chapter 99 of title 5, United 
        States Code; and
            (2) the term ``statutory pay sytem'' means a pay system 
        under--
                    (A) subchapter III of chapter 53 of title 5, United 
                States Code (relating to General Schedule pay rates);
                    (B) subchapter IV of chapter 53 of title 5, United 
                States Code (relating to prevailing rate systems); or
                    (C) such other provisions of law as would apply if 
                chapter 99 of title 5, United States Code, had never 
                been enacted.
    (b) Requirement That All Appointments Made After June 16, 2009, Be 
Subject to the Appropriate Statutory Pay System and Not NSPS.--
Notwithstanding any other provision of law--
            (1) the National Security Personnel System--
                    (A) shall not apply to any individual who is not 
                subject to such System as of June 16, 2009; and
                    (B) shall not apply to any position which is not 
                subject to such System as of June 16, 2009; and
            (2) any individual who, after June 16, 2009, is appointed 
        to any position within the Department of Defense shall 
        accordingly be subject to the statutory pay system and all 
        other aspects of the personnel system which would otherwise 
        apply (with respect to the individual or position involved) if 
        the National Security Personnel System had never been 
        established.
    (c) Termination of NSPS and Conversion of Any Employees and 
Positions Remaining Subject to NSPS.--
            (1) In general.--The Secretary of Defense shall take all 
        actions which may be necessary to provide, within 12 months 
        after the date of enactment of this Act, for the termination of 
        the National Security Personnel System and for the conversion 
        of any employees and positions which, as of such date of 
        enactment, remain subject to such System, to--
                    (A) the statutory pay system and all other aspects 
                of the personnel system that last applied to such 
                employee or position (as the case may be) before the 
                National Security Personnel System applied; or
                    (B) if subparagraph (A) does not apply, the 
                statutory pay system and all other aspects of the 
                personnel system that would have applied if the 
                National Security Personnel System had never been 
                established.
        No employee shall suffer any loss of or decrease in pay because 
        of the preceding sentence.
            (2) Report.--If the Secretary of Defense is of the view 
        that the National Security Personnel System should not be 
        terminated in accordance with paragraph (1), the Secretary 
        shall submit to the President and both Houses of Congress as 
        soon as practicable, but in no event later than 6 months after 
        the date of the enactment of this Act, a written report setting 
        forth a statement of the Secretary's views and the reasons 
        therefor. Such report shall specifically include--
                    (A) the Secretary's opinion as to whether the 
                System should be continued with or without changes; and
                    (B) if, in the opinion of the Secretary, the System 
                should be continued with changes--
                            (i) a detailed description of the proposed 
                        changes; and
                            (ii) a description of any administrative 
                        action or legislation which may be necessary.
    (d) Restoration of Full Annual Pay Adjustments Under NSPS Pending 
Its Termination.--Section 9902(e)(7) of title 5, United States Code, is 
amended by striking ``no less than 60 percent'' and all that follows 
and inserting ``the full amount of such adjustment.''.

SEC. 1113. PROVISIONS RELATING TO THE DEFENSE CIVILIAN INTELLIGENCE 
              PERSONNEL SYSTEM.

    (a) Definitions.--For purposes of this section--
            (1) the term ``covered position'' means a defense 
        intelligence position in the Department of Defense established 
        under chapter 83 of title 10, United States Code, excluding an 
        Intelligence Senior Level position designated under section 
        1607 of such title and any position in the Defense Intelligence 
        Senior Executive Service;
            (2) the term ``DCIPS pay system'', as used with respect to 
        a covered position, means the provisions of the Defense 
        Civilian Intelligence Personnel System under which the rate of 
        salary or basic pay for such position is determined, excluding 
        any provisions relating to bonuses, awards, or any other 
        amounts not in the nature of salary or basic pay;
            (3) the term ``Defense Civilian Intelligence Personnel 
        System'' means the personnel system established under chapter 
        83 of title 10, United States Code; and
            (4) the term ``appropriate pay system'', as used with 
        respect to a covered position, means--
                    (A) the system under which, as of September 30, 
                2007, the rate of salary or basic pay for such position 
                was determined; or
                    (B) if subparagraph (A) does not apply, the system 
                under which, as of September 30, 2007, the rate of 
                salary or basic pay was determined for the positions 
                within the Department of Defense most similar to the 
                position involved,
        excluding any provisions relating to bonuses, awards, or any 
        other amounts which are not in the nature of salary or basic 
        pay.
    (b) Requirement That Appointments to Covered Positions After June 
16, 2009, Be Subject to the Appropriate Pay System.--Notwithstanding 
any other provision of law--
            (1) the DCIPS pay system--
                    (A) shall not apply to any individual holding a 
                covered position who is not subject to such system as 
                of June 16, 2009; and
                    (B) shall not apply to any covered position which 
                is not subject to such system as of June 16, 2009; and
            (2) any individual who, after June 16, 2009, is appointed 
        to a covered position shall accordingly be subject to the 
        appropriate pay system.
    (c) Termination of DCIPS Pay System for Covered Positions and 
Conversion of Employees Holding Covered Positions to the Appropriate 
Pay System.--
            (1) In general.--The Secretary of Defense shall take all 
        actions which may be necessary to provide, within 12 months 
        after the date of enactment of this Act, for the termination of 
        the DCIPS pay system with respect to covered positions and for 
        the conversion of any employees holding any covered positions 
        which, as of such date of enactment, remain subject to the 
        DCIPS pay system, to the appropriate pay system. No employee 
        shall suffer any loss of or decrease in pay because of the 
        preceding sentence.
            (2) Report.--If the Secretary of Defense is of the view 
        that the DCIPS pay system should not be terminated with respect 
        to covered positions, as required by paragraph (1), the 
        Secretary shall submit to the President and both Houses of 
        Congress as soon as practicable, but in no event later than 6 
        months after the date of the enactment of this Act, a written 
        report setting forth a statement of the Secretary's views and 
        the reasons therefor. Such report shall specifically include--
                    (A) the Secretary's opinion as to whether the DCIPS 
                pay system should be continued, with or without 
                changes, with respect to covered positions; and
                    (B) if, in the opinion of the Secretary, the DCIPS 
                pay system should be continued with respect to covered 
                positions, with changes--
                            (i) a detailed description of the proposed 
                        changes; and
                            (ii) a description of any administrative 
                        action or legislation which may be necessary.
        The requirements of this paragraph shall be carried out by the 
        Secretary of Defense in conjunction with the Director of the 
        Office of Personnel Management.
    (d) Rule of Construction.--Nothing in this section shall be 
considered to affect--
            (1) the provisions of the Defense Civilian Intelligence 
        Personnel System governing aspects of compensation apart from 
        salary or basic pay; or
            (2) the application of such provisions with respect to a 
        covered position or any individual holding a covered position, 
        including after June 16, 2009.

SEC. 1114. SENSE OF CONGRESS ON PAY PARITY FOR FEDERAL EMPLOYEES 
              SERVICE AT JOINT BASE MCGUIRE/DIX/LAKEHURST.

    It is the sense of Congress that for the purposes of determining 
any pay for an employee serving at Joint Base McGuire/Dix/Lakehurst--
            (1) the pay schedules and rates to be used shall be the 
        same as if such employee were serving in the pay locality, wage 
        area, or other area of locality (whichever would apply to 
        determine pay for the employees involved) that includes Ocean 
        County, New Jersey; and
            (2) the Office of Personnel Management should develop 
        regulations to ensure pay parity for employees serving at Joint 
        Bases.

             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.
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.

                  Subtitle A--Assistance and Training

SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITY FOR SECURITY AND 
              STABILIZATION ASSISTANCE.

    (a) Modification.--Subsection (b) of section 1207 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3458), as amended by section 1207(b) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4626), is further amended--
            (1) by striking ``(b) Limitation.--'' and all that follows 
        through ``the aggregate value'' and inserting ``(b) 
        Limitation.--The aggregate value'';
            (2) by striking ``$100,000,000'' and inserting 
        ``$25,000,000''; and
            (3) by striking paragraph (2).
    (b) Extension of Authority.--Subsection (g) of such section, as 
most recently amended by section 1207(c) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4626), is further amended by striking ``September 30, 2009'' and 
inserting ``September 30, 2010''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009.

SEC. 1202. INCREASE OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO 
              COMBAT TERRORISM.

    Section 1208(a) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2086), as amended by section 1208(a) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4626), is further amended by striking ``$35,000,000'' and 
inserting ``$50,000,000''.

SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSISTANCE RELATED 
              PROGRAMS CARRIED OUT BY THE DEPARTMENT OF DEFENSE.

    (a) Amendment.--Section 1209 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368) is 
amended--
            (1) in subsection (a), by striking ``180 days after the 
        date of the enactment of this Act'' and inserting ``February 1 
        of each year''; and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(I) subsection (b)(6) of section 166a of title 
                10, United States Code; and''.
    (b) Report for Fiscal Years 2008 and 2009.--The report required to 
be submitted not later than February 1, 2010, under section 1209(a) of 
the National Defense Authorization Act for Fiscal Year 2008, as amended 
by subsection (a), shall include information required under such 
section with respect to fiscal years 2008 and 2009.

SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPACITY OF FOREIGN 
              MILITARY FORCES AND RELATED MATTERS.

    (a) Report Required.--Not later than March 1, 2010, the President 
shall transmit to the congressional committees specified in subsection 
(b) a report on the following:
            (1) The relationship between authorities of the Department 
        of Defense to conduct security cooperation programs to train 
        and equip, or otherwise build the capacity of, foreign military 
        forces and security assistance authorities of the Department of 
        State and other foreign assistance agencies to provide 
        assistance to train and equip, or otherwise build the capacity 
        of, foreign military forces, including the distinction, if any, 
        between the purposes of such authorities, the processes to 
        generate requirements to satisfy the purposes of such 
        authorities, and the contribution such authorities make to the 
        core missions of each such department and agency.
            (2) The strengths and weaknesses of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151 et seq.), the Arms Export Control 
        Act (22 U.S.C. 2171 et seq.), title 10, United States Code, and 
        any other provision of law relating to training and equipping, 
        or otherwise building the capacity of, foreign military forces, 
        including to conduct counterterrorist operations or participate 
        in or support military and stability operations in which the 
        United State Armed Forces are a participant.
            (3) The changes, if any, that should be made to the 
        provisions of law described in paragraph (2) that would improve 
        the ability of the United States Government to train and equip, 
        or otherwise build the capacity of, foreign military forces, 
        including to conduct counterterrorist operations or participate 
        in or support military and stability operations in which the 
        United State Armed Forces are a participant.
            (4) The organizational and procedural changes, if any, that 
        should be made in the Department of Defense and the Department 
        of State and other foreign assistance agencies to improve the 
        ability of such departments and agencies to conduct programs to 
        train and equip, or otherwise build the capacity of, foreign 
        military forces, including to conduct counterterrorist 
        operations or participate in or support military and stability 
        operations in which the United State Armed Forces are a 
        participant.
            (5) The resources and funding mechanisms required to ensure 
        adequate funding for such programs.
    (b) Specified Congressional Committees.--The congressional 
committees specified in this subsection are the following:
            (1) The Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
            (2) The Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.

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

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES 
              RELATING TO IRAQ.

    No funds appropriated pursuant to an authorization of 
appropriations in this Act may be obligated or expended for a purpose 
as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control of the oil resources 
        of Iraq.

SEC. 1212. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) Authority for Fiscal Year 2010.--Subsection (a) of section 1202 
of the National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163; 119 Stat. 3455), as most recently amended by section 1214 
of the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4360), is further amended--
            (1) in the heading, by striking ``Fiscal Years 2008 and 
        2009'' and inserting ``Fiscal Year 2010''; and
            (2) in the matter preceding paragraph (1)--
                    (A) by striking ``each of fiscal years 2008 and 
                2009'' and inserting ``fiscal year 2010''; and
                    (B) by striking ``$1,700,000,000 in fiscal year 
                2008 and $1,500,000,000 in fiscal year 2009'' and 
                inserting ``$1,300,000,000 in fiscal year 2010''.
    (b) Quarterly Reports.--Subsection (b) of such section is amended 
by striking ``fiscal years 2008 and 2009'' and inserting ``fiscal year 
2010''.

SEC. 1213. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT 
              PROVIDED TO UNITED STATES MILITARY OPERATIONS.

    (a) Authority.--From funds made available for the Department of 
Defense by section 1510 for operation and maintenance, Defense-wide 
activities, the Secretary of Defense may reimburse any key cooperating 
nation for logistical and military support provided by that nation to 
or in connection with United States military operations in Operation 
Iraqi Freedom or Operation Enduring Freedom.
    (b) Amounts of Reimbursement.--Reimbursement authorized by 
subsection (a) may be made in such amounts as the Secretary of Defense, 
with the concurrence of the Secretary of State and in consultation with 
the Director of the Office of Management and Budget, may determine, 
based on documentation determined by the Secretary of Defense to 
adequately account for the support provided.
    (c) Limitations.--
            (1) Limitation on amount.--The total amount of 
        reimbursements made under the authority in subsection (a) 
        during fiscal year 2010 may not exceed $1,600,000,000.
            (2) Prohibition on contractual obligations to make 
        payments.--The Secretary of Defense may not enter into any 
        contractual obligation to make a reimbursement under the 
        authority in subsection (a).
    (d) Notice to Congress.--The Secretary of Defense shall notify the 
appropriate congressional committees not less than 15 days before 
making any reimbursement under the authority in subsection (a). In the 
case of any reimbursement to Pakistan under the authority in subsection 
(a), such notification shall be made in accordance with the 
notification requirements under section 1232(b) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
392).
    (e) Quarterly Reports.--The Secretary of Defense shall submit to 
the appropriate congressional committees on a quarterly basis a report 
on any reimbursements made under the authority in subsection (a) during 
such quarter.
    (f) Extension of Notification Requirement Relating to Department of 
Defense Coalition Support Funds for Pakistan.--Section 1232(b)(6) of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 393), as amended by section 1217(d) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4635), is further amended by striking 
``September 30, 2010'' and inserting ``September 30, 2011''.
    (g) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.

SEC. 1214. PAKISTAN COUNTERINSURGENCY FUND.

    (a) Amounts in Fund.--The Pakistan Counterinsurgency Fund (in this 
section referred to as the ``Fund'') shall consist of the following:
            (1) Amounts appropriated to the Fund for fiscal year 2009.
            (2) Amounts transferred to the Fund pursuant to subsection 
        (d).
    (b) Use of Funds.--
            (1) In general.--Amounts in the Fund shall be made 
        available to the Secretary of Defense, with the concurrence of 
        the Secretary of State, to provide assistance to the security 
        forces of Pakistan (including program management and the 
        provision of equipment, supplies, services, training, facility 
        and infrastructure repair, renovation, and construction) to 
        improve the counterinsurgency capability of Pakistan's security 
        forces (including Pakistan's military, Frontier Corps, and 
        other security forces), and of which not more than $2,000,000 
        may be made available to provide humanitarian assistance to the 
        people of Pakistan only as part of civil-military training 
        exercises for Pakistan's security forces receiving assistance 
        under the Fund.
            (2) Relation to other authorities.--Except as otherwise 
        provided in section 1215 of this Act (relating to the program 
        to provide for the registration and end-use monitoring of 
        defense articles and defense services transferred to 
        Afghanistan and Pakistan), amounts in the Fund are authorized 
        to be made available notwithstanding any other provision of 
        law. The authority to provide assistance under this subsection 
        is in addition to any other authority to provide assistance to 
        foreign countries.
    (c) Transfers From Fund.--
            (1) In general.--The Secretary of Defense may transfer such 
        amounts as the Secretary determines to be appropriate from the 
        Fund--
                    (A) to any account available to the Department of 
                Defense, or
                    (B) with the concurrence of the Secretary of State 
                and head of the relevant Federal department or agency, 
                to any other non-intelligence related Federal account,
        for purposes consistent with this section.
            (2) Treatment of transferred funds.--Amounts transferred to 
        an account under the authority of paragraph (1) shall be merged 
        with amounts in such account and shall be made available for 
        the same purposes, and subject to the same conditions and 
        limitations, as amounts in such account.
            (3) Transfers back to fund.--Upon a determination by the 
        Secretary of Defense with respect to funds transferred under 
        paragraph (1)(A), or the head of the other Federal department 
        or agency with the concurrence of the Secretary of State with 
        respect to funds transferred under paragraph (1)(B), that all 
        or part of amounts transferred from the Fund under paragraph 
        (1) are not necessary for the purpose provided, such amounts 
        may be transferred back to the Fund and shall be made available 
        for the same purposes, and subject to the same conditions and 
        limitations, as originally applicable under subsection (b).
    (d) Transfers to Fund.--
            (1) In general.--The Fund may include amounts transferred 
        by the Secretary of State, with the concurrence of the 
        Secretary of Defense, under any authority of the Secretary of 
        State to transfer funds under any provision of law.
            (2) Treatment of transferred funds.--Amounts transferred to 
        the Fund under the authority of paragraph (1) shall be merged 
        with amounts in the Fund and shall be made available for the 
        same purposes, and subject to the same conditions and 
        limitations, as amounts in the Fund.
    (e) Congressional Notification.--
            (1) In general.--Amounts in the Fund may not be obligated 
        or transferred from the Fund under this section until 15 days 
        after the date on which the Secretary of Defense notifies the 
        appropriate congressional committees in writing of the details 
        of the proposed obligation or transfer.
            (2) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Committee on Appropriations 
                of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Committee on 
                Appropriations of the Senate.
    (f) Sunset.--
            (1) In general.--Except as provided in paragraph (2), the 
        authority provided under this section terminates at the close 
        of September 30, 2010.
            (2) Exception.--Any program supported from amounts in the 
        Fund established before the close of September 30, 2010, may be 
        completed after that date but only using amounts appropriated 
        or transferred to the Fund on or before that date.

SEC. 1215. PROGRAM TO PROVIDE FOR THE REGISTRATION AND END-USE 
              MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES 
              TRANSFERRED TO AFGHANISTAN AND PAKISTAN.

    (a) Program Required.--
            (1) In general.--The Secretary of Defense shall establish 
        and carry out a program to provide for the registration and 
        end-use monitoring of defense articles and defense services 
        transferred to Afghanistan and Pakistan in accordance with the 
        requirements under subsection (b) and to prohibit the 
        retransfer of such defense articles and defense services 
        without the consent of the United States. The program required 
        under this subsection shall be limited to the transfer of 
        defense articles and defense services--
                    (A) pursuant to authorities other than the Arms 
                Export Control Act or the Foreign Assistance Act of 
                1961; and
                    (B) using funds made available to the Department of 
                Defense, including funds available pursuant to the 
                Pakistan Counterinsurgency Fund.
            (2) Prohibition.--No defense articles or defense services 
        that would be subject to the program required under this 
        subsection may be transferred to--
                    (A) the Government of Afghanistan or any other 
                group, organization, citizen, or resident of 
                Afghanistan, or
                    (B) the Government of Pakistan or any other group, 
                organization, citizen, or resident of Pakistan,
        until the Secretary of Defense certifies to the specified 
        congressional committees that the program required under this 
        subsection has been established.
    (b) Registration and End-use Monitoring Requirements.--The 
registration and end-use monitoring requirements under this subsection 
shall include the following:
            (1) A detailed record of the origin, shipping, and 
        distribution of defense articles and defense services 
        transferred to--
                    (A) the Government of Afghanistan and other groups, 
                organizations, citizens, and residents of Afghanistan; 
                and
                    (B) the Government of Pakistan and other groups, 
                organizations, citizens, and residents of Pakistan.
            (2) A program of end-use monitoring of lethal defense 
        articles and defense services transferred to the entities and 
        individuals described in subparagraphs (A) and (B) of paragraph 
        (1).
    (c) Review; Exemption.--
            (1) Review.--The Secretary of Defense shall periodically 
        review the defense articles and defense services subject to the 
        registration and end-use monitoring requirements under 
        subsection (b) to determine which defense articles and defense 
        services, if any, should no longer be subject to such 
        registration and monitoring requirements. The Secretary of 
        Defense shall submit to the specified congressional committees 
        the results of each review conducted under this paragraph.
            (2) Exemption.--The Secretary of Defense may exempt a 
        defense article or defense service from the registration and 
        end-use monitoring requirements under subsection (b) beginning 
        on the date that is 30 days after the date on which the 
        Secretary provides notice of the proposed exemption to the 
        specified congressional committees. Such notice shall describe 
        any controls to be imposed on such defense article or defense 
        service, as the case may be, under any other provision of law.
    (d) Definitions.--In this section:
            (1) Defense article.--The term ``defense article''--
                    (A) includes--
                            (i) any weapon, including a small arm (as 
                        defined in paragraph (3)), weapons system, 
                        munition, aircraft, vessel, boat or other 
                        implement of war;
                            (ii) any property, installation, commodity, 
                        material, equipment, supply, or goods used for 
                        the purposes of furnishing military assistance;
                            (iii) any machinery, facility, tool, 
                        material supply, or other item necessary for 
                        the manufacture, production, processing repair, 
                        servicing, storage, construction, 
                        transportation, operation, or use of any 
                        article listed in this paragraph; or
                            (iv) any component or part of any article 
                        listed in this paragraph; but
                    (B) does not include merchant vessels or, as 
                defined by the Atomic Energy Act of 1954 (42 U.S.C. 
                2011 et seq.), source material (except uranium depleted 
                in the isotope 235 which is incorporated in defense 
                articles solely to take advantage of high density or 
                pyrophoric characteristics unrelated to radioactivity), 
                by-product material, special nuclear material, 
                production facilities, utilization facilities, or 
                atomic weapons or articles involving Restricted Data.
            (2) Defense service.--The term ``defense service'' includes 
        any service, test, inspection, repair, publication, or 
        technical or other assistance or defense information used for 
        the purposes of furnishing military assistance, but does not 
        include military educational and training activities under 
        chapter 5 of part II of the Foreign Assistance Act of 1961.
            (3) Small arm.--The term ``small arm'' means--
                    (A) a handgun or pistol;
                    (B) a shoulder-fired weapon, including a sub-
                carbine, carbine, or rifle;
                    (C) a light, medium, or heavy automatic weapon up 
                to and including a .50 caliber machine gun;
                    (D) a recoilless rifle up to and including 106mm;
                    (E) a mortar up to and including 81mm;
                    (F) a rocket launcher, man-portable;
                    (G) a grenade launcher, rifle and shoulder fired; 
                and
                    (H) an individually-operated weapon which is 
                portable or can be fired without special mounts or 
                firing devices and which has potential use in civil 
                disturbances and is vulnerable to theft.
            (4) Specified congressional committees.--The term 
        ``specified congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall take effect 180 days after the date of the 
        enactment of this Act.
            (2) Exception.--The Secretary of Defense may delay the 
        effective date of this section by an additional period of up to 
        90 days if the Secretary certifies in writing to the specified 
        congressional committees for such additional period that it is 
        in the vital interest of the United States to do so and 
        includes in the certification a description of such vital 
        interest.

SEC. 1216. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND AFGHANISTAN.

    (a) Reports Required.--Not later than 180 days after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to the congressional defense committees separate reports 
containing assessments of the extent to which the campaign plan for 
Iraq and the campaign plan for Afghanistan each adhere to military 
doctrine (as defined in the Department of Defense's Joint Publication 
5-0, Joint Operation Planning), including the elements set forth in 
subsection (b).
    (b) Matters to Be Assessed.--The matters to be included in the 
assessments required under subsection (a) are as follows:
            (1) The extent to which each campaign plan identifies and 
        prioritizes the conditions that must be achieved in each phase 
        of the campaign.
            (2) The extent to which each campaign plan reports the 
        number of combat brigade teams and other forces required for 
        each campaign phase.
            (3) The extent to which each campaign plan estimates the 
        time needed to reach the desired end state and complete the 
        military portion of the campaign.
    (c) Update of Report.--The Comptroller General shall submit to the 
congressional defense committees an update of the report on the 
campaign plan for Iraq or the campaign plan for Afghanistan required 
under subsection (a) whenever the campaign plan for Iraq or the 
campaign plan for Afghanistan, as the case may be, is substantially 
updated or altered.
    (d) Exception.--If the Comptroller General determines that a report 
submitted to Congress by the Comptroller General before the date of the 
enactment of this Act substantially meets the requirements of 
subsection (a) for the submission of a report on the campaign plan for 
Iraq or the campaign plan for Afghanistan, the Comptroller General 
shall so notify the congressional defense committees in writing, but 
shall provide an update of the report as required under subsection (c).
    (e) Termination.--
            (1) Reports on iraq.--The requirement to submit updates of 
        reports on the campaign plan for Iraq under subsection (c) 
        shall terminate on December 31, 2011.
            (2) Reports on afghanistan.--The requirement to submit 
        updates of reports on the campaign plan for Afghanistan under 
        subsection (c) shall terminate on September 30, 2012.

SEC. 1217. REQUIRED ASSESSMENTS OF UNITED STATES EFFORTS IN 
              AFGHANISTAN.

    (a) Assessments Required.--Not later than 180 days after the date 
of the enactment of this Act, and every 180 days thereafter, the 
President shall conduct an assessment, which shall be not more than 30 
days in duration, of the progress toward defeating al Qa'ida and its 
affiliated networks and extremist allies and preventing the 
establishment of safe havens in Afghanistan for al Qa'ida and its 
affiliated networks and extremist allies.
    (b) Areas to Be Assessed.--In carrying out subsection (a), the 
President should assess progress in the following areas:
            (1) Ending the ability of the Taliban, al Qa'ida, and other 
        anti-government elements--
                    (A) to establish control over the population of 
                Afghanistan or regions of Afghanistan;
                    (B) to establish safe havens in Afghanistan; and
                    (C) to conduct attacks inside or outside 
                Afghanistan.
            (2) Spreading legitimate and functional governance.
            (3) Spreading the rule of law.
            (4) Improving the legal economy of Afghanistan.
            (5) Other areas the President determines to be important.
    (c) Requirement to Develop Goals and Timelines.--For each area 
required to be assessed under subsection (b), the President, in 
consultation with the Government of Afghanistan and the governments of 
other countries the President determines to be necessary, shall 
establish goals for each area and timelines for meeting such goals.
    (d) Metrics.--The President shall develop metrics that allows for 
the accurate and thorough assessment of progress toward each goal and 
along each timeline required under subsection (c).
    (e) Report Required.--
            (1) In general.--Not later than 30 days after the 
        completion of each assessment required under subsection (a), 
        the President shall transmit to Congress a report on the 
        assessment.
            (2) Elements.--The report required under paragraph (1) 
        should include, at a minimum, the following elements:
                    (A) The results of the assessment of--
                            (i) the progress of the government and 
                        people of Afghanistan, with the assistance of 
                        the international community, in each area 
                        required to be assessed under subsection (b); 
                        and
                            (ii) the effectiveness of United States 
                        efforts to assist the government and people of 
                        Afghanistan to make progress in each area 
                        required to be assessed under subsection (b).
                    (B) A description of the goals and timelines for 
                meeting such goals required under subsection (c).
                    (C) A description of the metrics required to be 
                developed under subsection (d) and how such metrics 
                were used to assess progress in each area required to 
                be assessed under subsection (b).
            (3) Form.--The report required under paragraph (1) shall be 
        transmitted in unclassified form, but may contain a classified 
        annex if necessary.
    (f) Sunset.--The requirement to conduct assessments under 
subsection (a) shall not apply beginning on the date that is 5 years 
after the date of the enactment of this Act.

SEC. 1218. REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED STATES ARMED 
              FORCES FROM IRAQ.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, or December 31, 2009, whichever occurs later, 
and every 90 days thereafter, the Secretary of Defense shall submit to 
the appropriate congressional committees a report concerning the 
responsible redeployment of United States Armed Forces from Iraq in 
accordance with the policy announced by the President on February 27, 
2009, and the Agreement Between the United States of America and the 
Republic of Iraq On the Withdrawal of United States Forces From Iraq 
and the Organization of Their Activities During Their Temporary 
Presence in Iraq.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) The number of United States military personnel in Iraq 
        by service and component for each month of the preceding 90-day 
        period and an estimate of the personnel levels in Iraq for the 
        90-day period following submission of the report.
            (2) The number and type of military installations in Iraq 
        occupied by 100 or more United States military personnel and 
        the number of such military installations closed, consolidated, 
        or transferred to the Government of Iraq in the preceding 90-
        day period.
            (3) An estimate of the number of military vehicles, 
        containers of equipment, tons of ammunition, or other 
        significant items belonging to the Department of Defense 
        removed from Iraq during the preceding 90-day period, an 
        estimate of the remaining amount of such items belonging to the 
        Department of Defense, and an assessment of the likelihood of 
        successfully removing, demilitarizing, or otherwise 
        transferring all items belonging to the Department of Defense 
        from Iraq on or before December 31, 2011.
            (4) An assessment of United States detainee operations and 
        releases. Such assessment should include the total number of 
        detainees held by the United States in Iraq, the number of 
        detainees in each threat level category, the number of 
        detainees who are not nationals of Iraq, the number of 
        detainees transferred to Iraqi authorities, the number of 
        detainees who were released from United States custody and the 
        reasons for their release, and the number of detainees who 
        having been released in the past were recaptured or had their 
        remains identified planning or after carrying out attacks on 
        United States or Coalition forces.
            (5) A listing of the objective and subjective factors 
        utilized by the commander of Multi-National Force-Iraq, 
        including any changes to that list in the case of an update to 
        the report, to determine risk levels associated with the 
        drawdown of United States Armed Forces, and the process and 
        timing that will be utilized by the commander of Multi-National 
        Force-Iraq and the Secretary of Defense to assess risk and make 
        recommendations to the President about either continuing the 
        redeployment of United States Armed Forces from Iraq in 
        accordance with the schedule announced by the President or 
        modifying the pace or timing of that redeployment.
    (c) Inclusion in Other Reports.--The report required under 
subsection (a) and any updates to the report may be included in any 
other required report on Iraq submitted to Congress by the Secretary of 
Defense.
    (d) Form.--The report required under subsection (a), whether or not 
included in another report on Iraq submitted to Congress by the 
Secretary of Defense, may include a classified annex.
    (e) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, the Select Committee on Intelligence, and 
        the Committee on Appropriations of the Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Permanent Select Committee on 
        Intelligence, and the Committee on Appropriations of the House 
        of Representatives.

SEC. 1219. REPORT ON AFGHAN PUBLIC PROTECTION PROGRAM.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the Afghan Public 
Protection Program (in this section referred to as the ``program'').
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include the following elements:
            (1) An assessment of the program in the initial pilot 
        districts in Afghanistan, including, at a minimum, the 
        following elements:
                    (A) An evaluation of the changes in security 
                conditions in the initial pilot districts from the 
                program's inception to the date of the report.
                    (B) The extent to which the forces developed under 
                the program in the initial pilot districts are 
                generally representative of the ethnic groups in the 
                respective districts.
                    (C) If the forces developed under the program are 
                appropriately representative of the geographic area of 
                responsibility.
                    (D) An assessment of the views of the local 
                communities, to include both Afghan national, 
                provincial, and district governmental officials and 
                leaders of the local communities, of the successes and 
                failures of the program.
                    (E) Any formal reviews of the program that are 
                planned for the future and the timelines on which the 
                reviews would be conducted, by whom the reviews would 
                be conducted, and the criteria that would be used.
                    (F) The selection criteria that were used to select 
                members of the program in the initial pilot districts 
                and how the members were vetted.
                    (G) The costs to the Department of Defense to 
                support the program in the initial pilot districts, to 
                include any Commanders' Emergency Response Program 
                funds spent as formal or informal incentives.
                    (H) The roles of the Afghanistan National Security 
                Forces (ANSF) in supporting and training forces under 
                the program.
                    (I) Any other criteria used to evaluate the program 
                in the initial pilot districts by the Commander of 
                United States Forces-Afghanistan.
            (2) An assessment of the future of the program, including, 
        at a minimum, the following elements:
                    (A) A description of the goals and objectives 
                expected to be met by the expansion of the program.
                    (B) A description of how such an expansion supports 
                the functions of the Afghan National Police.
                    (C) A description of how the decision will be made 
                whether to expand the program outside the initial pilot 
                districts and the criteria that will be used to make 
                that decision.
                    (D) A description of how districts or provinces 
                outside of the initial pilot districts will be chosen 
                to participate in the program, including an explanation 
                of the following:
                            (i) What mechanisms the Government of 
                        Afghanistan will use to select additional 
                        districts or provinces, including participants 
                        in the decision process and the criteria used.
                            (ii) How the views of relevant United 
                        States Government departments and agencies will 
                        be taken into account by the Government of 
                        Afghanistan when choosing districts or 
                        provinces to participate in the program.
                            (iii) How the views of other North Atlantic 
                        Treaty Organization (NATO) International 
                        Security Assistance Force (ISAF) Coalition 
                        partners will be taken into account during the 
                        decision process.
                            (iv) What process will be used to evaluate 
                        any changes to the program as executed in the 
                        initial pilot districts to account for 
                        different or unique circumstances in additional 
                        areas of expansion.
                    (E) An assessment of personnel or assets of the 
                Department of Defense that would likely be required to 
                support any expansion of the program, including a 
                description of the following:
                            (i) Any requirement for personnel to train 
                        or mentor additional forces developed under the 
                        program or to train additional members of the 
                        ANSF to train forces under the program.
                            (ii) Any Department of Defense funding that 
                        would be provided to support additional forces 
                        under the program.
                            (iii) Any assistance that would reasonably 
                        be required to assist the Government of 
                        Afghanistan manage any additional forces 
                        developed under the program.
                    (F) A description of the formal process, led by the 
                Government of Afghanistan, that will be used to 
                evaluate the program, including a description of the 
                following:
                            (i) A listing of the criteria that are 
                        expected to be considered in the process.
                            (ii) The roles in the process of--
                                    (I) the Government of Afghanistan;
                                    (II) relevant United States 
                                Government departments and agencies;
                                    (III) NATO-ISAF Coalition partners;
                                    (IV) nongovernmental 
                                representatives of the people of 
                                Afghanistan; and
                                    (V) any other appropriate 
                                individuals and entities.
                    (G) If members of the forces developed under the 
                program will be transitioned to the ANSF or to other 
                employment in the future, a description of--
                            (i) the process that will be used to 
                        transition the forces;
                            (ii) additional training that may be 
                        required;
                            (iii) how decisions will be made to 
                        transition the forces to the ANSF or other 
                        employment; and
                            (iv) any other relevant information.
                    (H) The Afghan chain of command that will be used 
                to implement the program and provide command and 
                control over the units created by the program.

