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(C) An assessment of the difference be-
tween— 
(i) the retirement benefits that former 
employees of Air America and the associ-
ated companies have received or will receive 
by virtue of their employment with Air 
America and the associated companies; and 
(ii) the retirement benefits that such 
employees would have received or be eligible 
to receive if such employment was deemed 
to be employment by the United States Gov-
ernment and their service during such em-
ployment was credited as Federal service for 
the purpose of Federal retirement benefits. 
(D)(i) Any recommendations regarding the 
advisability of legislative action to treat such 
employment as Federal service for the purpose of 
Federal retirement benefits in light of the rela-
tionship between Air America and the associated 
companies and the United States Government 
and the services and sacrifices of such employees 
to and for the United States. 
(ii) If legislative action is considered advis-
able under clause (i), a proposal for such action 
and an assessment of its costs.
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(E) The opinions of the Director of the Cen-
tral Intelligence Agency, if any, on any matters 
covered by the report that the Director of the 
Central Intelligence Agency considers appro-
priate. 
(3) ASSISTANCE OF COMPTROLLER GENERAL.— 
The Comptroller General of the United States shall, 
upon the request of the Director of National Intel-
ligence and in a manner consistent with the protec-
tion of classified information, assist the Director in 
the preparation of the report required by paragraph 
(1). 
(4) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 1076. REPORT ON CRITERIA FOR SELECTION OF STRA-
TEGIC 
EMBARKATION 
PORTS 
AND 
SHIP 
LAYBERTHING LOCATIONS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Commander 
of the United States Transportation Command shall submit 
to the congressional defense committees a report with cri-
teria for the selection of strategic embarkation ports and 
ship layberth locations.
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(b) DEVELOPMENT OF CRITERIA.—The criteria in-
cluded in the report required under subsection (a) shall— 
(1) prioritize the facilitation of strategic deploy-
ment and reduction of combatant commander force 
closure timelines; 
(2) take into account— 
(A) time required to crew, activate, and sail 
sealift vessels to embarkation ports; 
(B) distance and travel times for the forces 
from assigned installation to embarkation ports; 
(C) availability of adequate infrastructure 
to transport forces from assigned installation to 
embarkation ports; and 
(D) time required to move forces from em-
barkation ports to likely areas of force deploy-
ment around the world; and 
(3) inform the selection of strategic embarkation 
ports and the procurement of ship layberthing serv-
ices. 
SEC. 1077. REPORT ON DEFENSE TRAVEL SIMPLIFICATION. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report
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setting forth a comprehensive plan to simplify defense trav-
el. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following: 
(1) A comprehensive discussion of aspects of the 
Department of Defense travel system that are most 
confusing, inefficient, and in need of revision. 
(2) Critical review of opportunities to streamline 
and simplify defense travel policies and to reduce 
travel-related costs to the Department of Defense. 
(3) Options to leverage industry capabilities that 
could enhance management responsiveness to chang-
ing markets. 
(4) A discussion of pilot programs that could be 
undertaken to prove the merit of improvements iden-
tified in accomplishing actions specified in para-
graphs (1) and (2), including recommendations for 
legislative authority. 
(5) Such recommendations and an implementa-
tion plan for legislative or administrative action as 
the Secretary of Defense considers appropriate to im-
prove defense travel.
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SEC. 1078. REPORT ON MODELING AND SIMULATION AC-
TIVITIES OF UNITED STATES JOINT FORCES 
COMMAND. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense, working through the Director for Defense Re-
search and Engineering, the Assistant Secretary of Defense 
for Manufacturing and Industrial Base, and the Com-
mander of the United States Joint Forces Command, shall 
submit to the congressional defense committees a report that 
describes current and planned efforts to support and en-
hance the defense modeling and simulation technological 
and industrial base, including in academia, industry, and 
government. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following: 
(1) An assessment of the current and future do-
mestic defense modeling and simulation technological 
and industrial base and its ability to meet current 
and future defense requirements. 
(2) A description of current and planned pro-
grams and activities of the Department of Defense to 
enhance the ability of the domestic defense modeling 
and simulation industrial base to meet current and 
future defense requirements.
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(3) A description of current and planned De-
partment of Defense activities in cooperation with 
Federal, State, and local government organizations 
that promote the enhancement of the ability of the do-
mestic defense modeling and simulation industrial 
base to meet current and future defense requirements. 
(4) A comparative assessment of current and fu-
ture global modeling and simulation capabilities rel-
ative to those of the United States in areas related to 
defense applications of modeling and simulation. 
(5) An identification of additional authorities or 
resources related to technology transfer, establishment 
of public-private partnerships, coordination with re-
gional, State, or local initiatives, or other activities 
that would be required to enhance efforts to support 
the domestic defense modeling and simulation indus-
trial base. 
(6) Other matters as determined appropriate by 
the Secretary. 
SEC. 1079. REPORT ON ENABLING CAPABILITIES FOR SPE-
CIAL OPERATIONS FORCES. 
(a) REPORT REQUIRED.—Not later than 270 days 
after the date of the enactment of this Act, the Commander 
of the United States Special Operations Command, jointly 
with the commanders of the combatant commands and the
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Subtitle H—Other Matters 
SEC. 1081. TRANSFER OF NAVY AIRCRAFT N40VT. 
(a) AUTHORITY TO TRANSFER.— 
(1) AUTHORITY.—Subject to all applicable Fed-
eral laws and regulations controlling the disposition 
of Federal property, the Secretary of the Navy may 
transfer 
to 
Piasecki 
Aircraft 
Corporation 
of 
Essington, Pennsylvania (in this section referred to 
as the ‘‘transferee’’), Navy aircraft N40VT (Bureau 
Number 163283) and associated components, test 
equipment, and engines, previously specified as Gov-
ernment-furnished equipment in contract N00019– 
00–C–0284. 
(2) WRITTEN AGREEMENT.—The transfer under 
this subsection shall be made by means of a written 
agreement. 
(3) APPLICABLE LAW.—The transfer or use of 
military equipment is subject to all applicable United 
State laws and regulations, including, but not limited 
to, the Arms Export Control Act, the Export Adminis-
tration Act of 1979, continued under Executive Order 
12924, International Traffic in Arms Regulations (22 
C.F.R. 120 et seq.), Export Administration Regula-
tions (15 C.F.R. 730 et seq.), Foreign Assets Control
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Regulations (31 C.F.R. 500 et seq.), and the Espio-
nage Act. 
(b) CERTIFICATION REQUIRED FOR DISPOSAL OF COM-
BATANT MILITARY EQUIPMENT.—No military equipment 
described by subsection (a) that is military equipment of 
a combatant command may be transferred under subsection 
(a) unless the Chief of Staff of the Army, the Chief of Naval 
Operations, the Chief of Staff of the Air Force, or the Com-
mandant of the Marine Corps, as applicable, certifies that 
such equipment is not essential to the defense of the United 
States. 
(c) CONDITION
OF
EQUIPMENT
TO
BE
TRANS-
FERRED.—The military equipment transferred under sub-
section (a) shall be transferred in its current ‘‘as is’’ condi-
tion. The Secretary is not required to repair or alter the 
condition of any military equipment before transferring 
any interest in such equipment under subsection (a). 
(d) TRANSFER
AT
NO
COST
TO
THE
UNITED 
STATES.—The transfer of military equipment under sub-
section (a) shall be made at no cost to the United States. 
Any costs associated with the transfer shall be borne by the 
transferee. 
(e) GOVERNMENT RIGHTS.—The Secretary shall in-
clude in the written agreement under subsection (a)(2) such
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terms and conditions as the Secretary considers appro-
priate— 
(1) to permit the United States to use any future 
technologies derived from testing of military equip-
ment transferred under subsection (a), including upon 
the transfer of such military equipment to a successor 
in interest of the transferee; and 
(2) to retain for the Government all technical 
data rights associated with military equipment trans-
ferred under subsection (a). 
(f) CONSIDERATION.—As consideration for the transfer 
of military equipment under subsection (a), the transferee 
shall provide compensation to the United States, the value 
of which is equal to the fair market value of such military 
equipment, as determined by the Secretary. The Secretary 
may not delegate the authority to make the determination 
required by the preceding sentence. 
(g) NO LIABILITY FOR THE UNITED STATES.—Upon 
the transfer of military equipment under subsection (a), the 
United States shall not be liable for any death, injury, loss, 
or damage that results from the use of such military equip-
ment by any person other than the United States. 
(h) REVERTER UPON BREACH OF CONDITIONS.—The 
Secretary shall include in the written agreement under sub-
section (a)(2) the following:
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(1) A condition that the transferee not transfer 
any interest in, or transfer possession of, the military 
equipment transferred under subsection (a) to any 
other party without the prior written approval of the 
Secretary. 
(2) A condition that the transferee operate or 
maintain, as applicable, the military equipment 
transferred under subsection (a) in compliance with 
all applicable limitations and maintenance require-
ments under law. 
(3) A condition that if the Secretary determines 
at any time that the transferee has failed to comply 
with a condition set forth in paragraph (1) or (2), all 
right, title, and interest in and to the military equip-
ment transferred under subsection (a), including any 
repair or alteration of the military equipment by the 
transferee or otherwise, shall revert to the United 
States, and the United States shall have the right of 
immediate possession of the military equipment. 
(i) LIMITATION ON TRANSFER PENDING NOTICE TO 
CONGRESS.— 
(1) LIMITATION.—A transfer of military equip-
ment under subsection (a) may not occur until— 
(A) notice of the proposal to make the trans-
fer is sent to Congress; and
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(B) 60 days of continuous session of Con-
gress have expired following the date on which 
such notice is sent to Congress. 
(2) CALCULATION
OF
CONTINUOUS
SESSION.— 
For purposes of paragraph (1)(B), the continuity of 
a session of Congress is broken only by an adjourn-
ment of the Congress sine die, and the days on which 
the either House is not in session because of adjourn-
ment of more than 3 days to a day certain are ex-
cluded in the computation of such 60-day period. 
(j) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with a transfer under subsection (a) as the 
Secretary considers appropriate to protect the interests of 
the United States. 
SEC. 1082. TRANSFER OF BIG CROW AIRCRAFT. 
(a) IN GENERAL.—The Secretary of the Air Force may 
convey to an appropriate private entity the right, title, and 
interest of the United States in and to the Big Crow aircraft 
referred to in subsection (b) in order to permit the continu-
ation of the purpose of such aircraft at the time of their 
retirement in and through such private entity after convey-
ance if the Secretary and the Under Secretary of Defense 
for Acquisition, Technology, and Logistics jointly determine
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that it is in the interests of the Department of Defense to 
do so. 
(b) COVERED BIG CROW AIRCRAFT.—The Big Crow 
aircraft referred to in this subsection are the recently-retired 
aircraft as follows: 
(1) Big Crow aircraft NC–135E, tail number 
55–3132. 
(2) Big Crow aircraft NC–135B, tail number 
63–8050. 
(c) CONDITIONS OF CONVEYANCE.— 
(1) IN GENERAL.—Any conveyance of Big Crow 
aircraft under subsection (a) shall be for such consid-
eration as the Secretary considers appropriate. The 
Secretary shall provide for any aircraft so conveyed 
to be conveyed in ‘‘as-is’’ condition at the time of con-
veyance, with all classified and other sensitive equip-
ment removed from such aircraft before conveyance. 
(2) NO LIABILITY FOR THE UNITED STATES.— 
Notwithstanding any other provision of law, upon the 
conveyance of a Big Crow aircraft under subsection 
(a), the United States shall not be liable for any 
death, injury, loss, or damage that results from the 
use of the aircraft by any person other than the 
United States.
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(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with a conveyance under this section as the 
Secretary considers appropriate to protect the interests of 
the United States. 
SEC. 1083. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID 
ROCKET MOTOR INDUSTRIAL BASE. 
(a) IN GENERAL.—The Secretary of Defense shall re-
view and establish a plan to sustain the solid rocket motor 
industrial base, including the ability to maintain and sus-
tain currently deployed strategic and missile defense sys-
tems and to maintain an intellectual and engineering ca-
pacity to support next generation rocket motors, as needed. 
(b) SUBMISSION OF PLAN.—Not later than March 1, 
2010, the Secretary of Defense shall submit to the congres-
sional defense committees the plan required under sub-
section (a), together with an explanation of how fiscal year 
2010 funds will be used to sustain and support the plan 
and a description of the funding in the future years defense 
program plan to support the plan. 
SEC. 1084. PILOT PROGRAM ON USE OF SERVICE DOGS FOR 
THE TREATMENT OR REHABILITATION OF 
VETERANS WITH PHYSICAL OR MENTAL INJU-
RIES OR DISABILITIES. 
(a) FINDINGS.—Congress makes the following findings:
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(1) The United States owes a profound debt to 
those who have served the United States honorably in 
the Armed Forces. 
(2) Disabled veterans suffer from a range of 
physical and mental injuries and disabilities. 
(3) In 2008, the Army reported the highest level 
of suicides among its soldiers since it began tracking 
the rate 28 years before 2009. 
(4) A scientific study documented in the 2008 
Rand Report entitled ‘‘Invisible Wounds of War’’ esti-
mated that 300,000 veterans of Operation Enduring 
Freedom and Operation Iraqi Freedom currently suf-
fer from post-traumatic stress disorder. 
(5) Veterans have benefitted in multiple ways 
from the provision of service dogs. 
(6) The Department of Veterans Affairs has been 
successfully placing guide dogs with the blind since 
1961. 
(7) Thousands of dogs around the country await 
adoption. 
(b) PROGRAM REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of Veterans Affairs shall commence a three-year pilot pro-
gram to assess the benefits, feasibility, and advisability of 
using service dogs for the treatment or rehabilitation of vet-
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erans with physical or mental injuries or disabilities, in-
cluding post-traumatic stress disorder. 
(c) PARTNERSHIPS.— 
(1) IN GENERAL.—The Secretary shall carry out 
the pilot program by partnering with nonprofit orga-
nizations that— 
(A) have experience providing service dogs 
to individuals with injuries or disabilities; 
(B) do not charge fees for the dogs, services, 
or lodging that they provide; and 
(C) are accredited by a generally accepted 
industry-standard accrediting institution. 
(2) REIMBURSEMENT OF COSTS.—The Secretary 
shall reimburse partners for costs relating to the pilot 
program as follows: 
(A) For the first 50 dogs provided under the 
pilot program, all costs relating to the provision 
of such dogs. 
(B) For dogs provided under the pilot pro-
gram after the first 50 dogs provided, all costs 
relating to the provision of every other dog. 
(d) PARTICIPATION.— 
(1) IN GENERAL.—As part of the pilot program, 
the Secretary shall provide a service dog to a number 
of veterans with physical or mental injuries or dis-
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abilities that is greater than or equal to the greater 
of— 
(A) 200; and 
(B) the minimum number of such veterans 
required to produce scientifically valid results 
with respect to assessing the benefits and costs of 
the use of such dogs for the treatment or rehabili-
tation of such veterans. 
(2) COMPOSITION.—The Secretary shall ensure 
that— 
(A) half of the participants in the pilot pro-
gram are veterans who suffer primarily from a 
mental health injury or disability; and 
(B) half of the participants in the pilot pro-
gram are veterans who suffer primarily from a 
physical injury or disability. 
(e) STUDY.—In carrying out the pilot program, the 
Secretary shall conduct a scientifically valid research study 
of the costs and benefits associated with the use of service 
dogs for the treatment or rehabilitation of veterans with 
physical or mental injuries or disabilities. The matters 
studied shall include the following: 
(1) The therapeutic benefits to such veterans, in-
cluding the quality of life benefits reported by the vet-
erans partaking in the pilot program.
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(2) The economic benefits of using service dogs 
for the treatment or rehabilitation of such veterans, 
including— 
(A) savings on health care costs, including 
savings relating to reductions in hospitalization 
and reductions in the use of prescription drugs; 
and 
(B) productivity and employment gains for 
the veterans. 
(3) The effectiveness of using service dogs to pre-
vent suicide. 
(f) REPORTS.— 
(1) ANNUAL REPORT OF THE SECRETARY.—After 
each year of the pilot program, the Secretary shall 
submit to Congress a report on the findings of the 
Secretary with respect to the pilot program. 
(2) FINAL REPORT BY THE NATIONAL ACADEMY 
OF SCIENCES.—Not later than 180 days after the date 
of the completion of the pilot program, the National 
Academy of Sciences shall submit to Congress a re-
port on the results of the pilot program.
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SEC. 1085. EXPANSION OF STATE HOME CARE FOR PARENTS 
OF VETERANS WHO DIED WHILE SERVING IN 
ARMED FORCES. 
