432 
sion of the report by the Comptroller General required by 
paragraph (1). 
SEC. 1032. REPORT ON THE FORCE STRUCTURE FINDINGS 
OF THE 2009 QUADRENNIAL DEFENSE RE-
VIEW. 
(a) REPORT REQUIREMENT.—Concurrent with the 
delivery of the report on the 2009 quadrennial defense re-
view required by section 118 of title 10, United States 
Code, the Secretary of Defense shall submit to the con-
gressional defense committees a report with a classified 
annex containing— 
(1) the analyses used to determine and support 
the findings on force structure required by such sec-
tion; and 
(2) a description of any changes from the pre-
vious quadrennial defense review to the minimum 
military requirements for major military capabilities. 
(b) MAJOR MILITARY CAPABILITIES DEFINED.—In 
this section, the term ‘‘major military capabilities’’ in-
cludes any capability the Secretary determines to be a 
major military capability, any capability discussed in the 
report of the 2006 quadrennial defense review, and any 
capability described in paragraph (9) or (10) of section 
118(d) of title 10, United States Code.
433 
SEC. 1033. SENSE OF CONGRESS AND AMENDMENT RELAT-
ING TO QUADRENNIAL DEFENSE REVIEW. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the quadrennial defense review is a strategy 
process that necessarily produces budget plans; however, 
budget pressures should not determine or limit its out-
comes. 
(b) RELATIONSHIP OF QDR TO BUDGET.—Section 
118(a) of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 
Defense’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The existence of the quadrennial defense review 
does not exempt the President or the Department of De-
fense from fulfilling its annual legal obligations to submit 
to Congress a budget and all legally required supporting 
documentation.’’. 
SEC. 1034. STRATEGIC REVIEW OF BASING PLANS FOR 
UNITED STATES EUROPEAN COMMAND. 
(a) REPORT REQUIREMENT.—Concurrent with the 
delivery of the report on the 2009 quadrennial defense re-
view required by section 118 of title 10, United States 
Code, the Secretary of Defense shall submit to the appro-
priate congressional committees a report on the plan for
434 
basing of forces in the European theater, containing a de-
scription of— 
(1) how the plan supports the United States 
national security strategy; 
(2) how the plan satisfies the commitments un-
dertaken by the United States pursuant to Article 5 
of the North Atlantic Treaty, signed at Washington, 
District of Columbia, on April 4, 1949, and entered 
into force on August 24, 1949 (63 Stat. 2241; TIAS 
1964); 
(3) how the plan addresses the current security 
environment in Europe, including United States par-
ticipation in theater cooperation activities; 
(4) how the plan contributes to peace and sta-
bility in Europe; and 
(5) the impact that a permanent change in the 
basing of a unit currently assigned to United States 
European Command would have on the matters de-
scribed in paragraphs (1) through (4). 
(b) NOTIFICATION REQUIREMENT.—The Secretary 
of Defense shall notify Congress at least 30 days before 
the permanent relocation of a unit stationed outside the 
continental United States as of the date of the enactment 
of this Act. 
(c) DEFINITIONS.—In this section:
435 
(1) UNIT.—The term ‘‘unit’’ has the meaning 
determined by the Secretary of Defense for purposes 
of this section. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Af-
fairs of the House of Representatives; and 
(C) the Select Committee on Intelligence of 
the Senate and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives. 
SEC. 1035. NATIONAL DEFENSE PANEL. 
(a) ESTABLISHMENT.—There is established a bipar-
tisan, independent panel to be known as the National De-
fense Panel (in this section referred to as the ‘‘Panel’’). 
The Panel shall have the duties set forth in this section. 
(b) MEMBERSHIP.—The Panel shall be composed of 
twelve members who are recognized experts in matters re-
lating to the national security of the United States. The 
members shall be appointed as follows: 
(1) Three by the chairman of the Committee on 
Armed Services of the House of Representatives.
436 
(2) Three by the chairman of the Committee on 
Armed Services of the Senate. 
(3) Two by the ranking member of the Com-
mittee on Armed Services of the House of Rep-
resentatives. 
