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‘‘(B) AUTHORITY
TO
ESTABLISH
ALTER-
NATIVE DEADLINE FOR CERTAIN LOCATIONS.—If 
the Presidential designee determines that the 
deadline described in subparagraph (A) is not 
sufficient to ensure timely delivery of the ballot 
under paragraph (1) with respect to a particular 
location because of remoteness or other factors, 
the Presidential designee may establish as an al-
ternative deadline for that location the latest 
date occurring prior to the deadline described in 
subparagraph (A) which is sufficient to provide 
timely delivery of the ballot under paragraph 
(1). 
‘‘(4) NO
POSTAGE
REQUIREMENT.—In accord-
ance with section 3406 of title 39, United States 
Code, such marked absentee ballots and other balloting 
materials shall be carried free of postage. 
‘‘(5) DATE OF MAILING.—Such marked absentee 
ballots shall be postmarked with a record of the date 
on which the ballot is mailed. 
‘‘(c) OUTREACH FOR ABSENT OVERSEAS UNIFORMED 
SERVICES VOTERS
ON PROCEDURES.—The Presidential 
designee shall take appropriate actions to inform individ-
uals who are anticipated to be absent overseas uniformed 
services voters in a regularly scheduled general election for
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† HR 2647 EAS 
Federal office to which this section applies of the procedures 
for the collection and delivery of marked absentee ballots 
established pursuant to this section, including the manner 
in which such voters may utilize such procedures for the 
submittal of marked absentee ballots pursuant to this sec-
tion. 
‘‘(d) ABSENT
OVERSEAS
UNIFORMED
SERVICES 
VOTER DEFINED.—In this section, the term ‘absent overseas 
uniformed services voter’ means an overseas voter described 
in section 107(5)(A). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Presidential designee 
such sums as may be necessary to carry out this section.’’. 
(b) CONFORMING AMENDMENT.—Section 101(b) of 
such Act (42 U.S.C. 1973ff(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(8) carry out section 103A with respect to the 
collection and delivery of marked absentee ballots of 
absent overseas uniformed services voters in elections 
for Federal office.’’.
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(c) STATE RESPONSIBILITIES.—Section 102(a) of such 
Act (42 U.S.C. 1973ff–1(a)), as amended by section 586, 
is amended— 
(1) in paragraph (8), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (9), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding the following new paragraph: 
‘‘(10) carry out section 103A(b)(1) with respect 
to the processing and acceptance of marked absentee 
ballots of absent overseas uniformed services voters.’’. 
(d) TRACKING MARKED BALLOTS.—Section 102 of 
such Act (42 U.S.C. 1973ff–1(a)), as amended by section 
586, is amended by adding at the end the following new 
subsection: 
‘‘(h) TRACKING MARKED BALLOTS.—The chief State 
election official, in coordination with local election jurisdic-
tions, shall develop a free access system by which an absent 
uniformed services voter or overseas voter may determine 
whether the absentee ballot of the absent uniformed services 
voter or overseas voter has been received by the appropriate 
State election official.’’. 
(e) PROTECTING VOTER PRIVACY AND SECRECY OF AB-
SENTEE BALLOTS.—Section 101(b) of the Uniformed and
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† HR 2647 EAS 
Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff(b)), as amended by subsection (b), is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(7); 
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(9) to the greatest extent practicable, take such 
actions as may be necessary— 
‘‘(A) to ensure that absent uniformed serv-
ices voters who cast absentee ballots at locations 
or facilities under the jurisdiction of the Presi-
dential designee are able to do so in a private 
and independent manner; and 
‘‘(B) to protect the privacy of the contents 
of absentee ballots cast by absentee uniformed 
services voters and overseas voters while such bal-
lots are in the possession or control of the Presi-
dential designee.’’. 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 
and each succeeding election for Federal office.
245 
† HR 2647 EAS 
SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT. 
(a) USE IN GENERAL, SPECIAL, PRIMARY, AND RUN-
OFF ELECTIONS FOR FEDERAL OFFICE.— 
(1) IN GENERAL.—Section 103 of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff–2) is amended— 
(A) in subsection (a), by striking ‘‘general 
elections for Federal office’’ and inserting ‘‘gen-
eral, special, primary, and runoff elections for 
Federal office’’; 
(B) in subsection (e), in the matter pre-
ceding paragraph (1), by striking ‘‘a general 
election’’ and inserting ‘‘a general, special, pri-
mary, or runoff election for Federal office’’; and 
(C) in subsection (f), by striking ‘‘the gen-
eral election’’ each place it appears and inserting 
‘‘the general, special, primary, or runoff election 
for Federal office’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on December 31, 
2010, and apply with respect to elections for Federal 
office held on or after such date. 
(b) PROMOTION AND EXPANSION OF USE.—Section 
103(a) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff–2) is amended—
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† HR 2647 EAS 
(1) by striking ‘‘GENERAL.—The Presidential’’ 
and inserting ‘‘GENERAL.— 
‘‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT.— 
The Presidential’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) PROMOTION
AND
EXPANSION
OF
USE
OF 
FEDERAL WRITE-IN ABSENTEE BALLOTS.— 
‘‘(A) IN GENERAL.—Not later than Decem-
ber 31, 2011, the Presidential designee shall 
adopt procedures to promote and expand the use 
of the Federal write-in absentee ballot as a back- 
up measure to vote in elections for Federal office. 
‘‘(B) USE
OF
TECHNOLOGY.—Under such 
procedures, the Presidential designee shall utilize 
technology to implement a system under which 
the absent uniformed services voter or overseas 
voter may— 
‘‘(i) enter the address of the voter or 
other information relevant in the appro-
priate jurisdiction of the State, and the sys-
tem will generate a list of all candidates in 
the election for Federal office in that juris-
diction; and
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‘‘(ii) submit the marked Federal write- 
in absentee ballot by printing the ballot (in-
cluding complete instructions for submitting 
the marked Federal write-in absentee ballot 
to the appropriate State election official 
and the mailing address of the single State 
office designated under section 102(b)). 
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated 
to the Presidential designee such sums as may be 
necessary to carry out this paragraph.’’. 
SEC. 589. PROHIBITING REFUSAL TO ACCEPT VOTER REG-
ISTRATION AND ABSENTEE BALLOT APPLICA-
TIONS, MARKED ABSENTEE BALLOTS, AND 
FEDERAL WRITE-IN ABSENTEE BALLOTS FOR 
FAILURE TO MEET CERTAIN REQUIREMENTS. 
(a) VOTER REGISTRATION AND ABSENTEE BALLOT 
APPLICATIONS.—Section 102 of the Uniformed and Over-
seas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as 
amended by section 587, is amended by adding at the end 
the following new subsection: 
‘‘(i) PROHIBITING REFUSAL TO ACCEPT APPLICA-
TIONS FOR FAILURE TO MEET CERTAIN REQUIREMENTS.— 
A State shall not refuse to accept and process any otherwise 
valid voter registration application or absentee ballot appli-
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† HR 2647 EAS 
tion and resources, the availability of the Federal 
postcard application, and the availability of the Fed-
eral write-in absentee ballot on the military Global 
Network, and shall use the military Global Network 
to notify absent uniformed services voters of the fore-
going 90, 60, and 30 days prior to each election for 
Federal office. 
‘‘(b) CLARIFICATION REGARDING OTHER DUTIES AND 
OBLIGATIONS.—Nothing in this section shall relieve the 
Presidential designee of their duties and obligations under 
any directives or regulations issued by the Department of 
Defense, including the Department of Defense Directive 
1000.04 (or any successor directive or regulation) that is 
not inconsistent or contradictory to the provisions of this 
section. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Federal Voting Assist-
ance Program of the Department of Defense (or a successor 
program) such sums as are necessary for purposes of car-
rying out this section.’’. 
(2) CONFORMING AMENDMENTS.—Section 101 of 
such Act (42 U.S.C. 1973ff), as amended by section 
587, is amended— 
(A) in subparagraph (b)—
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† HR 2647 EAS 
(i) by striking ‘‘and’’ at the end of 
paragraph (8); 
(ii) by striking the period at the end of 
paragraph (9) and inserting ‘‘; and’’; and 
(iii) by adding at the end the following 
new paragraph: 
‘‘(10) carry out section 103B with respect to 
Federal Voting Assistance Program Improvements.’’; 
and 
(B) by adding at the end the following new 
subsection: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR CAR-
RYING OUT FEDERAL VOTING ASSISTANCE PROGRAM IM-
PROVEMENTS.—There are authorized to be appropriated to 
the Presidential designee such sums as are necessary for 
purposes of carrying out subsection (b)(10).’’. 
(b) VOTER REGISTRATION ASSISTANCE FOR ABSENT 
UNIFORMED SERVICES VOTERS.—Section 102 of the Uni-
formed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff–1), as amended by section 589, is amended 
by adding at the end the following new subsection: 
‘‘(j) VOTER REGISTRATION ASSISTANCE FOR ABSENT 
UNIFORMED SERVICES VOTERS.— 
‘‘(1) DESIGNATING AN OFFICE AS A VOTER REG-
ISTRATION AGENCY ON EACH INSTALLATION OF THE
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† HR 2647 EAS 
ARMED FORCES.—Not later than 180 days after the 
date of enactment of this subsection, each Secretary of 
a military department shall take appropriate actions 
to designate an office on each installation of the 
Armed Forces under the jurisdiction of such Secretary 
(excluding any installation in a theater of combat), 
consistent across every installation of the department 
of the Secretary concerned, to provide each individual 
described in paragraph (3)— 
‘‘(A) written information on voter registra-
tion procedures and absentee ballot procedures 
(including the official post card form prescribed 
under section 101); 
‘‘(B) the opportunity to register to vote in 
an election for Federal office; 
‘‘(C) the opportunity to update the individ-
ual’s voter registration information, including 
clear written notice and instructions for the ab-
sent uniformed services voter to change their ad-
dress by submitting the official post card form 
prescribed under section 101 to the appropriate 
State election official; and 
‘‘(D) the opportunity to request an absentee 
ballot under this Act.
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‘‘(2) DEVELOPMENT
OF
PROCEDURES.—Each 
Secretary of a military department shall develop, in 
consultation with each State and the Presidential des-
ignee, the procedures necessary to provide the assist-
ance described in paragraph (1). 
‘‘(3) INDIVIDUALS
DESCRIBED.—The following 
individuals are described in this paragraph: 
‘‘(A) An absent uniformed services voter— 
‘‘(i) who is undergoing a permanent 
change of duty station; 
‘‘(ii) who is deploying overseas for at 
least 6 months; 
‘‘(iii) who is or returning from an 
overseas deployment of at least 6 months; or 
‘‘(iv) who at any time requests assist-
ance related to voter registration. 
‘‘(B) All other absent uniformed services 
voters (as defined in section 107(1)). 
‘‘(4) TIMING OF PROVISION OF ASSISTANCE.— 
The assistance described in paragraph (1) shall be 
provided to an absent uniformed services voter— 
‘‘(A) described in clause (i) of paragraph 
(3)(A), as part of the administrative in-proc-
essing of the member upon arrival at the new
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† HR 2647 EAS 
duty station of the absent uniformed services 
voter; 
‘‘(B) described in clause (ii) of such para-
graph, as part of the administrative in-proc-
essing of the member upon deployment from the 
home duty station of the absent uniformed serv-
ices voter; 
‘‘(C) described in clause (iii) of such para-
graph, as part of the administrative in-proc-
essing of the member upon return to the home 
duty station of the absent uniformed services 
voter; 
‘‘(D) described in clause (iv) of such para-
graph, at any time the absent uniformed services 
voter requests such assistance; and 
‘‘(E) described in paragraph (3)(B), at any 
time the absent uniformed services voter requests 
such assistance. 
‘‘(5) PAY, PERSONNEL, AND IDENTIFICATION OF-
FICES OF THE DEPARTMENT OF DEFENSE.—The Sec-
retary of Defense may designate pay, personnel, and 
identification offices of the Department of Defense for 
persons to apply to register to vote, update the indi-
vidual’s voter registration information, and request 
an absentee ballot under this Act.
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† HR 2647 EAS 
‘‘(6) TREATMENT OF OFFICES DESIGNATED AS 
VOTER
REGISTRATION
AGENCIES.—An office des-
ignated under paragraph (1) or (5) shall be consid-
ered to be a voter registration agency designated 
under section 7(a)(2) of the National Voter Registra-
tion Act of 1993 for all purposes of such Act. 
‘‘(7) OUTREACH TO ABSENT UNIFORMED SERV-
ICES VOTERS.—The Secretary of each military de-
partment or the Presidential designee shall take ap-
propriate actions to inform absent uniformed services 
voters of the assistance available under this subsection 
including— 
‘‘(A) the availability of voter registration 
assistance at offices designated under paragraphs 
(1) and (5); and 
‘‘(B) the time, location, and manner in 
which an absent uniformed voter may utilize 
such assistance. 
‘‘(8) DEFINITION OF MILITARY DEPARTMENT AND 
SECRETARY
CONCERNED.—In this subsection, the 
terms ‘military department’ and ‘Secretary con-
cerned’ have the meaning given such terms in para-
graphs (8) and (9), respectively, of section 101 of title 
10, United States Code.
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† HR 2647 EAS 
‘‘(9) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums as 
are necessary to carry out this subsection.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 
and each succeeding election for Federal office. 
SEC. 591. DEVELOPMENT OF STANDARDS FOR REPORTING 
AND STORING CERTAIN DATA. 
(a) IN GENERAL.—Section 101(b) of such Act (42 
U.S.C. 1973ff(b)), as amended by section 590, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(9); 
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(11) working with the Election Assistance Com-
mission and the chief State election official of each 
State, develop standards— 
‘‘(A) for States to report data on the num-
ber of absentee ballots transmitted and received 
under section 102(c) and such other data as the 
Presidential designee determines appropriate; 
and
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† HR 2647 EAS 
‘‘(B) for the Presidential designee to store 
the data reported.’’. 
(b) CONFORMING AMENDMENT.—Section 102(a) of 
such Act (42 U.S.C. 1973ff–1(a)), as amended by section 
587, is amended— 
(1) in paragraph (9), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(11) report data on the number of absentee bal-
lots transmitted and received under section 102(c) 
and such other data as the Presidential designee de-
termines appropriate in accordance with the stand-
ards developed by the Presidential designee under sec-
tion 101(b)(11).’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 
and each succeeding election for Federal office.
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† HR 2647 EAS 
SEC. 592. REPEAL OF PROVISIONS RELATING TO USE OF 
SINGLE APPLICATION FOR ALL SUBSEQUENT 
ELECTIONS. 
(a) IN GENERAL.—Subsections (a) through (d) of sec-
tion 104 of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff–3) are repealed. 
(b) CONFORMING AMENDMENTS.—The Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 
seq.) is amended— 
(1) in section 101(b)— 
(A) in paragraph (2), by striking ‘‘, for use 
by States in accordance with section 104’’; and 
(B) in paragraph (4), by striking ‘‘for use 
by States in accordance with section 104’’; and 
(2) in section 104, as amended by subsection 
(a)— 
(A) in the section heading, by striking 
‘‘USE
OF
SINGLE
APPLICATION
FOR
ALL 
SUBSEQUENT
ELECTIONS’’ and inserting 
‘‘PROHIBITION OF REFUSAL OF APPLICA-
TIONS
ON
GROUNDS
OF
EARLY
SUBMIS-
SION’’; and 
(B) in subsection (e), by striking ‘‘(e) PRO-
HIBITION
OF REFUSAL
OF APPLICATIONS
ON 
GROUNDS OF EARLY SUBMISSION.—’’.
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† HR 2647 EAS 
SEC. 593. REPORTING REQUIREMENTS. 
The Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff et seq.) is amended by inserting after 
section 105 the following new section: 
‘‘SEC. 105A. REPORTING REQUIREMENTS. 
‘‘(a) REPORT ON STATUS OF IMPLEMENTATION AND 
ASSESSMENT OF PROGRAMS.—Not later than 180 days 
after the date of the enactment of the Military and Overseas 
Voter Empowerment Act, the Presidential designee shall 
submit to the relevant committees of Congress a report con-
taining the following information: 
‘‘(1) The status of the implementation of the pro-
cedures established for the collection and delivery of 
marked absentee ballots of absent overseas uniformed 
services voters under section 103A, and a detailed de-
scription of the specific steps taken towards such im-
plementation for the regularly scheduled general elec-
tion for Federal office held in November 2010. 
‘‘(2) An assessment of the effectiveness of the Vot-
ing Assistance Officer Program of the Department of 
Defense, which shall include the following: 
‘‘(A) A thorough and complete assessment of 
whether the Program, as configured and imple-
mented as of such date of enactment, is effec-
tively assisting absent uniformed services voters 
in exercising their right to vote.
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† HR 2647 EAS 
‘‘(B) An inventory and explanation of any 
areas of voter assistance in which the Program 
has failed to accomplish its stated objectives and 
effectively assist absent uniformed services voters 
in exercising their right to vote. 
‘‘(C) As necessary, a detailed plan for the 
implementation of any new program to replace 
or supplement voter assistance activities required 
to be performed under this Act. 
‘‘(3) A detailed description of the specific steps 
taken towards the implementation of voter registra-
tion assistance for absent uniformed services voters 
under section 102(j), including the designation of of-
fices under paragraphs (1) and (5) of such section. 
‘‘(b) ANNUAL REPORT ON EFFECTIVENESS OF ACTIVI-
TIES AND UTILIZATION OF CERTAIN PROCEDURES.—Not 
later than March 31 of each year, the Presidential designee 
shall transmit to the President and to the relevant commit-
tees of Congress a report containing the following informa-
tion: 
‘‘(1) An assessment of the effectiveness of activi-
ties carried out under section 103B, including the ac-
tivities and actions of the Federal Voting Assistance 
Program of the Department of Defense, a separate as-
sessment of voter registration and participation by
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† HR 2647 EAS 
absent uniformed services voters, a separate assess-
ment of voter registration and participation by over-
seas voters who are not members of the uniformed 
services, and a description of the cooperation between 
States and the Federal Government in carrying out 
such section. 
‘‘(2) A description of the utilization of voter reg-
istration assistance under section 102(j), which shall 
include the following: 
‘‘(A) A description of the specific programs 
implemented by each military department of the 
Armed Forces pursuant to such section. 