In administering section 51.210(d) of title 38, Code 
of Federal Regulations, the Secretary of Veterans Affairs 
shall permit a State home to provide services to, in addition 
to non-veterans described in such subsection, a non-veteran 
any of whose children died while serving in the Armed 
Forces. 
SEC. 1086. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE 
AND RETIREMENT TREATMENT FOR CERTAIN 
RETIREES OF THE ARMED FORCES. 
(a) INCREASE IN MAXIMUM AGE LIMIT FOR POSITIONS 
SUBJECT TO FERS.— 
(1) LAW
ENFORCEMENT
OFFICERS
AND
FIRE-
FIGHTERS.—Section 3307(e) of title 5, United States 
Code, is amended— 
(A) by striking ‘‘(e) The’’ and inserting 
‘‘(e)(1) Except as provided in paragraph (2), 
the’’; and 
(B) by adding at the end the following: 
‘‘(2) The maximum age limit for an original appoint-
ment to a position as a firefighter or law enforcement officer 
(as defined by section 8401(14) or (17), respectively) shall 
be 47 years of age, in the case of an individual who on 
the effective date of such appointment is eligible to receive
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† HR 2647 EAS 
and inserting ‘‘the remainder of such individual’s 
total service’’. 
(e) EFFECTIVE DATE.—This section (including the 
amendments made by this section) shall take effect 60 days 
after the date of the enactment of this Act and shall apply 
to appointments made on or after that effective date. 
SEC. 1087. SENSE OF CONGRESS ON MANNED AIRBORNE IR-
REGULAR WARFARE PLATFORMS. 
It is the sense of Congress that the Secretary of Defense 
should, with regard to the development of manned airborne 
irregular warfare platforms, coordinate requirements for 
such weapons systems with the military services, including 
the reserve components. 
SEC. 1088. EXTENSION OF SUNSET FOR CONGRESSIONAL 
COMMISSION ON THE STRATEGIC POSTURE 
OF THE UNITED STATES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Congress is grateful for the service and lead-
ership of the members of the bipartisan Congressional 
Commission on the Strategic Posture of the United 
States, who, pursuant to section 1062 of the National 
Defense Authorization Act for Fiscal Year 2008 (Pub-
lic Law 110–181; 122 Stat. 319), spent more than 
one year examining the strategic posture of the 
United States in all of its aspects: deterrence strategy,
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missile defense, arms control initiatives, and non-
proliferation strategies. 
(2) The Commission, comprised of some of the 
most preeminent scholars and technical experts in the 
United States in the subject matter, found a bipar-
tisan consensus on these issues in its Final Report 
made public on May 6, 2009. 
(3) Congress appreciates the service of former 
Secretary of Defense William Perry, former Secretary 
of Defense and Energy James Schlesinger, former 
Senator John Glenn, former Congressman Lee Ham-
ilton, Ambassador James Woolsey, Doctors John Fos-
ter, Fred Ikle, Keith Payne, Morton Halperin, Ellen 
Williams, Bruce Tarter, and Harry Cartland, and 
the United States Institute of Peace. 
(4) Congress values the work of the Commission 
and pledges to work with President Barack Obama to 
address the findings and review and consider the rec-
ommendations of the Commission. 
(b) EXTENSION OF SUNSET.—Section 1062 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 (Pub-
lic Law 110–181; 122 Stat. 319) is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively;
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(2) in subsection (h), as redesignated by para-
graph (1), by striking ‘‘September 30, 2009’’ and in-
serting ‘‘September 30, 2010’’; and 
(3) by inserting after subsection (e) the following 
new subsection: 
‘‘(f) FOLLOW-ON REPORT.—Following submittal of the 
report required in subsection (e), the Commission may con-
duct public outreach and discussion of the matters con-
tained in the report.’’. 
SEC. 1089. ADDITIONAL MEMBERS AND DUTIES FOR INDE-
PENDENT PANEL TO ASSESS THE QUADREN-
NIAL DEFENSE REVIEW. 
(a) FINDING.—Congress understands that the inde-
pendent panel appointed by the Secretary of Defense pursu-
ant to section 118(f) of title 10, United States Code, will 
be comprised of twelve members equally divided on a bipar-
tisan basis. 
(b) SENSE OF CONGRESS ON INDEPENDENT PANEL.— 
It is the sense of Congress that the independent panel ap-
pointed by the Secretary of Defense pursuant to section 
118(f) of title 10, United States Code, should be comprised 
of members equally divided on a bipartisan basis. 
(c) ADDITIONAL MEMBERS.— 
(1) IN GENERAL.—For purposes of conducting 
the assessment of the 2009 quadrennial defense review
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under section 118 of title 10, United States Code (in 
this section referred to as the ‘‘2009 QDR’’), the inde-
pendent panel established under subsection (f) of such 
section (in this section referred to as the ‘‘Panel’’) 
shall include eight additional members to be ap-
pointed as follows: 
(A) Two by the chairman of the Committee 
on Armed Services of the House of Representa-
tives. 
(B) Two by the chairman of the Committee 
on Armed Services of the Senate. 
(C) Two by the ranking member of the 
Committee on Armed Services of the House of 
Representatives. 
(D) Two by the ranking member of the 
Committee on Armed Services of the Senate. 
(2) PERIOD OF APPOINTMENT; VACANCIES.—Any 
vacancy in an appointment to the Panel under para-
graph (1) shall be filled in the same manner as the 
original appointment. 
(d) ADDITIONAL DUTIES OF PANEL FOR 2009 QDR.— 
In addition to the duties of the Panel under section 118(f) 
of title 10, United States Code, the Panel shall, with respect 
to the 2009 QDR—
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(1) conduct an independent assessment of a vari-
ety of possible force structures of the Armed Forces, 
including the force structure identified in the report 
of the 2009 QDR; and 
(2) make any recommendations it considers ap-
propriate for consideration. 
(e) REPORT OF SECRETARY OF DEFENSE.—Not later 
than 30 days after the Panel submits its report with respect 
to the 2009 QDR under section 118(f)(2) of title 10, United 
States Code, the Secretary of Defense, after consultation 
with the Chairman of the Joint Chiefs of Staff, shall submit 
to the congressional defense committees any comments of the 
Secretary on the report of the Panel. 
(f) TERMINATION.—The provisions of this section shall 
terminate on the day that is 45 days after the date on which 
the Panel submits its report with respect to the 2009 QDR 
under section 118(f)(2) of title 10, United States Code. 
SEC. 1090. CONTRACTING IMPROVEMENTS. 
(a) DEFINITIONS.—In this section— 
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
trator’’ mean the Small Business Administration and 
the Administrator thereof, respectively; and 
(2) the terms ‘‘HUBZone small business con-
cern’’, ‘‘small business concern’’, ‘‘small business con-
cern owned and controlled by service-disabled vet-
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erans’’, and ‘‘small business concern owned and con-
trolled by women’’ have the same meanings as in sec-
tion 3 of the Small Business Act (15 U.S.C. 632). 
(b) 
CONTRACTING
OPPORTUNITIES.—Section 
31(b)(2)(B) of the Small Business Act (15 U.S.C. 
657a(b)(2)(B)) is amended by striking ‘‘shall’’ and insert-
ing ‘‘may’’. 
(c) CONTRACTING GOALS.—Section 15(g)(1) of the 
Small Business Act (15 U.S.C. 644(g)(1)) is amended in 
the fourth sentence by inserting ‘‘and subcontract’’ after 
‘‘not less than 3 percent of the total value of all prime con-
tract’’. 
(d) MENTOR-PROTEGE PROGRAMS.—The Adminis-
trator may establish mentor-protege programs for small 
business concerns owned and controlled by service-disabled 
veterans, small business concerns owned and controlled by 
women, and HUBZone small business concerns modeled on 
the mentor-protege program of the Administration for small 
business concerns participating in programs under section 
8(a) of the Small Business Act (15 U.S.C. 637(a)). 
SEC. 1091. NATIONAL D–DAY MEMORIAL STUDY. 
(a) DEFINITIONS.—In this section: 
(1) AREA.—The term ‘‘Area’’ means in the Na-
tional D–Day Memorial in Bedford, Virginia.
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(c) REPORT.—Section 8(c) of Public Law 91–383 (16 
U.S.C. 1a–5(c)) shall apply to the conduct of the study re-
quired by this section, except that the study shall be sub-
mitted to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate not later than 3 years after 
the date on which funds are first made available for the 
study. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—Personnel 
SEC. 1101. REPEAL OF NATIONAL SECURITY PERSONNEL 
SYSTEM; DEPARTMENT OF DEFENSE PER-
SONNEL AUTHORITIES. 
(a) REPEAL OF AUTHORITY TO ESTABLISH NATIONAL 
SECURITY PERSONNEL SYSTEM.—Section 9902 of title 5, 
United States Code, is amended— 
(1) by striking subsections (a), (b), (c), (d), (e), 
(i), and (j); and 
(2) by redesignating subsections (f), (g), and (h) 
as subsections (d), (e), and (f) respectively. 
(b) PERIOD FOR TERMINATION OF NATIONAL SECU-
RITY PERSONNEL SYSTEM.— 
(1) APPLICABILITY OF PRIOR LAW TO UNITS IN 
NSPS.—Notwithstanding the amendments made by
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this section, the provisions of section 9902 of title 5, 
United States Code, as in effect on the day before the 
date of the enactment of this Act, shall apply to orga-
nizational and functional units included in the Na-
tional Security Personnel System as of January 20, 
2009, for a period of one year after the date of the 
enactment of this Act. 
(2) TRANSITION OF UNITS FROM NSPS.—The Sec-
retary of Defense shall ensure the orderly transition 
of all organizational and functional units covered by 
paragraph (1) from the National Security Personnel 
System by not later than one year after the date of 
the enactment of this Act. The Secretary shall ensure 
that no employee is subject to a reduction in pay as 
a result of such transition. 
(3) REMOVAL OF LIMITATION ON PAY ADJUST-
MENT.—Notwithstanding section 9902(e)(7) of title 5, 
United States Code (as in effect on the day before the 
date of the enactment of this Act), at the time of any 
annual adjustment to pay schedules pursuant to sec-
tion 5303 of such title during the transitional period 
provided in paragraph (1), the rate of basic pay for 
each employee described in section 9902(e)(7), as so 
in effect, shall be adjusted by 100 percent of the 
amount of such adjustment.
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(4) CURRENT RULES INVALID.—Any rule or im-
plementing issuance adopted before the date of the en-
actment of this Act to implement any provision of 
section 9902 of title 5, United States Code (other than 
subsections (d), (e), and (f) of such section (as redesig-
nated by subsection (a)(2))), shall cease to be effective 
on the date that is one year after the date of the en-
actment of this Act. 
(c) AUTHORITY RELATING TO PERSONNEL MANAGE-
MENT AND WORKFORCE INCENTIVES.—Section 9902 of such 
title is further amended by inserting before subsection (d), 
as redesignated by subsection (a)(2) of this section, the fol-
lowing new subsections: 
‘‘(a) PERSONNEL MANAGEMENT.—(1) The Secretary 
may waive the requirements of chapter 33, and the regula-
tions implementing such chapter, to the extent the Secretary 
considers appropriate to establish and implement regula-
tions providing for the following: 
‘‘(A) Fair, credible, and transparent methods of 
establishing qualification requirements for, recruit-
ment for, and appointments to employment positions. 
‘‘(B) Fair, credible, and transparent methods of 
assigning, reassigning, detailing, transferring, or pro-
moting employees.
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‘‘(2) In implementing this subsection, the Secretary 
shall comply with the provisions of section 2302(b)(11), re-
garding veterans’ preference requirements, in a manner 
comparable to that in which such provisions are applied 
under chapter 33. 
‘‘(3) Any action taken by the Secretary under this sub-
section, or to implement this subsection, shall be subject to 
the requirements subsection (c) and chapter 71. 
‘‘(b) PERFORMANCE MANAGEMENT AND WORKFORCE 
INCENTIVES.—(1) The Secretary may waive the require-
ments of chapters 43 (other than sections 4302 and 4303(e)) 
and 45, and the regulations implementing such chapters, 
to the extent the Secretary considers appropriate to estab-
lish and implement regulations providing for the following: 
‘‘(A) A fair, credible, and transparent perform-
ance appraisal system for employees. 
‘‘(B) A fair, credible, and transparent system for 
linking employee bonuses and other performance- 
based actions to performance appraisals of employees. 
‘‘(C) A process for ensuring ongoing performance 
feedback and dialogue among supervisors, managers, 
and employees throughout the appraisal period and 
setting timetables for review. 
‘‘(2)(A) The Secretary may establish a fund to be 
known as the ‘Department of Defense Civilian Workforce
621 
† HR 2647 EAS 
Incentive Fund’ (in this paragraph referred to as the 
‘Fund’). 
‘‘(B) The Fund shall consist of the following: 
‘‘(i) Amounts appropriated to the Fund. 
‘‘(ii) Amounts available for compensation of em-
ployees that are transferred to the Fund. 
‘‘(C) Amounts in the Fund shall be available as fol-
lows: 
‘‘(i) For incentive payments to employees based 
on individual or team performance. 
‘‘(ii) For incentive payments to employees for 
purposes of the employment and retention as employ-
ees of qualified individuals with particular com-
petencies or qualifications. 
‘‘(3) Any action taken by the Secretary under this sub-
section, or to implement this subsection, shall be subject to 
the requirements of subsection (c) and chapter 71. 
‘‘(c) CRITERIA FOR USE OF NEW PERSONNEL AU-
THORITIES.—In establishing any new personnel manage-
ment system under subsection (a) or new performance man-
agement and workforce incentive system under subsection 
(b), the Secretary shall— 
‘‘(1) adhere to merit principles set forth in sec-
tion 2301;
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† HR 2647 EAS 
‘‘(2) include a means for ensuring employee in-
volvement in the design and implementation of such 
system; 
‘‘(3) provide for adequate training and retrain-
ing for supervisors, managers, and employees in the 
implementation and operation of such system; 
‘‘(4) include effective transparency and account-
ability measures and safeguards to ensure that the 
management of such system is fair, credible, and eq-
uitable, including appropriate independent reason-
ableness reviews, internal assessments, and employee 
surveys; and 
‘‘(5) ensure that adequate agency resources are 
allocated for the design, implementation, and admin-
istration of such system.’’. 
(d) CONFORMING CLERICAL AMENDMENTS.— 
(1) HEADING AMENDMENT.—The heading of such 
section is amended to read as follows: 
‘‘§ 9902. Department of Defense personnel authori-
ties’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 99 of such title is 
amended by striking the item relating to section 9902 
and inserting the following new item: 
‘‘9902. Department of Defense personnel authorities.’’.
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† HR 2647 EAS 
(e) MODIFICATION OF IMPLEMENTATION AUTHORITIES 
AND LIMITATIONS.—Section 1106 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 349) is amended— 
(1) by striking subsection (b); 
(2) by redesignating subsection (c) as subsection 
(b); and 
(3) in subsection (b), as redesignated by para-
graph (2)— 
(A) by striking paragraph (1) and inserting 
the following new paragraph (1): 
‘‘(1) The Comptroller General shall conduct an-
nual reviews in calendar years 2010, 2011, and 2012 
of— 
‘‘(A) employee satisfaction with any proc-
esses established pursuant to regulations promul-
gated by the Secretary of Defense pursuant to 
section 9902 of title 5, United States Code; and 
‘‘(B) the extent to which any processes so es-
tablished are fair, credible, and transparent, as 
required by such section 9902.’’; and 
(B) in paragraph (2), by striking ‘‘the Na-
tional Security Personnel System’’ and inserting 
‘‘any processes established pursuant to such regu-
lations’’.
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(f) ADDITIONAL CONFORMING AMENDMENT.—Section 
1108(b) of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4618; 10 U.S.C. 1580 note) is amended by striking 
‘‘identified in section 9902(c)(2) of title 5, United States 
Code.’’ and inserting ‘‘as follows: 
‘‘(1) The Aviation and Missile Research Develop-
ment and Engineering Center. 
‘‘(2) The Army Research Laboratory. 
‘‘(3) The Medical Research and Materiel Com-
mand. 
‘‘(4) The Engineer Research and Development 
Command. 
‘‘(5) The Communications–Electronics Com-
mand. 
‘‘(6) The Soldier and Biological Chemical Com-
mand. 
‘‘(7) The Naval Sea Systems Command Centers. 
‘‘(8) The Naval Research Laboratory. 
‘‘(9) The Office of Naval Research. 
‘‘(10) The Air Force Research Laboratory.’’. 
