SEC. 228. SENSE OF CONGRESS REAFFIRMING THE RE-
QUIREMENT 
TO 
THOROUGHLY 
CONSIDER 
THE ROLE OF BALLISTIC MISSILE DEFENSES 
DURING THE QUADRENNIAL DEFENSE RE-
VIEW AND THE NUCLEAR POSTURE REVIEW. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Congress passed and the President signed 
the National Missile Defense Act of 1999 (Public 
Law 106–38), which stated: ‘‘It is the policy of the 
United States to deploy as soon as is technologically 
possible an effective National Missile Defense system 
capable of defending the territory of the United 
States against limited ballistic missile attack (wheth-
er accidental, unauthorized, or deliberate).’’. 
(2) Section 118 of title 10, United States Code 
requires the Secretary of Defense ‘‘every four years, 
during a year following a year evenly divisible by 
four, to conduct a comprehensive examination (to be 
known as a ‘Quadrennial Defense Review’) of the 
national defense strategy, force structure, force mod-
ernization plans, infrastructure, budget plan, and 
other elements of the defense program and policies 
of the United States with a view toward determining 
and expressing the defense strategy of the United
States and establishing a defense program for the 
next 20 years.’’. 
(3) Among the requirements established by sec-
tion 118 of title 10, United States Code, for the ele-
ments that must be included in the Quadrennial De-
fense Review are the following: 
(A) The threats to the assumed or defined 
national security interests of the United States 
that were examined for the purposes of the re-
view and the scenarios developed in the exam-
ination of those threats. 
(B) The specific capabilities, including the 
general number and type of specific military 
platforms, needed to achieve the strategic and 
warfighting objectives identified in the review. 
(C) The effect on force structure of the use 
by the armed forces of technologies anticipated 
to be available for the ensuing 20 years. 
(4) Section 1070 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 
110–116) requires the Secretary of Defense to con-
duct a comprehensive review of the nuclear posture 
of the United States for the next 5 to 10 years ‘‘in 
order to clarify United States nuclear deterrence pol-
icy and strategy for the near term.’’.
(5) Among the requirements established by sec-
tion 1070 of the National Defense Authorization Act 
for Fiscal Year 2008 for the elements that must be 
included in the nuclear posture review is ‘‘[t]he role 
that missile defense capabilities and conventional 
strike forces play in determining the role and size of 
nuclear forces.’’. 
(6) The Final Report of the Congressional 
Commission on the Strategic Posture of the United 
States, issued on May 7, 2009, concluded: ‘‘Missile 
defenses can play a useful role in supporting the 
basic objectives of deterrence, broadly defined. De-
fenses that are effective against regional aggressors 
are a valuable component of the U.S. strategic pos-
ture. The United States should develop and, where 
appropriate, deploy missile defenses against regional 
nuclear aggressors, including against limited long- 
range threats. These can also be beneficial for lim-
iting damage if deterrence fails. The United States 
should ensure that its actions do not lead Russia or 
China to take actions that increase the threat to the 
United States and its allies and friends.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense should thoroughly con-
sider the role of ballistic missile defenses during the Quad-
rennial Defense Review and the Nuclear Posture Review. 
Subtitle D—Reports 
SEC. 231. COMPTROLLER GENERAL ASSESSMENT OF CO-
ORDINATION OF ENERGY STORAGE DEVICE 
REQUIREMENTS AND INVESTMENTS. 
(a) ASSESSMENT REQUIRED.—The Comptroller Gen-
eral shall conduct an assessment of the degree to which 
requirements, technology goals, and research and procure-
ment investments in energy storage technologies are co-
ordinated within and among the military departments, ap-
propriate Defense Agencies, and other elements of the De-
partment of Defense. In carrying out such assessment, the 
Comptroller General shall— 
(1) assess expenses incurred by the Department 
of Defense in the research, development, testing, and 
procurement of energy storage devices; 
(2) compare quantities of types of devices in 
use or under development that rely on commercial 
energy storage technologies and that use military- 
unique, proprietary, or specialty devices; 
(3) assess the process by which a determination 
is made by an acquisition official of the Department 
of Defense to pursue a commercially available or 
custom-made energy storage device;
(4) assess the coordination of Department of 
Defense-wide activities in energy storage device re-
search, development, and use; 
(5) assess whether there is a need for enhanced 
standardization of the form, fit, and function of en-
ergy storage devices, and if so, formulate a rec-
ommendation as to how, from an organizational 
standpoint, the Department should address that 
need; and 
(6) assess whether there are commercial ad-
vances in portable power technology, including hy-
brid systems, fuel cells, and electrochemical capaci-
tors, that could be better leveraged by the Depart-
ment. 
(b) REPORT.—Not later than March 1, 2010, the 
Comptroller General shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives a report on the findings and recommendations of the 
Comptroller General with respect to the assessment con-
ducted under subsection (a). 
(c) COORDINATION.—In carrying out subsection (a), 
the Comptroller General shall coordinate with the Sec-
retary of Energy and the heads of other appropriate Fed-
eral agencies.
SEC. 232. ANNUAL COMPTROLLER GENERAL REPORT ON 
THE F–35 LIGHTNING II AIRCRAFT ACQUISI-
TION PROGRAM. 
(a) ANNUAL GAO REVIEW.—The Comptroller Gen-
eral shall conduct an annual review of the F–35 Lightning 
II aircraft acquisition program and shall, not later than 
March 15 of each of 2010 through 2015, submit to the 
congressional defense committees a report on the results 
of the most recent review. 
(b) MATTERS TO BE INCLUDED.—Each report on the 
F–35 program under subsection (a) shall include each of 
the following: 
(1) The extent to which the acquisition program 
is meeting development and procurement cost, 
schedule, and performance goals. 
(2) The progress and results of developmental 
and operational testing and plans for correcting defi-
ciencies in aircraft performance, operational effec-
tiveness, and suitability. 
(3) Aircraft procurement plans, production re-
sults, and efforts to improve manufacturing effi-
ciency and supplier performance.
SEC. 233. REPORT ON INTEGRATION OF DEPARTMENT OF 
DEFENSE 
INTELLIGENCE, 
SURVEILLANCE, 
AND RECONNAISSANCE CAPABILITIES. 
Of the amounts authorized to be appropriated in this 
Act for program element 35884L for intelligence planning 
and review activities, not more than 25 percent of such 
amounts may be obligated or expended until the date that 
is 30 days after the date on which the Under Secretary 
of Defense for Intelligence submits the report required 
under section 923(d)(1) of the National Defense Author-
ization Act for 2004 (Public Law 108–136; 117 Stat. 
1576), including the elements of the report described in 
subparagraphs (D), (E), and (F) of such section 
923(d)(1). 
SEC. 234. REPORT ON FUTURE RESEARCH AND DEVELOP-
MENT OF MAN-PORTABLE AND VEHICLE- 
MOUNTED GUIDED MISSILE SYSTEMS. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of the Army 
shall submit to Congress a report on future research and 
development of man-portable and vehicle-mounted guided 
missile systems to replace the current Javelin and TOW 
systems. Such report shall include— 
(1) an examination of current requirements for 
anti-armor missile systems;
(2) an analysis of battlefield uses other than 
anti-armor; 
(3) an analysis of changes required to the cur-
rent Javelin and TOW systems to maximize effec-
tiveness and lethality in situations other than anti- 
armor; 
(4) an analysis of the current family of Javelin 
and TOW warheads and specifically detail how they 
address threats other than armor; 
(5) an examination of the need for changes to 
current or development of additional warheads or a 
family of warheads to address threats other than 
armor; 
(6) a description of any missile system design 
changes required to integrate current missile sys-
tems with current manned ground systems; 
(7) a detailed and current analysis of the costs 
associated with the development of next-generation 
Javelin and TOW systems and additional warheads 
or family of warheads to address threats other than 
armor, integration costs for current vehicles, inte-
gration costs for future vehicles and possible effi-
ciencies of developing and procuring these systems 
at low rate and full rate based on current system 
production; and
(8) an analysis of the ability of the industrial 
base to support development and production of cur-
rent and future Javelin and TOW systems. 
(b) RESTRICTION
ON USE
OF FUNDS.—Of the 
amounts authorized to be appropriated under this Act for 
research, test, development, and evaluation for the Army, 
for missile and rocket advanced technology (program ele-
ment 0603313A), not more than 70 percent may be obli-
gated or expended until the Secretary of the Army submits 
the report required by subsection (a). 
Subtitle E—Other Matters 
SEC. 241. ACCESS OF THE DIRECTOR OF THE TEST RE-
SOURCE MANAGEMENT CENTER TO DEPART-
MENT OF DEFENSE INFORMATION. 
Section 196 of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (d) through (h) 
as subsections (e) through (i), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) ACCESS TO INFORMATION.—The Director shall 
have access to all records and data of the Department of 
Defense (including the records and data of each military 
department) that the Director considers necessary to re-
view in order to carry out the duties of the Director under 
this section.’’. 
SEC. 242. INCLUSION IN ANNUAL BUDGET REQUEST AND 
FUTURE-YEARS DEFENSE PROGRAM OF SUF-
FICIENT AMOUNTS FOR CONTINUED DEVEL-
OPMENT AND PROCUREMENT OF COMPETI-
TIVE PROPULSION SYSTEM FOR F–35 LIGHT-
NING II. 
(a) ANNUAL BUDGET.—Chapter 9 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 235. Budget for competitive propulsion system for 
F–35 Lightning II 
‘‘(a) ANNUAL BUDGET.—Effective for the budget of 
the President submitted to Congress under section 
1105(a) of title 31, United States Code, for fiscal year 
2011 and each fiscal year thereafter, the Secretary of De-
fense shall include, in the materials submitted by the Sec-
retary to the President, a request for such amounts as 
are necessary for the full funding of the continued develop-
ment and procurement of a competitive propulsion system 
for the F–35 Lightning II. 
‘‘(b) FUTURE-YEARS DEFENSE PROGRAM.—In each 
future-years defense program submitted to Congress 
under section 221 of this title, the Secretary of Defense
shall ensure that the estimated expenditures and proposed 
appropriations for the F–35 Lighting II, for each fiscal 
year of the period covered by that program, include suffi-
cient amounts for the full funding of the continued devel-
opment and procurement of a competitive propulsion sys-
tem for the F–35 Lightning II. 
‘‘(c) REQUIREMENT
TO OBLIGATE
AND EXPEND 
FUNDS.—Of the amounts authorized to be appropriated 
for fiscal year 2010 or any year thereafter, for research, 
development, test, and evaluation and procurement for the 
F–35 Lightning II Program, the Secretary of Defense 
shall ensure the obligation and expenditure in each such 
fiscal year of sufficient annual amounts for the continued 
development and procurement of two options for the pro-
pulsion system for the F–35 Lightning II in order to en-
sure the development and competitive production for the 
propulsion system for the F–35 Lightning II.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by at the 
end the following new item: 
‘‘235. Budget for competitive propulsion system for F–35 Lightning II.’’. 
(c) CONFORMING REPEAL.—The National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181) is amended by striking section 213.
SEC. 243. ESTABLISHMENT OF PROGRAM TO ENHANCE 
PARTICIPATION OF HISTORICALLY BLACK 
COLLEGES AND UNIVERSITIES AND MINOR-
ITY-SERVING INSTITUTIONS IN DEFENSE RE-
SEARCH PROGRAMS. 
(a) PROGRAM ESTABLISHED.—Chapter 139 of title 
10, United States Code, is amended by inserting after sec-
tion 2361 the following new section: 
‘‘§ 2362. Research and educational programs and ac-
tivities: historically black colleges and 
universities and minority-serving institu-
tions of higher education 
‘‘(a) PROGRAM ESTABLISHED.—The Secretary of 
Defense, acting through the Director of Defense Research 
and Engineering and the Secretary of each military de-
partment, shall carry out a program to provide assistance 
to covered educational institutions to assist the Depart-
ment in defense-related research, development, testing, 
and evaluation within the science, technology, engineering, 
and mathematics fields. 
‘‘(b) PROGRAM OBJECTIVE.—The objective of the 
program established under subsection (a) is to enhance 
science, technology, mathematics, and engineering re-
search and education at covered educational institutions. 
Such objective shall be accomplished through initiatives 
designed to—
‘‘(1) enhance research and educational capabili-
ties of the institutions in areas of science, tech-
nology, engineering, or mathematics that are impor-
tant to national defense, as determined by the Sec-
retary; 
‘‘(2) encourage the participation of such institu-
tions in the research, development, testing, and eval-
uation programs and activities of the Department of 
Defense; 
‘‘(3) increase the capacity of such institutions 
to contribute to the national security functions of 
the Department of Defense through participation in 
research, development, testing, and evaluation pro-
grams and activities in which such institutions might 
not otherwise have the opportunity to participate; 
‘‘(4) increase the number of graduates engaged 
in scientific, technological, mathematic, and engi-
neering disciplines important to the national security 
functions of the Department of Defense, as deter-
mined by the Secretary; 
‘‘(5) conduct collaborative research and edu-
cational opportunities between such institutions and 
defense research facilities;
‘‘(6) encourage research and educational col-
laborations between such institutions and other in-
stitutions of higher education; or 
‘‘(7) encourage research and educational col-
laborations between such institutions and business 
enterprises that historically perform defense-related 
research, development, testing and evaluation. 
‘‘(c) ASSISTANCE PROVIDED.—Under the program 
established by subsection (a), the Secretary of Defense 
may provide covered educational institutions with funding 
or technical assistance, including any of the following: 
‘‘(1) The competitive awarding of grants, coop-
erative agreements or contracts to establish Centers 
of Excellence for Research and Education in sci-
entific disciplines important to national defense, as 
determined by the Secretary. 
‘‘(2) The competitive awarding of under-
graduate scholarships or graduate fellowships in 
support of research in scientific disciplines important 
to national defense, as determined by the Secretary. 
‘‘(3) The competitive awarding of grants, coop-
erative agreements, or contracts for research in 
areas of science, technology, engineering, and mathe-
matics that are important to national defense, as de-
termined by the Secretary.
‘‘(4) The competitive awarding of grants, coop-
erative agreements, or contracts for the acquisition 
of equipment or instrumentation necessary for the 
conduct of research, development, testing, evaluation 
or educational enhancements in scientific disciplines 
important to national defense, as determined by the 
Secretary. 
‘‘(5) Support to assist in attraction and reten-
tion of faculty in scientific disciplines critical to the 
national security functions of the Department of De-
fense. 
‘‘(6) Making Department of Defense personnel 
available to advise and assist faculty at such institu-
tions in the performance of defense research in sci-
entific disciplines critical to the national security 
functions of the Department of Defense. 
‘‘(7) Establishing partnerships between defense 
laboratories and such institutions to encourage in-
volvement of faculty and students in scientific re-
search important to the national security functions 
of the Department of Defense. 
‘‘(8) Encouraging the establishment of a pro-
gram or programs creating partnerships between 
such institutions and corporations that have rou-
tinely been awarded research, development, testing,
or evaluation contracts by the Secretary of Defense 
for the purpose of involving faculty and students in 
scientific research critical to the national security 
functions of the Department of Defense. 
‘‘(9) Encouraging the establishment of a pro-
gram or programs creating partnerships between 
such institutions and other institutions of higher 
education that have experience in conducting re-
search, development, testing, or evaluation programs 
with the Department of Defense for the purpose of 
involving faculty and students in scientific research 
critical to the national security functions of the De-
partment of Defense. 
‘‘(10) Other such non-monetary assistance in 
support of defense research as the Secretary finds 
appropriate to enhance science, mathematics, or en-
gineering programs at such institutions, which may 
be provided directly through the Department of De-
fense or through contracts or other agreements en-
tered into by the Secretary with private-sector enti-
ties that have experience and expertise in the devel-
opment and delivery of technical assistance services 
to such institutions. 
‘‘(d) DEFINITION OF COVERED EDUCATIONAL INSTI-
TUTION.—In this section the term ‘covered educational in-
stitution’ means an institution of higher education eligible 
for assistance under title III or V of the Higher Education 
Act of 1965 (20 U.S.C. 1051 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2361 the following new 
item: 
‘‘2362. Research and educational programs and activities: historically black col-
leges and universities and minority-serving institutions of high-
er education.’’. 
SEC. 244. EXTENSION OF AUTHORITY TO AWARD PRIZES 
FOR 
ADVANCED 
TECHNOLOGY 
ACHIEVE-
MENTS. 
Subsection (f) of section 2374a of title 10, United 
States Code, is amended by striking ‘‘September 30, 
2010’’ and inserting ‘‘September 30, 2013’’. 
SEC. 245. EXECUTIVE AGENT FOR ADVANCED ENERGETICS. 
(a) EXECUTIVE AGENT.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall designate a senior official of the Depart-
ment of Defense to act as the executive agent for advanced 
energetics. 
(b) ROLES, RESPONSIBILITIES, 
AND
AUTHORI-
TIES.— 
(1) ESTABLISHMENT.—Not later than 1 year 
after the date of the enactment of this Act, and in 
accordance with Directive 5101.1, the Secretary of
Defense shall prescribe the roles, responsibilities, 
and authorities of the executive agent designated 
under subsection (a). 
(2) SPECIFICATION.—The roles and responsibil-
ities of the executive agent designated under sub-
section (a) shall include each of the following: 
(A) Assessment of the current state of, 
and advances in, research, development, and 
manufacturing technology of energetic materials 
in both foreign countries and the United States. 
(B) Development of strategies to address 
matters identified as a result of the assessment 
described in subparagraph (A). 
(C) Development of recommended funding 
strategies to retain sufficient explosive domestic 
production capacity, continue the development 
of innovative munitions, and recruit the next 
generation of scientists and engineers of ad-
vanced energetics. 
(D) Recommending changes to strengthen 
the energetic capabilities of the Department of 
Defense. 
(E) Such other roles and responsibilities as 
the Secretary of Defense considers appropriate.
(c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 
In accordance with Directive 5101.1, the Secretary of De-
fense shall ensure that the military departments, Defense 
Agencies, and other components of the Department of De-
fense provide the executive agent designated under sub-
section (a) with the appropriate support and resources 
needed to perform the roles, responsibilities, and authori-
ties of the executive agent. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Directive 5101.1’’ means De-
partment of Defense Directive 5101.1, dated Sep-
tember 3, 2002, or any successor directive relating 
to the responsibilities of an executive agent of the 
Department of Defense. 
(2) The term ‘‘executive agent’’ had the mean-
ing given the term ‘‘DoD Executive Agent’’ in Direc-
tive 5101.1. 
SEC. 246. STUDY ON THORIUM-LIQUID FUELED REACTORS 
FOR NAVAL FORCES. 
(a) STUDY REQUIRED.—The Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff shall jointly 
carry out a study on the use of thorium-liquid fueled nu-
clear reactors for naval power needs pursuant to section 
1012, of the National Defense Authorization Act for Fis-
cal Year 2008 (Public Law 110–181; 122 Stat. 303).
(b) CONTENTS OF STUDY.—In carrying out the study 
required under subsection (a), the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff shall, with 
respect to naval power requirements for the Navy strike 
and amphibious force— 
(1) compare and contrast thorium-liquid fueled 
reactor concept to the 2005 Quick Look, 2006 Navy 
Alternative Propulsion Study, and the navy CG(X) 
Analysis of Alternatives study; 
(2) identify the benefits to naval operations 
which thorium-liquid fueled nuclear reactors or ura-
nium reactors would provide to major surface com-
batants compared to conventionally fueled ships, in-
cluding such benefits with respect to— 
(A) fuel cycle, from mining to waste dis-
posal; 
(B) security of fuel supply; 
(C) power needs for advanced weapons and 
sensors; 
(D) safety of operation, waste handling 
and disposal, and proliferation issues compared 
to uranium reactors; 
(E) no requirement to refuel and reduced 
logistics; 
(F) ship upgrades and retrofitting;
(G) reduced manning; 
(H) global range at flank speed, greater 
forward presence, and extended combat oper-
ations; 
(I) power for advanced sensors and weap-
ons, including electromagnetic guns and lasers; 
(J) survivability due to increased perform-
ance and reduced signatures; 
(K) high power density propulsion; 
(L) operational tempo; 
(M) operational effectiveness; and 
(N) estimated cost-effectiveness; and 
(3) conduct a ROM cost-effectiveness compari-
son of nuclear reactors in use by the Navy as of the 
date of the enactment of this Act, thorium-liquid 
fueled reactors, and conventional fueled major sur-
face combatants, which shall include a comparison 
of— 
(A) security, safety, and infrastructure 
costs of fuel supplies; 
(B) nuclear proliferation issues; 
(C) reactor safety; 
(D) nuclear fuel safety, waste handling, 
and storage;
(E) power requirements and distribution 
for sensors, weapons, and propulsion; and 
(F) capabilities to fully execute the Navy 
Maritime Strategic Concept. 
(c) REPORT.—Not later than February 1, 2011, the 
Secretary of Defense and the Chairman of the Joint 
Chiefs of Staff shall jointly submit to the congressional 
defense committees a report on the results of the study 
required under subsection (a). 
