746 
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 ac-
tually 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 reim-
bursement 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 Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under this section as 
the Secretary considers appropriate to protect the inter-
ests of the United States.
747 
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, con-
sisting 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 con-
veyance 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 de-
termines 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
748 
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 determina-
tion 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 convey-
ance. If amounts are collected from the Association 
in advance of the Secretary incurring the actual 
costs, and the amount collected exceeds the costs ac-
tually 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 para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
749 
retary 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 pur-
poses, and subject to the same conditions and limita-
tions, 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, in-
cluding 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 satis-
factory to the Secretary. 
(g) ADDITIONAL TERM AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under this section as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2857. COMPLETION OF LAND EXCHANGE AND CON-
SOLIDATION, FORT LEWIS, WASHINGTON. 
Subsection (a)(1) of section 2837 of the Military Con-
struction Authorization Act for Fiscal Year 2002 (division
750 
B of Public Law 107–107; 115 Stat. 1315), as amended 
by section 2852 of the Military Construction Authoriza-
tion 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 Sec-
retary of the Army may transfer’’ and inserting 
‘‘Not later than 60 days after the date of the enact-
ment 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 sup-
ported 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
751 
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 de-
termines 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 determina-
tion 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 satis-
factory 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 in-
curred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs
752 
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 para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary 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 pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(e) ADDITIONAL TERM AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the inter-
ests of the United States.
753 
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 ‘‘Na-
tional 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 Devel-
opment Center. 
SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERA-
TIVE SECURITY LOCATION IN PALANQUERO, 
COLOMBIA. 
(a) CONGRESSIONAL
NOTIFICATION
OF
AGREE-
MENT.—None of the amounts authorized to be appro-
754 
priated by this division or otherwise made available for 
military construction for fiscal year 2010 may be obligated 
to commence construction of a Cooperative Security Loca-
tion 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 De-
fense certifies to the congressional defense committees 
that an agreement has been entered into with the Govern-
ment of Colombia that permits the establishment of the 
Cooperative Security Location at the German Olano Air-
base in a manner that will enable the United States South-
ern 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 estab-
lishment 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 MA-
RINE CORPS MOUNTAIN WARFARE TRAINING 
CENTER. 
Section 1806 of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 1056;
755 
16 U.S.C. 460vvv) is amended by adding at the end the 
following new subsection: 
‘‘(g) MILITARY ACTIVITIES AT UNITED STATES MA-
RINE 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 CONTIN-
GENCY 
OPERATIONS 
MILI-
TARY 
CONSTRUCTION 
AU-
THORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Air Force construction and land acquisition projects. 
Sec. 2903. Construction authorization for facilities for Office of Defense Rep-
resentative-Pakistan. 
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions 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 fol-
lowing table:
756 
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 con-
struction, 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.
757 
(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 appropria-
tions in subsection (b)(1), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amout 
Afghanistan ..................
Bagram Air Base .......................................
$29,100,000 
Camp Kandahar ........................................
$234,600,000 
Forward Operating Base Dwyer ...............
$4,900,000 
Forward Operating Base Shank ................
$4,900,000 
Provincial Reconstruction Team Tarin 
Kowt.
$4,900,000 
Tombstone/Bastion ....................................
$156,200,000 
Wolverine ...................................................
$4,900,000 
(b) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military con-
struction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total 
amount of $474,500,000, as follows:
758 
(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 FACILI-
TIES FOR OFFICE OF DEFENSE REPRESENTA-
TIVE-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, de-
sign, and construct facilities on the United States Em-
bassy Compound in Islamabad, Pakistan, in support of the 
Office of the Defense Representative-Pakistan (in this sec-
tion 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 sub-
mit to the appropriate congressional committees a 
report on the number of personnel and activities of 
the ODRP.
759 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
(A) A detailed accounting of the number of 
personnel permanently assigned or on tem-
porary duty in the ODRP. 
(B) A description of the mission of those 
personnel assigned on a temporary or perma-
nent 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 pur-
poses of this subsection, the appropriate congres-
sional committees are the following: 
(A) The Committees on Armed Services 
and Foreign Affairs of the House of Represent-
atives. 
(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.
760 
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 manage-
ment 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 ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2010 for the activities of
761 
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 activi-
ties, $2,539,309,000. 
(3) For naval reactors, $1,003,133,000. 
(4) For the Office of the Administrator for Nu-
clear 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 facili-
ties, 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.