‘‘(B) The number of absent uniformed serv-
ices voters who utilized voter registration assist-
ance provided under such section. 
‘‘(3) In the case of a report submitted under this 
subsection in the year following a year in which a 
regularly scheduled general election for Federal office 
is held, a description of the utilization of the proce-
dures for the collection and delivery of marked absen-
tee ballots established pursuant to section 103A, which 
shall include the number of marked absentee ballots 
collected and delivered under such procedures and the 
number of such ballots which were not delivered by 
the time of the closing of the polls on the date of the
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† HR 2647 EAS 
election (and the reasons such ballots were not so de-
livered). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ABSENT OVERSEAS UNIFORMED SERVICES 
VOTER.—The term ‘absent overseas uniformed services 
voter’ has the meaning given such term in section 
103A(d). 
‘‘(2) PRESIDENTIAL DESIGNEE.—The term ‘Pres-
idential designee’ means the Presidential designee 
under section 101(a). 
‘‘(3) RELEVANT COMMITTEES OF CONGRESS DE-
FINED.—The term ‘relevant committees of Congress’ 
means— 
‘‘(A) the Committees on Appropriations, 
Armed Services, and Rules and Administration 
of the Senate; and 
‘‘(B) the Committees on Appropriations, 
Armed Services, and House Administration of 
the House of Representatives.’’. 
SEC. 594. ANNUAL REPORT ON ENFORCEMENT. 
Section 105 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973f–4) is amended— 
(1) by striking ‘‘The Attorney’’ and inserting 
‘‘(a) IN GENERAL.—The Attorney’’; and
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† HR 2647 EAS 
(2) by adding at the end the following new sub-
section: 
‘‘(b) REPORT TO CONGRESS.—Not later than December 
31 of each year, the Attorney General shall submit to Con-
gress an annual report on any civil action brought under 
subsection (a) during the preceding year.’’. 
SEC. 595. REQUIREMENTS PAYMENTS. 
(a) USE OF FUNDS.—Section 251(b) of the Help Amer-
ica Vote Act of 2002 (42 U.S.C. 15401(b)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) ACTIVITIES UNDER UNIFORMED AND OVER-
SEAS
CITIZENS
ABSENTEE
VOTING
ACT.—A State 
shall use a requirements payment made using funds 
appropriated pursuant to the authorization under 
section 257(4) only to meet the requirements under 
the Uniformed and Overseas Citizens Absentee Voting 
Act imposed as a result of the provisions of and 
amendments made by the Military and Overseas 
Voter Empowerment Act.’’. 
(b) REQUIREMENTS.— 
(1) STATE PLAN.—Section 254(a) of the Help 
America Vote Act of 2002 (42 U.S.C. 15404(a)) is
264 
† HR 2647 EAS 
amended by adding at the end the following new 
paragraph: 
‘‘(14) How the State plan will comply with the 
provisions and requirements of and amendments 
made by the Military and Overseas Voter Empower-
ment Act.’’. 
(2) CONFORMING AMENDMENTS.—Section 253(b) 
of the Help America Vote Act of 2002 (42 U.S.C. 
15403(b)) is amended— 
(A) in paragraph (1)(A), by striking ‘‘sec-
tion 254’’ and inserting ‘‘subsection (a) of sec-
tion 254 (or, in the case where a State is seeking 
a requirements payment made using funds ap-
propriated pursuant to the authorization under 
section 257(4), paragraph (14) of section 254)’’; 
and 
(B) in paragraph (2)— 
(i) by striking ‘‘(2) The State’’ and in-
serting ‘‘(2)(A) Subject to subparagraph 
(B), the State’’; and 
(ii) by inserting after subparagraph 
(A), as added by clause (i), the following 
new subparagraph: 
‘‘(B) The requirement under subparagraph (A) 
shall not apply in the case of a requirements payment
265 
† HR 2647 EAS 
made using funds appropriated pursuant to the au-
thorization under section 257(4).’’. 
(c) AUTHORIZATION.—Section 257(a) of the Help 
America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(4) For fiscal year 2010 and subsequent fiscal 
years, such sums as are necessary for purposes of 
making requirements payments to States to carry out 
the activities described in section 251(b)(3).’’. 
SEC. 596. TECHNOLOGY PILOT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ABSENT UNIFORMED SERVICES VOTER.—The 
term ‘‘absent uniformed services voter’’ has the mean-
ing given such term in section 107(a) of the Uni-
formed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff et seq.). 
(2) OVERSEAS
VOTER.—The term ‘‘overseas 
voter’’ has the meaning given such term in section 
107(5) of such Act. 
(3) PRESIDENTIAL DESIGNEE.—The term ‘‘Presi-
dential designee’’ means the individual designated 
under section 101(a) of such Act. 
(b) ESTABLISHMENT.— 
(1) IN
GENERAL.—The Presidential designee 
may establish 1 or more pilot programs under which
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† HR 2647 EAS 
the feasibility of new election technology is tested for 
the benefit of absent uniformed services voters and 
overseas voters claiming rights under the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff et seq.). 
(2) DESIGN AND CONDUCT.—The design and con-
duct of a pilot program established under this sub-
section— 
(A) shall be at the discretion of the Presi-
dential designee; and 
(B) shall not conflict with or substitute for 
existing laws, regulations, or procedures with re-
spect to the participation of absent uniformed 
services voters and military voters in elections 
for Federal office. 
(c) CONSIDERATIONS.—In conducting a pilot program 
established under subsection (b), the Presidential designee 
may consider the following issues: 
(1) The transmission of electronic voting mate-
rial across military networks. 
(2) Virtual private networks, cryptographic vot-
ing systems, centrally controlled voting stations, and 
other information security techniques. 
(3) The transmission of ballot representations 
and scanned pictures in a secure manner.
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† HR 2647 EAS 
(4) Capturing, retaining, and comparing elec-
tronic and physical ballot representations. 
(5) Utilization of voting stations at military 
bases. 
(6) Document delivery and upload systems. 
(7) The functional effectiveness of the application 
or adoption of the pilot program to operational envi-
ronments, taking into account environmental and 
logistical obstacles and State procedures. 
(d) REPORTS.—The Presidential designee shall submit 
to Congress reports on the progress and outcomes of any 
pilot program conducted under this subsection, together 
with recommendations— 
(1) for the conduct of additional pilot programs 
under this section; and 
(2) for such legislation and administrative ac-
tion as the Presidential designee determines appro-
priate. 
(e) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Election Assistance Com-
mission and the National Institute of Standards and 
Technology shall work with the Presidential designee 
to support the pilot program or programs established 
under this section through best practices or standards 
and in accordance with electronic absentee voting
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guidelines established under the first sentence of sec-
tion 1604(a)(2) of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 115 
Stat. 1277; 42 U.S.C. 1977ff note), as amended by 
section 567 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 1919). 
(2) REPORT.—In the case where the Election As-
sistance Commission has not established electronic ab-
sentee 
voting 
guidelines 
under 
such 
section 
1604(a)(2), as so amended, by not later than 180 
days after enactment of this Act, the Election Assist-
ance Commission shall submit to the relevant commit-
tees of Congress a report containing the following in-
formation: 
(A) The reasons such guidelines have not 
been established as of such date. 
(B) A detailed timeline for the establish-
ment of such guidelines. 
(C) A detailed explanation of the Commis-
sion’s actions in establishing such guidelines 
since the date of enactment of the Ronald W. 
Reagan National Defense Authorization Act for 
Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 1919).
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(3) RELEVANT COMMITTEES OF CONGRESS DE-
FINED.—In this subsection, the term ‘‘relevant com-
mittees of Congress’’ means— 
(A) the Committees on Appropriations, 
Armed Services, and Rules and Administration 
of the Senate; and 
(B) the Committees on Appropriations, 
Armed Services, and House Administration of 
the House of Representatives. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC 
PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment 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.
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SEC. 602. COMPTROLLER GENERAL OF THE UNITED STATES 
COMPARATIVE 
ASSESSMENT 
OF 
MILITARY 
AND PRIVATE-SECTOR PAY AND BENEFITS. 
(a) STUDY REQUIRED.—The Comptroller General of 
the United States shall conduct a study comparing pay and 
benefits provided by law to members of the Armed Forces 
with pay and benefits provided by the private sector to com-
parably situated private-sector employees. 
(b) ELEMENTS.—The study required by subsection (a) 
shall include, but not be limited to, the following: 
(1) An assessment of total military compensation 
for officers and for enlisted personnel, including basic 
pay, the basic allowance for housing (BAH), the basic 
allowance for subsistence (BAS), tax benefits applica-
ble to military pay and allowances under Federal law 
(including the Social Security laws) and State law, 
military retirement benefits, commissary and ex-
change privileges, and military healthcare benefits. 
(2) An assessment of private-sector pay and ben-
efits for civilians of similar age, education, and expe-
rience in like fields of officers and enlisted personnel 
of the Armed Forces, including pay, bonuses, em-
ployee options, fringe benefits, retirement benefits, in-
dividual retirement investment benefits, flexible 
spending accounts and health savings accounts, and
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† HR 2647 EAS 
any other elements of private-sector compensation 
that the Comptroller General considers appropriate. 
(3) An identification of the percentile of com-
parable private-sector compensation at which mem-
bers of the Armed Forces are paid, including an as-
sessment of the adequacy of percentile comparisons 
generally and whether the Department of Defense goal 
of compensating members of the Armed Forces at the 
80th percentile of comparable private-sector com-
pensation, as described in the 10th Quadrennial Re-
view of Military Compensation, is appropriate and 
adequate to achieve comparability of pay between 
members of the Armed Forces and private-sector em-
ployees. 
(c) REPORT.—The Comptroller General shall submit 
to the congressional defense committees a report on the 
study required by subsection (a) by not later than April 
1, 2010. 
SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF 
SUPPLEMENTAL SUBSISTENCE ALLOWANCE 
FOR LOW-INCOME MEMBERS WITH DEPEND-
ENTS. 
(a) INCREASE IN MAXIMUM MONTHLY AMOUNT.—Sec-
tion 402a(a) of title 37, United States Code, is amended—
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(1) in paragraph (2), by striking ‘‘$500’’ and in-
serting ‘‘$1,100’’; and 
(2) in paragraph (3)(B), by striking ‘‘$500’’ and 
inserting ‘‘$1,100’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 2009, and shall 
apply with respect to monthly supplemental subsistence al-
lowances for low-income members with dependents payable 
on or after that date. 
(c) REPORT ON ELIMINATION OF RELIANCE ON SUP-
PLEMENTAL NUTRITION ASSISTANCE PROGRAM TO MEET 
NUTRITIONAL
NEEDS
OF
MEMBERS
OF
THE
ARMED 
FORCES AND THEIR DEPENDENTS.— 
(1) IN GENERAL.—Not later than September 1, 
2010, the Secretary of Defense shall, in consultation 
with the Secretary of Agriculture, submit to the con-
gressional defense committees a report setting forth a 
plan for actions to eliminate the need for members of 
the Armed Forces and their dependents to rely on the 
supplemental nutrition assistance program under the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for 
their monthly nutritional needs. 
(2) ELEMENTS.—The plan required by para-
graph (1) shall address the following:
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(A) An appropriate amount or amounts for 
the monthly supplemental subsistence allowance 
for low-income members with dependents payable 
under section 402a of title 37, United States 
Code. 
(B) Such modifications, if any, to the eligi-
bility requirements for the monthly supplemental 
subsistence allowance, including limitations on 
the maximum size of the household of a member 
for purposes of eligibility for the allowance, as 
the Secretary of Defense considers appropriate. 
(C) The advisability of requiring members 
of the Armed Forces to apply for the monthly 
supplemental subsistence allowance before seeking 
assistance under the supplemental nutrition as-
sistance program. 
(D) Such other matters as the Secretary of 
Defense considers appropriate. 
SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZA-
TION RESPITE ABSENCE PROGRAM FOR CER-
TAIN PERIODS BEFORE IMPLEMENTATION OF 
PROGRAM. 
(a) IN GENERAL.—Under regulations prescribed by the 
Secretary of Defense, the Secretary concerned may provide 
any member or former member of the Armed Forces with
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† HR 2647 EAS 
the benefits specified in subsection (b) if the member or 
former member would, on any day during the period begin-
ning on January 19, 2007, and ending on the date of the 
implementation of the Post-Deployment/Mobilization Res-
pite Absence (PDMRA) program by the Secretary con-
cerned, have qualified for a day of administrative absence 
under the Post-Deployment/Mobilization Respite Absence 
program had the program been in effect during such period. 
(b) BENEFITS.—The benefits specified in this sub-
section are the following: 
(1) In the case of an individual who is a former 
member of the Armed Forces at the time of the provi-
sion of benefits under this section, payment of an 
amount not to exceed $200 for each day the indi-
vidual would have qualified for a day of administra-
tive absence as described in subsection (a) during the 
period specified in that subsection. 
(2) In the case of an individual who is a member 
of the Armed Forces at the time of the provision of 
benefits under this section, either one day of adminis-
trative absence or payment of an amount not to ex-
ceed $200, as selected by the Secretary concerned, for 
each day the individual would have qualified for a 
day of administrative absence as described in sub-
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† HR 2647 EAS 
section (a) during the period specified in that sub-
section. 
(c) EXCLUSION OF CERTAIN FORMER MEMBERS.—A 
former member of the Armed Forces is not eligible under 
this section for the benefits specified in subsection (b)(1) if 
the former member was discharged or released from the 
Armed Forces under other than honorable conditions. 
(d) MAXIMUM
NUMBER
OF
DAYS
OF
BENEFITS 
PROVIDABLE.—The number of days of benefits providable 
to a member or former member of the Armed Forces under 
this section may not exceed 40 days of benefits. 
(e) FORM OF PAYMENT.—The paid benefits providable 
under subsection (b) may be paid in a lump sum or install-
ments, at the election of the Secretary concerned. 
(f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 
The benefits provided a member or former member of the 
Armed Forces under this section are in addition to any 
other pay, absence, or leave provided by law. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Post-Deployment/Mobilization 
Respite Absence program’’ means the program of a 
military department to provide days of administra-
tive absence not chargeable against available leave to 
certain deployed or mobilized members of the Armed 
Forces in order to assist such members in reinte-
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† HR 2647 EAS 
grating into civilian life after deployment or mobili-
zation. 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(5) of title 37, 
United States Code. 
(h) TERMINATION.— 
(1) IN GENERAL.—The authority to provide ben-
efits under this section shall expire on the date that 
is one year after the date of the enactment of this Act. 
(2) CONSTRUCTION.—Expiration under this sub-
section of the authority to provide benefits under this 
section shall not affect the utilization of any day of 
administrative absence provided a member of the 
Armed Forces under subsection (b)(2), or the payment 
of any payment authorized a member or former mem-
ber of the Armed Forces under subsection (b), before 
the expiration of the authority in this section. 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.— 
Section 308b(g) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2009’’ and inserting ‘‘December 
31, 2010’’.
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(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT 
BONUS.—Section 308c(i) of such title is amended by strik-
ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’. 
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED 
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 
such title is amended by striking ‘‘December 31, 2009’’ and 
inserting ‘‘December 31, 2010’’. 
(d) READY RESERVE ENLISTMENT BONUS FOR PER-
SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 
such title is amended by striking ‘‘December 31, 2009’’ and 
inserting ‘‘December 31, 2010’’. 
(e) READY RESERVE ENLISTMENT
AND REENLIST-
MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec-
tion 308h(e) of such title is amended by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(f) SELECTED RESERVE ENLISTMENT BONUS
FOR 
PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 
title is amended by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2010’’. 
(g) 
INCOME
REPLACEMENT
PAYMENTS.—Section 
910(g) of such title is amended by striking ‘‘December 31, 
2009’’ and inserting ‘‘December 31, 2010’’.
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SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR HEALTH CARE PRO-
FESSIONALS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code, 
is amended by striking ‘‘December 31, 2009’’ and inserting 
‘‘December 31, 2010’’. 
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN 
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED 
RESERVE.—Section 16302(d) of such title is amended by 
striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’. 
(c) ACCESSION AND RETENTION BONUSES FOR PSY-
CHOLOGISTS.—Section 302c-1(f) of title 37, United States 
Code, is amended by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2010’’. 
(d) ACCESSION BONUS FOR REGISTERED NURSES.— 
Section 302d(a)(1) of such title is amended by striking ‘‘De-
cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(e) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of such title is amended by 
striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’. 
(f) SPECIAL PAY FOR SELECTED RESERVE HEALTH 
PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
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† HR 2647 EAS 
TIES.—Section 302g(e) of such title is amended by striking 
‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(g) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec-
tion 302h(a)(1) of such title is amended by striking ‘‘De-
cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(h) ACCESSION BONUS FOR PHARMACY OFFICERS.— 
Section 302j(a) of such title is amended by striking ‘‘De-
cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(i) ACCESSION BONUS FOR MEDICAL OFFICERS IN 
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section 
302k(f) of such title is amended by striking ‘‘December 31, 
2009’’ and inserting ‘‘December 31, 2010’’. 
(j) ACCESSION BONUS FOR DENTAL SPECIALIST OFFI-
CERS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Sec-
tion 302l(g) of such title is amended by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2010’’. 
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU-
THORITIES FOR NUCLEAR OFFICERS. 
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS 
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(f) 
of title 37, United States Code, is amended by striking ‘‘De-
cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 
312b(c) of such title is amended by striking ‘‘December 31, 
2009’’ and inserting ‘‘December 31, 2010’’.
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† HR 2647 EAS 
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.— 
Section 312c(d) of such title is amended by striking ‘‘De-
cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO TITLE 
37 CONSOLIDATED SPECIAL PAY, INCENTIVE 
PAY, AND BONUS AUTHORITIES. 
(a) GENERAL BONUS AUTHORITY
FOR ENLISTED 
MEMBERS.—Section 331(h) of title 37, United States Code, 
is amended by striking ‘‘December 31, 2009’’ and inserting 
‘‘December 31, 2010’’. 
(b) GENERAL BONUS AUTHORITY FOR OFFICERS.— 
Section 332(g) of such title is amended by striking ‘‘Decem-
ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(c) SPECIAL BONUS AND INCENTIVE PAY AUTHORI-
TIES FOR NUCLEAR OFFICERS.—Section 333(i) of such title 
is amended by striking ‘‘December 31, 2009’’ and inserting 
‘‘December 31, 2010’’. 