SEC. 247. VISITING NIH SENIOR NEUROSCIENCE FELLOW-
SHIP PROGRAM. 
(a) AUTHORITY TO ESTABLISH.—The Secretary of 
Defense may establish a program to be known as the Vis-
iting NIH Senior Neuroscience Fellowship Program at— 
(1) the Defense Advanced Research Projects 
Agency; and 
(2) the Defense Center of Excellence for Psy-
chological Health and Traumatic Brain Injury. 
(b) ACTIVITIES OF THE PROGRAM.—In establishing 
the Visiting NIH Senior Neuroscience Fellowship Pro-
gram under subsection (a), the Secretary shall require the 
program to— 
(1) provide a partnership between the National 
Institutes of Health and the Defense Advanced Re-
search Projects Agency to enable identification and
funding of the broadest range of innovative, highest 
quality clinical and experimental neuroscience stud-
ies for the benefit of members of the Armed Forces; 
(2) provide a partnership between the National 
Institutes of Health and the Defense Center of Ex-
cellence for Psychological Health and Traumatic 
Brain Injury that will enable identification and 
funding of clinical and experimental neuroscience 
studies for the benefit of members of the Armed 
Forces; 
(3) use the results of the studies described in 
paragraph (1) and (2) to enhance the mission of the 
National Institutes of Health for the benefit of the 
public; and 
(4) provide a military and civilian collaborative 
environment for neuroscience-based medical prob-
lem-solving in critical areas affecting both military 
and civilian life, particularly post-traumatic stress 
disorder. 
(c) PERIOD OF FELLOWSHIP.—The period of any fel-
lowship under the Program shall not last more than 2 
years and shall not continue unless agreed upon by the 
parties concerned.
SEC. 248. AUTHORITY FOR NATIONAL AERONAUTICS AND 
SPACE ADMINISTRATION FEDERALLY FUND-
ED RESEARCH AND DEVELOPMENT CENTERS 
TO PARTICIPATE IN MERIT-BASED TECH-
NOLOGY 
RESEARCH 
AND 
DEVELOPMENT 
PROGRAMS. 
Section 217(f)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337; 108 
Stat 2695) is amended by adding at the end the following 
new subparagraph: 
‘‘(C) A federally funded research and development 
center of the National Aeronautics and Space Administra-
tion that functions primarily as a research laboratory may 
respond to broad agency announcements under programs 
authorized by the Federal Government for the purpose of 
promoting the research, development, demonstration, or 
transfer of technology in a manner consistent with the 
terms and conditions of such program, for activities in-
cluding, but not limited to, those conducted by the center 
under contract with or on behalf of the Department of 
Defense or through transfer of funds from the Depart-
ment of Defense to the National Aeronautics and Space 
Administration.’’. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Clarification of requirement for use of available funds for Department 
of Defense participation in conservation banking programs. 
Sec. 312. Reauthorization of title I of Sikes Act. 
Sec. 313. Authority of Secretary of a military department to enter into inter-
agency agreements for land management on Department of 
Defense installations. 
Sec. 314. Reauthorization of pilot program for invasive species management for 
military installations in Guam. 
Sec. 315. Reimbursement of Environmental Protection Agency for certain costs 
in connection with the Former Nansemond Ordnance Depot 
Site, Suffolk, Virginia. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Public-private competition required before conversion of any Depart-
ment of Defense function performed by civilian employees to 
contractor performance. 
Sec. 322. Time limitation on duration of public-private competitions. 
Sec. 323. Inclusion of installation of major modifications in definition of depot- 
level maintenance and repair. 
Sec. 324. Modification of authority for Army industrial facilities to engage in 
cooperative activities with non-Army entities. 
Sec. 325. Cost-benefit analysis of alternatives for performance of planned main-
tenance interval events and concurrent modifications performed 
on the AV–8B Harrier weapons system. 
Sec. 326. Termination of certain public-private competitions for conversion of 
Department of Defense functions to performance by a con-
tractor. 
Sec. 327. Temporary suspension of public-private competitions for conversion of 
Department of Defense functions to performance by a con-
tractor. 
Sec. 328. Requirement for debriefings related to conversion of functions from 
performance by Federal employees to performance by a con-
tractor. 
Sec. 329. Amendments to bid protest procedures by Federal employees and 
agency officials in conversions of functions from performance 
by Federal employees to performance by a contractor. 
Subtitle D—Energy Security 
Sec. 331. Authorization of appropriations for Director of Operational Energy. 
Sec. 332. Report on implementation of Comptroller General recommendations 
on fuel demand management at forward-deployed locations. 
Sec. 333. Consideration of renewable fuels. 
Sec. 334. Department of Defense goal regarding procurement of renewable 
aviation fuels. 
Subtitle E—Reports 
Sec. 341. Annual report on procurement of military working dogs. 
Subtitle F—Other Matters
Sec. 351. Authority for airlift transportation at Department of Defense rates 
for non-Department of Defense Federal cargoes. 
Sec. 352. Requirements for standard ground combat uniform. 
Sec. 353. Restriction on use of funds for counterthreat finance efforts. 
Sec. 354. Limitation on obligation of funds pending submission of classified 
justification material. 
Sec. 355. Condition-based maintenance demonstration programs. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for 
fiscal year 2010 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, in amounts as follows: 
(1) For the Army, $31,398,432,000. 
(2) For the Navy, $35,330,997,000. 
(3) For the Marine Corps, $5,570,823,000. 
(4) For the Air Force, $34,451,654,000. 
(5) 
For 
Defense-wide 
activities, 
$29,016,532,000. 
(6) For the Army Reserve, $2,572,196,000. 
(7) For the Naval Reserve, $1,292,501,000. 
(8) 
For 
the 
Marine 
Corps 
Reserve, 
$228,925,000. 
(9) For the Air Force Reserve, $3,088,528,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$6,268,884,000.
100 
(11) 
For 
the 
Air 
National 
Guard, 
$5,919,461,000. 
(12) For the United States Court of Appeals 
for the Armed Forces, $13,932,000. 
(13) For the Acquisition Development Work-
force Fund, $100,000,000. 
(14) For Environmental Restoration, Army, 
$415,864,000. 
(15) For Environmental Restoration, Navy, 
$285,869,000. 
(16) For Environmental Restoration, Air Force, 
$494,276,000. 
(17) For Environmental Restoration, Defense- 
wide, $11,100,000. 
(18) For Environmental Restoration, Formerly 
Used Defense Sites, $267,700,000. 
(19) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $109,869,000. 
(20) For Cooperative Threat Reduction pro-
grams, $434,093,000. 
(21) For the Overseas Contingency Operations 
Transfer Fund, $5,000,000.
101 
Subtitle B—Environmental 
Provisions 
SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF 
AVAILABLE FUNDS FOR DEPARTMENT OF DE-
FENSE PARTICIPATION IN CONSERVATION 
BANKING PROGRAMS. 
Section 2694c of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘to carry out 
this section’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) SOURCE OF FUNDS.—(1) Amounts described in 
paragraph (2) shall be available for activities under this 
section. 
‘‘(2) Amounts described in this paragraph are 
amounts available for any of the following: 
‘‘(A) Operation and maintenance. 
‘‘(B) Military construction. 
‘‘(C) Research, development, test, and evalua-
tion. 
‘‘(D) The Support for United States Relocation 
to Guam Account established under section 2824 of
102 
the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4730; 10 U.S.C. 2687 note).’’. 
SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT. 
(a) REAUTHORIZATION.—Section 108 of the Sikes 
Act (16 U.S.C. 670f) is amended by striking ‘‘fiscal years 
2004 through 2008’’ each place it appears and inserting 
‘‘fiscal years 2010 through 2015’’. 
(b) CLARIFICATION OF AUTHORIZATIONS.—Such sec-
tion is further amended— 
(1) in subsection (b), by striking ‘‘There are 
authorized’’ and inserting ‘‘Of the amounts author-
ized to be appropriated to the Department of De-
fense, there are authorized’’; and 
(2) in subsection (c), by striking ‘‘There are au-
thorized’’ and inserting ‘‘Of the amounts authorized 
to be appropriated to the Department of the Inte-
rior, there are authorized’’. 
SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DE-
PARTMENT TO ENTER INTO INTERAGENCY 
AGREEMENTS FOR LAND MANAGEMENT ON 
DEPARTMENT OF DEFENSE INSTALLATIONS. 
(a) AUTHORITY.—Section 103 of the Sikes Act (16 
U.S.C. 670c–1) is amended— 
(1) in subsection (a)—
103 
(A) by inserting after ‘‘and individuals’’ 
the following: ‘‘, and into interagency agree-
ments with the heads of other Federal depart-
ments and agencies,’’; and 
(B) in paragraph (2), by inserting ‘‘or 
interagency 
agreement’’ 
after 
‘‘cooperative 
agreement’’; 
(2) in subsection (b), by inserting ‘‘or inter-
agency agreement’’ after ‘‘cooperative agreement’’; 
and 
(3) in subsection (c), by inserting ‘‘and inter-
agency agreements’’ after ‘‘cooperative agreements’’ 
the first place it appears. 
(b) CLERICAL AMENDMENTS.—The heading for such 
section is amended by inserting ‘‘AND INTERAGENCY’’ 
after ‘‘COOPERATIVE’’and the table of contents for such 
Act is conformed accordingly. 
SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR 
INVASIVE SPECIES MANAGEMENT FOR MILI-
TARY INSTALLATIONS IN GUAM. 
Section 101(g)(1) of the Sikes Act (16 U.S.C. 
670a(g)(1)) is amended by striking ‘‘fiscal years 2004 
through 2008’’ and inserting ‘‘fiscal years 2010 through 
2015’’.
104 
SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION WITH THE FORMER NANSEMOND 
ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds de-
scribed in subsection (b) and notwithstanding sec-
tion 2215 of title 10, United States Code, the Sec-
retary of Defense may transfer not more than 
$68,623 during fiscal year 2010 to the Former 
Nansemond Ordnance Depot Site Special Account, 
within the Hazardous Substance Superfund. 
(2) PURPOSE OF REIMBURSEMENT.—The pay-
ment under paragraph (1) is final payment to reim-
burse the Environmental Protection Agency for all 
costs incurred in overseeing a time critical removal 
action performed by the Department of Defense 
under the Defense Environmental Restoration Pro-
gram for ordnance and explosive safety hazards at 
the Former Nansemond Ordnance Depot Site, Suf-
folk, Virginia. 
(3) INTERAGENCY
AGREEMENT.—The reim-
bursement described in paragraph (2) is provided for 
in an interagency agreement entered into by the De-
partment of the Army and the Environmental Pro-
105 
tection Agency for the Former Nansemond Ord-
nance Depot Site in December 1999. 
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301(17) of this Act for operation 
and maintenance for Environmental Restoration, For-
merly Used Defense Sites. 
(c) USE OF FUNDS.—The Environmental Protection 
Agency shall use the amount transferred under subsection 
(a) to pay costs incurred by the agency at the Former 
Nansemond Ordnance Depot Site. 
SEC. 316. PROCUREMENT AND USE OF MUNITIONS. 
The Secretary of Defense shall— 
(1) in making decisions with respect to the pro-
curement of munitions, develop methods to account 
for the full life-cycle costs of munitions, including 
the effects of failure rates on the cost of disposal; 
(2) undertake a review of live-fire practices for 
the purpose of reducing unexploded ordnance and 
munitions-constituent contamination without imped-
ing military readiness; and 
(3) not later than 180 days after the date of 
the enactment of this Act, and annually thereafter, 
submit to Congress a report on the methods devel-
oped pursuant to this section and the progress of the
106 
live-fire review and recommendations for reducing 
the life-cycle costs of munitions, unexploded ord-
nance, and munitions-constituent contamination. 
SEC. 317. PROHIBITION ON DISPOSING OF WASTE IN OPEN- 
AIR BURN PITS. 
(a) IN GENERAL.—The Secretary of Defense shall 
prohibit the disposal of covered waste in an open-air burn 
pit during a contingency operation lasting longer than 1 
year. 
(b) REGULATIONS.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Defense 
shall prescribe regulations to carry out this section. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress a report on the use of open-air burn pits in 
contingency operations. The report shall include— 
(1) a description of each type of waste burned 
in such open-air burn pits; and 
(2) a discussion of the feasibility of alternative 
methods of disposing of covered waste, including— 
(A) a plan to use such alternative methods; 
or 
(B) if the Secretary determines that no 
such alternative method is feasible, a detailed 
discussion explaining why open-air burn pits are
107 
the only feasible method of disposing of such 
waste. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘contingency operation’’ has the 
meaning given that term by section 101(a)(13) of 
title 10, United States Code. 
(2) The term ‘‘covered waste’’ includes— 
(A) hazardous waste, as defined by section 
1004(5) of the Solid Waste Disposal Act (42 
U.S.C. 6903(5)); 
(B) medical waste; and 
(C) solid waste containing plastic. 
SEC. 318. MILITARY MUNITIONS RESPONSE SITES. 
(a) INFORMATION SHARING.—Section 2710(a)(2)(B) 
of title 10, United States Code, is amended by inserting 
‘‘, county,’’ after ‘‘identification of the State’’. 
(b) MILITARY MUNITIONS RESPONSE PROGRAM AND 
INSTALLATION RESTORATION PROGRAM.—The Secretary 
of Defense shall— 
(1) as part of the Secretary’s annual budget 
submission to Congress, include the funding levels 
requested for Military Munitions Response Program 
and Installation Restoration Program; and
108 
(2) evaluate and report on the progress of such 
programs in the Defense Environmental Program’s 
Annual Report to Congress. 
Subtitle C—Workplace and Depot 
Issues 
SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BE-
FORE CONVERSION OF ANY DEPARTMENT OF 
DEFENSE FUNCTION PERFORMED BY CIVIL-
IAN EMPLOYEES TO CONTRACTOR PERFORM-
ANCE. 
(a) REQUIREMENT.—Section 2461(a)(1) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘A function’’ and inserting ‘‘No 
function’’; 
(2) by striking ‘‘10 or more’’; and 
(3) by striking ‘‘may not be converted’’ and in-
serting ‘‘may be converted’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to a function for 
which a public-private competition is commenced on or 
after the date of the enactment of this Act.
109 
SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRI-
VATE COMPETITIONS. 
(a) TIME LIMITATION.—Section 2461(a) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(5)(A) The duration of a public-private competition 
conducted pursuant to Office of Management and Budget 
Circular A–76 or any other provision of law for any func-
tion of the Department of Defense performed by Depart-
ment of Defense civilian employees may not exceed a pe-
riod of 540 days, commencing on the date on which the 
preliminary planning for the public-private competition be-
gins through the date on which a performance decision 
is rendered with respect to the function. 
‘‘(B) The time period specified in subparagraph (A) 
for a public-private competition does not include any day 
during which the public-private competition is delayed by 
reason of a protest before the Government Accountability 
Office or the United States Court of Federal Claims un-
less the Secretary of Defense determines that the delay 
is caused by issues being raised during the appellate proc-
ess that were not previously raised during the competition. 
‘‘(C) In this paragraph, the term ‘preliminary plan-
ning’ with respect to a public-private competition means 
any action taken to carry out any of the following activi-
ties:
110 
‘‘(i) Determining the scope of the competition. 
‘‘(ii) Conducting research to determine the ap-
propriate grouping of functions for the competition. 
‘‘(iii) Assessing the availability of workload 
data, quantifiable outputs of functions, and agency 
or industry performance standards applicable to the 
competition. 
‘‘(iv) Determining the baseline cost of any func-
tion for which the competition is conducted.’’. 
(b) EFFECTIVE DATE.—Paragraph (5) of section 
2461(a) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to a public-private 
competition covered by such section that is being con-
ducted on or after the date of the enactment of this Act. 
SEC. 323. INCLUSION OF INSTALLATION OF MAJOR MODI-
FICATIONS IN DEFINITION OF DEPOT-LEVEL 
MAINTENANCE AND REPAIR. 
Section 2460 of title 10, United States Code, is 
amended in the second sentence— 
(1) by striking ‘‘and’’ before ‘‘(2)’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, and (3) the installation of major modi-
fications, including performance or safety modifica-
tions’’.
111 
SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUS-
TRIAL FACILITIES TO ENGAGE IN COOPERA-
TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 
The second sentence of section 4544(a) of title 10, 
United States Code, is amended by inserting before the 
period at the end the following: ‘‘in addition to the con-
tracts and cooperative agreements in effect as of the date 
of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181)’’. 
SEC. 325. COST-BENEFIT ANALYSIS OF ALTERNATIVES FOR 
PERFORMANCE OF PLANNED MAINTENANCE 
INTERVAL EVENTS AND CONCURRENT MODI-
FICATIONS PERFORMED ON THE AV–8B HAR-
RIER WEAPONS SYSTEM. 
(a) COST-BENEFIT ANALYSIS REQUIRED.—The Sec-
retary of the Navy, in consultation with the Commandant 
of the Marine Corps, shall carry out a thorough economic 
analysis of the costs and benefits associated with each al-
ternative the Secretary is considering for the performance 
of planned maintenance interval events and concurrent or 
stand alone modifications performed on the AV–8B Har-
rier weapons system. Such analysis shall be performed in 
accordance with Department of Defense Instruction 
7043.1, entitled ‘‘Economic Analysis for Decisionmaking’’, 
and Office of Management and Budget Circular A–94, en-
titled ‘‘Guidelines and Discount Rates for Benefit-Cost
112 
Analysis of Federal Programs’’ and dated October 29, 
1992, and, for each such alternative, shall include an as-
sessment of the following: 
(1) The effect of the loss of workload on or-
ganic depot labor rates associated with each alter-
native. 
(2) The effect on the depot net operating result 
for each such alternative. 
(3) The effect on long-term sustainment of 
depot-level capabilities for future support of core 
workload throughout the life cycle of the AV–8B 
Harrier weapons system. 
(4) The risk to readiness, the aviation safety 
risk, and the enterprise-wide financial risk associ-
ated with each such alternative. 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Navy shall submit to the congressional defense com-
mittees a report on the cost-benefit analysis required in 
subsection (a). The report shall include each of the fol-
lowing: 
(1) The criteria and rationale used to classify 
work as organization-level maintenance or depot- 
level maintenance.
113 
(2) An explanation of the core logistics capabili-
ties and associated workload requirements for the 
AV–8B weapons system, including an explanation of 
how such requirements were determined and ration-
ale for classifying the planned maintenance interval 
events and concurrent or stand alone modifications 
on the AV–8B as above core workload. 
(3) An assessment of the effects of proposed 
workload transfer on the Department of the Navy’s 
division of depot maintenance funding between pub-
lic and private sectors in accordance with section 
2466(a) of title 10, United States Code. 
(c) PROHIBITION ON CONTRACTING ACTIVITIES.— 
The Secretary of the Navy may not enter into a contract 
for the performance of planned maintenance interval 
events or associated depot-level maintenance activities, in-
cluding concurrent or stand alone modifications, by non- 
Federal Government personnel until 90 days after the date 
on which the Secretary completes the assessment required 
under subsection (a) and submits the report required 
under subsection (b).
114 
SEC. 326. TERMINATION OF CERTAIN PUBLIC-PRIVATE 
COMPETITIONS FOR CONVERSION OF DE-
PARTMENT OF DEFENSE FUNCTIONS TO PER-
FORMANCE BY A CONTRACTOR. 
(a) TEMPORARY SUSPENSION OF PENDING STUD-
IES.—The Secretary of Defense shall halt all pending pub-
lic-private competitions being conducted pursuant to sec-
tion 2461 of title 10, United States Code, or Office of 
Management and Budget Circular A–76 that had not re-
sulted in conversion to performance to a contractor as of 
March 26, 2009, until such time as the Secretary may 
review such competitions. 
(b) REVIEW AND APPROVAL PROCESS.— 
(1) REVIEW REQUIRED.—Before recommencing 
any pending study for a public-private competition 
halted under subsection (a), the Secretary of De-
fense shall review all the studies halted by reason of 
that subsection and take the following actions with 
respect to each such study: 
(A) Describe the methodology and data 
sources along with outside resources to gather 
and analyze information necessary to estimate 
cost savings. 
(B) Certify that the estimated savings are 
still achievable.
115 
(C) Document the rationale for rejecting 
an individual command’s request to cancel, 
defer, or reduce the scope of a decision to con-
duct the study. 
(D) Consider alternatives to the study that 
would provide savings and improve performance 
such as internal reorganizations. 
(E) Include any other relevant information 
to justify recommencement of the study. 
(2) TERMINATION OF CERTAIN STUDIES.—The 
Secretary of Defense shall terminate any study for 
a public-private competition that has been conducted 
for longer than 18 months (beginning with prelimi-
nary planning and ending with the exhaustion of 
General Accountability Office protests), or submit to 
Congress a written justification for continuing of the 
study. 
(c) CONGRESSIONAL NOTIFICATION.—The Secretary 
of Defense may not recommence a study halted pursuant 
to subsection (a) until the Secretary submits to Congress 
a report describing the actions taken by the Secretary 
under paragraphs (1) and (2) of subsection (b).