762 
(3) For naval reactors, the following new plant 
projects: 
Project 10–D–903, KAPL security up-
grades, Schenectady, New York, $1,500,000. 
Project 10–D–904, Naval Reactors Facility 
infrastructure upgrades, Naval Reactors Facil-
ity, 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.
763 
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 
Authoriza-
tions, Restrictions, and Limita-
tions 
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, re-
liability 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—
764 
(1) in paragraph (1), by inserting ‘‘and per-
formance over time’’ after ‘‘detonation’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(4) Material support for the use of, and ex-
periments facilitated by, the advanced experimental 
facilities of the United States, including— 
‘‘(A) the National Ignition Facility at Law-
rence Livermore National Laboratory; 
‘‘(B) the Dual Axis Radiographic Hydro-
dynamic 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 man-
ufacturing 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.’’.
765 
(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 En-
ergy, acting through the Administrator for Nuclear Secu-
rity 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 manage-
ment of the weapons in the nuclear weapons stockpile (in-
cluding any weapon proposed to be added to the stockpile). 
The program shall have the following objectives: 
‘‘(1) To increase the reliability, safety, and se-
curity of the nuclear weapons stockpile of the United 
States. 
‘‘(2) To further reduce the likelihood of the re-
sumption of underground nuclear weapons testing.
766 
‘‘(3) To achieve reductions in the future size of 
the nuclear weapons stockpile. 
‘‘(4) To reduce the risk of an accidental detona-
tion 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 sub-
mitted 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 sub-
section (a); and 
‘‘(2) any such changes made to the stockpile 
shall— 
‘‘(A) remain consistent with basic design 
parameters by including, to the maximum ex-
tent feasible, components that are well under-
stood or are certifiable without the need to re-
767 
sume underground nuclear weapons testing; 
and 
‘‘(B) use the design, certification, and pro-
duction expertise resident in the nuclear com-
plex 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 insert-
ing the following new item: 
‘‘Sec. 4204. Stockpile management program.’’. 
SEC. 3113. PLAN FOR EXECUTION OF STOCKPILE STEWARD-
SHIP AND STOCKPILE MANAGEMENT PRO-
GRAMS. 
(a) PLAN.—Section 4203 of the Atomic Energy De-
fense 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 STEW-
ARDSHIP 
AND 
STOCKPILE 
MANAGEMENT 
PROGRAMS. 
‘‘(a) PLAN REQUIREMENT.—The Secretary of En-
ergy, acting through the Administrator for Nuclear Secu-
rity, shall develop and annually update a plan for main-
taining the nuclear weapons stockpile. The plan shall 
cover, at a minimum, stockpile stewardship, stockpile
768 
management, and program direction and shall be con-
sistent 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 modi-
fications or replacement of each warhead type. 
‘‘(3) The process by which the Secretary of En-
ergy is assessing the lifetime and requirements for 
maintenance of the nuclear and nonnuclear compo-
nents 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 abil-
ity of the Secretary of Energy to recertify the safety, 
security, or reliability of warheads in the nuclear
769 
weapons stockpile (including active and inactive war-
heads). 
‘‘(c) ASSESSMENT.—In addition to the elements de-
scribed 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 chal-
lenges 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, se-
cure, and reliable without the use of nuclear testing. 
‘‘(3) An assessment of the science-based tools 
(including advanced simulation and computing capa-
bilities) of each national security laboratory that 
exist at the time of the plan compared with the 
science-based tools expected to exist during the pe-
riod covered by the future-years nuclear security 
program.
770 
‘‘(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 ade-
quate degree of certainty that the stockpile is safe 
and reliable. 
‘‘(5) An assessment of the core scientific and 
technical competencies required to achieve the objec-
tives of the stockpile stewardship program and other 
weapons and weapons-related activities of the De-
partment of Energy, including— 
‘‘(A) the number of scientists, engineers, 
and technicians, by discipline, required to main-
tain 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 Feb-
ruary 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).
771 
‘‘(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 Administra-
tion 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 ac-
tivities in the budget of the National Nuclear Secu-
rity Administration. 
‘‘(4) The term ‘weapons–related activities’ 
means each activity under the Department of En-
ergy that involves nuclear weapons, nuclear weapons 
technology, or fissile or radioactive materials, includ-
ing activities related to— 
‘‘(A) nuclear non-proliferation; 
‘‘(B) nuclear forensics; 
‘‘(C) nuclear intelligence; 
‘‘(D) nuclear safety; and 
‘‘(E) nuclear incident response.’’.