(g) WAIVER.—Subsection (a) through (f) of this section 
and the amendments made by such subsections shall not 
take effect if, not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense submits to
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† HR 2647 EAS 
the Committees on Armed Services of the Senate and the 
House of Representatives, the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, and the 
Committee on Oversight and Government Reform of the 
House of Representatives a report that includes— 
(1) a certification that— 
(A) the termination of the National Secu-
rity Personnel System would not be in the best 
interest of the Department of Defense; 
(B) the Secretary intends to implement 
changes during fiscal year 2010 to improve the 
fairness, credibility, and transparency of the Na-
tional Security Personnel System; and 
(C) the Secretary has determined that the 
changes to be made pursuant to subparagraph 
(B) will result in improved employee acceptance 
of the National Security Personnel System; and 
(2) a description of the changes that the Sec-
retary intends to implement and the schedule for im-
plementing such changes. 
(h) EXPANSION PROHIBITED.—If the Secretary of De-
fense submits a report and certification under subsection 
(g) and the National Security Personnel System is not ter-
minated, the National Security Personnel System may not 
be extended to organizational and functional units of the
626 
† HR 2647 EAS 
Department of Defense not included in such system as of 
June 1, 2009, unless specifically authorized by statute en-
acted after the date of the enactment of this Act. 
SEC. 1102. EXTENSION AND MODIFICATION OF EXPERI-
MENTAL 
PERSONNEL 
MANAGEMENT 
PRO-
GRAM FOR SCIENTIFIC AND TECHNICAL PER-
SONNEL. 
(a) THREE-YEAR EXTENSION.—Subsection (e)(1) of 
section 1101 of the Strom Thurmond National Defense Au-
thorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) 
is amended by striking ‘‘September 30, 2011’’ and inserting 
‘‘September 30, 2014’’. 
(b) LIMITATIONS ON ADDITIONAL PAYMENTS.—Such 
section is further amended— 
(1) in subsection (b)(3), by striking ‘‘under sub-
section (d)(1)’’ and inserting ‘‘under subsection (d)’’; 
and 
(2) by striking subsection (d) and inserting the 
following new subsection (d): 
‘‘(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1) 
Subject to paragraph (3), the total amount of additional 
payments paid to an employee under subsection (b)(3) for 
any 12-month period may not exceed the lesser of the 
amounts as follows:
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† HR 2647 EAS 
‘‘(A) $50,000 in fiscal year 2010, which may be 
adjusted annually thereafter by the Secretary, with a 
percentage increase equal to one-half of 1 percentage 
point less than the percentage by which the Employ-
ment Cost Index, published quarterly by the Bureau 
of Labor Statistics, for the base quarter of the year 
before the preceding calendar year exceeds the Em-
ployment Cost Index for the base quarter of the second 
year before the preceding calendar year. 
‘‘(B) The amount equal to 50 percent of the em-
ployee’s annual rate of basic pay. 
‘‘(2) In paragraph (1), the term ‘base quarter’ has the 
meaning given that term in section 5302(3) of title 5, 
United States Code. 
‘‘(3) Notwithstanding any other provision of this sec-
tion or section 5307 of title 5, United States Code, no addi-
tional payments may be paid to an employee under sub-
section (b)(3) in any calendar year if, or to the extent that, 
the employee’s total annual compensation in such calendar 
year will exceed the maximum amount of total annual com-
pensation payable at the salary set in accordance with sec-
tion 104 of title 3, United States Code. 
‘‘(4) An employee appointed under the program is not 
eligible for any bonus, monetary award, or other monetary
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† HR 2647 EAS 
incentive for service under the appointment other than pay-
ments authorized by this section.’’. 
(c) REPORTING REQUIREMENTS.—Paragraph (1) of 
subsection (g) of such section is amended to read as follows: 
‘‘(1)(A) Not later than December 31 each year in which 
the authority under this section is in effect, the Secretary 
of Defense shall submit to the committees of Congress speci-
fied in subparagraph (B) a report on the program. Each 
report shall cover the 12-month period preceding the date 
of the submittal of such report. 
‘‘(B) The committees of Congress specified in this sub-
paragraph are— 
‘‘(i) the Committee on Armed Services, the Com-
mittee on Homeland Security and Governmental Af-
fairs, and the Committee on Appropriations of the 
Senate; and 
‘‘(ii) the Committee on Armed Services, the Com-
mittee on Oversight and Government Reform, and the 
Committee on Appropriations of the House of Rep-
resentatives’’.
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† HR 2647 EAS 
SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of sec-
tion 1101 of the Duncan Hunter National Defense Author-
ization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4615) is amended by striking ‘‘calendar year 2009’’ 
and inserting ‘‘calendar years 2009 and 2010’’. 
(b) CLARIFICATION OF EXEMPTION FROM AGGREGATE 
LIMITATIONS ON PAY.—Subsection (b) of such section is 
amended by striking ‘‘Section 5307 of title 5, United States 
Code’’ and inserting ‘‘Aggregate limitations on pay, wheth-
er established by law or regulation’’. 
SEC. 1104. AVAILABILITY OF FUNDS FOR COMPENSATION 
OF CERTAIN CIVILIAN EMPLOYEES OF THE 
DEPARTMENT OF DEFENSE. 
(a) AVAILABILITY OF FUNDS.—Notwithstanding any 
other provision of law, funds authorized to be appropriated 
for the Department of Defense that are available for the pur-
chase of contract services to meet a requirement that is an-
ticipated to continue for five years or more shall be avail-
able to provide compensation for civilian employees of the 
Department to meet the same requirement.
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† HR 2647 EAS 
(b) REGULATIONS.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary shall pre-
scribe regulations implementing the authority in subsection 
(a). Such regulations— 
(1) shall ensure that the authority in subsection 
(a) is utilized to build government capabilities that 
are needed to perform inherently governmental func-
tions, functions closely associated with inherently gov-
ernmental functions, and other critical functions; 
(2) shall include a mechanism to ensure that fol-
low-on funding to provide compensation for civilian 
employees of the Department to perform functions de-
scribed in paragraph (1) is provided from appro-
priate accounts; and 
(3) may establish additional criteria and levels 
of approval within the Department for the utilization 
of funds to provide compensation for civilian employ-
ees of the Department pursuant to subsection (a). 
(c) ANNUAL REPORT.—Not later than 60 days after 
the end of each fiscal year for which the authority in sub-
section (a) is in effect, the Secretary shall submit to the 
congressional defense committees a report on the use of such 
authority. Each report shall cover the preceding fiscal year 
and shall identify, at a minimum, the following:
631 
† HR 2647 EAS 
(1) The amount of funds used under the author-
ity in subsection (a) to provide compensation for ci-
vilian employees. 
(2) The source or sources of the funds so used. 
(3) The number of civilian employees employed 
through the use of such funds. 
(4) The actions taken by the Secretary to ensure 
that follow-on funding for such civilian employees is 
provided through appropriate accounts. 
(d) TEMPORARY AUTHORITY.—The authority in sub-
section (a) shall apply to funds authorized to be appro-
priated for the Department of Defense fiscal years 2010 
through 2019. 
SEC. 1105. DEPARTMENT OF DEFENSE CIVILIAN LEADER-
SHIP PROGRAM. 
(a) LEADERSHIP PROGRAM REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall establish a program of leadership re-
cruitment and development for civilian employees of 
the Department of Defense, to be known as the ‘‘De-
partment of Defense Civilian Leadership Program’’ 
(in this section referred to as the ‘‘program’’). 
(2) OBJECTIVES.—The objectives of the program 
shall be as follows:
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† HR 2647 EAS 
(A) To develop a new generation of civilian 
leaders for the Department of Defense. 
(B) To recruit individuals with the aca-
demic merit, work experience, and demonstrated 
leadership skills to meet the future needs of the 
Department. 
(C) To offer rapid advancement, competitive 
compensation, and leadership opportunities to 
highly-qualified civilian employees of the De-
partment. 
(3) AVAILABLE AUTHORITIES.—In carrying out 
the program, the Secretary may exercise any author-
ity available to the Office of Personnel Management 
under section 4703 of title 5, United States Code, ex-
cept that the Secretary shall not be bound by the limi-
tations in subsection (d) of such section. Nothing in 
this section shall be construed to authorize the waiver 
of any part of chapter 71 of title 5, United States 
Code, or any regulation implementing such chapter, 
in the carrying out of the program. 
(b) ELIGIBLE INDIVIDUALS.— 
(1) IN
GENERAL.—The following individuals 
shall be eligible to participate in the program: 
(A) Current employees of the Department of 
Defense.
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† HR 2647 EAS 
(B) Appropriate individuals in the private 
sector. 
(2) LIMITATION ON NUMBER OF ENTRANTS INTO 
PROGRAM.—The total number of individuals who may 
enter into the program in any fiscal year may not ex-
ceed 5,000. 
(c) ELEMENTS OF PROGRAM.— 
(1) COMPETITIVE ENTRY.—The selection of indi-
viduals for entry into the program shall be made on 
the basis of a competition conducted at least twice 
each year. In each competition, participants in the 
program shall be selected from among applicants de-
termined by the Secretary to be the most highly quali-
fied in terms of academic merit, work experience, and 
demonstrated leadership skills. Each competition shall 
provide for entry-level participants and midcareer 
participants in the program. 
(2) ALLOCATION OF POSITIONS.—The Secretary 
shall allocate positions in the program among the 
components of the Department of Defense that— 
(A) offer the most challenging assignments; 
(B) provide the greatest level of responsi-
bility; and 
(C) demonstrate the greatest need for par-
ticipants in the program.
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† HR 2647 EAS 
(3) ASSIGNMENTS TO POSITIONS.—Participants 
in the program shall be assigned to components of the 
Department that best match their skills and qualifica-
tions. Participants in the program may be rotated 
among components of the Department of Defense at 
the discretion of the Secretary. 
(4) INITIAL COMPENSATION.—The initial com-
pensation of participants in the program shall be de-
termined by the Secretary based on the qualifications 
of such participants and applicable market condi-
tions. 
(5) EDUCATION AND TRAINING.—The Secretary 
shall provide participants in the program with train-
ing, mentoring, and educational opportunities that 
are appropriate to facilitate the development of such 
participants into effective civilian leaders for the De-
partment of Defense. 
(6) OBJECTIVE, MERIT-BASED PRINCIPLES FOR 
PERSONNEL
DECISIONS.—The Secretary shall make 
personnel decisions under the program in accordance 
with such objective, merit-based criteria as the Sec-
retary shall prescribe in regulations for purposes of 
the program. Such criteria shall include, but not be 
limited to, criteria applicable to the following:
635 
† HR 2647 EAS 
(A) The selection of individuals for entry 
into the program. 
(B) The assignment of participants in the 
program to positions in the Department of De-
fense. 
(C) The initial compensation of partici-
pants in the program. 
(D) The access of participants in the pro-
gram to training, mentoring, and educational 
opportunities under the program. 
(E) The consideration of participants in the 
program for selection into the senior manage-
ment, functional, and technical workforce of the 
Department. 
(7) CONSIDERATION FOR SENIOR MANAGEMENT, 
FUNCTIONAL, 
AND
TECHNICAL
WORKFORCE.—Any 
participant in the program who, as determined by the 
Secretary, demonstrates outstanding performance 
shall be afforded priority in consideration for selec-
tion into the appropriate element of the senior man-
agement, functional, and technical workforce of the 
Department of Defense (as set forth in section 1102(b) 
of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2407)).
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† HR 2647 EAS 
SEC. 1106. REVIEW OF DEFENSE LABORATORIES FOR PAR-
TICIPATION IN DEFENSE LABORATORY PER-
SONNEL DEMONSTRATION PROJECTS. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall undertake a review of defense laboratories not cur-
rently included in personnel demonstration projects author-
ized by section 342(b) of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 
2721), as amended by section 1114 of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106–398; 114 Stat. 
1654A–315), to determine whether or not any laboratory 
so reviewed would benefit from the extension to such labora-
tory of the personnel management flexibilities available 
under such section 342(b), as so amended. 
(b) COVERED LABORATORIES.—The laboratories cov-
ered by the review required by subsection (a) shall include, 
but not be limited to, the following: 
(1) Laboratories within the Army Research, De-
velopment, and Engineering Command. 
(2) Army Tank and Automotive Research, Devel-
opment, and Engineering Center. 
(3) Army Armament Research, Development, 
and Engineering Center. 
(4) Naval Air Warfare Center, Weapons Divi-
sion.
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† HR 2647 EAS 
(5) Naval Air Warfare Center, Aircraft Division. 
(6) Space and Naval Warfare Systems Center, 
Pacific. 
(7) Space and Naval Warfare Systems Center, 
Atlantic. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
shall submit to the appropriate committees of Con-
gress a report setting forth the results of the review 
required by subsection (a). 
(2) APPROPRIATE
COMMITTEES
OF
CONGRESS 
DEFINED.—In this subsection, the term ‘‘appropriate 
committees of Congress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Homeland Security and Govern-
mental Affairs, and the Committee on Appro-
priations of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Oversight and Government Re-
form, and the Committee on Appropriations of 
the House of Representatives.
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† HR 2647 EAS 
Subtitle B—Part-Time 
Reemployment of Annuitants 
SEC. 1161. SHORT TITLE. 
This subtitle may be cited as the ‘‘Part-Time Reem-
ployment of Annuitants Act of 2009’’. 
SEC. 1162. PART-TIME REEMPLOYMENT. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 
8344 of title 5, United States Code, is amended— 
(1) by redesignating subsection (l) as subsection 
(m); 
(2) by inserting after subsection (k) the fol-
lowing: 
‘‘(l)(1) For purposes of this subsection— 
‘‘(A) the term ‘head of an agency’ means— 
‘‘(i) the head of an Executive agency, other 
than the Department of Defense or the Govern-
ment Accountability Office; 
‘‘(ii) the head of the United States Postal 
Service; 
‘‘(iii) the Director of the Administrative Of-
fice of the United States Courts, with respect to 
employees of the judicial branch; and 
‘‘(iv) any employing authority described 
under subsection (k)(2), other than the Govern-
ment Accountability Office; and
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† HR 2647 EAS 
‘‘(B) the term ‘limited time appointee’ means an 
annuitant appointed under a temporary appointment 
limited to 1 year or less. 
‘‘(2) The head of an agency may waive the application 
of subsection (a) or (b) with respect to any annuitant who 
is employed in such agency as a limited time appointee, 
if the head of the agency determines that the employment 
of the annuitant is necessary to— 
‘‘(A) fulfill functions critical to the mission of 
the agency, or any component of that agency; 
‘‘(B) assist in the implementation or oversight of 
the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5) or the Troubled Asset Relief Pro-
gram under title I of the Emergency Economic Sta-
bilization Act of 2008 (12 U.S.C. 5201 et seq.); 
‘‘(C) assist in the development, management, or 
oversight of agency procurement actions; 
‘‘(D) assist the Inspector General for that agency 
in the performance of the mission of that Inspector 
General; 
‘‘(E) promote appropriate training or mentoring 
programs of employees; 
‘‘(F) assist in the recruitment or retention of em-
ployees; or
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† HR 2647 EAS 
‘‘(G) respond to an emergency involving a direct 
threat to life of property or other unusual cir-
cumstances. 
‘‘(3) The head of an agency may not waive the applica-
tion of subsection (a) or (b) with respect to an annuitant— 
‘‘(A) for more than 520 hours of service per-
formed by that annuitant during the period ending 6 
months following the individual’s annuity com-
mencing date; 
‘‘(B) for more than 1040 hours of service per-
formed by that annuitant during any 12-month pe-
riod; or 
‘‘(C) for more than a total of 3120 hours of serv-
ice performed by that annuitant. 
‘‘(4)(A) The total number of annuitants to whom a 
waiver by the head of an agency under this subsection or 
section 8468(i) applies may not exceed 2.5 percent of the 
total number of full-time employees of that agency. 
‘‘(B) If the total number of annuitants to whom a 
waiver by the head of an agency under this subsection or 
section 8468(i) applies exceeds 1 percent of the total number 
of full-time employees of that agency, the head of that agen-
cy shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate, the Committee on
641 
† HR 2647 EAS 
Oversight and Government Reform of the House of Rep-
resentatives, and the Office of Personnel Management— 
‘‘(i) a report with an explanation that justifies 
the need for the waivers in excess of that percentage; 
and 
‘‘(ii) not later than 180 days after submitting 
the report under clause (i), a succession plan. 
‘‘(5)(A) The Director of the Office of Personnel Man-
agement may promulgate regulations providing for the ad-
ministration of this subsection. 