116 
SEC. 327. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE 
COMPETITIONS FOR CONVERSION OF DE-
PARTMENT OF DEFENSE FUNCTIONS TO PER-
FORMANCE BY A CONTRACTOR. 
During the period beginning on the date of the enact-
ment of this Act and ending on September 30, 2012, no 
study or competition regarding the conversion to perform-
ance by a contractor of any Department of Defense func-
tion may be begun or announced pursuant to 2461 of title 
10, United States Code, or otherwise pursuant to Office 
of Management and Budget Circular A–76. 
SEC. 328. REQUIREMENT FOR DEBRIEFINGS RELATED TO 
CONVERSION OF FUNCTIONS FROM PER-
FORMANCE BY FEDERAL EMPLOYEES TO 
PERFORMANCE BY A CONTRACTOR. 
The Administrator for Federal Procurement Policy 
shall revise the Federal Acquisition Regulation to allow 
for pre-award and post-award debriefings of Federal em-
ployee representatives in the case of a conversion of any 
function from performance by Federal employees to per-
formance by a contractor. Such debriefings will conform 
to the requirements of section 2305(b)(6)(A) of title 10, 
United States Code, section 303B(f) of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
253b(f)), and subparts 15.505 and 15.506 (as in effect
117 
on the date of the enactment of this Act ) of the Federal 
Acquisition Regulation. 
SEC. 329. AMENDMENTS TO BID PROTEST PROCEDURES BY 
FEDERAL EMPLOYEES AND AGENCY OFFI-
CIALS 
IN 
CONVERSIONS 
OF 
FUNCTIONS 
FROM PERFORMANCE BY FEDERAL EMPLOY-
EES TO PERFORMANCE BY A CONTRACTOR. 
(a) PROTEST JURISDICTION OF THE COMPTROLLER 
GENERAL.—Section 3551(1) of title 31, United States 
Code, is amended by adding at the end the following new 
subparagraph: 
‘‘(E) Conversion of a function that is being 
performed by Federal employees to private sec-
tor performance.’’. 
(b) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM-
PETITIONS.—Clause (i) of paragraph (2)(B) of section 
3551 of title 31, United States Code, is amended to read 
as follows: 
‘‘(i) any official who is responsible for 
submitting the agency tender in such com-
petition; and’’. 
(c) PREJUDICE TO FEDERAL EMPLOYEES.— 
(1) IN
GENERAL.—Section 3557 of title 31, 
United States Code, is amended—
118 
(A) by inserting ‘‘(A) EXPEDITED AC-
TION.—’’ before ‘‘For any protest’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) INJURY TO FEDERAL EMPLOYEES.—In the case 
of a protest filed by an interested party described in sub-
paragraph (B) of section 3551(2) of this title, a showing 
that a Federal employee has been displaced from per-
forming a function or part thereof, and that function is 
being performed by the private sector, is sufficient evi-
dence that a conversion has occurred resulting in concrete 
injury and prejudice to the Federal employee as a con-
sequence of agency action.’’. 
(2) CONFORMING
AND
CLERICAL
AMEND-
MENTS.— 
(A) The heading of section 3557 of such 
title is amended to read as follows: 
‘‘§ 3557. Protests of public-private competitions’’. 
(B) The item relating to section 3557 in 
the table of sections at the beginning of chapter 
35 of such title is amended to read as follows: 
‘‘3557. Protests of public-private competitions.’’. 
(d) DECISIONS ON PROTESTS.—Section 3554(b) of 
title 31, United States Code, is amended— 
(1) by redesignating subparagraphs (F) and 
(G) as subparagraphs (G) and (H), respectively;
119 
(2) by inserting after subparagraph (E) the fol-
lowing new subparagraph (F): 
‘‘(F) cancel the solicitation issued pursuant 
to the public-private competition conducted 
under Office of Management and Budget Cir-
cular A–76 or any successor circular;’’; and 
(3) in subparagraph (G), as redesignated by 
paragraph (1), by striking ‘‘, and (E)’’ an inserting 
‘‘, (E), and (G)’’. 
(e) APPLICABILITY.—The amendments made by this 
section shall apply— 
(1) to any protest or civil action that relates to 
a public-private competition conducted after the date 
of the enactment of this Act under Office of Man-
agement and Budget Circular A–76, or any suc-
cessor circular; or 
(2) to a decision made after the date of the en-
actment of this Act to convert a function performed 
by Federal employees to private sector performance 
without a competition under Office of Management 
and Budget Circular A–76.
120 
Subtitle D—Energy Security 
SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DI-
RECTOR OF OPERATIONAL ENERGY. 
Of the amounts authorized to be appropriated for Op-
eration and Maintenance, Defense-wide, $5,000,000 is for 
the Director of Operational Energy Plans and Programs 
to carry out the duties prescribed for the Director under 
section 139b of title 10, United States Code, to be made 
available upon the confirmation of an individual to serve 
as the Director of Operational Energy Plans and Pro-
grams. 
SEC. 
332. 
REPORT 
ON 
IMPLEMENTATION 
OF 
COMP-
TROLLER GENERAL RECOMMENDATIONS ON 
FUEL DEMAND MANAGEMENT AT FORWARD- 
DEPLOYED LOCATIONS. 
Not later than February 1, 2010, the Director of 
Operational Energy Plans and Programs of the Depart-
ment of Defense (or, in the event that no individual has 
been confirmed as the Director, the Secretary of Defense) 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on any spe-
cific actions that have been taken to implement the fol-
lowing three recommendations made by the Comptroller 
General:
121 
(1) The recommendation that each of the com-
batant commanders establish requirements for man-
aging fuel demand at forward-deployed locations 
within their respective areas of responsibility. 
(2) The recommendation that the head of each 
military department develop guidance to implement 
such requirements. 
(3) The recommendation that the Chairman of 
the Joint Chiefs of Staff require that fuel demand 
considerations be incorporated into the Joint Staff’s 
initiative to develop joint standards of life support at 
forward-deployed locations. 
SEC. 333. CONSIDERATION OF RENEWABLE FUELS. 
(a) IN GENERAL.—The Secretary of Defense shall 
consider renewable fuels, including domestically produced 
algae-based, biodiesel, and biomass-derived fuels, for test-
ing, certification, and use in aviation, maritime, and 
ground transportation fleets. 
(b) REPORT.—Not later than February 1, 2010, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives a report on the Secretary’s consideration of renew-
able fuels that includes each of the following: 
(1) An assessment of the use of renewable 
fuels, including domestically produced algae-based,
122 
biodiesel, and biomass-derived fuels, as alternative 
fuels in aviation, maritime, and ground transpor-
tation fleets (including tactical vehicles and applica-
tions). Such assessment shall include technical, 
logistical, and policy considerations. 
(2) An assessment of whether it would be bene-
ficial to establish a renewable fuel commodity class 
that is distinct from petroleum-based products. 
SEC. 334. DEPARTMENT OF DEFENSE GOAL REGARDING 
PROCUREMENT OF RENEWABLE AVIATION 
FUELS. 
(a) Subchapter II of chapter 173 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2922g. Goal regarding procurement of renewable 
aviation fuels 
‘‘It shall be the goal of the Department of Defense— 
‘‘(1) for fiscal year 2025, and each subsequent 
fiscal year, to procure from renewable aviation fuel 
sources not less than 25 percent of the total quan-
tity of aviation fuel consumed by the Department of 
Defense in the contiguous United States; and 
‘‘(2) to procure fuels from renewable aviation 
fuel sources whenever the use of such renewable 
aviation fuels is consistent with the operational en-
123 
ergy strategy required by section 139b(d) of this 
title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2922f the following new 
item: 
‘‘2922g. Goal regarding procurement of renewable aviation fuels.’’. 
SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCURE-
MENT REQUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 
amended— 
(1) by striking ‘‘No Federal agency’’ and insert-
ing ‘‘(a) REQUIREMENT.—Except as provided in 
subsection (b), no Federal agency’’; and 
(2) by adding at the end the following: 
‘‘(b) EXCEPTION.—Subsection (a) does not prohibit 
a Federal agency from entering into a contract to pur-
chase a generally available fuel that is not an alternative 
or synthetic fuel or predominantly produced from a non-
conventional petroleum source, if— 
‘‘(1) the contract does not specifically require 
the contractor to provide an alternative or synthetic 
fuel or fuel from a nonconventional petroleum 
source;
124 
‘‘(2) the purpose of the contract is not to obtain 
an alternative or synthetic fuel or fuel from a non-
conventional petroleum source; and 
‘‘(3) the contract does not provide incentives for 
a refinery upgrade or expansion to allow a refinery 
to use or increase its use of fuel from a nonconven-
tional petroleum source.’’. 
Subtitle E—Reports 
SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILI-
TARY WORKING DOGS. 
Section 358 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) ANNUAL REPORT.—Not later than 90 days after 
the date of the enactment of the National Defense Author-
ization Act for Fiscal Year 2010, and annually thereafter, 
the Secretary, acting through the Executive Agent, shall 
submit to the congressional defense committees a report 
on the procurement of military working dogs for the fiscal 
year preceding the fiscal year during which the report is 
submitted. Such a report may be combined with the report
125 
required under section 2582(f) of title 10, United States 
Code, for the same fiscal year as the fiscal year covered 
by the report under this subsection. Each report under 
this subsection shall include the following for the fiscal 
year covered by the report: 
‘‘(1) The number of military working dogs pro-
cured from domestic breeders by each military de-
partment or Defense Agency. 
‘‘(2) The number of military working dogs pro-
cured from non-domestic breeders by each military 
department or Defense Agency. 
‘‘(3) The total cost of procuring military work-
ing dogs from domestic breeders and the total cost 
of procuring such dogs from non-domestic breeders. 
‘‘(4) The total cost of procuring military work-
ing dogs for each military department or Defense 
Agency.’’. 
Subtitle F—Other Matters 
SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT 
DEPARTMENT OF DEFENSE RATES FOR NON- 
DEPARTMENT OF DEFENSE FEDERAL CAR-
GOES. 
(a) IN GENERAL.—Section 2642(a) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph:
126 
‘‘(3) During the five-year period beginning on 
the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2010, for military 
airlift services provided to any element of the Fed-
eral Government outside the Department of Defense 
in circumstances other than those specified in para-
graphs (1) and (2), but only if the Secretary of De-
fense determines that the provision of such services 
will promote the improved use of airlift capacity 
without any negative effect on national security ob-
jectives or the national security interests contained 
within the United States commercial air industry.’’. 
(b) ANNUAL REPORT.—Not later than March 1 of 
each year for which the paragraph (3) of section 2642(a) 
of title 10, United States Code, as added by subsection 
(a), is in effect, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and 
House of Representatives an annual report describing, in 
detail, the Secretary’s use of the authority under that 
paragraph, including— 
(1) how the authority was used; 
(2) the frequency of use of the authority; 
(3) the Secretary’s rationale for the use of the 
authority; and 
(4) for which agencies the authority was used.
127 
SEC. 352. REQUIREMENTS FOR STANDARD GROUND COM-
BAT UNIFORM. 
The Secretary of Defense, in consultation with the 
Director of the Defense Logistics Agency, shall stand-
ardize the design of future ground combat uniforms. The 
future ground combat uniforms designed pursuant to this 
section shall be designed to— 
(1) increase the interoperability of ground com-
bat forces; 
(2) eliminate any uniqueness that could pose a 
tactical risk in a theater of operations; 
(3) maximize conformance with personal protec-
tive gear and body armor; 
(4) ensure standard coloration and pattern for 
the uniform; 
(5) be appropriate to the terrain, climate, and 
conditions in which the forces may be operating; 
(6) minimize production costs; and 
(7) minimize costs to the services for issuing 
the new standard ground combat uniform. 
SEC. 353. RESTRICTION ON USE OF FUNDS FOR COUNTER-
THREAT FINANCE EFFORTS. 
(a) RESTRICTION.—Of the amounts authorized to be 
appropriated by this Act for fiscal year 2010, not more 
than 90 percent may be obligated or expended to support 
personnel and operations for Department of Defense
128 
counterthreat finance efforts, except for activities carried 
out by Department of Defense personnel and by personnel 
employed pursuant to a contract entered into by the Sec-
retary of Defense, until the Secretary of Defense, in con-
sultation with the Secretary of State, the Secretary of the 
Treasury, and the Attorney General, submits to the con-
gressional defense committees a report on— 
(1) the nature and extent of the mission of such 
counterthreat finance efforts; 
(2) the nature and extent of future cost require-
ments associated with the mission; 
(3) the nature and extent of Department of De-
fense resources required to support the mission; 
(4) the nature and extent of support, including 
personnel and funding support, from other depart-
ments and agencies required to execute the mission, 
including Department of Defense force planning and 
funding initiatives; and 
(5) the nature and extent of both existing and 
future contractor support necessary to meet the mis-
sion requirements of the mission. 
(b) COUNTERTHREAT
FINANCE
EFFORTS
DE-
FINED.—In this section, the term ‘‘counterthreat finance 
efforts’’ has the meaning given that term pursuant to the 
Department of Defense memorandum dated December 2,
129 
2008, and entitled ‘‘Directive-Type Memorandum 08– 
034–DOD Counterthreat Finance Policy’’ or any suc-
cessor memorandum or related guidelines or regulations. 
SEC. 354. LIMITATION ON OBLIGATION OF FUNDS PENDING 
SUBMISSION OF CLASSIFIED JUSTIFICATION 
MATERIAL. 
Of the amounts authorized to be appropriated in this 
title for fiscal year 2010 for the Office of the Secretary 
of Defense for budget activity four, line 270, not more 
than 90 percent may be obligated until 15 days after the 
information cited in the classified annex accompanying 
this Act relating to the provision of classified justification 
material to Congress is provided to the congressional de-
fense committees. 
SEC. 355. CONDITION-BASED MAINTENANCE DEMONSTRA-
TION PROGRAMS. 
(a) TACTICAL WHEELED VEHICLES PROGRAM.—The 
Secretary of the Army may conduct a 12-month condition- 
based maintenance demonstration program on tactical 
wheeled vehicles, specifically the high mobility multi-pur-
pose wheeled vehicle, the heavy expanded mobility tactical 
truck and the family of medium tactical vehicles. 
(b) GUIDED MISSILE DESTROYER PROGRAM.—The 
Secretary of the Navy may conduct a 12-month dem-
onstration program on at least four systems or compo-
130 
nents of the guided missile destroyer class of surface com-
batant ships. 
(c) ISSUES TO BE ADDRESSED.—The demonstration 
programs described in subsections (a) and (b) shall ad-
dress— 
(1) the top 10 maintenance issues; 
(2) non-evidence of failures; and 
(3) projected return on investment analysis for 
a 10-year period. 
(d) OPEN ARCHITECTURE.—The demonstration pro-
grams’ design, system integration, and operations shall be 
conducted with an open architecture designed to— 
(1) interface with the extensible markup lan-
guage industry standard to provide diagnostic and 
prognostic reasoning for systems, subsystems or 
components; 
(2) 
facilitate 
common 
software 
systems, 
diagnostics tools, reference models, diagnostics rea-
soners, electronic libraries, and user interfaces for 
multiple ship and vehicle types; and 
(3) support the Department of Defense’s Class 
V interactive electronic technical manual operations. 
(e) REPORT.—The Secretary of the Army and the 
Secretary of the Navy shall submit a report to the congres-
sional defense committees, not later than October 1, 2010,
131 
that assesses whether the respective military department 
could reduce maintenance costs and improve operational 
readiness by implementing condition-based maintenance 
for the current and future tactical wheeled vehicle fleets 
and Navy surface combatants. 
SEC. 356. STUDY ON DISTRIBUTION OF HEMOSTATIC 
AGENTS. 
(a) STUDY.—Not later than December 31, 2009, the 
Secretary of Defense shall carry out a study and submit 
to the congressional defense committees a report on the 
distribution of hemostatic agents to members of the 
Armed Forces serving in Iraq and Afghanistan, to ensure 
each military service is complying with that service’s poli-
cies with respect to hemostatic agents, including a descrip-
tion of any distribution problems and attempts to resolve 
such problems. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that all members of the Armed Force deployed in 
combat zones should carry life-saving resources with them, 
including hemostatic agents. 
SEC. 357. EXTENSION OF ARSENAL SUPPORT PROGRAM INI-
TIATIVE. 
Section 343 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 
note) is amended—
132 
(1) in subsection (a), by striking ‘‘2010’’ and 
inserting ‘‘2011’’; and 
(2) in subsection (g)(1), by striking ‘‘2010’’ 
and inserting ‘‘2011’’. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Additional authority for increases of Army active duty end strengths 
for fiscal years 2011 and 2012. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active 
duty for operational support. 
Sec. 416. Submission of options for creation of Trainees, Transients, Holdees, 
and Students account for Army National Guard. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Repeal of delayed one-time shift of military retirement payments. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2010, as follows: 
(1) The Army, 547,400. 
(2) The Navy, 328,800. 
(3) The Marine Corps, 202,100. 
(4) The Air Force, 331,700.
133 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and in-
serting the following new paragraphs: 
‘‘(1) For the Army, 547,400. 
‘‘(2) For the Navy, 328,800. 
‘‘(3) For the Marine Corps, 202,100. 
‘‘(4) For the Air Force, 331,700.’’. 
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 
ARMY ACTIVE DUTY END STRENGTHS FOR 
FISCAL YEARS 2011 AND 2012. 
(a) AUTHORITY TO INCREASE ARMY ACTIVE DUTY 
END STRENGTHS.— 
(1) AUTHORITY.—For each of fiscal years 2011 
and 2012, the Secretary of Defense may, as the Sec-
retary determines necessary for the purposes speci-
fied in paragraph (2), establish the active-duty end 
strength for the Army at a number greater than the 
number otherwise authorized by law up to the num-
ber equal to the fiscal-year 2010 baseline plus 
30,000. 
(2) PURPOSE
OF
INCREASES.—The purposes 
for which increases may be made in Army active 
duty end strengths under paragraphs (1) and (2) 
are—
134 
(A) to support operational missions; and 
(B) to achieve reorganizational objectives, 
including increased unit manning, force sta-
bilization and shaping, and supporting wounded 
warriors. 
(3) FISCAL-YEAR 2010 BASELINE.—In this sub-
section, the term ‘‘fiscal-year 2010 baseline’’, with 
respect to the Army, means the active-duty end 
strength authorized for those services in section 
401(1). 
(4) ACTIVE-DUTY
END
STRENGTH.—In this 
subsection, the term ‘‘active-duty end strength’’ 
means the strength for active-duty personnel of one 
the Armed Forces as of the last day of a fiscal year. 
(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU-
THORITY.—Nothing in this section shall be construed to 
limit the President’s authority under section 123a of title 
10, United States Code, to waive any statutory end 
strength in a time of war or national emergency. 
(c) RELATIONSHIP TO OTHER VARIANCE AUTHOR-
ITY.—The authority under subsection (a) is in addition 
to the authority to vary authorized end strengths that is 
provided in subsections (e) and (f) of section 115 of title 
10, United States Code.
135 
(d) BUDGET TREATMENT.—If the Secretary of De-
fense determines under subsection (a) that an increase in 
the Army active duty end strength for a fiscal year is nec-
essary, then the budget for the Department of Defense 
for that fiscal year as submitted to the President shall 
include the amounts necessary for funding that active duty 
end strength in excess of the fiscal year 2010 active duty 
end strength authorized for the Army under section 
401(1). 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2010, as follows: 
(1) The Army National Guard of the United 
States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 65,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,700. 
(6) The Air Force Reserve, 69,500. 
(7) The Coast Guard Reserve, 10,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
136 
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2010, the following num-
137 
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,818. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,555. 
(6) The Air Force Reserve, 2,896. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2010 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 8,395. 
(2) For the Army National Guard of the United 
States, 27,210. 
(3) For the Air Force Reserve, 10,417. 
(4) For the Air National Guard of the United 
States, 22,313.
138 
SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2010, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 2,191. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2010, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2010, may not exceed 
90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
(c) CONFORMING AMENDMENT TO STATUTORY LIMI-
TATION.—Section 10217(c)(2) of title 10, United States
139 
Code, is amended by striking ‘‘1,950’’ and inserting 
‘‘2,541’’. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2010, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support duty under section 115(b) of title 10, United 
States Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 416. SUBMISSION OF OPTIONS FOR CREATION OF 
TRAINEES, TRANSIENTS, HOLDEES, AND STU-
DENTS 
ACCOUNT 
FOR 
ARMY 
NATIONAL 
GUARD. 
(a) REPORT REQUIRED.—Not later than February 1, 
2010, the Secretary of the Army shall submit to the con-
gressional defense committees a report evaluating options,
140 
and including a recommendation, for the creation of a 
Trainees, Transients, Holdees, and Students Account 
within the Army National Guard. 