SEC. 1220. UPDATES OF REPORT ON COMMAND AND CONTROL STRUCTURE FOR 
              MILITARY FORCES OPERATING IN AFGHANISTAN.

    Section 1216(d) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634) is 
amended by adding at the end the following new sentence: ``Any update 
of the report required under subsection (c) may be included in the 
report required under section 1230 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
385).''.

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.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Secretary of 
Defense shall submit to the congressional defense committees a report 
on payments made by United States Armed Forces to residents of 
Afghanistan as compensation for losses caused by United States military 
operations.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include--
            (1) the total amount of funds provided for losses caused by 
        United States military operations;
            (2) a breakdown of the number of payments by type, to 
        include--
                    (A) compensation for the death of a noncombatant 
                Afghan resident;
                    (B) compensation for the injury of a noncombatant 
                Afghan resident;
                    (C) compensation for property damage caused during 
                combat operations or noncombat operations; and
                    (D) any other category for which compensation was 
                paid by United States Armed Forces; and
            (3) the average amount of compensation for each type of 
        payment described in paragraph (2).
    (c) Scope of Report.--The initial report required under subsection 
(a) shall include the information required under subsection (b) for the 
5-year period ending on the date of submission of the initial report 
and each update of the report required under subsection (a) shall 
include the information required under subsection (b) for the period 
since the submission of last report.
    (d) Termination.--The requirement to submit reports under 
subsection (a) shall terminate on September 30, 2012.

SEC. 1222. ASSESSMENT AND REPORT ON UNITED STATES-PAKISTAN MILITARY 
              RELATIONS AND COOPERATION.

    (a) Assessment Required.--The Secretary of Defense, in consultation 
with the Secretary of State, shall conduct an assessment of possible 
alternatives to reimbursements to Pakistan for logistical, military, or 
other support provided by Pakistan to or in connection with United 
States military operations, which could encourage the Pakistani 
military to undertake counterterrorism and counterinsurgency operations 
and achieve the goals and objectives for long-term United States-
Pakistan military relations and cooperation.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the assessment 
required under subsection (a).
    (c) Form.--The report required under subsection (b) shall be 
submitted in unclassified form, but may include a classified annex if 
necessary.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.

SEC. 1223. REQUIRED ASSESSMENTS OF PROGRESS TOWARD SECURITY AND 
              STABILITY IN PAKISTAN.

    (a) Assessments Required.--Not later than 180 days after the date 
of the enactment of this Act, and every 180 days thereafter, the 
President shall conduct an assessment, which shall be not more than 30 
days in duration, of the progress toward long-term security and 
stability in Pakistan.
    (b) Areas to Be Assessed.--In carrying out subsection (a), the 
President should assess--
            (1) the effectiveness of efforts--
                    (A) to disrupt, dismantle, and defeat al Qa'ida, 
                its affiliated networks, and other extremist forces in 
                Pakistan;
                    (B) to eliminate the safe havens for such forces in 
                Pakistan; and
                    (C) to prevent the return of such forces to 
                Pakistan or Afghanistan; and
            (2) the effectiveness of United States security assistance 
        to Pakistan to achieve the strategic goal described in 
        paragraph (1).
    (c) Requirement to Develop Goals and Objectives and Timelines.--For 
any area assessed under subsection (b), the President, in consultation 
with the Government of Pakistan and the governments of other countries 
the President determines to be necessary, shall establish goals and 
objectives and timelines for meeting such goals and objectives.
    (d) Requirement to Develop Metrics.--The President shall develop 
metrics that allow for the accurate and thorough assessment of progress 
toward each goal and objective and along each timeline required under 
subsection (c).
    (e) Report Required.--
            (1) In general.--Not later than 30 days after the 
        completion of each assessment required under subsection (a), 
        the President shall transmit to Congress a report on the 
        assessment.
            (2) Elements.--The report required under paragraph (1) 
        should include, at a minimum, the following elements:
                    (A) The results of the assessment required under 
                subsection (a).
                    (B) A description of the goals and objectives and 
                timelines for meeting such goals and objectives 
                required under subsection (c).
                    (C) A description of the metrics required to be 
                developed under subsection (d) and how such metrics 
                were used to assess progress in each area required to 
                be assessed under subsection (b).
            (3) Form.--The report required under paragraph (1) shall be 
        transmitted in unclassified form, but may contain a classified 
        annex if necessary.
    (f) Sunset.--The requirement to conduct assessments under 
subsection (a) shall not apply beginning on the date that is 5 years 
after the date of the enactment of this Act.

SEC. 1224. REPEAL OF GAO WAR-RELATED REPORTING REQUIREMENT.

    Section 1221(c) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3462) is amended by 
striking the following: ``Based on these reports, the Comptroller 
General shall provide to Congress quarterly updates on the costs of 
Operation Iraqi Freedom and Operation Enduring Freedom.''.

SEC. 1225. PLAN TO GOVERN THE DISPOSITION OF SPECIFIED DEFENSE ITEMS IN 
              IRAQ.

    (a) Plan Required.--The Secretary of Defense shall prepare a plan 
to govern the disposition of specified defense items in Iraq.
    (b) Elements of Plan.--The plan required under subsection (a) 
shall, at a minimum, address the following elements:
            (1) The identification of an individual, position, or 
        office that will be responsible for making recommendations to 
        the Secretary of Defense regarding the disposition of specified 
        defense items in Iraq.
            (2) A mechanism for conducting a thorough inventory of 
        specified defense items in Iraq owned by the Department of 
        Defense, including specified defense items in Iraq that are 
        operated by contractors.
            (3) A mechanism for soliciting input regarding potential 
        requirements for specified defense items in Iraq. Such 
        potential requirements may include--
                    (A) use in other overseas contingency operations 
                involving the Armed Forces;
                    (B) use to reset the Armed Forces;
                    (C) use by other United States combatant commanders 
                to enhance their capability to carry out missions in 
                their respective combatant commands;
                    (D) use to refill prepositioned stocks;
                    (E) transfer to the security forces of Iraq or 
                Afghanistan; and
                    (F) use by other Federal departments and agencies 
                or political subdivisions of the United States.
            (4) A mechanism for identifying specified defense items in 
        Iraq that are not economically viable to remove from Iraq or 
        which are not needed to meet other requirements, and for 
        soliciting and evaluating proposals for the disposition of 
        those items.
            (5) A mechanism for ensuring that the views and inputs, as 
        may be required by law, of other Federal departments and 
        agencies are taken into account.
    (c) Report Required.--The Secretary of Defense shall submit to the 
congressional defense committees a report outlining the plan required 
under subsection (a) and including the elements required under 
subsection (b). The report shall further include an assessment of 
current authorities for the disposition of equipment and 
recommendations about changes to such authorities that the Secretary 
determines to be necessary. The report required under this subsection 
shall be submitted not later than the date of submission to Congress of 
the President's budget for fiscal year 2011 pursuant to section 1105(a) 
of title 31, United States Code.
    (d) Review by the Comptroller General.--Not later than 60 days 
after the date of submission of the report required under subsection 
(c), the Comptroller General of the United States shall submit to the 
congressional defense committees a review of the plan required under 
subsection (a) and the recommendations of the Secretary of Defense 
contained in the report required under subsection (c).
    (e) Rule of Construction.--Nothing in this section shall be 
construed to authorize the transfer of specified defense items in Iraq 
to any entity outside the Department of Defense except pursuant to 
relevant laws currently in force.
    (f) Specified Defense Items in Iraq Defined.--In this section, the 
term ``specified defense items in Iraq'' includes major end items and 
tactical equipment items owned by the Department of Defense that are 
present in Iraq as of the date of enactment of this Act and are no 
longer required to support United States military operations in Iraq.

SEC. 1226. CIVILIAN MINISTRY OF DEFENSE ADVISOR PROGRAM.

    (a) Authority.--The Secretary of Defense, with the concurrence of 
the Secretary of State, may provide civilian advisors to senior 
civilian and military officials of the Governments of Iraq and 
Afghanistan for the purpose of providing institutional, ministerial-
level advice and other training to such officials in support of 
stabilization efforts and United States military operations in those 
countries.
    (b) Formulation of Advice and Training Program.--The Secretary of 
Defense and the Secretary of State shall jointly formulate any program 
to provide advice and training under subsection (a).
    (c) Limitation.--The Secretary of Defense may not expend more than 
$13,100,000 for any fiscal year in carrying out any program in Iraq and 
Afghanistan as described in subsection (a).
    (d) Additional Authority.--The authority to provide assistance 
under this section is in addition to any other authority to provide 
assistance to foreign nations or forces.
    (e) Termination of Authority.--The authority to provide assistance 
under this section terminates at the close of September 30, 2010.

SEC. 1227. REPORT ON THE STATUS OF INTERAGENCY COORDINATION IN THE 
              AFGHANISTAN AND OPERATION ENDURING FREEDOM THEATER OF 
              OPERATIONS.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Secretary of 
Defense and the Secretary of State shall submit to the appropriate 
congressional committees a report on the status of interagency 
coordination in the Afghanistan and Operation Enduring Freedom theater 
of operations.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include a description of the following:
            (1) The staffing structure of United States-led Provincial 
        Reconstruction Teams (PRTs) in Afghanistan, including the roles 
        of members of the Armed Forces, the roles of non-Armed Forces 
        personnel, and unfilled staffing, training, and resource needs.
            (2) The use of members of the Armed Forces for 
        reconstruction, development, and capacity building programs 
        outside the jurisdiction of the Department of Defense.
            (3) Coordination between United States-led and NATO ISAF-
        led programs to develop the capacity of national, provincial, 
        and local government and other civil institutions as well as 
        reconstruction and development activities in Afghanistan.
            (4) Unfilled staffing and resource requirements for 
        reconstruction, development, and civil institution capacity 
        building programs.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.

SEC. 1228. SENSE OF CONGRESS SUPPORTING UNITED STATES POLICY FOR 
              AFGHANISTAN.

    It is the sense of Congress that--
            (1) Afghanistan is a central front in the global struggle 
        against al Qa'ida and its affiliated networks;
            (2) the United States has a vital national security 
        interest in ensuring that Afghanistan does not revert back to 
        its pre-September 11, 2001, status and become a sanctuary for 
        trans-national terrorists;
            (3) the President outlined a strategy for Afghanistan and 
        Pakistan on March 27, 2009, that is rightly focused on 
        disrupting, dismantling, and defeating al Qa'ida and its 
        affiliated networks and their safe havens;
            (4) the implementation of the President's strategy requires 
        a long-term, integrated civilian-military counterinsurgency 
        strategy and a sustained, substantial commitment of military 
        resources to Afghanistan;
            (5) as part of such an effort, the President should 
        continue to provide United States military commanders with the 
        forces requested to conduct combat operations and to train and 
        mentor Afghan security forces; and
            (6) in support of the President's strategy, Congress should 
        ensure that United States military commanders in Afghanistan 
        have the necessary funding and resources to succeed.

SEC. 1229. ANALYSIS OF REQUIRED FORCE LEVELS AND TYPES OF FORCES NEEDED 
              TO SECURE SOUTHERN AND EASTERN REGIONS OF AFGHANISTAN.

    (a) Study Required.--At the request of the Commander of United 
States Forces for Afghanistan (USFOR-A), the Secretary of Defense shall 
enter into a contract with a Federally Funded Research Development 
Center (FFRDC) to provide analysis and support to the commander to 
assist with analyzing the required force levels and types of forces 
needed to secure the southern and eastern regions of Afghanistan in an 
effort to provide a space for the government of Afghanistan to 
establish effective government control and provide the Afghan security 
forces with the required training and mentoring.
    (b) Funding.--Of the amount authorized to be appropriated for 
Defense-wide operation and maintenance in section 301(5), $3,000,000 
may be used to carry out subsection (a).

SEC. 1230. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND 
              STABILITY IN AFGHANISTAN.

    (a) Matters to Be Included: Strategic Direction of United States 
Activities Relating to Security and Stability in Afghanistan.--
Subsection (c) of section 1230 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385) is 
amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) The specific substance of any existing formal 
                or informal agreement with NATO ISAF countries 
                regarding the following:
                            ``(i) Mutually agreed upon goals.
                            ``(ii) Strategies to achieve such goals, 
                        including strategies identified in `The 
                        Comprehensive Political Military Strategic 
                        Plan' agreed to by the Heads of State and 
                        Government from Allied and other troop-
                        contributing nations.
                            ``(iii) Resource and force requirements, 
                        including the requirements as determined by 
                        NATO military authorities in the agreed 
                        `Combined Joint Statement of Requirements' 
                        (CJSOR).
                            ``(iv) Commitments and pledges of support 
                        regarding troops and resource levels.'';
            (2) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively; and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Non-nato isaf troop-contributing countries.--A 
        description of the specific substance of any existing formal or 
        informal agreement with non-NATO ISAF troop-contributing 
        countries regarding the following:
                    ``(A) Mutually agreed upon goals.
                    ``(B) Strategies to achieve such goals.
                    ``(C) Resource and force requirements.
                    ``(D) Commitments and pledges of support regarding 
                troops and resource levels.''.
    (b) Matters to Be Included: Performance Indicators and Measures of 
Progress Toward Sustainable Long-term Security and Stability in 
Afghanistan.--Subsection (d)(2) of such section is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``individual NATO ISAF countries'' 
                and inserting ``each individual NATO ISAF country''; 
                and
                    (B) by inserting ``estimated in the most recent 
                NATO ISAF Troops Placemat'' after ``, including levels 
                of troops and equipment'';
            (2) by redesignating subparagraphs (C) through (K) as 
        subparagraphs (D) through (L), respectively;
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) With respect to non-NATO ISAF troop-
                contributing countries, a listing of contributions from 
                each individual country, including levels of troops and 
                equipment, the effect of contributions on operations, 
                and unfulfilled commitments.''; and
            (4) in subparagraph (I) (as redesignated)--
                    (A) by redesignating clause (ii) as clause (iii); 
                and
                    (B) by inserting after clause (i) the following:
                            ``(ii) The location, funding, staffing 
                        requirements, current staffing levels, and 
                        activities of each Provincial Reconstruction 
                        Team led by a nation other than the United 
                        States.''.
    (c) Conforming Amendment.--Subsection (d)(2) of such section, as 
amended, is further amended in subparagraph (J) (as redesignated) by 
striking ``subsection (c)(4)'' and inserting ``subsection (c)(5)''.

SEC. 1230A. NO PERMANENT MILITARY BASES IN AFGHANISTAN.

    None of the funds authorized to be appropriated by this Act or 
otherwise made available by this or any other Act shall be obligated or 
expended by the United States Government to establish any military 
installation or base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Afghanistan.

                       Subtitle C--Other Matters

SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION CENTER.

    (a) Authorization.--Of the amounts authorized to be appropriated 
for fiscal year 2010 pursuant to section 301(1) for operation and 
maintenance for the Army, to be derived from amounts made available for 
support of North Atlantic Treaty Organization (hereinafter in this 
section referred to as ``NATO'') operations, the Secretary of Defense 
is authorized to use up to $30,000,000 for the purposes set forth in 
subsection (b).
    (b) Purposes.--The Secretary shall provide funds for the NATO 
Special Operations Coordination Center (hereinafter in this section 
referred to as the ``NSCC'') to--
            (1) improve coordination and cooperation between the 
        special operations forces of NATO nations;
            (2) facilitate joint operations by the special operations 
        forces of NATO nations;
            (3) support special operations forces peculiar command, 
        control, and communications capabilities;
            (4) promote special operations forces intelligence and 
        informational requirements within the NATO structure; and
            (5) promote interoperability through the development of 
        common equipment standards, tactics, techniques, and 
        procedures, and through execution of a multinational education 
        and training program.
    (c) Certification.--Not less than 180 days after the date of 
enactment of this Act, the Secretary shall certify to the Committees on 
Armed Services of the Senate and House of Representatives that the 
Secretary of Defense has assigned executive agent responsibility for 
the NSCC to an appropriate organization within the Department of 
Defense, and detail the steps being undertaken by the Department of 
Defense to strengthen the role of the NSCC in fostering special 
operations capabilities within NATO.

SEC. 1232. ANNUAL REPORT ON MILITARY POWER OF THE ISLAMIC REPUBLIC OF 
              IRAN.

    (a) Annual Report.--Not later than March 1 of each year, the 
Secretary of Defense shall submit to the appropriate congressional 
committees a report, in both classified and unclassified form, on the 
current and future military strategy of the Islamic Republic of Iran. 
The report shall address the current and probable future course of 
military developments on Iran's Army, Air Force, Navy and the Iranian 
Revolutionary Guard Corps, and the tenets and probable development of 
Iran's grand strategy, security strategy, and military strategy, and of 
military organizations and operational concepts.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include at least the following elements:
            (1) As assessment of Iranian grand strategy, security 
        strategy, and military strategy, including the following:
                    (A) The goals of Iran's grand strategy, security 
                strategy, and military strategy.
                    (B) Trends in Iran's strategy that would be 
                designed to establish Iran as the leading power in the 
                Middle East and to enhance the influence of Iran in 
                other regions of the world.
                    (C) The security situation in the Persian Gulf and 
                the Levant.
                    (D) Iranian strategy regarding other countries in 
                the region, including Israel, Lebanon, Iraq, 
                Afghanistan, Saudi Arabia, Turkey, Bahrain, Kuwait, the 
                United Arab Emirates, Armenia, and Azerbaijan.
            (2) An assessment of the capabilities of Iran's 
        conventional forces, including the following:
                    (A) The size, location, and capabilities of Iran's 
                conventional forces.
                    (B) A detailed analysis of Iran's forces facing 
                United States forces in the region and other countries 
                in the region, including Israel, Lebanon, Iraq, 
                Afghanistan, Saudi Arabia, Turkey, Bahrain, Kuwait, the 
                United Arab Emirates, Armenia, and Azerbaijan.
                    (C) Major developments in Iranian military 
                doctrine.
                    (D) An estimate of the funding provided for each 
                branch of Iran's conventional forces.
            (3) An assessment of Iran's unconventional forces, 
        including the following:
                    (A) The size and capability of Iranian special 
                operations units, including the Iranian Revolutionary 
                Guard Corps-Quds Force.
                    (B) The types and amount of support provided to 
                groups designated by the United States as terrorist 
                organizations, including Hezbollah, Hamas, and the 
                Special Groups in Iraq, in particular those forces as 
                having been assessed as to be willing to carry out 
                terrorist operations on behalf of Iran or in response 
                to a military attack by another country on Iran.
                    (C) A detailed analysis of Iran's unconventional 
                forces facing United States forces in the region and 
                other countries in the region, including Israel, 
                Lebanon, Iraq, Afghanistan, Saudi Arabia, Turkey, 
                Bahrain, Kuwait, the United Arab Emirates, Armenia, and 
                Azerbaijan.
                    (D) An estimate of the amount of funds spent by 
                Iran to develop and support special operations forces 
                and terrorist groups.
            (4) An assessment of Iranian capabilities related to 
        nuclear and missile forces, including the following:
                    (A) A summary of nuclear capabilities and 
                developments in the preceding year, including the 
                location of major facilities believed to be involved in 
                a nuclear weapons program.
                    (B) A summary of the capabilities of Iran's 
                strategic missile forces, including the size of the 
                Iranian strategic missile arsenal and the locations of 
                missile launch sites.
                    (C) A detailed analysis of Iran's strategic missile 
                forces facing United States forces in the region and 
                other countries in the region, including Israel, 
                Lebanon, Iraq, Afghanistan, Saudi Arabia, Turkey, 
                Bahrain, Kuwait, the United Arab Emirates, Armenia, and 
                Azerbaijan.
                    (D) An estimate of the amount of funding expended 
                by Iran on programs to develop a capability to build 
                nuclear weapons or to enhance Iran's strategic missile 
                capability.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Select Committee on 
                Intelligence, and the Committee on Appropriations of 
                the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Permanent Select Committee on 
                Intelligence, and the Committee on Appropriations of 
                the House of Representatives.
            (2) Iran's conventional forces.--The term ``Iran's 
        conventional forces''--
                    (A) means military forces of the Islamic Republic 
                of Iran designed to conduct operations on sea, air, or 
                land, other than Iran's unconventional forces and 
                Iran's strategic missile forces; and
                    (B) includes Iran's Army, Iran's Air Force, Iran's 
                Navy, and elements of the Iranian Revolutionary Guard 
                Corps, other than the Iranian Revolutionary Guard 
                Corps-Quds Force.
            (3) Iran's unconventional forces.--The term ``Iran's 
        unconventional forces''--
                    (A) means forces of the Islamic Republic of Iran 
                that carry out missions typically associated with 
                special operations forces; and
                    (B) includes--
                            (i) the Iranian Revolutionary Guard Corps-
                        Quds Force; and
                            (ii) any organization that--
                                    (I) has been designated a terrorist 
                                organization by the United States;
                                    (II) receives assistance from Iran; 
                                and
                                    (III)(aa) is assessed as being 
                                willing in some or all cases of 
                                carrying out attacks on behalf of Iran; 
                                or
                                    (bb) is assessed as likely to carry 
                                out attacks in response to a military 
                                attack by another country on Iran.
            (4) Iran's strategic missile forces.--The term ``Iran's 
        strategic missile forces'' means those elements of the military 
        forces of the Islamic Republic of Iran that employ missiles 
        capable of flights in excess of 500 kilometers.

SEC. 1233. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS 
              INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Annual Report.--Subsection (a) of section 1202 of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 
Stat. 781; 10 U.S.C. 113 note) is amended--
            (1) in the first sentence, by striking ``on the current and 
        future military strategy of the People's Republic of China'' 
        and inserting ``on military and security developments involving 
        the People's Republic of China'';
            (2) in the second sentence--
                    (A) by striking ``on the People's Liberation Army'' 
                and inserting ``of the People's Liberation Army''; and
                    (B) by striking ``Chinese grand strategy, security 
                strategy,'' and inserting ``Chinese security 
                strategy''; and
            (3) by adding at the end the following new sentence: ``The 
        report shall also address United States-China engagement and 
        cooperation on security matters during the period covered by 
        the report, including through United States-China military-to-
        military contacts, and the United States strategy for such 
        engagement and cooperation in the future.''.
    (b) Matters to Be Included.--Subsection (b) of such section, as 
amended by section 1263 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 407), is further 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``goals of'' inserting ``goals and 
                factors shaping''; and
                    (B) by striking ``Chinese grand strategy, security 
                strategy,'' and inserting ``Chinese security 
                strategy'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Trends in Chinese security and military behavior that 
        would be designed to achieve, or that are inconsistent with, 
        the goals described in paragraph (1).'';
            (3) in paragraph (6)--
                    (A) by inserting ``and training'' after ``military 
                doctrine''; and
                    (B) by striking ``, focusing on (but not limited 
                to) efforts to exploit a transformation in military 
                affairs or to conduct preemptive strikes''; and
            (4) by adding at the end the following new paragraphs:
            ``(10) In consultation with the Secretary of Energy and the 
        Secretary of State, developments regarding United States-China 
        engagement and cooperation on security matters.
            ``(11) The current state of United States military-to-
        military contacts with the People's Liberation Army, which 
        shall include the following:
                    ``(A) A comprehensive and coordinated strategy for 
                such military-to-military contacts and updates to the 
                strategy.
                    ``(B) A summary of all such military-to-military 
                contacts during the period covered by the report, 
                including a summary of topics discussed and questions 
                asked by the Chinese participants in those contacts.
                    ``(C) A description of such military-to-military 
                contacts scheduled for the 12-month period following 
                the period covered by the report and the plan for 
                future contacts.
                    ``(D) The Secretary's assessment of the benefits 
                the Chinese expect to gain from such military-to-
                military contacts.
                    ``(E) The Secretary's assessment of the benefits 
                the Department of Defense expects to gain from such 
                military-to-military contacts, and any concerns 
                regarding such contacts.
                    ``(F) The Secretary's assessment of how such 
                military-to-military contacts fit into the larger 
                security relationship between the United States and the 
                People's Republic of China.
            ``(12) Other military and security developments involving 
        the People's Republic of China that the Secretary of Defense 
        considers relevant to United States national security.''.
    (c) Conforming Amendment.--Such section is further amended in the 
heading by striking ``military power of'' and inserting ``military and 
security developments involving''.
    (d) Repeals.--Section 1201 of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 779; 10 U.S.C. 
168 note) is amended by striking subsections (e) and (f).
    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act, and shall 
        apply with respect to reports required to be submitted under 
        subsection (a) of section 1202 of the National Defense 
        Authorization Act for Fiscal Year 2000, as so amended, on or 
        after that date.
            (2) Strategy and updates for military-to-military contacts 
        with people's liberation army.--The requirement to include the 
        strategy described in paragraph (11)(A) of section 1202(b) of 
        the National Defense Authorization Act for Fiscal Year 2000, as 
        so amended, in the report required to be submitted under 
        section 1202(a) of such Act, as so amended, shall apply with 
        respect to the first report required to be submitted under 
        section 1202(a) of such Act on or after the date of the 
        enactment of this Act. The requirement to include updates to 
        such strategy shall apply with respect to each subsequent 
        report required to be submitted under section 1202(a) of such 
        Act on or after the date of the enactment of this Act.

SEC. 1234. REPORT ON IMPACTS OF DRAWDOWN AUTHORITIES ON THE DEPARTMENT 
              OF DEFENSE.

    (a) Report Required.--The Secretary of Defense shall submit to the 
congressional defense committees and the Committee on Foreign Affairs 
of the House of Representatives and the Committee on Foreign Relations 
of the Senate an annual report, in unclassified form but with a 
classified annex if necessary, on the impacts of drawdown authorities 
on the Department of Defense. The report required under this subsection 
shall be submitted concurrent with the budget submitted to Congress by 
the President pursuant to section 1105(a) of title 31, United States 
Code.
    (b) Elements of Report.--The report required under subsection (a) 
shall contain the following elements:
            (1) A list of each drawdown for which a presidential 
        determination was issued in the preceding year.
            (2) A summary of the types and quantities of equipment that 
        was provided under each drawdown in the preceding year.
            (3) The cost to the Department of Defense to replace any 
        equipment transferred as part of each drawdown, not including 
        any depreciation, in the preceding year.
            (4) The cost to the Department of Defense of any other 
        item, including fuel or services, transferred as part of each 
        drawdown in the preceding year.
            (5) The total amount of funds transferred under each 
        drawdown in the preceding year.
            (6) A copy of any statement of impact on readiness or 
        statement of impact on operations and maintenance that any 
        military service furnished as part of the process of developing 
        a drawdown package in the preceding year.
            (7) An assessment by the Secretary of Defense and the 
        Chairman of the Joint Chiefs of Staff of the impact of 
        transfers carried out as part of drawdowns in the previous year 
        on--
                    (A) the ability of the Armed Forces to meet the 
                requirements of ongoing overseas contingency 
                operations;
                    (B) the level of risk associated with the ability 
                of the Armed Forces to execute the missions called for 
                under the National Military Strategy as described in 
                section 153(b) of title 10, United States Code;
                    (C) the ability of the Armed Forces to reset from 
                current contingency operations;
                    (D) the ability of both the active and Reserve 
                forces to conduct necessary training; and
                    (E) the ability of the Reserve forces to respond to 
                domestic emergencies.
    (c) Definitions.--In this section:
            (1) Drawdown.--The term ``drawdown'' means any transfer or 
        package of transfers of equipment, services, fuel, funds or any 
        other items carried out pursuant to a presidential 
        determination issued under a drawdown authority.
            (2) Drawdown authority.--The term ``drawdown authority'' 
        means an authority under--
                    (A) section 506(a) (1) or (2) of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2318(a) (1) or (2));
                    (B) section 552(c)(2) of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2348a(c)(2)); or
                    (C) any other substantially similar provision of 
                law.

SEC. 1235. RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL 
              POLICY.

    (a) Assessment Required.--The Secretary of Defense and the 
Secretary of State shall carry out an assessment of the national 
security risks of removing satellites and related components from the 
United States Munitions List.
    (b) Matters to Be Included.--The assessment required under 
subsection (a) shall included the following matters:
            (1) A review of the space and space-related technologies 
        currently on the United States Munitions List, to include 
        satellite systems, dedicated subsystems, and components.
            (2) An assessment of the national security risks of 
        removing certain space and space-related technologies 
        identified under paragraph (1) from the United States Munitions 
        List.
            (3) An examination of the degree to which other nations' 
        export control policies control or limit the export of space 
        and space-related technologies for national security reasons.
            (4) Recommendations for--
                    (A) the space and space-related technologies that 
                should remain on, or may be candidates for removal 
                from, the United States Munitions List based on the 
                national security risk assessment required paragraph 
                (2);
                    (B) the safeguards and verifications necessary to--
                            (i) prevent the proliferation and diversion 
                        of such space and space-related technologies;
                            (ii) confirm appropriate end use and end 
                        users; and
                            (iii) minimize the risk that such space and 
                        space-related technologies could be used in 
                        foreign missile, space, or other applications 
                        that may pose a threat to the security of the 
                        United States; and
                    (C) improvements to the space export control policy 
                and processes of the United States that do not 
                adversely affect national security.
    (c) Consultation.--In conducting the assessment required under 
subsection (a), the Secretary of Defense and the Secretary of State may 
consult with the heads of other relevant departments and agencies of 
the United States Government as the Secretaries determine is necessary.
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary of 
State shall submit to the congressional defense committees and the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the assessment 
required under subsection (a). The report shall be in unclassified form 
but may include a classified annex.
    (e) Definition.--In this section, the term ``United States 
Munitions List'' means the list referred to in section 38(a)(1) of the 
Arms Export Control Act (22 U.S.C. 2778(a)(1)).

SEC. 1236. PATRIOT AIR AND MISSILE DEFENSE BATTERY IN POLAND.

    Consistent with United States national security interests and the 
Declaration on Strategic Cooperation Between the United States of 
America and Republic of Poland (signed in Warsaw, Poland, on August 20, 
2008), and subject to the availability of appropriations, the Secretary 
of Defense shall seek to deploy a United States Army Patriot air and 
missile defense battery and the personnel required to operate and 
maintain such battery to Poland by 2012.

SEC. 1237. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE F-22A 
              FIGHTER AIRCRAFT TO JAPAN.

    (a) Report Required.--Not later than 30 days after the date of the 
enactment of this Act, Secretary of Defense, in coordination with the 
Secretary of State and in consultation with the Secretary of the Air 
Force, shall submit to the congressional defense committees and the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on potential 
foreign military sales of the F-22A fighter aircraft to the Government 
of Japan.
    (b) Matters to Be Included.--The report required under subsection 
(a) should detail--
            (1) the cost of developing an exportable version of the F-
        22A fighter aircraft to the United States Government, industry, 
        and the Government of Japan;
            (2) whether an exportable version of the F-22A fighter 
        aircraft is technically feasible and executable, and the 
        timeline for achieving such an exportable version of the 
        aircraft;
            (3) the potential strategic implication for allowing the 
        sale of the F-22A fighter aircraft to Japan;
            (4) the impact of foreign military sales of the F-22A 
        fighter aircraft on the United States aerospace and aviation 
        industry and the benefit or drawback such sales might have on 
        sustaining such industry; and
            (5) any changes to existing law needed to allow 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.

    (a) Expansion Authorized.--In conjunction with the Government of 
the Russian Federation, the Secretary of Defense may expand the United 
States-Russian Federation joint center for the exchange of data from 
early warning systems for launches of ballistic missiles, as 
established pursuant to section 1231 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-398; 114 Stat. 1654A-329), to include the exchange of 
data on missile defense-related activities.
    (b) Report Required.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on plans for expansion of the joint data exchange center.
    (c) Authorization of Appropriations.--Of the amount authorized to 
be appropriated pursuant to section 201(1) for research, development, 
test, and evaluation for the Army, $5,000,000, to be derived from PE 
0604869A, shall be available to carry out this section.