772 
(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 manage-
ment 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 AS-
SESSMENT 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), re-
spectively; and 
(B) by inserting after subsection (b) the 
following new subsection (c): 
‘‘(c) DUAL VALIDATION TEAMS IN SUPPORT OF AS-
SESSMENTS.—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 evalua-
773 
tions of the condition of each warhead for which such lab-
oratory 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 under-
ground 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 (includ-
ing 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 fol-
lowing: ‘‘and the independent evaluations conducted 
by a dual validation team under subsection (c)’’.
774 
(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 sub-
paragraph: 
‘‘(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 re-
designated 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 re-
designated by subsection (a)(1)(A) of this section, by 
striking ‘‘subsection (d)’’ and inserting ‘‘subsection 
(e)’’; 
(3) in subsection (g), as redesignated by sub-
section (a)(1)(A) of this section, by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’; and
775 
(4) in subsection (i), as redesignated by sub-
section (a)(1)(A) of this section— 
(A) in paragraph (1), by striking ‘‘sub-
section (d)’’ and inserting ‘‘subsection (e)’’; and 
(B) in paragraph (2), by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’. 
SEC. 3115. ANNUAL LONG-TERM PLAN FOR THE MOD-
ERNIZATION 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 weap-
ons stockpile of the United States. 
(b) GENERAL REQUIREMENT.—Subtitle D of the Na-
tional Nuclear Security Administration Act (50 U.S.C. 
2451 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 3255. BUDGETING FOR MODERNIZATION AND REFUR-
BISHMENT OF THE NUCLEAR SECURITY COM-
PLEX: ANNUAL PLAN AND CERTIFICATION. 
‘‘(a) ANNUAL NUCLEAR SECURITY COMPLEX MOD-
ERNIZATION AND REFURBISHMENT PLAN AND CERTIFI-
CATION.—The Administrator for Nuclear Security shall
776 
include with the nuclear security budget materials for each 
fiscal year— 
‘‘(1) a plan for the modernization and refur-
bishment 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 Con-
gress 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 pro-
vided for in the plan under paragraph (1) on the 
schedule provided in the plan. 
‘‘(b) ANNUAL NUCLEAR SECURITY COMPLEX MOD-
ERNIZATION AND REFURBISHMENT PLAN.—(1) The an-
nual nuclear security complex modernization and refur-
bishment 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 Presi-
dent under section 108 of the National Security
777 
Act of 1947 (50 U.S.C. 404a), except that, if 
at the time such plan is submitted with the nu-
clear security budget materials for that fiscal 
year, a national security strategy report re-
quired under such section 108 has not been 
submitted to Congress as required by para-
graph (2) or paragraph (3), if applicable, of 
subsection (a) of such section, then such annual 
plan should be designed so that the nuclear se-
curity complex modernization and refurbish-
ment provided for under that plan is capable of 
supporting the nuclear security complex rec-
ommended 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 mod-
ernization 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 Administra-
tion over the next 30 fiscal years.
778 
‘‘(B) A description of the necessary mod-
ernization and refurbishment measures to meet 
the requirements of the national security strat-
egy of the United States or the most recent 
Quadrennial Defense Review, whichever is ap-
plicable under paragraph (1), and the Nuclear 
Posture Review. 
‘‘(C) The estimated levels of annual fund-
ing necessary to carry out the program, to-
gether with a discussion of the implementation 
strategies on which such estimated levels of an-
nual funding are based. 
‘‘(c) ASSESSMENT WHEN NUCLEAR SECURITY COM-
PLEX 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 re-
quirements 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 im-
plications associated with the ability of the nuclear secu-
rity complex to support the annual certification of the nu-
clear stockpile of the United States and maintain its long-
779 
term safety, security, and reliability. Such assessment 
shall be coordinated in advance with the Secretary of De-
fense 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 sec-
tion 1105(a) of title 31. 
‘‘(3) The term ‘nuclear security budget mate-
rials’, with respect to a fiscal year, means the mate-
rials 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 poli-
780 
cies 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 Admin-
istration Act is amended by inserting after the item relat-
ing 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 MANAGE-
MENT 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 na-
tional 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 dif-
ferences in the cost structure of the manage-
781 
ment and operations when performed by the 
University of California and the cost structure 
of the management and operations when per-
formed 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, se-
curity, and environmental management. 