(b) ELEMENTS OF REPORT.—At a minimum, the re-
port shall address— 
(1) the timelines, cost, force structure changes, 
and end strength changes associated with each op-
tion; 
(2) the force structure and end strength 
changes and growth of the Army National Guard 
needed to support such an account; 
(3) how creation of such an account may affect 
plans under the Grow the Force initiative; and 
(4) the impact of such an account on readiness 
and training ratings for Army National Guard 
forces. 
(c) SENSE OF CONGRESS REGARDING ARMY NA-
TIONAL GUARD END STRENGTH.— 
(1) FINDINGS.—Congress finds the following: 
(A) The President’s budget for fiscal year 
2010 included a 2.82 percent increase in end 
strength for the Army, but only a 1.59 percent 
end strength increase for the Army National 
Guard.
141 
(B) The disproportionate growth in the 
end strengths of the reserve components is in-
consistent with the emphasis placed by the De-
partment of Defense on responding to asym-
metric threats at home and abroad. 
(2) SENSE
OF
CONGRESS.—In light of such 
findings, Congress is concerned about unit readiness 
and the effect of pre-deployment cross-leveling on 
the Army National Guard and it is the sense of Con-
gress that an increase in Army National Guard end 
strength should be considered in the deliberations of 
the next quadrennial defense review conducted under 
section 118 of title 10, United States Code. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal 
year 2010 a total of $135,723,781,000. The authorization 
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2010.
142 
SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILI-
TARY RETIREMENT PAYMENTS. 
(a) REPEAL.—Section 1002 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4581) is repealed. 
(b) EFFECT ON EARLIER TRANSFER.—The repeal of 
section 1002 of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 by subsection (a) 
shall not affect the validity of the transfer of funds made 
pursuant to subsection (e) of such section before the date 
of the enactment of this Act. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Military Personnel Policy Generally 
Sec. 501. Extension of temporary increase in maximum number of days’ leave 
members may accumulate and carryover. 
Sec. 502. Rank requirement for officer serving as Chief of the Navy Dental 
Corps to correspond to Army and Air Force requirements. 
Sec. 503. Computation of retirement eligibility for enlisted members of the 
Navy who complete the Seaman to Admiral (STA–21) officer 
candidate program. 
Subtitle B—Joint Qualified Officers and Requirements 
Sec. 511. Revisions to annual reporting requirement on joint officer manage-
ment. 
Subtitle C—General Service Authorities 
Sec. 521. Medical examination required before separation of members diag-
nosed with or asserting post-traumatic stress disorder or trau-
matic brain injury. 
Sec. 522. Evaluation of test of utility of test preparation guides and education 
programs in improving qualifications of recruits for the Armed 
Forces. 
Sec. 523. Inclusion of email address on Certificate of Release or Discharge 
from Active Duty (DD Form 214). 
Subtitle D—Education and Training
143 
Sec. 531. Appointment of persons enrolled in Advanced Course of the Army Re-
serve Officers’ Training Corps at military junior colleges as ca-
dets in Army Reserve or Army National Guard of the United 
States. 
Sec. 532. Increase in number of private sector civilians authorized for admis-
sion to National Defense University. 
Sec. 533. Appointments to military service academies from nominations made 
by Delegate from the Commonwealth of the Northern Mariana 
Islands. 
Sec. 534. Pilot program to establish and evaluate Language Training Centers 
for members of the Armed Forces and civilian employees of the 
Department of Defense. 
Sec. 535. Use of Armed Forces Health Professions Scholarship and Financial 
Assistance program to increase number of health professionals 
with skills to assist in providing mental health care. 
Sec. 536. Establishment of Junior Reserve Officer’s Training Corps units for 
students in grades above sixth grade. 
Subtitle E—Defense Dependents’ Education 
Sec. 551. Continuation of authority to assist local educational agencies that 
benefit dependents of members of the Armed Forces and De-
partment of Defense civilian employees. 
Sec. 552. Determination of number of weighted student units for local edu-
cational agencies for receipt of basic support payments under 
impact aid. 
Sec. 553. Permanent authority for enrollment in defense dependents’ education 
system of dependents of foreign military members assigned to 
Supreme Headquarters Allied Powers, Europe. 
Subtitle F—Missing or Deceased Persons 
Sec. 561. Additional requirements for accounting for members of the Armed 
Forces and Department of Defense civilian employees listed as 
missing in conflicts occurring before enactment of new system 
for accounting for missing persons. 
Sec. 562. Clarification of guidelines regarding return of remains and media ac-
cess at ceremonies for the dignified transfer of remains at 
Dover Air Force Base. 
Subtitle G—Decorations and Awards 
Sec. 571. Award of Vietnam Service Medal to veterans who participated in Ma-
yaguez rescue operation. 
Sec. 572. Authorization and request for award of Medal of Honor to Anthony 
T. Koho’ohanohano for acts of valor during the Korean War. 
Sec. 573. Authorization and request for award of distinguished-service cross to 
Jack T. Stewart for acts of valor during the Vietnam War. 
Sec. 574. Authorization and request for award of distinguished-service cross to 
William T. Miles, Jr., for acts of valor during the Korean War. 
Subtitle H—Military Families 
Sec. 581. Pilot program to secure internships for military spouses with Federal 
agencies. 
Sec. 582. Report on progress made in implementing recommendations to reduce 
domestic violence in military families.
144 
Sec. 583. Modification of Servicemembers Civil Relief Act regarding termi-
nation or suspension of service contracts and effect of violation 
of interest rate limitation. 
Sec. 584. Protection of child custody arrangements for parents who are mem-
bers of the armed forces deployed in support of a contingency 
operation. 
Sec. 585. Definitions in Family and Medical Leave Act of 1993 related to ac-
tive duty, servicemembers, and related matters. 
Subtitle I—Other Matters 
Sec. 591. Navy grants to Naval Sea Cadet Corps. 
Sec. 592. Improved response and investigation of allegations of sexual assault 
involving members of the Armed Forces. 
Sec. 593. Modification of matching fund requirements under National Guard 
Youth Challenge Program. 
Subtitle A—Military Personnel 
Policy Generally 
SEC. 501. EXTENSION OF TEMPORARY INCREASE IN MAX-
IMUM NUMBER OF DAYS’ LEAVE MEMBERS 
MAY ACCUMULATE AND CARRYOVER. 
Section 701(d) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2010’’ and inserting 
‘‘December 31, 2012’’. 
SEC. 502. RANK REQUIREMENT FOR OFFICER SERVING AS 
CHIEF OF THE NAVY DENTAL CORPS TO COR-
RESPOND TO ARMY AND AIR FORCE RE-
QUIREMENTS. 
Section 5138(a) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘not below the grade of rear ad-
miral (lower half) shall be detailed’’ and inserting 
‘‘shall be appointed’’; and
145 
(2) by adding at the end the following new sen-
tence: ‘‘An appointee who holds a lower regular 
grade shall be appointed as Chief of the Dental 
Corps in the regular grade of rear admiral.’’. 
SEC. 503. COMPUTATION OF RETIREMENT ELIGIBILITY FOR 
ENLISTED MEMBERS OF THE NAVY WHO 
COMPLETE THE SEAMAN TO ADMIRAL (STA– 
21) OFFICER CANDIDATE PROGRAM. 
Section 6328 of title 10, United States Code, is 
amended by adding the following new subsection: 
‘‘(c) TIME SPENT IN SEAMAN TO ADMIRAL PRO-
GRAM.—The months of active service after January 1, 
2011, in pursuit of a baccalaureate-level degree under the 
Seaman to Admiral (STA–21) program of the Navy for 
officer candidates selected for the program after January 
11, 2010, shall be excluded in computing the years of serv-
ice of an officer who was appointed to the grade of ensign 
in the Navy upon completion of the program to determine 
the eligibility of the officer for voluntary retirement. Such 
active service shall be counted in computing the years of 
active service of the officer for all other purposes.’’.
146 
Subtitle B—Joint Qualified Officers 
and Requirements 
SEC. 511. REVISIONS TO ANNUAL REPORTING REQUIRE-
MENT ON JOINT OFFICER MANAGEMENT. 
Section 667 of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘and 
their education and experience’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(C) A comparison of the number of officers 
who were designated as a joint qualified officer who 
had served in a Joint Duty Assignment List billet 
and completed Joint Professional Military Education 
Phase II, with the number designated as a joint 
qualified officer based on their aggregated joint ex-
periences and completion of Joint Professional Mili-
tary Education Phase II.’’. 
(2) by striking paragraphs (3), (4), (6), and 
(12); 
(3) by redesignating paragraph (5) as para-
graph (3); 
(4) by redesignating paragraphs (7) through 
(11) as paragraphs (4) through (8), respectively;
147 
(5) by inserting after paragraph (8), as so re-
designated, the following new paragraph: 
‘‘(9) With regard to the principal courses of in-
struction for Joint Professional Military Education 
Level II, the number of officers graduating from 
each of the following: 
‘‘(A) The Joint Forces Staff College. 
‘‘(B) The National Defense University. 
‘‘(C) Senior Service Schools.’’; and 
(6) by redesignating paragraph (13) as para-
graph (10). 
Subtitle C—General Service 
Authorities 
SEC. 521. MEDICAL EXAMINATION REQUIRED BEFORE SEP-
ARATION OF MEMBERS DIAGNOSED WITH OR 
ASSERTING POST-TRAUMATIC STRESS DIS-
ORDER OR TRAUMATIC BRAIN INJURY. 
(a) MEDICAL EXAMINATION REQUIRED.— 
(1) IN
GENERAL.—Chapter 59 of title 10, 
United States Code, is amended by inserting after 
section 1176 the following new section:
148 
‘‘§ 1177. Members diagnosed with or asserting post- 
traumatic stress disorder or traumatic 
brain injury: medical examination re-
quired before separation 
‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) If a 
member of the armed forces who has been deployed over-
seas in support of a contingency operation is diagnosed 
by a physician, clinical psychologist, or psychiatrist as ex-
periencing post-traumatic stress disorder or traumatic 
brain injury or otherwise asserts the influence of such a 
condition, the Secretary concerned may not authorize the 
involuntarily separation of the member or separation of 
the member under conditions other than honorable until 
after the member receives a medical examination to evalu-
ate a diagnosis of post-traumatic stress disorder or trau-
matic brain injury. 
‘‘(2) In a case involving post-traumatic stress dis-
order, the medical examination shall be performed by a 
clinical psychologist or psychiatrist. In other cases, the ex-
amination may be performed by a physician, clinical psy-
chologist, psychiatrist, or other health care professional, 
whoever is determined to be most appropriate. 
‘‘(b) PURPOSE
OF MEDICAL EXAMINATION.—The 
medical examination required by subsection (a) shall en-
deavor to assess the degree to which the behavior of the 
member, on which the initial recommendation for an invol-
149 
untarily separation or separation under conditions other 
than honorable is based, has been affected by post-trau-
matic stress disorder or traumatic brain injury. 
‘‘(c) SECRETARIAL
DISCRETION.—The Secretary 
concerned shall review the medical examination performed 
under subsection (a) with respect to a member, and the 
findings and conclusions of any physical evaluation board 
conducted with respect the member, to determine the ap-
propriate course of action with regard to the separation 
of the member.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1176 
the following new item: 
‘‘1177. Members diagnosed with or asserting post-traumatic stress disorder or 
traumatic brain injury: physical evaluation board review before 
separation.’’. 
(b) REVIEW OF PREVIOUS DISCHARGES AND DISMIS-
SALS.—Section 1553 of such title is amended by adding 
at the end the following new subsection: 
‘‘(d)(1) In the case of a former member of the armed 
forces who, while a member, was deployed in support of 
a contingency operation and who, at any time after such 
deployment, was diagnosed by a physician, clinical psy-
chologist, or psychiatrist as experiencing post-traumatic 
stress disorder or traumatic brain injury, a board estab-
lished under this section to review the former member’s
150 
discharge or dismissal shall include a member who is a 
physician, clinical psychologist, or psychiatrist. 
‘‘(2) In the case of a former member described in 
paragraph (1) or a former member whose case involves 
personal health care issues as supporting rationale or as 
justification for priority consideration, the Secretary con-
cerned shall render a final decision within 6 months of 
the receipt of an application to review a discharge or dis-
missal. The Secretary may delay a final decision beyond 
6 months if the Secretary determines that, due to adminis-
trative reasons or to serve the best interest of the former 
member, a final decision cannot be rendered within such 
6-month period. 
‘‘(3) When authorized by a former member described 
in paragraph (1) or (2), a Member of Congress shall be 
advised of the decision of the board conducting the review 
of the former member’s discharge or dismissal and the ra-
tionale used to support the decision.’’. 
SEC. 522. EVALUATION OF TEST OF UTILITY OF TEST PREP-
ARATION 
GUIDES 
AND 
EDUCATION 
PRO-
GRAMS IN IMPROVING QUALIFICATIONS OF 
RECRUITS FOR THE ARMED FORCES. 
Section 546(d) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2215) is amended—
151 
(1) in the second sentence, by striking ‘‘in 
training and unit settings’’ and inserting ‘‘during 
training and unit assignments’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘Data to make the comparison between the 
two groups shall be derived from existing sources, 
which may include performance ratings, separations, 
promotions, awards and decorations, and reenlist-
ment statistics.’’. 
SEC. 523. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE 
OF RELEASE OR DISCHARGE FROM ACTIVE 
DUTY (DD FORM 214). 
Section 596 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
1168 note) is amended— 
(1) by inserting ‘‘(a) ELECTION TO FORWARD 
CERTIFICATE TO VA OFFICES.—’’ before ‘‘The Sec-
retary of Defense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) INCLUSION
OF EMAIL ADDRESS.—The Sec-
retary of Defense shall further modify the DD Form 214 
in order to permit a member of the Armed Forces to in-
clude an email address on the form.’’.
152 
SEC. 524. PROHIBITION ON RECRUITMENT, ENLISTMENT, 
OR RETENTION OF PERSONS ASSOCIATED OR 
AFFILIATED 
WITH 
GROUPS 
ASSOCIATED 
WITH 
HATE-RELATED 
VIOLENCE 
AGAINST 
GROUPS 
OR 
PERSONS 
OR 
THE 
UNITED 
STATES GOVERNMENT. 
Section 504 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) PERSONS ASSOCIATED OR AFFILIATED WITH 
HATE GROUPS.— 
‘‘(1) PROHIBITION.—A person associated or af-
filiated with a group associated with hate-related vi-
olence against groups or persons or the United 
States Government, as determined by the Attorney 
General, may not be recruited, enlisted, or retained 
in the armed forces. 
‘‘(2) DEFINITION
OF
HATE
GROUP.—In this 
subsection, the terms ‘group associated with hate-re-
lated violence’ or ‘hate group’ mean the following: 
‘‘(A) Groups or organizations that espouse 
or engage in acts of violence against other 
groups or minorities based on ideals of hate, 
ethnic supremacies, white supremacies, racism, 
anti-Semitism, xenophobia, or other bigotry 
ideologies.
153 
‘‘(B) Groups or organizations engaged in 
criminal gang activity including drug and weap-
ons trafficking and smuggling. 
‘‘(C) Groups or organizations that espouse 
an intention or expectation of armed revolu-
tionary activity against the United States Gov-
ernment, or the violent overthrow of the United 
States Government. 
‘‘(D) Groups or organizations that espouse 
an intention or expectation of armed activity in 
a ‘race war’. 
‘‘(E) Groups or organizations that encour-
age members to join the armed forces in order 
to obtain military training to be used for acts 
of violence against minorities, other groups, or 
the United States Government. 
‘‘(F) Groups or organizations that espouse 
violence based on race, creed, religion, ethnicity, 
or sexual orientation. 
‘‘(G) Other groups or organizations that 
are determined by the Attorney General to be 
of a violent, extremist nature. 
‘‘(3) EVIDENCE
OF
ASSOCIATION
OR
AFFILI-
ATION WITH HATE GROUP.—The following shall con-
stitute evidence that a person is associated or affili-
154 
ated with a group associated with hate-related vio-
lence: 
‘‘(A) Individuals possessing tattoos or 
other body markings indicating association or 
affiliation with a hate group. 
‘‘(B) Individuals known to have attended 
meetings, rallies, conferences, or other activities 
sponsored by a hate group. 
‘‘(C) Individuals known to be involved in 
online activities with a hate group, including 
being engaged in online discussion groups or 
blog or other postings that support, encourage, 
or affirm the group’s extremist or violent views 
and goals. 
‘‘(D) Individuals who are known to have in 
their 
possession 
photographs, 
written 
testimonials (including diaries or journals), 
propaganda, or other materials indicating in-
volvement or affiliation with a hate group. Such 
materials can include photographs, written ma-
terials relating to or referring to extreme hatred 
that are clearly not of an academic nature, pos-
session of objects that venerate or glorify hate- 
inspired violence, and related materials, as de-
termined by the Attorney General.
155 
‘‘(E) Individuals espousing the intent to 
acquire military training for the purpose of 
using such training towards committing acts of 
violence of a purpose not affiliated with the 
armed forces. 
‘‘(4) REQUIREMENTS
FOR
RECRUITERS
AND 
ENLISTMENT PROCESSING STATIONS.—A military re-
cruiters may not enlist, or assist in enlisting, a per-
son who is associated or affiliated with a group asso-
ciated with hate-related violence, as evidenced pursu-
ant to paragraph (3). A person at any military en-
listment processing station who, during the screen-
ing process, is found to be affiliated or associated 
with a hate group (including through admitting to 
any such affiliation or association on any form or 
document) is automatically prohibited from enlisting. 
‘‘(5) SEPARATION.— 
‘‘(A) SEPARATION
REQUIRED.—A person 
discovered or determined to be associated or af-
filiated with a group associated with hate-re-
lated violence, as evidenced pursuant to para-
graph (3), shall be immediately discharged from 
the armed forces, in the manner prescribed in 
regulations regarding discharge from service.
156 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply to a member of the armed forces 
who has renounced the member’s previous affili-
ation or association with a group associated 
with hate-related violence, as determined by the 
commanding officer of the member. 
‘‘(6) REPORTING
REQUIREMENT.—Not later 
than April 1, 2010, and annually thereafter, the 
Secretary concerned shall submit to the Committees 
on Armed Service of the Senate and House of Rep-
resentatives a report— 
‘‘(A) on the presence in the armed forces 
of members who are associated or affiliated 
with a group associated with hate-related vio-
lence and describing the actions of the Sec-
retary to discharge such members; and 
‘‘(B) describing the actions of the Sec-
retary to prevent persons who are associated or 
affiliated with a hate group from enlisting.’’. 
SEC. 525. SECURE ELECTRONIC DELIVERY OF CERTIFICATE 
OF RELEASE OR DISCHARGE FROM ACTIVE 
DUTY (DD FORM 214). 
Section 596 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C.
157 
1168 note), as amended by section 523, is further amend-
ed by adding at the end the following new subsection: 
‘‘(c) SECURE METHOD
OF ELECTRONIC DELIV-
ERY.— 
‘‘(1) DEVELOPMENT AND IMPLEMENTATION.— 
The Secretary of Veterans Affairs, in consultation 
with the Secretary of Defense, shall develop and im-
plement a secure electronic method of forwarding 
the DD Form 214 to the appropriate office specified 
in subsection (a)(2). The Secretary of Veterans Af-
fairs shall ensure that the method permits such of-
fices to access the forms electronically using current 
computer operating systems. 
‘‘(2) AUTHORITY TO CEASE DELIVERY.—In de-
veloping the secure electronic method of forwarding 
DD Forms 214, the Secretary of Veterans Affairs 
shall ensure that the information provided is not dis-
closed or used for unauthorized purposes and may 
cease forwarding the forms electronically to an office 
specified in subsection (a)(2) if demonstrated prob-
lems arise.’’.
158 
Subtitle D—Education and 
Training 
SEC. 531. APPOINTMENT OF PERSONS ENROLLED IN AD-
VANCED COURSE OF THE ARMY RESERVE OF-
FICERS’ TRAINING CORPS AT MILITARY JUN-
IOR COLLEGES AS CADETS IN ARMY RESERVE 
OR ARMY NATIONAL GUARD OF THE UNITED 
STATES. 
Section 2107a(h) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘17 cadets’’ and inserting ‘‘22 
cadets’’; 
(2) by striking ‘‘17 members’’ and inserting 
‘‘22 members’’; and 
(3) by striking ‘‘17 such members’’ and insert-
ing ‘‘22 such members’’. 
SEC. 532. INCREASE IN NUMBER OF PRIVATE SECTOR CI-
VILIANS AUTHORIZED FOR ADMISSION TO 
NATIONAL DEFENSE UNIVERSITY. 
Section 2167(a) of title 10, United States Code, is 
amended by striking ‘‘10 full-time student positions’’ and 
inserting ‘‘20 full-time student positions’’.
159 
SEC. 533. APPOINTMENTS TO MILITARY SERVICE ACAD-
EMIES FROM NOMINATIONS MADE BY DELE-
GATE FROM THE COMMONWEALTH OF THE 
NORTHERN MARIANA ISLANDS. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
4342(a)(10) of title 10, United States Code, is amended 
by striking ‘‘One cadet’’ and inserting ‘‘Two cadets’’. 