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.

    (a) Findings.--Congress makes the following findings:
            (1) In the Joint Statement by President Dmitriy Medvedev of 
        the Russian Federation and President Barack Obama of the United 
        States of America after their meeting in London, England on 
        April 1, 2009, the two Presidents agreed ``to pursue new and 
        verifiable reductions in our strategic offensive arsenals in a 
        step-by-step process, beginning by replacing the Strategic Arms 
        Reduction Treaty with a new, legally-binding treaty.''.
            (2) At that meeting, the two Presidents instructed their 
        negotiators to reach an agreement that ``will mutually enhance 
        the security of the Parties and predictability and stability in 
        strategic offensive forces, and will include effective 
        verification measures drawn from the experience of the Parties 
        in implementing the START Treaty.''.
            (3) Subsequently, on April 5, 2009, in a speech in Prague, 
        the Czech Republic, President Obama proclaimed: ``Iran's 
        nuclear and ballistic missile activity poses a real threat, not 
        just to the United States, but to Iran's neighbors and our 
        allies. The Czech Republic and Poland have been courageous in 
        agreeing to host a defense against these missiles. As long as 
        the threat from Iran persists, we will go forward with a 
        missile defense system that is cost-effective and proven.''.
            (4) President Obama also said: ``As long as these [nuclear] 
        weapons exist, the United States will maintain a safe, secure 
        and effective arsenal to deter any adversary, and guarantee 
        that defense to our allies--including the Czech Republic. But 
        we will begin the work of reducing our arsenal.''.
    (b) Limitation.--Funds authorized to be appropriated by this Act or 
otherwise made available to the Department of Defense for fiscal year 
2010 may be obligated or expended to implement reductions in the 
strategic nuclear forces of the United States pursuant to any treaty or 
other agreement entered into between the United States and the Russian 
Federation on strategic nuclear forces after the date of enactment of 
this Act only if the President certifies to Congress that--
            (1) the treaty or other agreement provides for sufficient 
        mechanisms to verify compliance with the treaty or agreement;
            (2) the treaty or other agreement does not place 
        limitations on the ballistic missile defense systems, space 
        capabilities, or advanced conventional weapons of the United 
        States; and
            (3) the fiscal year 2011 budget request for programs of the 
        Department of Energy's National Nuclear Security Administration 
        will be sufficiently funded to--
                    (A) maintain the reliability, safety, and security 
                of the remaining strategic nuclear forces of the United 
                States; and
                    (B) modernize and refurbish the nuclear weapons 
                complex.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the President shall transmit to the congressional 
committees specified in subsection (d) a report on the stockpiles of 
strategic and non-strategic weapons of the United States and the 
Russian Federation.
    (d) Specified Congressional Committees.--The congressional 
committees specified in this subsection are the following:
            (1) The Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.
            (2) The Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
    (e) Definition.--For the purposes of this section, the term 
``advanced conventional weapons'' means any advanced weapons system 
that has been specifically designed not to carry a nuclear payload.

SEC. 1240. MAP OF MINERAL-RICH ZONES AND AREAS UNDER THE CONTROL OF 
              ARMED GROUPS IN DEMOCRATIC REPUBLIC OF THE CONGO.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Secretary of State, shall, consistent with the recommendation from 
the United Nations Group of Experts on the Democratic Republic of the 
Congo in their December 2008 report, work with other member states of 
the United Nations and local and international nongovernmental 
organizations--
            (1) to produce a map of mineral-rich zones and areas under 
        the control of armed groups in the Democratic Republic of the 
        Congo; and
            (2) to make such map available to the public.
The map required under this subsection shall be known as the ``Congo 
Conflict Minerals Map''. Mines located in areas under the control of 
armed groups in the Democratic Republic of the Congo, as depicted on 
the Congo Conflict Minerals Map, shall be known as ``conflict zone 
mines''.
    (b) Updates.--The Secretary of Defense, in consultation with the 
Secretary of State, shall update the map required by subsection (a) not 
less frequently than once every 180 days until the Secretary of Defense 
certifies that no armed party to any ongoing armed conflict in the 
Democratic Republic of the Congo or any other country is involved in 
the mining, sale, or export of columbite-tantalite, cassiterite, 
wolframite, or gold, or the control thereof, or derives benefits from 
such activities.

SEC. 1241. SENSE OF CONGRESS RELATING TO THE STATE OF ISRAEL.

    It is the sense of Congress that--
            (1) the State of Israel is one of the strongest allies of 
        the United States;
            (2) Israel and the United States face many common enemies; 
        and
            (3) the United States should continue to work with Israeli 
        Prime Minister Netanyahu, the Israeli Government, and the 
        people of Israel to ensure that Israel continues to receive 
        critical military assistance, including missile defense 
        capabilities, needed to address existential threats.

                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.

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

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

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $434,093,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2010 in 
section 301(20) for Cooperative Threat Reduction programs, the 
following amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $66,385,000.
            (2) For strategic nuclear arms elimination in Ukraine, 
        $6,800,000.
            (3) For nuclear weapons storage security in Russia, 
        $15,090,000.
            (4) For nuclear weapons transportation security in Russia, 
        $46,400,000.
            (5) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $90,886,000.
            (6) For biological threat reduction in the former Soviet 
        Union, $152,132,000.
            (7) For chemical weapons destruction, $1,000,000.
            (8) For defense and military contacts, $5,000,000.
            (9) For new Cooperative Threat Reduction initiatives, 
        $29,000,000.
            (10) For activities designated as Other Assessments/
        Administrative Costs, $21,400,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2010 Cooperative Threat Reduction funds may 
be obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (10) of subsection (a) until 30 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the 
amount of funds to be obligated or expended. Nothing in the preceding 
sentence shall be construed as authorizing the obligation or 
expenditure of fiscal year 2010 Cooperative Threat Reduction funds for 
a purpose for which the obligation or expenditure of such funds is 
specifically prohibited under this title or any other provision of law.
    (c) Limited Authority to Vary Individual Amounts.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which the Secretary of Defense determines that it is necessary 
        to do so in the national interest, the Secretary may obligate 
        amounts appropriated for fiscal year 2010 for a purpose listed 
        in paragraphs (1) through (10) of subsection (a) in excess of 
        the specific amount authorized for that purpose.
            (2) Notice-and-wait required.--An obligation of funds for a 
        purpose stated in paragraphs (1) through (10) of subsection (a) 
        in excess of the specific amount authorized for such purpose 
        may be made using the authority provided in paragraph (1) only 
        after--
                    (A) the Secretary submits to Congress notification 
                of the intent to do so together with a complete 
                discussion of the justification for doing so; and
                    (B) 15 days have elapsed following the date of the 
                notification.

SEC. 1303. UTILIZATION OF CONTRIBUTIONS TO THE COOPERATIVE THREAT 
              REDUCTION PROGRAM.

    (a) In General.--The Secretary of Defense, in consultation with the 
Secretary of State, may enter into one or more agreements with any 
person (including a foreign government, international organization, 
multinational entity, non-governmental organization, or individual) 
that the Secretary of Defense considers appropriate, under which the 
person contributes funds for activities conducted under the Cooperative 
Threat Reduction Program of the Department of Defense.
    (b) Retention and Use of Amounts.--Subject to the availability of 
appropriations, the Secretary of Defense may retain and use amounts 
contributed under an agreement under subsection (a) for purposes of the 
Cooperative Threat Reduction Program of the Department of Defense. 
Amounts so contributed shall be retained in a separate fund established 
in the Treasury for such purposes, subject to the availability of 
appropriations, consistent with an agreement under subsection (a).
    (c) Return of Amounts Not Used Within Five Years.--If an amount 
contributed under an agreement under subsection (a) is not used under 
this section within five years after it was contributed, the Secretary 
of Defense shall return that amount to the person who contributed it.
    (d) Quarterly Reports.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of Defense shall submit to the appropriate 
        congressional committees a report on the receipt and use of 
        amounts under this section during the period covered by the 
        report. Each report shall set forth--
                    (A) a statement of any amounts received under this 
                section, including, for each such amount, the value of 
                the contribution and the person who contributed it;
                    (B) a statement of any amounts used under this 
                section, including, for each such amount, the purposes 
                for which the amount was used; and
                    (C) a statement of the amounts retained but not 
                used under this section including, for each such 
                amount, the purposes (if known) for which the Secretary 
                intends to use the amount.
            (2) Implementation plan.--In addition to the statements 
        described in subparagraphs (A) through (C) of paragraph (1), 
        the first report submitted under such paragraph shall include 
        an implementation plan for the authority provided under this 
        section.
    (e) Expiration.--The authority to accept contributions under this 
section shall expire on December 31, 2012. The authority to retain and 
use contributions under this section shall expire on December 31, 2015.
    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.

SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF METRICS FOR THE 
              COOPERATIVE THREAT REDUCTION PROGRAM.

    (a) Study Required.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall enter into an 
arrangement with the National Academy of Sciences under which the 
Academy shall carry out a study to identify metrics to measure the 
impact and effectiveness of activities under the Cooperative Threat 
Reduction Program of the Department of Defense to address threats 
arising from the proliferation of chemical, nuclear, and biological 
weapons and weapons-related materials, technologies, and expertise.
    (b) Submission of National Academy of Sciences Report.--The 
National Academy of Sciences shall submit to Congress and the Secretary 
of Defense a report on the results of the study carried out under 
subsection (a).
    (c) Secretary of Defense Report.--
            (1) In general.--Not later than 90 days after receipt of 
        the report required by subsection (b), the Secretary shall 
        submit to Congress a report on the study carried out under 
        subsection (a).
            (2) Matters to be included.--The report under paragraph (1) 
        shall include the following:
                    (A) A summary of the results of the study carried 
                out under subsection (a).
                    (B) An assessment by the Secretary of the study.
                    (C) A statement of the actions, if any, to be 
                undertaken by the Secretary to implement any 
                recommendations in the study.
            (3) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (d) Funding.--Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(20) or otherwise made 
available for Cooperative Threat Reduction Programs for fiscal year 
2010, not more than $1,000,000 may be obligated or expended to carry 
out this section.

SEC. 1305. COOPERATIVE THREAT REDUCTION PROGRAM AUTHORITY FOR URGENT 
              THREAT REDUCTION ACTIVITIES.

    (a) In General.--Subject to the notification requirement under 
subsection (b), not more than 10 percent of the total amounts 
appropriated or otherwise made available in any fiscal year for the 
Cooperative Threat Reduction Program of the Department of Defense may 
be expended, notwithstanding any provision of law identified pursuant 
to subsection (b)(2)(B), for activities described under subsection 
(b)(1)(A).
    (b) Determination and Notice.--
            (1) Determination.--The Secretary of Defense, in 
        consultation with the Secretary of State, may make a written 
        determination that--
                    (A) certain activities of the Cooperative Threat 
                Reduction Program of the Department of Defense are 
                urgently needed to address threats arising from the 
                proliferation of chemical, nuclear, and biological 
                weapons or weapons-related materials, technologies, and 
                expertise;
                    (B) certain provisions of law would unnecessarily 
                impede the Secretary's ability to carry out such 
                activities; and
                    (C) it is necessary to expend amounts described in 
                subsection (a) to carry out such activities.
            (2) Notice required.--Not later than 15 days before 
        expending funds under the authority provided in subsection (a), 
        the Secretary of Defense shall notify the appropriate 
        congressional committees of the determination made under 
        paragraph (1). The notice shall include--
                    (A) the determination;
                    (B) an identification of each provision of law the 
                Secretary determines would unnecessarily impede the 
                Secretary's ability to carry out the activities 
                described under paragraph (1)(A);
                    (C) the activities of the Cooperative Threat 
                Reduction Program to be undertaken pursuant to the 
                determination;
                    (D) the expected time frame for such activities; 
                and
                    (E) the expected costs of such activities.
    (c) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        Senate.

SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILITARY CONTACTS 
              PROGRAM.

    The Secretary of Defense shall ensure the following:
            (1) The Defense and Military Contacts Program under the 
        Cooperative Threat Reduction Program of the Department of 
        Defense--
                    (A) is strategically used to advance the mission of 
                the Cooperative Threat Reduction Program;
                    (B) is focused and expanded to support specific 
                relationship-building opportunities, which could lead 
                to Cooperative Threat Reduction Program development in 
                new geographic areas and achieve other Cooperative 
                Threat Reduction Program benefits;
                    (C) is directly administered as part of the 
                Cooperative Threat Reduction Program; and
                    (D) includes, within an overall strategic 
                framework, cooperation and coordination with--
                            (i) the unified combatant commands that 
                        operate in areas in which Cooperative Threat 
                        Reduction activities are carried out; and
                            (ii) related diplomatic efforts.
            (2) Beginning with fiscal year 2010, the strategy and 
        activities of the Defense and Military Contacts Program, in 
        accordance with this section, are included in the Cooperative 
        Threat Reduction Annual Report to Congress for each fiscal 
        year, as required by section 1308 of the Floyd D. Spence 
        National Defense Authorization Act for fiscal year 2001 (as 
        enacted into law by Public Law 106-398; 114 Stat. 1654A-341; 22 
        U.S.C. 5959 note).

                    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.
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.

                     Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

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

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for the fiscal year 
2010 for the National Defense Sealift Fund in the amount of 
$1,702,758,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for the Defense Health Program, in the amount of $26,963,187,000, 
of which--
            (1) $26,292,463,000 is for Operation and Maintenance;
            (2) $493,192,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $177,532,000 is for Procurement.

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

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

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

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, 
in the amount of $1,050,984,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for the Office of the Inspector General of the Department of 
Defense, in the amount of $279,224,000, of which--
            (1) $278,224,000 is for Operation and Maintenance; and
            (2) $1,000,000 is for Procurement.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2010, the 
National Defense Stockpile Manager may obligate up to $41,179,000 of 
the funds in the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized 
uses of such funds under subsection (b)(2) of such section, including 
the disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date on which Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF COBALT FROM 
              NATIONAL DEFENSE STOCKPILE.

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

SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIGURATION OF THE NATIONAL 
              DEFENSE STOCKPILE.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on any actions the Secretary plans to take in response to the 
recommendations in the April 2009 report entitled ``Reconfiguration of 
the National Defense Stockpile Report to Congress'' submitted by the 
Under Secretary of Defense for Acquisition, Logistics, and Technology, 
as required by House Report 109-89, House Report 109-452, and Senate 
Report 110-115.
    (b) Congressional Notification.--The Secretary may not take any 
action regarding the implementation of any initiative recommended in 
the report required under subsection (a) until 45 days after the 
Secretary submits to the congressional defense committees such report.

                Subtitle C--Armed Forces Retirement Home

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

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

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

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. 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.

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize appropriations for the 
Department of Defense for fiscal year 2010 to provide additional funds 
for overseas contingency operations being carried out by the Armed 
Forces.

SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement accounts of the Army in amounts as follows:
            (1) For aircraft procurement, $1,976,474,000.
            (2) For ammunition procurement, $370,635,000.
            (3) For weapons and tracked combat vehicles procurement, 
        $874,466,000.
            (4) For missile procurement, $531,570,000.
            (5) For other procurement, $6,021,786,000.

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for the Joint Improvised 
Explosive Device Defeat Fund in the amount of $1,435,000,000.
    (b) Use and Transfer of Funds.--Subsections (b) and (c) of section 
1514 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by section 
1503 of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417; 122 Stat. 4649), shall apply to the 
funds appropriated pursuant to the authorization of appropriations in 
subsection (a) and made available to the Department of Defense for the 
Joint Improvised Explosive Device Defeat Fund.
    (c) Monthly Obligations and Expenditure Reports.--Not later than 15 
days after the end of each month of fiscal year 2010, the Secretary of 
Defense shall provide to the congressional defense committees a report 
on the Joint Improvised Explosive Device Defeat Fund explaining monthly 
commitments, obligations, and expenditures by line of action.

SEC. 1504. LIMITATION ON OBLIGATION OF FUNDS FOR JOINT IMPROVISED 
              EXPLOSIVE DEVICE DEFEAT ORGANIZATION PENDING REPORT TO 
              CONGRESS.

    (a) Limitation.--Of the amounts remaining unobligated as of the 
date of the enactment of this Act from amounts described in subsection 
(b) for the Joint Improvised Explosive Device Defeat Organization (in 
this section referred to as ``JIEDDO''), not more than 50 percent of 
such remaining amounts may be obligated until JIEDDO submits to the 
congressional defense committees a report containing the following 
information regarding projects funded for fiscal years 2008, 2009, and 
2010:
            (1) A description of the purpose, funding, and schedule of 
        the project.
            (2) A description of related projects.
            (3) An acquisition strategy.
    (b) Covered Authorization of Appropriations.--The limitation 
contained in subsection (a) applies with respect to amounts made 
available pursuant to the authorization of appropriations--
            (1) in section 1503 of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
        Stat. 4649); and
            (2) in section 1503(a) of this Act.
    (c) Waiver.--The Secretary of Defense may waive the limitation in 
subsection (a) if the Secretary determines that the waiver is necessary 
to fulfill a critical need by United States military forces deployed in 
overseas contingency operations. The Secretary shall notify the 
congressional defense committees of any waiver granted under this 
subsection and the reasons for the waiver.

SEC. 1505. NAVY AND MARINE CORPS PROCUREMENT.

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

SEC. 1506. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement accounts of the Air Force in amounts as follows:
            (1) For aircraft procurement, $1,151,776,000.
            (2) For ammunition procurement, $256,819,000.
            (3) For missile procurement, $36,625,000.
            (4) For other procurement, $2,321,549,000.

SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the procurement account for Defense-wide in the amount of 
$799,830,000.

SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of 
$5,456,000,000.

SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $57,962,000.
            (2) For the Navy, $107,180,000.
            (3) For the Air Force, $29,286,000.
            (4) For Defense-wide activities, $215,826,000.

SEC. 1510. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $51,970,661,000.
            (2) For the Navy, $6,219,583,000.
            (3) For the Marine Corps, $3,701,600,000.
            (4) For the Air Force, $10,152,068,000.
            (5) For Defense-wide activities, $7,578,300,000.
            (6) For the Army Reserve, $204,326,000.
            (7) For the Navy Reserve, $68,059,000
            (8) For the Marine Corps Reserve, $86,667,000.
            (9) For the Air Force Reserve, $125,925,000.
            (10) For the Army National Guard, $321,646,000.
            (11) For the Air National Guard, $289,862,000.

SEC. 1511. WORKING CAPITAL FUNDS.

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

SEC. 1512. MILITARY PERSONNEL.

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

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for the Afghanistan Security 
Forces Fund in the amount of $7,462,769,000.
    (b) Limitation.--Funds appropriated pursuant to the authorization 
of appropriations in subsection (a) or in any other Act and made 
available to the Department of Defense for the Afghanistan Security 
Forces Fund shall be subject to the conditions contained in subsections 
(b) through (g) of section 1513 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428).

SEC. 1514. IRAQ FREEDOM FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for the Iraq Freedom Fund in 
the amount of $115,300,000.
    (b) Transfer.--
            (1) Transfer authorized.--Subject to paragraph (2), amounts 
        authorized to be appropriated by subsection (a) may be 
        transferred from the Iraq Freedom Fund to any accounts as 
        follows:
                    (A) Operation and maintenance accounts of the Armed 
                Forces.
                    (B) Military personnel accounts.
                    (C) Research, development, test, and evaluation 
                accounts of the Department of Defense.
                    (D) Procurement accounts of the Department of 
                Defense.
                    (E) Accounts providing funding for classified 
                programs.
                    (F) The operating expenses account of the Coast 
                Guard.
            (2) Notice to congress.--A transfer may not be made under 
        the authority in paragraph (1) until five days after the date 
        on which the Secretary of Defense notifies the congressional 
        defense committees in writing of the transfer.
            (3) Treatment of transferred funds.--Amounts transferred to 
        an account under the authority in paragraph (1) shall be merged 
        with amounts in such account and shall be made available for 
        the same purposes, and subject to the same conditions and 
        limitations, as amounts in such account.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.

SEC. 1515. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

    (a) Defense Health Program.--Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 2010 for 
expenses, not otherwise provided for, for the Defense Health Program in 
the amount of $1,155,235,000 for operation and maintenance.
    (b) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2010 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the 
amount of $324,603,000.
    (c) Defense Inspector General.--Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 2010 for 
expenses, not otherwise provided for, for the Office of the Inspector 
General of the Department of Defense in the amount of $8,876,000 for 
operation and maintenance.

SEC. 1516. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

    Funds made available to the Department of Defense for the Iraq 
Security Forces Fund for fiscal year 2010 shall be subject to the 
conditions contained in subsections (b) through (g) of section 1512 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 426).

SEC. 1517. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES FUNDS 
              FOR CERTAIN FACILITIES PROJECTS IN IRAQ.

    Section 1508(a) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4651) shall 
apply to funds authorized to be appropriated by this title.

SEC. 1518. SPECIAL TRANSFER AUTHORITY.

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

SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

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

          TITLE XVI--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Guam World War II Loyalty 
Recognition Act''.

SEC. 1602. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF 
              GUAM.

    (a) Recognition of the Suffering of the Residents of Guam.--The 
United States recognizes that, as described by the Guam War Claims 
Review Commission, the residents of Guam, on account of their United 
States nationality, suffered unspeakable harm as a result of the 
occupation of Guam by Imperial Japanese military forces during World 
War II, by being subjected to death, rape, severe personal injury, 
personal injury, forced labor, forced march, or internment.
    (b) Recognition of the Loyalty of the Residents of Guam.--The 
United States forever will be grateful to the residents of Guam for 
their steadfast loyalty to the United States of America, as 
demonstrated by the countless acts of courage they performed despite 
the threat of death or great bodily harm they faced at the hands of the 
Imperial Japanese military forces that occupied Guam during World War 
II.

SEC. 1603. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

    (a) Payments for Death, Personal Injury, Forced Labor, Forced 
March, and Internment.--Subject to the availability of appropriations 
authorized to be appropriated under section 1606(a), after receipt of 
certification pursuant to section 1604(b)(8) and in accordance with the 
provisions of this title, the Secretary of the Treasury shall make 
payments as follows:
            (1) Residents injured.--The Secretary shall pay compensable 
        Guam victims who are not deceased before any payments are made 
        to individuals described in paragraphs (2) and (3) as follows:
                    (A) If the victim has suffered an injury described 
                in subsection (c)(2)(A), $15,000.
                    (B) If the victim is not described in subparagraph 
                (A) but has suffered an injury described in subsection 
                (c)(2)(B), $12,000.
                    (C) If the victim is not described in subparagraph 
                (A) or (B) but has suffered an injury described in 
                subsection (c)(2)(C), $10,000.
            (2) Survivors of residents who died in war.--In the case of 
        a compensable Guam decedent, the Secretary shall pay $25,000 
        for distribution to eligible survivors of the decedent as 
        specified in subsection (b). The Secretary shall make payments 
        under this paragraph after payments are made under paragraph 
        (1) and before payments are made under paragraph (3).
            (3) Survivors of deceased injured residents.--In the case 
        of a compensable Guam victim who is deceased, the Secretary 
        shall pay $7,000 for distribution to eligible survivors of the 
        victim as specified in subsection (b). The Secretary shall make 
        payments under this paragraph after payments are made under 
        paragraphs (1) and (2).
    (b) Distribution of Survivor Payments.--Payments under paragraph 
(2) or (3) of subsection (a) to eligible survivors of an individual who 
is a compensable Guam decedent or a compensable Guam victim who is 
deceased shall be made as follows:
            (1) If there is living a spouse of the individual, but no 
        child of the individual, all of the payment shall be made to 
        such spouse.
            (2) If there is living a spouse of the individual and one 
        or more children of the individual, one-half of the payment 
        shall be made to the spouse and the other half to the child (or 
        to the children in equal shares).
            (3) If there is no living spouse of the individual, but 
        there are one or more children of the individual alive, all of 
        the payment shall be made to such child (or to such children in 
        equal shares).
            (4) If there is no living spouse or child of the individual 
        but there is a living parent (or parents) of the individual, 
        all of the payment shall be made to the parents (or to the 
        parents in equal shares).
            (5) If there is no such living spouse, child, or parent, no 
        payment shall be made.
    (c) Definitions.--For purposes of this title:
            (1) Compensable guam decedent.--The term ``compensable Guam 
        decedent'' means an individual determined under section 
        1604(a)(1) to have been a resident of Guam who died or was 
        killed as a result of the attack and occupation of Guam by 
        Imperial Japanese military forces during World War II, or 
        incident to the liberation of Guam by United States military 
        forces, and whose death would have been compensable under the 
        Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a 
        timely claim had been filed under the terms of such Act.
            (2) Compensable guam victim.--The term ``compensable Guam 
        victim'' means an individual determined under section 
        1604(a)(1) to have suffered, as a result of the attack and 
        occupation of Guam by Imperial Japanese military forces during 
        World War II, or incident to the liberation of Guam by United 
        States military forces, any of the following:
                    (A) Rape or severe personal injury (such as loss of 
                a limb, dismemberment, or paralysis).
                    (B) Forced labor or a personal injury not under 
                subparagraph (A) (such as disfigurement, scarring, or 
                burns).
                    (C) Forced march, internment, or hiding to evade 
                internment.
            (3) Definitions of severe personal injuries and personal 
        injuries.--The Foreign Claims Settlement Commission shall 
        promulgate regulations to specify injuries that constitute a 
        severe personal injury or a personal injury for purposes of 
        subparagraphs (A) and (B), respectively, of paragraph (2).

SEC. 1604. ADJUDICATION.

    (a) Authority of Foreign Claims Settlement Commission.--
            (1) In general.--The Foreign Claims Settlement Commission 
        is authorized to adjudicate claims and determine eligibility 
        for payments under section 1603.
            (2) Rules and regulations.--The chairman of the Foreign 
        Claims Settlement Commission shall prescribe such rules and 
        regulations as may be necessary to enable it to carry out its 
        functions under this title. Such rules and regulations shall be 
        published in the Federal Register.
    (b) Claims Submitted for Payments.--
            (1) Submittal of claim.--For purposes of subsection (a)(1) 
        and subject to paragraph (2), the Foreign Claims Settlement 
        Commission may not determine an individual is eligible for a 
        payment under section 1603 unless the individual submits to the 
        Commission a claim in such manner and form and containing such 
        information as the Commission specifies.
            (2) Filing period for claims and notice.--All claims for a 
        payment under section 1603 shall be filed within 1 year after 
        the Foreign Claims Settlement Commission publishes public 
        notice of the filing period in the Federal Register. The 
        Foreign Claims Settlement Commission shall provide for the 
        notice required under the previous sentence not later than 180 
        days after the date of the enactment of this title. In 
        addition, the Commission shall cause to be publicized the 
        public notice of the deadline for filing claims in newspaper, 
        radio, and television media on Guam.
            (3) Adjudicatory decisions.--The decision of the Foreign 
        Claims Settlement Commission on each claim shall be by majority 
        vote, shall be in writing, and shall state the reasons for the 
        approval or denial of the claim. If approved, the decision 
        shall also state the amount of the payment awarded and the 
        distribution, if any, to be made of the payment.
            (4) Deductions in payment.--The Foreign Claims Settlement 
        Commission shall deduct, from potential payments, amounts 
        previously paid under the Guam Meritorious Claims Act of 1945 
        (Public Law 79-224).
            (5) Interest.--No interest shall be paid on payments 
        awarded by the Foreign Claims Settlement Commission.
            (6) Remuneration prohibited.--No remuneration on account of 
        representational services rendered on behalf of any claimant in 
        connection with any claim filed with the Foreign Claims 
        Settlement Commission under this title shall exceed one percent 
        of the total amount paid pursuant to any payment certified 
        under the provisions of this title on account of such claim. 
        Any agreement to the contrary shall be unlawful and void. 
        Whoever demands or receives, on account of services so 
        rendered, any remuneration in excess of the maximum permitted 
        by this section shall be fined not more than $5,000 or 
        imprisoned not more than 12 months, or both.
            (7) Appeals and finality.--Objections and appeals of 
        decisions of the Foreign Claims Settlement Commission shall be 
        to the Commission, and upon rehearing, the decision in each 
        claim shall be final, and not subject to further review by any 
        court or agency.
            (8) Certifications for payment.--After a decision approving 
        a claim becomes final, the chairman of the Foreign Claims 
        Settlement Commission shall certify it to the Secretary of the 
        Treasury for authorization of a payment under section 1603.
            (9) Treatment of affidavits.--For purposes of section 1603 
        and subject to paragraph (2), the Foreign Claims Settlement 
        Commission shall treat a claim that is accompanied by an 
        affidavit of an individual that attests to all of the material 
        facts required for establishing eligibility of such individual 
        for payment under such section as establishing a prima facie 
        case of the individual's eligibility for such payment without 
        the need for further documentation, except as the Commission 
        may otherwise require. Such material facts shall include, with 
        respect to a claim under paragraph (2) or (3) of section 
        1603(a), a detailed description of the injury or other 
        circumstance supporting the claim involved, including the level 
        of payment sought.
            (10) Release of related claims.--Acceptance of payment 
        under section 1603 by an individual for a claim related to a 
        compensable Guam decedent or a compensable Guam victim shall be 
        in full satisfaction of all claims related to such decedent or 
        victim, respectively, arising under the Guam Meritorious Claims 
        Act of 1945 (Public Law 79-224), the implementing regulations 
        issued by the United States Navy pursuant thereto, or this 
        title.
            (11) Penalty for false claims.--The provisions of section 
        1001 of title 18 of the United States Code (relating to 
        criminal penalties for false statements) apply to claims 
        submitted under this subsection.

SEC. 1605. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING 
              WORLD WAR II.

    (a) Establishment.--Subject to section 1606(b) and in accordance 
with this section, the Secretary of the Interior shall establish a 
grants program under which the Secretary shall award grants for 
research, educational, and media activities that memorialize the events 
surrounding the occupation of Guam during World War II, honor the 
loyalty of the people of Guam during such occupation, or both, for 
purposes of appropriately illuminating and interpreting the causes and 
circumstances of such occupation and other similar occupations during a 
war.
    (b) Eligibility.--The Secretary of the Interior may not award to a 
person a grant under subsection (a) unless such person submits an 
application to the Secretary for such grant, in such time, manner, and 
form and containing such information as the Secretary specifies.

SEC. 1606. AUTHORIZATION OF APPROPRIATIONS.

    (a) Guam World War II Claims Payments and Adjudication.--For 
purposes of carrying out sections 1603 and 1604, there are authorized 
to be appropriated $126,000,000, to remain available for obligation 
until September 30, 2013, to the Foreign Claims Settlement Commission. 
Not more than 5 percent of funds made available under this subsection 
shall be used for administrative costs.
    (b) Guam World War II Grants Program.--For purposes of carrying out 
section 1605, there are authorized to be appropriated $5,000,000, to 
remain available for obligation until September 30, 2013.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2010''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
              SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVII and title XXIX for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire on the 
later of--
            (1) October 1, 2012; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2013.
    (b) Exception.--Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2012; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2013 for military construction projects, land 
        acquisition, family housing projects and facilities, and 
        contributions to the North Atlantic Treaty Organization 
        Security Investment Program.

SEC. 2003. EFFECTIVE DATE.

    Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall 
take effect on the later of--
            (1) October 1, 2009; or
            (2) the date of the enactment of this Act.

                            TITLE XXI--ARMY

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

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                    State                                  Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
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
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
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan...................................  Bagram Air Base................................      $87,100,000
Belgium.......................................  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
----------------------------------------------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                    Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Germany................................  Baumholder.................  38........................     $18,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2104(a)(5)(A), the 
Secretary of the Army may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $3,936,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $219,300,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2009, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Army in the total amount of $4,427,076,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $2,738,150,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $328,000,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $33,000,000.
            (4) For host nation support and architectural and 
        engineering services and construction design under section 2807 
        of title 10, United States Code, $187,872,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $273,236,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $523,418,000.
            (6) For the construction of increment 4 of a brigade 
        complex at Fort Lewis, Washington, authorized by section 
        2101(a) of the Military Construction Authorization Act for 
        Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
        2445), as amended by section 20814 of the Continuing 
        Appropriations Resolution, 2007 (division B of Public Law 109-
        289), as added by section 2 of the Revised Continuing 
        Resolution, 2007 (Public Law 110-5; 121 Stat 41) $102,000,000.
            (7) For the construction of increment 2 of the United 
        States Southern Command Headquarters at Miami Doral, Florida, 
        authorized by section 2101(a) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public 
        Law 110-181; 122 Stat. 504), $55,400,000.
            (8) For the construction of increment 3 of the brigade 
        complex operations support facility at Vicenza, Italy, 
        authorized by section 2101(b) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public 
        Law 110-181; 122 Stat. 505), $23,500,000.
            (9) For the construction of increment 3 of the brigade 
        complex barracks and community support facility at Vicenza, 
        Italy, authorized by section 2101(b) of the Military 
        Construction Authorization Act for Fiscal Year 2008 (division B 
        of Public Law 110-181; 122 Stat. 505), $22,500,000.
            (10) For the construction of increment 2 of a barracks and 
        dining complex at Fort Carson, Colorado, authorized by section 
        2101(a) of the Military Construction Authorization Act for 
        Fiscal Year 2009 (division B of Public Law 110-417 122 Stat. 
        4659), $60,000,000.
            (11) For the construction of increment 2 of a barracks and 
        dining complex at Fort Stewart, Georgia, authorized by section 
        2101(a) of the Military Construction Authorization Act for 
        Fiscal Year 2009 (division B of Public Law 110-417 122 Stat. 
        4659), $80,000,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2101 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a).
            (2) $95,000,000 (the balance of the amount authorized under 
        section 2101(a) for an aviation task force complex, Phase I at 
        Fort Wainwright, Alaska).