(4) Two by the ranking member of the Com-
mittee on Armed Services of the Senate. 
(5) Two by the Secretary of Defense. 
(c) CO-CHAIRS OF THE PANEL.—The chairman of 
the Committee on Armed Services of the House of Rep-
resentatives and the chairman of the Committee of Armed 
Services of the Senate shall each designate one of their 
appointees under subsection (b) to serve as co-chair of the 
panel. 
(d) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Panel. Any va-
cancy in the Panel shall be filled in the same manner as 
the original appointment. 
(e) DUTIES.—The Panel shall— 
(1) review the national defense strategy, the na-
tional military strategy, the Secretary of Defense’s 
terms of reference, and any other materials pro-
viding the basis for, or substantial inputs to, the 
work of the Department of Defense on the 2009 
quadrennial defense review under section 118 of title
437 
10, United States Code (in this subsection referred 
to as the ‘‘2009 QDR’’), as well as the 2009 QDR 
itself; 
(2) conduct an assessment of the assumptions, 
strategy, findings, costs, and risks of the report of 
the 2009 QDR, with particular attention paid to the 
risks described in that report; 
(3) submit to the congressional defense commit-
tees and the Secretary an independent assessment of 
a variety of possible force structures of the Armed 
Forces, including the force structure identified in 
the report of the 2009 QDR, suitable to meet the re-
quirements identified in the review required in para-
graph (1); 
(4) to the extent practicable, estimate the fund-
ing required by fiscal year, in constant fiscal year 
2010 dollars, to organize, equip, and support the 
forces contemplated under the force structures as-
sessed in the assessment under paragraph (3); and 
(5) provide to Congress and the Secretary of 
Defense, through the reports under subsection (g), 
any recommendations it considers appropriate for 
their consideration. 
(f) FIRST MEETING.—
438 
(1) The Panel shall hold its first meeting no 
later than 30 days after the date as of which all ap-
pointments to the Panel under paragraphs (1), (2), 
(3), and (4) of subsection (b) have been made. 
(2) If the Secretary of Defense has not made 
the Secretary’s appointments to the Panel under 
subsection (b)(5) by the date of the first meeting 
pursuant to paragraph (1), the Panel shall convene 
with the remaining members. 
(g) REPORTS.— 
(1) Not later than April 15, 2010, the Panel 
shall submit an interim report on its findings to the 
congressional defense committees and to the Sec-
retary of Defense. 
(2) Not later than January 15, 2011, the Panel 
shall submit its final report, together with any rec-
ommendations, to the congressional defense commit-
tees and to the Secretary of Defense. 
(3) Not later than February 15, 2011, the Sec-
retary of Defense, after consultation with the Chair-
man of the Joint Chiefs of Staff, shall submit to the 
committees referred to in paragraph (2) the Sec-
retary’s comments on the Panel’s final report under 
that paragraph.
439 
(h) INFORMATION FROM FEDERAL AGENCIES.—The 
Panel may secure directly from the Department of De-
fense and any of its components such information as the 
Panel considers necessary to carry out its duties under 
this section. The head of the department or agency con-
cerned shall ensure that information requested by the 
Panel under this subsection is promptly provided. 
(i) FFRDC SUPPORT.—Upon the request of the co- 
chairs of the Panel, the Secretary of Defense shall make 
available to the Panel the services of any federally funded 
research and development center that is covered by a spon-
soring agreement of the Department of Defense. 
(j) PERSONNEL MATTERS.—The Panel shall have the 
authorities provided in section 3161 of title 5, United 
States Code, and shall be subject to the conditions set 
forth in such section. 
(k) PAYMENT OF PANEL EXPENSES.—Funds for ac-
tivities of the Panel shall be provided from amounts avail-
able to the Department of Defense. 
(l) TERMINATION.—The Panel shall terminate 45 
days after the date on which the Panel submits its final 
report under subsection (g)(2).