(d) SPECIAL AVIATION INCENTIVE PAY AND BONUS 
AUTHORITIES.—Section 334(i) of such title is amended by 
striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’. 
(e) SPECIAL HEALTH PROFESSIONS INCENTIVE PAY 
AND BONUS AUTHORITIES.—Section 335(k) of such title is 
amended by striking ‘‘December 31, 2009’’ and inserting 
‘‘December 31, 2010’’.
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† HR 2647 EAS 
(f) HAZARDOUS DUTY PAY.—Section 351(i) of such 
title is amended by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2010’’. 
(g) ASSIGNMENT PAY OR SPECIAL DUTY PAY.—Sec-
tion 352(g) of such title is amended by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(h) SKILL INCENTIVE PAY OR PROFICIENCY BONUS.— 
Section 353(j) of such title is amended by striking ‘‘Decem-
ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
(i) RETENTION BONUS FOR MEMBERS WITH CRITICAL 
MILITARY
SKILLS
OR
ASSIGNED
TO
HIGH
PRIORITY 
UNITS.—Section 355(i) of such title is amended by striking 
‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER TITLE 37 BONUSES AND SPE-
CIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 
301b(a) of title 37, United States Code, is amended by strik-
ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’. 
(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of 
such title is amended by striking ‘‘December 31, 2009’’ and 
inserting ‘‘December 31, 2010’’.
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† HR 2647 EAS 
by striking ‘‘December 31, 2009’’ and inserting ‘‘December 
31, 2010’’. 
(b) ARMY REFERRAL BONUS.—Section 3252(h) of such 
title is amended by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2010’’. 
SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE 
UNIFORMED SERVICES WITH SERIOUS INJU-
RIES OR ILLNESSES REQUIRING ASSISTANCE 
IN EVERYDAY LIVING. 
(a) IN GENERAL.—Chapter 7 of title 37, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 439. Special compensation: members of the uni-
formed services with serious injuries or 
illnesses requiring assistance in everyday 
living 
‘‘(a) MONTHLY COMPENSATION.—The Secretary con-
cerned may pay to any member of the uniformed services 
described in subsection (b) monthly special compensation 
in an amount determined under subsection (c). 
‘‘(b) COVERED MEMBERS.—A member eligible for 
monthly special compensation authorized by subsection (a) 
is a member who— 
‘‘(1) has been certified by a licensed physician to 
be in need of assistance from another person to per-
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† HR 2647 EAS 
form the personal functions required in everyday liv-
ing; 
‘‘(2) has a serious injury, disorder, or disease of 
either a temporary or permanent nature that— 
‘‘(A) is incurred or aggravated in the line 
of duty; and 
‘‘(B) compromises the member’s ability to 
carry out one or more activities of daily living 
or requires the member to be constantly super-
vised to avoid physical harm to the member or 
to others; and 
‘‘(3) meets such other criteria, if any, as the Sec-
retary of Defense (or the Secretary of Homeland Secu-
rity, with respect to the Coast Guard) prescribes for 
purposes of this section. 
‘‘(c) AMOUNT.—(1) The amount of monthly special 
compensation payable to a member under subsection (a) 
shall be determined under criteria prescribed by the Sec-
retary of Defense (or the Secretary of Homeland Security, 
with respect to the Coast Guard), but may not exceed the 
amount of aid and attendance allowance authorized by sec-
tion 1114(r)(2) of title 38 for veterans in need of aid and 
attendance.
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† HR 2647 EAS 
‘‘(2) In determining the amount of monthly special 
compensation, the Secretary concerned shall consider the 
following: 
‘‘(A) The extent to which home health care and 
related services are being provided by the Govern-
ment. 
‘‘(B) The extent to which aid and attendance 
services are being provided by family and friends who 
may be compensated with funds provided through the 
monthly special compensation. 
‘‘(d) PAYMENT
UNTIL
MEDICAL
RETIREMENT.— 
Monthly special compensation is payable under this section 
to a member described in subsection (b) for any month that 
begins before the date on which the member is medically 
retired. 
‘‘(e) CONSTRUCTION WITH OTHER PAY AND ALLOW-
ANCES.—Monthly special compensation payable to a mem-
ber under this section is in addition to any other pay and 
allowances payable to the member by law. 
‘‘(f) BENEFIT INFORMATION.—The Secretary of De-
fense, in collaboration with the Secretary of Veterans Af-
fairs, shall ensure that members of the uniformed services 
who may be eligible for compensation under this section are 
made aware of the availability of such compensation by in-
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† HR 2647 EAS 
cluding information about such compensation in written 
and online materials for such members and their families. 
‘‘(g) REGULATIONS.—The Secretary of Defense (or the 
Secretary of Homeland Security, with respect to the Coast 
Guard) shall prescribe regulations to carry out this sec-
tion.’’. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense (and the Secretary of Homeland Security, 
with respect to the Coast Guard) shall submit to Con-
gress a report on the provision of compensation under 
section 439 of title 37, United States Code, as added 
by subsection (a) of this section. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) An estimate of the number of members 
of the uniformed services eligible for compensa-
tion under such section 439. 
(B) The number of members of the uni-
formed services receiving compensation under 
such section. 
(C) The average amount of compensation 
provided to members of the uniformed services 
receiving such compensation.
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† HR 2647 EAS 
(D) The average amount of time required 
for a member of the uniformed services to receive 
such compensation after the member becomes eli-
gible for the compensation. 
(E) A summary of the types of injuries, dis-
orders, and diseases of members of the uniformed 
services receiving such compensation that made 
such members eligible for such compensation. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 7 of such title is amended by add-
ing at the end the following new item: 
‘‘439. Special compensation: members of the uniformed services with serious inju-
ries or illnesses requiring assistance in everyday living.’’. 
SEC. 618. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL 
PAY FOR MEMBERS OF THE ARMED FORCES 
SUBJECT TO CONTINUING ACTIVE DUTY OR 
SERVICE UNDER STOP-LOSS AUTHORITIES. 
(a) SPECIAL PAY AUTHORIZED.—The Secretary of the 
military department concerned may pay monthly special 
pay to any member of the Armed Forces described in sub-
section (b) for any month or portion of a month in which 
the member serves on active duty in the Armed Forces or 
active status in a reserve component of the Armed Forces, 
including time served performing pre-deployment and re- 
integration duty regardless of whether or not such duty was 
performed by such a member on active duty in the Armed
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† HR 2647 EAS 
Forces, or has the member’s eligibility for retirement from 
the Armed Forces suspended, as described in that sub-
section. 
(b) COVERED MEMBERS.—A member of the Armed 
Forces described in this subsection is any member of the 
Army, Navy, Air Force, or Marine Corps (including a 
member of a reserve component thereof) who, at any time 
during the period beginning on October 1, 2009, and ending 
on June 30, 2011, serves on active duty in the Armed Forces 
or active status in a reserve component of the Armed Forces, 
including time served performing pre-deployment and re- 
integration duty regardless of whether or not such duty was 
performed by such a member on active duty in the Armed 
Forces, while the member’s enlistment or period of obligated 
service is extended, or has the member’s eligibility for retire-
ment suspended, pursuant to section 123 or 12305 of title 
10, United States Code, or any other provision of law (com-
monly referred to as a ‘‘stop-loss authority’’) authorizing 
the President to extend an enlistment or period of obligated 
service, or suspend eligibility for retirement, of a member 
of the uniformed services in time of war or of national 
emergency declared by Congress or the President. 
(c) AMOUNT.—The amount of monthly special pay 
payable to a member under this section for a month may 
not exceed $500.
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† HR 2647 EAS 
(d) CONSTRUCTION WITH OTHER PAYS.—Monthly 
special pay payable to a member under this section is in 
addition to any other amounts payable to the member by 
law. 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR DESIGNATED INDIVIDUALS OF WOUND-
ED, ILL, OR INJURED MEMBERS OF THE UNI-
FORMED SERVICES FOR DURATION OF INPA-
TIENT TREATMENT. 
(a) AUTHORITY TO PROVIDE TRAVEL TO DESIGNATED 
INDIVIDUALS.—Subsection (a) of section 411h of title 37, 
United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘family members of a mem-
ber described in paragraph (2)’’ and inserting 
‘‘individuals who, with respect to a member de-
scribed in paragraph (2), are designated individ-
uals for that member’’; 
(B) by striking ‘‘that the presence of the 
family member’’ and inserting ‘‘, with respect to 
any such individual, that the presence of such 
individual’’; and
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† HR 2647 EAS 
(C) by striking ‘‘of family members’’ and 
inserting ‘‘of designated individuals’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4) In the case of a designated individual who is also 
a member of the uniformed services, that member may be 
provided travel and transportation under this section in the 
same manner as a designated individual who is not a mem-
ber.’’. 
(b) DEFINITION OF DESIGNATED INDIVIDUAL.— 
(1) IN GENERAL.—Paragraph (1) of subsection 
(b) of such section is amended by striking ‘‘the term’’ 
and all that follows and inserting ‘‘the term ‘des-
ignated individual’, with respect to a member, 
means— 
‘‘(A) an individual designated by the member for 
the purposes of this section; or 
‘‘(B) in the case of a member who has not made 
a designation under subparagraph (A) and, as deter-
mined by the attending physician or surgeon, is not 
able to make such a designation, an individual who, 
as designated by the attending physician or surgeon 
and the commander or head of the military medical 
facility exercising control over the member, is someone 
with a personal relationship to the member whose
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† HR 2647 EAS 
presence may aid and support the health and welfare 
of the member during the duration of the member’s 
inpatient treatment.’’. 
(2) DESIGNATIONS
NOT
PERMANENT.—Para-
graph (2) of such subsection is amended to read as 
follows: 
‘‘(2) The designation of an individual as a designated 
individual for purposes of this section may be changed at 
any time.’’. 
(c) COVERAGE OF MEMBERS HOSPITALIZED OUTSIDE 
THE UNITED STATES WHO WERE WOUNDED OR INJURED 
IN A COMBAT OPERATION OR COMBAT ZONE.— 
(1) COVERAGE FOR HOSPITALIZATION OUTSIDE 
THE UNITED STATES.—Subparagraph (B) of section 
(a)(2) of such section is amended— 
(A) in clause (i), by striking ‘‘in or outside 
the United States’’; and 
(B) in clause (ii), by striking ‘‘in the 
United States’’. 
(2) CLARIFICATION
OF
MEMBERS
COVERED.— 
Such subparagraph is further amended— 
(A) in clause (i), by inserting ‘‘seriously 
wounded,’’ after ‘‘(i) is’’; and 
(B) in clause (ii)—
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(i) by striking ‘‘an injury’’ and insert-
ing ‘‘a wound or an injury’’; and 
(ii) by striking ‘‘that injury’’ and in-
serting ‘‘that wound or injury’’. 
(d) COVERAGE OF MEMBERS WITH SERIOUS MENTAL 
DISORDERS.— 
(1) IN
GENERAL.—Subsection (a)(2)(B)(i) of 
such section, as amended by subsection (c) of this sec-
tion, is further amended by inserting ‘‘(including 
having a serious mental disorder)’’ after ‘‘seriously 
injured’’. 
(2) SERIOUS
MENTAL
DISORDER
DEFINED.— 
Subsection (b) of such section 411h, as amended by 
subsection (b) of this section, is further amended by 
adding at the end the following new paragraph: 
‘‘(4)(A) In this section, the term ‘serious mental dis-
order’, in the case of a member, means that the member 
has been diagnosed with a mental disorder that requires 
intensive mental health treatment or hospitalization. 
‘‘(B) The circumstances in which a member shall be 
considered to have a serious mental disorder for purposes 
of this section shall include, but not be limited to, the fol-
lowing: 
‘‘(i) The member is considered to be a potential 
danger to self or others as a result of a diagnosed
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mental disorder that requires intensive mental health 
treatment or hospitalization. 
‘‘(ii) The member is diagnosed with a mental 
disorder and has psychotic symptoms that require in-
tensive mental health treatment or hospitalization. 
‘‘(iii) The member is diagnosed with a mental 
disorder and has severe symptoms or severe impair-
ment in functioning that require intensive mental 
health treatment or hospitalization.’’. 
(e) FREQUENCY
OF AUTHORIZED TRAVEL.—Para-
graph (3) of subsection (a) of such section 411h is amended 
to read as follows: 
‘‘(3) Not more than a total of three roundtrips may 
be provided under paragraph (1) in any 60-day period at 
Government expense to the individuals who, with respect 
to a member, are the designated individuals of that member 
in effect during that period. However, if the Secretary con-
cerned has granted a waiver under the second sentence of 
paragraph (1) with respect to a member, then for any 60- 
day period in which the waiver is in effect the limitation 
in the preceding sentence shall be adjusted accordingly. In 
addition, during any period during which there is in effect 
a non-medical attendant designation for a member under 
section 411h–1 of this title, not more than a total of two 
roundtrips may be provided under paragraph (1) in any
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60-day period at Government expense until there no longer 
is a designation of a non-medical attendant or that designa-
tion transfers to another individual, in which case during 
the transfer period three roundtrip tickets may be pro-
vided.’’. 
(f) STYLISTIC AND CONFORMING AMENDMENTS.—Such 
section is further amended— 
(1) in subsection (a), by striking ‘‘(a)(1)’’ and 
inserting ‘‘(a) TRAVEL
AND TRANSPORTATION AU-
THORIZED.—(1)’’; 
(2) in subsection (b)— 
(A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b) 
DEFINITIONS.—(1)’’; and 
(B) in paragraph (3)— 
(i) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(B) In this paragraph, the term ‘family member’, 
with respect to a member, means the following: 
‘‘(i) The member’s spouse. 
‘‘(ii) Children of the member (including step-
children, adopted children, and illegitimate children). 
‘‘(iii) Parents of the member or persons in loco 
parentis to the member, including fathers and moth-
ers through adoption and persons who stood in loco
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parentis to the member for a period not less than one 
year immediately before the member entered the uni-
formed service, except that only one father and one 
mother or their counterparts in loco parentis may be 
recognized in any one case. 
‘‘(iv) Siblings of the member. 
‘‘(v) A person related to the member as described 
in clause (i), (ii), (iii), or (iv) who is also a member 
of the uniformed services.’’; 
(3) in subsection (c)— 
(A) by striking ‘‘(c)(1)’’ and inserting ‘‘(c) 
ROUND TRIP TRANSPORTATION AND PER DIEM 
ALLOWANCE.—(1)’’; and 
(B) in paragraph (1), by striking ‘‘family 
member’’ and inserting ‘‘designated individual’’; 
and 
(4) in subsection (d), by striking ‘‘(d)(1)’’ and 
inserting ‘‘(d) METHOD
OF TRANSPORTATION AU-
THORIZED.—(1)’’. 
(g) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows:
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‘‘§ 411h. Travel and transportation allowances: trans-
portation of designated individuals inci-
dent to hospitalization of members for 
treatment of wounds, illness, or injury’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 7 of such title is amended to read as fol-
lows: 
‘‘411h. Travel and transportation allowances: transportation of designated indi-
viduals incident to hospitalization of members for treatment of 
wounds, illness, or injury.’’. 
(h) CONFORMING AMENDMENT TO WOUNDED WARRIOR 
ACT.—Section 1602(4) of the Wounded Warrior Act (10 
U.S.C. 1071 note) is amended by striking ‘‘411h(b)(1)’’ and 
inserting ‘‘411h(b)(3)(B)’’. 
(i) APPLICABILITY OF AMENDMENTS.—No reimburse-
ment may be provided under section 411h of title 37, United 
States Code, by reason of the amendments made by this sec-
tion for travel and transportation costs incurred before the 
date of the enactment of this Act. 
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR NON-MEDICAL ATTENDANTS OF SERI-
OUSLY WOUNDED, ILL, OR INJURED MEM-
BERS OF THE UNIFORMED SERVICES. 
(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.—
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(1) IN GENERAL.—Chapter 7 of title 37, United 
States Code, is mended by inserting after section 411h 
the following new section: 
‘‘§ 411h–1. Travel and transportation allowances: 
transportation of non-medical attendants 
for members who are seriously wounded, 
ill, or injured 
‘‘(a) IN GENERAL.—Under uniform regulations pre-
scribed by the Secretaries concerned, travel and transpor-
tation described in subsection (d) may be provided for a 
qualified non-medical attendant for a member of the uni-
formed services described in subsection (c) if the attending 
physician or surgeon and the commander or head of the 
military medical facility exercising control over the member 
jointly determine that the presence of such an attendant 
may contribute to the member’s health and welfare. 
‘‘(b) QUALIFIED
NON-MEDICAL
ATTENDANT.—For 
purposes of this section, a qualified non-medical attendant 
with respect to a member described in subsection (c) is an 
individual who— 
‘‘(1) the member designates for purposes of this 
section to be a non-medical attendant for the member; 
or 
‘‘(2) the attending physician or surgeon and the 
commander or head of the military medical facility
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exercising control over the member jointly determine 
is an appropriate non-medical attendant for the 
member whose presence may contribute to the mem-
ber’s health and welfare. 
‘‘(c) COVERED MEMBERS.—A member of the uni-
formed services described in this subsection is a member 
who— 
‘‘(1) is serving on active duty, is entitled to pay 
and allowances under section 204(g) of this title (or 
would be so entitled if not for offsetting earned income 
described in that subsection), or is retired for the 
wound, illness, or injury for which the member is cat-
egorized as described in paragraph (2); 
‘‘(2) has been determined by the attending physi-
cian or surgeon to be in the category known as ‘very 
seriously wounded, ill, or injured’ or in the category 
known as ‘seriously wounded, ill, and injured’; and 
‘‘(3) either— 
‘‘(A) is hospitalized for treatment of the 
wound, illness, or injury for which the member 
is so categorized; or 
‘‘(B) requires continuing outpatient treat-
ment for such wound, illness, or injury. 
‘‘(d) TRAVEL
AND
TRANSPORTATION.—(1)(A) The 
transportation authorized by subsection (a) for a qualified
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non-medical attendant for a member is round-trip trans-
portation between the home of the attendant and the loca-
tion at which the member is receiving treatment, including 
transportation, while accompanying the member, to any 
other location to which the member is subsequently trans-
ferred for further treatment. 