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2009 PROJECT.

    In the case of the authorization contained in the table in section 
2101(a) of the Military Construction Authorization Act of Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4659) for Fort Bragg, North 
Carolina, for construction of a chapel at the installation, the 
Secretary of the Army may construct up to a 22,600 square-feet (400 
person) chapel consistent with the Army's standard square footage for 
chapel construction guidelines.

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the 
table in subsection (b), as provided in section 2101 of that Act (119 
Stat. 3485) and extended by section 2107 of the Military Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4665), shall remain in effect until October 1, 2010, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2011, whichever is later:
    (b) Table.--The table referred to in subsection (a) is as follows:

                                 Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................  Pohakuloa................  Tactical Vehicle Wash              $9,207,000
                                                                    Facility.
                                                                   Battle Area Complex.........      $33,660,000
----------------------------------------------------------------------------------------------------------------

                            TITLE XXII--NAVY

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

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Arizona.......................................  Marine Corps Air Station, Yuma.................      $28,770,000
California....................................  Mountain Warfare Training Center Bridgeport....      $11,290,000
                                                Marine Corps Base, Camp Pendleton..............     $775,162,000
                                                Edwards Air Force Base.........................       $3,007,000
                                                Naval Station Monterey.........................      $10,240,000
                                                Marine Corps Base, Twentynine Palms............     $513,680,000
                                                Marine Corps Air Station, Miramar..............       $9,280,000
                                                Point Loma Annex...............................      $11,060,000
                                                Naval Station, San Diego.......................      $23,590,000
Connecticut...................................  Naval Submarine Base, New London...............       $6,570,000
Florida.......................................  Blount Island Command..........................       $3,760,000
                                                Eglin Air Force Base...........................      $26,287,000
                                                Naval Air Station, Jacksonville................       $5,917,000
                                                Naval Station, Mayport.........................      $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
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installation or location outside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Bahrain.......................................  Southwest Asia..................................     $41,526,000
Djibouti......................................  Camp Lemonier...................................     $41,845,000
Guam..........................................  Naval Base, Guam................................    $505,161,000
                                                Andersen Air Force Base.........................    $110,297,000
Spain.........................................  Naval Station, Rota.............................     $26,278,000
----------------------------------------------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(5)(A), 
the Secretary of the Navy may construct or acquire family housing units 
(including land acquisition and supporting facilities) at the 
installations or locations, in the number of units, and in the amount 
set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
               Location                Installation or Location                 Units                   Amount
----------------------------------------------------------------------------------------------------------------
Korea................................  Pusan...................  Welcome center/ warehouse            $4,376,000
Mariana Islands......................  Naval Activities, Guam..  30                                  $20,730,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2204(5)(A), the 
Secretary of the Navy may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $2,771,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(5)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $118,692,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Navy in the total amount of $4,220,719,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $2,792,210,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $483,845,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $17,483,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $179,652,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $146,569,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $368,540,000.
            (6) For the construction of increment 6 of a limited area 
        production and storage complex at Bangor, Washington, 
        authorized by section 2201(a) of the Military Construction 
        Authorization Act for Fiscal Year 2005 (division B of Public 
        Law 108-375; 118 Stat. 2106), $87,292,000.
            (7) For the construction of increment 2 of enclave fencing 
        at Naval Submarine Base, Bangor, Washington, authorized by 
        section 2201(a) of the Military Construction Authorization Act 
        for Fiscal Year 2006 (division B of Public Law 109-163; 119 
        Stat. 3490), as amended by section 2205 of this Act, 
        $67,419,000.
            (8) For the construction of increment 2 of a replacement 
        maintenance pier at Bremerton, Washington, authorized by 
        section 2201(a) of the Military Construction Authorization Act 
        for Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 510), $69,064,000.
            (9) For the construction of increment 3 of a submarine 
        drive-in magazine silencing facility at Naval Base Pearl 
        Harbor, Hawaii, authorized by section 2201(a) of the Military 
        Construction Authorization Act for Fiscal Year 2008 (division B 
        of Public Law 110-181; 122 Stat. 510), $8,645,000.

SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN 
              FISCAL YEAR 2006 PROJECT.

    (a) Modification.--The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3490) is amended in the item relating to 
Naval Submarine Base, Bangor, Washington, by striking ``$60,160,000'' 
and inserting ``$127,163,000''.
    (b) Conforming Amendment.--Section 2204(b) of that Act (119 Stat. 
3492) is amended by adding at the end the following new paragraph:
            ``(11) $67,003,000 (the balance of the amount authorized 
        under section 2201(a) for construction of a waterfront security 
        enclave at Naval Submarine Base, Bangor, Washington).''.
    (c) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), the authorization relating to 
enclave fencing/parking at Naval Submarine Base, Bangor, Washington 
(formerly referred to as a project at Naval Submarine Base, Bangor, 
Washington), as provided in section 2201 of that Act, shall remain in 
effect until October 1, 2012, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2013, 
whichever is later.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
                            projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2007 
                            projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2006 
                            projects.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Alaska.........................................  Clear Air Force Station.....................        $24,300,000
                                                 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
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
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(2), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:


                  Air Force: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Afghanistan..................  Bagram Air Base..........     $22,000,000
Colombia.....................  Palanquero Air Base......     $46,000,000
Germany......................  Ramstein Air Base........     $34,700,000
                               Spangdahlem Air Base.....     $23,500,000
Guam.........................  Andersen Air Force Base..     $61,702,000
Italy........................  Naval Air Station             $31,300,000
                                Sigonella.
Oman.........................  Al Musannah Air Base.....    $116,000,000
Qatar........................  Al Udeid Air Base........     $60,000,000
Turkey.......................  Incirlik Air Base........      $9,200,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2304(5)(A), the Secretary of the Air Force 
may carry out architectural and engineering services and construction 
design activities with respect to the construction or improvement of 
family housing units in an amount not to exceed $4,314,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(5)(A), the Secretary of the Air Force may improve existing 
military family housing units in an amount not to exceed $61,787,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Air Force in the total amount of $1,928,208,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $838,362,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $404,402,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $23,000,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $93,407,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $66,101,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $502,936,000.

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2463), authorizations set forth in the 
table in subsection (b), as provided in sections 2301 and 2302 of that 
Act, shall remain in effect until October 1, 2010, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2011, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
             State/Country               Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Delaware..............................  Dover Air Force Base.....  C-17 Aircrew Life Support...       $7,400,000
Idaho.................................  Mountain Home Air Force    Replace Family Housing (457      $107,800,000
                                         Base....................   units).....................
----------------------------------------------------------------------------------------------------------------

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the 
table in subsection (b), as provided in section 2302 of that Act (119 
Stat. 3495) and extended by section 2305 of the Military Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4684), shall remain in effect until October 1, 2010, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2011, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                     Installation or Location            Project                Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................  Eielson Air Force Base.....  Replace Family Housing         $37,650,000
                                                                       (92 units)..............
                                         Eielson Air Force Base       Purchase Build/Lease           $18,144,000
                                                                       Housing (300 units).....
North Dakota...........................  Grand Forks Air Force Base.  Replace Family Housing         $43,353,000
                                                                       (150 units).............
----------------------------------------------------------------------------------------------------------------

                      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.

               Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2402(a)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following tables:

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Georgia.......................................  Fort Benning....................................      $2,330,000
                                                Fort Stewart/Hunter Army Air Field..............     $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     $11,500,000
                                                 Guard).
Minnesota.....................................  Duluth International Airport (Air National           $15,000,000
                                                 Guard).
Oklahoma......................................  Altus Air Force Base............................      $2,700,000
Texas.........................................  Fort Hood.......................................      $3,000,000
Washington....................................  Fairchild Air Force Base........................      $7,500,000
----------------------------------------------------------------------------------------------------------------


                                             Missile Defense Agency
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------


                                           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
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(2), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following tables:

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Belgium.......................................  Brussels........................................     $38,124,000
Germany.......................................  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
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
----------------------------------------------------------------------------------------------------------------

SEC. 2402. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2009, for military 
construction, land acquisition, and military family housing functions 
of the Department of Defense (other than the military departments) in 
the total amount of $3,132,024,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $1,170,314,000.
            (2) For military construction projects outside the United 
        States authorized by section 2401(b), $857,678,000.
            (3) For unspecified minor military construction projects 
        under section 2805 of title 10, United States Code, 
        $33,025,000.
            (4) For contingency construction projects of the Secretary 
        of Defense under section 2804 of title 10, United States Code, 
        $10,000,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $121,442,000.
            (6) For energy conservation projects under chapter 173 of 
        title 10, United States Code, $90,000,000.
            (7) For support of military family housing, including 
        functions described in section 2833 of title 10, United States 
        Code, and credits to the Department of Defense Family Housing 
        Improvement Fund under section 2883 of title 10, United States 
        Code, and the Homeowners Assistance Fund established under 
        section 1013 of the Demonstration Cities and Metropolitan 
        Development Act of 1966 (42 U.S.C. 3374), $77,898,000.
            (8) For the construction of increment 4 of the Army Medical 
        Research Institute of Infectious Diseases Stage 1 at Fort 
        Detrick, Maryland, authorized by section 2401(a) of the 
        Military Construction Authorization Act of Fiscal Year 2007 
        (division B of Public Law 109-364; 120 Stat. 2457), 
        $28,000,000.
            (9) For the construction of increment 2 of replacement fuel 
        storage facilities at Point Loma Annex, California, authorized 
        by section 2401(a) of the Military Construction Authorization 
        Act of Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 521), as amended by section 2405 of this Act, 
        $92,300,000.
            (10) For the construction of increment 3 of a special 
        operations facility at Dam Neck, Virginia, authorized by 
        section 2401(a) of the Military Construction Authorization Act 
        of Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 521), $15,967,000.
            (11) For the construction of increment 2 of the United 
        States Army Medical Research Institute of Chemical Defense 
        replacement facility at Aberdeen Proving Ground, Maryland, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act of Fiscal Year 2009 (division B of Public Law 
        110-417 122 Stat. 4689), $111,400,000.
            (12) For the construction of fuel storage tanks and 
        pipeline replacement at Souda Bay, Greece, authorized by 
        section 2401(b) of the Military Construction Authorization Act 
        of Fiscal Year 2009 (division B of Public Law 110-417; 122 
        Stat. 4691), as amended by section 2406 of this Act, 
        $24,000,000.
            (13) For the construction of increment 2 of a National 
        Security Agency data center at Camp Williams, Utah, authorized 
        as a Military Construction, Defense-Wide project by the 
        Supplemental Appropriations Act, 2009, $500,000,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the total amount authorized to be 
appropriated under paragraphs (1) and (2) of subsection (a).
    (c) Availability of Funds for Energy Conservation Projects of 
Reserve Components.--Of the amount authorized to be appropriated by 
subsection (a)(6) for energy conservation projects under chapter 173 of 
title 10, United States Code, the Secretary of Defense shall reserve a 
portion of the amount for energy conservation projects for the reserve 
components in an amount that bears the same proportion to the total 
amount authorized to be appropriated as the total quantity of energy 
consumed by reserve facilities (as defined in section 18232(2) of such 
title) during fiscal year 2009 bears to the total quantity of energy 
consumed by all military installations (as defined in section 
2687(e)(1) of such title) during that fiscal year, as determined by the 
Secretary.

SEC. 2403. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2008 PROJECT.

    (a) Modification.--The table relating to the Defense Logistics 
Agency in section 2401 (a) of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
521) is amended in the item relating to Point Loma Annex, California, 
by striking ``$140,000,000'' in the amount column and inserting 
``$195,000,000''.
    (b) Conforming Amendment.--Section 2403(b)(2) of that Act (122 
Stat.524) is amended by striking ``$84,300,000'' and inserting 
``$139,300,000''.

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2009 PROJECT.

    (a) Modification.--The table relating to the Defense Logistics 
Agency in section 2401 (b) of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 
4691) is amended in the item relating to Souda Bay, Greece, by striking 
``$8,000,000'' in the amount column and inserting ``$32,000,000''.
    (b) Conforming Amendment.--Section 2403(b) of that Act (122 Stat. 
4692) is amended by adding at the end the following new paragraph:
            ``(5) $24,000,000 (the balance of the amount authorized for 
        the Defense Logistics Agency under section 2401(b) for fuel 
        storage tanks and pipeline replacement at Souda Bay, 
        Greece).''.

SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 
              PROJECT.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2463), authorizations set forth in the 
table in subsection (b), as provided in section 2402 of that Act, shall 
remain in effect until October 1, 2010, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 
2011, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                                    Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                             Location                       Units               Amount
----------------------------------------------------------------------------------------------------------------
Virginia..............................  Defense Supply Center,          Whole House Renovation..        $484,000
                                         Richmond.
----------------------------------------------------------------------------------------------------------------

          Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION 
              CONSTRUCTION, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction and land 
acquisition for chemical demilitarization in the total amount of 
$146,541,000 as follows:
            (1) For the construction of phase 11 of a chemical 
        munitions demilitarization facility at Pueblo Chemical 
        Activity, Colorado, authorized by section 2401(a) of the 
        Military Construction Authorization Act for Fiscal Year 1997 
        (division B of Public Law 104-201; 110 Stat. 2775), as amended 
        by section 2406 of the Military Construction Authorization Act 
        for Fiscal Year 2000 (division B of Public Law 106-65; 113 
        Stat. 839), section 2407 of the Military Construction 
        Authorization Act for Fiscal Year 2003 (division B of Public 
        Law 107-314; 116 Stat. 2698), and section 2413 of the Military 
        Construction Authorization Act for Fiscal Year 2009 (division B 
        of Public Law 110-417; 122 Stat. 4697), $92,500,000.
            (2) For the construction of phase 10 of a munitions 
        demilitarization facility at Blue Grass Army Depot, Kentucky, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act for Fiscal Year 2000 (division B of Public 
        Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
        Military Construction Authorization Act for Fiscal Year 2002 
        (division B of Public Law 107-107; 115 Stat. 1298), section 
        2405 of the Military Construction Authorization Act for Fiscal 
        Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), 
        and section 2414 of the Military Construction Authorization Act 
        for Fiscal Year 2009 (division B of Public Law 110-417; 122 
        Stat. 4697), $54,041,000.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2502 and the amount collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States Code, for the 
share of the United States of the cost of projects for the North 
Atlantic Treaty Organization Security Investment Program authorized by 
section 2501, in the amount of $276,314,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
                            acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
                            projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve 
                            construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
                            acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
                            acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2007 
                            projects.
Sec. 2608. Extension of authorizations of certain fiscal year 2006 
                            project.

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(1)(A), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the Army National Guard locations inside the 
United States, and in the amounts, set forth in the following table:


                                  Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Fort McClellan...................................    $3,000,000
Arizona........................................  Camp Navajo......................................    $3,000,000
California.....................................  Los Alamitos Joint Forces Training Base..........   $31,000,000
Georgia........................................  Fort Benning.....................................   $15,500,000
                                                 Hunter Army Air Field............................    $8,967,000
Idaho..........................................  Gowen Field......................................   $16,100,000
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
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(1)(B), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the Army National Guard locations outside the 
United States, and in the amounts, set forth in the following table:


                                 Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                           Location                         Amount
----------------------------------------------------------------------------------------------------------------
Guam...........................................  Barrigada........................................   $30,000,000
Virgin Islands.................................  St. Croix........................................   $20,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(2)(A), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the Army Reserve locations inside the United 
States, and in the amounts, set forth in the following table:


                                     Army Reserve: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                           Location                         Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Camp Pendleton.................................     $19,500,000
                                                 Los Angeles....................................     $29,000,000
Colorado                                         Colorado Springs...............................     $13,000,000
Connecticut....................................  Bridgeport.....................................     $18,500,000
Florida........................................  Panama City....................................      $7,300,000
                                                 West Palm Beach................................     $26,000,000
Georgia........................................  Atlanta........................................     $14,000,000
Illinois.......................................  Chicago........................................     $23,000,000
Minnesota......................................  Fort Snelling..................................     $12,000,000
New York.......................................  Rochester......................................     $13,600,000
Ohio...........................................  Cincinnati.....................................     $13,000,000
Pennsylvania...................................  Ashley.........................................      $9,800,000
                                                 Harrisburg.....................................      $7,600,000
                                                 Newton Square..................................     $20,000,000
                                                 Uniontown......................................     $11,800,000
Texas..........................................  Austin.........................................     $20,000,000
                                                 Bryan..........................................     $12,200,000
                                                 Fort Bliss.....................................      $9,500,000
                                                 Houston........................................     $24,000,000
                                                 Robstown.......................................     $10,200,000
                                                 San Antonio....................................     $20,000,000
Wisconsin......................................  Fort McCoy.....................................     $25,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(2)(B), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the Army Reserve location outside the United 
States, and in the amount, set forth in the following table:


                                     Army Reserve: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                          Location                         Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico....................................  Caguas.........................................     $12,400,000
----------------------------------------------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
              CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3), the Secretary of the Navy may 
acquire real property and carry out military construction projects for 
the Navy Reserve and Marine Corps Reserve locations, and in the 
amounts, set forth in the following table:


                                      Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................  Luke Air Force Base..............................   $10,986,000
California.....................................  Alameda..........................................    $5,960,000
Illinois.......................................  Joliet Army Ammunition Plant.....................    $7,957,000
South Carolina.................................  Goose Creek......................................    $4,240,000
Texas..........................................  San Antonio......................................    $2,210,000
                                                 Forth Worth Naval Air Station Joint Reserve Base.    $6,170,000
Virginia.......................................  Oceana Naval Air Station.........................   $30,400,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(4)(A), the Secretary of the Air Force 
may acquire real property and carry out military construction projects 
for the Air National Guard locations, and in the amounts, set forth in 
the following table:


                                               Air National Guard
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................  Davis-Monthan Air Force Base.....................    $5,600,000
California.....................................  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
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(4)(B), the Secretary of the Air Force 
may acquire real property and carry out military construction projects 
for the Air Force Reserve locations, and in the amounts, set forth in 
the following table:


                                                Air Force Reserve
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  March Air Reserve Base...........................    $9,800,000
Colorado.......................................  Schriever Air Force Base.........................   $10,200,000
Mississippi....................................  Keesler Air Force Base...........................    $9,800,000
New York.......................................  Niagara Falls Air Reserve Station................    $5,700,000
Texas..........................................  Lackland Air Force Base..........................    $1,500,000
Utah...........................................  Hill Air Force Base..............................    $3,200,000
----------------------------------------------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, under 
chapter 1803 of title 10, United States Code (including the cost of 
acquisition of land for those facilities), in the following amounts:
            (1) For the Department of the Army, for the Army National 
        Guard of the United States--
                    (A) for military construction projects inside the 
                United States authorized by section 2601(a), 
                $509,129,000; and
                    (B) for military construction projects outside the 
                United States authorized by section 2601(b), 
                $20,000,000.
            (2) For the Department of the Army, for the Army Reserve--
                    (A) for military construction projects inside the 
                United States authorized by section 2602(a), 
                $420,116,000; and
                    (B) for military construction projects outside the 
                United States authorized by section 2602(b), 
                $12,400,000.
            (3) For the Department of the Navy, for the Navy and Marine 
        Corps Reserve, $172,177,000.
            (4) For the Department of the Air Force--
                    (A) for the Air National Guard of the United 
                States, $226,126,000; and
                    (B) for the Air Force Reserve, $103,169,000.

SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2463), the authorizations set forth in 
the table in subsection (b), as provided in section 2601 of that Act, 
shall remain in effect until October 1, 2010, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2011, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                          Army National Guard: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Fresno....................  AVCRAD Add/Alt, PH I......     $30,000,000
New Jersey..............................  Lakehurst.................  Consolidated Logistics         $20,024,000
                                                                       Training Facility, PH II.
----------------------------------------------------------------------------------------------------------------

SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
              PROJECT.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), the authorization set forth in the 
table in subsection (b), as provided in section 2601 of that Act (119 
Stat. 3501) and extended by section 2608 of the Military Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4710), shall remain in effect until October 1, 2010, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2011, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:


                          Army National Guard: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Montana.................................  Townsend..................  Automated Qualification         $2,532,000
                                                                       Training Range.
----------------------------------------------------------------------------------------------------------------

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

                       Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
              REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF 
              DEFENSE BASE CLOSURE ACCOUNT 1990.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for base closure and realignment 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 1990 established by section 2906 of such Act, in the 
total amount of $536,768,000, as follows:
            (1) For the Department of the Army, $133,723,000.
            (2) For the Department of the Navy, $228,000,000.
            (3) For the Department of the Air Force, $172,364,000.
            (4) For the Defense Agencies, $2,681,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED 
              THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry out 
base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the 
Department of Defense Base Closure Account 2005 established by section 
2906A of such Act, in the amount of $5,934,740,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
              REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF 
              DEFENSE BASE CLOSURE ACCOUNT 2005.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for base closure and realignment 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 2005 established by section 2906A of such Act, in the 
total amount of $7,129,498,000, as follows:
            (1) For the Department of the Army, $4,081,037,000.
            (2) For the Department of the Navy, $591,572,000.
            (3) For the Department of the Air Force, $418,260,000.
            (4) For the Defense Agencies, $2,038,629,000.

        Subtitle B--Amendments to Base Closure and Related Laws

SEC. 2711. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO IMPLEMENT BASE 
              CLOSURE AND REALIGNMENT PROPERTY RECOMMENDATIONS.

    (a) Economic Redevelopment Conveyance Authority.--Subsection (b)(4) 
of section 2905 of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
amended--
            (1) in subparagraph (A), by striking ``job generation'' and 
        inserting ``economic redevelopment'';
            (2) by striking subparagraph (B) and inserting the 
        following new subparagraph:
    ``(B) Real or personal property at a military installation shall be 
conveyed, without consideration, under subparagraph (A) to the 
redevelopment authority with respect to the installation if the 
authority--
            ``(i) agrees that the proceeds from any sale or lease of 
        the property (or any portion thereof) received by the 
        redevelopment authority during at least the first seven years 
        after the date of the initial transfer of the property under 
        subparagraph (A) or the completion of the initial redevelopment 
        of the property, whichever is earlier, shall be used to support 
        the economic redevelopment of, or related to, the installation; 
        and
            ``(ii) executes the agreement for transfer of the property 
        and accepts control of the property within a reasonable time 
        after the requirements associated with subsection (c) are 
        satisfied.''; and
            (3) in subparagraph (C), by adding at the end the following 
        new clause:
            ``(xiii) Environmental restoration, waste management, and 
        environmental compliance activities provided pursuant to 
        subsection (e).''.
    (b) Recoupment Authority.--Subsection (b)(4)(D) of such section is 
amended--
            (1) by striking ``The Secretary'' and inserting ``At the 
        conclusion of the period specified in subparagraph (B) 
        applicable to an installation, the Secretary''; and
            (2) by striking ``for the period specified in subparagraph 
        (B)'' and inserting ``before the conclusion of such period''.
    (c) Regulations and Report Concerning Property Conveyances.--
            (1) Regulations.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        prescribe regulations to implement the amendments made by this 
        section to support the conveyance of surplus real and personal 
        property at closed or realigned military installations to local 
        redevelopment authorities for economic development purposes.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        Congress a report regarding the status of current and 
        anticipated economic development conveyances involving surplus 
        real and personal property at closed or realigned military 
        installations, projected job creation as a result of the 
        conveyances, community reinvestment, and progress made as a 
        result of the implementation of the amendments made by this 
        section.

                       Subtitle C--Other Matters

SEC. 2721. SENSE OF CONGRESS ON ENSURING JOINT BASING RECOMMENDATIONS 
              DO NOT ADVERSELY AFFECT OPERATIONAL READINESS.

    It is the sense of Congress that, in implementing the joint basing 
recommendations of the Defense Base Closure and Realignment Commission 
contained in the report of the Commission transmitted to Congress on 
September 15, 2005, under section 2903(e) of the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), the Secretary of Defense should ensure that 
the joint basing of military installations at any of the recommended 
locations does not adversely impact--
            (1) the ability of commanders, and the units of the Armed 
        Forces under their command, to perform their operational 
        missions;
            (2) the command and control of commanders at each military 
        installation that has an operational mission requirement; and
            (3) the readiness of the units of the Armed Forces under 
        their command.

SEC. 2722. MODIFICATION OF CLOSURE INSTRUCTIONS REGARDING PAUL DOBLE 
              ARMY RESERVE CENTER, PORTSMOUTH, NEW HAMPSHIRE.

    With respect to the closure of the Paul Doble Army Reserve Center 
in Portsmouth, New Hampshire, and relocation of units to a new reserve 
center and associated training and maintenance facilities, the new 
reserve center and associated training and maintenance facilities may 
be located adjacent to or in the vicinity of Pease Air National Guard 
Base.

SEC. 2723. SENSE OF CONGRESS REGARDING TRAFFIC MITIGATION IN VICINITY 
              OF NATIONAL NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, IN 
              RESPONSE TO INSTALLATION EXPANSION.

    Given the anticipated significant increases in local traffic in the 
vicinity of the National Naval Medical Center, Bethesda, Maryland, and 
the unusual impact that such traffic increases will have on the 
surrounding community due to the planned expansion of the installation, 
it is the sense of Congress that--
            (1) multiple methods are available to the Department of 
        Defense to implement the defense access roads program (section 
        210 of title 23, United States Code) to help alleviate traffic 
        congestion, including expansion of adjacent highways, 
        improvements to nearby intersections, on-base queuing options, 
        and multi-modal expansion, including expanded support of buses 
        and subways and other measures; and
            (2) all of the efforts to alleviate the significant traffic 
        impact need to be pursued to ensure readily available access to 
        health care at the installation.

         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

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.
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.

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

SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CONSTRUCTION AUTHORITIES.

    (a) Repeal of Limitations on Exercise-related Projects Overseas.--
Section 2805 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``(1) Except as provided in 
                paragraph (2), within'' and inserting ``Within'';
                    (B) by striking paragraph (2); and
                    (C) by striking ``An unspecified'' and inserting 
                the following:
    ``(2) An unspecified''; and
            (2) in subsection (c)--
                    (A) by striking ``Except as provided in paragraphs 
                (2) and (3)'' and inserting ``Except as provided in 
                paragraph (2)'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
    (b) Laboratory Revitalization.--
            (1) Revitalization authorized.--Subsection (d) of such 
        section is amended--
                    (A) in paragraph (1)(B), by inserting ``or from 
                funds authorized to be available under section 219(a) 
                of the Duncan Hunter National Defense Authorization Act 
                for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 
                2358 note)'' after ``authorized by law'';
                    (B) by striking paragraph (3); and
                    (C) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (3), (4), and (5), respectively.
            (2) Mechanisms to provide funds for revitalization.--
        Section 219(a)(1) of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 
        U.S.C. 2358 note) is amended by adding at the end the following 
        new subparagraph:
                    ``(D) To fund the revitalization and 
                recapitalization of the laboratory pursuant to section 
                2805(d) of title 10, United States Code.''.

SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY REPAIR PROJECTS 
              CARRIED OUT USING OPERATION AND MAINTENANCE FUNDS.

    Section 2811(d) of title 10, United States Code, is amended--
            (1) in paragraph (1), by striking ``and'' at the end; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraphs:
            ``(2) if the current estimate of the cost of the repair 
        project exceeds 50 percent of the estimated cost of a military 
        construction project to replace the facility, an explanation of 
        the reasons why replacement of the facility is not in the best 
        interest of the Government; and
            ``(3) a description of the elements of military 
        construction, including the elements specified in section 
        2802(b) of this title, incorporated into the repair project.''.

SEC. 2803. AUTHORIZED SCOPE OF WORK VARIATIONS FOR MILITARY 
              CONSTRUCTION PROJECTS AND MILITARY FAMILY HOUSING 
              PROJECTS.

    (a) Authorized Process to Increase Scope of Work.--Section 2853 of 
title 10, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``Except'' and inserting 
                ``Limitation on Scope of Work Variations.--(1) 
                Except''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Except as provided in subsection (c), the scope of work for a 
military construction project or for the construction, improvement, and 
acquisition of a military family housing project may not be increased 
beyond the amount approved for that project, construction, improvement, 
or acquisition by Congress.''; and
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``scope reduction in subsection (b) does not 
                apply if the variation in cost or reduction'' and 
                inserting ``scope of work variations in subsection (b) 
                does not apply if the variation in cost or the 
                variation''; and
                    (B) in paragraph (1), by striking ``reduction'' 
                both places it appears and inserting ``variation''.
    (b) Stylistic Amendments.--Such section is further amended--
            (1) in subsection (a), by inserting ``Limitation on Cost 
        Variations.--'' before ``Except'';
            (2) in subsection (c), by inserting ``Exception; Notice-
        and-wait Requirements.--'' after ``(c)''; and
            (3) in subsection (d), by inserting ``Additional Exception 
        to Limitation on Cost Variations.--'' after ``(d)''.

SEC. 2804. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF RESERVE 
              COMPONENT FACILITIES BE AUTHORIZED BY LAW.

    Section 18233(a)(1) of title 10, United States Code, is amended by 
striking ``as he determines to be necessary'' and inserting ``as are 
authorized by law''.

SEC. 2805. REPORT ON DEPARTMENT OF DEFENSE CONTRIBUTIONS TO STATES FOR 
              ACQUISITION, CONSTRUCTION, EXPANSION, REHABILITATION, OR 
              CONVERSION OF RESERVE COMPONENT FACILITIES.

    (a) Report Required.--Not later than March 1, 2010, the Secretary 
of Defense shall submit to the congressional defense committees a 
report specifying, for each of fiscal years 2005 through 2009, the 
total amount of contributions made by the Secretary to each State under 
the authority of paragraphs (2) through (6) of section 18233(a) of 
title 10, United States Code, for reserve component facilities. The 
amounts contributed under each of such paragraphs for each State shall 
be specified separately.
    (b) Definitions.--In this section, the terms ``State'' and 
``facility'' have the meanings given those terms in section 18232 of 
such title.

SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR 
              CONSTRUCTION PROJECTS INSIDE THE UNITED STATES CENTRAL 
              COMMAND AREA OF RESPONSIBILITY.

    (a) One-year Extension of Authority.--Section 2808 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B of 
Public Law 108-136; 117 Stat. 1723), as most recently amended by 
section 2806 of the Military Construction Authorization Act for Fiscal 
Year 2009 (division B of Public Law 110-417; 112 Stat. 4724), is 
amended--
            (1) in subsection (a), by striking ``During fiscal year 
        2004'' and all that follows through ``obligate'' and inserting 
        ``The Secretary of Defense may obligate''; and
            (2) by adding at the end the following new subsection:
    ``(h) Expiration of Authority.--The authority to obligate funds 
under this section expires on September 30, 2010.''.
    (b) Geographic Area of Authority.--Subsection (a) of such section 
is further amended by striking ``and United States Africa Command areas 
of responsibility'' and inserting ``area of responsibility''.
    (c) Annual Funding Limitation on Use of Authority; Exception.--
Subsection (c) of such section is amended by striking paragraph (2) and 
inserting the following new paragraph:
    ``(2) Notwithstanding paragraph (1), the Secretary of Defense may 
authorize the obligation under this section of not more than an 
additional $10,000,000 of appropriated funds available for operation 
and maintenance for a fiscal year if the Secretary determines that the 
additional funds are needed for costs associated with contract 
closeouts.''.
    (d) Clerical Amendment to Correct Reference to Congressional 
Committee.--Subsection (f) of such section is amended by striking 
``Subcommittees on Defense and Military Construction'' both places it 
appears and inserting ``Subcommittee on Defense and the Subcommittee on 
Military Construction, Veterans Affairs, and Related Agencies''.

SEC. 2807. EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE.

    (a) Expansion of Initiative.--Not later than September 30, 2011, 
the Secretary of the Army shall expand the First Sergeants Barracks 
Initiative (FSBI) to include all Army installations in order to improve 
the quality of life and living environments for single soldiers.
    (b) Progress Reports.--Not later than February 15, 2010, and 
February 15, 2011, the Secretary of the Army shall submit to the 
congressional defense committees a report describing the progress made 
in expanding the First Sergeants Barracks Initiative to all Army 
installations.

SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR MILITARY 
              UNACCOMPANIED HOUSING.

    (a) Secretary of Defense Report.--Not later than March 31, 2010, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
containing--
            (1) an evaluation of the process by which the Secretary 
        develops, implements, and oversees housing privatization 
        transactions involving military unaccompanied housing;
            (2) recommendations regarding additional opportunities for 
        members of the Armed Forces to utilize housing privatization 
        transactions involving military unaccompanied housing; and
            (3) an evaluation of the impact of a prohibition on 
        civilian occupancy of such housing on the ability to secure 
        private partners for such housing privatization transactions.
    (b) Comptroller General Report.--Not later than March 31, 2010, the 
Comptroller General shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report evaluating the 
feasibility and cost of privatizing military unaccompanied housing for 
all members of the Armed Forces.
    (c) Housing Privatization Transaction Defined.--In this section, 
the term ``housing privatization transaction'' means any contract or 
other transaction for the construction or acquisition of military 
unaccompanied housing entered into under the authority of subchapter IV 
of chapter 169 of title 10, United States Code.