‘‘(B) Any regulations promulgated under subpara-
graph (A) may— 
‘‘(i) provide standards for the maintenance 
and form of necessary records of employment 
under this subsection; 
‘‘(ii) to the extent not otherwise expressly 
prohibited by law, require employing agencies to 
provide records of such employment to the Office 
of Personnel Management or other employing 
agencies as necessary to ensure compliance with 
paragraph (3); 
‘‘(iii) authorize other administratively con-
venient periods substantially equivalent to 12 
months, such as 26 pay periods, to be used in de-
termining compliance with paragraph (3)(B);
642 
† HR 2647 EAS 
‘‘(iv) include such other administrative re-
quirements as the Director of the Office of Per-
sonnel Management may find appropriate to 
provide for the effective operation of, or to ensure 
compliance with, this subsection; and 
‘‘(v) encourage the training and mentoring 
of employees by any limited time appointee em-
ployed under this subsection. 
‘‘(6)(A) Any hours of training or mentoring of employ-
ees by any limited time appointee employed under this sub-
section shall not be included in the hours of service per-
formed for purposes of paragraph (3), but those hours of 
training or mentoring may not exceed 520 hours. 
‘‘(B) If the primary service performed by any limited 
time appointee employed under this subsection is training 
or mentoring of employees, the hours of that service shall 
be included in the hours of service performed for purposes 
of paragraph (3). 
‘‘(7) The authority of the head of an agency under this 
subsection to waive the application of subsection (a) or (b) 
shall terminate 5 years after the date of enactment of the 
Part-Time Reemployment of Annuitants Act of 2009.’’; and 
(3) in subsection (m) (as so redesignated)— 
(A) in paragraph (1), by striking ‘‘(k)’’ and 
inserting ‘‘(l)’’; and
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† HR 2647 EAS 
(B) in paragraph (2), by striking ‘‘or (k)’’ 
and inserting ‘‘(k), or (l)’’. 
(b) FEDERAL EMPLOYEE RETIREMENT SYSTEM.—Sec-
tion 8468 of title 5, United States Code, is amended— 
(1) by redesignating subsection (i) as subsection 
(j); 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i)(1) For purposes of this subsection— 
‘‘(A) the term ‘head of an agency’ means— 
‘‘(i) the head of an Executive agency, other 
than the Department of Defense or the Govern-
ment Accountability Office; 
‘‘(ii) the head of the United States Postal 
Service; 
‘‘(iii) the Director of the Administrative Of-
fice of the United States Courts, with respect to 
employees of the judicial branch; and 
‘‘(iv) any employing authority described 
under subsection (h)(2), other than the Govern-
ment Accountability Office; and 
‘‘(B) the term ‘limited time appointee’ means an 
annuitant appointed under a temporary appointment 
limited to 1 year or less.
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† HR 2647 EAS 
‘‘(2) The head of an agency may waive the application 
of subsection (a) with respect to any annuitant who is em-
ployed in such agency as a limited time appointee, if the 
head of the agency determines that the employment of the 
annuitant is necessary to— 
‘‘(A) fulfill functions critical to the mission of 
the agency, or any component of that agency; 
‘‘(B) assist in the implementation or oversight of 
the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5) or the Troubled Asset Relief Pro-
gram under title I of the Emergency Economic Sta-
bilization Act of 2008 (12 U.S.C. 5201 et seq.); 
‘‘(C) assist in the development, management, or 
oversight of agency procurement actions; 
‘‘(D) assist the Inspector General for that agency 
in the performance of the mission of that Inspector 
General; 
‘‘(E) promote appropriate training or mentoring 
programs of employees; 
‘‘(F) assist in the recruitment or retention of em-
ployees; or 
‘‘(G) respond to an emergency involving a direct 
threat to life of property or other unusual cir-
cumstances.
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‘‘(3) The head of an agency may not waive the applica-
tion of subsection (a) with respect to an annuitant— 
‘‘(A) for more than 520 hours of service per-
formed by that annuitant during the period ending 6 
months following the individual’s annuity com-
mencing date; 
‘‘(B) for more than 1040 hours of service per-
formed by that annuitant during any 12-month pe-
riod; or 
‘‘(C) for more than a total of 3120 hours of serv-
ice performed by that annuitant. 
‘‘(4)(A) The total number of annuitants to whom a 
waiver by the head of an agency under this subsection or 
section 8344(l) applies may not exceed 2.5 percent of the 
total number of full-time employees of that agency. 
‘‘(B) If the total number of annuitants to whom a 
waiver by the head of an agency under this subsection or 
section 8344(l) applies exceeds 1 percent of the total number 
of full-time employees of that agency, the head of that agen-
cy shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate, the Committee on 
Oversight and Government Reform of the House of Rep-
resentatives, and the Office of Personnel Management—
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‘‘(i) a report with an explanation that justifies 
the need for the waivers in excess of that percentage; 
and 
‘‘(ii) not later than 180 days after submitting 
the report under clause (i), a succession plan. 
‘‘(5)(A) The Director of the Office of Personnel Man-
agement may promulgate regulations providing for the ad-
ministration of this subsection. 
‘‘(B) Any regulations promulgated under subpara-
graph (A) may— 
‘‘(i) provide standards for the maintenance and 
form of necessary records of employment under this 
subsection; 
‘‘(ii) to the extent not otherwise expressly prohib-
ited by law, require employing agencies to provide 
records of such employment to the Office or other em-
ploying agencies as necessary to ensure compliance 
with paragraph (3); 
‘‘(iii) authorize other administratively conven-
ient periods substantially equivalent to 12 months, 
such as 26 pay periods, to be used in determining 
compliance with paragraph (3)(B); 
‘‘(iv) include such other administrative require-
ments as the Director of the Office of Personnel Man-
agement may find appropriate to provide for effective
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operation of, or to ensure compliance with, this sub-
section; and 
‘‘(v) encourage the training and mentoring of 
employees by any limited time appointee employed 
under this subsection. 
‘‘(6)(A) Any hours of training or mentoring of employ-
ees by any limited time appointee employed under this sub-
section shall not be included in the hours of service per-
formed for purposes of paragraph (3), but those hours of 
training or mentoring may not exceed 520 hours. 
‘‘(B) If the primary service performed by any limited 
time appointee employed under this subsection is training 
or mentoring of employees, the hours of that service shall 
be included in the hours of service performed for purposes 
of paragraph (3). 
‘‘(7) The authority of the head of an agency under this 
subsection to waive the application of subsection (a) shall 
terminate 5 years after the date of enactment of the Part- 
Time Reemployment of Annuitants Act of 2009.’’; and 
(3) in subsection (j) (as so redesignated)— 
(A) in paragraph (1), by striking ‘‘(h)’’ and 
inserting ‘‘(i)’’; and 
(B) in paragraph (2), by striking ‘‘or (h)’’ 
and inserting ‘‘(h), or (i)’’.
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(c) RULE OF CONSTRUCTION.—Nothing in the amend-
ments made by this section may be construed to authorize 
the waiver of the hiring preferences under chapter 33 of title 
5, United States Code in selecting annuitants to employ 
in an appointive or elective position. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 1005(d)(2) of title 39, United States Code, is 
amended— 
(1) by striking ‘‘(l)(2)’’ and inserting ‘‘(m)(2)’’; 
and 
(2) by striking ‘‘(i)(2)’’ and inserting ‘‘(j)(2)’’. 
SEC. 1163. GENERAL ACCOUNTABILITY OFFICE REPORT. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Comptroller General of 
the United States shall submit to the Committee on Home-
land Security and Governmental Affairs of the Senate and 
the Committee on Oversight and Government Reform of the 
House of Representatives a report regarding the use of the 
authority under the amendments made by section 1162. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall— 
(1) include the number of annuitants for whom 
a waiver was made under subsection (l) of section 
8344 of title 5, United States Code, as amended by 
this subtitle, or subsection (i) of section 8468 of title
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5, United States Code, as amended by this subtitle; 
and 
(2) identify each agency that used the authority 
described in paragraph (1). 
(c) AGENCY DATA.—Each head of an agency (as de-
fined under sections 8344(l)(1) and 8468(i)(1)(A) of title 
5, United States Code, as added by section 1162 of this sub-
title) shall— 
(1) collect and maintain data necessary for pur-
poses of the Comptroller General report submitted 
under subsection (a); and 
(2) submit to the Comptroller General that data 
as the Comptroller General requires in a timely fash-
ion. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and 
Training 
SEC. 1201. INCREASE IN UNIT COST THRESHOLD FOR PUR-
CHASES USING CERTAIN FUNDS UNDER THE 
COMBATANT COMMANDER INITIATIVE FUND. 
(a) INCREASE.— 
(1) IN GENERAL.—Subsection (e)(1)(A) of section 
166a of title 10, United States Code, is amended by 
striking ‘‘$15,000’’ and inserting ‘‘the investment
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unit threshold in effect under section 2245a of this 
title’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on October 1, 2009, 
and shall apply with respect to funds available under 
the Combatant Commander Initiative Fund for fiscal 
years that being on or after that date. 
(b) CLARIFYING AMENDMENTS.— 
(1) CLERICAL AMENDMENT.—The section head-
ing of such section is amended to read as follows: 
‘‘§ 166a. Combatant commands: funding through the 
Chairman of the Joint Chiefs of Staff 
from Combatant Commander Initiative 
Fund’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 6 of such title is amended 
by striking the item relating to section 166a and in-
serting the following new item: 
‘‘166a. Combatant commands: funding through the Chairman of the Joint Chiefs 
of Staff from Combatant Commander Initiative Fund.’’.
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SEC. 1202. AUTHORITY TO PROVIDE ADMINISTRATIVE SERV-
ICES AND SUPPORT TO COALITION LIAISON 
OFFICERS OF CERTAIN FOREIGN NATIONS AS-
SIGNED TO UNITED STATES JOINT FORCES 
COMMAND. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of sec-
tion 1051a of title 10, United States Code, is amended— 
(1) by striking ‘‘assigned temporarily’’ and in-
serting ‘‘assigned temporarily as follows:’’; 
(2) by designating the remainder of the text of 
that subsection as paragraph (1) and indenting that 
text two ems from the left margin; 
(3) in paragraph (1), as so designated, by strik-
ing ‘‘to the headquarters’’ and inserting ‘‘To the head-
quarters’’; and 
(4) by adding at the end the following new para-
graph: 
‘‘(2) To the headquarters of the combatant com-
mand assigned by the Secretary of Defense the mis-
sion of joint warfighting experimentation and joint 
forces training.’’. 
(b) EFFECTIVE DATE.—Paragraph (2) of section 
1051a(a) of title 10, United States Code (as added by sub-
section (a)), shall take effect on October 1, 2009, or the date 
of the enactment of this Act, whichever is later.
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SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO 
PROGRAM TO BUILD THE CAPACITY OF FOR-
EIGN MILITARY FORCES. 
(a) TEMPORARY LIMITATION ON AMOUNT FOR BUILD-
ING
CAPACITY
FOR
MILITARY
AND
STABILITY
OPER-
ATIONS.—Section 1206(c) of the National Defense Author-
ization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3456), as amended by section 1206 of the John War-
ner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364; 120 Stat. 2418) and section 
1206 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4625), is further amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) TEMPORARY LIMITATION ON AMOUNT FOR 
BUILDING CAPACITY TO PARTICIPATE IN OR SUPPORT 
MILITARY AND STABILITY OPERATIONS.—Of the funds 
used to carry out a program under subsection (a), not 
more than $75,000,000 may be used during fiscal 
year 2010, and not more than $75,000,000 may be 
used during fiscal year 2011, for purposes described 
in subsection (a)(1)(B).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2009, and shall 
apply with respect to programs under section 1206(a) of
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the National Defense Authorization Act for Fiscal Year 
2006 that begin on or after that date. 
SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORT-
ING REQUIREMENTS FOR USE OF AUTHORITY 
FOR SUPPORT OF SPECIAL OPERATIONS TO 
COMBAT TERRORISM. 
(a) NOTIFICATION.—Section 1208(c) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375; 118 Stat. 2086), as amended 
by section 1208(b) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4626), is further amended to read as follows: 
‘‘(c) NOTIFICATION.— 
‘‘(1) SUPPORT FOR FOREIGN FORCES.—The Sec-
retary of Defense shall notify the congressional defense 
committees expeditiously, and in any event not later 
than 48 hours, after— 
‘‘(A) using the authority provided in sub-
section (a) to make funds available for foreign 
forces in support of an approved military oper-
ation; or 
‘‘(B) changing the scope or funding level of 
any such support. 
‘‘(2) SUPPORT FOR IRREGULAR FORCES, GROUPS, 
OR INDIVIDUALS.—The Secretary of Defense may not
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exercise the authority provided in subsection (a) to 
make funds available for irregular forces or a group 
(other than foreign forces) or individual in support of 
an approved military operation, or change the scope 
or funding level of such support, until 72 hours after 
notifying the congressional defense committees of the 
use of such authority with respect to that operation 
or such change in scope or funding level. 
‘‘(3) CONTENT.—Notifications required under 
this subsection shall include the following informa-
tion: 
‘‘(A) The type of support provided or to be 
provided to United States special operations 
forces. 
‘‘(B) The type of support provided or to be 
provided to the recipient of the funds. 
‘‘(C) The intended duration of the support. 
‘‘(D) The amount obligated under the au-
thority to provide support.’’. 
(b) ANNUAL REPORT.—Section 1208(f) of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375; 118 Stat. 2086) is amend-
ed in the second sentence by striking ‘‘shall describe the sup-
port’’ and all that follows through the period at the end 
and inserting ‘‘shall include the following information:
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‘‘(1) A description of supported operations. 
‘‘(2) A summary of operations. 
‘‘(3) The type of recipients that received support, 
identified by authorized category (foreign forces, ir-
regular forces, groups, or individuals). 
‘‘(4) The total amount obligated in the previous 
fiscal year, including budget details. 
‘‘(5) The total amount obligated in prior fiscal 
years. 
‘‘(6) The intended duration of support. 
‘‘(7) A description of support or training pro-
vided to the recipients of support. 
‘‘(8) A value assessment of the operational sup-
port provided.’’. 
SEC. 1205. MODIFICATION OF AUTHORITY FOR REIMBURSE-
MENT OF CERTAIN COALITION NATIONS FOR 
SUPPORT 
PROVIDED 
TO 
UNITED 
STATES 
MILITARY OPERATIONS. 
(a) EXPANSION OF AUTHORITY.—Section 1233 of the 
National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 393) is amended— 
(1) by redesignating subsections (b), (c), and (d) 
as subsections (c), (d), and (e), respectively; and 
(2) by striking subsection (a) and inserting the 
following new subsections:
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‘‘(a) REIMBURSEMENT.— 
‘‘(1) IN GENERAL.—Using applicable funds re-
ferred to in paragraph (2), the Secretary of Defense 
may reimburse any key cooperating nation for the fol-
lowing: 
‘‘(A) During fiscal year 2008, logistical and 
military support provided by that nation to or 
in connection with United States military oper-
ations in Operation Iraqi Freedom or Operation 
Enduring Freedom. 
‘‘(B) During fiscal year 2010, logistical, 
military, and other support, including access, 
provided by that nation to or in connection with 
United States military operations described in 
subparagraph (A). 
‘‘(2) COVERED FUNDS.—The funds referred to in 
this subsection are the following: 
‘‘(A) For purposes of paragraph (1)(A), 
amounts authorized to be appropriated for fiscal 
year 2008 by section 1508 for operation and 
maintenance. 
‘‘(B) For purposes of paragraph (1)(B), 
amounts authorized to be appropriated for fiscal 
year 2010 by section 1507(5) for operation and 
maintenance, Defense-wide activities.
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‘‘(b) OTHER SUPPORT.—Using funds described in sub-
section (a)(2)(B), the Secretary of Defense may also assist 
any key cooperating nation supporting United States mili-
tary operations in Operation Iraqi Freedom or Operation 
Enduring Freedom in Afghanistan through the following: 
‘‘(1) The provision of specializing training to 
personnel of that nation in connection with such op-
erations, including training of such personnel before 
deployment in connection with such operations. 
‘‘(2) The procurement and provision of supplies 
to that nation in connection with such operations. 
‘‘(3) The procurement of specialized equipment 
and the loaning of such specialized equipment to that 
nation on a non-reimbursable basis in connection 
with such operations.’’. 
(b) AMOUNTS OF SUPPORT.—Paragraph (2) of sub-
section (c) of such section, as redesignated by subsection 
(a)(1) of this section, is amended to read as follows: 
‘‘(2) SUPPORT.—Support authorized by sub-
section (b) may be provided in such amounts as the 
Secretary of Defense, with the concurrence of the Sec-
retary of State and in consultation with the Director 
of the Office of Management and Budget, considers 
appropriate.’’.