‘‘(B) In addition to the transportation authorized by 
subsection (a), the Secretary concerned may provide a per 
diem allowance or reimbursement, or a combination thereof, 
for the actual and necessary expenses of travel as described 
in subparagraph (A), but at rates not to exceed the rates 
for travel established under section 404(d) of this title. 
‘‘(2) The transportation authorized by subsection (a) 
includes transportation, while accompanying the member, 
necessary to obtain treatment for the member at the location 
to which the member is permanently assigned. 
‘‘(3) The transportation authorized by subsection (a) 
may be provided by any means as follows: 
‘‘(A) Transportation in-kind. 
‘‘(B) A monetary allowance in place of transpor-
tation in-kind. 
‘‘(C) Reimbursement for the cost of commercial 
transportation. 
‘‘(4) An allowance payable under this subsection may 
be paid in advance.
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‘‘(5) Reimbursement payable under this subsection for 
air travel may not exceed the cost of Government-procured 
commercial round-trip air travel. 
‘‘(e) COORDINATION WITH TRANSPORTATION AND AL-
LOWANCES FOR DESIGNATED INDIVIDUALS.—An individual 
may not receive travel and transportation allowances under 
section 411h of this title and this section simultaneously.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of such title is 
amended by inserting after the item related to section 
411h the following new item: 
‘‘411h–1. Travel and transportation allowances: transportation of non-medical at-
tendants for members who are seriously wounded, ill, or in-
jured.’’. 
(b) APPLICABILITY.—No reimbursement may be pro-
vided under section 411h–1 of title 37, United States Code 
(as added by subsection (a)), for any costs of travel or trans-
portation incurred before the date of the enactment of this 
Act. 
SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR MEMBERS OF THE RESERVE COMPO-
NENTS OF THE ARMED FORCES ON LEAVE 
FOR SUSPENSION OF TRAINING. 
(a) ALLOWANCES AUTHORIZED.— 
(1) IN GENERAL.—Chapter 7 of title 37, United 
States Code, is amended by inserting after section 
411j the following new section:
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‘‘§ 411k. Travel and transportation allowances: travel 
performed by certain members of the re-
serve components of the armed forces in 
connection with leave for suspension of 
training 
‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary con-
cerned may reimburse or provide transportation to a mem-
ber of a reserve component of the armed forces on active 
duty for a period of more than 30 days who is performing 
duty at a temporary duty station for travel between the 
member’s temporary duty station and the member’s perma-
nent duty station in connection with authorized leave pur-
suant to a suspension of training. 
‘‘(b) MINIMUM DISTANCE BETWEEN STATIONS.—A 
member may be paid for or provided transportation under 
subsection (a) only as follows: 
‘‘(1) In the case of a member who travels between 
a temporary duty station and permanent duty sta-
tion by air transportation, if the distance between 
such stations is not less than 300 miles. 
‘‘(2) In the case of a member who travels between 
a temporary duty station and permanent duty sta-
tion by ground transportation, if the distance between 
such stations is more than the normal commuting dis-
tance from the permanent duty station (as determined 
under the regulations prescribed under subsection (e)).
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‘‘(c) MINIMUM PERIOD OF SUSPENSION OF TRAIN-
ING.—A member may be paid for or provided transpor-
tation under subsection (a) only in connection with a sus-
pension of training covered by that subsection that is five 
days or more in duration. 
‘‘(d) LIMITATION ON REIMBURSEMENT.—The amount 
a member may be paid under subsection (a) for travel may 
not exceed the amount that would be paid by the govern-
ment (as determined under the regulations prescribed under 
subsection (e)) for the least expensive means of travel be-
tween the duty stations concerned. 
‘‘(e) REGULATIONS.—The Secretary concerned shall 
prescribe regulations to carry out this section. Regulations 
prescribed by the Secretary of a military department shall 
be subject to the approval of the Secretary of Defense.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of such title is 
amended by inserting after the item relating to sec-
tion 411j the following new item: 
‘‘411k. Travel and transportation allowances: travel performed by certain members 
of the reserve components of the armed forces in connection with 
leave for suspension of training.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act, and shall apply with respect to travel that oc-
curs on or after that date.
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SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEM-
BERS OF THE ARMED FORCES ON ACTIVE 
DUTY AND THEIR DEPENDENTS FOR TRAVEL 
FOR SPECIALTY CARE UNDER EXCEPTIONAL 
CIRCUMSTANCES. 
(a) REIMBURSEMENT AUTHORIZED.—Section 1074i of 
title 10, United States Code, is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) REIMBURSEMENT FOR TRAVEL UNDER EXCEP-
TIONAL CIRCUMSTANCES.—The Secretary of Defense may 
provide reimbursement for reasonable travel expenses of 
travel of members of the armed forces on active duty and 
their dependents, and accompaniment, to a specialty care 
provider not otherwise authorized by subsection (a) under 
such exceptional circumstances as the Secretary considers 
appropriate for purposes of this section.’’. 
(b) TECHNICAL AMENDMENT.—Subsection (a) of such 
section is amended by inserting ‘‘of Defense’’ after ‘‘the Sec-
retary’’.
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SEC. 635. TRAVEL AND TRANSPORTATION FOR SURVIVORS 
OF DECEASED MEMBERS OF THE UNIFORMED 
SERVICES 
TO 
ATTEND 
MEMORIAL 
CERE-
MONIES. 
(a) ALLOWANCES AUTHORIZED.—Subsection (a) of 
section 411f of title 37, United States Code, is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The Secretary concerned may provide round trip 
travel and transportation allowances to eligible relatives of 
a member of the uniformed services who dies while on active 
duty in order that the eligible relatives may attend a memo-
rial service for the deceased member that occurs at a loca-
tion other than the location of the burial ceremony for which 
travel and transportation allowances are provided under 
paragraph (1). Travel and transportation allowances may 
be provided under this paragraph for travel of eligible rel-
atives to only one memorial service for the deceased member 
concerned.’’. 
(b) CONFORMING AMENDMENTS.—Subsection (c) of 
such section is amended— 
(1) by striking ‘‘subsection (a)(1)’’ the first place 
it appears and inserting ‘‘paragraphs (1) and (2) of 
subsection (a)’’; and
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(2) by striking ‘‘subsection (a)(1)’’ the second 
place it appears and inserting ‘‘paragraph (1) or (2) 
of subsection (a)’’. 
Subtitle D—Other Matters 
SEC. 651. AUTHORITY TO CONTINUE PROVISION OF INCEN-
TIVES AFTER TERMINATION OF TEMPORARY 
ARMY AUTHORITY TO PROVIDE ADDITIONAL 
RECRUITMENT INCENTIVES. 
Subsection (i) of section 681 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 119 Stat. 3321) is amended to read as follows: 
‘‘(i) TERMINATION OF AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary may not de-
velop an incentive under this section, or first provide 
an incentive developed under this section to an indi-
vidual, after December 31, 2009. 
‘‘(2) CONTINUATION OF INCENTIVES.—Nothing in 
paragraph (1) shall be construed to prohibit or limit 
the continuing provision to an individual after the 
date specified in that paragraph of an incentive first 
provided the individual under this section before that 
date.’’.
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SEC. 652. REPEAL OF REQUIREMENT OF REDUCTION OF 
SBP SURVIVOR ANNUITIES BY DEPENDENCY 
AND INDEMNITY COMPENSATION. 
(a) REPEAL.— 
(1) IN GENERAL.—Subchapter II of chapter 73 of 
title 10, United States Code, is amended as follows: 
(A) In section 1450, by striking subsection 
(c). 
(B) In section 1451(c)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraphs (3) 
and (4) as paragraphs (2) and (3), respec-
tively. 
(2) 
CONFORMING
AMENDMENTS.—Such 
sub-
chapter is further amended as follows: 
(A) In section 1450— 
(i) by striking subsection (e); 
(ii) by striking subsection (k); and 
(iii) by striking subsection (m). 
(B) In section 1451(g)(1), by striking sub-
paragraph (C). 
(C) In section 1452— 
(i) in subsection (f)(2), by striking 
‘‘does not apply—’’ and all that follows and 
inserting ‘‘does not apply in the case of a
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deduction made through administrative 
error.’’; and 
(ii) by striking subsection (g). 
(D) In section 1455(c), by striking ‘‘, 
1450(k)(2),’’. 
(b) PROHIBITION ON RETROACTIVE BENEFITS.—No 
benefits may be paid to any person for any period before 
the effective date provided under subsection (f) by reason 
of the amendments made by subsection (a). 
(c) PROHIBITION
ON
RECOUPMENT
OF
CERTAIN 
AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPIENTS.— 
A surviving spouse who is or has been in receipt of an an-
nuity under the Survivor Benefit Plan under subchapter 
II of chapter 73 of title 10, United States Code, that is in 
effect before the effective date provided under subsection (f) 
and that is adjusted by reason of the amendments made 
by subsection (a) and who has received a refund of retired 
pay under section 1450(e) of title 10, United States Code, 
shall not be required to repay such refund to the United 
States. 
(d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY 
FOR DEPENDENT CHILDREN.—Section 1448(d) of such title 
is amended— 
(1) in paragraph (1), by striking ‘‘Except as 
provided in paragraph (2)(B), the Secretary con-
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cerned’’ and inserting ‘‘The Secretary concerned’’; 
and 
(2) in paragraph (2)— 
(A) by striking ‘‘DEPENDENT CHILDREN.— 
’’ and all that follows through ‘‘In the case of a 
member described in paragraph (1),’’ and insert-
ing ‘‘DEPENDENT CHILDREN ANNUITY WHEN NO 
ELIGIBLE SURVIVING SPOUSE.—In the case of a 
member described in paragraph (1),’’; and 
(B) by striking subparagraph (B). 
(e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY 
ELIGIBLE SPOUSES.—The Secretary of the military depart-
ment concerned shall restore annuity eligibility to any eli-
gible surviving spouse who, in consultation with the Sec-
retary, previously elected to transfer payment of such annu-
ity to a surviving child or children under the provisions 
of section 1448(d)(2)(B) of title 10, United States Code, as 
in effect on the day before the effective date provided under 
subsection (f). Such eligibility shall be restored whether or 
not payment to such child or children subsequently was ter-
minated due to loss of dependent status or death. For the 
purposes of this subsection, an eligible spouse includes a 
spouse who was previously eligible for payment of such an-
nuity and is not remarried, or remarried after having at-
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tained age 55, or whose second or subsequent marriage has 
been terminated by death, divorce or annulment. 
(f) EFFECTIVE DATE.—The sections and the amend-
ments made by this section shall take effect on the later of— 
(1) the first day of the first month that begins 
after the date of the enactment of this Act; or 
(2) the first day of the fiscal year that begins in 
the calendar year in which this Act is enacted. 
SEC. 653. SENSE OF CONGRESS ON AIRFARES FOR MEM-
BERS OF THE ARMED FORCES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Armed Forces is comprised of over 
1,450,000 active-duty members from every State and 
territory of the United States who are assigned to 
thousands of installations, stations, and ships world-
wide and who oftentimes must travel long distances 
by air at their own expense to enjoy the benefits of 
leave and liberty. 
(2) The United States is indebted to the members 
of the all volunteer Armed Forces and their families 
who protect our Nation, often experiencing long sepa-
rations due to the demands of military service and in 
life threatening circumstances. 
(3) Military service often precludes long range 
planning for leave and liberty to provide opportuni-
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ties for reunions and recreation with loved ones and 
requires changes in planning due to military neces-
sity which results in last minute changes in plan-
ning. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) all United States commercial carriers should 
seek to lend their support with flexible, generous poli-
cies applicable to members of the Armed Forces who 
are traveling on leave or liberty at their own expense; 
and 
(2) each United States air carrier, for all mem-
bers of the Armed Forces who have been granted leave 
or liberty and who are traveling by air at their own 
expense, should— 
(A) seek to provide reduced air fares that 
are comparable to the lowest airfare for ticketed 
flights and that eliminate to the maximum ex-
tent possible advance purchase requirements; 
(B) seek to eliminate change fees or charges 
and any penalties for military personnel; 
(C) seek to eliminate or reduce baggage and 
excess weight fees; 
(D) offer flexible terms that allow members 
of the Armed Forces on active duty to purchase,
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modify, or cancel tickets without time restric-
tions, and to waive fees (including baggage fees), 
ancillary costs, or penalties; and 
(E) seek to take proactive measures to en-
sure that all airline employees, particularly 
those who issue tickets and respond to members 
of the Armed Forces and their family members 
are trained in the policies of the airline aimed 
at benefitting members of the Armed Forces who 
are on leave. 
SEC. 654. CONTINUATION ON ACTIVE DUTY OF RESERVE 
COMPONENT MEMBERS DURING PHYSICAL 
DISABILITY EVALUATION FOLLOWING MOBI-
LIZATION AND DEPLOYMENT. 
Section 1218 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(d)(1) The Secretary of a military department shall 
ensure that each member of a reserve component under the 
jurisdiction of the Secretary who is determined, after a mo-
bilization and deployment to an area in which imminent 
danger pay is authorized under section 310 of title 37, to 
require evaluation for a physical or mental disability which 
could result in separation or retirement for disability under 
this chapter or placement on the temporary disability re-
tired list or inactive status list under this chapter is re-
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tained on active duty during the disability evaluation proc-
ess until such time as such member is— 
‘‘(A) cleared by appropriate authorities for con-
tinuation on active duty; or 
‘‘(B) separated, retired, or placed on the tem-
porary disability retired list or inactive status list. 
‘‘(2)(A) A member described in paragraph (1) may re-
quest termination of active duty under such paragraph at 
any time during the demobilization or disability evaluation 
process of such member. 
‘‘(B) Upon a request under subparagraph (A), a mem-
ber described in paragraph (1) shall only be released from 
active duty after the member receives counseling about the 
consequences of termination of active duty. 
‘‘(C) Each release from active duty under subpara-
graph (B) shall be thoroughly documented. 
‘‘(3) The requirements in paragraph (1) shall expire 
on the date that is five years after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 
2010.’’. 
SEC. 655. USE OF LOCAL RESIDENCES FOR COMMUNITY- 
BASED CARE FOR CERTAIN RESERVE COMPO-
NENT MEMBERS. 
Section 1222 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
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‘‘(d) USE OF LOCAL RESIDENCES FOR CERTAIN RE-
SERVE COMPONENT MEMBERS.—(1)(A) A member of a re-
serve component described by subparagraph (B) may be as-
signed to the community-based warrior transition unit lo-
cated nearest to the member’s permanent place of residence 
if residing at that location is— 
‘‘(i) medically feasible, as determined by a li-
censed military health care provider; and 
‘‘(ii) consistent with— 
‘‘(I) the needs of the armed forces; and 
‘‘(II) the optimal course of medical treat-
ment of the member. 
‘‘(B) A member of a reserve component described by 
this subparagraph is any member remaining on active duty 
under section 1218(d) of this title during the period the 
member is on active duty under such subsection. 
‘‘(2) Nothing in this subsection shall be construed as 
terminating, altering, or otherwise affecting the authority 
of the commander of a member described in paragraph 
(1)(B) to order the member to perform duties consistent 
with the member’s fitness for duty. 
‘‘(3) The Secretary concerned shall pay any reasonable 
expenses of transportation, lodging, and meals incurred by 
a member residing at the member’s permanent place of resi-
dence under this subsection in connection with travel from
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the member’s permanent place of residence to a medical fa-
cility during the period in which the member is covered 
by this subsection.’’. 
SEC. 656. ASSISTANCE WITH TRANSITIONAL BENEFITS. 
(a) IN GENERAL.—Chapter 61 of title 10, United 
States Code, is amended by inserting after section 1218 the 
following new section: 
‘‘§ 1218a. Discharge or release from active duty: tran-
sition assistance 
‘‘The Secretary of a military department shall provide 
to a member of a reserve component under the jurisdiction 
of the Secretary who is injured while on active duty in the 
armed forces the following before such member is demobi-
lized or separated from the armed forces: 
‘‘(1) Information on the availability of care and 
administrative processing through community based 
warrior transition units. 
‘‘(2) The location of the community based war-
rior transition unit located nearest to the member’s 
permanent place of residence. 
‘‘(3) An opportunity to consult with a member 
of the applicable judge advocate general’s corps, or 
other qualified legal assistance attorney, regarding the 
member’s eligibility for compensation, disability, or 
other transitional benefits.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 61 of such title is amended by in-
serting after the item relating to section 1218 the following 
new item: 
‘‘1218a. Discharge or release from active duty: transition assistance.’’. 
SEC. 657. REPORT ON RECRUITMENT AND RETENTION OF 
MEMBERS OF THE AIR FORCE IN NUCLEAR 
CAREER FIELDS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Air Force shall submit to the congressional defense 
committees a report on the efforts of the Air Force to attract 
and retain qualified individuals for service as members of 
the Air Force involved in the operation, maintenance, han-
dling, and security of nuclear weapons. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description of current reenlistment rates, 
set forth by Air Force Specialty Code, of members of 
the Air Force serving in positions involving the oper-
ation, maintenance, handling, and security of nuclear 
weapons. 
(2) A description of the current personnel fill 
rate for Air Force units involved in the operation, 
maintenance, handling, and security of nuclear weap-
ons.
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(3) An description of the steps the Air Force has 
taken, including the use of retention bonuses or as-
signment incentive pay, to improve recruiting and re-
tention of officers and enlisted personnel by the Air 
Force for the positions described in paragraph (1). 
(4) An assessment of the feasibility, advisability, 
utility, and cost effectiveness of establishing addi-
tional bonuses or incentive pay as a way to enhance 
the recruitment and retention by the Air Force of 
skilled personnel in the positions described in para-
graph (1). 
(5) An assessment of whether assignment incen-
tive pay should be provided for members of the Air 
Force covered by the Personnel Reliability Program. 
(6) An assessment of the long-term community 
management plan for recruitment and retention by 
the Air Force of skilled personnel in the positions de-
scribed in paragraph (1). 
(7) Such other matters as the Secretary considers 
appropriate. 
SEC. 658. SENSE OF CONGRESS ON ESTABLISHMENT OF 
FLEXIBLE SPENDING ARRANGEMENTS FOR 
THE UNIFORMED SERVICES. 