        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.

    (a) Authorization Required.--Section 2661 of title 10, United 
States Code, is amended by inserting after subsection (b) the following 
new subsection:
    ``(c) Authorization of Certain Leases to the United States Required 
by Law.--If the estimated annual rental in connection with a proposed 
lease of real property to the United States is more than $750,000, the 
Secretary of a military department or, with respect to a Defense 
Agency, the Secretary of Defense may enter into the lease or utilize 
the General Services Administration to enter into the lease on the 
Secretary's behalf only if the lease is specifically authorized by 
law.''.
    (b) Repeal of Notice and Wait Requirements Regarding Such Leases.--
            (1) Repeal.--Section 2662 of such title is amended--
                    (A) in subsection (a)(1)--
                            (i) by striking subparagraph (B); and
                            (ii) by redesignating subparagraphs (C) 
                        through (G) as subparagraphs (B) through (F), 
                        respectively; and
                    (B) by striking subsection (e).
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) in subsection (a)(2)--
                            (i) by striking ``or (B)'';
                            (ii) by striking ``or leases to be made''; 
                        and
                            (iii) by striking ``subparagraph (E)'' and 
                        inserting ``subparagraph (D)''; and
                    (B) in subsection (g)--
                            (i) in paragraph (1), by striking ``, and 
                        the reporting requirement set forth in 
                        subsection (e) shall not apply with respect to 
                        a real property transaction otherwise covered 
                        by that subsection,''; and
                            (ii) in paragraph (3), by striking ``or 
                        (e), as the case may be''.

SEC. 2812. CONSOLIDATION OF NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO 
              LEASES OF REAL PROPERTY OWNED BY THE UNITED STATES.

    (a) Notice-and-wait Requirements.--Section 2662 of title 10, United 
States Code, as amended by section 2811(b), is further amended by 
inserting after subsection (d) the following new subsection:
    ``(e) Additional Reporting Requirements Regarding Leases of Real 
Property Owned by the United States.--(1) In the case of a proposed 
lease or license of real property owned by the United States covered by 
paragraph (1)(B) of subsection (a), the Secretary of a military 
department or the Secretary of Defense may not issue a contract 
solicitation or other lease offering with regard to the transaction 
unless the Secretary complies with the notice-and wait requirements of 
paragraph (3) of such subsection. The monthly report under such 
paragraph shall include the following with regard to the proposed 
transaction:
            ``(A) A description of the proposed transaction, including 
        the proposed duration of the lease or license.
            ``(B) A description of the authorities to be used in 
        entering into the transaction and the intended participation of 
        the United States in the lease or license, including a 
        justification of the intended method of participation.
            ``(C) A statement of the scored cost of the transaction, 
        determined using the scoring criteria of the Office of 
        Management and Budget.
            ``(D) A determination that the property involved in the 
        transaction is not excess property, as required by section 
        2667(a)(3) of this title, including the basis for the 
        determination.
            ``(E) A determination that the proposed transaction is 
        directly compatible with the mission of the military 
        installation or Defense Agency at which the property is located 
        and a description of the anticipated long-term use of the 
        property at the conclusion of the lease or license.
            ``(F) A description of the requirements or conditions 
        within the contract solicitation or other lease offering for 
        the offeror to address taxation issues, including payments-in-
        lieu-of taxes, and other development issues related to local 
        municipalities.
    ``(2) The Secretary of a military department or the Secretary of 
Defense may not enter into the actual lease or license with respect to 
property for which the information required by paragraph (1) was 
submitted in a monthly report under subsection (a)(3) unless the 
Secretary again complies with the notice-and wait requirements of such 
subsection. The subsequent monthly report shall include the following 
with regard to the proposed transaction:
            ``(A) A cross reference to the prior monthly report that 
        contained the information submitted under paragraph (1) with 
        respect to the transaction.
            ``(B) A description of the differences between the 
        information submitted under paragraph (1) and the information 
        regarding the transaction being submitted in the subsequent 
        report.
            ``(C) A description of the payment to be required in 
        connection with the lease or license, including a description 
        of any in-kind consideration that will be accepted.
            ``(D) A description of any community support facility or 
        provision of community support services under the lease or 
        license, regardless of whether the facility will be operated by 
        a covered entity (as defined in section 2667(d) of this title) 
        or the lessee or the services will be provided by a covered 
        entity or the lessee.
            ``(E) A description of the competitive procedures used to 
        select the lessee or, in the case of a lease involving the 
        public benefit exception authorized by section 2667(h)(2) of 
        this title, a description of the public benefit to be served by 
        the lease.
            ``(F) If the proposed lease or license involves a project 
        related to energy production, and the term of the lease or 
        license exceeds 20 years, a certification that the project is 
        consistent with the Department of Defense performance goals and 
        plan required by section 2911 of this title.''.
    (b) Exception for Leases Under Base Closure Process.--Subsection 
(a)(1)(B) of such section, as redesignated by section 2821(b), is 
amended by inserting after ``United States'' the following: ``(other 
than a lease or license entered into under section 2667(g) of this 
title)''.
    (c) Conforming Amendments to Lease of Non-excess Property 
Authority.--Section 2667 of such title is amended--
            (1) in subsection (c), by striking paragraph (4);
            (2) in subsection (d), by striking paragraph (6); and
            (3) in subsection (h)--
                    (A) by striking paragraphs (3) and (5); and
                    (B) by redesignating paragraph (4) as paragraph 
                (3).

SEC. 2813. CLARIFICATION OF AUTHORITY OF MILITARY DEPARTMENTS TO 
              ACQUIRE LOW-COST INTERESTS IN LAND AND INTERESTS IN LAND 
              WHEN NEED IS URGENT.

    Section 2664(a) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``No military''; and
            (2) by striking ``The foregoing limitation shall not apply 
        to the acceptance'' and inserting the following:
    ``(2) Paragraph (1) shall not apply to the following:
            ``(A) The acquisition of low-cost interests in land, as 
        authorized by section 2663(c) of this title.
            ``(B) The acquisition of interests in land when the need is 
        urgent, as authorized by section 2663(d) of this title.
            ``(C) The acceptance''.

SEC. 2814. MODIFICATION OF UTILITY SYSTEMS CONVEYANCE AUTHORITY.

    (a) Clarification of Required Determination That Conveyance Reduce 
Long-term Costs.--Paragraph (2)(A)(ii) of subsection (a) of section 
2688 of title 10, United States Code, is amended by striking ``system; 
and'' and inserting the following: ``system--
                            ``(I) by 10 percent of the long-term cost 
                        for provision of those utility services in the 
                        agency tender, for periods of performance 
                        specified in subsection (d)(1); or
                            ``(II) 20 percent of the long-term cost for 
                        provision of those utility services in the 
                        agency tender, for periods of performance 
                        specified in subsection (d)(2); and''.
    (b) Limitation on Repeated Use of Authority for Same Utility 
System.--Such subsection is further amended by adding at the end the 
following new paragraph:
    ``(3) If, as a result of the economic analysis required by 
paragraph (2)(A), the Secretary concerned determines that a utility 
system, or part of a utility system, is not eligible for conveyance 
under this subsection, the Secretary concerned may not reconsider the 
utility system, or part of a utility system, for conveyance under this 
subsection or for conversion to contractor operation under section 2461 
of this title for a period of five years beginning on the date of the 
determination. In addition, if the results of a public-private 
competition for conversion of a utility system, or part of a utility 
system, to operation by a contractor favors continued operation by 
civilian employees of the Department of Defense, the Secretary 
concerned may not reconsider the utility system, or part of a utility 
system, for conversion under such section or for conveyance under this 
subsection for a period of five years beginning on the date of the 
completion of the public-private competition.''.

SEC. 2815. DECONTAMINATION AND USE OF FORMER BOMBARDMENT AREA ON ISLAND 
              OF CULEBRA.

    Section 204 of the Military Construction Authorization Act, 1974 
(Public Law 93-166; 87 Stat. 668) is amended by striking subsection 
(c).

SEC. 2816. DISPOSAL OF EXCESS PROPERTY OF ARMED FORCES RETIREMENT HOME.

    Section 1511(e)(3) of the Armed Forces Retirement Home Act of 1991 
(24 U.S.C. 411(e)(3)) is amended--
            (1) by striking the first sentence and inserting the 
        following new sentence: ``If the Secretary of Defense 
        determines that any property of the Retirement Home is excess 
        to the needs of the Retirement Home, the Secretary shall 
        dispose of the property in accordance with subchapter III of 
        chapter 5 of title 40, United States Code (40 U.S.C. 541 et 
        seq.).''; and
            (2) by striking the last sentence.

SEC. 2817. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT CLEANUP EFFORTS AT 
              FORMER ALMADEN AIR FORCE STATION, CALIFORNIA.

    (a) Acceptance of Contributions; Purpose.--The Secretary of the Air 
Force may accept contributions from other Federal entities, the State 
of California, and other entities, both public and private, for the 
purposes of helping to cover the costs of--
            (1) demolition of property at former Almaden Air Force 
        Station, California; and
            (2) environmental remediation and restoration and other 
        efforts to further the ultimate end use of the property for 
        conservation and recreation purposes.
    (b) Availability.--Amounts received as contributions under 
subsection (a) may be merged with other amounts available to the 
Secretary to carry out the purposes described in such subsection and 
shall be available, in such amounts as may be provided in advance in 
appropriation Act, for such purposes.

SEC. 2818. LIMITATION ON ESTABLISHMENT OF NAVY OUTLYING LANDING FIELDS.

    (a) Limitation.--The Secretary of the Navy may not establish an 
outlying landing field at a proposed location to be used by naval 
aircraft if, within 90 days after the issuance of the final 
environmental assessment or environmental impact statement regarding 
the proposed location pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the Secretary 
determines that the governmental body of the political subdivision of a 
State containing the proposed location is formally opposed to the 
establishment of the outlying landing field.
    (b) Exception.--Subsection (a) shall not apply if Congress enacts a 
law authorizing the Secretary to proceed with the outlying landing 
field notwithstanding the local government action.

SEC. 2819. PROHIBITION ON OUTLYING LANDING FIELD AT SANDBANKS OR HALE'S 
              LAKE, NORTH CAROLINA, FOR OCEANA NAVAL AIR STATION.

    The Secretary of the Navy may not establish, consider the 
establishment of, or purchase land, construct facilities, implement 
bird management plans, or conduct any other activities that would 
facilitate the establishment of, an outlying landing field at either of 
the proposed sites in North Carolina, Sandbanks or Hale's Lake, to 
support field carrier landing practice for naval aircraft operating out 
of Oceana, Naval Air Station, Virginia.

SEC. 2820. SELECTION OF MILITARY INSTALLATIONS TO SERVE AS LOCATIONS OF 
              BRIGADE COMBAT TEAMS.

    In selecting the military installations at which brigade combat 
teams will be stationed, which previously included Fort Bliss, Texas, 
Fort Carson, Colorado, and Fort Stewart, Georgia, the Secretary of the 
Army shall take into consideration the availability and proximity of 
training spaces for the units and the capacity of the installations to 
support the units.

SEC. 2821. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL 
              COMMUNITIES FOR DEVELOPMENT OF PUBLIC INFRASTRUCTURE 
              DIRECTLY SUPPORTING EXPANSION OF MILITARY INSTALLATIONS.

    Paragraph (3) of section 2391(d) of title 10, United States Code, 
is amended to read as follows:
            ``(3) The terms `community adjustment' and `economic 
        diversification' may include--
                    ``(A) the development of feasibility studies and 
                business plans for market diversification within a 
                community adversely affected by an action described in 
                subparagraph (A), (B), (C), or (E) of subsection (b)(1) 
                by adversely affected businesses and labor 
                organizations located in the community; and
                    ``(B) the development of public infrastructure that 
                directly supports the expansion activities described in 
                subparagraph (A) of subsection (b)(1).''.

SEC. 2822. COMPTROLLER GENERAL REPORT ON NAVY SECURITY MEASURES FOR 
              LAURELWOOD HOUSING COMPLEX, NAVAL WEAPONS STATION, EARLE, 
              NEW JERSEY.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report containing 
a cost analysis and audit of the sufficiency of the Navy's security 
measures in advance of the proposed occupancy by the general public of 
units of the Laurelwood Housing complex on Naval Weapons Station, 
Earle. The report shall include an estimate of costs to be incurred by 
Federal, State, and local government agencies in the following areas:
            (1) Security and safety procedures.
            (2) Land/utilities management and services.
            (3) Educational assistance.
            (4) Emergency services.
            (5) Community services.
            (6) Environmental services.

           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.

    Section 134 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) Until September 30, 2019, the Under Secretary shall have 
responsibility for coordinating the activities of the Department of 
Defense in connection with the realignment of military installations 
and the relocation of military personnel on Guam (in this subsection 
referred to as the `Guam realignment').
    ``(2) The Joint Guam Program Office shall report directly to the 
Under Secretary in carrying out its activities in connection with the 
Guam realignment.
    ``(3) In carrying out the responsibilities assigned by paragraph 
(1), the Under Secretary shall coordinate with the National Security 
Advisor and serve as the official representative of the Secretary of 
Defense at meetings of the Interagency Group on Insular Areas, which 
was established by Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451), and any sub-group or working 
group of that interagency group.
    ``(4) The Under Secretary shall remain the primary lead within the 
Department of Defense for coordination with the Secretary of State on 
all matters concerning the implementation of the agreement entitled 
`Agreement between the Government of the United States of America and 
the Government of Japan concerning the Implementation of the Relocation 
of the III Marine Expeditionary Force Personnel and their Dependents 
from Okinawa to Guam'.
    ``(5) The assignment of responsibilities by paragraph (1) does not 
confer upon the Under Secretary the authority to control funds made 
available to the military departments for the Guam realignment. The 
Joint Guam Program Office shall remain as the primary coordinator of 
the resources provided by each military department involved in the Guam 
realignment.''.

SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL PURPOSE ENTITIES TO 
              ASSIST WITH GUAM REALIGNMENT.

    (a) Special Purpose Entity Defined.--In this section, the term 
``special purpose entity'' means a wholly independent entity 
established for a specific and limited purpose to facilitate the 
realignment of military installations and the relocation of military 
personnel on Guam.
    (b) Report on Implementation Guidance for Special Purpose 
Entities.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the congressional defense committees a report 
        containing the implementation guidance developed regarding the 
        use of special purpose entities to assist with the realignment 
        of military installations and the relocation of military 
        personnel on Guam.
            (2) Notice and wait.--The Secretary of Defense may not 
        authorize the use of the implementation guidance referred to in 
        paragraph (1) until the end of the 30-day period (15-day period 
        if the report is submitted electronically) beginning on the 
        date on which the report required by such paragraph is 
        submitted.
    (c) Applicability of Unified Facilities Criteria.--
            (1) Applicability to section 2350k contributions.--Section 
        2824(c)(4) of the Military Construction Authorization Act for 
        Fiscal Year 2009 (division B of Public Law 110-417; 10 U.S.C. 
        2687 note) is amended by adding at the end the following new 
        subparagraph:
                    ``(D) Applicability of unified facilities 
                criteria.--The unified facilities criteria promulgated 
                by the Under Secretary of Defense for Acquisition, 
                Technology, and Logistics and dated May 29, 2002, or 
                any successor to such criteria shall apply to the 
                obligation of contributions referred to in subsection 
                (b)(1) for a transaction authorized by paragraph 
                (1).''.
            (2) Applicability to special purpose entity 
        contributions.--The unified facilities criteria promulgated by 
        the Under Secretary of Defense for Acquisition, Technology, and 
        Logistics and dated May 29, 2002, or any successor to such 
        criteria shall apply to the obligation of contributions 
        provided by a special purpose entity.
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the congressional defense committees a report containing an 
        evaluation of various options, including a preferred option, 
        that the Secretary could utilize to comply with the unified 
        facilities criteria referred to in paragraph (2) in the 
        acquisition of military housing on Guam in connection with the 
        realignment of military installations and the relocation of 
        military personnel on Guam. The report shall specifically 
        consider increasing the overseas housing allowance for members 
        of the Armed Forces serving on Guam and providing a direct 
        Federal subsidy to public-private ventures.
    (d) Sense of Congress on Scope of Utility Infrastructure 
Improvements.--Section 2821 of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 
4729) is amended--
            (1) by redesignating subsection (c) as subsection (b); and
            (2) in such subsection, by striking ``should incorporate 
        the civilian and military infrastructure into a single grid to 
        realize and maximize the effectiveness of the overall utility 
        system'' and inserting ``should support proposed utility 
        infrastructure improvements on Guam that incorporate the 
        civilian and military infrastructure into a single grid to 
        realize and maximize the effectiveness of the overall utility 
        system, rather than simply supporting one or more military 
        installations''.

SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY CONSTRUCTION AND 
              CERTAIN OTHER TRANSACTIONS ON GUAM.

    (a) Prevailing Wage Requirements.--Subsection (c) of section 2824 
of the Military Construction Authorization Act for Fiscal Year 2009 
(division B of Public Law 110-417; 10 U.S.C. 2687 note) is amended by 
adding at the end the following new paragraph:
            ``(5) Application of prevailing wage requirements.--
                    ``(A) Application; relation to wage rates in 
                hawaii.--The requirements of subchapter IV of chapter 
                31 of title 40, United States Code, shall apply to any 
                military construction project or other transaction 
                authorized by paragraph (1) that is carried out on Guam 
                using contributions referred to in subsection (b)(1) or 
                appropriated funds, except that the wage rates 
                determined pursuant to such subchapter for Guam may not 
                be less than the lowest wage rates determined for the 
                applicable class of laborer or mechanic on projects or 
                transactions of a similar character under such 
                subchapter for Hawaii.
                    ``(B) Secretary of labor authorities.--In order to 
                carry out the requirements of subparagraph (A) and 
                paragraph (6) (relating to composition of workforce for 
                construction projects), the Secretary of Labor shall 
                have the authority and functions set forth in 
                Reorganization Plan Number 14 of 1950 and section 3145 
                of title 40, United States Code.
                    ``(C) Addition to weekly statement on the wages 
                paid.--In the case of projects and other transactions 
                covered by subparagraph (A), the weekly statement 
                required by section 3145 of title 40, United States 
                Code, shall also identify each employee working on the 
                project or transaction who holds a visa issued under 
                section 101(a)(15)(H)(ii)(b) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
                    ``(D) Duration of requirements.--The Secretary of 
                Labor shall make and issue a wage rate determination 
                for Guam annually until 90 percent of the funds in the 
                Account and other funds made available for the 
                realignment of military installations and the 
                relocation of military personnel on Guam have been 
                expended.''.
    (b) Reporting Requirements Regarding Support of Construction 
Workforce.--Subsection (e) of such section is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
            ``(1) Military construction information.--Not later than''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(2) Construction workforce information.--The annual 
        report shall also include an assessment of the living standards 
        of the construction workforce employed to carry out military 
        construction projects covered by the report, including, at a 
        minimum, the adequacy of contract standards and infrastructure 
        that support temporary housing the construction workforce and 
        their medical needs.''.

SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUCTION PROJECTS FUNDED 
              THROUGH THE SUPPORT FOR UNITED STATES RELOCATION TO GUAM 
              ACCOUNT.

    (a) Composition of Workforce.--Section 2824(c) of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 10 U.S.C. 2687 note) is amended by inserting after 
paragraph (5), as added by section 2833, the following new paragraph:
            ``(6) Composition of workforce for construction projects.--
                    ``(A) Percentage limitation.--With respect to each 
                construction project for which ground-breaking occurs 
                before October 1, 2011, and that is carried out using 
                amounts described in subparagraph (B), not more than 30 
                percent of the total hours worked per month on the 
                construction project may be performed by persons 
                holding visas issued under section 101(a)(15)(H)(ii)(b) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(H)(ii)(b)).
                    ``(B) Source of funds.--Subparagraph (A) applies 
                to--
                            ``(i) amounts in the Account used for 
                        projects associated with the realignment of 
                        military installations and the relocation of 
                        military personnel on Guam;
                            ``(ii) funds associated with activities 
                        under section 2821 of this Act; and
                            ``(iii) funds for authorized military 
                        construction projects.
                    ``(C) Solicitation of workers.--In order to ensure 
                compliance with subparagraph (A), as a condition of a 
                contract covered by such subparagraph, the contractor 
                shall be required to advertise and solicit for 
                construction workers in the United States, including 
                territories in the Pacific region, in accordance with a 
                recruitment plan created by the Secretary of Labor. The 
                contractor shall submit a copy of the employment offer, 
                including a description of wages and other terms and 
                conditions of employment, to the Secretary of Labor. 
                The contractor shall authorize the Secretary of Labor 
                to post a notice of the employment offer on a website, 
                with State and local job banks, with State workforce 
                agencies, and with unemployment agencies and other 
                referral and recruitment sources pertinent to the 
                employment opportunity.''.
    (b) Reporting Requirements.--
            (1) Secretary of defense.--Not later than June 30, 2010, 
        the Secretary of Defense shall submit to the congressional 
        committees specified in paragraph (3) a report containing an 
        assessment of efforts to establish a Project Labor Agreement 
        for construction projects associated with the Guam realignment 
        as encouraged by Executive Order 13502, entitled ``Use of 
        Project Labor Agreements for Federal Construction Projects'' 
        (74 Fed. Reg. 6985), as a means of complying with the 
        requirements of paragraph (6) of section 2824(c) of the 
        Military Construction Authorization Act for Fiscal Year 2009, 
        as added by subsection (a).
            (2) Secretary of labor.--Not later than June 30, 2010, the 
        Secretary of Labor shall submit to the congressional committees 
        specified in paragraph (3) a report containing an assessment 
        of--
                    (A) the opportunities to expand the recruitment of 
                construction workers in the United States, including 
                territories in the Pacific region, to support the 
                realignment of military installations and the 
                relocation of military personnel on Guam, consistent 
                with the requirements of paragraph (6) of section 
                2824(c) of the Military Construction Authorization Act 
                for Fiscal Year 2009, as added by subsection (a);
                    (B) the ability of labor markets to support the 
                Guam realignment; and
                    (C) the sufficiency of efforts to recruit United 
                States construction workers.
            (3) Covered congressional committees.--The reports required 
        by this subsection shall be submitted to the congressional 
        defense committees, the Committee on Education and Labor of the 
        House of Representatives, and the Committee on Health, 
        Education, Labor, and Pensions of the Senate.

SEC. 2835. INTERAGENCY COORDINATION GROUP OF INSPECTOR GENERALS FOR 
              GUAM REALIGNMENT.

    (a) Interagency Coordination Group.--There is hereby established 
the Interagency Coordination Group of Inspector Generals for Guam 
Realignment (in this section referred to as the ``Interagency 
Coordination Group'')--
            (1) to provide for the objective conduct and supervision of 
        audits and investigations relating to the programs and 
        operations funded with amounts appropriated or otherwise made 
        available for military construction on Guam in connection with 
        the realignment of military installations and the relocation of 
        military personnel on Guam; and
            (2) to provide for coordination of, and recommendations on, 
        policies designed to--
                    (A) promote economic efficiency, and effectiveness 
                in the administration of the programs and operations 
                described in paragraph (1); and
                    (B) prevent and detect waste, fraud, and abuse in 
                such programs and operations.
    (b) Membership.--
            (1) Chairperson.--The Inspector General of the Department 
        of Defense shall serve as chairperson of the Interagency 
        Coordination Group.
            (2) Additional members.--Additional members of the 
        Interagency Coordination Group shall include the Inspector 
        General of the Department of Interior and Inspectors General of 
        such other Federal agencies as the chairperson considers 
        appropriate to carry out the duties of the Interagency 
        Coordination Group.
    (c) Duties.--
            (1) Oversight of guam construction.--It shall be the duty 
        of the Interagency Coordination Group to conduct, supervise, 
        and coordinate audits and investigations of the treatment, 
        handling, and expenditure of amounts appropriated or otherwise 
        made available for military construction on Guam and of the 
        programs, operations, and contracts carried out utilizing such 
        funds, including--
                    (A) the oversight and accounting of the obligation 
                and expenditure of such funds;
                    (B) the monitoring and review of construction 
                activities funded by such funds;
                    (C) the monitoring and review of contracts funded 
                by such funds;
                    (D) the monitoring and review of the transfer of 
                such funds and associated information between and among 
                departments, agencies, and entities of the United 
                States and private and nongovernmental entities;
                    (E) the maintenance of records on the use of such 
                funds to facilitate future audits and investigations of 
                the use of such fund; and
                    (F) the monitoring and review of the implementation 
                of the Defense Posture Review Initiative relating to 
                the realignment of military installations and the 
                relocation of military personnel on Guam.
            (2) Other duties related to oversight.--The Interagency 
        Coordination Group shall establish, maintain, and oversee such 
        systems, procedures, and controls as the Interagency 
        Coordination Group considers appropriate to discharge the 
        duties under paragraph (1).
            (3) Oversight plan.--The chairperson of the Interagency 
        Coordination Group shall prepare an annual oversight plan 
        detailing planned audits and reviews related to the Guam 
        realignment.
    (d) Assistance From Federal Agencies.--
            (1) Provision of assistance.--Upon request of the 
        Interagency Coordination Group for information or assistance 
        from any department, agency, or other entity of the Federal 
        Government, the head of such entity shall, insofar as is 
        practicable and not in contravention of any existing law, 
        furnish such information or assistance to the Interagency 
        Coordination Group.
            (2) Reporting of refused assistance.--Whenever information 
        or assistance requested by the Interagency Coordination Group 
        is, in the judgment of the chairperson of the Interagency 
        Coordination Group, unreasonably refused or not provided, the 
        chairperson shall report the circumstances to the Secretary of 
        Defense and to the congressional defense committees without 
        delay.
    (e) Reports.--
            (1) Annual reports.--Not later than February 1 of each 
        year, the chairperson of the Interagency Coordination Group 
        shall submit to the congressional defense committees, the 
        Secretary of Defense, and the Secretary of the Interior a 
        report summarizing, for the preceding calendar year, the 
        activities of the Interagency Coordination Group during such 
        year and the activities under programs and operations funded 
        with amounts appropriated or otherwise made available for 
        military construction on Guam. Each report shall include, for 
        the year covered by the report, a detailed statement of all 
        obligations, expenditures, and revenues associated with such 
        construction, including the following:
                    (A) Obligations and expenditures of appropriated 
                funds.
                    (B) A project-by-project and program-by-program 
                accounting of the costs incurred to date for military 
                construction in connection with the realignment of 
                military installations and the relocation of military 
                personnel on Guam, together with the estimate of the 
                Department of Defense and the Department of the 
                Interior, as applicable, of the costs to complete each 
                project and each program.
                    (C) Revenues attributable to or consisting of funds 
                contributed by the Government of Japan in connection 
                with the realignment of military installations and the 
                relocation of military personnel on Guam and any 
                obligations or expenditures of such revenues.
                    (D) Operating expenses of agencies or entities 
                receiving amounts appropriated or otherwise made 
                available for military construction on Guam.
                    (E) In the case of any contract, grant, agreement, 
                or other funding mechanism described in paragraph (2)--
                            (i) the amount of the contract, grant, 
                        agreement, or other funding mechanism;
                            (ii) a brief discussion of the scope of the 
                        contract, grant, agreement, or other funding 
                        mechanism;
                            (iii) a discussion of how the department or 
                        agency of the United States Government involved 
                        in the contract, grant, agreement, or other 
                        funding mechanism identified, and solicited 
                        offers from, potential individuals or entities 
                        to perform the contract, grant, agreement, or 
                        other funding mechanism, together with a list 
                        of the potential individuals or entities that 
                        were issued solicitations for the offers; and
                            (iv) the justification and approval 
                        documents on which was based the determination 
                        to use procedures other than procedures that 
                        provide for full and open competition.
            (2) Covered contracts, grants, agreements, and funding 
        mechanisms.--A contract, grant, agreement, or other funding 
        mechanism described in this paragraph is any major contract, 
        grant, agreement, or other funding mechanism that is entered 
        into by any department or agency of the United States 
        Government that involves the use of amounts appropriated or 
        otherwise made available for military construction on Guam with 
        any public or private sector entity.
            (3) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex if the Interagency Coordination Group considers it 
        necessary.
            (4) Rule of construction.--Nothing in this subsection shall 
        be construed to authorize the public disclosure of information 
        that is--
                    (A) specifically prohibited from disclosure by any 
                other provision of law;
                    (B) specifically required by Executive order to be 
                protected from disclosure in the interest of national 
                defense or national security or in the conduct of 
                foreign affairs; or
                    (C) a part of an ongoing criminal investigation.
            (5) Submission of comments.--Not later than 30 days after 
        receipt of a report under paragraph (1), the Secretary of 
        Defense or the Secretary of the Interior may submit to the 
        congressional defense committees any comments on the matters 
        covered by the report as the Secretary concerned considers 
        appropriate. Any comments on the matters covered by the report 
        shall be submitted in unclassified form, but may include a 
        classified annex if the Secretary concerned considers it 
        necessary.
    (f) Public Availability; Waiver.--
            (1) Public availability.--The Interagency Coordination 
        Group shall publish on a publically-available Internet website 
        each report prepared under subsection (e). Any comments on the 
        report submitted under paragraph (5) of such subsection shall 
        also be published on such website.
            (2) Waiver authority.--The President may waive the 
        requirement under paragraph (1) with respect to availability to 
        the public of any element in a report under subsection (e), or 
        any comment with respect to a report, if the President 
        determines that the waiver is justified for national security 
        reasons.
            (3) Notice of waiver.--The President shall publish a notice 
        of each waiver made under this subsection in the Federal 
        Register no later than the date on which a report required 
        under subsection (e), or any comment under paragraph (5) of 
        such subsection, is submitted to the congressional defense 
        committees. The report and comments shall specify whether 
        waivers under this subsection were made and with respect to 
        which elements in the report or which comments, as appropriate.
    (g) Definitions.--In this section:
            (1) Amounts appropriated or otherwise made available.--The 
        term ``amounts appropriated or otherwise made available for 
        military construction on Guam'' includes amounts derived from 
        the Support for United States Relocation to Guam Account.
            (2) Guam.--The term ``Guam'' includes any island in the 
        Northern Mariana Islands.
    (h) Termination.--
            (1) In general.--The Interagency Coordination Group shall 
        terminate upon the expenditure of 90 percent of all funds 
        appropriated or otherwise made available for Guam realignment.
            (2) Final report.--Before the termination of the 
        Interagency Coordination Group pursuant to paragraph (1), the 
        chairperson of the Interagency Coordination Group shall prepare 
        and submit to the congressional defense committees a final 
        report containing--
                    (A) notice that the termination condition in 
                paragraph (1) has occurred; and
                    (B) a final forensic audit on programs and 
                operations funded with amounts appropriated or 
                otherwise made available for military construction on 
                Guam.

SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY REQUIREMENTS AS 
              CONDITION ON ACCEPTANCE OF REPLACEMENT FACILITY FOR 
              MARINE CORPS AIR STATION, FUTENMA, OKINAWA.

    The Secretary of Defense may not accept, or authorize any other 
official of the Department of Defense to accept, a replacement facility 
in Okinawa for air operations conducted at Marine Corps Air Station, 
Futenma, Okinawa, unless the Secretary certifies to the congressional 
defense committees that the replacement facility satisfies at least 
minimum Naval Aviation Safety requirements. The Secretary may not waive 
any of these requirements.

SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE CORPS TRAINING 
              REQUIREMENTS IN ASIA-PACIFIC REGION.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Secretary of the Navy and the Joint Guam Program Office, shall 
submit to the congressional defense committees a report on the training 
requirements necessary for Marine Forces Pacific, the field command of 
the Marine Corps within the United States Pacific Command.
    (b) Contents of Report.--The report required under subsection (a) 
shall contain each of the following:
            (1) A description of the units of the Marine Corps expected 
        to be assigned on a permanent or temporary basis to Marine 
        Forces Pacific, including the type of unit, the organizational 
        element, the current location of the unit, and proposed 
        location for the unit.
            (2) A description of the training requirements necessary to 
        sustain the current and planned realignment of forces according 
        to the agreement entitled ``Agreement between the Government of 
        the United States of America and the Government of Japan 
        concerning the Implementation of the Relocation of the III 
        Marine Expeditionary Force Personnel and their Dependents from 
        Okinawa to Guam''.
            (3) A description of the potential effects of undertaking a 
        separate environmental impact study for expanded training 
        ranges in the Commonwealth of the Northern Mariana Islands and 
        for alternative training range options, including locations in 
        the Philippines, Thailand, Australia, and Japan.
            (4) The rationale for conducting the Mariana Island Range 
        Complex environmental impact statement without including the 
        additional training requirements necessary to support the 
        additional realignment of Marine Corps units on Guam.
            (5) A description of the strategic- and tactical-lift 
        requirements associated with Marine Forces Pacific, including 
        programming information regarding the intent of the Department 
        of Defense to eliminate deficiencies in the strategic-lift 
        capabilities.
    (c) Sense of Congress.--It is the sense of Congress that an 
evaluation of training requirements for Marine Forces Pacific--
            (1) should be conducted and completed as soon as possible;
            (2) should include a training analysis that, at a minimum, 
        reviews the capabilities required to support a Marine Air-
        Ground Task Force; and
            (3) should not impact the implementation of the recently 
        signed international agreement referred to in subsection 
        (b)(2).