440 
SEC. 1036. REPORT REQUIRED ON NOTIFICATION OF DE-
TAINEES OF RIGHTS UNDER MIRANDA V. ARI-
ZONA. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on how 
the reading of rights under Miranda v. Arizona (384 U.S. 
436 (1966)) to individuals detained by the United States 
in Afghanistan may affect— 
(1) the rules of engagement of the Armed 
Forces deployed in support of Operation Enduring 
Freedom; 
(2) post-capture interrogations and intelligence- 
gathering activities conducted as part of Operation 
Enduring Freedom; 
(3) the overall counterinsurgency strategy and 
objectives of the United States for Operation Endur-
ing Freedom; 
(4) United States military operations and objec-
tives in Afghanistan; and 
(5) potential risks to members of the Armed 
Forces operating in Afghanistan.
441 
SEC. 1037. ANNUAL REPORT ON THE ELECTRONIC WAR-
FARE STRATEGY OF THE DEPARTMENT OF 
DEFENSE. 
(a) ANNUAL REPORT REQUIRED.—At the same time 
as the President submits to Congress the budget under 
section 1105(a) of title 31, United States Code, for fiscal 
year 2011, and for each subsequent fiscal year, the Sec-
retary of Defense, in coordination with the Chairman of 
the Joint Chiefs of Staff and the Secretary of each of the 
military departments, shall submit to the congressional de-
fense committees an annual report on the electronic war-
fare strategy of the Department of Defense. 
(b) CONTENTS OF REPORT.—Each report required 
under subsection (a) shall include each of the following: 
(1) A description and overview of— 
(A) the Department of Defense’s electronic 
warfare strategy; 
(B) how such strategy supports the Na-
tional Defense Strategy; and 
(C) the organizational structure assigned 
to oversee the development of the Department’s 
electronic warfare strategy, requirements, capa-
bilities, programs, and projects. 
(2) A list of all the electronic warfare acquisi-
tion programs and research and development 
projects of the Department of Defense and a de-
442 
scription of how each program or project supports 
the Department’s electronic warfare strategy. 
(3) For each unclassified program or project on 
the list required by paragraph (2)— 
(A) the senior acquisition executive and or-
ganization responsible for oversight of the pro-
gram or project; 
(B) whether or not validated requirements 
exist for each program or project and, if such 
requirements exist, the date on which the re-
quirements were validated and by which organi-
zational authority; 
(C) the total amount of funding appro-
priated, obligated, and forecasted by fiscal year 
for the program or project, to include the pro-
gram element or procurement line number from 
which the program or project receives funding; 
(D) the development or procurement 
schedule for the program or project; 
(E) an assessment of the cost, schedule, 
and performance of the program or project as 
it relates to the program or project’s current 
program baseline and the original program 
baseline if such baselines are not the same;
443 
(F) the technology readiness level of each 
critical technology that is part of the program 
or project; 
(G) whether or not the program or project 
is redundant or overlaps with the efforts of an-
other military department; and 
(H) what capability gap the program or 
project is being developed or procured to fulfill. 
(4) A classified annex that contains the items 
described in subparagraphs (A) through (H) for 
each classified program or project on the list re-
quired by paragraph (2). 
SEC. 1038. STUDIES TO ANALYZE ALTERNATIVE MODELS 
FOR ACQUISITION AND FUNDING OF TECH-
NOLOGIES SUPPORTING NETWORK-CENTRIC 
OPERATIONS. 
(a) STUDIES REQUIRED.— 
(1) INDEPENDENT STUDY.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Defense shall enter into a contract with 
an independent federally funded research and devel-
opment center to carry out a comprehensive study of 
policies, procedures, organization, and regulatory 
constraints affecting the acquisition of technologies 
supporting network-centric operations. The contract
444 
shall be funded from amounts appropriated pursuant 
to an authorization of appropriations in this Act or 
otherwise made available for fiscal year 2010 for op-
eration and maintenance for Defense-wide activities. 