(a) IN GENERAL.—It is the sense of Congress that, the 
Secretary of Defense, with respect to members of the Army,
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SEC. 659. TREATMENT AS ACTIVE SERVICE FOR RETIRED 
PAY PURPOSES OF SERVICE AS MEMBER OF 
ALASKA 
TERRITORIAL 
GUARD 
DURING 
WORLD WAR II. 
(a) IN GENERAL.—Service as a member of the Alaska 
Territorial Guard during World War II of any individual 
who was honorably discharged therefrom under section 8147 
of the Department of Defense Appropriations Act, 2001 
(Public Law 106–259; 114 Stat. 705) shall be treated as 
active service for purposes of the computation under chapter 
61, 71, 371, 571, 871, or 1223 of title 10, United States 
Code, as applicable, of the retired pay to which such indi-
vidual may be entitled under title 10, United States Code. 
(b) APPLICABILITY.—Subsection (a) shall apply with 
respect to amounts of retired pay payable under title 10, 
United States Code, for months beginning on or after the 
date of the enactment of this Act. No retired pay shall be 
paid to any individual by reason of subsection (a) for any 
period before that date. 
(c) WORLD WAR II DEFINED.—In this section, the 
term ‘‘World War II’’ has the meaning given that term in 
section 101(8) of title 38, United States Code.
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SEC. 660. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 
2001, IN DETERMINATION OF REDUCED ELIGI-
BILITY AGE FOR RECEIPT OF NON-REGULAR 
SERVICE RETIRED PAY. 
Section 12731(f)(2)(A) of title 10, United States Code, 
is amended— 
(1) by striking ‘‘the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 
2008’’ and inserting ‘‘September 11, 2001’’; and 
(2) by striking ‘‘in any fiscal year after such 
date’’ and inserting ‘‘in any fiscal year after fiscal 
year 2001’’. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—TRICARE Program 
SEC. 701. TRICARE STANDARD COVERAGE FOR CERTAIN 
MEMBERS OF THE RETIRED RESERVE, AND 
FAMILY MEMBERS, WHO ARE QUALIFIED FOR 
A NON-REGULAR RETIREMENT BUT ARE NOT 
YET AGE 60. 
(a) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1076d 
the following new section:
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‘‘§ 1076e. TRICARE program: TRICARE Standard cov-
erage for certain members of the Retired 
Reserve who are qualified for a non-reg-
ular retirement but are not yet age 60 
‘‘(a) ELIGIBILITY.—(1) Except as provided in para-
graph (2), a member of the Retired Reserve of a reserve com-
ponent of the Armed Forces who is qualified for a non-reg-
ular retirement at age 60 under chapter 1223, but is not 
age 60, is eligible for health benefits under TRICARE 
Standard as provided in this section. 
‘‘(2) Paragraph (1) does not apply to a member who 
is enrolled, or is eligible to enroll, in a health benefits plan 
under chapter 89 of title 5. 
‘‘(b) TERMINATION OF ELIGIBILITY UPON OBTAINING 
OTHER TRICARE COVERAGE.—Eligibility for TRICARE 
Standard coverage of a member under this section shall ter-
minate upon the member becoming eligible for TRICARE 
coverage at age 60 under section 1086 of this title. 
‘‘(c) FAMILY MEMBERS.—While a member of a reserve 
component is covered by TRICARE Standard under the sec-
tion, the members of the immediate family of such member 
are eligible for TRICARE Standard coverage as dependents 
of the member. If a member of a reserve component dies 
while in a period of coverage under this section, the eligi-
bility of the members of the immediate family of such mem-
ber for TRICARE Standard coverage under this section
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shall continue for the same period of time that would be 
provided under section 1086 of this title if the member had 
been eligible at the time of death for TRICARE Standard 
coverage under such section (instead of under this section). 
‘‘(d) PREMIUMS.—(1) A member of a reserve compo-
nent covered by TRICARE Standard under this section 
shall pay a premium for that coverage. 
‘‘(2) The Secretary of Defense shall prescribe for the 
purposes of this section one premium for TRICARE Stand-
ard coverage of members without dependents and one pre-
mium for TRICARE Standard coverage of members with 
dependents referred to in subsection (f)(1). The premium 
prescribed for a coverage shall apply uniformly to all cov-
ered members of the reserve components covered under this 
section. 
‘‘(3)(A) The monthly amount of the premium in effect 
for a month for TRICARE Standard coverage under this 
section shall be the amount equal to the cost of coverage 
that the Secretary determines on an appropriate actuarial 
basis. 
‘‘(B) The appropriate actuarial basis for purposes of 
subparagraph (A) shall be determined in the manner speci-
fied in section 1076d(d)(3)(B) of this title with respect to 
the cost of coverage applicable under subparagraph (A).
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‘‘(4) The Secretary shall prescribe the requirements 
and procedures applicable to the payment of premiums 
under this subsection. 
‘‘(5) Amounts collected as premiums under this sub-
section shall be credited to the appropriation available for 
the Defense Health Program Account under section 1100 
of this title, shall be merged with sums in such Account 
that are available for the fiscal year in which collected, and 
shall be available under subsection (b) of such section for 
such fiscal year. 
‘‘(e) REGULATIONS.—The Secretary of Defense, in con-
sultation with the other administering Secretaries, shall 
prescribe regulations for the administration of this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘immediate family’, with respect 
to a member of a reserve component, means all of the 
member’s dependents described in subparagraphs (A), 
(D), and (I) of section 1072(2) of this title. 
‘‘(2) The term ‘TRICARE Standard’ means— 
‘‘(A) medical care to which a dependent de-
scribed in section 1076(a)(2) of this title is enti-
tled; and 
‘‘(B) health benefits contracted for under the 
authority of section 1079(a) of this title and sub-
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ject to the same rates and conditions as apply to 
persons covered under that section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 55 of such title is amended by in-
serting after the item relating to section 1076d the following 
new item: 
‘‘1076e. TRICARE program: TRICARE Standard coverage for certain members 
of the Retired Reserve who are qualified for a non-regular retire-
ment but are not yet age 60.’’. 
(c) EFFECTIVE DATE.—Section 1076e of title 10, 
United States Code, as inserted by subsection (a), shall 
apply to coverage for months beginning on or after October 
1, 2009, or such earlier date as the Secretary of Defense 
may specify. 
SEC. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS 
UNDER THE TRICARE DENTAL PROGRAM. 
Section 1076a(k)(3) of title 10, United States Code, is 
amended by inserting before the period at the end the fol-
lowing: ‘‘, except that, in the case of a dependent described 
by subparagraph (D) or (I) of section 1072(2) of this title, 
the period of continuing eligibility shall be the longer of 
the following periods beginning on such date: 
‘‘(A) Three years. 
‘‘(B) The period ending on the date on which the 
dependent attains 21 years of age. 
‘‘(C) In the case of a dependent who, at 21 years 
of age, is enrolled in a full-time course of study at an
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institution of higher learning approved by the admin-
istering Secretary and is, or was, at the time of the 
member’s death, in fact dependent on the member for 
over one-half of the dependent’s support, the period 
ending on the earlier of the following dates: 
‘‘(i) The date on which the dependent ceases 
to pursue such a course of study, as determined 
by the administering Secretary. 
‘‘(ii) The date on which the dependent at-
tains 23 years of age’’. 
SEC. 703. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENE-
FITS OF CERTAIN PERSONS OTHERWISE IN-
ELIGIBLE UNDER RETROACTIVE DETERMINA-
TION OF ENTITLEMENT TO MEDICARE PART A 
HOSPITAL INSURANCE BENEFITS. 
Section 1086(d) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4)(A) If a person referred to in subsection (c) and 
described by paragraph (2)(B) is subject to a retroactive 
determination by the Social Security Administration of en-
titlement to hospital insurance benefits described in para-
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graph (1), the person shall, during the period described in 
subparagraph (B), be deemed for purposes of health benefits 
under this section— 
‘‘(i) not to have been covered by paragraph (1); 
and 
‘‘(ii) not to have been subject to the requirements 
of section 1079(j)(1) of this title, whether through the 
operation of such section or subsection (g) of this sec-
tion. 
‘‘(B) The period described in this subparagraph with 
respect to a person covered by subparagraph (A) is the pe-
riod that— 
‘‘(i) begins on the date that eligibility of the per-
son for hospital insurance benefits referred to in 
paragraph (1) is effective under the retroactive deter-
mination of eligibility with respect to the person as 
described in subparagraph (A); and 
‘‘(ii) ends on the date of the issuance of such ret-
roactive determination of eligibility by the Social Se-
curity Administration.’’. 
SEC. 704. REFORM AND IMPROVEMENT OF THE TRICARE 
PROGRAM. 
(a) IN GENERAL.—Commencing not later than 30 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall, in consultation with the other ad-
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ministering Secretaries, undertake actions to reform and 
improve the TRICARE program. 
(b) ELEMENTS.—In undertaking actions to reform and 
improve the TRICARE program under subsection (a), the 
Secretary shall consider actions as follows: 
(1) Actions to guarantee the availability of care 
without delay for eligible beneficiaries. 
(2) Actions to expand and enhance sharing of 
health care resources among Federal health care pro-
grams, including designated providers (as that term 
is defined in section 721(5) of the National Defense 
Authorization Act for Fiscal Year 1997 (10 U.S.C. 
1073 note)). 
(3) Actions utilizing medical technology to speed 
and simplify referrals for specialty care. 
(4) Actions, including a comprehensive plan, for 
the enhanced availability of prevention and wellness 
care. 
(5) Actions to expand and enhance options for 
mental health care. 
(6) Actions utilizing technology to improve direct 
communication with beneficiaries regarding health 
and preventive care. 
(7) Actions regarding additional financing op-
tions for health care provided by civilian providers.
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(8) Actions to improve regional or national staff-
ing capabilities in order to enhance support provided 
to military medical treatment facilities facing staff 
shortages. 
(9) Actions to reduce administrative costs. 
(10) Actions to control the cost of health care 
and pharmaceuticals. 
(11) Actions to ensure consistency throughout the 
TRICARE program, including actions to hold com-
manders of military medical treatment facilities and 
civilian providers accountable for compliance with ac-
cess standards. 
(12) Actions to create performance metrics by 
which to measure improvement in the TRICARE pro-
gram. 
(13) Such other actions as the Secretary, in con-
sultation with the other administering Secretaries, 
considers appropriate. 
(c) CONSULTATION.—In considering actions to be un-
dertaken under this section, and in undertaking such ac-
tions, the Secretary shall consult with a broad range of na-
tional health care and military advocacy organizations. 
(d) REPORTS.— 
(1) IN
GENERAL.—The Secretary shall, on a 
periodic basis, submit to the congressional defense
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committees a report on the progress being made in the 
reform and improvement of the TRICARE program 
under this section. 
(2) ELEMENTS.—Each report under this sub-
section shall include the following: 
(A) A description and assessment of the 
progress made as of the date of such report in the 
reform and improvement of the TRICARE pro-
gram. 
(B) Such recommendations for administra-
tive or legislative action as the Secretary con-
siders appropriate to expedite and enhance the 
reform and improvement of the TRICARE pro-
gram. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘administering Secretaries’’ has the 
meaning given that term in section 1072(3) of title 
10, United States Code. 
(2) The term ‘‘TRICARE program’’ has the 
meaning given that term in section 1072(7) of title 
10, United States Code.
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SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES 
REPORT ON IMPLEMENTATION OF REQUIRE-
MENTS ON THE RELATIONSHIP BETWEEN 
THE TRICARE PROGRAM AND EMPLOYER- 
SPONSORED GROUP HEALTH PLANS. 
(a) REPORT REQUIRED.—Not later than March 31, 
2010, the Comptroller General of the United States shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the implemen-
tation of the requirements of section 1097c of title 10, 
United States Code, relating to the relationship between the 
TRICARE program and employer-sponsored group health 
plans. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description of the extent to which the De-
partment of Defense has established measures to assess 
the effectiveness of section 1097c of title 10, United 
States Code, in reducing health care costs to the De-
partment for military retirees and their families, and 
an assessment of the effectiveness of any measures so 
established. 
(2) An assessment of the extent to which the im-
plementation of such section 1097c has resulted in the 
migration of military retirees from coverage under the 
TRICARE Standard option of the TRICARE pro-
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gram to coverage under the TRICARE Prime option 
of the TRICARE program. 
(3) A description of the exceptions adopted under 
subsection (a)(2) of such section 1097c to the require-
ments under such section 1097c, and an assessment of 
the effect of the exercise of any exceptions adopted on 
the administration of such section 1097c. 
(4) An assessment of the extent to which the De-
partment collects and assembles data on the treatment 
of employees eligible for participation in the 
TRICARE program in comparison with similar em-
ployees who are not eligible for participation in that 
program. 
(5) A description of the outreach conducted by 
the Department to inform individuals eligible for par-
ticipation in the TRICARE program and employers 
of their respective rights and responsibilities under 
such section 1097c, and an assessment of the effective-
ness of any outreach so conducted. 
(6) Such other matters with respect to the ad-
ministration and effectiveness of the authorities in 
such section 1097c as the Comptroller General con-
siders appropriate.
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SEC. 706. SENSE OF THE SENATE ON HEALTH CARE BENE-
FITS AND COSTS FOR MEMBERS OF THE 
ARMED FORCES AND THEIR FAMILIES. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) Career members of the Armed Forces and 
their families endure unique and extraordinary de-
mands, and make extraordinary sacrifices, over the 
course of 20-year to 30-year careers in protecting free-
dom for all Americans. 
(2) The nature and extent of these demands and 
sacrifices are never so evident as in wartime, not only 
during the current combat operations, but also during 
the wars of the last 60 years when current retired 
members of the Armed Forces were on continuous call 
to go in harm’s way when and as needed. 
(3) A primary benefit of enduring the extraor-
dinary sacrifices inherent in a military career is a 
range of retirement benefits, including lifetime health 
benefits, that a grateful Nation provides for those who 
choose to subordinate their personal life to the na-
tional interest for so many years. 
(4) Currently serving and retired members of the 
uniformed services and their families and survivors 
deserve benefits equal to their commitment and service 
to our Nation.
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(5) Many employers are curtailing health bene-
fits and shifting costs to their employees, which may 
result in retired members of the Armed Forces return-
ing to the Department of Defense, and its TRICARE 
program, for health care benefits during retirement, 
and contribute to health care cost growth. 
(6) Defense health costs also expand as a result 
of service-unique military readiness requirements, 
wartime requirements, and other necessary require-
ments that represent the ‘‘cost of business’’ for the De-
partment of Defense. 
(7) While the Department of Defense has made 
some efforts to contain increases in the cost of the 
TRICARE program, too many of those efforts have 
been devoted to shifting a larger share of the costs of 
benefits under that program to retired members of the 
Armed Forces who have earned health care benefits in 
return for a career of military service. 
(8) In some cases health care providers refuse to 
accept TRICARE patients because that program pays 
less than other public and private payors and imposes 
unique administrative requirements. 
(9) The Department of Defense records deposits 
to the Department of Defense Military Retiree Health 
Care Fund as discretionary costs to the Department
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in spite of legislation enacted in 2006 that requires 
such deposits to be made directly from the Treasury 
of the United States. 
(10) As a result, annual payments for the future 
costs of servicemember health care continue to compete 
with other readiness needs of the Armed Forces. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) the Department of Defense and the Nation 
have an obligation to provide health care benefits to 
retired members of the Armed Forces that equals the 
quality of their selfless service to our country; 
(2) past proposals by the Department of Defense 
to impose substantial fee increases on military bene-
ficiaries have failed to acknowledge properly the find-
ings addressed in subsection (a); and 
(3) the Department of Defense has many addi-
tional options to constrain the growth of health care 
spending in ways that do not disadvantage retired 
members of the Armed Forces who participate or seek 
to participate in the TRICARE program, and should 
pursue any and all such options rather than seeking 
large increases for enrollment fees, deductibles, and 
copayments for such retirees, and their families or 
survivors, who do participate in that program.
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SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS RE-
GARDING OPTIONS FOR ENROLLMENT UNDER 
MEDICARE PART B. 
Chapter 55 of title 10, United States Code, is amended 
by adding at the end the following new section: 
‘‘SEC. 1111. NOTIFICATION OF CERTAIN INDIVIDUALS RE-
GARDING OPTIONS FOR ENROLLMENT UNDER 
MEDICARE PART B. 
‘‘(a) IN GENERAL.—The Secretary of Defense shall es-
tablish procedures for identifying individuals described in 
subsection (b). The Secretary of Defense shall immediately 
notify individuals identified under the preceding sentence 
that they are no longer eligible for health care benefits under 
the TRICARE program under chapter 55 of title 10, United 
States Code, and of any options available for enrollment 
of the individual under part B of title XVIII of the Social 
Security Act (42 U.S.C. 1395j et seq.). The Secretary of De-
fense shall consult with the Secretary of Health and Human 
Services to accurately identify and notify individuals de-
scribed in subsection (b) under this subsection. 
‘‘(b) INDIVIDUALS DESCRIBED.—An individual de-
scribed in this subsection is an individual who is a covered 
beneficiary (as defined in section 1072(5) of title 10, United 
States Code) at the time the individual is entitled to part 
A of title XVIII of the Social Security Act under section 
226(b) or section 226A of such Act (42 U.S.C. 426(b) and
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† HR 2647 EAS 
426–1) and who is eligible to enroll but who has elected 
not to enroll (or to be deemed enrolled) during the individ-
ual’s initial enrollment period under part B of such title.’’. 
Subtitle B—Other Health Care 
Benefits 
SEC. 711. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 
OF THE ARMED FORCES DEPLOYED IN CON-
NECTION WITH A CONTINGENCY OPERATION. 
(a) MENTAL HEALTH ASSESSMENTS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall issue guidance for the provision of a 
person-to-person mental health assessment for each 
member of the Armed Forces who is deployed in con-
nection with a contingency operation as follows: 
(A) At a time during the period beginning 
60 days before the date of deployment in connec-
tion with the contingency operation. 
(B) At a time during the period beginning 
90 days after the date of redeployment from the 
contingency operation and ending 180 days after 
the date of redeployment from the contingency 
operation.
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(C) Subject to subsection (d), not later than 
each of 6 months, 12 months, and 24 months 
after return from deployment. 