(b) UNITED STATES NAVAL ACADEMY.—Section 
6954(a)(10) of such title is amended by striking ‘‘One’’ 
and inserting ‘‘Two’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9342(a)(10) of such title is amended by striking ‘‘One 
cadet’’ and inserting ‘‘Two cadets’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to appointments to 
the United States Military Academy, the United States 
Naval Academy, and the United States Air Force Acad-
emy beginning with the first class of candidates nominated 
for appointment to these military service academies after 
the date of the enactment of this Act.
160 
SEC. 534. PILOT PROGRAM TO ESTABLISH AND EVALUATE 
LANGUAGE TRAINING CENTERS FOR MEM-
BERS OF THE ARMED FORCES AND CIVILIAN 
EMPLOYEES OF THE DEPARTMENT OF DE-
FENSE. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of 
Defense shall carry out a pilot program to establish at 
least three Language Training Centers at accredited uni-
versities, senior military colleges, or other similar institu-
tions of higher education to create the foundational critical 
and strategic language and regional area expertise, as de-
fined by the Secretary of Defense, for members of the 
Armed Forces, including reserve component members and 
Reserve Officers’ Training Corps candidates, and civilian 
employees of the Department of Defense. 
(b) DURATION.— 
(1) 
TERMINATION
DATE.—The 
Language 
Training Centers under the pilot program shall be 
established not later than October 1, 2010, and the 
authority to support the Language Training Centers 
under the pilot program shall terminate on Sep-
tember 30, 2015. 
(2) EFFECT ON PARTICIPANTS.—Students par-
ticipating in the pilot program before the termi-
nation date specified in paragraph (1) may be al-
161 
lowed to complete their studies under the program 
after that date. 
(c) PILOT PROGRAM REQUIREMENTS.—At a min-
imum, the Language Training Centers shall— 
(1) develop a program to graduate members of 
the Armed Forces and civilian employees of the De-
partment who are skilled in critical and strategic 
languages from beginning through advanced skill 
levels; 
(2) develop language proficiency training pro-
grams in designated critical and strategic languages 
tailored to meet operational readiness requirements; 
(3) develop alternative training delivery systems 
and modalities to meet language and regional area 
requirements, prior to deployment, during deploy-
ment, and post-deployment; 
(4) develop critical and strategic language pro-
grams that can be incorporated into Reserve Offi-
cers’ Training Corps units to develop language skills 
among future military officers; 
(5) develop training and education programs 
that would expand the pool of qualified instructors 
and educators for the Armed Forces; and 
(6) develop a program to encourage native and 
heritage speakers of critical and strategic languages
163 
(g) REPORT TO CONGRESS.—Not later than Decem-
ber 31, 2015, the Secretary of Defense shall submit to 
the congressional defense committees a report on the pilot 
program. The report shall include the following: 
(1) A description of each Language Training 
Center. 
(2) An assessment of the effectiveness and the 
cost of the pilot program taken to create the 
foundational critical and strategic language and re-
gional area expertise in support of the Defense Lan-
guage Transformation Roadmap. 
(3) The success of each Language Training 
Center to provide critical and strategic language ca-
pabilities to members and Department of Defense 
employees. 
(4) Recommendations as to whether the pilot 
programs should be continued, and any modifica-
tions that may be necessary to continue the pro-
gram.
164 
SEC. 535. USE OF ARMED FORCES HEALTH PROFESSIONS 
SCHOLARSHIP AND FINANCIAL ASSISTANCE 
PROGRAM 
TO 
INCREASE 
NUMBER 
OF 
HEALTH PROFESSIONALS WITH SKILLS TO 
ASSIST 
IN 
PROVIDING 
MENTAL 
HEALTH 
CARE. 
(a) ADDITIONAL ELEMENT WITHIN SCHOLARSHIP 
PROGRAM.—Section 2121(a) of title 10, United States 
Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) by striking ‘‘in the various health profes-
sions’’ and inserting ‘‘(A) in the various health pro-
fessions or (B) as a health professional with specific 
skills to assist in providing mental health care to 
members of the armed forces’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) Under the program of a military department, 
the Secretary of that military department shall allocate 
a portion of the total number of scholarships to members 
of the program described in paragraph (1)(B) for the pur-
pose of assisting such members to pursue a degree at the 
masters and doctoral level in any of the following dis-
ciplines: 
‘‘(A) Social work. 
‘‘(B) Clinical psychology.
165 
‘‘(C) Psychiatry. 
‘‘(D) Other disciplines that contribute to mental 
health care programs in that military department.’’. 
(b) AUTHORIZED NUMBER OF MEMBERS OF THE 
PROGRAM.—Section 2124 of such title is amended— 
(1) by striking ‘‘The number’’ and inserting 
‘‘(a) AUTHORIZED NUMBER OF MEMBERS OF THE 
PROGRAM.—The number’’; 
(2) by striking ‘‘6,000’’ and inserting ‘‘6,300’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) MENTAL HEALTH PROFESSIONALS.—Of the 
number of persons designated as members of the program 
at any time, 300 may be members of the program de-
scribed in section 2121(a)(1)(B) of this title.’’. 
(c) FUNDING SOURCE.—Of the amounts authorized 
to be appropriated to the Department of Defense for mili-
tary personnel accounts for fiscal year 2010, not more 
than $20,000,000 shall be available to cover the additional 
costs incurred to implement the amendments made by this 
section.
166 
SEC. 536. ESTABLISHMENT OF JUNIOR RESERVE OFFICER’S 
TRAINING CORPS UNITS FOR STUDENTS IN 
GRADES ABOVE SIXTH GRADE. 
Section 2031 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g)(1) In addition to units of the Junior Reserve Of-
ficers’ Training Corps established at public and private 
secondary educational institutions under subsection (a), 
the Secretary of each military department may carry out 
a pilot program to establish and support units at public 
and private educational institutions that are not secondary 
educational institutions to permit the enrollment of stu-
dents in the Corps who, notwithstanding the limitation in 
subsection (b)(1), are in a grade above the sixth grade. 
‘‘(2) A unit of the Junior Reserve Officers’ Training 
Corps established and supported under the pilot program 
must meet the requirements of this section, except— 
‘‘(A) as provided in paragraph (1) with respect 
to the grades in which students are enrolled; and 
‘‘(B) that the Secretary of the military depart-
ment concerned may authorize a course of military 
instruction of not less than two academic years’ du-
ration, notwithstanding subsection (b)(3). 
‘‘(3) The Secretary of the military department con-
cerned shall conduct a review of the pilot program. The
167 
review shall include an evaluation of what impacts, if any, 
the pilot program may have on the operation of the Junior 
Reserve Officers’ Training Corps in secondary educational 
institutions.’’. 
SEC. 537. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. 
(a) IN GENERAL.—Chapter 903 of title 10, United 
States Code, is amended by inserting after section 9359 
the following new section: 
‘‘§ 9359a. Air Force Academy Athletic Association: au-
thorization, purpose, and governance 
‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary 
of the Air Force may establish a nonprofit corporation, 
to be known as the ‘Air Force Academy Athletic Associa-
tion’, to support the athletic program of the Air Force 
Academy. 
‘‘(b) ORGANIZATION
AND DUTIES.—(1) The Air 
Force Academy Athletic Association (in this section re-
ferred to as the ‘Association’) shall be organized and oper-
ated as a nonprofit corporation under section 501(c)(3) 
of the Internal Revenue Code of 1986 and under the pow-
ers and authorities set forth in this section and the provi-
sions of the laws of the State of incorporation. The Asso-
ciation shall operate on a nonpartisan basis exclusively for 
charitable, educational, and civic purposes consistent with
168 
the authorities referred to in this subsection to support 
the athletic program of the Academy. 
‘‘(2) Subject to the approval of the Secretary of the 
Air Force, the Association may— 
‘‘(A) operate and manage athletic and revenue 
generating facilities on Academy property; 
‘‘(B) use Government facilities, utilities, and 
services on the Academy, without charge, in support 
of its mission; 
‘‘(C) sell products to the general public on or 
off Government property; 
‘‘(D) charge market-based fees for admission to 
Association events and other athletic or athletic-re-
lated events at the Academy and for use of Academy 
athletic facilities and property; and 
‘‘(E) engage in other activities, consistent with 
the Academy athletic mission as determined by the 
Board of Directors. 
‘‘(c) BOARD OF DIRECTORS.—(1) The Association 
shall be governed by a Board of Directors made up of at 
least nine members. The members, other than the member 
referred to in paragraph (2), shall serve without com-
pensation, except for reasonable travel and other related 
expenses for attendance at required meetings.
169 
‘‘(2) The Director of Athletics at the Academy shall 
be a standing member of the Board as part of the Direc-
tor’s duties as the Director of Athletics. 
‘‘(3) Subject to the prior approval of all nominees for 
appointment by the Secretary of the Air Force, the Super-
intendent shall appoint the remaining members of the 
Board. 
‘‘(4) The Secretary of the Air Force shall select one 
of the members of the Board appointed under paragraph 
(3) to serve as chairperson of the Board. 
‘‘(d) BYLAWS.—Not later than July 1, 2010, the As-
sociation shall propose its by-laws. The Association shall 
submit the by-laws, and all future changes to the by-laws, 
to the Secretary of the Air Force for review and approval. 
The by-laws shall be made available to Congress for re-
view. 
‘‘(e) TRANSITION FROM NONAPPROPRIATED FUND 
OPERATION.—(1) Until September 30, 2011, the Sec-
retary of the Air Force may provide for parallel operations 
of the Association and the Air Force nonappropriated fund 
instrumentality whose functions include providing support 
for the athletic program of the Academy. Not later than 
that date, the Secretary shall dissolve the nonappropriated 
fund instrumentality and transfer its assets and liabilities 
to the Association.
170 
‘‘(2) The Secretary may transfer title and ownership 
to all the assets and liabilities of the nonappropriated fund 
instrumentality referred to in paragraph (1), including 
bank accounts and financial reserves in its accounts, 
equipment, supplies, and other personal property without 
cost or obligation to the Association. 
‘‘(f) CONTRACTING AUTHORITIES.—(1) The Super-
intendent may procure, at fair and reasonable prices, such 
athletic goods, services, human resources, and other sup-
port from the Association as the Superintendent considers 
appropriate to support the athletic program of the Acad-
emy. The Association shall be exempt from the require-
ments of section 2533a of this title and the Buy American 
Act (41 U.S.C. 10a et seq.). 
‘‘(2) The Superintendent may accept from the Asso-
ciation funds, goods, and services for use by cadets and 
Academy personnel during participation in, or in support 
of, Academy or Association contests, events, and pro-
grams. 
‘‘(g) USE OF AIR FORCE PERSONNEL.—Air Force 
personnel may participate in— 
‘‘(1) the management, operation, and oversight 
of the Association; 
‘‘(2) events and athletic contests sponsored by 
the Association; and
171 
‘‘(3) management and sport committees for the 
National Collegiate Athletic Association and other 
athletic conferences and associations. 
‘‘(h) FUNDING AUTHORITY.—The authorization of 
appropriations for the operation and maintenance of the 
Academy includes Association operations in support of the 
Academy athletic program, as approved by the Secretary 
of the Air Force.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 9359 the following new 
item: 
‘‘9359a. Air Force Academy Athletic Association: authorization, purpose, and 
governance.’’. 
Subtitle E—Defense Dependents’ 
Education 
SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2010 
pursuant to section 301(5) for operation and maintenance 
for Defense-wide activities, $50,000,000 shall be available
172 
only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 
7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2010 pursuant 
to section 301(5) for operation and maintenance for De-
fense-wide activities, $15,000,000 shall be available only 
for the purpose of providing assistance to local educational 
agencies under subsection (b) of such section 572. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 
this section, the term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)). 
SEC. 552. DETERMINATION OF NUMBER OF WEIGHTED STU-
DENT 
UNITS 
FOR 
LOCAL 
EDUCATIONAL 
AGENCIES FOR RECEIPT OF BASIC SUPPORT 
PAYMENTS UNDER IMPACT AID. 
Section 8003(a)(2)(C)(i) of the Elementary and Sec-
ondary 
Education 
Act 
of 
1965 
(20 
U.S.C.
173 
7703(a)(2)(C)(i)) is amended by striking ‘‘6,500’’ and in-
serting ‘‘5,000’’. 
SEC. 553. PERMANENT AUTHORITY FOR ENROLLMENT IN 
DEFENSE DEPENDENTS’ EDUCATION SYSTEM 
OF DEPENDENTS OF FOREIGN MILITARY 
MEMBERS ASSIGNED TO SUPREME HEAD-
QUARTERS ALLIED POWERS, EUROPE. 
(a) PERMANENT ENROLLMENT AUTHORITY.—Sub-
section (a)(2) of section 1404A of the Defense Depend-
ents’ Education Act of 1978 (20 U.S.C. 923a) is amended 
by striking ‘‘, and only through the 2010-2011 school 
year’’. 
(b) COMBATANT COMMANDER ADVICE AND ASSIST-
ANCE.—Subsection (c)(1) of such section is amended by 
adding at the end the following new sentence: ‘‘The Sec-
retary shall prescribe such methodology with the advice 
and assistance of the commander of the geographic com-
batant command with jurisdiction over Mons, Belgium.’’.
174 
Subtitle F—Missing or Deceased 
Persons 
SEC. 561. ADDITIONAL REQUIREMENTS FOR ACCOUNTING 
FOR MEMBERS OF THE ARMED FORCES AND 
DEPARTMENT OF DEFENSE CIVILIAN EM-
PLOYEES LISTED AS MISSING IN CONFLICTS 
OCCURRING BEFORE ENACTMENT OF NEW 
SYSTEM FOR ACCOUNTING FOR MISSING 
PERSONS. 
(a) IMPOSITION OF ADDITIONAL REQUIREMENTS.— 
Section 1509 of title 10, United States Code, is amended 
to read as follows: 
‘‘§ 1509. Program to resolve preenactment missing 
person cases 
‘‘(a) PROGRAM REQUIRED; COVERED CONFLICTS.— 
The Secretary of Defense shall implement a comprehen-
sive, coordinated, integrated, and fully resourced program 
to account for persons described in subparagraph (A) or 
(B) of section 1513(1) of this title who are unaccounted 
for from the following conflicts: 
‘‘(1) World War II during the period beginning 
on December 7, 1941, and ending on December 31, 
1946, including members of the Armed Forces who 
were lost during flight operations in the Pacific the-
ater of operations covered by section 576 of the Na-
175 
tional Defense Authorization Act for Fiscal Year 
2000 (Public Law 106–65; 113 Stat. 624; 10 U.S.C. 
1501 note). 
‘‘(2) The Cold War during the period beginning 
on September 2, 1945, and ending on August 21, 
1991. 
‘‘(3) The Korean War during the period begin-
ning on June 27, 1950, and ending on January 31, 
1955. 
‘‘(4) The Indochina War era during the period 
beginning on July 8, 1959, and ending on May 15, 
1975. 
‘‘(5) The Persian Gulf War during the period 
beginning on August 2, 1990, and ending on Feb-
ruary 28, 1991. 
‘‘(6) Such other conflicts in which members of 
the armed forces served as the Secretary of Defense 
may designate. 
‘‘(b) IMPLEMENTATION PROCESS.—(1) The Sec-
retary of Defense shall implement the program within the 
Department of Defense POW/MIA accounting community. 
‘‘(2) For purposes of paragraph (1), the term ‘POW/ 
MIA accounting community’ means— 
‘‘(A) The Defense Prisoner of War/Missing Per-
sonnel Office (DPMO).
176 
‘‘(B) The Joint POW/MIA Accounting Com-
mand (JPAC). 
‘‘(C) The Armed Forces DNA Identification 
Laboratory (AFDIL). 
‘‘(D) The Life Sciences Equipment Laboratory 
of the Air Force (LSEL). 
‘‘(E) The casualty and mortuary affairs offices 
of the military departments. 
‘‘(F) Any other element of the Department of 
Defense the mission of which (as designated by the 
Secretary of Defense) involves the accounting for 
and recovery of members of the armed forces who 
are missing in action or prisoners of war or who are 
unaccounted for, such as the Stony Beach Program. 
‘‘(c) TREATMENT AS MISSING PERSONS.—Each un-
accounted for person covered by subsection (a) shall be 
considered to be a missing person for purposes of the ap-
plicability of other provisions of this chapter to the person. 
‘‘(d) ESTABLISHMENT OF PERSONNEL FILES.—(1) 
The Secretary of Defense shall ensure that a personnel 
file is established and maintained for each person covered 
by subsection (a) if the Secretary— 
‘‘(A) possesses any information relevant to the 
status of the person; or
177 
‘‘(B) receives any new information regarding 
the missing person as provided in subsection (d). 
‘‘(2) The Secretary of Defense shall ensure that each 
file established under this subsection contains all relevant 
information pertaining to a person covered by subsection 
(a) and is readily accessible to all elements of the depart-
ment, the combatant commands, and the armed forces in-
volved in the effort to account for the person. 
‘‘(3) Each file established under this subsection shall 
be handled in accordance with, and subject to the provi-
sions of, section 1506 of this title in the same manner 
as applies to the file of a missing person otherwise subject 
to such section. 
‘‘(e) REVIEW OF STATUS REQUIREMENTS.—(1) If 
new information (as described in paragraph (3)) is found 
or received that may be related to one or more unac-
counted for persons covered by subsection (a), whether or 
not such information specifically relates (or may specifi-
cally relate) to any particular such unaccounted for per-
son, that information shall be provided to the Secretary 
of Defense. 
‘‘(2) Upon receipt of new information under para-
graph (1), the Secretary shall ensure that— 
‘‘(A) the information is treated under para-
graph (2) of subsection (c) of section 1505 of this
178 
title, relating to addition of the information to the 
personnel file of a person and notification require-
ments, in the same manner as information received 
under paragraph (1) under such subsection; and 
‘‘(B) the information is treated under para-
graph (3) of subsection (c) and subsection (d) of 
such section, relating to a board review under such 
section, in the same manner as information received 
under paragraph (1) of such subsection (c). 
‘‘(3) For purposes of this subsection, new information 
is information that is credible and that— 
‘‘(A) is found or received after November 18, 
1997, by a United States intelligence agency, by a 
Department of Defense agency, or by a person speci-
fied in section 1504(g) of this title; or 
‘‘(B) is identified after November 18, 1997, in 
records of the United States as information that 
could be relevant to the case of one or more unac-
counted for persons covered by subsection (a). 
‘‘(f) COORDINATION REQUIREMENTS.—(1) In estab-
lishing and carrying out the program, the Secretary of De-
fense shall coordinate with the Secretaries of the military 
departments, the Chairman of the Joint Chiefs of Staff, 
and the combatant commanders.
179 
‘‘(2) In carrying out the program, the Secretary of 
Defense shall establish close coordination with the Depart-
ment of State, the Central Intelligence Agency, and the 
National Security Council to enhance the ability of the De-
partment of Defense POW/MIA accounting community to 
account for persons covered by subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 76 of such title is amended 
by striking the item relating to section 1509 and inserting 
the following new section: 
‘‘1509. Program to resolve preenactment missing person cases.’’. 
(c) CONFORMING AMENDMENT.—Section 1513(1) of 
such title is amended in the matter after subparagraph 
(B) by striking ‘‘section 1509(b) of this title who is re-
quired by section 1509(a)(1) of this title’’ and inserting 
‘‘subsection (a) of section 1509 of this title who is required 
by subsection (b) of such section’’. 
(d) IMPLEMENTATION.— 
(1) PRIORITY.—A priority of the program re-
quired by section 1509 of title 10, United States 
Code, as amended by subsection (a), to resolve miss-
ing person cases arising before the enactment of 
chapter 76 of such title by section 569 of the Na-
tional Defense Authorization Act for Fiscal Year 
1996 (Public Law 104–106; 110 Stat. 336) shall be
180 
the return of missing persons to United States con-
trol alive. 
(2) ACCOUNTING FOR GOAL.—In implementing 
the program, the Secretary of Defense, in coordina-
tion with the officials specified in subsection (f)(1) 
of section 1509 of title 10, United States Code, shall 
take such measures as the Secretary considers ap-
propriate to increase significantly the capability and 
capacity of the Department of Defense, the Armed 
Forces, and combatant commanders to account for 
missing persons, as defined by section 1513(3)(B) of 
such title. Such measures shall include fully funding, 
manning, and resourcing the Department of De-
fense-wide effort to ensure that, at a minimum— 
(A) 200 missing persons are accounted for 
under the program annually beginning with fis-
cal year 2015; and 
(B) 350 missing persons are accounted for 
under the program annually beginning with fis-
cal year 2020.
181 
SEC. 562. CLARIFICATION OF GUIDELINES REGARDING RE-
TURN OF REMAINS AND MEDIA ACCESS AT 
CEREMONIES FOR THE DIGNIFIED TRANSFER 
OF REMAINS AT DOVER AIR FORCE BASE. 