(b) REPORT.—Not later than March 1, 2010, the 
Comptroller General shall submit to the congressional de-
fense 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 Na-
tional Security, LLC. 
(2) The term ‘‘covered national laboratories’’ 
means—
782 
(A) the Los Alamos National Laboratory; 
and 
(B) the Lawrence Livermore National Lab-
oratory. 
SEC. 3122. PLAN TO ENSURE CAPABILITY TO MONITOR, 
ANALYZE, 
AND 
EVALUATE 
FOREIGN 
NU-
CLEAR WEAPONS ACTIVITIES. 
(a) PLAN.—The Secretary of Energy, in consultation 
with the Director of National Intelligence and the Sec-
retary of Defense, shall prepare a plan to ensure that the 
national laboratories overseen by the Department of En-
ergy 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 appro-
priate committees of Congress describing the plan re-
quired 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
783 
Select Committee on Intelligence of the House of 
Representatives; and 
(2) the Committee on Armed Services, the 
Committee on Appropriations, and the Select Com-
mittee on Intelligence of the Senate. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
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 ap-
propriated to the Secretary of Energy $23,627,000 for fis-
cal year 2010 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves.
784 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (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 Secu-
rity 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 FIS-
CAL YEAR 2010. 
Funds are hereby authorized to be appropriated for 
fiscal year 2010, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of 
the Department of Transportation for the Maritime Ad-
ministration 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
785 
training ships of the State Maritime Academies; 
and 
(C) $53,208,000 shall be available for op-
erations at the United States Merchant Marine 
Academy. 
(2) For expenses to maintain a preserve a 
United States-flag merchant fleet to serve the na-
tional 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 au-
thorized 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
786 
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 De-
fense 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 strik-
ing ‘‘; and’’ at the end of paragraph (2) and insert-
ing a period, and by striking paragraph (3); and 
(3) by striking subsection (d) and inserting the 
following: 
‘‘(d) REPORTING REQUIREMENTS.—When the au-
thority granted by subsection (a) is used to hire an ad-
junct 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 pro-
fessor.’’.
787 
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 au-
thorized by chapter 537 or title 46, United States 
Code, has a long and successful history of facili-
tating construction of commercial vessels in domestic 
shipyards; 
(3) the Maritime Loan Guarantee Program 
strengthens our Nation’s industrial base allowing do-
mestic shipyards and their allied service and supply 
industries to more effectively produce commercial 
vessels that enhance the commercial sealift capa-
bility 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 commer-
cial vessels manned by United States citizens, there-
by providing a pool of trained United States citizen 
mariners available to assist the Department of De-
fense in times of war or national emergency.
788 
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 para-
graph: 
‘‘(3) DEFENSE MEASURES AGAINST UNAUTHOR-
IZED SEIZURES.—(A) The Emergency Preparedness 
Agreement for any operating agreement that first 
takes effect or is renewed after the date of enact-
ment of the National Defense Authorization Act for 
Fiscal Year 2010 shall require that any vessel oper-
ating under the agreement in hazardous carriage 
shall be equipped with appropriate non-lethal de-
fense 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 De-
partment 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 PI-
RACY. 
(a) FINDINGS.—Congress finds the following:
789 
(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 Bu-
reau of the International Chamber of Commerce as 
an area of high risk of piracy is in our national in-
terest. 
(2) Protecting United States-citizen mariners 
employed on United States-flag vessels transiting an 
area designated by the Coast Guard or the Inter-
national Maritime Bureau of the international 
Chamber of Commerce as an area of high risk of pi-
racy 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
790 
(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 oper-
ating 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 ‘‘acad-
emy, 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 divi-
791 
sion C of Public Law 110–417 (122 Stat. 4762)) is re-
pealed and shall have no force or effect. 
SEC. 3508. LIMITATION ON DISPOSAL OF INTEREST IN CER-
TAIN 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 chap-
ter 537 of title 46, United States Code, no action to dis-
pose of the financial interest may be taken by the Mari-
time Administrator until 180 days after the date the Mari-
time 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 
MILI-
TARY RETIREE RELIEF ACT 
OF 2009 
SEC. 1. SHORT TITLE. 
This division may be cited as the ‘‘Disabled Military 
Retiree Relief Act of 2009’’.
792 
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 spe-
cial 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 bo-
nuses. 