(2) JOINT
CHIEFS
OF
STAFF
STUDY.—The 
Chairman of the Joint Chiefs of Staff shall carry out 
a comprehensive study of the same subjects covered 
by paragraph (1). The study shall be independent of 
the study required by paragraph (1) and shall be 
carried out in conjunction with the military depart-
ments and in coordination with the Secretary of De-
fense. 
(b) MATTERS TO BE ADDRESSED.—Each study re-
quired by subsection (a) shall address the following mat-
ters: 
(1) Development of a system for understanding 
the various foundational components that contribute 
to network-centric operations, such as data trans-
port, processing, storage, data collection, and dis-
semination of information. 
(2) Determining how acquisition and funding 
programs that are in place as of the date of the en-
actment of this Act relate to the system developed 
under paragraph (1).
445 
(3) Development of acquisition and funding 
models using the system developed under paragraph 
(1), including— 
(A) a model under which a joint entity 
independent of any military department (such 
as the Joint Staff) is established with responsi-
bility and control of all funding for the acquisi-
tion of technologies for network-centric oper-
ations, and with authority to oversee the incor-
poration of such technologies into the acquisi-
tion programs of the military departments; 
(B) a model under which an executive 
agent is established to manage and oversee the 
acquisition of technologies for network-centric 
operations, but would not have exclusive control 
of the funding for such programs; 
(C) a model under which the acquisition 
and funding programs that are in place as of 
the date of the enactment of this Act are main-
tained; and 
(D) any other model that the entity car-
rying out the study considers relevant. 
(4) An analysis of each of the models developed 
under paragraph (3) with respect to potential bene-
fits in—
446 
(A) collecting, processing, and dissemi-
nating information; 
(B) network commonality; 
(C) common communications; 
(D) interoperability; 
(E) mission impact and success; and 
(F) cost effectiveness. 
(5) An evaluation of each of the models devel-
oped under paragraph (3) with respect to feasibility, 
including identification of legal, policy, or regulatory 
barriers that may impede the implementation of 
such model. 
(c) REPORT REQUIRED.—Not later than September 
30, 2010, the Secretary of Defense shall submit to the 
congressional defense committees a report on the results 
of the studies required by subsection (a). The report shall 
include the findings and recommendations of the studies 
and any observations and comments that the Secretary 
considers appropriate. 
(d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 
this section, the term ‘‘network-centric operations’’ refers 
to the ability to exploit all human and technical elements 
of the Joint Force and mission partners through the full 
integration of collected information, awareness, knowl-
edge, experience, and decision-making, enabled by secure
447 
access and distribution, all to achieve agility and effective-
ness in a dispersed, decentralized, dynamic, or uncertain 
operational environment. 
SEC. 1039. REPORT ON COMPETITIVE PROCEDURES USED 
FOR EARMARKS IN DEPARTMENT OF DE-
FENSE APPROPRIATIONS ACT, 2008. 
(a) REPORT REQUIREMENT.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress a report on the con-
gressional earmarks described in subsection (b). 
(b) CONGRESSIONAL EARMARKS DESCRIBED.—The 
congressional earmarks described in this subsection are 
the congressional earmarks (House) and the congression-
ally directed spending items (Senate) on the list published 
in compliance with clause 9 of rule XXI of the Rules of 
the House of Representatives and rule XLIV of the Stand-
ing Rules of the Senate and contained on pages 372 to 
476 of the Joint Explanatory Statement submitted by the 
Committee of Conference for the conference report to ac-
company H.R. 3222 of the 110th Congress (Report 110– 
434). 
(c) MATTERS COVERED BY REPORT.—The report re-
quired by subsection (a) shall set forth the following with 
respect to each congressional earmark on the list referred 
to in subsection (b):
448 
(1) The competitive procedures used to procure 
each earmark, including the process used, the tools 
employed, and the decisions reached. 
(2) If competitive procedures were not used to 
procure an earmark, the reasons why competitive 
procedures were not used, including a discussion of 
the decision making process and how the decision to 
use procedures other than competitive procedures 
was reached. 
SEC. 1040. STUDY ON NATIONAL SECURITY PROFESSIONAL 
CAREER DEVELOPMENT AND SUPPORT. 