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(c) LIMITATIONS ON AMOUNTS DURING FISCAL YEAR 
2010.—Paragraph (1) of subsection (d) of such section, as 
so redesignated, is amended to read as follows: 
‘‘(1) LIMITATIONS ON AMOUNTS.—(A) The total 
amount of reimbursements made under the authority 
in subsection (a) during fiscal year 2008 may not ex-
ceed $1,200,000,000. 
‘‘(B) The aggregate amount of reimbursements 
made under subsection (a) and support provided 
under subsection (b) during fiscal year 2010 may not 
exceed $1,600,000,000.’’. 
(d) NOTICE TO CONGRESS.—Subsection (e) of such sec-
tion, as so redesignated, is amended by striking ‘‘shall— 
’’ and all that follows and inserting ‘‘shall notify the con-
gressional defense committees not later than 15 days before 
making any reimbursement under the authority in sub-
section (a) or providing any support under the authority 
in subsection (b).’’. 
(e) REPORTS.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(f) REPORTS.—The Secretary of Defense shall submit 
to the congressional defense committees on a quarterly basis 
a report on any reimbursements made under the authority 
in subsection (a), and any support provided under the au-
thority in subsection (b), during such quarter.’’.
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(f) EXTENSION OF NOTICE ON REIMBURSEMENT OF 
PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Sec-
tion 1232(b)(6) of the National Defense Authorization Act 
for Fiscal Year 2008 (122 Stat. 393), as amended by section 
1217 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4634), is further amended by striking ‘‘September 30, 2010’’ 
and inserting ‘‘September 30, 2011’’. 
SEC. 1206. ONE-YEAR EXTENSION AND EXPANSION OF COM-
MANDERS’ EMERGENCY RESPONSE PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Commanders’ Emergency Response Pro-
gram provides United States military commanders in 
theater a valuable tool for accomplishing the counter-
insurgency mission in Iraq and Afghanistan by ena-
bling military commanders to fund urgent humani-
tarian relief and reconstruction requirements by car-
rying out programs that will immediately assist the 
people of those countries; and 
(2) United States military commanders utilizing 
Commanders’ Emergency Response Program funds in 
Afghanistan, and Provincial Reconstruction Teams in 
Afghanistan using such funds or other United States 
humanitarian or reconstruction assistance, should
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† HR 2647 EAS 
whenever possible coordinate the funding of projects 
with local councils, particularly Community Develop-
ment Councils established under the Afghanistan Na-
tional Solidarity Program, and take actions that pro-
mote the importance and effectiveness of local and na-
tional government entities. 
(b) ONE-YEAR EXTENSION OF AUTHORITY.— 
(1) AUTHORITY FOR FISCAL YEAR 2010.—Sub-
section (a) of section 1202 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 119 Stat. 3455), as amended by section 
1205 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
366) and section 1214 of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4630), is further 
amended— 
(A) in the subsection heading, by striking 
‘‘FISCAL YEARS 2008 AND 2009’’ and inserting 
‘‘FISCAL YEAR 2010’’; 
(B) by striking ‘‘each of fiscal years 2008 
and 2009’’ and inserting ‘‘fiscal year 2010’’; 
(C) by striking ‘‘for such fiscal year’’; and
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(D) by striking ‘‘$1,700,000,000 in fiscal 
year 2008 and $1,500,000,000 in fiscal year 
2009’’ and inserting ‘‘$1,400,000,000’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on October 1, 2009. 
(c) EXTENSION OF DUE DATE FOR QUARTERLY RE-
PORTS.—Subsection (b)(1) of such section is amended— 
(1) by striking ‘‘15 days’’ and inserting ‘‘30 
days’’; and 
(2) by striking ‘‘fiscal years 2008 and 2009’’ and 
inserting ‘‘any fiscal year during which the authority 
under subsection (a) is in effect’’. 
(d) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT 
OF AFGHANISTAN NATIONAL SOLIDARITY PROGRAM.—Such 
section is further amended— 
(1) by redesignating subsection (g) as subsection 
(h); and 
(2) by inserting after subsection (f) the following 
new subsection (g): 
‘‘(g) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT 
OF AFGHANISTAN NATIONAL SOLIDARITY PROGRAM.— 
‘‘(1) AUTHORITY.—If the Secretary of Defense 
determines that the use of Commanders’ Emergency 
Response Program funds to support the Afghanistan 
National Solidarity Program would enhance counter-
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insurgency operations or stability operations in Af-
ghanistan, the Secretary of Defense may transfer 
funds, from amounts available for the Commanders’ 
Emergency Response Program for fiscal year 2010, to 
the Secretary of State for purposes of supporting the 
Afghanistan National Solidarity Program. 
‘‘(2) 
LIMITATION.—The 
amount 
of 
funds 
transferrable under paragraph (1) may not exceed 
$100,000,000. 
‘‘(3) CONGRESSIONAL NOTIFICATION.—Not later 
than 15 days before transferring funds under para-
graph (1), the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth 
the Secretary’s determination pursuant to paragraph 
(1) and a description of the amount of funds to be 
transferred under that paragraph.’’. 
(e) TECHNICAL AMENDMENTS.—Subsections (e)(1) and 
(f)(1) of such section are amended by striking ‘‘the date of 
the enactment of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009’’ and inserting ‘‘Octo-
ber 14, 2008,’’. 
SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SECU-
RITY AND STABILIZATION ASSISTANCE. 
Section 1207(g) of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat.
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† HR 2647 EAS 
3458), as amended by section 1210 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 369) and section 1207 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4625), is further amended 
by striking ‘‘September 30, 2009’’ and inserting ‘‘September 
30, 2010’’. 
SEC. 1208. AUTHORITY FOR NON-RECIPROCAL EXCHANGES 
OF 
DEFENSE 
PERSONNEL 
BETWEEN 
THE 
UNITED STATES AND FOREIGN COUNTRIES. 
(a) AUTHORITY TO ENTER INTO NON-RECIPROCAL 
INTERNATIONAL EXCHANGE AGREEMENTS.— 
(1) IN GENERAL.—The Secretary of Defense may 
enter into non-reciprocal international defense per-
sonnel exchange agreements. 
(2) INTERNATIONAL
DEFENSE
PERSONNEL
EX-
CHANGE
AGREEMENTS
DEFINED.—For purposes of 
this section, an international defense personnel ex-
change agreement is an agreement with the govern-
ment of an ally of the United States or another 
friendly foreign country for the exchange of military 
and civilian personnel of the defense ministry of that 
foreign government. 
(b) ASSIGNMENT OF PERSONNEL.—
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(1) IN GENERAL.—Pursuant to a non-reciprocal 
international defense personnel exchange agreement, 
personnel of the defense ministry of a foreign govern-
ment may be assigned to positions in the Department 
of Defense. 
(2) MUTUAL AGREEMENT REQUIRED.—An indi-
vidual may not be assigned to a position pursuant to 
a non-reciprocal international defense personnel ex-
change agreement unless the assignment is acceptable 
to both governments. 
(c) PAYMENT OF PERSONNEL COSTS.— 
(1) IN GENERAL.—The foreign government with 
which the United States has entered into a non-recip-
rocal international defense personnel exchange agree-
ment shall pay the salary, per diem, cost of living, 
travel costs, cost of language or other training, and 
other costs for its personnel in accordance with the 
applicable laws and regulations of such government. 
(2) EXCLUDED COSTS.—Paragraph (1) does not 
apply to the following costs: 
(A) The cost of training programs con-
ducted to familiarize, orient, or certify exchanged 
personnel regarding unique aspects of the assign-
ments of the exchanged personnel.
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(B) Costs incident to the use of facilities of 
the United States Government in the perform-
ance of assigned duties. 
(d) PROHIBITED
CONDITIONS.—No personnel ex-
changed pursuant to a non-reciprocal agreement under this 
section may take or be required to take an oath of allegiance 
or to hold an official capacity in the government. 
(e) DURATION OF AUTHORITY.—The authority under 
this section shall expire on December 31, 2011. 
SEC. 1209. DEFENSE COOPERATION BETWEEN THE UNITED 
STATES AND IRAQ. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) As United States forces continue their rede-
ployment from Iraq, the quality of the Iraqi Security 
Forces and the nature of their training and equip-
ment will play an increasingly important role. 
(2) Despite the decrease in violence in Iraq, Iraq 
continues to face formidable threats to its national se-
curity. 
(3) There are many benefits to the United States 
and Iraq resulting from the strategic relationship that 
exists between the two nations. 
(4) Enhancing the capabilities of the Iraqi Secu-
rity Forces and strengthening the defense cooperation
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between the United States and Iraq will help ensure 
that Iraq has the military strength and political sup-
port necessary to enhance its internal and regional 
security. 
(b) AVAILABILITY OF PROFESSIONAL MILITARY EDU-
CATION FOR IRAQ SECURITY FORCES.—The Secretary of 
Defense shall endeavor to increase the number of positions 
in professional military education courses, including 
courses at command and general staff colleges, war colleges, 
and the service academies, that are made available annu-
ally to personnel of the security forces of the Government 
of Iraq. 
SEC. 1210. REPORT ON ALTERNATIVES TO USE OF ACQUISI-
TION AND CROSS-SERVICING AGREEMENTS 
TO LEND MILITARY EQUIPMENT FOR PER-
SONNEL PROTECTION AND SURVIVABILITY. 
(a) REPORT REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the congressional defense committees 
a report setting forth and assessing various alternatives to 
the use of acquisition and cross-servicing agreements pursu-
ant to the temporary authority in section 1202 of the John 
Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364; 120 Stat. 2412), as amended 
by section 1252 of the National Defense Authorization Act
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for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 402), 
for purposes of lending covered military equipment to mili-
tary forces of nations as follows: 
(1) A nation participating in combined oper-
ations with the United States in Iraq and Afghani-
stan. 
(2) A nation participating in combined oper-
ations with the United States as part of a peace-
keeping operation under the Charter of the United 
Nations or another international agreement. 
(b) COVERED MILITARY EQUIPMENT DEFINED.—In 
this section, the term ‘‘covered military equipment’’ has the 
meaning given that term in section 1202(d)(1) of the John 
Warner National Defense Authorization Act for Fiscal Year 
2007. 
SEC. 1211. ENSURING IRAQI SECURITY THROUGH DEFENSE 
COOPERATION 
BETWEEN 
THE 
UNITED 
STATES AND IRAQ. 
The President may treat an undertaking by the Gov-
ernment of Iraq that is made between the date of the enact-
ment of this Act and December 31, 2011, as a dependable 
undertaking described in section 22(a) of the Arms Export 
Control Act (22 U.S.C. 2762(a)) for purposes of entering 
into contracts for the procurement of defense articles and 
defense services as provided for in that section.
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† HR 2647 EAS 
SEC. 1212. AVAILABILITY OF APPROPRIATED FUNDS FOR 
THE STATE PARTNERSHIP PROGRAM. 
(a) AVAILABILITY
OF APPROPRIATED FUNDS.—The 
Secretary of Defense may, under regulations prescribed by 
the Secretary, use funds appropriated to the Department 
of Defense for fiscal year 2010 to pay the costs incurred 
by the National Guard (including the costs of pay and al-
lowances of members of the National Guard) in conducting 
activities under the State Partnership Program— 
(1) to support the objectives of the commander of 
the combatant command for the theater of operations 
in which such activities are conducted; or 
(2) to build international civil-military partner-
ships and capacity on matters relating to defense and 
security. 
(b) LIMITATIONS.— 
(1) APPROVAL BY COMMANDER OF COMBATANT 
COMMAND AND CHIEF OF MISSION.—Funds shall not 
be available under subsection (a) for activities con-
ducted under the State Partnership Program in a for-
eign country unless such activities are jointly ap-
proved by the commander of the combatant command 
concerned and the chief of mission concerned. 
(2) PARTICIPATION BY MEMBERS.—Funds shall 
not be available under subsection (a) for the partici-
pation of a member of the National Guard in activi-
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ties conducted under the State Partnership Program 
in a foreign country unless the member is on active 
duty in the Armed Forces at the time of such partici-
pation. 
(c) REIMBURSEMENT.—In the event of the participa-
tion of personnel of a department or agency of the United 
States Government (other than the Department of Defense) 
in activities for which payment is made under subsection 
(a), the head of such department or agency shall reimburse 
the Secretary of Defense for the costs associated with the 
participation of such personnel in such activities. Amounts 
reimbursed the Department of Defense under this subsection 
shall be deposited in the appropriation or account from 
which amounts for the payment concerned were derived. 
Any amounts so deposited shall be merged with amounts 
in such appropriation or account, and shall be available 
for the same purposes, and subject to the same conditions 
and limitations, as amounts in such appropriation or ac-
count. 
SEC. 1213. AUTHORITY TO TRANSFER DEFENSE ARTICLES 
AND PROVIDE DEFENSE SERVICES TO THE 
MILITARY AND SECURITY FORCES OF IRAQ 
AND AFGHANISTAN. 
(a) AUTHORITY.—The President is authorized to 
transfer defense articles from the stocks of the Department
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of Defense, and to provide defense services in connection 
with the transfer of such defense articles, to— 
(1) the military and security forces of Iraq to 
support the efforts of those forces to restore and main-
tain peace and security in that country; and 
(2) the military and security forces of Afghani-
stan to support the efforts of those forces to restore 
and maintain peace and security in that country. 
(b) LIMITATIONS.— 
(1) VALUE.—The aggregate replacement value of 
all defense articles transferred and defense services 
provided under subsection (a) may not exceed 
$500,000,000. 
(2) SOURCE OF TRANSFERRED DEFENSE ARTI-
CLES.—The authority under subsection (a) may only 
be used for defense articles that— 
(A) immediately before the transfer were in 
use to support operations in Iraq; 
(B) were present in Iraq as of the date of 
enactment of this Act; and 
(C) are no longer required by United States 
forces in Iraq. 
(c) APPLICABLE LAW.—Any defense articles trans-
ferred or defense services provided to Iraq or Afghanistan 
under the authority of subsection (a) shall be subject to the
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authorities and limitations applicable to excess defense arti-
cles under section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j), other than the authorities and limita-
tions contained in subsections (b)(1)(B), (e), (f), and (g) 
of such section. 
(d) REPORT.— 
(1) IN GENERAL.—The President may not exer-
cise the authority under subsection (a) until 30 days 
after the Secretary of Defense, with the concurrence of 
the Secretary of State, provides the appropriate con-
gressional committees a report on the plan for the dis-
position of equipment and other property of the De-
partment of Defense in Iraq. 
(2) ELEMENTS OF REPORT.—The report required 
under paragraph (1) shall include the following ele-
ments: 
(A) An assessment of— 
(i) the types and quantities of defense 
articles required by the military and secu-
rity forces of Iraq to support the efforts of 
those military and security forces to restore 
and maintain peace and security in Iraq; 
and 
(ii) the types and quantities of defense 
articles required by the military and secu-
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rity forces of Afghanistan to support the ef-
forts of those military and security forces to 
restore and maintain peace and security in 
Afghanistan. 
(B) A description of the authorities avail-
able for addressing the requirements identified in 
subparagraph (A). 
(C) A description of the process for 
inventorying equipment and property, including 
defense articles, in Iraq owned by the Depart-
ment of Defense, including equipment and prop-
erty owned by the Department of Defense and 
under the control of contractors in Iraq. 
(D) A description of the types of defense ar-
ticles that the Department of Defense intends to 
transfer to the military and security forces of 
Iraq and an estimate of the quantity of such de-
fense articles to be transferred. 
(E) A description of the process by which 
potential requirements for defense articles to be 
transferred under the authority provided in sub-
section (a), other than the requirements of the se-
curity forces of Iraq or Afghanistan, are identi-
fied and the mechanism for resolving any poten-
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tial conflicting requirements for such defense ar-
ticles. 
(F) A description of the plan, if any, for re-
imbursing military departments from which 
non-excess defense articles are transferred under 
the authority provided in subsection (a). 
(G) An assessment of the efforts by the Gov-
ernment of Iraq to identify the requirements of 
the military and security forces of Iraq for de-
fense articles to support the efforts of those forces 
to restore and maintain peace and security in 
that country. 
(H) An assessment of the ability of the Gov-
ernments of Iraq and Afghanistan to absorb the 
costs associated with possessing and using the de-
fense articles to be transferred. 
(I) A description of the steps taken by the 
Government of Iraq to procure or acquire defense 
articles to meet the requirements of the military 
and security forces of Iraq, including through 
military sales from the United States. 