Sec. 107. Technical corrections and conforming amendments to reconcile con-
flicting 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 Re-
serve 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 re-
tired pay and veterans’ disability compensation to include all 
chapter 61 disability retirees regardless of disability rating per-
centage 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 ac-
tuarially reduced annuity under the civil service retirement sys-
tem. 
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.
793 
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 employ-
ees. 
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 Re-
serve reenlistment bonus. 
(2) Section 308c(i), relating to Selected Reserve 
affiliation or enlistment bonus.
794 
(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 Re-
serve 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 replace-
ment payments for reserve component members ex-
periencing 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 offi-
cer candidate accession program.
795 
(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 spe-
cialties.
796 
(8) Section 302l(g), relating to accession bonus 
for dental specialist officers in critically short war-
time specialties. 
SEC. 103. ONE-YEAR EXTENSION OF SPECIAL PAY AND 
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS. 
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 RELAT-
ING TO TITLE 37 CONSOLIDATED SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORI-
TIES. 
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.
797 
(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 incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
SEC. 105. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER TITLE 37 BO-
NUSES 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’’:
798 
(1) Section 301b(a), relating to aviation officer 
retention bonus. 
(2) Section 307a(g), relating to assignment in-
centive 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 RELAT-
ING 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 profes-
sions referral bonus.
799 
(2) Section 3252(h), relating to Army referral 
bonus. 
SEC. 107. TECHNICAL CORRECTIONS AND CONFORMING 
AMENDMENTS TO RECONCILE CONFLICTING 
AMENDMENTS REGARDING CONTINUED PAY-
MENT OF BONUSES AND SIMILAR BENEFITS 
FOR CERTAIN MEMBERS. 
(a) TECHNICAL CORRECTIONS TO RECONCILE CON-
FLICTING 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 ‘‘para-
graph (4)(B)’’; 
(4) by redesignating paragraph (2), as added by 
section 651(b) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Pub-
lic 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
800 
Law 110–317; 122 Stat. 3526) and erroneously des-
ignated 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 AUTHORI-
TIES.—Section 373(b) of such title is amended— 
(1) in paragraph (2), by striking the paragraph 
heading and inserting ‘‘SPECIAL
RULE
FOR
DE-
CEASED AND DISABLED MEMBERS.—’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) SPECIAL RULE FOR MEMBERS WHO RE-
CEIVE 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 re-
quirement to terminate the payment of any un-
paid amounts of a bonus, incentive pay, or simi-
lar benefit if the Secretary concerned deter-
801 
mines that termination of the payment of the 
unpaid amounts would be contrary to a per-
sonnel 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 survivor-
ship discharge’ means the separation of a member 
from the Armed Forces, at the request of the mem-
ber, 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 cap-
tured or missing in action status, or is per-
manently 100 percent disabled or hospital-
ized on a continuing basis (and is not em-
ployed 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 in-
802 
curred during a period of unauthorized ab-
sence.’’. 
Subtitle B—Retired Pay Benefits 
SEC. 111. RECOMPUTATION OF RETIRED PAY AND ADJUST-
MENT OF RETIRED GRADE OF RESERVE RE-
TIREES TO REFLECT SERVICE AFTER RE-
TIREMENT. 
(a) RECOMPUTATION
OF RETIRED PAY.—Section 
12739 of title 10, United States Code, is amended by add-
ing 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 adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general; 
‘‘(B) completes at least 6 months of service in 
such position; and
803 
‘‘(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 sub-
section: 
‘‘(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 sec-
tion 10145(d) of this title and completes not less than two 
years of service in such active status, the member is enti-
tled 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 adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general;
804 
‘‘(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 amend-
ments 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.—Sub-
section (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 per-
son 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 re-
ceive retired pay under this chapter, instead of receiving
805 
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 entitle-
ment 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 satis-
factory service (as determined by the Secretary con-
cerned) in such active status (excluding any period 
of active service). 
‘‘(2) The Secretary concerned may reduce the min-
imum 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
806 
to such position was terminated or vacated as de-
scribed in section 324(b) of title 32.’’. 
(b) ACTIONS
TO EFFECTUATE ELECTION.—Sub-
section (b) of such section is amended by striking para-
graph (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.—Sub-
section (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.—
807 
(1) SECTION HEADING.—The heading for sec-
tion 12741 of such title is amended to read as fol-
lows: 
‘‘§ 12741. Retirement for service in an active status 
performed in the Selected Reserve of the 
Ready Reserve after eligibility for reg-
ular 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 Re-
serve of the Ready Reserve after eligibility for regular retire-
ment.’’. 