                      Subtitle D--Energy Security

SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING AND MANAGEMENT SYSTEM 
              SPECIFICATION FOR MILITARY CONSTRUCTION AND MILITARY 
              FAMILY HOUSING ACTIVITIES.

    (a) Adoption Required.--
            (1) In general.--Subchapter III of chapter 169 of title 10, 
        United States Code, is amended by inserting after section 2866 
        at the end the following new section:
``Sec. 2867. Energy monitoring and management system specification for 
              military construction and military family housing 
              activities
    ``(a) Adoption of Department-wide, Open Source, Energy Monitoring 
and Management System Specification.--The Secretary of Defense shall 
adopt an open source energy monitoring and management system 
specification for use throughout the Department of Defense in 
connection with a military construction project, military family 
housing activity, or other activity under this chapter for the purpose 
of monitoring and controlling the following with respect to the project 
or activity:
            ``(1) Utilities and energy usage, including electricity, 
        gas, steam, and water usage.
            ``(2) Indoor environments, including temperature and 
        humidity levels.
            ``(3) Heating, ventilation, and cooling components.
            ``(4) Central plant equipment.
            ``(5) Renewable energy generation systems.
            ``(6) Lighting systems.
            ``(7) Power distribution networks.
    ``(b) Exclusion.--(1) The Secretary concerned may waive the 
application of the energy monitoring and management system 
specification adopted under subsection (a) with respect to a specific 
military construction project, military family housing activity, or 
other activity under this chapter if the Secretary determines that the 
application of the specification to the project or activity is not life 
cycle cost-effective.
    ``(2) The Secretary concerned shall notify the congressional 
defense committees of any waiver granted under paragraph (1).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter III is amended inserting after the item 
        relating to section 2866 the following new item:

``2867. Energy monitoring and management system specification for 
                            military construction and military family 
                            housing activities.''.
            (3) Deadline for adoption.--The Secretary of Defense shall 
        adopt the open source energy monitoring and management system 
        specification required by section 2867 of title 10, United 
        States Code, as added by paragraph (1), not later than 180 days 
        after the date of the enactment of this Act.
    (b) Reporting Requirement.--Not later than 180 days after the date 
of the enactment of the Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing the following 
items:
            (1) A contract specification that will implement the open 
        source energy monitoring and management system specification 
        required by section 2867 of title 10, United States Code, as 
        added by subsection (a).
            (2) A description of the method to ensure compliance of the 
        Department of Defense information assurance certification and 
        accreditation process.
            (3) An expected timeline for integration of existing 
        components with the energy monitoring and management system.
            (4) A list of the justifications and authorizations 
        provided by the Department, pursuant to Federal Acquisition 
        Regulations Chapter 6.3, relating to Other Than Full and Open 
        Competition, for energy monitoring and management systems 
        during fiscal year 2009.

SEC. 2842. DEPARTMENT OF DEFENSE USE OF ELECTRIC AND HYBRID MOTOR 
              VEHICLES.

    (a) Preference.--Subchapter II of chapter 173 of title 10, United 
States Code, is amended by inserting after section 2922g, as added by 
title III of this Act, the following new section:
``Sec. 2922h. Preference for motor vehicles using electric or hybrid 
              propulsion systems
    ``(a) Preference.--In leasing or procuring motor vehicles for use 
by a military department or Defense Agency, the Secretary of the 
military department or the head of the Defense Agency shall provide a 
preference for the lease or procurement of motor vehicles using 
electric or hybrid propulsion systems, including plug-in hybrid 
systems, if the electric or hybrid vehicles--
            ``(1) will meet the requirements or needs of the Department 
        of Defense; and
            ``(2) are commercially available at a cost reasonably 
        comparable, on the basis of life-cycle cost, to motor vehicles 
        containing only an internal combustion or heat engine using 
        combustible fuel.
    ``(b) Exception.--Subsection (a) does not apply with respect to 
tactical vehicles designed for use in combat.
    ``(c) Hybrid Defined.--In this section, the term `hybrid', with 
respect to a motor vehicle, means a motor vehicle that draws propulsion 
energy from onboard sources of stored energy that are both--
            ``(1) an internal combustion or heat engine using 
        combustible fuel; and
            ``(2) a rechargeable energy storage system.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2922h. Preference for motor vehicles using electric or hybrid 
                            propulsion systems.''.

SEC. 2843. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF RENEWABLE ENERGY 
              SOURCES TO MEET FACILITY ENERGY NEEDS.

    (a) Facility Basis of Goal.--Subsection (e) of section 2911 of 
title 10, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) in subparagraph (A) (as so redesignated)--
                    (A) by striking ``electric energy'' and inserting 
                ``facility energy'';
                    (B) by striking ``and in its activities''; and
                    (C) by striking ``(as defined in section 203(b) of 
                the Energy Policy Act of 2005 (42 U.S.C. 15852(b)))''; 
                and
            (3) in subparagraph (B) (as so redesignated), by striking 
        ``electric energy'' and inserting ``facility energy''.
    (b) Definition of Renewable Energy Source.--Such subsection is 
further amended--
            (1) by striking ``It shall be'' and inserting ``(1) It 
        shall be''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In this subsection, the term `renewable energy source' means 
energy generated from renewable sources, including the following:
            ``(A) Solar.
            ``(B) Wind.
            ``(C) Biomass.
            ``(D) Landfill gas.
            ``(E) Ocean, including tidal, wave, current, and thermal.
            ``(F) Geothermal, including electricity and heat pumps.
            ``(G) Municipal solid waste.
            ``(H) New hydroelectric generation capacity achieved from 
        increased efficiency or additions of new capacity at an 
        existing hydroelectric project. For purposes of this 
        subparagraph, hydroelectric generation capacity is `new' if it 
        was placed in service on or after January 1, 1999.
            ``(I) Thermal energy generated by any of the preceding 
        sources.''.
    (c) Clerical Amendment.--The heading of such subsection is amended 
by striking ``Electricity Needs'' and inserting ``Facility Energy 
Needs''.

SEC. 2844. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE 
              RENEWABLE ENERGY INITIATIVES.

    Not later than 90 days after the date of the enactment of this Act, 
the Comptroller General shall submit to Congress a report on all 
renewable energy initiatives being funded by the Department of Defense 
or a military department down to the base commander level. The 
Comptroller General shall specifically address the following in the 
report:
            (1) The costs associated with each renewable energy 
        initiative.
            (2) Whether the renewable energy initiative has a clearly 
        delineated set of goals or targets.
            (3) Whether those goals or targets are being met or are 
        likely to be met by the conclusion of the renewable energy 
        initiative.

SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER PLANTS ON MILITARY 
              INSTALLATIONS.

    (a) Study Required; Elements.--The Secretary of Defense shall 
conduct a study to assess the feasibility of developing nuclear power 
plants on military installations. As part of the study, the Secretary 
shall--
            (1) summarize options available for public-private 
        partnerships for construction and operation of the power 
        plants;
            (2) estimate the cost per kilowatt-hour and consider the 
        potential for life cycle cost savings to the Department of 
        Defense, including potential environmental liabilities;
            (3) consider the potential energy security advantages to 
        the Department of Defense of generating electricity on military 
        installations through the use of nuclear energy;
            (4) assess the additional infrastructure costs that would 
        be needed to enable the power plants to sell power back to the 
        general electricity grid;
            (5) consider impact on quality of life of members stationed 
        at an installation containing a nuclear power plant;
            (6) consider regulatory, State, and local concerns to 
        production of nuclear power on military installations;
            (7) assess to what degree nuclear power plants would 
        adversely affect operations on military installations, 
        including consideration of training and readiness requirements;
            (8) assess potential environmental liabilities for the 
        Department of Defense;
            (9) consider factors impacting safe co-location of nuclear 
        power plants on military installations; and
            (10) consider any other factors that bear on the 
        feasibility of developing nuclear power plants on military 
        installations.
    (b) Submission of Results of Study.--Not later than June 1, 2010, 
the Secretary shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report containing the results of 
the study.

SEC. 2846. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS FOR 
              MANAGEMENT OF ENERGY DEMAND OR REDUCTION OF ENERGY USAGE 
              DURING PEAK PERIODS.

    (a) In General.--Subchapter I of chapter 173 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2919. Participation in programs for management of energy demand 
              or reduction of energy usage during peak periods
    ``(a) Participation in Demand Response or Load Management 
Programs.--The Secretary of Defense shall permit and encourage the 
Secretaries of the military departments, heads of Defense agencies, and 
the heads of other instrumentalities of the Department of Defense to 
participate in demand response programs for the management of energy 
demand or the reduction of energy usage during peak periods conducted 
by--
            ``(1) an electric utility;
            ``(2) independent system operator;
            ``(3) State agency; or
            ``(4) third-party entity (such as a demand response 
        aggregator or curtailment service provider) implementing demand 
        response programs on behalf of an electric utility, independent 
        system operator, or State agency.
    ``(b) Treatment of Certain Financial Incentives.--Financial 
incentives received from an entity specified in subsection (a) shall be 
received in cash and deposited into the Treasury as a miscellaneous 
receipt. Amounts received shall be available for obligation only to the 
extent provided in advance in an appropriations act. The Secretary 
concerned or head of the Defense Agency or other instrumentality shall 
pay for the cost of the design and implementation of these services in 
full in the year in which they are received from amounts provided in 
advance in an appropriations Act.
    ``(c) Use of Certain Financial Incentives.--Of the amounts provided 
in advance in an appropriations Act derived from subsection (b) above, 
100 percent shall be available to the military installation where the 
proceeds were derived, and at least 25 percent of that appropriated 
amount shall be designated for use in energy management initiatives by 
the military installation where the proceeds were derived.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2919. 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.

    (a) Transfer Required; Administration.--Section 203 of the Port 
Chicago National Memorial Act of 1992 (Public Law 102-562; 16 U.S.C. 
431; 106 Stat. 4235) is amended by striking subsection (c) and 
inserting the following new subsections:
    ``(c) Administration.--The Secretary of the Interior shall 
administer the Port Chicago Naval Magazine National Memorial as a unit 
of the National Park System in accordance with this Act and laws 
generally applicable to units of the National Park System, including 
the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et 
seq.) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et 
seq.). Land transferred to the administrative jurisdiction of the 
Secretary of the Interior under subsection (d) shall be administered in 
accordance with this subsection.
    ``(d) Transfer of Land.--The Secretary of Defense shall transfer a 
parcel of land, consisting of approximately 5 acres, depicted within 
the proposed boundary on the map titled `Port Chicago Naval Magazine 
National Memorial, Proposed Boundary', numbered 018/80,001, and dated 
August 2005, to the administrative jurisdiction of the Secretary of the 
Interior if the Secretary of Defense determines that--
            ``(1) the land is excess to military needs; and
            ``(2) all environmental remediation actions necessary to 
        respond to environmental contamination related to the land have 
        been completed in accordance with the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.) and other applicable laws.
    ``(e) Public Access.--The Secretary of the Interior shall enter 
into an agreement with the Secretary of Defense to provide as much 
public access as possible to the Port Chicago Naval Magazine National 
Memorial without interfering with military needs. This subsection shall 
no longer apply if, at some point in the future, the National Memorial 
ceases to be an enclave within the Concord Naval Weapons Station.
    ``(f) Agreement With City of Concord and East Bay Regional Park 
District.--The Secretary of the Interior is authorized to enter into an 
agreement with the City of Concord, California, and the East Bay 
Regional Park District, to establish and operate a facility for visitor 
orientation and parking, administrative offices, and curatorial storage 
for the National Memorial.''.
    (b) Sense of Congress on Remediation and Repair of National 
Memorial.--
            (1) Remediation.--It is the sense of Congress that, in 
        order to facilitate the land transfer described in subsection 
        (d) of section 203 of the Port Chicago National Memorial Act of 
        1992, as added by subsection (a), the Secretary of Defense 
        should remediate remaining environmental contamination related 
        to the land.
            (2) Repair.--It is the sense of Congress that, in order to 
        preserve the Port Chicago Naval Magazine National Memorial for 
        future generations, the Secretary of Defense and the Secretary 
        of the Interior should work together to develop a process by 
        which future repairs and necessary modifications to the 
        National Memorial can be achieved in as timely and cost-
        effective a manner as possible.

SEC. 2852. LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT, HAWAII.

    (a) Conveyance Authorized.--The Secretary of the Navy shall convey, 
without consideration, to the Hawaii Community Development Authority 
(in this section referred to as the ``Authority''), which is the local 
redevelopment authority for former Naval Air Station, Barbers Point, 
Oahu, Hawaii, all right, title, and interest of the United States in 
and to the following parcels of real property, including any 
improvements thereon and clear of all liens and encumbrances, at the 
installation:
            (1) An approximately 10.569-acre parcel of land identified 
        as ``Parcel No. 13126 B'' and further identified by Oahu Tax 
        Map Key No. 9-1-031:047.
            (2) An approximately 145.785-acre parcel of land identified 
        as ``Parcel No. 13058 D'' and further identified by Oahu Tax 
        Map Key No. 9-1-013:039.
            (3) An approximately 9.303-acre parcel of land identified 
        as ``Parcel No. 13058 F'' and further identified by Oahu Tax 
        Map Key No. 9-1-013:041.
            (4) An approximately 57.937-acre parcel of land identified 
        as ``Parcel No. 13058 G'' and further identified by Oahu Tax 
        Map Key No. 9-1-013:042.
            (5) An approximately 11.501-acre parcel of land identified 
        as ``Parcel No. 13073 D'' and further identified by Oahu Tax 
        Map Key No. 9-1-013:069.
            (6) An approximately 65.356-acre parcel of land identified 
        as ``Parcel No. 13073 B'' and further identified by Oahu Tax 
        Map Key No. 9-1-013:067.
    (b) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        Authority to cover costs to be incurred by the Secretary, or to 
        reimburse the Secretary for costs incurred by the Secretary, to 
        carry out the conveyance under subsection (a), including survey 
        costs, costs related to environmental documentation, and other 
        administrative costs related to the conveyance. If amounts are 
        collected from the Authority in advance of the Secretary 
        incurring the actual costs, and the amount collected exceeds 
        the costs actually incurred by the Secretary to carry out the 
        conveyance, the Secretary shall refund the excess amount to the 
        Authority.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the 
        fund or account that was used to cover the costs incurred by 
        the Secretary in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (c) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (d) Description of Property.--The exact acreage and legal 
descriptions of the parcels of real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to the 
Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyances 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2853. MODIFICATION OF LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE 
              BASE, NEW YORK.

    (a) Additional Conveyance.--Subsection (a)(1) of section 2873 of 
the Military Construction Authorization Act for Fiscal Year 2005 
(division B of Public Law 108-375; 118 Stat. 2152) is amended--
            (1) by striking ``two parcels'' and inserting ``three 
        parcels'';
            (2) by striking ``and 1.742 acres and containing the four 
        buildings'' and inserting ``, 1.742 acres, and 4.5 acres, 
        respectively, and containing all or a portion of the five 
        buildings''; and
            (3) by inserting ``and the Modification and Fabrication 
        Facility'' after ``Reconnaissance Laboratory''.
    (b) Description of Property.--Subsection (a)(2) of such section is 
amended by adding at the end the following new subparagraph:
            ``(E) Bay Number 4 in Building 101 (approximately 115,000 
        square feet).''.
    (c) Purpose of Conveyance.--Subsection (a)(3) of such section is 
amended by adding before the period at the end the following: ``and to 
provide adequate reimbursement, real property, and replacement 
facilities for the Air Force Research Laboratory units that are 
relocated as a result of the conveyance''.
    (d) Consideration.--Subsection (c) of such section is amended by 
striking ``in-kind contribution'' and inserting ``in-kind consideration 
(including land and new facilities)''.

SEC. 2854. LAND CONVEYANCE, ARMY RESERVE CENTER, CHAMBERSBURG, 
              PENNSYLVANIA.

    (a) Conveyance Authorized.--At such time as the Army Reserve 
vacates the Army Reserve Center at 721 South Sixth Street, 
Chambersburg, Pennsylvania, the Secretary of the Army may convey, 
without consideration, to the Chambersburg Area School District (in 
this section referred to as the ``School District''), all right, title, 
and interest of the United States in and to the Reserve Center for the 
purpose of permitting the School District to utilize the property for 
educational, educational support, and community activities.
    (b) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
in accordance with the purpose of the conveyance, all right, title, and 
interest in and to such real property, including any improvements and 
appurtenant easements thereto, shall, at the option of the Secretary, 
revert to and become the property of the United States, and the United 
States shall have the right of immediate entry onto such real property. 
A determination by the Secretary under this subsection shall be made on 
the record after an opportunity for a hearing.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        School District to cover costs to be incurred by the Secretary, 
        or to reimburse the Secretary for costs incurred by the 
        Secretary, to carry out the conveyance under subsection (a), 
        including survey costs, costs related to environmental 
        documentation, and other administrative costs related to the 
        conveyance. If amounts are collected from the School District 
        in advance of the Secretary incurring the actual costs, and the 
        amount collected exceeds the costs actually incurred by the 
        Secretary to carry out the conveyance, the Secretary shall 
        refund the excess amount to the School District.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the 
        fund or account that was used to cover the costs incurred by 
        the Secretary in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (e) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.

SEC. 2855. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the City of Virginia Beach, Virginia (in this section referred to as 
the ``City''), all right, title, and interest of the United States in 
and to parcels of non-contiguous real property, including any 
improvements thereon, consisting of a total of approximately 2.4 acres 
at Naval Air Station Oceana, Virginia, for the purpose of permitting 
the City to expand services to support the Marine Animal Care Center.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City shall provide compensation to the Secretary of 
the Navy in an amount equal to the fair market value of the real 
property conveyed under such subsection, as determined by appraisals 
acceptable to the Secretary.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be exchanged under this section 
shall be determined by surveys satisfactory to the Secretary.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the City 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for costs incurred by the Secretary, to carry out 
        the conveyance under this section, including survey costs 
        related to the conveyance. If amounts are collected from the 
        City in advance of the Secretary incurring the actual costs, 
        and the amount collected exceeds the costs actually incurred by 
        the Secretary to carry out the conveyance, the Secretary shall 
        refund the excess amount to the City.
            (2) Treatment of amounts received.--Amounts received under 
        paragraph (1) as reimbursement for costs incurred by the 
        Secretary to carry out the conveyance under this section shall 
        be credited to the fund or account that was used to cover the 
        costs incurred by the Secretary in carrying out the conveyance. 
        Amounts so credited shall be merged with amounts in such fund 
        or account and shall be available for the same purposes, and 
        subject to the same conditions and limitations, as amounts in 
        such fund or account.
    (e) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
this section as the Secretary considers appropriate to protect the 
interests of the United States.

SEC. 2856. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey to 
the Chilkoot Indian Association (in this section referred to as the 
``Association'') all right, title, and interest of the United States in 
and to a parcel of real property, including improvements thereon, 
consisting of approximately 201 acres located at the former Haines Fuel 
Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for 
the purpose of permitting the Association to develop a Deep Sea Port 
and for other industrial and commercial development purposes. To the 
extent practicable, the Secretary is encouraged to complete the 
conveyance by September 30, 2013.
    (b) Consideration.--As consideration for the conveyance of the 
property described in subsection (a), the Association shall pay to the 
Secretary an amount equal to the fair market value of the property, as 
determined by the Secretary. The determination of the Secretary shall 
be final. At the election of the Secretary, the Secretary may accept 
in-kind consideration in lieu of all or a portion of the cash payment.
    (c) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
in accordance with the purpose of the conveyance, all right, title, and 
interest in and to such real property, including any improvements and 
appurtenant easements thereto, shall, at the option of the Secretary, 
revert to and become the property of the United States, and the United 
States shall have the right of immediate entry onto such real property. 
A determination by the Secretary under this subsection shall be made on 
the record after an opportunity for a hearing.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        Association to cover costs to be incurred by the Secretary, or 
        to reimburse the Secretary for costs incurred by the Secretary, 
        to carry out the conveyance under subsection (a), including 
        survey costs, costs related to environmental documentation, and 
        other administrative costs related to the conveyance. If 
        amounts are collected from the Association in advance of the 
        Secretary incurring the actual costs, and the amount collected 
        exceeds the costs actually incurred by the Secretary to carry 
        out the conveyance, the Secretary shall refund the excess 
        amount to the Association.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the 
        fund or account that was used to cover the costs incurred by 
        the Secretary in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (e) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (f) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under this section 
shall be determined by a survey satisfactory to the Secretary.
    (g) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
this section as the Secretary considers appropriate to protect the 
interests of the United States.

SEC. 2857. COMPLETION OF LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS, 
              WASHINGTON.

    Subsection (a)(1) of section 2837 of the Military Construction 
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1315), as amended by section 2852 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2143), is further amended--
            (1) in the first sentence, by striking ``The Secretary of 
        the Army may transfer'' and inserting ``Not later than 60 days 
        after the date of the enactment of the Military Construction 
        Authorization Act for Fiscal Year 2010, the Secretary of the 
        Army shall transfer''; and
            (2) in the second sentence--
                    (A) by striking ``may make the transfer'' and 
                inserting ``shall make the transfer''; and
                    (B) by striking ``may accept'' and inserting 
                ``shall accept''.

SEC. 2858. LAND CONVEYANCE, FERNDALE HOUSING AT CENTERVILLE BEACH NAVAL 
              FACILITY TO CITY OF FERNDALE, CALIFORNIA.

    (a) Conveyance Authorized.--At such time as the Navy vacates the 
Ferndale Housing, which previously supported the now closed Centerville 
Beach Naval Facility in the City of Ferndale, California, the Secretary 
of the Navy may convey, at fair market value, to the City of Ferndale 
(in this section referred to as the ``City''), all right, title, and 
interest of the United States in and to the parcels of real property, 
including improvements thereon, for the purpose of permitting the City 
to utilize the property for low- and moderate-income housing for 
seniors, families, or both.
    (b) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
in accordance with the purpose of the conveyance, all right, title, and 
interest in and to such real property, including any improvements and 
appurtenant easements thereto, shall, at the option of the Secretary, 
revert to and become the property of the United States, and the United 
States shall have the right of immediate entry onto such real property. 
A determination by the Secretary under this subsection shall be made on 
the record after an opportunity for a hearing.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the City 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for costs incurred by the Secretary, to carry out 
        the conveyance under subsection (a), including survey costs, 
        costs related to environmental documentation, and other 
        administrative costs related to the conveyance. If amounts are 
        collected from the city in advance of the Secretary incurring 
        the actual costs, and the amount collected exceeds the costs 
        actually incurred by the Secretary to carry out the conveyance, 
        the Secretary shall refund the excess amount to the City.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the 
        fund or account that was used to cover the costs incurred by 
        the Secretary in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (e) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.

                       Subtitle F--Other Matters

SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL MONUMENT TO HONOR 
              UNITED STATES ARMED FORCES WORKING DOG TEAMS.

    Section 2877 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 563; 16 U.S.C. 431 note) is 
amended by striking ``National War Dogs Monument, Inc.,'' both places 
it appears and inserting ``John Burnam Monument Foundation, Inc.,''.

SEC. 2872. NAMING OF CHILD DEVELOPMENT CENTER AT FORT LEONARD WOOD, 
              MISSOURI, IN HONOR OF MR. S. LEE KLING.

    A child development center at Fort Leonard Wood, Missouri, shall be 
known and designated as the ``S. Lee Kling Child Development Center''. 
Any reference in a law, map, regulation, document, paper, or other 
record of the United States to such child development center shall be 
deemed to be a reference to the S. Lee Kling Child Development Center.

SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERATIVE SECURITY LOCATION 
              IN PALANQUERO, COLOMBIA.

    (a) Congressional Notification of Agreement.--None of the amounts 
authorized to be appropriated by this division or otherwise made 
available for military construction for fiscal year 2010 may be 
obligated to commence construction of a Cooperative Security Location 
at the German Olano Airbase (the Palanquero AB Development Project) in 
Palanquero, Colombia, until at least 15 days after the date on which 
the Secretary of Defense certifies to the congressional defense 
committees that an agreement has been entered into with the Government 
of Colombia that permits the establishment of the Cooperative Security 
Location at the German Olano Airbase in a manner that will enable the 
United States Southern Command to execute its Theater Posture Strategy 
in cooperation with the Armed Forces of Colombia.
    (b) Prohibition on Permanent United States Military Installation.--
The agreement referred to in subsection (a) may not provide for or 
authorize the establishment of a United States military installation or 
base for the permanent stationing of United States Armed Forces in 
Colombia.

SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS MOUNTAIN 
              WARFARE TRAINING CENTER.

    Section 1806 of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1056; 16 U.S.C. 460vvv) is amended by 
adding at the end the following new subsection:
    ``(g) Military Activities at United States Marine Corps Mountain 
Warfare Training Center.--The designation of the Bridgeport Winter 
Recreation Area by this section is not intended to restrict or preclude 
the activities conducted by the United States Armed Forces at the 
United States Marine Corps Mountain Warfare Training Center.''.

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 
                             AUTHORIZATIONS

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

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan....................................  Airborne.......................................      $7,800,000
                                                 Altimur........................................      $7,750,000
                                                 Asadabad.......................................      $5,500,000
                                                 Bagram Air Base................................    $132,850,000
                                                 Camp Joyce.....................................      $7,700,000
                                                 Camp Kabul.....................................    $137,000,000
                                                 Camp Kandahar..................................    $132,500,000
                                                 Camp Salerno...................................     $50,200,000
                                                 Forward Operating Base Blessing................      $5,600,000
                                                 Forward Operating Base Bostick.................      $5,500,000
                                                 Forward Operating Base Dwyer...................     $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
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 2009, 
for military construction, land acquisition, and military family 
housing functions of the Department of the Army in the total amount of 
$930,484,000 as follows:
            (1) For military construction projects outside the United 
        States authorized by subsection (a), $834,100,000.
            (2) For unspecified minor military construction projects 
        under section 2805 of title 10, United States Code, 
        $20,100,000.
            (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $76,284,000.

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                  Installation or Location                  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
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 2009, 
for military construction, land acquisition, and military family 
housing functions of the Department of the Air Force in the total 
amount of $474,500,000, as follows:
            (1) For military construction projects outside the United 
        States authorized by subsection (a), $439,500,000.
            (2) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $35,000,000.

SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILITIES FOR OFFICE OF 
              DEFENSE REPRESENTATIVE-PAKISTAN.

    (a) In General.--Notwithstanding the definition of military 
construction in section 2801 of title 10, United States Code, of the 
amounts authorized to be appropriated by this division for military 
construction, the Secretary of Defense may use not more than 
$25,000,000 to plan, design, and construct facilities on the United 
States Embassy Compound in Islamabad, Pakistan, in support of the 
Office of the Defense Representative-Pakistan (in this section referred 
to as the ``ODRP'').
    (b) Report Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and every 180 days thereafter, the 
        Secretary of Defense shall submit to the appropriate 
        congressional committees a report on the number of personnel 
        and activities of the ODRP.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) A detailed accounting of the number of 
                personnel permanently assigned or on temporary duty in 
                the ODRP.
                    (B) A description of the mission of those personnel 
                assigned on a temporary or permanent basis to the ODRP.
                    (C) A projection of space requirements for the 
                ODRP.
            (3) Form.--The report under paragraph (1) may be submitted 
        in a classified form.
            (4) Appropriate committees.--For the purposes of this 
        subsection, the appropriate congressional committees are the 
        following:
                    (A) The Committees on Armed Services and Foreign 
                Affairs of the House of Representatives.
                    (B) The Committees on Armed Services and Foreign 
                Relations of the Senate.
            (5) Termination.--The requirement to submit a report under 
        this subsection terminates on the date occurring two years 
        after the date on which the first report is submitted.

 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.
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.

         Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2010 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$10,479,627,000, to be allocated as follows:
            (1) For weapons activities, $6,516,431,000.
            (2) For defense nuclear nonproliferation activities, 
        $2,539,309,000.
            (3) For naval reactors, $1,003,133,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $420,754,000.
    (b) Authorization of New Plant Projects.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out new plant projects for the National 
Nuclear Security Administration as follows:
            (1) For readiness in technical base and facilities, the 
        following new plant project:
                    Project 10-D-501, nuclear facilities risk 
                reduction, Y-12 National Security Complex, Oak Ridge, 
                Tennessee, $12,500,000.
            (2) For safeguards and security, the following new plant 
        project:
                    Project 10-D-701, security improvement project, Y-
                12 National Security Complex, Oak Ridge, Tennessee, 
                $49,000,000.
            (3) For naval reactors, the following new plant projects:
                    Project 10-D-903, KAPL security upgrades, 
                Schenectady, New York, $1,500,000.
                    Project 10-D-904, Naval Reactors Facility 
                infrastructure upgrades, Naval Reactors Facility, 
                Idaho, $700,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for defense environmental cleanup 
activities in carrying out programs necessary for national security in 
the amount of $5,024,491,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$872,468,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for defense nuclear waste disposal for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$98,400,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for energy security and assurance programs 
necessary for national security in the amount of $6,188,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM.

    (a) In General.--Subsection (a) of section 4201 of the Atomic 
Energy Defense Act (division D of Public Law 107-314; 50 U.S.C. 2521) 
is amended to read as follows:
    ``(a) Establishment.--The Secretary of Energy, acting through the 
Administrator for Nuclear Security, shall establish a stewardship 
program to ensure--
            ``(1) the preservation of the core intellectual and 
        technical competencies of the United States in nuclear weapons, 
        including weapons design, system integration, manufacturing, 
        security, use control, reliability assessment, and 
        certification; and
            ``(2) that the nuclear weapons stockpile is safe, secure, 
        and reliable without the use of underground nuclear weapons 
        testing.''.
    (b) Elements.--Subsection (b) of such section is amended--
            (1) in paragraph (1), by inserting ``and performance over 
        time'' after ``detonation''; and
            (2) by adding at the end the following new paragraphs:
            ``(4) Material support for the use of, and experiments 
        facilitated by, the advanced experimental facilities of the 
        United States, including--
                    ``(A) the National Ignition Facility at Lawrence 
                Livermore National Laboratory;
                    ``(B) the Dual Axis Radiographic Hydrodynamic Test 
                Facility at Los Alamos National Laboratory; and
                    ``(C) the Z Machine at Sandia National 
                Laboratories.
            ``(5) Material support for the sustainment and 
        modernization of facilities with production and manufacturing 
        capabilities that are necessary to ensure the safety, security, 
        and reliability of the nuclear weapons stockpile, including--
                    ``(A) the Pantex Plant;
                    ``(B) the Y-12 National Security Complex;
                    ``(C) the Kansas City Plant; and
                    ``(D) the Savannah River Site.''.
    (c) Prior Authorization of Appropriations for Fiscal Year 1994.--
Such section is further amended by striking subsection (c).

SEC. 3112. STOCKPILE MANAGEMENT PROGRAM.

    (a) In General.--The Atomic Energy Defense Act (division D of 
Public Law 107-314; 50 U.S.C. 2501 et seq.) is amended--
            (1) by repealing section 4204A (50 U.S.C. 2524a); and
            (2) by amending section 4204 (50 U.S.C. 2524) to read as 
        follows:

``SEC. 4204. STOCKPILE MANAGEMENT PROGRAM.

    ``(a) Program Required.--The Secretary of Energy, acting through 
the Administrator for Nuclear Security and in consultation with the 
Secretary of Defense, shall carry out a program, to be known as the 
stockpile management program, to provide for the effective management 
of the weapons in the nuclear weapons stockpile (including any weapon 
proposed to be added to the stockpile). The program shall have the 
following objectives:
            ``(1) To increase the reliability, safety, and security of 
        the nuclear weapons stockpile of the United States.
            ``(2) To further reduce the likelihood of the resumption of 
        underground nuclear weapons testing.
            ``(3) To achieve reductions in the future size of the 
        nuclear weapons stockpile.
            ``(4) To reduce the risk of an accidental detonation of an 
        element of the stockpile.
            ``(5) To reduce the risk of an element of the stockpile 
        being used by a person or entity hostile to the United States, 
        its vital interests, or its allies.
    ``(b) Program Budget.--For each budget submitted by the President 
to Congress under section 1105 of title 31, United States Code, the 
amounts requested for the program shall be clearly identified in the 
budget justification materials submitted to Congress in support of that 
budget.
    ``(c) Program Limitations.--In carrying out the stockpile 
management program under subsection (a), the Secretary shall ensure 
that--
            ``(1) any changes made to the stockpile shall be made to 
        achieve the objectives identified in subsection (a); and
            ``(2) any such changes made to the stockpile shall--
                    ``(A) remain consistent with basic design 
                parameters by including, to the maximum extent 
                feasible, components that are well understood or are 
                certifiable without the need to resume underground 
                nuclear weapons testing; and
                    ``(B) use the design, certification, and production 
                expertise resident in the nuclear complex to fulfill 
                current mission requirements of the existing 
                stockpile.''.
    (b) Clerical Amendment.--The table of contents in section 4001(b) 
of such Act (division D of Public Law 107-314; 50 U.S.C. 2501 note) is 
amended by striking the items relating to sections 4204 and 4204A and 
inserting the following new item:

``Sec. 4204. Stockpile management program.''.