(2) EXCLUSION OF CERTAIN MEMBERS.—A men-
tal health assessment is not required for a member of 
the Armed Forces under subparagraphs (B) and (C) 
of paragraph (1) if the Secretary determines that the 
member was not subjected or exposed to operational 
risk factors during deployment in the contingency op-
eration concerned. 
(b) PURPOSE.—The purpose of the mental health as-
sessments provided pursuant to this section shall be to iden-
tify Post Traumatic Stress Disorder (PTSD), suicidal ten-
dencies, and other behavioral health issues identified among 
members of the Armed Forces described in subsection (a) 
in order to determine which such members are in need of 
additional care and treatment for such health issues. 
(c) ELEMENTS.— 
(1) IN GENERAL.—The mental health assessments 
provided pursuant to this section shall— 
(A) be performed by personnel trained and 
certified to perform such assessments and may be 
performed by licensed mental health professionals 
if such professionals are available and the use of 
such professionals for the assessments would not
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this subsection. Any such protocol shall be consistent 
with the following: 
(A) Applicable provisions of the Wounded 
Warrior Act (title XVI of Public Law 110–181; 
10 U.S.C. 1071 note), including in particular, 
section 1614 of that Act (122 Stat. 443; 10 
U.S.C. 1071 note). 
(B) Section 1720F of title 38, United States 
Code. 
(f) CONTINGENCY OPERATION DEFINED.—In this sec-
tion, the term ‘‘contingency operation’’ has the meaning 
given that term in section 101(a)(13) of title 10, United 
States Code. 
(g) REPORTS.— 
(1) REPORT ON GUIDANCE.—Upon the issuance 
of the guidance required by subsection (a), the Sec-
retary of Defense shall submit to Congress a report 
describing the guidance. 
(2) REPORTS
ON
IMPLEMENTATION
OF
GUID-
ANCE.— 
(A) INITIAL REPORT.—Not later than 270 
days after the date of the issuance of the guid-
ance, the Secretary shall submit to Congress an 
initial report on the implementation of the guid-
ance by the military departments.
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† HR 2647 EAS 
(B) SUBSEQUENT REPORT.—Not later than 
two years after the date of the issuance of the 
guidance, the Secretary shall submit to Congress 
a report on the implementation of the guidance 
by the military departments. The report shall in-
clude an evidence based assessment of the effec-
tiveness of the mental health assessments pro-
vided pursuant to the guidance in achieving the 
purpose specified in subsection (b) for such as-
sessments. 
SEC. 712. ENHANCEMENT OF TRANSITIONAL DENTAL CARE 
FOR MEMBERS OF THE RESERVE COMPO-
NENTS ON ACTIVE DUTY FOR MORE THAN 30 
DAYS IN SUPPORT OF A CONTINGENCY OPER-
ATION. 
Section 1145(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘paragraph (3)’’ and inserting 
‘‘paragraph (4)’’; and 
(B) in subparagraph (A), by inserting ‘‘ex-
cept as provided in paragraph (3),’’ before ‘‘med-
ical and dental care’’;
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(2) by redesignating paragraphs (3), (4), (5), 
and (6) as paragraphs (4), (5), (6), and (7), respec-
tively; 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) In the case of a member described in paragraph 
(2)(B), the dental care to which the member is entitled 
under this subsection shall be the dental care to which a 
member of the uniformed services on active duty for more 
than 30 days is entitled under section 1074 of this title.’’; 
and 
(4) in subparagraph (A) of paragraph (6), as re-
designated by paragraph (2) of this section, by strik-
ing ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’. 
SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL 
FOR REIMBURSEMENT OF COVERED BENE-
FICIARIES OF THE MILITARY HEALTH CARE 
SYSTEM 
FOR 
TRAVEL 
FOR 
SPECIALTY 
HEALTH CARE. 
(a) REDUCTION.—Section 1074i(a) of title 10, United 
States Code, is amended by striking ‘‘100 miles’’ and insert-
ing ‘‘50 miles’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date that is 90 days after 
the date of the enactment of this Act, and shall apply with
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respect to referrals for specialty health care made on or after 
such effective date. 
(c) OFFSET.—The amount authorized to be appro-
priated by section 301(a)(5) for operation and maintenance 
for Defense-wide activities is hereby decreased by 
$14,000,000, with the amount of the decrease to be derived 
from unobligated balances. 
SEC. 714. REPORT ON POST-DEPLOYMENT HEALTH ASSESS-
MENTS OF GUARD AND RESERVE MEMBERS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2010, the Secretary of Defense shall submit to the congres-
sional defense committees a report on post-deployment 
health assessments of Guard and Reserve members. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following: 
(1) An assessment of the feasibility of admin-
istering 
a 
Post-Deployment 
Health 
Assessment 
(PDHA) to each member of a reserve component of 
the Armed Forces returning to the member’s home sta-
tion from deployment in connection with a contin-
gency operation at such home station or in the county 
of residence of the member within the following time-
frames: 
(A) In the case of a member of the Indi-
vidual Ready Reserve, an assessment adminis-
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tered by not later than the member’s release from 
active duty following such deployment or 10 
days after the member’s return to such station or 
county, whichever occurs earlier. 
(B) In the case of any other member of a 
reserve component of the Armed Forces returning 
from deployment, by not later than the member’s 
release from active duty following such deploy-
ment. 
(2) An assessment of the feasibility of requiring 
that Post-Deployment Health Assessments described 
under paragraph (1) be performed by a practitioner 
trained and certified as qualified to participate in the 
performance of Post-Deployment Health Assessments 
or Post-Deployment Health Reassessments. 
(3) A description of— 
(A) the availability of personnel described 
under paragraph (2) to perform assessments de-
scribed under this subsection at the home sta-
tions or counties of residence of members of the 
reserve components of the Armed Forces; and 
(B) if such personnel are not available at 
such locations, the additional resources necessary 
to ensure such availability within one year after 
the date of the enactment of this Act.
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Subtitle C—Health Care 
Administration 
SEC. 721. COMPREHENSIVE POLICY ON PAIN MANAGEMENT 
BY THE MILITARY HEALTH CARE SYSTEM. 
(a) COMPREHENSIVE POLICY REQUIRED.—Not later 
than October 1, 2010, the Secretary of Defense shall develop 
and implement a comprehensive policy on pain manage-
ment by the military health care system. 
(b) SCOPE OF POLICY.—The policy required by sub-
section (a) shall cover each of the following: 
(1) The management of acute and chronic pain. 
(2) The standard of care for pain management 
to be used throughout the Department. 
(3) The consistent application of pain assess-
ments throughout the Department. 
(4) The assurance of prompt and appropriate 
pain care treatment and management by the Depart-
ment when medically necessary. 
(5) Programs of research related to acute and 
chronic pain, including pain attributable to central 
and peripheral nervous system damage characteristic 
of injuries incurred in modern warfare, brain inju-
ries, and chronic migraine headache. 
(6) Programs of pain care education and train-
ing for health care personnel of the Department.
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(7) Programs of patient education for members 
suffering from acute or chronic pain and their fami-
lies. 
(c) UPDATES.—The Secretary shall revise the policy 
required by subsection (a) on a periodic basis in accordance 
with experience and evolving best practice guidelines. 
(d) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the commencement of the implementation 
of the policy required by subsection (a), and on Octo-
ber 1 each year thereafter through 2018, the Secretary 
shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of 
the House of Representatives a report on the policy. 
(2) ELEMENTS.—Each report required by para-
graph (1) shall include the following: 
(A) A description of the policy implemented 
under subsection (a), and any revisions to such 
policy under subsection (c). 
(B) A description of the performance meas-
ures used to determine the effectiveness of the pol-
icy in improving pain care for beneficiaries en-
rolled in the military health care system. 
(C) An assessment of the adequacy of De-
partment pain management services based on a
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current survey of patients managed in Depart-
ment clinics. 
(D) An assessment of the research projects of 
the Department relevant to the treatment of the 
types of acute and chronic pain suffered by 
members of the Armed Forces and their families. 
(E) An assessment of the training provided 
to Department health care personnel with respect 
to the diagnosis, treatment, and management of 
acute and chronic pain. 
(F) An assessment of the pain care edu-
cation programs of the Department. 
(G) An assessment of the dissemination of 
information on pain management to bene-
ficiaries enrolled in the military health care sys-
tem. 
SEC. 722. PLAN TO INCREASE THE BEHAVIORAL HEALTH 
CAPABILITIES OF THE DEPARTMENT OF DE-
FENSE. 
(a) PLAN REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall 
develop and implement a plan to significantly in-
crease the number of military and civilian behavioral 
health personnel of the Department of Defense by Sep-
tember 30, 2013.
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(2) ELEMENTS.—The plan required by para-
graph (1) may include the following: 
(A) The allocation of scholarships and fi-
nancial assistance under the Health Professions 
Scholarship and Financial Assistance Program 
under subchapter I of chapter 105 of title 10, 
United States Code, to students pursuing ad-
vanced degrees in clinical psychology and other 
behavioral health professions. 
(B) The offering of accession and retention 
bonuses for psychologists as authorized by section 
620 of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4489). 
(C) An expansion of the capacity for train-
ing doctoral-level clinical psychologists at the 
Uniformed Services University of the Health 
Sciences. 
(D) An expansion of the capacity of the De-
partment of Defense for training masters-level 
clinical psychologists and social workers with ex-
pertise in deployment-related mental health dis-
orders, such as post traumatic stress disorder. 
(E) The detail of commissioned officers of 
the Armed Forces to accredited schools of psy-
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chology for training leading to a doctoral degree 
in clinical psychology or social work. 
(F) The reassignment of military behavioral 
health providers from administrative positions to 
clinical positions in support of military units. 
(G) The offering of civilian hiring incen-
tives and bonuses and the utilization of direct 
hiring authority to increase the number of behav-
ioral health personnel of the Department of De-
fense. 
(H) Such other mechanisms to increase the 
number of behavioral health personnel of the De-
partment of Defense as the Secretary considers 
appropriate. 
(3) REPORT.—Not later than January 31, 2010, 
the Secretary shall submit to the congressional defense 
committees a report on the plan required by para-
graph (1). The report shall include a comprehensive 
description of the plan and the actions the Secretary 
proposes to undertake in the implementation of the 
plan. 
(b) REPORT ON ADDITIONAL OFFICER OR ENLISTED 
MILITARY SPECIALTIES FOR BEHAVIORAL HEALTH COUN-
SELORS.—
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† HR 2647 EAS 
(1) REPORT.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary shall 
submit to the congressional defense committees a re-
port setting forth the assessment of the Secretary of 
the feasability and advisability of establishing one or 
more military specialities for officers or enlisted 
members of the Armed Forces as counselors with be-
havioral health expertise in order to better meet the 
mental health care needs of members of the Armed 
Forces and their families. 
(2) ELEMENTS.—The report required by para-
graph (1) shall set forth the following: 
(A) A recommendation as to the feasability 
and advisability of establishing one or more 
military specialities for officers or enlisted mem-
bers of the Armed Forces as counselors with be-
havioral health expertise. 
(B) For each military specialty rec-
ommended to be established under subparagraph 
(A)— 
(i) a description of the qualifications 
required for such speciality, which quali-
fications shall reflect lessons learned from 
best practices in academia and the civilian
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health care industry regarding positions 
analogous to such specialty; and 
(ii) a description of the incentives or 
other mechanisms, if any, that would be ad-
visable to facilitate recruitment and reten-
tion of individuals to and in such specialty. 
SEC. 723. DEPARTMENT OF DEFENSE STUDY ON MANAGE-
MENT OF MEDICATIONS FOR PHYSICALLY 
AND PSYCHOLOGICALLY WOUNDED MEMBERS 
OF THE ARMED FORCES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall 
conduct a study on the management of medications for 
physically and psychologically wounded members of the 
Armed Forces. 
(b) ELEMENTS.—The study required under subsection 
(a) shall include the following: 
(1) A review and assessment of current practices 
within the Department of Defense for the management 
of medications for physically and psychologically 
wounded members of the Armed Forces. 
(2) A review and analysis of the published lit-
erature on factors contributing to the risk of 
misadministration of medications, including acci-
dental and intentional overdoses, under and over
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medication, and adverse interactions among medica-
tions. 
(3) An identification of the medical conditions, 
and of the patient management procedures of the De-
partment of Defense, that may increase the risks of 
misadministration of medications in populations of 
members of the Armed Forces. 
(4) An assessment of current and best practices 
in the Armed Forces, other departments and agencies 
of government, and the private sector concerning the 
prescription, distribution, and management of medi-
cations, and the associated coordination of care. 
(5) An identification of means for decreasing the 
risks of misadministration of medications and associ-
ated problems with respect to physically and psycho-
logically wounded members of the Armed Forces. 
(c) REPORT.—Not later than April 1, 2010, the Sec-
retary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report on the study required under subsection (a). The re-
port shall include such findings and recommendations as 
the Secretary considers appropriate in light of the study.
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† HR 2647 EAS 
SEC. 
724. 
PRESCRIPTION 
OF 
ANTIDEPRESSANTS 
FOR 
TROOPS SERVING IN IRAQ AND AFGHANI-
STAN. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than June 30, 2010, 
and annually thereafter until June 30, 2015, the Sec-
retary of Defense shall submit to Congress a report on 
the prescription of antidepressants and drugs to treat 
anxiety for troops serving in Iraq and Afghanistan. 
(2) CONTENT.—The report required under para-
graph (1) shall include— 
(A) the numbers and percentages of troops 
that have served or are serving in Iraq and Af-
ghanistan since January 1, 2005, who have been 
prescribed antidepressants or drugs to treat anx-
iety, including psychotropic drugs such as Selec-
tive Serotonin Reuptake Inhibitors (SSRIs); and 
(B) the policies and patient management 
practices of the Department of Defense with re-
spect to the prescription of such drugs. 
(b) NATIONAL
INSTITUTE
OF
MENTAL
HEALTH 
STUDY.— 
(1) STUDY.—The National Institute of Mental 
Health shall conduct a study on the potential rela-
tionship between the increased number of suicides and 
attempted suicides by members of the Armed Forces
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and the increased number of antidepressants, drugs to 
treat anxiety, other psychotropics, and other behavior 
modifying prescription medications being prescribed, 
including any combination or interactions of such 
prescriptions. The Department of Defense shall imme-
diately make available to the National Institute of 
Mental Health all data necessary to complete the 
study. 
(2) REPORT ON FINDINGS.—Not later than two 
years after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress a report 
on the findings of the study conducted pursuant to 
paragraph (1). 
Subtitle D—Wounded Warrior 
Matters 
SEC. 731. PILOT PROGRAM FOR THE PROVISION OF COG-
NITIVE REHABILITATIVE THERAPY SERVICES 
UNDER THE TRICARE PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
may, in consultation with the entities and officials referred 
to in subsection (d), carry out a pilot program under the 
TRICARE program to determine the feasibility and advis-
ability of expanding the availability of cognitive rehabilita-
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tive therapy services for members or former members of the 
Armed Forces described in subsection (b). 
(b) COVERED MEMBERS AND FORMER MEMBERS.—A 
member or former member of the Armed Forces is described 
in this subsection if— 
(1) the member or former member— 
(A) is otherwise eligible for medical care 
under the TRICARE program; 
(B) has been diagnosed with a moderate to 
severe traumatic brain injury incurred in the 
line of duty in Operation Iraqi Freedom or Op-
eration Enduring Freedom; 
(C) is retired or separated from the Armed 
Forces for disability under chapter 61 of title 10, 
United States Code; and 
(D) is referred by a qualified physician for 
cognitive rehabilitative therapy; and 
(2) cognitive rehabilitative therapy is not rea-
sonably available to the member or former member 
through the Department of Veterans Affairs. 
(c) ELEMENTS OF PILOT PROGRAM.—The Secretary of 
Defense shall, in consultation with the entities and officials 
referred to in subsection (d), develop for inclusion in the 
pilot program the following:
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† HR 2647 EAS 
(1) Procedures for access to cognitive rehabilita-
tive therapy services. 
(2) Qualifications and supervisory requirements 
for licensed and certified health care professionals 
providing such services. 
(3) A methodology for reimbursing providers for 
such services. 
(d) ENTITIES AND OFFICIALS TO BE CONSULTED.— 
The entities and officials referred to in this subsection are 
the following: 
(1) The Secretary of Veterans Affairs. 
(2) The Defense Centers of Excellence for Psycho-
logical Health and Traumatic Brain Injury. 
(3) Relevant national organizations with experi-
ence in treating traumatic brain injury. 
(e) REPORT.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report— 
(1) evaluating the effectiveness of the pilot pro-
gram in providing increased access to safe, effective, 
and quality cognitive rehabilitative therapy services 
for members and former members of the Armed Forces 
described in subsection (b); and
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† HR 2647 EAS 
(2) making recommendations with respect to the 
effectiveness of cognitive rehabilitative therapy serv-
ices and the appropriateness of including such serv-
ices as a benefit under the TRICARE program. 
(f) 
TRICARE 
PROGRAM
DEFINED.—The 
term 
‘‘TRICARE program’’ has the meaning given that term in 
section 1072(7) of title 10, United States Code. 
(g) FUNDING.—Of the amount authorized to be appro-
priated by section 1403 for the Defense Health Program, 
not more than $5,000,000 may be available to carry out 
the pilot program under this section. 
SEC. 732. DEPARTMENT OF DEFENSE TASK FORCE ON THE 
CARE, MANAGEMENT, AND TRANSITION OF 
RECOVERING WOUNDED, ILL, AND INJURED 
MEMBERS OF THE ARMED FORCES. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall 
establish within the Department of Defense a task 
force to be known as the ‘‘Department of Defense Task 
Force on the Care, Management, and Transition of 
Recovering Wounded, Ill, and Injured Members of the 
Armed Forces’’ (in this section referred to as the 
‘‘Task Force’’). 
(2) PURPOSE.—The purpose of the Task Force 
shall be to assess the effectiveness of the policies and
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† HR 2647 EAS 
programs developed and implemented by the Depart-
ment of Defense, and by each of the military depart-
ments, to assist and support the care, management, 
and transition of recovering wounded, ill, and injured 
members of the Armed Forces, and to make rec-
ommendations for the further improvement of such 
policies and programs. 