(e) RETROACTIVE
APPLICABILITY.—The amend-
ments made by this section shall take effect as of January 
1, 2008.
808 
Subtitle C—Concurrent Receipt of 
Military Retired Pay and Vet-
erans’ Disability Compensation 
SEC. 121. ONE-YEAR EXPANSION OF ELIGIBILITY FOR CON-
CURRENT RECEIPT OF MILITARY RETIRED 
PAY AND VETERANS’ DISABILITY COMPENSA-
TION TO INCLUDE ALL CHAPTER 61 DIS-
ABILITY RETIREES REGARDLESS OF DIS-
ABILITY 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 DIS-
ABILITY COMPENSATION.— 
‘‘(1) PAYMENT OF BOTH REQUIRED.— 
‘‘(A) IN GENERAL.—Subject to subsection 
(b), a member or former member of the uni-
formed 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 en-
titled to be paid both for that month without 
regard to sections 5304 and 5305 of title 38.
809 
‘‘(B) APPLICABILITY
OF
FULL
CONCUR-
RENT RECEIPT PHASE-IN REQUIREMENT.—Dur-
ing 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 PER-
CENT DISABLED RETIREES.—The payment of 
retired pay is subject to subsection (c) only dur-
ing 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 vet-
erans’ disability compensation for a dis-
ability rated as 100 percent. 
‘‘(ii) A qualified retiree receiving vet-
erans’ disability compensation at the rate 
payable for a 100 percent disability by rea-
son of a determination of individual 
unemployability. 
‘‘(D) TEMPORARY
PHASE-IN
EXCEPTION 
FOR CERTAIN CHAPTER 61 DISABILITY RETIR-
EES; TERMINATION.—Subject to subsection (b), 
during the period beginning on January 1, 
2010, and ending on September 30, 2010, sub-
810 
section (c) shall not apply to a qualified retiree 
described in subparagraph (B) or (C) of para-
graph (2). 
‘‘(2) QUALIFYING
SERVICE-CONNECTED
DIS-
ABILITY DEFINED.—In this section, the term ‘quali-
fying service-connected disability’ means the fol-
lowing: 
‘‘(A) In the case of a member or former 
member receiving retired pay under any provi-
sion 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 Sec-
retary 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 com-
puted under section 12732 of this title, a serv-
ice-connected disability or combination of serv-
ice-connected disabilities that is rated by the 
Secretary of Veterans Affairs at the disabling
811 
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 per-
cent, or a rate payable at 100 percent by 
reason of individual unemployability or 
rated 90 percent. 
‘‘(ii) January 1, 2011, rated 80 per-
cent or 70 percent. 
‘‘(iii) January 1, 2012, rated 60 per-
cent 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-con-
nected disability or combination of service-con-
nected disabilities that is rated by the Secretary 
of Veterans Affairs at the disabling level speci-
fied 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 per-
cent or 30 percent. 
‘‘(ii) January 1, 2014, any rating.
812 
‘‘(3) 
LIMITED
DURATION.—Notwithstanding 
the effective date specified in each clause of subpara-
graphs (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 termi-
nation 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.
813 
‘‘(2) RETIREES WITH FEWER THAN 20 YEARS 
OF SERVICE.— 
‘‘(A) BEFORE TERMINATION DATE.—If a 
member with a qualifying service-connected dis-
ability (as defined in subsection (a)(2)) is re-
tired 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 termi-
nation 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 21⁄2 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.—Sub-
section (a) does not apply to a member retired 
under chapter 61 of this title with less than 20 
years of service otherwise creditable under sec-
tion 1405 of this title, or with less than 20
814 
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 CONCUR-
RENT 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: 
‘‘§ 1414. Concurrent receipt of retired pay and vet-
erans’ 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 compensa-
tion.’’. 
(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—
815 
(1) by redesignating the second subsection (k) 
and subsection (l) as subsections (l) and (m), respec-
tively; and 
(2) in subsection (l) (as so redesignated by 
paragraph (1))— 
(A) by striking ‘‘(l) In computing’’ and in-
serting ‘‘(l)(1) In computing’’; and 
(B) by adding at the end the following: 
‘‘(2) Except as provided in paragraph (1), in com-
puting 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 eligi-
bility under this subchapter. For purposes of this sub-
section, 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
816 
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 en-
actment of this Act. 