(e) NOTIFICATION.— 
(1) IN GENERAL.—The President may not trans-
fer defense articles or provide defense services under 
subsection (a) until 15 days after the date on which
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the President has provided notice of the proposed 
transfer of defense articles or provision of defense 
services to the appropriate congressional committees. 
(2) CONTENTS.—Such notification shall in-
clude— 
(A) a description of the amount and type of 
each defense article to be transferred or defense 
services to be provided; 
(B) a statement describing the current value 
of such article and the estimated replacement 
value of such article; 
(C) an identification of the military depart-
ment from which the defense articles being trans-
ferred are drawn; 
(D) an identification of the element of the 
military or security force that is the proposed re-
cipient of each defense article to be transferred or 
defense service to be provided; 
(E) an assessment of the impact of the 
transfer on the national technology and indus-
trial base and, particularly, the impact on op-
portunities of entities in the national technology 
and industrial base to sell new or used equip-
ment to the countries to which such articles are 
to be transferred; and
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(F) a certification by the President that— 
(i) the Secretary of Defense has deter-
mined that— 
(I) the defense articles to be trans-
ferred are no longer required by United 
States forces in Iraq; 
(II) the proposed transfer of such 
defense articles will not adversely im-
pact the military preparedness of the 
United States; 
(III) 
immediately 
before 
the 
transfer, the defense articles to be 
transferred were being used to support 
operations in Iraq; 
(IV) the defense articles to be 
transferred were present in Iraq as of 
the date of enactment of this Act; and 
(V) the defense articles to be 
transferred are required by the mili-
tary and security forces of Iraq or the 
military and security forces of Afghan-
istan, as applicable, to build their ca-
pacity to restore and maintain peace 
and security in their country;
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(ii) the government of the recipient 
country has agreed to accept and take pos-
session of the defense articles to be trans-
ferred and to receive the defense services in 
connection with that transfer; and 
(iii) the proposed transfer of such de-
fense articles and the provision of defense 
services in connection with such transfer is 
in the national interest of the United 
States. 
(f) QUARTERLY REPORT.—Not later than 90 days 
after the date of the report provided under subsection (d), 
and every 90 days thereafter during fiscal year 2010, the 
Secretary of Defense shall report to the appropriate congres-
sional committees on the implementation of the authority 
under subsection (a). The report shall include the replace-
ment value of defense articles transferred pursuant to sub-
section (a), both in the aggregate and by military depart-
ment, and services provided to Iraq and Afghanistan dur-
ing the previous 90 days. 
(g) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means—
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(A) the Committee on Appropriations, the 
Committee on Armed Services, and the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives; and 
(B) the Committee on Appropriations, the 
Committee on Armed Services, and the Com-
mittee on Foreign Relations of the Senate. 
(2) DEFENSE ARTICLES.—The term ‘‘defense ar-
ticles’’ has the meaning given the term in section 
644(d) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2403(d)). 
(3) DEFENSE
SERVICES.—The term ‘‘defense 
services’’ has the meaning given the term in section 
644(f) of such Act (22 U.S.C. 2403(f)). 
(4) MILITARY AND SECURITY FORCES.—The term 
‘‘military and security forces’’ means national ar-
mies, national air forces, national navies, national 
guard forces, police forces and border security forces, 
but does not include non-governmental or irregular 
forces (such as private militias). 
(h) EXPIRATION.—The authority provided under sub-
section (a) may not be exercised after September 30, 2010. 
(i) EXCESS DEFENSE ARTICLES.— 
(1) ADDITIONAL
AUTHORITY.—The authority 
provided by subsection (a) is in addition to the au-
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thority provided by Section 516 of the Foreign Assist-
ance Act of 1961. 
(2) AGGREGATE VALUE.—The value of excess de-
fense articles transferred to Iraq during fiscal year 
2010 pursuant to Section 516 of the Foreign Assist-
ance Act of 1961 shall not be counted against the lim-
itation on the aggregate value of excess defense arti-
cles transferred contained in subsection (g) of such 
Act. 
SEC. 1214. CERTIFICATION REQUIREMENT FOR COALITION 
SUPPORT FUND REIMBURSEMENTS. 
Section 1232(b) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
392), as amended by section 1217 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4634), is amended— 
(1) in paragraph (1)(A), by striking ‘‘the Sec-
retary of Defense shall submit’’ and inserting ‘‘the 
Secretary of Defense, after consultation with the Sec-
retary of State, shall submit’’; and 
(2) in paragraph (2)— 
(A) by redesignating subparagraphs (A), 
(B), and (C) as clauses (i), (ii), and (iii), respec-
tively, and indenting each clause, as so redesig-
nated, 6 ems from the left margin;
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(B) by striking ‘‘shall include an itemized 
description’’ and inserting the following: ‘‘shall 
include the following: 
‘‘(A) An itemized description’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) A certification that the reimburse-
ment— 
‘‘(i) is consistent with the national se-
curity interests of the United States; and 
‘‘(ii) will not adversely impact the bal-
ance of power in the region.’’. 
Subtitle B—Reports 
SEC. 1221. REPORT ON UNITED STATES ENGAGEMENT WITH 
IRAN. 
(a) IN GENERAL.—Not later than January 31, 2010, 
the President shall submit to Congress a report on United 
States engagement with Iran. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) DIPLOMATIC ENGAGEMENT.—With respect to 
diplomatic engagement, the following: 
(A) A description of areas of mutual inter-
est to the Government of the United States and 
the Government of the Islamic Republic of Iraq
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in which cooperation and discussion could be of 
mutual interest. 
(B) A discussion and assessment of the com-
mitment of the Government of the Islamic Re-
public of Iran to engage in good-faith discussions 
with the United States to resolve matters of con-
cern through negotiation. 
(2) SUPPORT
FOR
TERRORISM
AND
EXTRE-
MISM.—With respect to support for terrorism and ex-
tremism, an assessment of the extent to which the 
Government of the Islamic Republic of Iran has sup-
ported or provided weapons, training, funding, or 
any other type of support or assistance for any des-
ignated Foreign Terrorist Organization as well as re-
gional militant groups, and specific assessments of the 
support provided by the Government of the Islamic 
Republic of Iran, or agencies under that government, 
for insurgents or other militant groups in Iraq and 
Afghanistan. 
(3) NUCLEAR ACTIVITIES.—With respect to nu-
clear activities, an assessment of the extent to which 
the Government of the Islamic Republic of Iran has— 
(A) complied with United Nations Security 
Council Resolutions 1696 (2006), 1737 (2006), 
1747 (2007), 1803 (2008), and 1835 (2008), and
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with any other applicable Resolutions adopted 
by the United Nations Security Council as of the 
date of the report; 
(B) cooperated with the International 
Atomic Energy Agency (IAEA), including ful-
filling all requests of that Agency for access to 
information, documentation, locations, and indi-
viduals; 
(C) ratified and implemented the Addi-
tional Protocol to Iran’s Safeguards Agreement 
with the International Atomic Energy Agency, 
as requested by the Board of Governors of the 
International Atomic Energy Agency and the 
United Nations Security Council; and 
(D) committed to stop uranium enrichment 
activities and forego the reprocessing of spent 
fuel, the production of heavy water, and the 
weaponization of fissile materials on a perma-
nent basis. 
(4) MISSILE ACTIVITIES.—With respect to mis-
sile activities, an assessment of the extent to which the 
Government of the Islamic Republic of Iran has con-
tinued development of its ballistic missile program, 
including participation in any imports or exports of 
any items, materials, goods, and technologies related
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to that program and has complied with United Na-
tions Security Council Resolutions 1696, 1737, 1747, 
1803, and 1835, as required by the United Nations 
Security Council. 
(5) SUPPORT TO ILLEGAL NARCOTICS NETWORK 
IN AFGHANISTAN.—With respect to support to the ille-
gal narcotics network in Afghanistan, an assessment 
of the extent to which the Government of the Islamic 
Republic of Iran, or agencies under that government, 
has or have supported or facilitated the illegal nar-
cotics trade in Afghanistan. 
(6) SANCTIONS AGAINST IRAN.—With regard to 
sanctions against Iran— 
(A) a list of all current United States bilat-
eral and multilateral sanctions against Iran; 
(B) a description and discussion of United 
States diplomatic efforts to enforce bilateral and 
multilateral sanctions against Iran and to 
strengthen international efforts to enforce such 
sanctions; 
(C) an assessment of the impact and effec-
tiveness of existing bilateral and multilateral 
sanctions against Iran in achieving United 
States goals;
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(D) a list of all United States and foreign 
registered entities which the Secretary of State 
has determined to be in violation of existing 
United States bilateral or multilateral sanctions 
against Iran; 
(E) a detailed description of United States 
efforts to enforce sanctions against Iran, includ-
ing— 
(i) a list of all investigations initiated 
in the 18-month period ending on the date 
of the enactment of this Act that have re-
sulted in a determination that a violation 
of sanctions against Iran has occurred; and 
(ii) a description of the actions taken 
by the United States Government pursuant 
to each such determination; and 
(F) a description of bilateral and multilat-
eral sanctions against Iran that are under con-
sideration, an assessment whether such addi-
tional sanctions against Iran would be effective, 
and, if so, a description of the actions being un-
dertaken to pursue such additional sanctions. 
(c) SUBMITTAL IN CLASSIFIED FORM.—The report re-
quired by subsection (a), or any part of such report, may
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be submitted in classified form if the President considers 
it appropriate. 
SEC. 1222. REPORT ON CUBA AND CUBA’S RELATIONS WITH 
OTHER COUNTRIES. 
Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence shall pro-
vide to the defense and intelligence committees of the Con-
gress a report addressing the following: 
(1) The cooperative agreements and relationships 
that Cuba has with Iran, North Korea, and other 
states suspected of nuclear proliferation. 
(2) A detailed account of the economic support 
provided by Venezuela to Cuba and the intelligence 
and other support that Cuba provides to the govern-
ment of Hugo Chavez. 
(3) A review of the evidence of relationships be-
tween the Cuban government or any of its components 
with drug cartels or involvement in other drug traf-
ficking activities. 
(4) The status and extent of Cuba’s clandestine 
activities in the United States. 
(5) The extent and activities of Cuban support 
for governments in Venezuela, Bolivia, Ecuador, Cen-
tral America, and the Caribbean.
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(6) The status and extent of Cuba’s research and 
development program for biological weapons produc-
tion. 
(7) The status and extent of Cuba’s cyberwarfare 
program. 
SEC. 1223. REPORT ON VENEZUELA. 
Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence shall pro-
vide to the defense and intelligence committees of the Con-
gress a report addressing the following: 
(1) An inventory of all weapons purchases by, 
and transfers to, the government of Venezuela and 
Venezuela’s transfers to other countries since 1998, 
particularly purchases and transfers of missiles, 
ships, submarines, and any other advanced systems. 
The report shall include an assessment of whether 
there is accountability of the purchases and transfers 
with respect to the end-use and diversion of such ma-
teriel to popular militias, other governments, or irreg-
ular armed forces. 
(2) The mining and shipping of Venezuelan ura-
nium to Iran, North Korea, and other states suspected 
of nuclear proliferation. 
(3) The extent to which Hugo Chavez and other 
Venezuelan officials and supporters of the Venezuelan
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government provide political counsel, collaboration, 
financial ties, refuge, and other forms of support, in-
cluding military materiel, to the Revolutionary 
Armed Forces of Colombia (FARC). 
(4) The extent to which Hugo Chavez and other 
Venezuelan officials provide funding, logistical and 
political support to the Islamist terrorist organization 
Hezbollah. 
(5) Deployment of Venezuelan security or intel-
ligence personnel to Bolivia, including any role such 
personnel have in suppressing opponents of the gov-
ernment of Bolivia. 
(6) Venezuela’s clandestine material support for 
political movements and individuals throughout the 
Western Hemisphere with the objective of influencing 
the internal affairs of nations in the Western Hemi-
sphere. 
(7) Efforts by Hugo Chavez and other officials or 
supporters of the Venezuelan government to convert or 
launder funds that are the property of Venezuelan 
government agencies, instrumentalities, parastatals, 
including Petroleos de Venezuela, SA (PDVSA). 
(8) Covert payments by Hugo Chavez or officials 
or supporters of the Venezuelan government to foreign 
political candidates, government officials, or officials
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† HR 2647 EAS 
of international organizations for the purpose of in-
fluencing the performance of their official duties. 
SEC. 1224. REPORT ON MILITARY POWER OF IRAN. 
(a) BIENNIAL REPORT.—Not later than March 31, 
2010, and in each even-numbered year thereafter until 
2020, the Secretary of Defense shall submit to Congress a 
report, in both classified and unclassified form, on the cur-
rent and future military strategy of the Islamic Republic 
of Iran. The report shall address the current and probable 
future course of military developments on the Army, Air 
Force, Navy, and Revolutionary Guard Corps of the Islamic 
Republic of Iran. 
(b) MATTERS TO BE INCLUDED.—The report required 
under subsection (a) shall include the following elements: 
(1) As assessment of the grand strategy, security 
strategy, and military strategy of the Government of 
the Islamic Republic of Iran, including the following: 
(A) The goals of the grand strategy, security 
strategy, and military strategy. 
(B) Aspects of the strategies that would be 
designed to establish Iran as the leading power 
in the Middle East and to enhance the influence 
of Iran in other regions of the world. 
(C) The security situation in the Persian 
Gulf and the Levant.
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(D) Iranian strategy regarding other coun-
tries in the Middle East region. 
(2) An assessment of the capabilities of the con-
ventional forces of the Government of the Islamic Re-
public of Iran, including the following: 
(A) The size, location, and capabilities of 
the conventional forces. 
(B) A detailed analysis of the conventional 
forces of the Government of the Islamic Republic 
of Iran facing United States forces in the region 
and other countries in the Middle East region. 
(C) An estimate of the funding provided for 
each branch of the conventional forces of the Gov-
ernment of the Islamic Republic of Iran. 
(3) An assessment of the unconventional forces of 
the Government of the Islamic Republic of Iran, in-
cluding the following: 
(A) The size and capability of special oper-
ations units, including the Iranian Revolu-
tionary Guard Corps-Quds Force. 
(B) The types and amount of support pro-
vided to groups designated by the United States 
as terrorist organizations in particular those 
forces that have been assessed as willing to carry
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out terrorist operations on behalf of the Islamic 
Republic of Iran. 
(C) A detailed analysis of the unconven-
tional forces of the Government of the Islamic 
Republic of Iran and their implications for the 
United States and other countries in the Middle 
East region. 
(D) An estimate of the amount of funds 
spent by the Government of the Islamic Republic 
of Iran to develop and support special operations 
forces and terrorist groups. 
(c) DEFINITIONS.—In this section: 
(1) CONVENTIONAL
FORCES
OF
THE
GOVERN-
MENT OF IRAN.—The term ‘‘conventional forces of the 
Government of the Islamic Republic of Iran’’— 
(A) means military forces of the Islamic Re-
public of Iran designed to conduct operations on 
sea, air, or land, other than Iran’s unconven-
tional forces and Iran’s strategic missile forces; 
and 
(B) includes Iran’s Army, Iran’s Air Force, 
Iran’s Navy, and elements of the Iranian Revo-
lutionary Guard Corps, other than the Iranian 
Revolutionary Guard Corps-Quds Force.
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(2) MIDDLE EAST REGION.—The term ‘‘Middle 
East region’’ means— 
(A) the countries within the area of respon-
sibility of United States Central Command; and 
(B) the countries within the area covered by 
the Bureau of Near Eastern Affairs of the De-
partment of State. 
(3) UNCONVENTIONAL FORCES OF THE GOVERN-
MENT OF IRAN.—The term ‘‘unconventional forces of 
the Government of the Islamic Republic of Iran’’— 
(A) means forces of the Islamic Republic of 
Iran that carry out missions typically associated 
with special operations forces; and 
(B) includes— 
(i) the Iranian Revolutionary Guard 
Corps-Quds Force; and 
(ii) any organization that— 
(I) has been designated a terrorist 
organization by the United States; 
(II) receives assistance from the 
Government of Iran; and 
(III)(aa) is assessed as being will-
ing in some or all cases of carrying out 
attacks on behalf of the Government of 
the Islamic Republic of Iran; or
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(bb) is assessed as likely to carry 
out attacks in response to a military 
attack by another country on the Is-
lamic Republic of Iran. 
SEC. 1225. ANNUAL COUNTERTERRORISM STATUS RE-
PORTS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Success in Countering Al Qaeda Reporting Requirements 
Act of 2009’’. 