(a) PROMPT RETURN.—The remains of a deceased 
member of the Armed Forces shall be recovered from the 
theater of combat operations and returned to the United 
States via the Dover Port Mortuary without delay unless 
very specific extenuating circumstances presented by the 
person designated pursuant to section 1482(c) of title 10, 
United States Code, to direct disposition of the remains 
of the decedent (in this section referred to as the ‘‘primary 
next of kin’’) dictate otherwise and can reasonably be ac-
commodated by the Department. 
(b) MEDIA ACCESS.— 
(1) DECISION OF PRIMARY NEXT OF KIN.—The 
primary next of kin of a deceased member of the 
Armed Forces shall make the family decision regard-
ing media access at ceremonies for the dignified 
transfer of the remains of the decedent at Dover Air 
Force Base. The option to allow media access shall 
be briefed to the primary next of kin at the time of 
initial notification or as soon as practicable there-
after. Media access to dignified transfers shall only 
be permitted with the approval of the primary next 
of kin. Media contact, filming or recording of family
182 
members shall be permitted only if specifically re-
quested by the primary next of kin. 
(2) RELATION TO CURRENT DOD CASUALTY IN-
FORMATION POLICY.—Media access approved by the 
primary next of kin shall waive the Department of 
Defense policy on 24-hour delay in release of cas-
ualty information to the media and general public 
for that specific case. 
(3) MEMBER PREFERENCE.—The Secretary of 
Defense shall develop a long-term plan to obtain the 
preference of members of the Armed Forces regard-
ing media access at ceremonies for the dignified 
transfer of the remains of the member if they ever 
become a casualty. 
(c) TRAVEL AND TRANSPORTATION ALLOWANCE.— 
The Secretary of a military department shall provide the 
primary next of kin and two additional family members 
of a deceased member of the Armed Forces with travel 
to, and from, Dover Air Force Base via Invitational Travel 
Authorizations to attend the dignified transfer ceremony. 
The Secretary may include additional family members on 
a case-by-case basis. At the discretion of the Secretary, 
and at the request of the primary next of kin, the service 
casualty assistance officer or family liaison officer may es-
183 
cort and accompany the primary next of kin to the dig-
nified transfer ceremony. 
(d) EFFECTIVE DATE.—This section shall take effect 
1 year after the date of the enactment of this Act. 
SEC. 563. REPORT ON EXPANSION OF AUTHORITY OF A 
MEMBER TO DESIGNATE PERSONS TO DI-
RECT DISPOSITION OF THE REMAINS OF A 
DECEASED MEMBER. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report evaluating the potential effects of ex-
panding the list of persons under section 1482(c) of title 
10, United States Code, who may be designated by a mem-
ber of the Armed Forces as the person authorized to direct 
disposition of the remains of the member if the member 
is deceased. 
SEC. 564. SENSE OF CONGRESS REGARDING THE RECOV-
ERY OF THE REMAINS OF MEMBERS OF THE 
ARMED FORCES WHO WERE KILLED DURING 
WORLD WAR II IN THE BATTLE OF TARAWA 
ATOLL. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) On November 20, 1943, units of the United 
States Marine Corps, supported by units of the
186 
the efforts by the Joint POW-MIA Accounting Com-
mand to recover the remains of members of the 
Armed Forces from all wars; 
(2) recognizes the courage and sacrifice of the 
members of the Armed Forces who fought on 
Tarawa; 
(3) acknowledges the dedicated research and ef-
forts by persons to identify, locate, and advocate for 
the recovery of remains from Tarawa; and 
(4) encourages the Department of Defense to 
review this research and, as appropriate, pursue new 
efforts to conduct field studies, new research, and 
undertake all feasible efforts to recover, identify, and 
return remains of members of the Armed Forces 
from Tarawa. 
Subtitle G—Decorations and 
Awards 
SEC. 571. AWARD OF VIETNAM SERVICE MEDAL TO VET-
ERANS WHO PARTICIPATED IN MAYAGUEZ 
RESCUE OPERATION. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall, upon the application of an indi-
vidual who is an eligible veteran, award that individual the 
Vietnam Service Medal, notwithstanding any otherwise ap-
plicable requirements for the award of that medal. Any
187 
such award shall be made in lieu of any Armed Forces 
Expeditionary Medal awarded the individual for the indi-
vidual’s participation in the Mayaguez rescue operation. 
(b) ELIGIBLE VETERAN.—For purposes of this sec-
tion, the term ‘‘eligible veteran’’ means a member or 
former member of the Armed Forces who was awarded 
the Armed Forces Expeditionary Medal for participation 
in military operations known as the Mayaguez rescue oper-
ation of May 12–15, 1975. 
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL 
OF 
HONOR 
TO 
ANTHONY 
T. 
KOHO’OHANOHANO FOR ACTS OF VALOR 
DURING THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the President is authorized and requested 
to award the Medal of Honor under section 3741 of such 
title to former Private First Class Anthony T. 
Koho’ohanohano for the acts of valor during the Korean 
War described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then Pri-
vate First Class Anthony T. Koho’ohanohano of Company
188 
H of the 17th Infantry Regiment of the 7th Infantry Divi-
sion on September 1, 1951, during the Korean War for 
which he was originally awarded the distinguished-service 
cross. 
SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF 
DISTINGUISHED-SERVICE CROSS TO JACK T. 
STEWART FOR ACTS OF VALOR DURING THE 
VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the Secretary of the Army is authorized 
and requested to award the distinguished-service cross 
under section 3742 of such title to former Captain Jack 
T. Stewart of the United States Army for the acts of valor 
during the Vietnam War described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Captain 
Jack T. Stewart as commander of a two-platoon Special 
Forces Mike Force element in combat with two battalions 
of the North Vietnamese Army on March 24, 1967, during 
the Vietnam War.
189 
SEC. 574. AUTHORIZATION AND REQUEST FOR AWARD OF 
DISTINGUISHED-SERVICE CROSS TO WILLIAM 
T. MILES, JR., FOR ACTS OF VALOR DURING 
THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the Secretary of the Army is authorized 
and requested to award the distinguished-service cross 
under section 3742 of such title to former to former Ser-
geant First William T. Miles, Jr., of the United States 
Army for the acts of valor during the Korean War de-
scribed in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Sergeant 
First Class William T. Miles, Jr,. as a member of United 
States Special Forces from June 18, 1951, to July 6, 
1951, during the Korean War, when he fought a delaying 
action against enemy forces in order to allow other mem-
bers of his squad to escape an ambush. 
SEC. 575. RETROACTIVE AWARD OF ARMY COMBAT ACTION 
BADGE. 
(a) AUTHORITY TO AWARD.—The Secretary of the 
Army may award the Army Combat Action Badge (estab-
lished by order of the Secretary of the Army through
190 
Headquarters, Department of the Army Letter 600–05– 
1, dated June 3, 2005) to a person who, while a member 
of the Army, participated in combat during which the per-
son personally engaged, or was personally engaged by, the 
enemy at any time during the period beginning on Decem-
ber 7, 1941, and ending on September 18, 2001 (the date 
of the otherwise applicable limitation on retroactivity for 
the award of such decoration), if the Secretary determines 
that the person has not been previously recognized in an 
appropriate manner for such participation. 
(b) PROCUREMENT OF BADGE.—The Secretary of 
the Army may make arrangements with suppliers of the 
Army Combat Action Badge so that eligible recipients of 
the Army Combat Action Badge pursuant to subsection 
(a) may procure the badge directly from suppliers, thereby 
eliminating or at least substantially reducing administra-
tive costs for the Army to carry out this section. 
SEC. 576. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 
(a) ARMY.— 
(1) IN
GENERAL.—Chapter 357 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 3757. Combat Medevac Badge 
‘‘(a) ISSUANCE.—The Secretary of the Army shall 
issue a badge of appropriate design, to be known as the
191 
Combat Medevac Badge, to each person who while a mem-
ber of the Army served in combat on or after June 25, 
1950, as a pilot or crew member of a helicopter medical 
evacuation ambulance and who meets the requirements for 
the award of that badge. 
‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 
of the Army shall prescribe requirements for eligibility for 
the Combat Medevac Badge.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘3757. Combat Medevac Badge’’. 
(b) NAVY AND MARINE CORPS.— 
(1) IN
GENERAL.—Chapter 567 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 6259. Combat Medevac Badge 
‘‘(a) ISSUANCE.—The Secretary of the Navy shall 
issue a badge of appropriate design, to be known as the 
Combat Medevac Badge, to each person who while a mem-
ber of the Navy or Marine Corps served in combat on or 
after June 25, 1950, as a pilot or crew member of a heli-
copter medical evacuation ambulance and who meets the 
requirements for the award of that badge.
192 
‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 
of the Navy shall prescribe requirements for eligibility for 
the Combat Medevac Badge.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘6259. Combat Medevac Badge’’. 
(c) AIR FORCE.— 
(1) IN
GENERAL.—Chapter 857 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 8757. Combat Medevac Badge 
‘‘(a) ISSUANCE.—The Secretary of the Air Force 
shall issue a badge of appropriate design, to be known as 
the Combat Medevac Badge, to each person who while a 
member of the Air Force served in combat on or after 
June 25, 1950, as a pilot or crew member of a helicopter 
medical evacuation ambulance and who meets the require-
ments for the award of that badge. 
‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 
of the Air Force shall prescribe requirements for eligibility 
for the Combat Medevac Badge.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘8757. Combat Medevac Badge’’.
193 
(d) AWARD FOR SERVICE BEFORE DATE OF ENACT-
MENT.—In the case of persons who, while a member of 
the Armed Forces, served in combat as a pilot or crew 
member of a helicopter medical evacuation ambulance dur-
ing the period beginning on June 25, 1950, and ending 
on the date of enactment of this Act, the Secretary of the 
military department concerned shall issue the Combat 
Medevac Badge— 
(1) to each such person who is known to the 
Secretary before the date of enactment of this Act; 
and 
(2) to each such person with respect to whom 
an application for the issuance of the badge is made 
to the Secretary after such date in such manner, 
and within such time period, as the Secretary may 
require. 
Subtitle H—Military Families 
SEC. 581. PILOT PROGRAM TO SECURE INTERNSHIPS FOR 
MILITARY SPOUSES WITH FEDERAL AGEN-
CIES. 
(a) COST-REIMBURSEMENT
AGREEMENTS
WITH 
FEDERAL AGENCIES.—The Secretary of Defense may 
enter into an agreement with the head of an executive de-
partment or agency that has an established internship pro-
gram to reimburse the department or agency for author-
194 
ized costs associated with the first year of employment of 
an eligible military spouse who is selected to participate 
in the internship program of the department or agency. 
(b) ELIGIBLE MILITARY SPOUSES.— 
(1) ELIGIBILITY.—Except as provided in para-
graph (2), any person who is married to a member 
of the Armed Forces on active duty is eligible for se-
lection to participate in an internship program under 
a reimbursement agreement entered into under sub-
section (a). 
(2) EXCLUSIONS.—Reimbursement may not be 
provided with respect to the following persons: 
(A) A person who is legally separated from 
a member of the Armed Forces under court 
order or statute of any State, the District of 
Columbia, or possession of the United States 
when the person begins the internship. 
(B) A person who is also a member of the 
Armed Forces on active duty. 
(C) A person who is a retired member of 
the Armed Forces. 
(c) FUNDING SOURCE.—Amounts authorized to be 
appropriated for operation and maintenance, for Defense- 
wide activities, shall be available to carry out this section. 
(d) DEFINITIONS.—In this section:
195 
(1) The term ‘‘authorized costs’’ includes the 
costs of the salary, benefits and allowances, and 
training for an eligible military spouse during the 
first year of the participation of the military spouse 
in an internship program pursuant to an agreement 
under subsection (a). 
(2) The term ‘‘internship’’ means a profes-
sional, analytical, or administrative position in the 
Federal Government that operates under a develop-
mental program leading to career advancement. 
(e) TERMINATION OF AGREEMENT AUTHORITY.—No 
agreement may be entered into under subsection (a) after 
September 30, 2011. Authorized costs incurred after that 
date may be reimbursed under an agreement entered into 
before that date in the case of eligible military spouses 
who begin their internship by that date. 
(f) REPORTING REQUIREMENT.—Not later than Jan-
uary 1, 2012, the Secretary of Defense shall submit to 
the congressional defense committees a report that pro-
vides information on how many eligible military spouses 
received internships pursuant to agreements entered into 
under subsection (a) and the types of internship positions 
they occupied. The report shall specify the number of in-
terns who subsequently obtained permanent employment 
with the department or agency administering the intern-
196 
ship program or with another department or agency. The 
Secretary shall include a recommendation regarding 
whether, given the investment of Department of Defense 
funds, the authority to enter into agreements should be 
extended, modified, or terminated. 
SEC. 582. REPORT ON PROGRESS MADE IN IMPLEMENTING 
RECOMMENDATIONS TO REDUCE DOMESTIC 
VIOLENCE IN MILITARY FAMILIES. 
(a) ASSESSMENT.—The Comptroller General shall re-
view and assess the progress made by the Department of 
Defense in implementing the recommendations contained 
in the report by the Comptroller General entitled ‘‘Military 
Personnel: Progress Made in Implementing Recommenda-
tions to reduce Domestic Violence, but Further Manage-
ment Action Needed’’ (GAO–06–540). 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report 
containing the results of the review and assessment under 
subsection (a).
198 
sion or termination of the contract, other than a 
nominal fee for the suspension; except that the serv-
ice provider may impose a reasonable fee for any 
equipment remaining on the premises of the 
servicemember during the period of the suspension. 
The servicemember may defer, without penalty, pay-
ment of such a nominal fee or reasonable fee for the 
length of the servicemember’s deployment pursuant 
to the servicemember’s military orders. 
‘‘(3) In any case in which the contract being 
suspended under subsection (a) is for cellular tele-
phone service or telephone exchange service, the 
servicemember, after the date on which the suspen-
sion of the contract ends, may keep, to the extent 
practicable and in accordance with all applicable 
laws and regulations, the same telephone number 
the servicemember had before the servicemember 
suspended the contract. 
‘‘(c) COVERED CONTRACTS.—This section applies to 
a contract for cellular telephone service (including a con-
tract to which the servicemember is included with family 
members), telephone exchange service, multichannel video 
programming service, Internet access service, water, elec-
tricity, oil, gas, or other utility if the servicemember enters 
into the contract and thereafter receives military orders—
199 
‘‘(1) to deploy with a military unit, or as an in-
dividual, in support of a contingency operation for a 
period of not less than 90 days; or 
‘‘(2) for a change of permanent station to a lo-
cation that does not support the contract. 
‘‘(d) MANNER OF TERMINATION OR SUSPENSION.— 
‘‘(1) IN GENERAL.—Termination or suspension 
of a contract under subsection (a) is made by deliv-
ery by the servicemember of written notice of such 
termination or suspension and a copy of the 
servicemember’s military orders to the other party to 
the contract (or to that party’s grantee or agent). 
‘‘(2) NATURE OF NOTICE.—Delivery of notice 
under paragraph (1) may be accomplished— 
‘‘(A) by hand delivery; 
‘‘(B) by private business carrier; 
‘‘(C) by facsimile; or 
‘‘(D) by placing the written notice and a 
copy of the servicemember’s military orders in 
an envelope with sufficient postage and with re-
turn receipt requested, and addressed as des-
ignated by the party to be notified (or that par-
ty’s grantee or agent), and depositing the enve-
lope in the United States mails.
200 
‘‘(e) DATE OF CONTRACT TERMINATION OR SUSPEN-
SION.—Termination or suspension of a service contract 
under subsection (a) is effective as of the date on which 
the notice under subsection (d) is delivered. 
‘‘(f) OTHER OBLIGATIONS AND LIABILITIES.—The 
service provider under the contract may not impose an 
early termination or suspension charge, but any tax or any 
other obligation or liability of the servicemember that, in 
accordance with the terms of the contract, is due and un-
paid or unperformed at the time of termination or suspen-
sion of the contract shall be paid or performed by the 
servicemember. 
‘‘(g) FEES PAID IN ADVANCE.—A fee or amount paid 
in advance for a period after the effective date of the ter-
mination of the contract shall be refunded to the 
servicemember by the other party (or that party’s grantee 
or agent) within 60 days of the effective date of the termi-
nation of the contract. 
‘‘(h) RELIEF TO OTHER PARTY.—Upon application 
by the other party to the contract to a court before the 
termination date provided in the written notice, relief 
granted by this section to a servicemember may be modi-
fied as justice and equity require. 
‘‘(i) CRIMINAL PENALTY.—Whoever knowingly vio-
lates this section shall be fined not more than $5,000 in
201 
the case of an individual or $10,000 in the case of an orga-
nization. 
‘‘(j) PRIVATE RIGHT OF ACTION.— 
‘‘(1) IN GENERAL.—A servicemember harmed 
by a violation of this section may in a civil action— 
‘‘(A) obtain any appropriate equitable re-
lief with respect to the violation; and 
‘‘(B) recover an amount equal to three 
times the damages sustained as a result of the 
violation. 
‘‘(2) COSTS AND ATTORNEY FEES.—The court 
shall award to a servicemember who prevails in an 
action under paragraph (1) the costs of the action, 
including a reasonable attorney fee. 
‘‘(3) PRESERVATION OF OTHER REMEDIES.— 
Nothing in this section shall be construed to pre-
clude or limit any remedy otherwise available under 
law to the servicemember with respect to conduct 
prohibited under this section. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) MULTICHANNEL
VIDEO
PROGRAMMING 
SERVICE.—The term ‘multichannel video program-
ming service’ means video programming service pro-
vided by a multichannel video programming dis-
tributor, as such term is defined in section 602(13)
202 
of the Communications Act of 1934 (47 U.S.C. 
522(13)). 
‘‘(2) INTERNET
ACCESS
SERVICE.—The term 
‘Internet access service’ has the meaning given that 
term under section 231(e)(4) of the Communications 
Act of 1934 (47 U.S.C. 231(e)(4)). 
‘‘(3) CELLULAR
TELEPHONE
SERVICE.—The 
term ‘cellular telephone service’ means commercial 
mobile service, as that term is defined in section 
332(d) of the Communications Act of 1934 (47 
U.S.C. 332(d)). 
‘‘(4) TELEPHONE
EXCHANGE
SERVICE.—The 
term ‘telephone exchange service’ has the meaning 
given that term under section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by striking the 
item relating to section 305A and inserting the following 
new item: 
‘‘Sec. 305A. Termination or suspension of service contracts.’’. 
(c) VIOLATION OF INTEREST RATE LIMITATION.— 
Section 207 of such Act is amended— 
(1) by amending subsection (e) to read as fol-
lows: 
‘‘(e) CRIMINAL PENALTY.—
203 
‘‘(1) IN GENERAL.—Whoever knowingly violates 
this section shall be fined not more than $5,000 in 
the case of an individual or $10,000 in the case of 
an organization. 
‘‘(2) DETERMINATION OF NUMBER OF VIOLA-
TIONS.—The court shall count as a separate viola-
tion each obligation or liability of a servicemember 
with respect to which— 
‘‘(A) the servicemember properly provided 
to the creditor written notice and a copy of the 
military orders calling the servicemember to 
military service and any orders further extend-
ing military service under subsection (b); and 
‘‘(B) the creditor fails to act in accordance 
with subsection (a).’’; 
(2) by redesignating subsection (f) as sub-
section (g); 
(3) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) RIGHTS OF SERVICEMEMBERS.— 
‘‘(1) 
PRIVATE
RIGHT
OF
ACTION.—A 
servicemember harmed by a violation of this section 
may in a civil action— 
‘‘(A) obtain any appropriate equitable re-
lief with respect to the violation; and
204 
‘‘(B) recover an amount equal to three 
times the damages sustained as a result of the 
violation. 
‘‘(2) COSTS AND ATTORNEY FEES.—The court 
shall award to a servicemember who prevails in an 
action under paragraph (1) the costs of the action, 
including a reasonable attorney fee. 
‘‘(3) PRESERVATION OF OTHER REMEDIES.— 
Nothing in this section shall be construed to pre-
clude or limit any remedy otherwise available under 
law to the servicemember with respect to conduct 
prohibited under this section.’’; and 
(4) in subsection (g), as redesignated by para-
graph (2) of this subsection, by inserting ‘‘and (f)’’ 
after ‘‘subsection (e)’’. 
(d) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to a contract en-
tered into on or after the date of the enactment of this 
Act. 
SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES DEPLOYED IN SUPPORT 
OF A CONTINGENCY OPERATION. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et
205 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 
motion for change of custody of a child of a servicemember 
is filed while the servicemember is deployed in support of 
a contingency operation, no court may enter an order 
modifying or amending any previous judgment or order, 
or issue a new order, that changes the custody arrange-
ment for that child that existed as of the date of the de-
ployment of the servicemember, except that a court may 
enter a temporary custody order if the court finds that 
it is in the best interest of the child. 
‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre-
ceding covered under subsection (a), a court shall require 
that, upon the return of the servicemember from deploy-
ment in support of a contingency operation, the custody 
order that was in effect immediately preceding the date 
of the deployment of the servicemember is reinstated, un-
less the court finds that such a reinstatement is not in 
the best interest of the child, except that any such finding 
shall be subject to subsection (c). 
‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE-
TERMINATION OF CHILD’S BEST INTEREST.—If a motion 
for the change of custody of the child of a servicemember
206 
is filed, no court may consider the absence of the 
servicemember by reason of deployment, or possibility of 
deployment, in determining the best interest of the child. 
‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 
this section shall create a Federal right of action. 
‘‘(e) PREEMPTION.—In any case where State or Fed-
eral law applicable to a child custody proceeding under 
State or Federal law provides a higher standard of protec-
tion to the rights of the parent who is a servicemember 
than the rights provided under this section, the State or 
Federal court shall apply the State or Federal standard. 
‘‘(f) CONTINGENCY OPERATION DEFINED.—In this 
section, the term ‘contingency operation’ has the meaning 
given that term in section 101(a)(13) of title 10, United 
States Code, except that the term may include such other 
deployments as the Secretary may prescribe.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to title II the following new item: 
‘‘208. Child custody protection.’’. 
SEC. 585. DEFINITIONS IN FAMILY AND MEDICAL LEAVE 
ACT OF 1993 RELATED TO ACTIVE DUTY, 
SERVICEMEMBERS, AND RELATED MATTERS. 
(a) DEFINITION OF COVERED ACTIVE DUTY.—
207 
(1) DEFINITION.—Paragraph (14) of section 
101 of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611) is amended— 
(A) by striking all that precedes ‘‘under a 
call’’ and inserting the following: 
‘‘(14) COVERED ACTIVE DUTY.—The term ‘cov-
ered active duty’ means— 
‘‘(A) in the case of a member of a regular 
component of the Armed Forces, duty during 
the deployment of the member with the Armed 
Forces to a foreign country; and 
‘‘(B) in the case of a member of a reserve 
component of the Armed Forces, duty during 
the deployment of the member with the Armed 
Forces to a foreign country’’; and 
(B) by striking ‘‘101(a)(13)(B)’’ and in-
serting ‘‘101(a)(13)’’. 
(2) LEAVE.—Section 102 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612) is 
amended— 
(A) in subsection (a)(1)(E), by striking 
‘‘active duty’’ each place it appears and insert-
ing ‘‘covered active duty’’; and 
(B) in subsection (e)(3)—
208 
(i) in the paragraph heading, by strik-
ing ‘‘ACTIVE DUTY’’ and inserting ‘‘COV-
ERED ACTIVE DUTY’’; and 
(ii) by striking ‘‘active duty’’ each 
place it appears and inserting ‘‘covered ac-
tive duty’’. 
(3) CONFORMING AMENDMENT.—Section 103(f) 
of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2613(f)) is amended, in the subsection head-
ing, by striking ‘‘ACTIVE DUTY’’ both places it ap-
pears and inserting ‘‘COVERED ACTIVE DUTY’’. 
(b) DEFINITION OF COVERED SERVICEMEMBER.— 
Section 101 of the Family and Medical Leave Act of 1993 
is further amended by striking paragraph (16) and insert-
ing the following new paragraph: 
‘‘(16) COVERED
SERVICEMEMBER.—The term 
‘covered servicemember’ means— 
‘‘(A) a member of the Armed Forces (in-
cluding a member of the National Guard or Re-
serves) who is undergoing medical treatment, 
recuperation, or therapy, is otherwise in out-
patient status, or is otherwise on the temporary 
disability retired list, for a serious injury or ill-
ness; or
209 
‘‘(B) a veteran who is undergoing medical 
treatment, recuperation, or therapy, for a seri-
ous injury or illness and who was a member of 
the Armed Forces (including a member of the 
National Guard or Reserves) at any time dur-
ing the period of 5 years preceding the date on 
which the veteran undergoes that medical treat-
ment, recuperation, or therapy.’’. 
(c) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; 
VETERAN.—Section 101 of the Family and Medical Leave 
Act of 1993 is further amended by striking paragraph 
(19) and inserting the following new paragraphs: 
‘‘(19) SERIOUS INJURY OR ILLNESS.—The term 
‘serious injury or illness’— 
‘‘(A) in the case of a member of the Armed 
Forces (including a member of the National 
Guard or Reserves), means an injury or illness 
incurred by the member in line of duty on cov-
ered active duty in the Armed Forces that may 
render the member medically unfit to perform 
the duties of the member’s office, grade, rank, 
or rating; and 
‘‘(B) in the case of a veteran who was a 
member of the Armed Forces (including a mem-
ber of the National Guard or Reserves) at any
210 
time during a period described in paragraph 
(16)(B), means an injury or illness incurred by 
the member in line of duty on covered active 
duty in the Armed Forces, that manifested 
itself after the member became a veteran, and 
that may have rendered the member medically 
unfit to perform the duties of the member’s of-
fice, grade, rank, or rating on the date the in-
jury or illness was incurred if the injury or ill-
ness had manifested itself on that date. 
‘‘(20) VETERAN.—The term ‘veteran’ has the 
meaning given the term in section 101 of title 38, 
United States Code.’’. 
(d) TECHNICAL AMENDMENT.—Section 102(e)(2)(A) 
of the Family and Medical Leave Act of 1993 (29 U.S.C. 
2612(e)(2)(A)) is amended by striking ‘‘or parent’’ and 
inserting ‘‘parent, or next of kin (for leave taken under 
subsection (a)(3))’’. 
(e) EFFECTIVE
DATE
AND
REGULATIONS.—The 
amendments made by this section shall take effect on the 
date of the enactment of this Act. Not later than 120 days 
after such date, the Secretary of Labor shall issue direct 
final conforming regulations solely to implement such 
amendments.
211 
SEC. 586. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON 
MILITARY FAMILIES. 
The Comptroller General shall submit to Congress a 
report containing— 
(1) an assessment of the impact of domestic vi-
olence in families of members of the Armed Forces 
on the children of such families; and 
(2) information on progress being made to en-
sure that children of families of members of the 
Armed Forces receive adequate care and services 
when such children are exposed to domestic violence. 
SEC. 587. OVERSEAS VOTING ADVISORY BOARD. 
(a) ESTABLISHMENT; DUTIES.—There is hereby es-
tablished the Overseas Voting Advisory Board (hereafter 
in this Act referred to as the ‘‘Board’’). 
(b) DUTIES.— 
(1) IN
GENERAL.—The Board shall conduct 
studies and issue reports with respect to the fol-
lowing issues: 
(A) The ability of citizens of the United 
States who reside outside of the United States 
to register to vote and vote in elections for pub-
lic office. 
(B) Methods to promote voter registration 
and voting among such citizens.
212 
(C) The effectiveness of the Director of the 
Federal Voting Assistance Program under the 
Uniformed and Overseas Citizens Absentee Vot-
ing Act in assisting such citizens in registering 
to vote and casting votes in elections. 
(D) The effectiveness of the administration 
and enforcement of the requirements of the 
Uniformed and Overseas Citizens Absentee Vot-
ing Act. 
(E) The need for the enactment of legisla-
tion or the adoption of administrative actions to 
ensure that all Americans who are away from 
the jurisdiction in which they are eligible to 
vote because they live overseas or serve in the 
military (or are a spouse or dependent of some-
one who serves in the military) are able to reg-
ister to vote and vote in elections for public of-
fice. 
(2) REPORTS.—In addition to issuing such re-
ports as it considers appropriate, the Board shall 
transmit to Congress a report not later than March 
31 of each year describing its activities during the 
previous year, and shall include in that report such 
recommendations as the Board considers appropriate 
for legislative or administrative action, including the
213 
provision of funding, to address the issues described 
in paragraph (1). 
(3) COMMITTEE
HEARINGS
ON
ANNUAL
RE-
PORT.—During each year, the Committees on Armed 
Services of the House of Representatives and Sen-
ate, the Committee on House Administration of the 
House of Representatives, and the Committee on 
Rules and Administration of the Senate may each 
hold a hearing on the annual report submitted by 
the Board under paragraph (2). 
(c) MEMBERSHIP.— 
(1) APPOINTMENT.—The Board shall be com-
posed of 5 members appointed by the President not 
later than 6 months after the date of the enactment 
of this Act, of whom— 
(A) 1 shall be appointed from among a list 
of nominees submitted by the Speaker of the 
House of Representatives; 
(B) 1 shall be appointed from among a list 
of nominees submitted by the Minority Leader 
of the House of Representatives; 
(C) 1 shall be appointed from among a list 
of nominees submitted by the Majority Leader 
of the Senate; and
214 
(D) 1 shall be appointed from among a list 
of nominees submitted by the Minority Leader 
of the Senate. 
(2) QUALIFICATIONS.—An individual may serve 
as a member of the Board only if the individual has 
experience in election administration and resides or 
has resided for an extended period of time overseas 
(as a member of the uniformed services or as a civil-
ian), except that the President shall ensure that at 
least one member of the Board is a citizen who re-
sides overseas while serving on the Board. 
(3) TERMS OF SERVICE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), each member shall be ap-
pointed for a term of 4 years. A member may 
be reappointed for additional terms. 
(B) VACANCIES.—A vacancy in the Board 
shall be filled in the manner in which the origi-
nal appointment was made. Any member ap-
pointed to fill a vacancy occurring before the 
expiration of the term for which the member’s 
predecessor was appointed shall be appointed 
only for the remainder of that term. A member 
may serve after the expiration of that member’s 
term until a successor has taken office.
215 
(4) PAY.— 
(A) NO
PAY
FOR
SERVICE.—A member 
shall serve without pay, except that a member 
shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 
57 of title 5, United States Code. 
(B) REIMBURSEMENT
OF
TRAVEL
EX-
PENSES BY DIRECTOR.—Upon request of the 
Chairperson of the Board, the Director of the 
Federal Voting Assistance Program under the 
Uniformed and Overseas Citizens Absentee Vot-
ing Act shall, from amounts made available for 
the salaries and expenses of the Director, reim-
burse the Board for any travel expenses paid on 
behalf of a member under subparagraph (A). 
(5) QUORUM.—Three members of the Board 
shall constitute a quorum but a lesser number may 
hold hearings. 
(6) CHAIRPERSON.—The members of the Board 
shall designate one member to serve as Chairperson. 
(d) STAFF.— 
(1) AUTHORITY TO APPOINT.—Subject to rules 
prescribed the Board, the chairperson may appoint
216 
and fix the pay of such staff as the chairperson con-
siders necessary. 
(2) APPLICATION OF CIVIL SERVICE LAWS.— 
The staff of the Board shall be appointed subject to 
the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
shall be paid in accordance with the provisions of 
chapter 51 and subchapter III of chapter 53 of that 
title relating to classification and General Schedule 
pay rates. 
(3) EXPERTS AND CONSULTANTS.—Subject to 
rules prescribed by the Board, the Chairperson may 
procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code. 
(4) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Chairperson, the head of any Federal 
department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or 
agency to the Board to assist it in carrying out its 
duties under this Act. 
(e) POWERS.— 
(1) HEARINGS
AND
SESSIONS.—The Board 
may, for the purpose of carrying out this Act, hold 
hearings, sit and act at times and places, take testi-
mony, and receive evidence as the Board considers
217 
appropriate. The Board may administer oaths or af-
firmations to witnesses appearing before it. 
(2) OBTAINING
OFFICIAL
DATA.—The Board 
may secure directly from any department or agency 
of the United States information necessary to enable 
it to carry out this Act. Upon request of the Chair-
person, the head of that department or agency shall 
furnish that information to the Board. 
(3) MAILS.—The Board may use the United 
States mails in the same manner and under the 
same conditions as other departments and agencies 
of the United States. 
(4) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Board, the Administrator of 
General Services shall provide to the Board, on a re-
imbursable basis, the administrative support services 
necessary for the Board to carry out its responsibil-
ities under this Act. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Board such sums 
as may be necessary to carry out this section for fiscal 
year 2010 and each succeeding fiscal year.
218 
SEC. 588. SENSE OF CONGRESS AND REPORT ON INTRA-FA-
MILIAL ABDUCTION OF CHILDREN OF MILI-
TARY PERSONNEL. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the intra-familial abduction to foreign countries 
of children of members of the Armed Forces constitutes 
a grave violation of the rights of military parents whose 
children are abducted and poses a significant threat to the 
psychological well-being and development of the abducted 
children. 
(b) REPORT ON INTRA-FAMILIAL CHILD ABDUCTION 
EFFECTING ACTIVE DUTY MILITARY PERSONNEL.— 
(1) REPORT
REQUIRED.—Not later than 60 
days after the date of the enactment of this Act, and 
not later than December 31 of calendar year 2010 
and each December 31 thereafter, the Secretary of 
Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives 
a report on the programs, projects, and activities 
carried out by the Department of Defense to assist 
members of the Armed Forces whose children are 
abducted. 
(2) CONTENTS.—The report required under 
paragraph (1) shall include information concerning 
the following:
219 
(A) The total number of children abducted 
from military parents, with a breakdown of the 
number of children abducted to each country 
that is a party to the Hague Convention on the 
Civil Aspects of International Child Abduction 
(the ‘‘Hague Convention’’) and each country 
that is not a party to the Hague Convention. 
(B) The total number of children abducted 
from military parents who were returned to 
their military parent, with a breakdown of the 
number of children returned from each country 
that is a party to the Hague Convention and 
each country that is not a party to the Hague 
Convention, including the average length of 
time per country that the children spent sepa-
rated from their military parent, whether the 
Department of Defense helped facilitate any of 
the returns, specific actions taken to facilitate 
the return, and other Departments involved. 
(C) Whether these numbers are shared 
with the Department of State for inclusion in 
the Report on Compliance with the Hague Con-
vention on the Civil Aspects of International 
Child Abduction.
220 
(D) An assessment as to how international 
child abductions impact the force readiness of 
affected military personnel. 
(E) An assessment of the effectiveness of 
the centralized office within the Department of 
Defense responsible for implementing measures 
to prevent international child abductions and to 
provide assistance to military personnel, includ-
ing— 
(i) the coordination of international 
child abduction-related issues between the 
relevant agencies and departments with the 
Department of Defense; 
(ii) the education of appropriate per-
sonnel; 
(iii) the coordination with family sup-
port offices and other applicable agencies, 
both within the United States and in host 
countries, to implement mechanisms for 
assistance to left behind parents; 
(iv) the coordination with the Depart-
ment of State and National Center for 
Missing and Exploited Children to provide 
assistance to left behind parents in obtain-
ing the return of their children; and
222 
abduction, particularly when they first arrive on 
a base abroad or when the military receives no-
tice that the personnel is considering marriage 
or divorce abroad. 
(K) The training provided to those who 
supply legal assistance to military personnel, in 
particular the Armed Forces Legal Assistance 
Offices, on the legal aspects of international 
child abduction and legal options available to 
left behind military parents, including the risks 
of conferring jurisdiction on the host country 
court system by applying for child custody in 
the host country court system. 
(L) Which of the Status of Forces Agree-
ments negotiated with host countries, if any, 
are written to protect the ability of a member 
of the Armed Forces to have international child 
abduction cases adjudicated in the member’s 
State of legal residence. 
(M) The feasibility of including in present 
and future Status of Forces Agreements a 
framework for the expeditious and just resolu-
tion of intra-familial child abduction. 
(N) Identification of potential strategies 
for engagement with host countries with high
223 
incidences of military international child abduc-
tions. 
(O) Whether the Department of Defense 
has engaged in joint efforts with the State De-
partment to provide a forum, such as a con-
ference, for left behind military parents to 
share their experiences, network, and develop 
best practices for securing the return of ab-
ducted children, and the assistance provided for 
left behind parents to attend such an event. 
(P) Whether the Department of Defense 
currently partners with, or intends to partner 
with, civilian experts on International Child Ab-
duction, to understand the psychological and so-
cial implications of this issue upon Department 
of Defense personnel, and to help develop an ef-
fective awareness campaign and training. 
Subtitle I—Other Matters 
SEC. 591. NAVY GRANTS TO NAVAL SEA CADET CORPS. 
(a) GRANTS AUTHORIZED.—Chapter 647 of title 10, 
United States Code, is amended by inserting after section 
7541a the following new section:
224 
‘‘§ 7541b. Authority to make grants to Naval Sea 
Cadet Corps 
‘‘Subject to the availability of funds for this purpose, 
the Secretary of the Navy may make grants to support 
the purposes of the Naval Sea Cadet Corps, a federally 
chartered corporation under chapter 1541 of title 36.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 7541a the following new 
item: 
‘‘7541b. Authority to make grants to Naval Sea Cadet Corps.’’. 
SEC. 592. IMPROVED RESPONSE AND INVESTIGATION OF 
ALLEGATIONS OF SEXUAL ASSAULT INVOLV-
ING MEMBERS OF THE ARMED FORCES. 
(a) COMPTROLLER GENERAL REPORT.— 
(1) REPORT REQUIRED.—Not later than 1 year 
after the date of the enactment of this Act, the 
Comptroller General shall submit to the congres-
sional defense committees a report containing a re-
view of the capacity of each service of the Armed 
Forces to investigate and adjudicate allegations of 
sexual assault to determine whether there are any 
barriers that negatively affect the ability of that 
service to facilitate the investigation and adjudica-
tion of such allegations to the full extent of the Uni-
form Code of Military Justice.
225 
(2) ELEMENTS
OF
REPORT.—The report re-
quired by paragraph (1) shall include a review of the 
following: 
(A) The command processes of each of the 
Armed Forces for handling allegations of sexual 
assault (including command guidance, standing 
orders, and related matters), the staff judge ad-
vocate structure of each Armed Force for cases 
of sexual assault, and the personnel and budget 
resources allocated to handle allegations of sex-
ual assault. 
(B) The extent to which command deci-
sions regarding the disposition of cases properly 
direct cases to the most-appropriate venue for 
adjudication. 
(C) The effectiveness of personnel training 
methods regarding investigation and adjudica-
tion of sexual assault cases. 
(D) The capacity to investigate and adju-
dicate sexual assault cases in combat zones. 
(E) The recommendations of the Defense 
Task Force on Sexual Assault in the Military 
regarding investigation and adjudication of sex-
ual assault.
226 
(b) PREVENTION.—Not later than 180 days after the 
dates of the enactment of this Act, the Secretary of De-
fense shall develop and submit to the congressional de-
fense committees a sexual assault prevention program, 
which shall include, at minimum, the following compo-
nents: 
(1) Action plans for reducing the number of 
sexual assaults, with timelines for implementation of 
the plans, development tools, and a comprehensive 
evaluation process. 
(2) A mechanism to measure the effectiveness 
of the program, to include outcome measurement 
and metrics. 
(3) Training programs for commanders and 
senior enlisted leaders, including pre-command 
courses. 
(4) The budget necessary to permit full imple-
mentation of the program. 
(c) SEXUAL ASSAULT FORENSIC EXAMS.— 
(1) AVAILABILITY OF SEXUAL ASSAULT FOREN-
SIC EXAMS IN COMBAT ZONES.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congres-
sional defense committees a report evaluating the 
availability of sexual assault forensic examinations in
227 
combat zones. The report shall include, at a min-
imum, the following: 
(A) The current availability of sexual as-
sault forensic examinations in combat zones. 
(B) The barriers to providing sexual as-
sault forensic examinations at all echelons of 
care in combat zones. 
(C) Any legislative actions required to im-
prove the availability of sexual assault forensic 
examinations in combat zones. 
(2) TRICARE COVERAGE FOR FORENSIC EXAM-
INATION FOLLOWING SEXUAL ASSAULT OR DOMES-
TIC VIOLENCE.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense 
committees a report describing the progress made in 
implementing section 1079(a)(17) of title 10, United 
States Code, as added by section 701 of the John 
Warner National Defense Authorization Act for Fis-
cal Year 2007 (Public Law 109–324; 120 Stat. 
2279). 
(d) MILITARY PROTECTIVE ORDERS.— 
(1) COLLECTION
OF
STATISTICAL
INFORMA-
TION.—Not later than 30 days after the date of en-
actment of this Act, the Secretary of Defense shall
228 
require that sexual assault statistics collected by the 
Department of Defense include information on 
whether a military protective order was issued that 
involved either the victim or alleged perpetrator of a 
sexual assault. The Secretary shall include such in-
formation in the annual report submitted to Con-
gress on sexual assaults involving members of the 
Armed Forces. 
(2) INFORMATION
TO
MEMBERS.—The Sec-
retary of Defense shall ensure that, when a military 
protective order is issued to protect a member of the 
Armed Forces, the member is informed of the right 
of the member to request a base transfer from the 
command. 
SEC. 593. MODIFICATION OF MATCHING FUND REQUIRE-
MENTS UNDER NATIONAL GUARD YOUTH 
CHALLENGE PROGRAM. 