SEC. 3113. PLAN FOR EXECUTION OF STOCKPILE STEWARDSHIP AND STOCKPILE 
              MANAGEMENT PROGRAMS.

    (a) Plan.--Section 4203 of the Atomic Energy Defense Act (division 
D of Public Law 107-314; 50 U.S.C. 2523) is amended to read as follows:

``SEC. 4203. PLAN FOR EXECUTION OF STOCKPILE STEWARDSHIP AND STOCKPILE 
              MANAGEMENT PROGRAMS.

    ``(a) Plan Requirement.--The Secretary of Energy, acting through 
the Administrator for Nuclear Security, shall develop and annually 
update a plan for maintaining the nuclear weapons stockpile. The plan 
shall cover, at a minimum, stockpile stewardship, stockpile management, 
and program direction and shall be consistent with the programmatic and 
technical requirements of the most recent annual Nuclear Weapons 
Stockpile Memorandum.
    ``(b) Plan Elements.--The plan and each update of the plan shall 
set forth the following:
            ``(1) The number of warheads (including active and inactive 
        warheads) for each warhead type in the nuclear weapons 
        stockpile.
            ``(2) The current age of each warhead type, and any plans 
        for stockpile lifetime extensions and modifications or 
        replacement of each warhead type.
            ``(3) The process by which the Secretary of Energy is 
        assessing the lifetime and requirements for maintenance of the 
        nuclear and nonnuclear components of the warheads (including 
        active and inactive warheads) in the nuclear weapons stockpile.
            ``(4) The process used in recertifying the safety, 
        security, and reliability of each warhead type in the nuclear 
        weapons stockpile without the use of nuclear testing.
            ``(5) Any concerns which would affect the ability of the 
        Secretary of Energy to recertify the safety, security, or 
        reliability of warheads in the nuclear weapons stockpile 
        (including active and inactive warheads).
    ``(c) Assessment.--In addition to the elements described under 
subsection (b), the plan and each update of the plan shall include a 
joint assessment of the stockpile stewardship program by the heads of 
the national security laboratories. Each assessment shall set forth the 
following:
            ``(1) An identification and description of--
                    ``(A) any key technical challenges to the program; 
                and
                    ``(B) the strategies to address such challenges 
                without the use of nuclear testing.
            ``(2) A strategy for using the science-based tools 
        (including advanced simulation and computing capabilities) of 
        each national security laboratory to ensure that the nuclear 
        weapons stockpile is safe, secure, and reliable without the use 
        of nuclear testing.
            ``(3) An assessment of the science-based tools (including 
        advanced simulation and computing capabilities) of each 
        national security laboratory that exist at the time of the plan 
        compared with the science-based tools expected to exist during 
        the period covered by the future-years nuclear security 
        program.
            ``(4) Clear and specific criteria for judging whether the 
        science-based tools being used by the Department of Energy for 
        determining the safety and reliability of the nuclear weapons 
        stockpile are performing in a manner that will provide an 
        adequate degree of certainty that the stockpile is safe and 
        reliable.
            ``(5) An assessment of the core scientific and technical 
        competencies required to achieve the objectives of the 
        stockpile stewardship program and other weapons and weapons-
        related activities of the Department of Energy, including--
                    ``(A) the number of scientists, engineers, and 
                technicians, by discipline, required to maintain such 
                competencies; and
                    ``(B) a description of any shortage of such 
                individuals that exists at the time of the plan 
                compared with any shortage expected to exist during the 
                period covered by the future-years nuclear security 
                program.
    ``(d) Reports to Congress.--Not later than February 1 of each year, 
beginning with February 1, 2010, the Secretary of Energy shall submit 
to the congressional defense committees a report describing the plan 
required by subsection (a).
    ``(e) Definitions.--In this section:
            ``(1) The term `future-years nuclear security program' 
        means the program required by section 3253 of the National 
        Nuclear Security Administration Act (50 U.S.C. 2453).
            ``(2) The term `national security laboratory' has the 
        meaning given such term in section 3281 of the National Nuclear 
        Security Administration Act (50 U.S.C. 2471).
            ``(3) The term `weapons activities' means each activity 
        within the budget category of weapons activities in the budget 
        of the National Nuclear Security Administration.
            ``(4) The term `weapons-related activities' means each 
        activity under the Department of Energy that involves nuclear 
        weapons, nuclear weapons technology, or fissile or radioactive 
        materials, including activities related to--
                    ``(A) nuclear non-proliferation;
                    ``(B) nuclear forensics;
                    ``(C) nuclear intelligence;
                    ``(D) nuclear safety; and
                    ``(E) nuclear incident response.''.
    (b) Clerical Amendment.--The item relating to section 4203 in the 
table of contents for such Act is amended to read as follows:

``Sec. 4203. Plan for execution of stockpile stewardship and stockpile 
                            management programs.''.
    (c) Conforming Repeal.--Section 4202 of the Atomic Energy Defense 
Act (division D of Public Law 107-314; 50 U.S.C. 2522) is repealed.

SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS ASSESSMENT AND 
              CERTIFICATION.

    (a) Dual Validation.--
            (1) In general.--Section 4205 of the Atomic Energy Defense 
        Act (division D of Public Law 107-314; 50 U.S.C. 2525) is 
        amended--
                    (A) by redesignating subsections (c) through (h) as 
                subsections (d) through (i), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection (c):
    ``(c) Dual Validation Teams in Support of Assessments.--In support 
of the assessments required by subsection (a), the Administrator for 
Nuclear Security shall establish teams, known as `dual validation 
teams', to provide Lawrence Livermore National Laboratory and Los 
Alamos National Laboratory with independent evaluations of the 
condition of each warhead for which such laboratory has lead 
responsibility. Each such team shall--
            ``(1) be comprised of weapons experts from the laboratory 
        that does not have lead responsibility for fielding the warhead 
        being evaluated;
            ``(2) have access to all surveillance and underground test 
        data for all stockpile systems for use in the independent 
        evaluations;
            ``(3) use all relevant available data to conduct 
        independent calculations; and
            ``(4) pursue independent experiments to support the 
        independent evaluations.''.
            (2) Plan.--Not later than March 1, 2010, the Administrator 
        for Nuclear Security shall submit to the congressional defense 
        committees a plan (including a schedule) to carry out 
        subsection (c) of section 4205 of such Act, as added by 
        paragraph (1) of this subsection.
    (b) Red Team Reviews.--Subsection (d)(1) of such section, as 
redesignated by subsection (a)(1)(A) of this section, is amended--
            (1) by inserting ``both'' after ``review''; and
            (2) by inserting after ``that laboratory'' the following: 
        ``and the independent evaluations conducted by a dual 
        validation team under subsection (c)''.
    (c) Summary.--Subsection (e)(3) of such section, as redesignated by 
subsection (a)(1)(A) of this section, is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) a concise summary of the results of any 
                independent evaluation conducted by a dual validation 
                team under subsection (c).''.
    (d) Conforming Amendments.--Such section is further amended--
            (1) in paragraph (3)(C) of subsection (e), as redesignated 
        by subsection (a)(1)(A) of this section, by striking 
        ``subsection (c)'' and inserting ``subsection (d)'';
            (2) in paragraph (1)(A) of subsection (f), as redesignated 
        by subsection (a)(1)(A) of this section, by striking 
        ``subsection (d)'' and inserting ``subsection (e)'';
            (3) in subsection (g), as redesignated by subsection 
        (a)(1)(A) of this section, by striking ``subsection (e)'' and 
        inserting ``subsection (f)''; and
            (4) in subsection (i), as redesignated by subsection 
        (a)(1)(A) of this section--
                    (A) in paragraph (1), by striking ``subsection 
                (d)'' and inserting ``subsection (e)''; and
                    (B) in paragraph (2), by striking ``subsection 
                (e)'' and inserting ``subsection (f)''.

SEC. 3115. ANNUAL LONG-TERM PLAN FOR THE MODERNIZATION AND 
              REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX.

    (a) Policy.--It is the policy of the United States that 
sustainment, modernization, and refurbishment of the nuclear security 
complex is mandatory for maintaining the future viability of the United 
States nuclear deterrent and a prerequisite for any reductions to the 
nuclear weapons stockpile of the United States.
    (b) General Requirement.--Subtitle D of the National Nuclear 
Security Administration Act (50 U.S.C. 2451 et seq.) is amended by 
adding at the end the following new section:

``SEC. 3255. BUDGETING FOR MODERNIZATION AND REFURBISHMENT OF THE 
              NUCLEAR SECURITY COMPLEX: ANNUAL PLAN AND CERTIFICATION.

    ``(a) Annual Nuclear Security Complex Modernization and 
Refurbishment Plan and Certification.--The Administrator for Nuclear 
Security shall include with the nuclear security budget materials for 
each fiscal year--
            ``(1) a plan for the modernization and refurbishment of the 
        nuclear security complex developed in accordance with this 
        section; and
            ``(2) a certification by the Administrator that both the 
        budget for that fiscal year and the future-years nuclear 
        security program submitted to Congress in relation to such 
        budget under section 3253 provide for funding of the nuclear 
        security complex at a level that is sufficient for the 
        modernization and refurbishment of the nuclear security complex 
        provided for in the plan under paragraph (1) on the schedule 
        provided in the plan.
    ``(b) Annual Nuclear Security Complex Modernization and 
Refurbishment Plan.--(1) The annual nuclear security complex 
modernization and refurbishment plan developed for a fiscal year for 
purposes of subsection (a)(1) should be designed so that the nuclear 
security complex provided for under that plan is capable of 
supporting--
                    ``(A) the National Security Strategy of the United 
                States as set forth in the most recent national 
                security strategy report of the President under section 
                108 of the National Security Act of 1947 (50 U.S.C. 
                404a), except that, if at the time such plan is 
                submitted with the nuclear security budget materials 
                for that fiscal year, a national security strategy 
                report required under such section 108 has not been 
                submitted to Congress as required by paragraph (2) or 
                paragraph (3), if applicable, of subsection (a) of such 
                section, then such annual plan should be designed so 
                that the nuclear security complex modernization and 
                refurbishment provided for under that plan is capable 
                of supporting the nuclear security complex recommended 
                in the report of the most recent Quadrennial Defense 
                Review; and
                    ``(B) the nuclear posture of the United States as 
                set forth in the most recent Nuclear Posture Review.
            ``(2) Each such nuclear security complex modernization and 
        refurbishment plan shall include the following:
                    ``(A) A detailed program with schedule and 
                associated funding for the modernization and 
                refurbishment of the nuclear security complex for the 
                National Nuclear Security Administration over the next 
                30 fiscal years.
                    ``(B) A description of the necessary modernization 
                and refurbishment measures to meet the requirements of 
                the national security strategy of the United States or 
                the most recent Quadrennial Defense Review, whichever 
                is applicable under paragraph (1), and the Nuclear 
                Posture Review.
                    ``(C) The estimated levels of annual funding 
                necessary to carry out the program, together with a 
                discussion of the implementation strategies on which 
                such estimated levels of annual funding are based.
    ``(c) Assessment When Nuclear Security Complex Modernization and 
Refurbishment Budget Is Insufficient to Meet Applicable Requirements.--
If the budget for a fiscal year provides for funding of the 
modernization and refurbishment of the nuclear security complex at a 
level that is not sufficient to sustain the requirements specified in 
the plan for that fiscal year under subsection (a), the Administrator 
shall include with the nuclear security budget materials for that 
fiscal year an assessment that describes and discusses the risks and 
implications associated with the ability of the nuclear security 
complex to support the annual certification of the nuclear stockpile of 
the United States and maintain its long-term safety, security, and 
reliability. Such assessment shall be coordinated in advance with the 
Secretary of Defense and the Commander of the United States Strategic 
Command.
    ``(d) Definitions.--In this section:
            ``(1) The term `nuclear security complex' means the 
        physical facilities, technology, and human capital of--
                    ``(A) the national security laboratories;
                    ``(B) the Pantex Plant;
                    ``(C) the Y-12 National Security Complex;
                    ``(D) the Kansas City Plant;
                    ``(E) the Savannah River Site; and
                    ``(F) the Nevada test site.
            ``(2) The term `budget' with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31.
            ``(3) The term `nuclear security budget materials', with 
        respect to a fiscal year, means the materials submitted to 
        Congress by the Administrator for Nuclear Security in support 
        of the budget for that fiscal year.
            ``(4) The term `Quadrennial Defense Review' means the 
        review of the defense programs and policies of the United 
        States that is carried out every four years under section 118 
        of title 10, United States Code.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
the National Nuclear Security Administration Act is amended by 
inserting after the item relating to section 3254 the following new 
item:

``3255. Budgeting for modernization and refurbishment of the nuclear 
                            security complex: annual plan and 
                            certification.''.

                          Subtitle C--Reports

SEC. 3121. COMPTROLLER GENERAL REVIEW OF MANAGEMENT AND OPERATIONS 
              CONTRACT COSTS FOR NATIONAL SECURITY LABORATORIES.

    (a) Review Required.--The Comptroller General shall review the 
effects of the contracts entered into by the Department of Energy in 
2006 and 2007 that provide for the management and operations of the 
covered national laboratories. The review shall include the following:
            (1) A detailed description of the costs related to the 
        transition from the period when the management and operations 
        of the covered national laboratories were performed by the 
        University of California to the period when such management and 
        operations were performed by a covered contractor, including--
                    (A) a description of any continuing differences in 
                the cost structure of the management and operations 
                when performed by the University of California and the 
                cost structure of the management and operations when 
                performed by a covered contractor; and
                    (B) an assessment of the effect of such cost 
                differences on the resources available to support 
                scientific and technical programs at the covered 
                national laboratories.
            (2) A quantitative assessment of the ability of the covered 
        national laboratories to perform other important laboratory 
        functions, including safety, security, and environmental 
        management.
    (b) Report.--Not later than March 1, 2010, the Comptroller General 
shall submit to the congressional defense committees a report on the 
results of the review.
    (c) Definitions.--In this section:
            (1) The term ``covered contractor'' means--
                    (A) with respect to Los Alamos National Laboratory, 
                Los Alamos National Security, LLC; and
                    (B) with respect to Lawrence Livermore National 
                Laboratory, Lawrence Livermore National Security, LLC.
            (2) The term ``covered national laboratories'' means--
                    (A) the Los Alamos National Laboratory; and
                    (B) the Lawrence Livermore National Laboratory.

SEC. 3122. PLAN TO ENSURE CAPABILITY TO MONITOR, ANALYZE, AND EVALUATE 
              FOREIGN NUCLEAR WEAPONS ACTIVITIES.

    (a) Plan.--The Secretary of Energy, in consultation with the 
Director of National Intelligence and the Secretary of Defense, shall 
prepare a plan to ensure that the national laboratories overseen by the 
Department of Energy maintain a robust technical capability to monitor, 
analyze, and evaluate foreign nuclear weapons activities.
    (b) Report.--Not later than February 28, 2010, the Secretary of 
Energy shall submit a report to the appropriate committees of Congress 
describing the plan required under subsection (a) and the resources 
necessary to implement the plan. The report shall be in unclassified 
form, but may include a classified annex.
    (c) Appropriate Committees.--For purposes of this section, the 
appropriate committees of Congress are the following:
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Permanent Select Committee on 
        Intelligence of the House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on Intelligence of the 
        Senate.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2010, 
$26,086,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amount.--There are hereby authorized to be appropriated to the 
Secretary of Energy $23,627,000 for fiscal year 2010 for the purpose of 
carrying out activities under chapter 641 of title 10, United States 
Code, relating to the naval petroleum reserves.
    (b) Period of Availability.--Funds appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2010.
Sec. 3502. 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.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2010.

    Funds are hereby authorized to be appropriated for fiscal year 
2010, to be available without fiscal year limitation if so provided in 
appropriations Acts, for the use of the Department of Transportation 
for the Maritime Administration as follows:
            (1) For expenses necessary for operations and training 
        activities, $152,900,000, of which--
                    (A) $15,391,000 shall remain available until 
                expended for capital improvements at the United States 
                Merchant Marine Academy;
                    (B) $11,240,000 shall remain available until 
                expended for maintenance and repair of training ships 
                of the State Maritime Academies; and
                    (C) $53,208,000 shall be available for operations 
                at the United States Merchant Marine Academy.
            (2) For expenses to maintain a preserve a United States-
        flag merchant fleet to serve the national security needs of the 
        United States under chapter 531 of title 46, United States 
        Code, $174,000,000.
            (3) For expenses to dispose of obsolete vessels in the 
        National Defense Reserve Fleet, $15,000,000.
            (4) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan 
        guarantees under the program authorized by chapter 537 of title 
        46, United States Code, $60,000,000.

SEC. 3502. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE UNITED STATES 
              MERCHANT MARINE ACADEMY.

    The Maritime Administrator may, subject to the availability of 
appropriations, make a lump-sum payment for the accumulated balance of 
unused leave to any former employee of a United States Merchant Marine 
Academy nonappropriated fund instrumentality who was terminated from 
such employment in 2009 or whose position as such an employee was 
converted to the Civil Service in 2009 under authority granted by 
section 3506 of the Duncan Hunter National Defense Authorization Act 
for fiscal year 2009 (Public Law 110-417; 122 Stat. 4356).

SEC. 3503. ADJUNCT PROFESSORS.

    Section 3506 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4356) is 
amended--
            (1) in subsection (a), by striking ``temporary'';
            (2) in subsection (b), by inserting ``and'' after the 
        semicolon at the end of paragraph (1), by striking ``; and'' at 
        the end of paragraph (2) and inserting a period, and by 
        striking paragraph (3); and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Reporting Requirements.--When the authority granted by 
subsection (a) is used to hire an adjunct professor at the Academy, the 
Administrator shall notify the Committee on Armed Services of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, including the need for and the term of 
employment of the adjunct professor.''.

SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM.

    The Congress finds that--
            (1) it is in the national security interest of the United 
        States to foster commercial shipbuilding in the United States;
            (2) the maritime loan guarantee program authorized by 
        chapter 537 or title 46, United States Code, has a long and 
        successful history of facilitating construction of commercial 
        vessels in domestic shipyards;
            (3) the Maritime Loan Guarantee Program strengthens our 
        Nation's industrial base allowing domestic shipyards and their 
        allied service and supply industries to more effectively 
        produce commercial vessels that enhance the commercial sealift 
        capability of the Department of Defense; and
            (4) a revitalized and effective Maritime Loan Guarantee 
        Program would result in construction of a more modern and more 
        numerous fleet of commercial vessels manned by United States 
        citizens, thereby providing a pool of trained United States 
        citizen mariners available to assist the Department of Defense 
        in times of war or national emergency.

SEC. 3505. DEFENSE MEASURES AGAINST UNAUTHORIZED SEIZURES OF MARITIME 
              SECURITY FLEET VESSELS.

    Section 53107(b) of title 46, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(3) Defense measures against unauthorized seizures.--(A) 
        The Emergency Preparedness Agreement for any operating 
        agreement that first takes effect or is renewed after the date 
        of enactment of the National Defense Authorization Act for 
        Fiscal Year 2010 shall require that any vessel operating under 
        the agreement in hazardous carriage shall be equipped with 
        appropriate non-lethal defense measures to protect the vessel, 
        crew, and cargo from unauthorized seizure at sea.
            ``(B) In this paragraph the term `hazardous carriage' means 
        the carriage of cargo for the Department of Defense in an area 
        that is designated by the Coast Guard or the International 
        Maritime Bureau of the International Chamber Of Commerce as an 
        area of high risk of piracy.''.

SEC. 3506. DEFENSE OF VESSELS AND CARGOS AGAINST PIRACY.

    (a) Findings.--Congress finds the following:
            (1) Protecting cargoes owned by the United States 
        Government and transported on United States-flag vessels 
        through an area designated by the Coast Guard or the 
        International Maritime Bureau of the International Chamber of 
        Commerce as an area of high risk of piracy is in our national 
        interest.
            (2) Protecting United States-citizen mariners employed on 
        United States-flag vessels transiting an area designated by the 
        Coast Guard or the International Maritime Bureau of the 
        international Chamber of Commerce as an area of high risk of 
        piracy is in our national interest.
            (3) Weapons and supplies that may be used to support 
        military operations should not fall into the hands of pirates.
    (b) Embarkation of Military Personnel.--The Secretary of Defense 
shall embark military personnel on board a United States-flag vessel 
carrying Government-impelled cargoes if the vessel is--
            (1) operating in an area designated by the Coast Guard or 
        the International Maritime Bureau of the International Chamber 
        of Commerce as an area of high risk of piracy; and
            (2) determined by the Coast Guard to be at risk of being 
        boarded by pirates.
    (c) Limitation on Application.--This section shall not apply with 
respect to an area referred to in subsection (b)(1) on the earlier of--
            (1) September 30, 2011; or
            (2) the date on which the Secretary of Defense notifies the 
        Congress that the Secretary believes that there is not a 
        credible threat to United States-flag vessels carrying 
        Government-impelled cargoes operating in such area.

SEC. 3507. TECHNICAL CORRECTIONS TO STATE MARITIME ACADEMIES STUDENT 
              INCENTIVE PROGRAM.

    (a) Installment Payments.--Section 51509(b) of title 46, United 
States Code, is amended--
            (1) by striking ``and be paid before the start of each 
        academic year, as prescribed by the Secretary,'' and inserting 
        ``and be paid in such installments as the Secretary shall 
        determine'';
            (2) by striking ``academy.'' and inserting ``academy, as 
        prescribed by the Secretary.''.
    (b) Repeal of Redundant Section.--Section 177 of division I of 
Public Law 111-8 (123 Stat. 945; relating to amendments previously 
enacted by section 3503 of division C of Public Law 110-417 (122 Stat. 
4762)) is repealed and shall have no force or effect.

SEC. 3508. LIMITATION ON DISPOSAL OF INTEREST IN CERTAIN VESSELS.

    (a) Limitation.--If the United States acquires any financial 
interest in a covered vessel as a consequence of a default on a loan 
guaranteed for the vessel under chapter 537 of title 46, United States 
Code, no action to dispose of the financial interest may be taken by 
the Maritime Administrator until 180 days after the date the Maritime 
Administrator notifies the Secretary of the Navy that the United States 
has such financial interest.
    (b) Covered Vessel Defined.--In this section the term ``covered 
vessel'' means each of--
            (1) the vessel HUAKAI (United States official number 
        1215902); and
            (2) the vessel ALAKAI (United States official number 
        1182234).

        DIVISION D--DISABLED MILITARY RETIREE RELIEF ACT OF 2009

SEC. 1. SHORT TITLE.

    This division may be cited as the ``Disabled Military Retiree 
Relief Act of 2009''.

SEC. 2. TABLE OF CONTENTS.

    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.
        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.

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.

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

SEC. 102. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
              AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

    (a) Title 10 Authorities.--The following sections of title 10, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 2130a(a)(1), relating to nurse officer 
        candidate accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the 
        Selected Reserve.
    (b) Title 37 Authorities.--The following sections of title 37, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for 
        medical officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.

SEC. 103. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 
              NUCLEAR OFFICERS.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 312(f), relating to special pay for nuclear-
        qualified officers extending period of active service.
            (2) Section 312b(c), relating to nuclear career accession 
        bonus.
            (3) Section 312c(d), relating to nuclear career annual 
        incentive bonus.

SEC. 104. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 
              CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS 
              AUTHORITIES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.
            (4) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (5) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (6) Section 351(i), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(j), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(i), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.

SEC. 105. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
              OTHER TITLE 37 BONUSES AND SPECIAL PAY.

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

SEC. 106. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
              REFERRAL BONUSES.

    The following sections of title 10, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 1030(i), relating to health professions 
        referral bonus.
            (2) Section 3252(h), relating to Army referral bonus.

SEC. 107. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO RECONCILE 
              CONFLICTING AMENDMENTS REGARDING CONTINUED PAYMENT OF 
              BONUSES AND SIMILAR BENEFITS FOR CERTAIN MEMBERS.

    (a) Technical Corrections to Reconcile Conflicting Amendments.--
Section 303a(e) of title 37, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively;
            (3) in paragraph (5), as so redesignated, by striking 
        ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)'';
            (4) by redesignating paragraph (2), as added by section 
        651(b) of the Duncan Hunter National Defense Authorization Act 
        for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as 
        paragraph (3); and
            (5) by redesignating the second subparagraph (B) of 
        paragraph (1), originally added as paragraph (2) by section 
        2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat. 3526) 
        and erroneously designated as subparagraph (B) by section 
        651(a)(3) of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), 
        as paragraph (2).
    (b) Inclusion of Hubbard Act Amendment in Consolidated Special Pay 
and Bonus Authorities.--Section 373(b) of such title is amended--
            (1) in paragraph (2), by striking the paragraph heading and 
        inserting ``Special rule for deceased and disabled members.--
        ''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Special rule for members who receive sole 
        survivorship discharge.--(A) If a member of the uniformed 
        services receives a sole survivorship discharge, the Secretary 
        concerned--
                    ``(i) shall not require repayment by the member of 
                the unearned portion of any bonus, incentive pay, or 
                similar benefit previously paid to the member; and
                    ``(ii) may grant an exception to the requirement to 
                terminate the payment of any unpaid amounts of a bonus, 
                incentive pay, or similar benefit if the Secretary 
                concerned determines that termination of the payment of 
                the unpaid amounts would be contrary to a personnel 
                policy or management objective, would be against equity 
                and good conscience, or would be contrary to the best 
                interests of the United States.
            ``(B) In this paragraph, the term `sole survivorship 
        discharge' means the separation of a member from the Armed 
        Forces, at the request of the member, pursuant to the 
        Department of Defense policy permitting the early separation of 
        a member who is the only surviving child in a family in which--
                    ``(i) the father or mother or one or more 
                siblings--
                            ``(I) served in the Armed Forces; and
                            ``(II) was killed, died as a result of 
                        wounds, accident, or disease, is in a captured 
                        or missing in action status, or is permanently 
                        100 percent disabled or hospitalized on a 
                        continuing basis (and is not employed gainfully 
                        because of the disability or hospitalization); 
                        and
                    ``(ii) the death, status, or disability did not 
                result from the intentional misconduct or willful 
                neglect of the parent or sibling and was not incurred 
                during a period of unauthorized absence.''.

                    Subtitle B--Retired Pay Benefits

SEC. 111. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED GRADE 
              OF RESERVE RETIREES TO REFLECT SERVICE AFTER RETIREMENT.

    (a) Recomputation of Retired Pay.--Section 12739 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(e)(1) If a member of the Retired Reserve is recalled to an 
active status in the Selected Reserve of the Ready Reserve under 
section 10145(d) of this title and completes not less than two years of 
service in such active status, the member is entitled to the 
recomputation under this section of the retired pay of the member.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant 
        general required under section 314 of title 32 or in a position 
        of assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least 6 months of service in such 
        position; and
            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position 
        is terminated or vacated as described in section 324(b) of 
        title 32.''.
    (b) Adjustment of Retired Grade.--Section 12771 of such title is 
amended--
            (1) by striking ``Unless'' and inserting ``(a) Grade on 
        Transfer.--Unless''; and
            (2) by adding at the end the following new subsection:
    ``(b) Effect of Subsequent Recall to Active Status.--(1) If a 
member of the Retired Reserve who is a commissioned officer is recalled 
to an active status in the Selected Reserve of the Ready Reserve under 
section 10145(d) of this title and completes not less than two years of 
service in such active status, the member is entitled to an adjustment 
in the retired grade of the member in the manner provided in section 
1370(d) of this title.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant 
        general required under section 314 of title 32 or in a position 
        of assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least 6 months of service in such 
        position; and
            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position 
        is terminated or vacated as described in section 324(b) of 
        title 32.''.
    (c) Retroactive Applicability.--The amendments made by this section 
shall take effect as of January 1, 2008.

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.

    (a) Election Authority; Requirements.--Subsection (a) of section 
12741 of title 10, United States Code, is amended to read as follows:
    ``(a) Authority to Elect to Receive Reserve Retired Pay.--(1) 
Notwithstanding the requirement in paragraph (4) of section 12731(a) of 
this title that a person may not receive retired pay under this chapter 
when the person is entitled, under any other provision of law, to 
retired pay or retainer pay, a person may elect to receive retired pay 
under this chapter, instead of receiving retired or retainer pay under 
chapter 65, 367, 571, or 867 of this title, if the person--
            ``(A) satisfies the requirements specified in paragraphs 
        (1) and (2) of such section for entitlement to retired pay 
        under this chapter;
            ``(B) served in an active status in the Selected Reserve of 
        the Ready Reserve after becoming eligible for retirement under 
        chapter 65, 367, 571, or 867 of this title (without regard to 
        whether the person actually retired or received retired or 
        retainer pay under one of those chapters); and
            ``(C) completed not less than two years of satisfactory 
        service (as determined by the Secretary concerned) in such 
        active status (excluding any period of active service).
    ``(2) The Secretary concerned may reduce the minimum two-year 
service requirement specified in paragraph (1)(C) in the case of a 
person who--
            ``(A) completed at least 6 months of service in a position 
        of adjutant general required under section 314 of title 32 or 
        in a position of assistant adjutant general subordinate to such 
        a position of adjutant general; and
            ``(B) failed to complete the minimum years of service 
        solely because the appointment of the person to such position 
        was terminated or vacated as described in section 324(b) of 
        title 32.''.
    (b) Actions to Effectuate Election.--Subsection (b) of such section 
is amended by striking paragraph (1) and inserting the following new 
paragraph:
            ``(1) terminate the eligibility of the person to retire 
        under chapter 65, 367, 571, or 867 of this title, if the person 
        is not already retired under one of those chapters, and 
        terminate entitlement of the person to retired or retainer pay 
        under one of those chapters, if the person was already 
        receiving retired or retainer pay under one of those chapters; 
        and''.
    (c) Conforming Amendment to Reflect New Variable Age Requirement 
for Retirement.--Subsection (d) of such section is amended--
            (1) in paragraph (1), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under section 12731(f) of this title''; and
            (2) in paragraph (2)(A), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under such section''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading for section 12741 of such 
        title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed in 
              the Selected Reserve of the Ready Reserve after 
              eligibility for regular retirement''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 1223 of such title is amended by striking 
        the item relating to section 12741 and inserting the following 
        new item:

``12741. Retirement for service in an active status performed in the 
                            Selected Reserve of the Ready Reserve after 
                            eligibility for regular retirement.''.
    (e) Retroactive Applicability.--The amendments made by this section 
shall take effect as of January 1, 2008.

 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.