SEC. 202. LIMITED EXPANSION OF THE CLASS OF INDIVID-
UALS ELIGIBLE TO RECEIVE AN ACTUARI-
ALLY 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 sub-
section (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 fol-
lowing: 
‘‘(3) In the administration of paragraph (1)—
817 
‘‘(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 sub-
section (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 Gov-
ernment covering service for which such employee or Mem-
ber may be allowed credit under this chapter may deposit 
the amount received, with interest. Credit may not be al-
818 
lowed for the service covered by the refund until the de-
posit 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 op-
tion 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 sur-
vivor 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 em-
ployee, 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:
819 
‘‘§ 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 SERV-
ICE. 
(a) RETIREMENT CREDIT.— 
(1) IN GENERAL.—Any individual who is treat-
ed 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 enact-
ment of this Act who performed qualifying District 
of Columbia service shall be entitled to have such 
service included in calculating the individual’s cred-
itable service under section 8332 or 8411 of title 5, 
United States Code, but only for purposes of the fol-
lowing provisions of such title:
820 
(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 SERV-
ICE AS LAW ENFORCEMENT OFFICER SERVICE.—Any 
portion of an individual’s qualifying District of Co-
lumbia service which consisted of service as a deten-
tion officer under section 2604(2) of the District of 
Columbia Government Comprehensive Merit Per-
sonnel Act of 1978 (sec. 1–626.04(2), D.C. Official 
Code) shall be treated as service as a law enforce-
ment 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.
821 
(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 Dis-
ability Fund. 
(b) QUALIFYING DISTRICT OF COLUMBIA SERVICE 
DEFINED.—In this section, ‘‘qualifying District of Colum-
bia 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 ef-
fective 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 sub-
chapter 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 Of-
822 
fender Supervision Trustee under section 11232 of 
the Balanced Budget Act of 1997— 
(A) which was performed prior to the ef-
fective date of the individual’s coverage as an 
employee of the Federal Government under sec-
tion 11232(f) of such Act; and 
(B) for which the individual did not ever 
receive credit under the provisions of sub-
chapter 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 De-
fender Service— 
(A) which was performed prior to the ef-
fective 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 sub-
chapter 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 em-
ployee of the District of Columbia Department of
823 
Corrections who was separated from service as a re-
sult of the closing of the Lorton Correctional Com-
plex 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 Pa-
role Commission, or the District of Columbia Public 
Defender Service, service performed by the indi-
vidual as an employee of the District of Columbia 
Department of Corrections— 
(A) which was performed prior to the ef-
fective 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 sub-
chapter 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 Per-
sonnel Management shall accept the certification of the 
appropriate personnel official of the government of the 
District of Columbia or other independent employing enti-
ty concerning whether an individual performed qualifying 
District of Columbia service and the length of the period 
of such service the individual performed.
824 
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 subpara-
graph (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, in-
cluding the Commonwealth of Puerto Rico and 
the Commonwealth of the Northern Mariana Is-
lands, 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:
825 
‘‘(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 sub-
section shall be level II of the Executive Schedule for 
positions under subsection (h)(1)(C) covered by ap-
praisal 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 po-
sition 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
826 
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 al-
lowance 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 sub-
section (d); and 
(3) by inserting after subsection (a) the fol-
lowing:
827 
‘‘(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 ef-
fect under section 214 (2) and (3) of the Non-For-
eign Area Retirement Equity Assurance Act of 
2009. 
‘‘(2)(A) In this paragraph, the term ‘applicable local-
ity-based comparability pay percentage’ means, with re-
spect to calendar year 2010 and each calendar year there-
after, 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 lo-
cality-based comparability pay percentage from the 
cost-of-living allowance percentage rate in effect on 
December 31, 2009; and
828 
‘‘(ii) dividing the resulting percentage deter-
mined under clause (i) by the sum of— 
‘‘(I) one; and 
‘‘(II) the applicable locality-based com-
parability 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 estab-
lished under section 5305 of title 5, United States Code, 
and payable in an area designated as a cost-of-living allow-
ance area under section 5941(a) of that title, shall be ad-
justed, on the dates prescribed by section 214 of this sub-
title, in accordance with regulations prescribed by the Di-
rector of the Office of Personnel Management under sec-
tion 218 of this subtitle. 
(b) AGENCIES WITH STATUTORY AUTHORITY.—
829 
(1) IN GENERAL.—Each special rate of pay es-
tablished under an authority described under para-
graph (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 con-
sistent with the regulations issued by the Director of 
the Office of Personnel Management under sub-
section (a). 