(b) 
ANNUAL
COUNTERTERRORISM
STATUS
RE-
PORTS.— 
(1) IN GENERAL.—Not later than July 31, 2010, 
and every July 31 thereafter, the President shall sub-
mit a report, to the Committee on Foreign Relations 
of the Senate, the Committee on Foreign Affairs of the 
House of Representatives, the Committee on Armed 
Services of the Senate, the Committee on Armed Serv-
ices of the House of Representatives, the Committee on 
Appropriations of the Senate, the Committee on Ap-
propriations of the House of Representatives, the Se-
lect Committee on Intelligence of the Senate, and the 
Permanent Select Committee on Intelligence of the 
House of Representatives, which contains, for the most 
recent 12-month period, a review of the counterter-
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lished in overarching public statements of strat-
egy issued by the executive branch; 
(E) a determination of whether the Na-
tional Counterterrorism Center exercises the au-
thority and has the resources and expertise re-
quired to fulfill the interagency strategic and 
operational planning role described in section 
119(j) of the National Security Act of 1947 (50 
U.S.C. 404o), as added by section 1012 of the 
National Security Intelligence Reform Act of 
2004 (title I of Public Law 108–458); 
(F) a description of the efforts of the United 
States Government to combat Al Qaeda and its 
related affiliates and undermine violent extrem-
ist ideology, which shall include— 
(i) a specific list of the President’s 
highest global counterterrorism priorities; 
(ii) the degree of success achieved by 
the United States, and remaining areas for 
progress, in meeting the priorities described 
in clause (i); and 
(iii) efforts in those countries in which 
the President determines that— 
(I) Al Qaeda and its related affili-
ates have a presence; or
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(II) acts of international ter-
rorism have been perpetrated by Al 
Qaeda and its related affiliates; 
(G) a specific list of United States counter-
terrorism efforts, and the specific status and 
achievements of such efforts, through military, fi-
nancial, political, intelligence, paramilitary, 
and law enforcement elements, relating to— 
(i) bilateral security and training pro-
grams; 
(ii) law enforcement and border secu-
rity; 
(iii) the disruption of terrorist net-
works; and 
(iv) the denial of terrorist safe havens 
and sanctuaries; 
(H) a description of United States Govern-
ment activities to counter terrorist recruitment 
and radicalization, including— 
(i) strategic communications; 
(ii) public diplomacy; 
(iii) support for economic development 
and political reform; and 
(iv) other efforts aimed at influencing 
public opinion;
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(I) United States Government initiatives to 
eliminate direct and indirect international fi-
nancial support for the activities of terrorist 
groups; 
(J) a cross-cutting analysis of the budgets of 
all Federal Government agencies as they relate to 
counterterrorism funding to battle Al Qaeda and 
its related affiliates abroad, including— 
(i) the source of such funds; and 
(ii) the allocation and use of such 
funds; 
(K) an analysis of the extent to which spe-
cific Federal appropriations— 
(i) have produced tangible, calculable 
results in efforts to combat and defeat Al 
Qaeda, its related affiliates, and its violent 
ideology; or 
(ii) contribute to investments that have 
expected payoffs in the medium- to long- 
term; 
(L) statistical assessments, including those 
developed by the National Counterterrorism Cen-
ter, on the number of individuals belonging to Al 
Qaeda and its related affiliates that have been
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killed, injured, or taken into custody as a result 
of United States counterterrorism efforts; and 
(M) a concise summary of the methods used 
by National Counterterrorism Center and other 
elements of the United States Government to as-
sess and evaluate progress in its overall counter-
terrorism efforts, including the use of specific 
measures, metrics, and indices. 
(2) INTERAGENCY COOPERATION.—In preparing 
a report under this subsection, the President shall in-
clude relevant information maintained by— 
(A) the National Counterterrorism Center 
and the National Counterproliferation Center; 
(B) Department of Justice, including the 
Federal Bureau of Investigation; 
(C) the Department of State; 
(D) the Department of Defense; 
(E) the Department of Homeland Security; 
(F) the Department of the Treasury; 
(G) the Office of the Director of National 
Intelligence, 
(H) the Central Intelligence Agency; 
(I) the Office of Management and Budget; 
(J) the United States Agency for Inter-
national Development; and
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(K) any other Federal department that 
maintains relevant information. 
(3) REPORT CLASSIFICATION.—Each report re-
quired under this subsection shall be— 
(A) submitted in an unclassified form, to 
the maximum extent practicable; and 
(B) accompanied by a classified appendix, 
as appropriate. 
SEC. 1226. REPORT ON TAIWAN’S AIR FORCE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) According to the Department of Defense’s 
(DoD) 2009 Annual Report on Military Power of the 
People’s Republic of China, the military balance in 
the Taiwan Strait has been shifting in China’s favor 
since 2000, marked by the sustained deployment of 
advanced military equipment to the Chinese military 
regions opposite Taiwan. 
(2) Although the DoD’s 2002 Report concluded 
that Taiwan ‘‘has enjoyed dominance of the airspace 
over the Taiwan Strait for many years,’’ the DoD’s 
2009 Report states this conclusion no longer holds 
true. 
(3) China has based 490 combat aircraft (330 
fighters and 160 bombers) within unrefueled oper-
ational range of Taiwan, and has the airfield capac-
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ity to expand that number by hundreds. In contrast, 
Taiwan has 390 combat aircraft (all of which are 
fighters). 
(4) Also according to the DoD’s 2009 Report, 
China has continued its build-up of conventional bal-
listic missiles since 2000, ‘‘building a nascent capac-
ity for conventional short-range ballistic missile 
(SRBM) strikes against Taiwan into what has be-
come one of China’s primary instruments of coer-
cion.’’ At this time, China has expanded its SRBM 
force opposite Taiwan to seven brigades with a total 
of 1,050 through 1,150 missiles, and is augmenting 
these forces with conventional medium-range ballistic 
missiles systems and at least 2 land attack cruise 
missile variants capable of ground or air launch. Ad-
vanced fighters and bombers, combined with enhanced 
training for nighttime and overwater flights, provide 
China’s People’s Liberation Army (PLA) with addi-
tional capabilities for regional strike or maritime 
interdiction operations. 
(5) Furthermore, the Report maintains, ‘‘the se-
curity situation in the Taiwan Strait is largely a 
function of dynamic interactions among Mainland 
China, Taiwan, and the United States. The PLA has 
developed and deployed military capability to coerce
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Taiwan or attempt an invasion if necessary. PLA 
improvements pose new challenges to Taiwan’s secu-
rity, which has historically been based upon the 
PLA’s inability to project power across the 100 nau-
tical-mile Taiwan Strait, natural geographic advan-
tages of island defense, Taiwan’s armed forces’ techno-
logical superiority, and the possibility of U.S. inter-
vention’’. 
(6) The Taiwan Relations Act of 1979 requires 
that, in furtherance of the principle of maintaining 
peace and stability in the Western Pacific region, the 
United States shall make available to Taiwan such 
defense articles and defense services in such quantity 
‘‘as may be necessary to enable Taiwan to maintain 
a sufficient self-defense capability,’’ allowing that ‘‘the 
President and the Congress shall determine the nature 
and quantity of such defense articles and services 
based solely upon their judgment of the needs of Tai-
wan . . .’’. 
(b) REPORT TO CONGRESS ON TAIWAN’S CURRENT AIR 
FORCE AND FUTURE SELF-DEFENSE REQUIREMENTS.— 
Not later than 90 days after the date of the enactment of 
this Act, the President shall submit to Congress a report, 
in both classified and unclassified form, containing the fol-
lowing:
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(1) A thorough and complete assessment of the 
current state of Taiwan’s Air Force, including— 
(A) the number and type of aircraft; 
(B) the age of aircraft; and 
(C) the capability of those aircraft. 
(2) An assessment of the effectiveness of the air-
craft in the face of a full-scale concerted missile and 
air campaign by China, in which China uses its most 
modern surface-to-air missiles currently deployed 
along its seacoast. 
(3) An analysis of the specific weapons systems 
and platforms that Taiwan would need to provide for 
it’s self-defense and maintain control of its own air 
space. 
(4) Options for the United States to assist Tai-
wan in achieving those capabilities. 
(5) A 5-year plan for fulfilling the obligations of 
the United States under the Taiwan Relations Act to 
provide for Taiwan’s self-defense and aid Taiwan in 
maintaining control of its own air space. 
SEC. 1227. REPORT ON UNITED STATES CONTRIBUTIONS TO 
THE UNITED NATIONS. 
Section 1225 of the John Warner National Defense Au-
thorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2424) is amended—
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(1) in subsection (a), by striking ‘‘until Decem-
ber 31, 2010, the President shall submit’’ and insert-
ing ‘‘(but not later than the first of each May), the 
Director of the Office of Management and Budget 
shall submit’’; and 
(2) by adding at the end the following: 
‘‘(c) PUBLIC AVAILABILITY
OF INFORMATION.—The 
Director of the Office of Management and Budget shall post 
a public version of each report submitted under subsection 
(a) on a text-based searchable and publicly available Inter-
net Web site.’’. 
Subtitle C—Other Matters 
SEC. 1231. SENSE OF CONGRESS ON ESTABLISHMENT OF 
MEASURES 
OF 
PROGRESS 
TO 
EVALUATE 
UNITED STATES STRATEGIC OBJECTIVES IN 
AFGHANISTAN AND PAKISTAN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The President announced a new strategy for 
Afghanistan and Pakistan on March 27, 2009, that 
calls for a commitment of more resources and a sig-
nificant increase in the number of United States 
Armed Forces deployed to the region. 
(2) It is the obligation of the United States Gov-
ernment to the members of the Armed Forces, and to 
all Americans, that their sacrifices be met by a clear
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method for evaluating the progress toward achieving 
the objectives in the new strategy of the Administra-
tion. 
(3) The President stated, with reference to the 
strategy for Afghanistan and Pakistan, that ‘‘going 
forward, we will not blindly stay the course. Instead, 
we will set clear metrics to measure progress and hold 
ourselves accountable. We’ll consistently assess our ef-
forts to train Afghan security forces and our progress 
in combating insurgents. We will measure the growth 
of Afghanistan’s economy, and its illicit narcotics 
production. And we will review whether we are using 
the right tools and tactics to make progress towards 
accomplishing our goals’’. 
(4) Since the announcement of the new strategy 
of the Administration on March 27, 2009, key leaders 
in the Administration, including in the Department 
of Defense and Department of State, have testified be-
fore Congress that progress measures were needed to 
evaluate performance toward achieving the strategic 
objectives of the United States in Afghanistan and 
Pakistan and that the Administration was under-
taking the process of reviewing and developing meas-
ures of progress.
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(5) Key leaders in the Administration further as-
sured Congress that the Administration would not 
only share the measures of progress with Congress, but 
would also invite review and comment by Congress on 
proposed measures of progress. 
(6) The establishment of both clear objectives and 
a means to impartially measure success toward those 
objectives will expound to the American people what 
the United States and its partners intend to accom-
plish in and for Afghanistan and Pakistan. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Administration should, through the co-
ordination of the Departments of Defense and State, 
expeditiously submit to Congress a comprehensive list 
of measures of progress with regard to United States 
strategic objectives in Afghanistan and Pakistan; 
(2) the comprehensive list under paragraph (1) 
should include newly-established measures of progress 
as well as such measures of progress previously estab-
lished pursuant to section 1230(d) of the National De-
fense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 385) that continue to be rel-
evant to the current United States strategy for Af-
ghanistan and Pakistan;
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(3) the Administration should incorporate the 
comprehensive list under paragraph (1) with each re-
port submitted under sections 1230 and 1232 of the 
National Defense Authorization Act for Fiscal Year 
2008 (122 Stat. 385, 392) and should review, and if 
necessary modify, the comprehensive list for each such 
report; and 
(4) upon submittal to Congress of the reports re-
quired by sections 1230 and 1232 of the National De-
fense Authorization Act for Fiscal Year 2008, the Ad-
ministration should provide an assessment of each 
measure of progress by— 
(A) setting forth the measure of progress 
being evaluated; 
(B) providing data used to evaluate the 
measure of progress; 
(C) providing an evaluation of the perform-
ance of the particular measure of progress; and 
(D) providing a comprehensive assessment 
of how the performance of the particular measure 
of progress hinders or enhances the overall per-
formance toward achieving strategic objectives of 
the United States in Afghanistan and Pakistan.
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SEC. 1232. SENSE OF THE SENATE ON IMPOSING SANC-
TIONS WITH RESPECT TO THE ISLAMIC RE-
PUBLIC OF IRAN. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) The illicit nuclear activities of the Govern-
ment of the Islamic Republic of Iran, combined with 
its development of unconventional weapons and bal-
listic missiles and support for international ter-
rorism, represent a grave threat to the security of the 
United States and United States allies in Europe, the 
Middle East, and around the world. 
(2) The United States and other responsible 
countries have a vital interest in working together to 
prevent the Government of the Islamic Republic of 
Iran from acquiring a nuclear weapons capability. 
(3) As President Barack Obama said, ‘‘Iran ob-
taining a nuclear weapon would not only be a threat 
to Israel and a threat to the United States, but would 
be profoundly destabilizing in the international com-
munity as a whole and could set off a nuclear arms 
race in the Middle East that would be extraordinarily 
dangerous for all concerned, including for Iran.’’. 
(4) The International Atomic Energy Agency has 
repeatedly called attention to the illicit nuclear ac-
tivities of the Islamic Republic of Iran, and, as a re-
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sult, the United Nations Security Council has adopted 
a range of sanctions designed to encourage the Gov-
ernment of the Islamic Republic of Iran to cease those 
activities and comply with its obligations under the 
Treaty on Non-Proliferation of Nuclear Weapons, 
done at Washington, London, and Moscow July 1, 
1968, and entered into force March 5, 1970 (com-
monly known as the ‘‘Nuclear Non-Proliferation Trea-
ty’’). 
(5) The Department of the Treasury has imposed 
sanctions on several Iranian banks, including Bank 
Melli, Bank Saderat, Bank Sepah, and Bank Mellat, 
for their involvement in proliferation activities or 
support for terrorist groups. 
(6) The Central Bank of Iran, the keystone of 
Iran’s financial system and its principal remaining 
lifeline to the international banking system, has en-
gaged in deceptive financial practices and facilitated 
such practices among banks involved in proliferation 
activities or support for terrorist groups, including 
Bank Sepah and Bank Melli, in order to evade sanc-
tions imposed by the United States and the United 
Nations. 
(7) On April 8, 2009, the United States formally 
extended an offer to engage in direct diplomacy with
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the Government of the Islamic Republic of Iran 
through negotiations with the five permanent mem-
bers of the United States Security Council and Ger-
many (commonly referred to as the ‘‘P5-plus-1 proc-
ess’’), in the hope of resolving all outstanding disputes 
between the Islamic Republic of Iran and the United 
States. 
(8) The Government of the Islamic Republic of 
Iran has yet to make a formal reply to the April 8, 
2009, offer of direct diplomacy by the United States 
or to engage in direct diplomacy with the United 
States through the P5-plus-1 process. 
(9) On July 8, 2009, President Nicolas Sarkozy 
of France warned that the Group of Eight major pow-
ers will give the Islamic Republic of Iran until Sep-
tember 2009 to accept negotiations with respect to its 
nuclear activities or face tougher sanctions. 
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that— 
(1) the Government of the Islamic Republic of 
Iran should— 
(A) seize the historic offer put forward by 
President Barack Obama to engage in direct di-
plomacy with the United States;
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(B) suspend all enrichment-related and re-
processing activities, including research and de-
velopment, and work on all heavy-water related 
projects, including the construction of a research 
reactor moderated by heavy water, as demanded 
by multiple resolutions of the United Nations Se-
curity Council; and 
(C) come into full compliance with the Nu-
clear Non-Proliferation Treaty, including the ad-
ditional protocol to the Treaty; and 
(2) the President should impose sanctions on the 
Central Bank of Iran and any other Iranian bank en-
gaged in proliferation activities or support for ter-
rorist groups, as well as any other sanctions the 
President determines appropriate, if— 
(A) the Government of the Islamic Republic 
of Iran— 
(i) has not accepted the offer by the 
United States to engage in direct diplomacy 
through the P5-plus-1 process before the 
Summit of the Group of 20 (G–20) in Pitts-
burgh, Pennsylvania, in September 2009; or 
(ii) has not suspended all enrichment- 
related and reprocessing activities and work 
on all heavy-water related projects within
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60 days of the conclusion of that Summit; 
and 
(B) the United Nations Security Council 
has failed to adopt significant and meaningful 
additional sanctions on the Government of the 
Islamic Republic of Iran. 