(a) AUTHORITY TO INCREASE DOD SHARE OF PRO-
GRAM.—Section 509(d)(1) of title 32, United States Code, 
is amended by striking ‘‘60 percent of the costs’’ and in-
serting ‘‘75 percent of the costs’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2009, and 
shall apply with respect to fiscal years beginning on or 
after that date.
229 
SEC. 594. MODIFICATION OF SERVICEMEMBERS CIVIL RE-
LIEF ACT REGARDING RESIDENTIAL AND 
MOTOR VEHICLE LEASES. 
Section 305(e) of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 535) is amended to read as follows: 
‘‘(e) ARREARAGES AND OTHER OBLIGATIONS AND 
LIABILITIES.— 
‘‘(1) LEASES OF PREMISES.—Rent amounts for 
a lease described in subsection (b)(1) that are un-
paid for the period preceding the effective date of 
the lease termination shall be paid on a prorated 
basis. The lessor may not impose an early termi-
nation charge, but any taxes, summonses, or other 
obligations and liabilities of the lessee in accordance 
with the terms of the lease, including reasonable 
charges to the lessee for excess wear, that are due 
and unpaid at the time of termination of the lease 
shall be paid by the lessee. 
‘‘(2) LEASES
OF
MOTOR
VEHICLES.—Lease 
amounts for a lease described in subsection (b)(2) 
that are unpaid for the period preceding the effective 
date of the lease termination shall be paid on a pro-
rated basis. The lessor may not impose an early ter-
mination charge, but any taxes, summonses, title 
and registration fees, or other obligations and liabil-
ities of the lessee in accordance with the terms of
230 
the lease, including reasonable charges to the lessee 
for excess wear or use and mileage, that are due and 
unpaid at the time of termination of the lease shall 
be paid by the lessee.’’. 
SEC. 595. EXPANSION OF MILITARY LEADERSHIP DIVER-
SITY COMMISSION TO INCLUDE RESERVE 
COMPONENT REPRESENTATIVES. 
Section 596(b)(1) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4476) is amended by striking 
subparagraphs (C), (D), (E) and inserting the following 
new subparagraphs: 
‘‘(C) A commissioned officer from each of 
the Army, Navy, Air Force, Marine Corps, Na-
tional Guard, and Reserves who serves or has 
served in a leadership position with either a 
military department command or combatant 
command. 
‘‘(D) A retired general or flag officer from 
each of the Army, Navy, Air Force, Marine 
Corps, National Guard, and Reserves. 
‘‘(E) A retired noncommissioned officer 
from each of the Army, Navy, Air Force, Ma-
rine Corps, National Guard, and Reserves.’’.
231 
SEC. 596. EXPANSION OF SUICIDE PREVENTION AND COM-
MUNITY HEALING AND RESPONSE TRAINING 
UNDER THE YELLOW RIBBON REINTEGRA-
TION PROGRAM. 
Section 582 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
122) is amended— 
(1) in subsection (h)— 
(A) by striking paragraph (3); and 
(B) 
by 
redesignating 
paragraphs 
(4) 
through (15) as paragraphs (3) through (14), 
respectively; and 
(2) by adding at the end the following new sub-
section: 
‘‘(i) SUICIDE PREVENTION AND COMMUNITY HEAL-
ING AND RESPONSE PROGRAM.— 
‘‘(1) ESTABLISHMENT.—As part of the Yellow 
Ribbon Reintegration Program, the Office for Re-
integration Programs shall establish a program to 
provide National Guard and Reserve members, their 
families, and their communities with training in sui-
cide prevention and community healing and response 
to suicide. 
‘‘(2) DESIGN.—In establishing the program 
under paragraph (1), the Office for Reintegration 
Programs shall consult with—
232 
‘‘(A) persons that have experience and ex-
pertise with combining military and civilian 
intervention strategies that reduce risk and pro-
mote healing after a suicide attempt or suicide 
death for National Guard and Reserve mem-
bers; and 
‘‘(B) the adjutant general of each state, 
the Commonwealth of Puerto Rico, the District 
of Columbia, Guam, and the Virgin Islands. 
‘‘(3) OPERATION.— 
‘‘(A) SUICIDE
PREVENTION
TRAINING.— 
The Office for Reintegration Programs shall 
provide National Guard and Reserve members 
with training in suicide prevention. Such train-
ing shall include— 
‘‘(i) describing the warning signs for 
suicide and teaching effective strategies for 
prevention and intervention; 
‘‘(ii) examining the influence of mili-
tary culture on risk and protective factors 
for suicide; and 
‘‘(iii) engaging in interactive case sce-
narios and role plays to practice effective 
intervention strategies.
233 
‘‘(B) COMMUNITY
HEALING
AND
RE-
SPONSE TRAINING.—The Office for Reintegra-
tion Programs shall provide the families and 
communities of National Guard and Reserve 
members with training in responses to suicide 
that promote individual and community healing. 
Such training shall include— 
‘‘(i) enhancing collaboration among 
community members and local service pro-
viders to create an integrated, coordinated 
community response to suicide; 
‘‘(ii) communicating best practices for 
preventing suicide, including safe mes-
saging, appropriate memorial services, and 
media guidelines; 
‘‘(iii) addressing the impact of suicide 
on the military and the larger community, 
and the increased risk that can result; and 
‘‘(iv) managing resources to assist key 
community and military service providers 
in helping the families, friends, and fellow 
soldiers of a suicide victim through the 
processes of grieving and healing. 
‘‘(C) COLLABORATION WITH CENTERS OF 
EXCELLENCE.— The Office for Reintegration
234 
Programs, in consultation with the Defense 
Centers of Excellence for Psychological Health 
and Traumatic Brain Injury, shall collect and 
analyze ‘lessons learned’ and suggestions from 
State National Guard and Reserve organiza-
tions with existing or developing suicide preven-
tion and community response programs.’’. 
SEC. 597. REPORT ON PROGRESS IN COMPLETING DEFENSE 
INCIDENT-BASED REPORTING SYSTEM. 
Not later than 120 days after the date of the enact-
ment of this Act, and every 6 months thereafter, the Sec-
retary of Defense shall submit to Congress a report detail-
ing the progress of the Secretary with respect to the De-
fense Incident-Based Reporting System. 
SEC. 598. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE 
COMPONENT MEMBERS. 
Section 1044(a)(4) of title 10, United States Code, 
is amended by striking ‘‘the Secretary of Defense), for a 
period of time, prescribed by the Secretary of Defense,’’ 
and inserting ‘‘the Secretary), for a period of time (pre-
scribed by the Secretary)’’. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2010 increase in military basic pay.
235 
Sec. 602. Special monthly compensation allowance for members with combat-re-
lated catastrophic injuries or illnesses pending their retirement 
or separation for physical disability. 
Sec. 603. Stabilization of pay and allowances for senior enlisted members and 
warrant officers appointed as officers and officers reappointed 
in a lower grade. 
Sec. 604. Report on housing standards used to determine basic allowance for 
housing. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for 
reserve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for 
health care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear 
officers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated spe-
cial pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 
37 bonuses and special pay. 
Sec. 616. One-year extension of authorities relating to payment of referral bo-
nuses. 
Sec. 617. Technical corrections and conforming amendments to reconcile con-
flicting amendments regarding continued payment of bonuses 
and similar benefits for certain members. 
Sec. 618. Proration of certain special and incentive pays to reflect time during 
which a member satisfies eligibility requirements for the special 
or incentive pay. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Transportation of additional motor vehicle of members on change of 
permanent station to or from nonforeign areas outside the con-
tinental United States. 
Sec. 632. Travel and transportation allowances for designated individuals of 
wounded, ill, or injured members for duration of inpatient 
treatment. 
Sec. 633. Authorized travel and transportation allowances for non-medical at-
tendants for very seriously and seriously wounded, ill, or in-
jured members. 
Sec. 634. Increased weight allowance for transportation of baggage and house-
hold effects for certain enlisted members. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Recomputation of retired pay and adjustment of retired grade of Re-
serve retirees to reflect service after retirement. 
Sec. 642. Election to receive retired pay for non-regular service upon retirement 
for service in an active reserve status performed after attaining 
eligibility for regular retirement. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
and Operations 
Sec. 651. Additional exception to limitation on use of appropriated funds for 
Department of Defense golf courses.
236 
Sec. 652. Limitation on Department of Defense entities offering personal infor-
mation services to members and their dependents. 
Sec. 653. Report on impact of purchasing from local distributors all alcoholic 
beverages for resale on military installations on Guam. 
Subtitle F—Other Matters 
Sec. 661. Limitations on collection of overpayments of pay and allowances erro-
neously paid to members. 
Sec. 662. Army authority to provide additional recruitment incentives. 
Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence pro-
gram for certain periods before implementation of program. 
Sec. 664. Sense of Congress regarding support for compensation, retirement, 
and other military personnel programs. 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC 
PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 
adjustment to become effective during fiscal year 2010 re-
quired by section 1009 of title 37, United States Code, 
in the rates of monthly basic pay authorized members of 
the uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY.—Effective on January 
1, 2010, the rates of monthly basic pay for members of 
the uniformed services are increased by 3.4 percent. 
SEC. 602. SPECIAL MONTHLY COMPENSATION ALLOWANCE 
FOR MEMBERS WITH COMBAT-RELATED CAT-
ASTROPHIC INJURIES OR ILLNESSES PEND-
ING THEIR RETIREMENT OR SEPARATION 
FOR PHYSICAL DISABILITY. 
(a) IN GENERAL.—Chapter 7 of title 37, United 
States Code, is amended by adding at the end the fol-
lowing new section:
237 
‘‘§ 439. Special monthly compensation: members with 
combat-related catastrophic injuries or 
illnesses pending their retirement or sep-
aration for physical disability 
‘‘(a) COMPENSATION AUTHORIZED.—(1) The Sec-
retary concerned may pay to any member of the uniformed 
services described in paragraph (2) a special monthly com-
pensation in an amount determined under subsection (b). 
‘‘(2) Subject to paragraph (3), a member eligible for 
the compensation authorized by paragraph (1) is a mem-
ber— 
‘‘(A) who has a combat-related catastrophic in-
jury or illness; and 
‘‘(B) who has been certified by a licensed physi-
cian as being in need of assistance from another per-
son to perform the personal functions required in ev-
eryday living; and 
‘‘(3) The Secretary of Defense (or the Secretary of 
Homeland Security, with respect to the Coast Guard) may 
establish additional eligibility criteria in the regulations re-
quired by subsection (e). 
‘‘(b) AUTHORIZED AMOUNT OF COMPENSATION.—(1) 
The amount of the special monthly compensation author-
ized by subsection (a) shall be determined under criteria 
prescribed in the regulations required by subsection (e), 
except that the amount may not exceed the amount of the
238 
aid and attendance allowance authorized by section 
1114(r) of title 38 for veterans in need of regular aid and 
attendance. 
‘‘(2) In determining the amount of the special month-
ly compensation to be provided to a member, the Secretary 
concerned shall consider the extent to which— 
‘‘(A) home health care and related services are 
being provided to the member by the Government; 
and 
‘‘(B) aid and attendance services are being pro-
vided by family and friends of the member who may 
be compensated with funds provided through the 
special monthly compensation authorized by this sec-
tion. 
‘‘(c) TERMINATION.—The eligibility of a member to 
receive special monthly compensation under subsection (a) 
terminates on the earlier of the following: 
‘‘(1) The first month following the end of the 
90-day period beginning on the date of the separa-
tion or retirement of the member. 
‘‘(2) The first month beginning after the death 
of the member. 
‘‘(3) The first month beginning after the date 
on which the member is determined to be no longer 
afflicted with a catastrophic injury or illness.
239 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘catastrophic injury or illness’ 
means a permanent, severely disabling injury, dis-
order, or illness that the Secretary concerned deter-
mines compromises the ability of the afflicted person 
to carry out the activities of daily living to such a 
degree that the person requires— 
‘‘(A) personal or mechanical assistance to 
leave home or bed; or 
‘‘(B) constant supervision to avoid physical 
harm to self or others. 
‘‘(2) The term ‘combat-related’, with respect to 
a catastrophic injury or illness, means a wound, in-
jury, or illness for which the member involved was 
awarded the Purple Heart or that was incurred as 
described in section 1413a(e)(2) of title 10. 
‘‘(e) REGULATIONS.—The Secretary of Defense (or 
the Secretary of Homeland Security, with respect to the 
Coast Guard) shall prescribe regulations to carry out this 
section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘439. Special monthly compensation: members with combat-related catastrophic 
injuries or illnesses pending their retirement or separation for 
physical disability.’’.
240 
SEC. 603. STABILIZATION OF PAY AND ALLOWANCES FOR 
SENIOR ENLISTED MEMBERS AND WARRANT 
OFFICERS APPOINTED AS OFFICERS AND OF-
FICERS REAPPOINTED IN A LOWER GRADE. 
(a) IN GENERAL.—Section 907 of title 37, United 
States Code, is amended to read as follows: 
‘‘§ 907. Members appointed or reappointed as officers: 
no reduction in pay and allowances 
‘‘(a) STABILIZATION OF PAY AND ALLOWANCES.—A 
member of the armed forces who accepts an appointment 
or reappointment as an officer without a break in service 
shall, for service as an officer, be paid the greater of— 
‘‘(1) the pay and allowances to which the officer 
is entitled as an officer; or 
‘‘(2) the pay and allowances to which the officer 
would be entitled if the officer were in the last grade 
the officer held before the appointment or reappoint-
ment as an officer. 
‘‘(b) COVERED PAYS.—(1) Subject to paragraphs (2) 
and (3), for the purposes of this section, the pay of a grade 
formerly held by an officer described in subsection (a) in-
clude special and incentive pays under chapter 5 of this 
title. 
‘‘(2) In determining the amount of the pay of a grade 
formerly held by an officer, special and incentive pays may 
be considered only so long as the officer continues to per-
241 
form the duty that creates the entitlement to, or eligibility 
for, that pay and would otherwise be eligible to receive 
that pay in the former grade. 
‘‘(3) Special and incentive pays that are dependent 
on a member being in an enlisted status may not be con-
sidered in determining the amount of the pay of a grade 
formerly held by an officer. 
‘‘(c) COVERED ALLOWANCES.—(1) Subject to para-
graph (2), for the purposes of this section, the allowances 
of a grade formerly held by an officer described in sub-
section (a) include allowances under chapter 7 of this title. 
‘‘(2) The clothing allowance under section 418 of this 
title may not be considered in determining the amount of 
the allowances of a grade formerly held by an officer de-
scribed in subsection (a) if the officer is entitled to a uni-
form allowance under section 415 of this title. 
‘‘(d) RATES OF PAY AND ALLOWANCES.—For the 
purposes of this section, the rates of pay and allowances 
of a grade that an officer formerly held are those rates 
that the officer would be entitled to had the officer re-
mained in that grade and continued to receive the in-
creases in pay and allowances authorized for that grade, 
as otherwise provided in this title or other provisions of 
law.’’.
242 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 17 of such title is amended 
by striking the item relating to section 907 and inserting 
the following new item: 
‘‘907. Members appointed or reappointed as officers: no reduction in pay and 
allowances.’’. 
SEC. 604. REPORT ON HOUSING STANDARDS USED TO DE-
TERMINE BASIC ALLOWANCE FOR HOUSING. 
(a) REPORT REQUIRED.—Not later than July 1, 
2010, the Secretary of Defense shall submit to the con-
gressional defense committees a report containing— 
(1) a review of the housing standards used to 
determine the monthly rates of basic allowance for 
housing under section 403 of title 37, United States 
Code; and 
(2) such recommended changes to the stand-
ards, including an estimate of the cost of each rec-
ommended change, as the Secretary considers appro-
priate. 
(b) ELEMENTS
OF REVIEW.—The Secretary shall 
consider whether the housing standards are suitable in 
terms of— 
(1) recognizing the societal needs and expecta-
tions of families in the United States; 
(2) providing for an appropriate quality of life 
for members of the Armed Forces in all grades; and
243 
(3) recognizing the appropriate rewards and 
prestige associated with promotion to higher military 
grades throughout the rank structure. 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR RESERVE 
FORCES. 
The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2009’’ and 
inserting ‘‘December 31, 2010’’: 
(1) Section 308b(g), relating to Selected Re-
serve reenlistment bonus. 
(2) Section 308c(i), relating to Selected Reserve 
affiliation or enlistment bonus. 
(3) Section 308d(c), relating to special pay for 
enlisted members assigned to certain high-priority 
units. 
(4) Section 308g(f)(2), relating to Ready 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.
244 
(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. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR HEALTH 
CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections 
of title 10, United States Code, are amended by striking 
‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’: 
(1) Section 2130a(a)(1), relating to nurse offi-
cer candidate accession program. 
(2) Section 16302(d), relating to repayment of 
education loans for certain health professionals who 
serve in the Selected Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections 
of title 37, United States Code, are amended by striking 
‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’: 
(1) Section 302c-1(f), relating to accession and 
retention bonuses for psychologists.
245 
(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. 
(8) Section 302l(g), relating to accession bonus 
for dental specialist officers in critically short war-
time specialties. 
SEC. 613. 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’’:
246 
(1) Section 312(f), relating to special pay for 
nuclear-qualified officers extending period of active 
service. 
(2) Section 312b(c), relating to nuclear career 
accession bonus. 
(3) Section 312c(d), relating to nuclear career 
annual incentive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES 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. 
(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.
247 
(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. 615. 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’’: 
(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.
248 
(6) Section 326(g), relating to incentive bonus 
for conversion to military occupational specialty to 
ease personnel shortage. 
(7) Section 327(h), relating to incentive bonus 
for transfer between armed forces. 
(8) Section 330(f), relating to accession bonus 
for officer candidates. 
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES 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. 
(2) Section 3252(h), relating to Army referral 
bonus. 
SEC. 617. 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—
249 
(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 
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—
250 
(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-
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
251 
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-
curred during a period of unauthorized ab-
sence.’’.
252 
SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCEN-
TIVE PAYS TO REFLECT TIME DURING WHICH 
A MEMBER SATISFIES ELIGIBILITY REQUIRE-
MENTS FOR THE SPECIAL OR INCENTIVE 
PAY. 
(a) SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE 
FIRE OR IMMINENT DANGER.—Section 310 of title 37, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘AND
SPECIAL
PAY 
AMOUNT’’ in the subsection heading; and 
(B) by striking ‘‘at the rate of $225 for 
any month’’ in the matter preceding paragraph 
(1) and inserting ‘‘under subsection (b) for any 
month or portion of a month’’; 
(2) in subsection (c), by striking paragraph (3); 
(3) by redesignating subsections (b), (c), and 
(d) as subsections (c), (d), and (e), respectively; and 
(4) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) SPECIAL PAY AMOUNT; PRORATION.—(1) The 
special pay authorized by subsection (a) may not exceed 
$225 a month. 
‘‘(2) Except as provided in subsection (c), if a mem-
ber does not satisfy the eligibility requirements specified 
in paragraphs (1) and (2) of subsection (a) for an entire
255 
tionate to the compensation received by the member 
under section 206 of this title for inactive-duty 
training.’’. 
(e) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply with respect to 
months beginning 90 or more days after the date of the 
enactment of this Act. 
SEC. 619. ADDITIONAL SPECIAL PAYS AND BONUSES AU-
THORIZED 
FOR 
MEMBERS 
AGREEING 
TO 
SERVE IN AFGHANISTAN FOR THE DURATION 
OF THE UNITED STATES MISSION. 
(a) AUTHORITY TO DEVELOP DEMONSTRATION PRO-
GRAM.—Notwithstanding the limitations specified in sub-
section (b) of section 352 of title 37, United States Code, 
on the maximum amount of assignment or special duty 
pay that may be paid to a member of the Armed Forces 
under such section, the Secretary of Defense may develop 
a program to provide additional special pays and bonuses 
to members (particularly members who score a 4.0 on the 
Foreign Service Institute test for the dominant languages 
of Pashto and Dari) who agree to serve on active duty 
in Afghanistan for 6 years or the duration of the United 
States mission in Afghanistan, whichever occurs first. The 
assignment period required by the agreement shall provide 
for reasonable periods of leave.
256 
(b) RELATION
TO OTHER AUTHORITIES.—A pro-
gram developed under subsection (a) may be provided— 
(1) without regard to the lack of specific au-
thority for the program or policy under title 10 or 
title 37, United States Code; and 
(2) notwithstanding any provision of such titles, 
or any rule or regulation prescribed under such pro-
vision, relating to methods of— 
(A) determining requirements for oper-
ational assignment stability; and 
(B) establishing programs to achieve great-
er stability when operational requirements so 
dictate. 
(c) WAIVER OF OTHERWISE APPLICABLE LAWS.— 
Except as provided in subsection (a), a provision of title 
10 or title 37, United States Code, may not be waived 
with respect to, or otherwise determined to be inapplicable 
to, a program developed under subsection (a) without the 
approval of the Secretary of Defense. 
(d) NOTICE AND WAIT REQUIREMENT.—A program 
initiated under subsection (a) may not be implemented 
until— 
(1) the Secretary of the Defense submits to 
Congress—