(2) STATUTORY AUTHORITY.—The authority re-
ferred to under paragraph (1), is any statutory au-
thority 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 serv-
ices of persons specified by statute; and 
(C) authorizes the head of the agency to 
increase the minimum, intermediate, or max-
imum rates of basic pay authorized under appli-
cable statutes and regulations.
830 
(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 com-
putation 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;
831 
(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 com-
parability payment approved by the President for 
each non-foreign area. 
SEC. 215. SAVINGS PROVISION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the application of this subtitle to any em-
ployee 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 Sta-
tistics should conduct separate surveys to determine 
the extent of any pay disparity (as defined by sec-
tion 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, includ-
832 
ing 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 de-
termined for the locality which (for purposes of sec-
tion 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 sepa-
rate 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 lo-
cality 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 allow-
833 
ance 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 com-
parability 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 ALLOW-
ANCE RATE.—If an employee, who the day before 
the date of enactment of this Act was eligible to re-
ceive 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
834 
this subtitle, the employee shall continue to receive 
the cost-of-living allowance rate in effect on Decem-
ber 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 supple-
ment) 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 regula-
tion. 
(3) LOCALITY-BASED
COMPARABILITY
PAY-
MENTS.—Any employee covered under paragraph (2) 
shall receive any applicable locality-based com-
parability 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 in-
crease to statutory pay limitations under 5318 of 
title 5, United States Code. Notwithstanding para-
graph (2), to the extent that an employee covered 
under that paragraph receives any amount of local-
ity-based comparability payment, the cost-of-living
835 
allowance rate under that paragraph shall be re-
duced 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 en-
actment 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 lo-
cality-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 en-
actment of this Act—
836 
(I) was eligible to be paid an al-
lowance under section 1603(b) of title 
10, United States Code; 
(II) was eligible to be paid an al-
lowance under section 1005(b) of title 
39, United States Code; 
(III) was employed by the Trans-
portation Security Administration of 
the Department of Homeland Security 
and was eligible to be paid an allow-
ance 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 al-
lowance 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;
837 
(III) is employed by the Trans-
portation Security Administration of 
the Department of Homeland Security 
and becomes eligible to be paid an al-
lowance 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 al-
lowance 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 sub-
title (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 cov-
ered 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.
838 
(C) PERFORMANCE APPRAISAL SYSTEM.— 
With respect to a covered employee who is sub-
ject to a performance appraisal system no part 
of pay attributable to locality-based com-
parability payments as a result of the applica-
tion of this subtitle including section 5941 of 
title 5, United States Code (as amended by sec-
tion 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 in-
serting ‘‘Except as provided under paragraph 
(2), section 5941’’; 
(C) by striking ‘‘For purposes of such sec-
tion,’’ 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—
839 
‘‘(A) the provisions of that Act and section 
5941 of title 5 shall apply to officers and em-
ployees 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 ALLOW-
ANCE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this subtitle, any employee of 
the Postal Service (other than an employee cov-
ered 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—
840 
(i) may result in the allowance exceed-
ing 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 ANNU-
ITY COMPUTATION BY EMPLOYEES. 
(a) DEFINITION.—In this section the term ‘‘covered 
employee’’ means any employee— 
(1) to whom section 214 applies;
841 
(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 Per-
sonnel 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 cov-
ered under this section. 
(2) DEADLINE.—An election under this sub-
section 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 end-
ing on or after December 31, 2012, shall be consid-
ered basic pay as defined under section 8331(3) or 
8401(4) of that title.
843 
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 con-
tributions based on payments made under para-
graph (1). 
(B) SOURCE.—Amounts paid under this 
paragraph shall be contributed from the appro-
priation 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 Per-
sonnel Management shall prescribe regulations to carry 
out this subtitle, including—
844 
(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 adjust-
ment 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 Of-
fice 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, regula-
845 
tions prescribed under this subsection may provide for spe-
cial payments or adjustments for employees who were eli-
gible 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 amend-
ments 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 DEVEL-
OPMENT 
FUNDING 
SOURCE 
REPEAL 
SEC. 301. REPEAL. 
Effective October 1, 2010, section 999H of the En-
ergy 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;
846 
(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: 
Clerk.
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 activi-
ties 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 concur-
rent receipt of military retirement and VA dis-
ability benefits to disabled military retirees, and 
for other purposes.