SEC. 1233. SENSE OF THE SENATE ON ENFORCEMENT AND 
IMPOSITION OF SANCTIONS WITH RESPECT 
TO NORTH KOREA; REVIEW TO DETERMINE 
WHETHER NORTH KOREA SHOULD BE RE- 
LISTED AS A STATE SPONSOR OF TERRORISM. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) On April 5, 2009, the Government of North 
Korea tested an intermediate range ballistic missile 
in violation of United Nations Security Council Reso-
lutions 1695 (2006) and 1718 (2006). 
(2) On April 5, 2009, President Barack Obama 
issued a statement on North Korea, stating that ‘‘Pre-
venting the proliferation of weapons of mass destruc-
tion and their means of delivery is a high priority for 
my administration’’, and adding, ‘‘North Korea has 
ignored its international obligations, rejected un-
equivocal calls for restraint, and further isolated itself 
from the community of nations’’.
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(3) On April 15, 2009, the Government of North 
Korea announced it was expelling international in-
spectors from its Yongbyon nuclear facility and end-
ing its participation in the Six Party Talks for the 
Denuclearization of the Korean Peninsula. 
(4) On May 25, 2009, the Government of North 
Korea conducted a second nuclear test, in disregard 
of United Nations Security Council Resolution 1718, 
which was issued in 2006 following the first such test 
and which demanded that North Korea not conduct 
any further nuclear tests or launches of a ballistic 
missile. 
(5) The State Department’s 2008 Human Rights 
Report on North Korea, issued on February 25, 2009, 
found that human rights conditions inside North 
Korea remained poor, prison conditions are harsh 
and life-threatening, and citizens were denied basic 
freedoms such as freedom of speech, press, assembly, 
religion, and association. 
(6) Pursuant to section 102(b)(2)(E) of the Arms 
Export Control Act (22 U.S.C. 2799aa–1(b)(2)(E)), 
President George W. Bush, on February 7, 2007, noti-
fied Congress that the United States Government 
would oppose the extension of any loan or financial 
or technical assistance to North Korea by any inter-
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national financial institution and the prohibition on 
support for the extension of such loans or assistance 
remains in effect. 
(7) On June 12, 2009, the United Nations Secu-
rity Council passed Resolution 1874, condemning 
North Korea’s nuclear test, imposing a sweeping em-
bargo on all arms trade with North Korea, and re-
quiring member states not to provide financial sup-
port or other financial services that could contribute 
to North Korea’s nuclear-related or missile-related ac-
tivities or other activities related to weapons of mass 
destruction. 
(8) On July 15, 2009, the Sanctions Committee 
of the United Nations Security Council, pursuant to 
United Nations Security Council Resolution 1874, 
imposed a travel ban on five North Korean individ-
uals and asset freezes on five more North Korean enti-
ties for their involvement in nuclear weapons and 
ballistic missile development programs, marking the 
first time the United Nations has imposed a travel 
ban on North Koreans. 
(9) On June 10, 2008, the Government of North 
Korea issued a statement, subsequently conveyed di-
rectly to the United States Government, affirming 
that North Korea, ‘‘will firmly maintain its con-
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sistent stand of opposing all forms of terrorism and 
any support to it and will fulfill its responsibility 
and duty in the struggle against terrorism.’’. 
(10) The June 10, 2008, statement by the Gov-
ernment of North Korea also pledged that North 
Korea would take ‘‘active part in the international ef-
forts to prevent substance, equipment and technology 
to be used for the production of nukes and biochemical 
and radioactive weapons from finding their ways to 
the terrorists and the organizations that support 
them’’. 
(11) On June 26, 2008, President George W. 
Bush certified that— 
(A) the Government of North Korea had not 
provided any support for international terrorism 
during the preceding 6-month period; and 
(B) the Government of North Korea had 
provided assurances that it will not support acts 
of international terrorism in the future. 
(12) The President’s June 26 certification con-
cluded, based on all available information, that there 
was ‘‘no credible evidence at this time of ongoing sup-
port by the DPRK for international terrorism’’ and 
that ‘‘there is no credible or sustained reporting at 
this time that supports allegations (including as cited
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in recent reports by the Congressional Research Serv-
ice) that the DPRK has provided direct or witting 
support for Hezbollah, Tamil Tigers, or the Iranian 
Revolutionary Guard’’. 
(13) The State Department’s Country Reports on 
Terrorism 2008, in a section on North Korea, state, 
‘‘The Democratic People’s Republic of Korea (DPRK) 
was not known to have sponsored any terrorist acts 
since the bombing of a Korean Airlines flight in 
1987.’’. 
(14) The Country Reports on Terrorism 2008 
also state, ‘‘A state that directs WMD resources to ter-
rorists, or one from which enabling resources are 
clandestinely diverted, poses a grave WMD terrorism 
threat. Although terrorist organizations will continue 
to seek a WMD capability independent of state pro-
grams, the sophisticated WMD knowledge and re-
sources of a state could enable a terrorist capability. 
State sponsors of terrorism and all nations that fail 
to live up to their international counterterrorism and 
nonproliferation obligations deserve greater scrutiny 
as potential facilitators of WMD terrorism.’’. 
(15) On October 11, 2008, the Secretary of State, 
pursuant to the President’s certification, removed 
North Korea from its list of state sponsors of ter-
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rorism, on which North Korea had been placed in 
1988. 
(b) REPORT ON CONDUCT OF NORTH KOREA.—Not 
later than 30 days after the date of the enactment of this 
Act, the President shall submit to Congress a detailed report 
examining the conduct of the Government of North Korea 
since June 26, 2008, based on all available information, 
to determine whether North Korea meets the statutory cri-
teria for listing as a state sponsor of terrorism. The report 
shall— 
(1) present any credible evidence of support by 
the Government of North Korea for acts of terrorism, 
terrorists, or terrorist organizations; 
(2) examine what steps the Government of North 
Korea has taken to fulfill its June 10, 2008, pledge 
to prevent weapons of mass destruction from falling 
into the hands of terrorists; and 
(3) assess the effectiveness of re-listing North 
Korea as a state sponsor of terrorism as a tool to ac-
complish the objectives of the United States with re-
spect to North Korea, including completely elimi-
nating North Korea’s nuclear weapons programs, pre-
venting North Korean proliferation of weapons of 
mass destruction, and encouraging North Korea to
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abide by international norms with respect to human 
rights. 
(c) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that— 
(1) the United States should— 
(A) vigorously enforce United Nations Secu-
rity Council Resolutions 1718 (2006) and 1874 
(2009) and other sanctions in place with respect 
to North Korea under United States law; 
(B) urge all member states of the United 
Nations to fully implement the sanctions im-
posed by United Nations Security Council Reso-
lutions 1718 and 1874; and 
(C) explore the imposition of additional 
unilateral and multilateral sanctions against 
North Korea in furtherance of United States na-
tional security; 
(2) the conduct of North Korea constitutes a 
threat to the northeast Asian region and to inter-
national peace and security; 
(3) if the United States determines that the Gov-
ernment of North Korea has provided assistance to 
terrorists or engaged in state sponsored acts of ter-
rorism, the Secretary of State should immediately list 
North Korea as a state sponsor of terrorism; and
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(4) if the United States determines that the Gov-
ernment of North Korea has failed to fulfill its June 
10, 2008, pledges, the Secretary of State should imme-
diately list North Korea as a state sponsor of ter-
rorism. 
(d) STATE SPONSOR OF TERRORISM DEFINED.—For 
purposes of this section, the term ‘‘state sponsor of ter-
rorism’’ means a country that has repeatedly provided sup-
port for acts of international terrorism for purposes of— 
(1) section 6(j) of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405(j)) (as continued in ef-
fect pursuant to the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.)); 
(2) section 40 of the Arms Export Control Act 
(22 U.S.C. 2780); or 
(3) section 620A of the Foreign Assistance Act of 
1961 (22 U.S.C. 2371). 
SEC. 1234. REPORT ON THE PLAN FOR THE UNITED STATES 
NUCLEAR WEAPONS STOCKPILE, NUCLEAR 
WEAPONS COMPLEX, AND DELIVERY PLAT-
FORMS AND SENSE OF THE SENATE ON FOL-
LOW-ON NEGOTIATIONS TO START TREATY. 
(a) REPORT ON THE PLAN FOR THE UNITED STATES 
NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COM-
PLEX, AND DELIVERY PLATFORMS.—
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(1) REPORT REQUIRED.—Not later than 30 days 
after the date of the enactment of this Act or at the 
time a follow-on treaty to the Strategic Arms Reduc-
tion Treaty (START Treaty) is submitted by the 
President to the Senate for its advice and consent, 
whichever is earlier, the President shall submit to the 
congressional defense and foreign relations committees 
a report on the plan to enhance the safety, security, 
and reliability of the United States nuclear weapons 
stockpile, modernize the nuclear weapons complex, 
and maintain the delivery platforms for nuclear 
weapons. 
(2) COORDINATION.—The President shall prepare 
the report required under paragraph (1) in coordina-
tion with the Secretary of Defense, the directors of 
Sandia National Laboratory, Los Alamos National 
Laboratory, and Lawrence Livermore National Lab-
oratory, the Administrator for the National Nuclear 
Security Administration, and the Commander of the 
United States Strategic Command. 
(3) ELEMENTS.—The report required under 
paragraph (1) shall include the following: 
(A) A description of the plan to enhance the 
safety, security, and reliability of the United 
States nuclear weapons stockpile.
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(B) A description of the plan to modernize 
the nuclear weapons complex, including improv-
ing the safety of facilities, modernizing the infra-
structure, and maintaining the key capabilities 
and competencies of the nuclear weapons work-
force, including designers and technicians. 
(C) A description of the plan to maintain 
delivery platforms for nuclear weapons. 
(D) An estimate of budget requirements, in-
cluding the costs associated with the plans out-
lined under subparagraphs (A) through (C), over 
a 10-year period. 
(b) SENSE OF THE SENATE ON FOLLOW-ON NEGOTIA-
TIONS TO THE START TREATY.—The Senate urges the 
President to maintain the stated position of the United 
States that the follow-on treaty to the START Treaty not 
include any limitations on the ballistic missile defense sys-
tems, space capabilities, or advanced conventional weapons 
systems of the United States. 
SEC. 1235. SENSE OF CONGRESS ON CONTINUED SUPPORT 
BY THE UNITED STATES FOR A STABLE AND 
DEMOCRATIC REPUBLIC OF IRAQ. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The men and women of the United States 
Armed Forces who have served or are serving in the
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Republic of Iraq have done so with the utmost brav-
ery and courage and deserve the respect and gratitude 
of the people of the United States and the people of 
Iraq. 
(2) The leadership of Generals David Petraeus 
and Raymond Odierno, as the Commanders of the 
Multi-National Force Iraq, as well as Ambassador 
Ryan Crocker, was instrumental in bringing stability 
and success to Iraq. 
(3) The strategy known as the surge was a crit-
ical factor contributing to significant security gains 
and facilitated the economic, political, and social 
gains that have occurred in Iraq since 2007. 
(4) The people of Iraq have begun to develop a 
stable government and stable society because of the se-
curity gains following the surge and the willingness 
of the people of Iraq to accept the ideals of a free and 
fair democratic society over the tyranny espoused by 
Al Qaeda and other terrorist organizations. 
(5) The security gains in Iraq must be carefully 
maintained so that those fragile gains can be solidi-
fied and expanded upon, primarily by citizens of Iraq 
in service to their country, with the support of the 
United States as appropriate.
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(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) a stable and democratic Republic of Iraq is 
in the long-term national security interest of the 
United States; 
(2) the people and the Government of the United 
States should help the people of Iraq promote the sta-
bility of their country and peace in the region; and 
(3) the United States should be a long-term stra-
tegic partner with the Government and the people of 
Iraq in support of their efforts to build democracy, 
good governance, and peace and stability in the re-
gion. 
SEC. 1236. REPORT ON FEASIBILITY AND DESIRABILITY OF 
ESTABLISHING GENERAL UNIFORM PROCE-
DURES AND GUIDELINES FOR THE PROVI-
SION OF MONETARY ASSISTANCE BY THE 
UNITED STATES TO CIVILIAN FOREIGN NA-
TIONALS FOR LOSSES INCIDENT TO COMBAT 
ACTIVITIES OF THE ARMED FORCES. 
(a) REPORT.—The Secretary of Defense shall submit 
to Congress a report on the feasibility and the desirability 
of establishing general uniform procedures and guidelines 
for the provision by the United States of monetary assist-
ance to civilian foreign nationals for losses, injuries, or
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(6) supports journalists who take great risk to 
report on political events in Iran, including those 
surrounding the presidential election; 
(7) supports the efforts the Voice of America’s 
(VOA) 24-hour television station Persian News Net-
work, and Radio Free Europe / Radio Liberty’s 
(RFE/RL) Radio Farda 24-hour radio station; Brit-
ish Broadcasting Corporation (BBC) Farsi language 
programming; Radio Zamaneh; and other inde-
pendent news outlets to provide information to Iran; 
(8) condemns acts of censorship, intimidation, 
and other restrictions on freedom of the press, freedom 
of speech, and freedom of expression in Iran and 
throughout the world; 
(9) commends companies which have facilitated 
the ability of the Iranian people to access and share 
information, and exercise freedom of speech, freedom 
of expression, and freedom of assembly through alter-
native technologies; and 
(10) condemns companies which have knowingly 
impeded the ability of the Iranian people to access 
and share information and exercise freedom of speech, 
freedom of expression, and freedom of assembly 
through electronic media, including through the sale 
of technology that allows for deep packet inspection or
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provides the capability to monitor or block Internet 
access, and gather information about individuals. 
SEC. 1243. STATEMENT OF POLICY. 
It shall be the policy of the United States— 
(1) to support freedom of the press, freedom of 
speech, freedom of expression, and freedom of assem-
bly in Iran; 
(2) to support the Iranian people as they seek, 
receive, and impart information and promote ideas 
in writing, in print, or through any media without 
interference; 
(3) to discourage businesses from aiding efforts 
to interfere with the ability of the people of Iran to 
freely access or share information or otherwise in-
fringe upon freedom of speech, freedom of expression, 
freedom of assembly, and freedom of the press through 
the Internet or other electronic media, including 
through the sale of deep packet inspection or other 
technology to the Government of Iran that provides 
the capability to monitor or block Internet access, and 
gather information about individuals; and 
(4) to encourage the development of technologies, 
including Internet Web sites that facilitate the efforts 
of the Iranian people—
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(A) to gain access to and share accurate in-
formation and exercise freedom of speech, free-
dom of expression, freedom of assembly, and free-
dom of the press, through the Internet or other 
electronic media; and 
(B) engage in Internet-based education pro-
grams and other exchanges between United 
States citizens and Iranians. 
SEC. 1244. AUTHORIZATION OF APPROPRIATIONS. 
(a) INTERNATIONAL
BROADCASTING
OPERATIONS 
FUND.—In addition to amounts otherwise authorized for 
the Broadcasting Board of Governors’ International Broad-
casting Operations Fund, there is authorized to be appro-
priated $15,000,000 to expand Farsi language program-
ming and to provide for the dissemination of accurate and 
independent information to the Iranian people through 
radio, television, Internet, cellular telephone, short message 
service, and other communications. 
(b) BROADCASTING CAPITAL IMPROVEMENTS FUND.— 
In addition to amounts otherwise authorized for the Broad-
casting Board of Governors’ Broadcasting Capital Improve-
ments Fund, there is authorized to be appropriated 
$15,000,000 to expand transmissions of Farsi language pro-
grams to Iran.
729 
† HR 2647 EAS 
(c) USE OF AMOUNTS.—In pursuit of the objectives de-
scribed in subsections (a) and (b), amounts in the Inter-
national Broadcasting Operations Fund and the Capital 
Improvements Fund may be used to— 
(1) develop additional transmission capability 
for Radio Farda and the Persian News Network to 
counter ongoing efforts to jam transmissions, includ-
ing through additional shortwave and medium wave 
transmissions, satellite, and Internet mechanisms; 
(2) develop additional proxy server capability 
and anti-censorship software to counter efforts to 
block Radio Farda and Persian News Network Web 
sites; 
(3) develop technologies to counter efforts to block 
SMS text message exchange over cellular phone net-
works; 
(4) expand program coverage and analysis by 
Radio Farda and the Persian News Network, includ-
ing the development of broadcast platforms and pro-
grams, on the television, radio and Internet, for en-
hanced interactivity with and among the people of 
Iran; 
(5) hire, on a permanent or short-term basis, ad-
ditional staff for Radio Farda and the Persian News 
Network; and