    (a) Phased Expansion Concurrent Receipt.--Subsection (a) of section 
1414 of title 10, United States Code, is amended to read as follows:
    ``(a) Payment of Both Retired Pay and Disability Compensation.--
            ``(1) Payment of both required.--
                    ``(A) In general.--Subject to subsection (b), a 
                member or former member of the uniformed services who 
                is entitled for any month to retired pay and who is 
                also entitled for that month to veterans' disability 
                compensation for a qualifying service-connected 
                disability (in this section referred to as a `qualified 
                retiree') is entitled to be paid both for that month 
                without regard to sections 5304 and 5305 of title 38.
                    ``(B) Applicability of full concurrent receipt 
                phase-in requirement.--During the period beginning on 
                January 1, 2004, and ending on December 31, 2013, 
                payment of retired pay to a qualified retiree is 
                subject to subsection (c).
                    ``(C) Phase-in exception for 100 percent disabled 
                retirees.--The payment of retired pay is subject to 
                subsection (c) only during the period beginning on 
                January 1, 2004, and ending on December 31, 2004, in 
                the case of the following qualified retirees:
                            ``(i) A qualified retiree receiving 
                        veterans' disability compensation for a 
                        disability rated as 100 percent.
                            ``(ii) A qualified retiree receiving 
                        veterans' disability compensation at the rate 
                        payable for a 100 percent disability by reason 
                        of a determination of individual 
                        unemployability.
                    ``(D) Temporary phase-in exception for certain 
                chapter 61 disability retirees; termination.--Subject 
                to subsection (b), during the period beginning on 
                January 1, 2010, and ending on September 30, 2010, 
                subsection (c) shall not apply to a qualified retiree 
                described in subparagraph (B) or (C) of paragraph (2).
            ``(2) Qualifying service-connected disability defined.--In 
        this section, the term `qualifying service-connected 
        disability' means the following:
                    ``(A) In the case of a member or former member 
                receiving retired pay under any provision of law other 
                than chapter 61 of this title, or under chapter 61 with 
                20 years or more of service otherwise creditable under 
                section 1405 or computed under section 12732 of this 
                title, a service-connected disability or combination of 
                service-connected disabilities that is rated as not 
                less than 50 percent disabling by the Secretary of 
                Veterans Affairs.
                    ``(B) In the case of a member or former member 
                receiving retired pay under chapter 61 of this title 
                with less than 20 years of service otherwise creditable 
                under section 1405 or computed under section 12732 of 
                this title, a service-connected disability or 
                combination of service-connected disabilities that is 
                rated by the Secretary of Veterans Affairs at the 
                disabling level specified in one of the following 
                clauses (and, subject to paragraph (3), is effective on 
                or after the date specified in the applicable clause):
                            ``(i) January 1, 2010, rated 100 percent, 
                        or a rate payable at 100 percent by reason of 
                        individual unemployability or rated 90 percent.
                            ``(ii) January 1, 2011, rated 80 percent or 
                        70 percent.
                            ``(iii) January 1, 2012, rated 60 percent 
                        or 50 percent.
                    ``(C) In the case of a member or former member 
                receiving retired pay under chapter 61 regardless of 
                years of service, a service-connected disability or 
                combination of service-connected disabilities that is 
                rated by the Secretary of Veterans Affairs at the 
                disabling level specified in one of the following 
                clauses (and, subject to paragraph (3), is effective on 
                or after the date specified in the applicable clause):
                            ``(i) January 1, 2013, rated 40 percent or 
                        30 percent.
                            ``(ii) January 1, 2014, any rating.
            ``(3) Limited duration.--Notwithstanding the effective date 
        specified in each clause of subparagraphs (B) and (C) of 
        paragraph (2), the clause shall apply only if the termination 
        date specified in subparagraph (D) of paragraph (1) occurs 
        during or after the calendar year specified in the clause, 
        except that, eligibility may not extend beyond the termination 
        date.''.
    (b) Conforming Amendment to Special Rules for Chapter 61 Disability 
Retirees.--Subsection (b) of such section is amended to read as 
follows:
    ``(b) Special Rules for Chapter 61 Disability Retirees When 
Eligibility Has Been Established for Such Retirees.--
            ``(1) General reduction rule.--The retired pay of a member 
        retired under chapter 61 of this title is subject to reduction 
        under sections 5304 and 5305 of title 38, but only to the 
        extent that the amount of the members retired pay under chapter 
        61 of this title exceeds the amount of retired pay to which the 
        member would have been entitled under any other provision of 
        law based upon the member's service in the uniformed services 
        if the member had not been retired under chapter 61 of this 
        title.
            ``(2) Retirees with fewer than 20 years of service.--
                    ``(A) Before termination date.--If a member with a 
                qualifying service-connected disability (as defined in 
                subsection (a)(2)) is retired under chapter 61 of this 
                title with fewer than 20 years of creditable service 
                otherwise creditable under section 1405 or computed 
                under section 12732 of this title, and the termination 
                date specified in subsection (a)(1)(D) has not 
                occurred, the retired pay of the member is subject to 
                reduction under sections 5304 and 5305 of title 38, but 
                only to the extent that the amount of the member's 
                retired pay under chapter 61 of this title exceeds the 
                amount equal to 2\1/2\ percent of the member's years of 
                creditable service multiplied by the member's retired 
                pay base under section 1406(b)(1) or 1407 of this 
                title, whichever is applicable to the member.
                    ``(B) After termination date.--Subsection (a) does 
                not apply to a member retired under chapter 61 of this 
                title with less than 20 years of service otherwise 
                creditable under section 1405 of this title, or with 
                less than 20 years of service computed under section 
                12732 of this title, at the time of the retirement of 
                the member if the termination date in paragraph (1)(D) 
                of such subsection has occurred.''.
    (c) Conforming Amendment to Full Concurrent Receipt Phase-in.--
Subsection (c) of such section is amended by striking ``the second 
sentence of''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 1414. Concurrent receipt of retired pay and veterans' disability 
              compensation''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 71 of such title is amended by striking 
        the item related to section 1414 and inserting the following 
        new item:

``1414. Concurrent receipt of retired pay and veterans' disability 
                            compensation.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2010.

                  TITLE II--FEDERAL EMPLOYEE BENEFITS

                     Subtitle A--General Provisions

SEC. 201. CREDIT FOR UNUSED SICK LEAVE.

    (a) In General.--Section 8415 of title 5, United States Code, is 
amended--
            (1) by redesignating the second subsection (k) and 
        subsection (l) as subsections (l) and (m), respectively; and
            (2) in subsection (l) (as so redesignated by paragraph 
        (1))--
                    (A) by striking ``(l) In computing'' and inserting 
                ``(l)(1) In computing''; and
                    (B) by adding at the end the following:
    ``(2) Except as provided in paragraph (1), in computing an annuity 
under this subchapter, the total service of an employee who retires on 
an immediate annuity or who dies leaving a survivor or survivors 
entitled to annuity includes the days of unused sick leave to his 
credit under a formal leave system and for which days the employee has 
not received payment, except that these days will not be counted in 
determining average pay or annuity eligibility under this subchapter. 
For purposes of this subsection, in the case of any such employee who 
is excepted from subchapter I of chapter 63 under section 6301(2)(x) 
through (xiii), the days of unused sick leave to his credit include any 
unused sick leave standing to his credit when he was excepted from such 
subchapter.''.
    (b) Exception From Deposit Requirement.--Section 8422(d)(2) of 
title 5, United States Code, is amended by striking ``section 8415(k)'' 
and inserting ``paragraph (1) or (2) of section 8415(l)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to annuities computed based on separations occurring 
on or after the date of enactment of this Act.

SEC. 202. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS ELIGIBLE TO 
              RECEIVE AN ACTUARIALLY REDUCED ANNUITY UNDER THE CIVIL 
              SERVICE RETIREMENT SYSTEM.

    (a) In General.--Section 8334(d)(2)(A)(i) of title 5, United States 
Code, is amended by striking ``October 1, 1990'' each place it appears 
and inserting ``March 1, 1991''.
    (b) Applicability.--The amendment made by subsection (a) shall be 
effective with respect to any annuity, entitlement to which is based on 
a separation from service occurring on or after the date of enactment 
of this Act.

SEC. 203. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME SERVICE.

    (a) In General.--Section 8339(p) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(3) In the administration of paragraph (1)--
            ``(A) subparagraph (A) of such paragraph shall apply with 
        respect to service performed before, on, or after April 7, 
        1986; and
            ``(B) subparagraph (B) of such paragraph--
                    ``(i) shall apply with respect to that portion of 
                any annuity which is attributable to service performed 
                on or after April 7, 1986; and
                    ``(ii) shall not apply with respect to that portion 
                of any annuity which is attributable to service 
                performed before April 7, 1986.''.
    (b) Applicability.--The amendment made by subsection (a) shall be 
effective with respect to any annuity, entitlement to which is based on 
a separation from service occurring on or after the date of enactment 
of this Act.

SEC. 204. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

    (a) Deposit Authority.--Section 8422 of title 5, United States 
Code, is amended by adding at the end the following:
    ``(i)(1) Each employee or Member who has received a refund of 
retirement deductions under this or any other retirement system 
established for employees of the Government covering service for which 
such employee or Member may be allowed credit under this chapter may 
deposit the amount received, with interest. Credit may not be allowed 
for the service covered by the refund until the deposit is made.
    ``(2) Interest under this subsection shall be computed in 
accordance with paragraphs (2) and (3) of section 8334(e) and 
regulations prescribed by the Office. The option under the third 
sentence of section 8334(e)(2) to make a deposit in one or more 
installments shall apply to deposits under this subsection.
    ``(3) For the purpose of survivor annuities, deposits authorized by 
this subsection may also be made by a survivor of an employee or 
Member.''.
    (b) Technical and Conforming Amendments.--
            (1) Definitional amendment.--Section 8401(19)(C) of title 
        5, United States Code, is amended by striking ``8411(f);'' and 
        inserting ``8411(f) or 8422(i);''.
            (2) Crediting of deposits.--Section 8422(c) of title 5, 
        United States Code, is amended by adding at the end the 
        following: ``Deposits made by an employee, Member, or survivor 
        also shall be credited to the Fund.''.
            (3) Section heading.--(A) The heading for section 8422 of 
        title 5, United States Code, is amended to read as follows:
``Sec. 8422. Deductions from pay; contributions for other service; 
              deposits''.
            (B) The analysis for chapter 84 of title 5, United States 
        Code, is amended by striking the item relating to section 8422 
        and inserting the following:

``8422. Deductions from pay; contributions for other service; 
                            deposits.''.
            (4) Restoration of annuity rights.--The last sentence of 
        section 8424(a) of title 5, United States Code, is amended by 
        striking ``based.'' and inserting ``based, until the employee 
        or Member is reemployed in the service subject to this 
        chapter.''.

SEC. 205. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
              TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE TO FEDERAL 
              SERVICE.

    (a) Retirement Credit.--
            (1) In general.--Any individual who is treated as an 
        employee of the Federal Government for purposes of chapter 83 
        or chapter 84 of title 5, United States Code, on or after the 
        date of enactment of this Act who performed qualifying District 
        of Columbia service shall be entitled to have such service 
        included in calculating the individual's creditable service 
        under section 8332 or 8411 of title 5, United States Code, but 
        only for purposes of the following provisions of such title:
                    (A) Sections 8333 and 8410 (relating to eligibility 
                for annuity).
                    (B) Sections 8336 (other than subsections (d), (h), 
                and (p) thereof) and 8412 (relating to immediate 
                retirement).
                    (C) Sections 8338 and 8413 (relating to deferred 
                retirement).
                    (D) Sections 8336(d), 8336(h), 8336(p), and 8414 
                (relating to early retirement).
                    (E) Section 8341 and subchapter IV of chapter 84 
                (relating to survivor annuities).
                    (F) Section 8337 and subchapter V of chapter 84 
                (relating to disability benefits).
            (2) Treatment of detention officer service as law 
        enforcement officer service.--Any portion of an individual's 
        qualifying District of Columbia service which consisted of 
        service as a detention officer under section 2604(2) of the 
        District of Columbia Government Comprehensive Merit Personnel 
        Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
        treated as service as a law enforcement officer under sections 
        8331(20) or 8401(17) of title 5, United States Code, for 
        purposes of applying paragraph (1) with respect to the 
        individual.
            (3) Service not included in computing amount of any 
        annuity.--Qualifying District of Columbia service shall not be 
        taken into account for purposes of computing the amount of any 
        benefit payable out of the Civil Service Retirement and 
        Disability Fund.
    (b) Qualifying District of Columbia Service Defined.--In this 
section, ``qualifying District of Columbia service'' means any of the 
following:
            (1) Service performed by an individual as a nonjudicial 
        employee of the District of Columbia courts--
                    (A) which was performed prior to the effective date 
                of the amendments made by section 11246(b) of the 
                Balanced Budget Act of 1997; and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code 
                (other than by virtue of section 8331(1)(iv) of such 
                title).
            (2) Service performed by an individual as an employee of an 
        entity of the District of Columbia government whose functions 
        were transferred to the Pretrial Services, Parole, Adult 
        Supervision, and Offender Supervision Trustee under section 
        11232 of the Balanced Budget Act of 1997--
                    (A) which was performed prior to the effective date 
                of the individual's coverage as an employee of the 
                Federal Government under section 11232(f) of such Act; 
                and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code 
                (other than by virtue of section 8331(1)(iv) of such 
                title).
            (3) Service performed by an individual as an employee of 
        the District of Columbia Public Defender Service--
                    (A) which was performed prior to the effective date 
                of the amendments made by section 7(e) of the District 
                of Columbia Courts and Justice Technical Corrections 
                Act of 1998; and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code 
                (other than by virtue of section 8331(1)(iv) of such 
                title).
            (4) In the case of an individual who was an employee of the 
        District of Columbia Department of Corrections who was 
        separated from service as a result of the closing of the Lorton 
        Correctional Complex and who was appointed to a position with 
        the Bureau of Prisons, the District of Columbia courts, the 
        Pretrial Services, Parole, Adult Supervision, and Offender 
        Supervision Trustee, the United States Parole Commission, or 
        the District of Columbia Public Defender Service, service 
        performed by the individual as an employee of the District of 
        Columbia Department of Corrections--
                    (A) which was performed prior to the effective date 
                of the individual's coverage as an employee of the 
                Federal Government; and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code 
                (other than by virtue of section 8331(1)(iv) of such 
                title).
    (c) Certification of Service.--The Office of Personnel Management 
shall accept the certification of the appropriate personnel official of 
the government of the District of Columbia or other independent 
employing entity concerning whether an individual performed qualifying 
District of Columbia service and the length of the period of such 
service the individual performed.

        Subtitle B--Non-Foreign Area Retirement Equity Assurance

SEC. 211. SHORT TITLE.

    This subtitle may be cited as the ``Non-Foreign Area Retirement 
Equity Assurance Act of 2009'' or the ``Non-Foreign AREA Act of 2009''.

SEC. 212. EXTENSION OF LOCALITY PAY.

    (a) Locality-based Comparability Payments.--Section 5304 of title 
5, United States Code, is amended--
            (1) in subsection (f)(1), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) each General Schedule position in the United 
                States, as defined under section 5921(4), and its 
                territories and possessions, including the Commonwealth 
                of Puerto Rico and the Commonwealth of the Northern 
                Mariana Islands, shall be included within a pay 
                locality;'';
            (2) in subsection (g)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (B) by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding after subparagraph (B) the 
                        following:
                    ``(C) positions under subsection (h)(1)(C) not 
                covered by appraisal systems certified under section 
                5382; and''; and
                    (B) by adding at the end the following:
            ``(3) The applicable maximum under this subsection shall be 
        level II of the Executive Schedule for positions under 
        subsection (h)(1)(C) covered by appraisal systems certified 
        under section 5307(d).''; and
            (3) in subsection (h)(1)--
                    (A) in subparagraph (B) by striking ``and'' after 
                the semicolon;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D);
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) a Senior Executive Service position under 
                section 3132 or 3151 or a senior level position under 
                section 5376 stationed within the United States, but 
                outside the 48 contiguous States and the District of 
                Columbia in which the incumbent was an individual who 
                on the day before the date of enactment of the Non-
                Foreign Area Retirement Equity Assurance Act of 2009 
                was eligible to receive a cost-of-living allowance 
                under section 5941; and'';
                    (D) in clause (iv) in the matter following 
                subparagraph (D), by inserting ``, except for members 
                covered by subparagraph (C)'' before the semicolon; and
                    (E) in clause (v) in the matter following 
                subparagraph (D), by inserting ``, except for members 
                covered by subparagraph (C)'' before the semicolon.
    (b) Allowances Based on Living Costs and Conditions of 
Environment.--Section 5941 of title 5, United States Code, is amended--
            (1) in subsection (a), by adding after the last sentence 
        ``Notwithstanding any preceding provision of this subsection, 
        the cost-of-living allowance rate based on paragraph (1) shall 
        be the cost-of-living allowance rate in effect on the date of 
        enactment of the Non-Foreign Area Retirement Equity Assurance 
        Act of 2009, except as adjusted under subsection (c).'';
            (2) by redesignating subsection (b) as subsection (d); and
            (3) by inserting after subsection (a) the following:
    ``(b) This section shall apply only to areas that are designated as 
cost-of-living allowance areas as in effect on December 31, 2009.
    ``(c)(1) The cost-of-living allowance rate payable under this 
section shall be adjusted on the first day of the first applicable pay 
period beginning on or after--
            ``(A) January 1, 2010; and
            ``(B) January 1 of each calendar year in which a locality-
        based comparability adjustment takes effect under section 214 
        (2) and (3) of the Non-Foreign Area Retirement Equity Assurance 
        Act of 2009.
    ``(2)(A) In this paragraph, the term `applicable locality-based 
comparability pay percentage' means, with respect to calendar year 2010 
and each calendar year thereafter, the applicable percentage under 
section 214 (1), (2), or (3) of Non-Foreign Area Retirement Equity 
Assurance Act of 2009.
    ``(B) Each adjusted cost-of-living allowance rate under paragraph 
(1) shall be computed by--
            ``(i) subtracting 65 percent of the applicable locality-
        based comparability pay percentage from the cost-of-living 
        allowance percentage rate in effect on December 31, 2009; and
            ``(ii) dividing the resulting percentage determined under 
        clause (i) by the sum of--
                    ``(I) one; and
                    ``(II) the applicable locality-based comparability 
                payment percentage expressed as a numeral.
    ``(3) No allowance rate computed under paragraph (2) may be less 
than zero.
    ``(4) Each allowance rate computed under paragraph (2) shall be 
paid as a percentage of basic pay (including any applicable locality-
based comparability payment under section 5304 or similar provision of 
law and any applicable special rate of pay under section 5305 or 
similar provision of law).''.

SEC. 213. ADJUSTMENT OF SPECIAL RATES.

    (a) In General.--Each special rate of pay established under section 
5305 of title 5, United States Code, and payable in an area designated 
as a cost-of-living allowance area under section 5941(a) of that title, 
shall be adjusted, on the dates prescribed by section 214 of this 
subtitle, in accordance with regulations prescribed by the Director of 
the Office of Personnel Management under section 218 of this subtitle.
    (b) Agencies With Statutory Authority.--
            (1) In general.--Each special rate of pay established under 
        an authority described under paragraph (2) and payable in a 
        location designated as a cost-of-living allowance area under 
        section 5941(a)(1) of title 5, United States Code, shall be 
        adjusted in accordance with regulations prescribed by the 
        applicable head of the agency that are consistent with the 
        regulations issued by the Director of the Office of Personnel 
        Management under subsection (a).
            (2) Statutory authority.--The authority referred to under 
        paragraph (1), is any statutory authority that--
                    (A) is similar to the authority exercised under 
                section 5305 of title 5, United States Code;
                    (B) is exercised by the head of an agency when the 
                head of the agency determines it to be necessary in 
                order to obtain or retain the services of persons 
                specified by statute; and
                    (C) authorizes the head of the agency to increase 
                the minimum, intermediate, or maximum rates of basic 
                pay authorized under applicable statutes and 
                regulations.
    (c) Temporary Adjustment.--Regulations issued under subsection (a) 
or (b) may provide that statutory limitations on the amount of such 
special rates may be temporarily raised to a higher level during the 
transition period described in section 214 ending on the first day of 
the first pay period beginning on or after January 1, 2012, at which 
time any special rate of pay in excess of the applicable limitation 
shall be converted to a retained rate under section 5363 of title 5, 
United States Code.

SEC. 214. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY 
              PAYMENTS.

    Notwithstanding any other provision of this subtitle or section 
5304 or 5304a of title 5, United States Code, in implementing the 
amendments made by this subtitle, for each non-foreign area determined 
under section 5941(b) of that title, the applicable rate for the 
locality-based comparability adjustment that is used in the computation 
required under section 5941(c) of that title shall be adjusted 
effective on the first day of the first pay period beginning on or 
after January 1--
            (1) in calendar year 2010, by using \1/3\ of the locality 
        pay percentage for the rest of United States locality pay area;
            (2) in calendar year 2011, by using \2/3\ of the otherwise 
        applicable comparability payment approved by the President for 
        each non-foreign area; and
            (3) in calendar year 2012 and each subsequent year, by 
        using the full amount of the applicable comparability payment 
        approved by the President for each non-foreign area.

SEC. 215. SAVINGS PROVISION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the application of this subtitle to any employee should 
        not result in a decrease in the take home pay of that employee;
            (2) in calendar year 2012 and each subsequent year, no 
        employee shall receive less than the Rest of the U.S. locality 
        pay rate;
            (3) concurrent with the surveys next conducted under the 
        provisions of section 5304(d)(1)(A) of title 5, United States 
        Code, beginning after the date of the enactment of this Act, 
        the Bureau of Labor Statistics should conduct separate surveys 
        to determine the extent of any pay disparity (as defined by 
        section 5302 of that title) that may exist with respect to 
        positions located in the State of Alaska, the State of Hawaii, 
        and the United States territories, including American Samoa, 
        Guam, Commonwealth of the Northern Mariana Islands, 
        Commonwealth of Puerto Rico, and the United States Virgin 
        Islands;
            (4) if the surveys under paragraph (3) indicate that the 
        pay disparity determined for the State of Alaska, the State of 
        Hawaii, or any 1 of the United States territories including 
        American Samoa, Guam, Commonwealth of the Northern Mariana 
        Islands, Commonwealth of Puerto Rico, and the United States 
        Virgin Islands exceeds the pay disparity determined for the 
        locality which (for purposes of section 5304 of that title) is 
        commonly known as the ``Rest of the United States'', the 
        President's Pay Agent should take appropriate measures to 
        provide that each such surveyed area be treated as a separate 
        pay locality for purposes of that section; and
            (5) the President's Pay Agent will establish 1 locality 
        area for the entire State of Hawaii and 1 locality area for the 
        entire State of Alaska.
    (b) Savings Provisions.--
            (1) In general.--During the period described under section 
        214 of this subtitle, an employee paid a special rate under 
        5305 of title 5, United States Code, who the day before the 
        date of enactment of this Act was eligible to receive a cost-
        of-living allowance under section 5941 of title 5, United 
        States Code, and who continues to be officially stationed in an 
        allowance area, shall receive an increase in the employee's 
        special rate consistent with increases in the applicable 
        special rate schedule. For employees in allowance areas, the 
        minimum step rate for any grade of a special rate schedule 
        shall be increased at the time of an increase in the applicable 
        locality rate percentage for the allowance area by not less 
        than the dollar increase in the locality-based comparability 
        payment for a non-special rate employee at the same minimum 
        step provided under section 214 of this subtitle, and 
        corresponding increases shall be provided for all step rates of 
        the given pay range.
            (2) Continuation of cost of living allowance rate.--If an 
        employee, who the day before the date of enactment of this Act 
        was eligible to receive a cost-of-living allowance under 
        section 5941 of title 5, United States Code, would receive a 
        rate of basic pay and applicable locality-based comparability 
        payment which is in excess of the maximum rate limitation set 
        under section 5304(g) of title 5, United States Code, for his 
        position (but for that maximum rate limitation) due to the 
        operation of this subtitle, the employee shall continue to 
        receive the cost-of-living allowance rate in effect on December 
        31, 2009 without adjustment until--
                    (A) the employee leaves the allowance area or pay 
                system; or
                    (B) the employee is entitled to receive basic pay 
                (including any applicable locality-based comparability 
                payment or similar supplement) at a higher rate,
        but, when any such position becomes vacant, the pay of any 
        subsequent appointee thereto shall be fixed in the manner 
        provided by applicable law and regulation.
            (3) Locality-based comparability payments.--Any employee 
        covered under paragraph (2) shall receive any applicable 
        locality-based comparability payment extended under section 214 
        of this subtitle which is not in excess of the maximum rate set 
        under section 5304(g) of title 5, United States Code, for his 
        position including any future increase to statutory pay 
        limitations under 5318 of title 5, United States Code. 
        Notwithstanding paragraph (2), to the extent that an employee 
        covered under that paragraph receives any amount of locality-
        based comparability payment, the cost-of-living allowance rate 
        under that paragraph shall be reduced accordingly, as provided 
        under section 5941(c)(2)(B) of title 5, United States Code.

SEC. 216. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

    (a) In General.--
            (1) Definition.--In this subsection, the term ``covered 
        employee'' means--
                    (A) any employee who--
                            (i) on the day before the date of enactment 
                        of this Act--
                                    (I) was eligible to be paid a cost-
                                of-living allowance under 5941 of title 
                                5, United States Code; and
                                    (II) was not eligible to be paid 
                                locality-based comparability payments 
                                under 5304 or 5304a of that title; or
                            (ii) on or after the date of enactment of 
                        this Act becomes eligible to be paid a cost-of-
                        living allowance under 5941 of title 5, United 
                        States Code; or
                    (B) any employee who--
                            (i) on the day before the date of enactment 
                        of this Act--
                                    (I) was eligible to be paid an 
                                allowance under section 1603(b) of 
                                title 10, United States Code;
                                    (II) was eligible to be paid an 
                                allowance under section 1005(b) of 
                                title 39, United States Code;
                                    (III) was employed by the 
                                Transportation Security Administration 
                                of the Department of Homeland Security 
                                and was eligible to be paid an 
                                allowance based on section 5941 of 
                                title 5, United States Code; or
                                    (IV) was eligible to be paid under 
                                any other authority a cost-of-living 
                                allowance that is equivalent to the 
                                cost-of-living allowance under section 
                                5941 of title 5, United States Code; or
                            (ii) on or after the date of enactment of 
                        this Act--
                                    (I) becomes eligible to be paid an 
                                allowance under section 1603(b) of 
                                title 10, United States Code;
                                    (II) becomes eligible to be paid an 
                                allowance under section 1005(b) of 
                                title 39, United States Code;
                                    (III) is employed by the 
                                Transportation Security Administration 
                                of the Department of Homeland Security 
                                and becomes eligible to be paid an 
                                allowance based on section 5941 of 
                                title 5, United States Code; or
                                    (IV) is eligible to be paid under 
                                any other authority a cost-of-living 
                                allowance that is equivalent to the 
                                cost-of-living allowance under section 
                                5941 of title 5, United States Code.
            (2) Application to covered employees.--
                    (A) In general.--Notwithstanding any other 
                provision of law, for purposes of this subtitle 
                (including the amendments made by this subtitle) any 
                covered employee shall be treated as an employee to 
                whom section 5941 of title 5, United States Code (as 
                amended by section 212 of this subtitle), and section 
                214 of this subtitle apply.
                    (B) Pay fixed by statute.--Pay to covered employees 
                under section 5304 or 5304a of title 5, United States 
                Code, as a result of the application of this subtitle 
                shall be considered to be fixed by statute.
                    (C) Performance appraisal system.--With respect to 
                a covered employee who is subject to a performance 
                appraisal system no part of pay attributable to 
                locality-based comparability payments as a result of 
                the application of this subtitle including section 5941 
                of title 5, United States Code (as amended by section 
                212 of this subtitle), may be reduced on the basis of 
                the performance of that employee.
    (b) Postal Employees in Non-foreign Areas.--
            (1) In general.--Section 1005(b) of title 39, United States 
        Code, is amended--
                    (A) by inserting ``(1)'' after ``(b)'';
                    (B) by striking ``Section 5941,'' and inserting 
                ``Except as provided under paragraph (2), section 
                5941'';
                    (C) by striking ``For purposes of such section,'' 
                and inserting ``Except as provided under paragraph (2), 
                for purposes of section 5941 of that title,''; and
                    (D) by adding at the end the following:
            ``(2) On and after the date of enactment of the Non-Foreign 
        Area Retirement Equity Assurance Act of 2009--
                    ``(A) the provisions of that Act and section 5941 
                of title 5 shall apply to officers and employees 
                covered by section 1003 (b) and (c) whose duty station 
                is in a nonforeign area; and
                    ``(B) with respect to officers and employees of the 
                Postal Service (other than those officers and employees 
                described under subparagraph (A)) of section 216(b)(2) 
                of that Act shall apply.''.
            (2) Continuation of cost of living allowance.--
                    (A) In general.--Notwithstanding any other 
                provision of this subtitle, any employee of the Postal 
                Service (other than an employee covered by section 1003 
                (b) and (c) of title 39, United States Code, whose duty 
                station is in a nonforeign area) who is paid an 
                allowance under section 1005(b) of that title shall be 
                treated for all purposes as if the provisions of this 
                subtitle (including the amendments made by this 
                subtitle) had not been enacted, except that the cost-
                of-living allowance rate paid to that employee--
                            (i) may result in the allowance exceeding 
                        25 percent of the rate of basic pay of that 
                        employee; and
                            (ii) shall be the greater of--
                                    (I) the cost-of-living allowance 
                                rate in effect on December 31, 2009 for 
                                the applicable area; or
                                    (II) the applicable locality-based 
                                comparability pay percentage under 
                                section 214.
                    (B) Rule of construction.--Nothing in this subtitle 
                shall be construed to--
                            (i) provide for an employee described under 
                        subparagraph (A) to be a covered employee as 
                        defined under subsection (a); or
                            (ii) authorize an employee described under 
                        subparagraph (A) to file an election under 
                        section 217 of this subtitle.

SEC. 217. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY 
              EMPLOYEES.

    (a) Definition.--In this section the term ``covered employee'' 
means any employee--
            (1) to whom section 214 applies;
            (2) who is separated from service by reason of retirement 
        under chapter 83 or 84 of title 5, United States Code, during 
        the period of January 1, 2010, through December 31, 2012; and
            (3) who files an election with the Office of Personnel 
        Management under subsection (b).
    (b) Election.--
            (1) In general.--An employee described under subsection (a) 
        (1) and (2) may file an election with the Office of Personnel 
        Management to be covered under this section.
            (2) Deadline.--An election under this subsection may be 
        filed not later than December 31, 2012.
    (c) Computation of Annuity.--
            (1) In general.--Except as provided under paragraph (2), 
        for purposes of the computation of an annuity of a covered 
        employee any cost-of-living allowance under section 5941 of 
        title 5, United States Code, paid to that employee during the 
        first applicable pay period beginning on or after January 1, 
        2010 through the first applicable pay period ending on or after 
        December 31, 2012, shall be considered basic pay as defined 
        under section 8331(3) or 8401(4) of that title.
            (2) Limitation.--The amount of the cost-of-living allowance 
        which may be considered basic pay under paragraph (1) may not 
        exceed the amount of the locality-based comparability payments 
        the employee would have received during that period for the 
        applicable pay area if the limitation under section 214 of this 
        subtitle did not apply.
    (d) Civil Service Retirement and Disability Retirement Fund.--
            (1) Employee contributions.--A covered employee shall pay 
        into the Civil Service Retirement and Disability Retirement 
        Fund--
                    (A) an amount equal to the difference between--
                            (i) employee contributions that would have 
                        been deducted and withheld from pay under 
                        section 8334 or 8422 of title 5, United States 
                        Code, during the period described under 
                        subsection (c) of this section if the cost-of-
                        living allowances described under that 
                        subsection had been treated as basic pay under 
                        section 8331(3) or 8401(4) of title 5, United 
                        States Code; and
                            (ii) employee contributions that were 
                        actually deducted and withheld from pay under 
                        section 8334 or 8422 of title 5, United States 
                        Code, during that period; and
                    (B) interest as prescribed under section 8334(e) of 
                title 5, United States Code, based on the amount 
                determined under subparagraph (A).
            (2) Agency contributions.--
                    (A) In general.--The employing agency of a covered 
                employee shall pay into the Civil Service Retirement 
                and Disability Retirement Fund an amount for applicable 
                agency contributions based on payments made under 
                paragraph (1).
                    (B) Source.--Amounts paid under this paragraph 
                shall be contributed from the appropriation or fund 
                used to pay the employee.
            (3) Regulations.--The Office of Personnel Management may 
        prescribe regulations to carry out this section.

SEC. 218. REGULATIONS.

    (a) In General.--The Director of the Office of Personnel Management 
shall prescribe regulations to carry out this subtitle, including--
            (1) rules for special rate employees described under 
        section 213;
            (2) rules for adjusting rates of basic pay for employees in 
        pay systems administered by the Office of Personnel Management 
        when such employees are not entitled to locality-based 
        comparability payments under section 5304 of title 5, United 
        States Code, without regard to otherwise applicable statutory 
        pay limitations during the transition period described in 
        section 214 ending on the first day of the first pay period 
        beginning on or after January 1, 2012; and
            (3) rules governing establishment and adjustment of saved 
        or retained rates for any employee whose rate of pay exceeds 
        applicable pay limitations on the first day of the first pay 
        period beginning on or after January 1, 2012.
    (b) Other Pay Systems.--With the concurrence of the Director of the 
Office of Personnel Management, the administrator of a pay system not 
administered by the Office of Personnel Management shall prescribe 
regulations to carry out this subtitle with respect to employees in 
such pay system, consistent with the regulations prescribed by the 
Office under subsection (a). With respect to employees not entitled to 
locality-based comparability payments under section 5304 of title 5, 
United States Code, regulations prescribed under this subsection may 
provide for special payments or adjustments for employees who were 
eligible to receive a cost-of-living allowance under section 5941 of 
that title on the date before the date of enactment of this Act.

SEC. 219. EFFECTIVE DATES.

    (a) In General.--Except as provided by subsection (b), this 
subtitle (including the amendments made by this subtitle) shall take 
effect on the date of enactment of this Act.
    (b) Locality Pay and Schedule.--The amendments made by section 212 
and the provisions of section 214 shall take effect on the first day of 
the first applicable pay period beginning on or after January 1, 2010.

   TITLE III--DEEPWATER OIL AND GAS RESEARCH AND DEVELOPMENT FUNDING 
                             SOURCE REPEAL

SEC. 301. REPEAL.

    Effective October 1, 2010, section 999H of the Energy Policy Act of 
2005 (42 U.S.C. 16378) is amended--
            (1) by striking subsections (a), (b), (c), and (f);
            (2) by redesignating subsections (d) and (e) as subsections 
        (a) and (b), respectively;
            (3) in subsection (a), as so redesignated, by striking 
        ``obligated from the Fund under subsection (a)(1)'' and 
        inserting ``available under this section''; and
            (4) in subsection (b), as so redesignated, by striking ``In 
        addition to other amounts that are made available to carry out 
        this section, there'' and inserting ``There''.

            Passed the House of Representatives June 25, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                        Calendar No. 96

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.

_______________________________________________________________________

                              July 6, 2009

            Received; read twice and placed on the calendar`