(b) COMPOSITION.— 
(1) MEMBERS.—The Task Force shall consist of 
not more than 14 members, appointed by the Sec-
retary of Defense from among the individuals as de-
scribed in paragraph (2). 
(2) COVERED
INDIVIDUALS.—The individuals 
appointed to the Task Force shall include the fol-
lowing: 
(A) At least one member of each of the reg-
ular components of the Army, the Navy, the Air 
Force, and the Marine Corps. 
(B) One member of the National Guard. 
(C) One member of a reserve component of 
the Armed Forces other than National Guard. 
(D) A number of persons from outside the 
Department of Defense equal to the total number 
of personnel from within the Department of De-
fense (whether members of the Armed Forces or
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† HR 2647 EAS 
civilian personnel) who are appointed to the 
Task Force. 
(E) Persons who have experience in— 
(i) medical care and coordination for 
wounded, ill, and injured members of the 
Armed Forces; 
(ii) medical case management; 
(iii) non-medical case management; 
(iv) the disability evaluation process 
for members of the Armed Forces; 
(v) veterans benefits; 
(vi) treatment of traumatic brain in-
jury and post traumatic stress disorder; 
(vii) family support; 
(viii) medical research; 
(ix) vocational rehabilitation; or 
(x) disability benefits. 
(F) At least one family member of a wound-
ed, ill, or injured member of the Armed Forces 
or veteran who has experience working with 
wounded, ill, and injured members of the Armed 
Forces or their families. 
(3) INDIVIDUALS APPOINTED FROM WITHIN DE-
PARTMENT OF DEFENSE.—At least one of the individ-
uals appointed to the Task Force from within the De-
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† HR 2647 EAS 
partment of Defense shall be the surgeon general of an 
Armed Force. 
(4) INDIVIDUALS APPOINTED FROM OUTSIDE DE-
PARTMENT OF DEFENSE.—The individuals appointed 
to the Task Force from outside the Department of De-
fense— 
(A) with the concurrence of the Secretary of 
Veterans Affairs, shall include an officer or em-
ployee of the Department of Veterans Affairs; 
and 
(B) may include individuals from other de-
partments or agencies of the Federal Govern-
ment, from State and local agencies, or from the 
private sector. 
(5) DEADLINE FOR APPOINTMENTS.—All original 
appointments to the Task Force shall be made not 
later than 120 days after the date of the enactment 
of this Act. 
(6) CO-CHAIRS.—There shall be two co-chairs of 
the Task Force. One of the co-chairs shall be des-
ignated by the Secretary of Defense at the time of ap-
pointment from among the individuals appointed to 
the Task Force from within the Department of De-
fense. The other co-chair shall be selected from among
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† HR 2647 EAS 
the individuals appointed from outside the Depart-
ment of Defense by those individuals. 
(c) REPORT REQUIRED.— 
(1) IN
GENERAL.—Not later than 12 months 
after the date on which all members of the Task Force 
have been appointed, the Task Force shall submit to 
the Secretary of Defense a report. The report shall in-
clude the following: 
(A) The findings and conclusions of the 
Task Force as a result of its assessment of the ef-
fectiveness of the policies and programs developed 
and implemented by the Department of Defense, 
and by each of the military departments, to as-
sist and support the care, management, and 
transition of recovering wounded, ill, and in-
jured members of the Armed Forces. 
(B) A description of various ways in which 
the Department of Defense and the military de-
partments could more effectively address matters 
relating to the care, management, and transition 
of recovering wounded, ill, and injured members 
of the Armed Forces, including members of the 
regular components, and members of the reserve 
components, and support for their families.
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† HR 2647 EAS 
(C) Such recommendations for other legisla-
tive or administrative action as the Task Force 
considers appropriate for measures to improve 
the policies and programs described in subpara-
graph (A). 
(2) METHODOLOGY.—For purposes of the report, 
the Task Force— 
(A) shall conduct site visits and interviews 
as the Task Force considers appropriate; 
(B) may consider the findings and rec-
ommendations of previous reviews and evalua-
tions of the care, management, and transition of 
recovering wounded, ill, and injured members of 
the Armed Forces; and 
(C) may utilize such other means for di-
rectly obtaining information relating to the care, 
management, 
and 
transition 
of 
recovering 
wounded, ill, and injured members of the Armed 
Forces as the Task Force considers appropriate. 
(3) MATTERS
TO
BE
REVIEWED
AND
AS-
SESSED.—For purposes of the report, the Task Force 
shall review and assess the following: 
(A) Case management, including the num-
bers and types of case managers (including Fed-
eral Recovery Coordinators, Recovery Care Coor-
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† HR 2647 EAS 
dinators, National Guard or Reserve case man-
agers, and other case managers) assigned to re-
covering wounded, ill, and injured members of 
the Armed Forces, the training provided such 
case mangers, and the effectiveness of such case 
mangers in providing care and support to recov-
ering wounded, ill, and injured members of the 
Armed Forces. 
(B) The effectiveness of the Interagency Pro-
gram Office in achieving fully interoperable elec-
tronic health records by September 30, 2009, in 
accordance with section 1635 of the Wounded 
Warrior Act (10 U.S.C. 1071 note). 
(C) Staffing of Army Warrior Transition 
Units, Marine Corps Wounded Warrior Regi-
ments, Navy and Air Force Medical Hold or 
Medical Holdover Units, and other service-re-
lated programs or units for recovering wounded, 
ill, and injured members of the Armed Forces, 
including the use of applicable hiring authorities 
to ensure the proper staffing of such programs 
and units. 
(D) The legal support available to recov-
ering wounded, ill, and injured members of the 
Armed Forces and their families.
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(E) The support and assistance provided to 
recovering wounded, ill, and injured members of 
the Armed Forces as they progress through the 
military disability evaluation system. 
(F) The effectiveness of any measures under 
pilot programs to improve or enhance the mili-
tary disability evaluation system. 
(G) The effectiveness of the Senior Oversight 
Committee in facilitating and overseeing collabo-
ration between the Department of Defense and 
the Department of Veterans Affairs on matters 
relating to the care, management, and transition 
of recovering wounded, ill, and injured members 
of the Armed Forces. 
(H) The establishment and effectiveness of 
the Defense Centers of Excellence for Psycho-
logical Health and Traumatic Brain Injury, and 
the centers of excellence for military eye injuries, 
hearing loss and auditory system injuries, and 
traumatic extremity injuries and amputations. 
(I) The establishment and effectiveness of 
performance and accountability standards for 
warrior transition units and programs.
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(1) COMPENSATION.—Each member of the Task 
Force who is a member of the Armed Forces or a ci-
vilian officer or employee of the United States shall 
serve on the Task Force without compensation (other 
than compensation to which entitled as a member of 
the Armed Forces or an officer or employee of the 
United States, as the case may be). Other members of 
the Task Force shall be appointed in accordance with, 
and subject to, the provisions of section 3161 of title 
5, United States Code. 
(2) OVERSIGHT.—The Under Secretary of De-
fense for Personnel and Readiness shall oversee the 
Task Force. The Washington Headquarters Services of 
the Department of Defense shall provide the Task 
Force with personnel, facilities, and other administra-
tive support as necessary for the performance of the 
duties of the Task Force. 
(3) VISITS TO MILITARY FACILITIES.—Any visit 
by the Task Force to a military installation or facil-
ity shall be undertaken through the Deputy Under 
Secretary of Defense for Personnel and Readiness, in 
coordination with the Secretaries of the military de-
partments. 
(f) TERMINATION.—The Task Force shall terminate 90 
days after the date on which the Task Force submits to the
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† HR 2647 EAS 
Secretary of Defense the report of the Task Force under sub-
section (c). 
SEC. 733. REPORT ON USE OF ALTERNATIVE THERAPIES IN 
TREATMENT OF POST-TRAUMATIC STRESS 
DISORDER. 
(a) IN GENERAL.—Not later than December 31, 2010, 
the Secretary of Defense and the Secretary of Veterans Af-
fairs shall jointly submit to the appropriate committees of 
Congress a report on research related to post-traumatic 
stress disorder. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) The status of all studies and clinical trials 
that involve treatments of post-traumatic stress dis-
order conducted by the Department of Defense and the 
Department of Veterans Affairs. 
(2) The effectiveness of alternative therapies in 
the treatment of post-traumatic stress disorder, in-
cluding the therapeutic use of animals. 
(3) Identification of areas in which the Depart-
ment of Defense and the Department of Veterans Af-
fairs may be duplicating studies, programs, or re-
search with respect to post-traumatic stress disorder.
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† HR 2647 EAS 
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Committee on Vet-
erans’ Affairs of the Senate; and 
(2) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Committee on Vet-
erans’ Affairs of the House of Representatives. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 801. CONTRACT AUTHORITY FOR ADVANCED DEVELOP-
MENT OF PROTOTYPE UNITS. 
(a) CONTRACT AUTHORITY.— 
(1) IN
GENERAL.—Chapter 139 of title 10, 
United States Code, is amended by inserting after sec-
tion 2359b the following new section:
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† HR 2647 EAS 
‘‘§ 2359c. Contract authority for advanced develop-
ment of prototype units 
‘‘(a) AUTHORITY.—A contract initially awarded from 
the competitive selection of a proposal resulting from a 
broad agency announcement pursuant to section 2302(2)(B) 
of this title may contain a contract line item or an option, 
including not-to-exceed prices, for either of the following: 
‘‘(1) The delivery of a specified number of proto-
type items to demonstrate technology developed under 
the contract. 
‘‘(2) The provision, for a specified period of 
time, of advanced component development effort or ef-
fort to prototype technology developed under the con-
tract. 
‘‘(b) LIMITATIONS.—(1) The number of prototype 
items specified pursuant to subsection (a)(1) may not ex-
ceed the minimum number required to ensure that research 
and development work can continue without interruption 
during the solicitation and award of a follow-on competi-
tive contract. 
‘‘(2) The period of time specified under subsection 
(a)(2) may not exceed 12 months. 
‘‘(3) The dollar value of the work to be performed pur-
suant to a contract line item or option under subsection 
(a) may not exceed the lesser of the amounts as follows:
370 
† HR 2647 EAS 
‘‘(A) The amount that is three times the dollar 
value of the work previously performed under the con-
tract. 
‘‘(B) $20,000,000.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 139 of such title is 
amended by inserting after the item relating to sec-
tion 2359b the following new item: 
‘‘2359c. Contract authority for advanced development of prototype units.’’. 
(b) SUNSET.— 
(1) IN GENERAL.—Effective on the date that is 
five years after the date of the enactment of this Act— 
(A) section 2359c of title 10, United States 
Code (as added by subsection (a)), is repealed; 
and 
(B) the table of sections at the beginning of 
chapter 139 of such title (as amended by sub-
section (a)) is further amended by striking the 
item relating to section 2359c. 
(2) CONTINUATION
OF
LINE
ITEMS
AND
OP-
TIONS.—The repeal of section 2359c of title 10, 
United States Code (as so added), by paragraph (1) 
shall not affect the authority of the Department of De-
fense to exercise any contract line item or option in-
cluded in a contract under the authority of such sec-
371 
† HR 2647 EAS 
tion before the effective date of the repeal of such sec-
tion under paragraph (1). 
(c) REPORT.—Not later than three years after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the use of the authority provided by section 2359c of title 
10, United States Code (as added by subsection (a)). The 
report shall, at a minimum— 
(1) identify the number of times the authority in 
section 2359c of title 10, United States Code (as so 
added), has been used by each military department 
and Defense Agency, and the dollar amount of con-
tract line items or options exercised pursuant to such 
authority; 
(2) assess the effectiveness of the authority in 
promoting the maturation of technologies and in ad-
dressing potential gaps between science and tech-
nology projects and acquisition programs; 
(3) assess any potential anti-competitive impacts 
resulting from the use of the authority; and 
(4) make such recommendations as the Secretary 
considers appropriate.
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† HR 2647 EAS 
SEC. 802. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE 
CONTRACTS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall modify the Department of Defense Supplement to the 
Federal Acquisition Regulation to provide that the head of 
an agency may not award a sole-source contract for an 
amount exceeding $20,000,000 unless— 
(1) the contracting officer for the contract justi-
fies the use of a sole-source contract in writing; and 
(2) the justification is approved by an official 
designated in section 2304(f)(1)(B) of title 10, United 
States Code, to approve contract awards for dollar 
amounts that are comparable to the amount of the 
sole-source contract. 
(b) ELEMENTS OF JUSTIFICATION.—The justification 
of a sole-source contract required pursuant to subsection (a) 
shall include the following: 
(1) A description of the needs of the agency con-
cerned for the matters covered by the contract. 
(2) A specification of the statutory provision 
providing the exception from the requirement to use 
competitive procedures in entering into the contract. 
(3) A determination that the use of a sole-source 
contract is in the best interest of the Department of 
Defense.
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† HR 2647 EAS 
(4) A determination that the anticipated cost of 
the contract will be fair and reasonable. 
(5) Such other matters as the Secretary shall 
specify for purposes of this section. 
(c) CONSTRUCTION
WITH
COMPETITION
IN
CON-
TRACTING ACT REQUIREMENTS.—In the case of any con-
tract for which a justification and approval is required 
under section 2304(f) of title 10, United States Code, a jus-
tification and approval meeting the requirements of such 
section may be treated as meeting the requirements of this 
section for purposes of the award of a sole-source contract. 
Subtitle B—Acquisition Policy and 
Management 
SEC. 811. REPORTING REQUIREMENTS FOR PROGRAMS 
THAT QUALIFY AS BOTH MAJOR AUTOMATED 
INFORMATION 
SYSTEM 
PROGRAMS 
AND 
MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Section 2445d of title 10, United 
States Code, is amended by striking ‘‘of this title’’ and all 
that follows and inserting ‘‘of this title, the Secretary may 
designate the program to be treated only as a major auto-
mated information system program covered by this chapter 
or to be treated only as a major defense acquisition program 
covered by such chapter 144.’’.
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(b) GUIDANCE REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall issue guidance on the implementation of 
section 2445d of title 10, United States Code (as amended 
by subsection (a)). The guidance shall provide that, as a 
general rule— 
(1) a program covered by such section that re-
quires the development of customized hardware shall 
be treated only as a major defense acquisition pro-
gram under chapter 144 of title 10, United States 
Code; and 
(2) a program covered by such section that does 
not require the development of customized hardware 
shall be treated only as a major automated informa-
tion system program under chapter 144A of title 10, 
United States Code. 
SEC. 812. FUNDING OF DEPARTMENT OF DEFENSE ACQUISI-
TION WORKFORCE DEVELOPMENT FUND. 
(a) ADDITIONAL ELEMENT OF FUND.—Subsection (d) 
of section 1705 of title 10, United States Code, is amend-
ed— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); and
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(B) by inserting after subparagraph (A) the 
following new subparagraph (B): 
‘‘(B) Amounts transferred to the Fund pur-
suant to paragraph (3).’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) TRANSFER OF CERTAIN UNOBLIGATED BAL-
ANCES.—To the extent provided in appropriations 
Acts, the Secretary of Defense may, during the 24- 
month period following the expiration of availability 
for obligation of any appropriations made to the De-
partment of Defense for procurement, research, devel-
opment, test, and evaluation, or operation and main-
tenance, transfer to the Fund any unobligated balance 
of such appropriations. Any amount so transferred 
shall be credited to the Fund.’’. 
(b) NATURE
OF EXPENDED AMOUNTS PROVIDING 
BASIS FOR CREDIT TO FUND.—Subparagraph (A) of para-
graph (2) of such subsection is amended by striking ‘‘, other 
than’’ and all that follows and inserting ‘‘from amounts 
available for operation and maintenance.’’. 
(c) REMITTANCES.—Subparagraph (B) of paragraph 
(2) of such subsection is amended by inserting ‘‘, from 
amounts available to such military department or Defense
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Agency, as the case may be, for operation and mainte-
nance,’’ after ‘‘remit to the Secretary of Defense’’. 
(d) ADDITIONAL MATTERS RELATING
TO REMIT-
TANCES.—Such subsection is further amended— 
(1) in paragraph (2)(B), by striking ‘‘Not later 
than’’ and inserting ‘‘Subject to paragraph (4), not 
later than’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITA-
TIONS ON REMITTANCES.—(A) In the event amounts 
are transferred to the Fund during a fiscal year pur-
suant to paragraph (1)(B) or appropriated to the 
Fund for a fiscal year pursuant to paragraph (1)(C), 
the aggregate amount otherwise required to be remit-
ted to the Fund for that fiscal year pursuant to para-
graph (2)(B) shall be reduced by the amount equal to 
the amounts so transferred or appropriated to the 
Fund during or for that fiscal year. Any reduction in 
the aggregate amount required to be remitted to the 
Fund for a fiscal year under this subparagraph shall 
be allocated as provided in applicable provisions of 
appropriations Acts or, absent such provisions, on a 
pro rata basis among the military departments and
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Defense Agencies required to make remittances to the 
Fund for that fiscal year under paragraph (2)(B). 
‘‘(B) Any remittance of amounts to the Fund for 
a fiscal year under paragraph (2) shall be subject to 
the availability of appropriations for that purpose.’’. 
(e) REMITTANCE AMOUNTS.—Paragraph (2) of such 
subsection is further amended by striking subparagraphs 
(C) and (D) and inserting the following new subpara-
graphs: 
‘‘(C) For purposes of this paragraph, the appli-
cable percentage for a fiscal year is the percentage 
that results in the credit to the Fund in such fiscal 
year of an amount as follows: 
‘‘(i) For fiscal year 2010, $570,000,000. 
‘‘(ii) For fiscal year 2011, $770,000,000. 
‘‘(iii) For fiscal year 2012, $900,000,000. 
‘‘(iv) For fiscal year 2013, $1,180,000,000. 
‘‘(v) For fiscal year 2014, $1,330,000,000. 
‘‘(vi) For fiscal year 2015, $1,470,000,000. 
‘‘(D) The Secretary of Defense may reduce a per-
centage specified in subparagraph (C) for a fiscal 
year if the Secretary determines that the application 
of such percentage would result in the crediting to the 
Fund in such fiscal year of an amount greater than 
is reasonably needed for purposes of the Fund. The
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percentage for a fiscal year, as so reduced, may not 
be a percentage that will result in the credit to the 
Fund in such fiscal year of an amount that is less 
than 80 percent of the amount otherwise specified in 
subparagraph (C) for such fiscal year.’’. 
(f) CLARIFICATION OF LIMITATION ON PAY OF BASE 
SALARY OF CURRENT EMPLOYEES.—Subsection (e)(5) of 
such section is amended by striking ‘‘as of the date of the 
enactment of the National Defense Authorization Act for 
Fiscal Year 2008’’ and inserting ‘‘serving in a position in 
the acquisition workforce as of January 28, 2008’’. 
(g) TECHNICAL AMENDMENTS.— 
(1) Subsection (a) of such section is amended by 
inserting ‘‘Development’’ after ‘‘Workforce’’. 
(2) Subsection (f) of such section is amended in 
the matter preceding paragraph (1) by striking ‘‘be-
ginning with fiscal year 2008’’. 
(h) EFFECTIVE DATES.— 
(1) FUNDING
AMENDMENTS.—The amendments 
made by subsections (a) through (e) shall take effect 
on October 1, 2009. 
(2) TECHNICAL AMENDMENTS.—The amendments 
made by subsections (f) and (g) shall take effect on the 
date of the enactment of this Act.
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SEC. 813. ENHANCEMENT OF EXPEDITED HIRING AUTHOR-
ITY FOR DEFENSE ACQUISITION WORKFORCE 
POSITIONS. 
(a) IN GENERAL.—Paragraph (1) of section 1705(h) 
of title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘acquisi-
tion positions within the Department of Defense as 
shortage category position’’ and inserting ‘‘acquisi-
tion workforce positions as positions for which there 
exists a shortage of candidates or there is a critical 
hiring need’’; and 
(2) in subparagraph (B), by striking ‘‘highly 
qualified’’ and inserting ‘‘appropriately qualified’’. 
(b) EXTENSION.—Paragraph (2) of such section is 
amended by striking ‘‘September 30, 2012’’ and inserting 
‘‘September 30, 2015’’. 
(c) TECHNICAL AMENDMENT.—Paragraph (1) of such 
section is further amended by striking ‘‘United States 
Code,’’ in the matter preceding subparagraph (A).
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SEC. 814. TREATMENT OF NON-DEFENSE AGENCY PROCURE-
MENTS UNDER JOINT PROGRAMS WITH THE 
DEPARTMENT OF DEFENSE UNDER LIMITA-
TIONS ON NON-DEFENSE AGENCY PROCURE-
MENTS ON BEHALF OF THE DEPARTMENT OF 
DEFENSE. 
Section 801(b) of the National Defense Authorization 
Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amended 
by adding at the end the following new paragraph: 
‘‘(3) TREATMENT
OF
PROCUREMENTS
UNDER 
JOINT PROGRAMS.—For purposes of this subsection, a 
contract entered by a non-defense agency for the per-
formance of a joint program conducted to meet the 
needs of the Department of Defense and the non-de-
fense agency shall not be considered a procurement of 
property or services for the Department of Defense 
through a non-defense agency.’’. 
SEC. 815. COMPTROLLER GENERAL OF THE UNITED STATES 
REPORT ON TRAINING OF ACQUISITION AND 
AUDIT PERSONNEL OF THE DEPARTMENT OF 
DEFENSE. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the congres-
sional defense committees a report setting forth an assess-
ment of the efficacy of Department of Defense training for
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acquisition and audit personnel of the Department of De-
fense. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include, at a minimum, the following: 
(1) An assessment of the nature and efficacy of 
training (including training materials and methods) 
required for acquisition and audit personnel of the 
Department of Defense. 
(2) An assessment of the timeliness and manner 
in which the Department of Defense provides training 
for such personnel. 
(3) An assessment of the extent to which such 
training reaches appropriate acquisition personnel, 
including personnel outside the acquisition workforce 
who exercise significant acquisition responsibilities. 
(4) An assessment of the extent to which each of 
the Department of Defense and the Department of the 
Army have implemented the recommendations of the 
Commission on Army Acquisition and Program Man-
agement in Expeditionary Operations relating to 
training of acquisition personnel. 
(5) Such recommendations as the Comptroller 
General considers appropriate regarding training of 
acquisition and audit personnel of the Department of 
Defense, including recommendations regarding best
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practices and objectives for improved training of such 
acquisition and audit personnel. 
Subtitle C—Contractor Matters 
SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CON-
TRACTORS TO HAVE ACCESS TO TECHNICAL 
DATA BELONGING TO PRIME CONTRACTORS. 
(a) AUTHORITY.— 
(1) ACCESS
TO
TECHNICAL
DATA.—Subsection 
(c) of section 2320 of title 10, United States Code, is 
amended— 
(A) in paragraph (1), by striking ‘‘or’’ at 
the end; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) notwithstanding any limitation upon the li-
cense rights conveyed under subsection (a), allowing a 
covered Government support contractor access to and 
use of any technical data delivered under a contract 
for the sole purpose of furnishing independent and 
impartial advice or technical assistance directly to 
the Government in support of the Government’s man-
agement and oversight of the program or effort to 
which such technical data relates; or’’.
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(2) COVERED
GOVERNMENT
SUPPORT
CON-
TRACTOR DEFINED.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(f) In this section, the term ‘covered Government sup-
port contractor’ means a contractor under a contract the 
primary purpose of which is to furnish independent and 
impartial advice or technical assistance directly to the Gov-
ernment in support of the Government’s management and 
oversight of a program or effort (rather than to directly fur-
nish an end item or service to accomplish a program or 
effort), which contractor— 
‘‘(1) is not affiliated with the prime contractor 
or a first-tier subcontractor on the program or effort, 
or with any direct competitor of such prime con-
tractor or any such first-tier subcontractor in fur-
nishing end items or services of the type developed or 
produced on the program or effort; and 
‘‘(2) executes a contract with the Government 
agreeing to and acknowledging— 
‘‘(A) that proprietary or nonpublic tech-
nical data furnished will be accessed and used 
only for the purposes stated in that contract; 
‘‘(B) that a breach of that contract by the 
covered Government support contractor with re-
gard to a third party’s ownership or rights in
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such technical data may subject the covered Gov-
ernment support contractor— 
‘‘(i) to criminal, civil, administrative, 
and contractual actions in law and equity 
for penalties, damages, and other appro-
priate remedies by the United States; and 
‘‘(ii) to civil actions for damages and 
other appropriate remedies by the con-
tractor or subcontractor whose technical 
data is affected by the breach; 
‘‘(C) that such technical data provided to 
the covered Government support contractor under 
the authority of this section shall not be used by 
the covered Government support contractor to 
compete against the third party for Government 
or non-Government contracts; and 
‘‘(D) that any breach of the nondisclosure 
obligations under subparagraphs (A) through (C) 
may constitute a violation of section 1905 of title 
18.’’. 
(b) CRIMINAL PENALTY.—Section 1905 of title 18, 
United States Code, is amended by inserting ‘‘or being an 
officer, agent, or employee of a private sector organization 
having a contractual nondisclosure agreement under the au-
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thority of section 2320(f)(2) of title 10,’’ after ‘‘Antitrust 
Civil Process Act (15 U.S.C. 1311-1314),’’. 
SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORI-
TIES ON THE COMMISSION ON WARTIME CON-
TRACTING IN IRAQ AND AFGHANISTAN. 
(a) DATE OF FINAL REPORT.—Subsection (d)(3) of 
section 841 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is 
amended by striking ‘‘two years’’ and inserting ‘‘three 
years’’. 
(b) ASSISTANCE FROM FEDERAL AGENCIES.—Such 
section is further amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) ASSISTANCE FROM FEDERAL AGENCIES.— 
‘‘(1) DEPARTMENT OF DEFENSE.—The Secretary 
of Defense shall provide to the Commission adminis-
trative support for the performance of the Commis-
sion’s functions in carrying out the requirements of 
this section. 
‘‘(2) TRAVEL AND LODGING IN COMBAT THEA-
TERS.—The administrative support provided the 
Commission under paragraph (1) shall include travel
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and lodging undertaken in combat theaters, which 
support shall be provided on a non-reimbursable 
basis. 
‘‘(3) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the support required by paragraph (1), 
any department or agency of the Federal Government 
may provide to the Commission such services, funds, 
facilities, staff, and other support services for the per-
formance of the Commission’s functions as the head of 
such department or agency considers advisable, or as 
may otherwise be authorized by law.’’. 
SEC. 823. PROHIBITION ON INTERROGATION OF DETAINEES 
BY CONTRACTOR PERSONNEL. 
(a) REGULATIONS REQUIRED.—Effective as of the date 
that is one year after the date of the enactment of this Act, 
the Department of Defense manpower mix criteria and the 
Department of Defense Supplement to the Federal Acquisi-
tion Regulation shall be modified to provide the following: 
(1) That the interrogation of enemy prisoners of 
war, civilian internees, retained persons, other de-
tainees, terrorists, and criminals when captured, 
transferred, confined, or detained during or in the 
aftermath of hostilities is an inherently governmental 
function and cannot be transferred to contractor per-
sonnel.
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(2) That contractor personnel with proper train-
ing and security clearances may be used as linguists, 
interpreters, report writers, information technology 
technicians, and other employees filling ancillary po-
sitions in interrogations of persons as described in 
paragraph (1) if such personnel are subject to the 
same rules, procedures, policies, and laws pertaining 
to detainee operations and interrogations as apply to 
government personnel in such positions in such inter-
rogations. 
(b) DISCHARGE BY GOVERNMENT PERSONNEL.—The 
Secretary of Defense shall take appropriate actions to en-
sure that, by not later than one year after the date of the 
enactment of this Act, the Department of Defense has the 
resources needed to ensure that interrogations described in 
subsection (a)(1) are conducted by appropriately qualified 
government personnel. 
SEC. 824. MODIFICATIONS TO DATABASE FOR FEDERAL 
AGENCY CONTRACT AND GRANT OFFICERS 
AND SUSPENSION AND DEBARMENT OFFI-
CIALS. 
Subsection (c) of section 872 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4556) is amended—
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(1) by redesignating paragraphs (6) and (7) as 
paragraphs (8) and (9), respectively; and 
(2) by inserting after paragraph (5) the fol-
lowing new paragraphs: 
‘‘(6) Each audit report that, as determined by 
an Inspector General or the head of an audit agency 
responsible for the report, contains significant adverse 
information about a contractor that should be in-
cluded in the database. 
‘‘(7) Each contract action that, as determined by 
the head of the contracting activity responsible for the 
contract action, reflects information about contractor 
performance or integrity that should be included in 
the database.’’. 
Subtitle D—Other Matters 
SEC. 831. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 
AND SERVICES PRODUCED IN CENTRAL ASIA, 
PAKISTAN, AND THE SOUTH CAUCASUS. 
(a) IN GENERAL.—In the case of a product or service 
to be acquired in support of military operations or stability 
operations (including security, transition, reconstruction, 
and humanitarian relief activities) in Afghanistan for 
which the Secretary of Defense makes a determination de-
scribed in subsection (b), the Secretary may conduct a pro-
curement in which—
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(1) competition is limited to products or services 
that are from Central Asia, Pakistan, or the South 
Caucasus; 
(2) procedures other than competitive procedures 
are used to award a contract to a particular source 
or sources from Central Asia, Pakistan, or the South 
Caucasus; or 
(3) a preference is provided for products or serv-
ices that are from Central Asia, Pakistan, or the 
South Caucasus. 
(b) DETERMINATION.—A determination described in 
this subsection is a determination by the Secretary that— 
(1) the product or service concerned is to be used 
only by military forces, police, or other security per-
sonnel of Afghanistan; or 
(2) it is in the national security interest of the 
United States to limit competition, use procedures 
other than competitive procedures, or provide a pref-
erence as described in subsection (a) because— 
(A) such limitation, procedure, or preference 
is necessary— 
(i) to improve local market and trans-
portation infrastructure in Central Asia, 
Pakistan, or the South Caucasus in order to 
reduce overall United States transportation
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costs and risks in shipping goods in support 
of operations in Afghanistan; or 
(ii) to encourage states of Central Asia, 
Pakistan, or the South Caucasus to cooper-
ate in expanding supply routes through 
their territory in support of operations in 
Afghanistan; and 
(B) such limitation, procedure, or pref-
erence will not adversely affect— 
(i) operations in Afghanistan; or 
(ii) the United States industrial base. 
(c) PRODUCTS, SERVICES, AND SOURCES FROM CEN-
TRAL ASIA, PAKISTAN, OR THE SOUTH CAUCASUS.—For 
the purposes of this section: 
(1) A product is from the Central Asia, Paki-
stan, or the South Caucasus if it is mined, produced, 
or manufactured in Georgia, the Kyrgyz Republic, 
Pakistan, the Republic of Armenia, the Republic of 
Azerbaijan, the Republic of Kazakhstan, the Republic 
of Tajikistan, the Republic of Uzbekistan, or 
Turkmenistan. 
(2) A service is from Central Asia, Pakistan, or 
the South Caucasus if it is performed in Georgia, the 
Kyrgyz Republic, Pakistan, the Republic of Armenia, 
the 
Republic 
of 
Azerbaijan, 
the 
Republic 
of
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Kazakhstan, the Republic of Tajikistan, the Republic 
of Uzbekistan, or Turkmenistan by citizens or perma-
nent resident aliens of Georgia, the Kyrgyz Republic, 
Pakistan, the Republic of Armenia, the Republic of 
Azerbaijan, the Republic of Kazakhstan, the Republic 
of Tajikistan, the Republic of Uzbekistan, or 
Turkmenistan. 
(3) A source is from Central Asia, Pakistan, or 
the South Caucasus if it— 
(A) is located in Georgia, the Kyrgyz Re-
public, Pakistan, the Republic of Armenia, the 
Republic 
of 
Azerbaijan, 
the 
Republic 
of 
Kazakhstan, the Republic of Tajikistan, the Re-
public of Uzbekistan, or Turkmenistan; and 
(B) offers products or services that are from 
Georgia, the Kyrgyz Republic, Pakistan, the Re-
public of Armenia, the Republic of Azerbaijan, 
the Republic of Kazakhstan, the Republic of 
Tajikistan, the Republic of Uzbekistan, or 
Turkmenistan. 
(d) CONSTRUCTION WITH OTHER AUTHORITY.—The 
authority in subsection (a) is in addition to the authority 
in section 886 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 266; 
10 U.S.C. 2302 note).
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(e) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than December 31 
each year, the Secretary shall submit to Congress a 
report on the exercise of the authority in subsection 
(a) during the preceding fiscal year. 
(2) ELEMENTS.—Each report under this sub-
section shall include, for the fiscal year covered by 
such report, the following: 
(A) A statement of the number of occasions 
on which the Secretary made a determination 
under subsection (a) with respect to the exercise 
of the authority in subsection (a), regardless of 
whether or not the determination resulted in the 
exercise of such authority. 
(B) The total amount of all procurements 
pursuant to the exercise of such authority, and 
the total amount of procurements for each coun-
try with respect to which such authority was ex-
ercised. 
(C) A description and assessment of the ex-
tent to which procurements pursuant to the exer-
cise of such authority furthered the national se-
curity interest of the United States.
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(f) SUNSET.—The authority in subsection (a) shall ex-
pire on the date that is three years after the date of the 
enactment of this Act. 
SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE 
MATTERS. 
(a) AUTHORITY TO MODIFY DEFINITION OF ‘‘SMALL 
ARMS PRODUCTION INDUSTRIAL BASE’’.—Section 2473(c) 
of title 10, United States Code, is amended by inserting 
before the period at the end the following: ‘‘, and any subse-
quent modifications to such list of firms pursuant to a re-
view by the Secretary of Defense’’. 
(b) REVIEW OF SMALL ARMS PRODUCTION INDUS-
TRIAL BASE.— 
(1) REVIEW.—Not later than March 31, 2010, 
the Secretary of Defense shall review and determine, 
based upon manufacturing capability and capacity— 
(A) whether any firms included in the small 
arms production industrial base (as that term is 
defined in section 2473(c) of title 10, United 
States Code) should be eliminated or modified 
and whether any additional firms should be in-
cluded; and 
(B) whether any of the small arms listed in 
section 2473(d) of title 10, United States Code, 
should be eliminated from the list or modified on
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the list, and whether any additional small arms 
should be included in the list. 
(2) REPORT.—Not later than March 31, 2010, 
the Secretary of Defense shall submit to the congres-
sional defense committees a report on the review con-
ducted under this subsection, including any rec-
ommendations for changes to the list maintained pur-
suant to subsection (c) of section 2473(d) of title 10, 
United States Code, or the list under subsection (d) 
of such section. 
SEC. 833. EXTENSION OF SBIR AND STTR PROGRAMS OF 
THE DEPARTMENT OF DEFENSE. 
(a) SBIR EXTENSION.—Section 9(m) of the Small 
Business Act (15 U.S.C. 638(m)) is amended— 
(1) by striking ‘‘The authorization’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the authorization’’; and 
(2) by adding at the end the following: 
‘‘(2) EXCEPTION
FOR
DEPARTMENT
OF
DE-
FENSE.—The Secretary of Defense and the Secretary 
of each military department is authorized to carry 
out the Small Business Innovation Research Program 
of the Department of Defense until September 30, 
2023.’’.
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(b) STTR REAUTHORIZATION.—Section 9(n)(1)(A) of 
the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amend-
ed— 
(1) by striking ‘‘With respect’’ and inserting the 
following: 
‘‘(i) 
FEDERAL
AGENCIES
GEN-
ERALLY.—Except as provided in clause (i), 
with respect’’; and 
(2) by adding at the end the following: 
‘‘(ii) DEPARTMENT OF DEFENSE.—The 
Secretary of Defense and the Secretary of 
each military department shall carry out 
clause (i) with respect to each fiscal year 
through fiscal year 2023.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on July 30, 2009. 
SEC. 834. EXPANSION AND PERMANENT AUTHORITY FOR 
SMALL BUSINESS INNOVATION RESEARCH 
COMMERCIALIZATION PROGRAM. 
(a) EXPANSION TO INCLUDE SMALL BUSINESS TECH-
NOLOGY TRANSFER PROGRAM.—Section 9(y) of the Small 
Business Act (15 U.S.C. 638(y)) is amended in paragraphs 
(1), (2), and (4) by inserting ‘‘and the Small Business 
Technology Transfer Program’’ after ‘‘Small Business Inno-
vation Research Program’’.