(a) STUDY REQUIRED.—Not later than 30 days after 
the date of the enactment of this Act, the President shall 
designate an Executive agency to commission a study by 
an appropriate independent, non-profit organization. The 
organization selected shall study the design and implemen-
tation of an interagency system for the career development 
and support of national security professionals. The organi-
zation selected shall be qualified on the basis of having 
performed related work in the fields of national security 
and human capital development, and on the basis of such 
other criteria as the head of the Executive agency may 
determine. 
(b) MATTERS CONSIDERED.—The study required by 
subsection (a) shall, at a minimum, include the following:
449 
(1) The qualifications required to certify an em-
ployee as a national security professional. 
(2) Methods for identifying and designating po-
sitions within the Federal Government which require 
the knowledge, skills and aptitudes of a national se-
curity professional. 
(3) The essential elements required for an ac-
credited interagency national security professional 
education system. 
(4) A system for training national security pro-
fessionals to ensure they develop and maintain the 
qualifications identified under paragraph (1). 
(5) An institutional structure for managing a 
national security professional career development 
system. 
(6) Potential mechanisms for funding a na-
tional security professional career development pro-
gram. 
(c) REPORT.—A report containing the findings and 
recommendations resulting from the study required by 
subsection (a), together with any views or recommenda-
tions of the President, shall be submitted to Congress by 
December 1, 2010. 
(d) DEFINITIONS.—For purposes of this section—
450 
(1) the term ‘‘Executive agency’’ has the mean-
ing given such term by section 105 of title 5, United 
States Code; 
(2) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code; and 
(3) the term ‘‘national security professional’’ 
means, with respect to an employee of an Executive 
agency, an employee of such agency in a position re-
lating to the planning of, coordination of, or partici-
pation in, interagency national security operations. 
Subtitle E—Other Matters 
SEC. 1041. PROHIBITION RELATING TO PROPAGANDA. 
(a) IN GENERAL.— 
(1) PROHIBITION.—Chapter 134 of title 10, 
United States Code, is amended by inserting after 
section 2241 the following new section: 
‘‘§ 2241a. Prohibition on use of funds for publicity or 
propaganda purposes within the United 
States 
‘‘Funds available to the Department of Defense may 
not be obligated or expended for publicity or propaganda 
purposes within the United States not otherwise specifi-
cally authorized by law.’’.
451 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2241a. Prohibition on use of funds for publicity or propaganda purposes within 
the United States.’’. 
(b) EFFECTIVE DATE.—Section 2241a of title 10, 
United States Code, as added by subsection (a), shall take 
effect on October 1, 2009, or the date of the enactment 
of this Act, whichever is later. 
SEC. 1042. EXTENSION OF CERTAIN AUTHORITY FOR MAK-
ING REWARDS FOR COMBATING TERRORISM. 
Section 127b(c)(3)(C) of title 10, United States 
Code, is amended by striking ‘‘2009’’ and inserting 
‘‘2010’’. 
SEC. 1043. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) The heading of section 1567 is amended to 
read as follows: 
‘‘§ 1567. Duration of military protective orders’’. 
(2) The heading of section 1567a is amended to 
read as follows:
452 
‘‘§ 1567a. Mandatory notification of issuance of mili-
tary protective order to civilian law en-
forcement’’. 
(3) Section 2306c(h) is amended by striking 
‘‘section 
2801(c)(2)’’ 
and 
inserting 
‘‘section 
2801(c)(4)’’. 
(4) Section 2667(g)(1) is amended by striking 
‘‘Secretary concerned concerned’’ and inserting 
‘‘Secretary concerned’’. 
(b) TITLE 37, UNITED STATES CODE.—Section 
308(a)(2)(A)(ii) of title 37, United States Code, is amend-
ed by striking the comma before the period at the end. 
(c) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2009.—Effective as of 
October 14, 2008, and as if included therein as enacted, 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417) is amended 
as follows: 
(1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 
2710 note) is amended by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Defense’’. 
(2) Section 523(1) (122 Stat. 4446) is amended 
by striking ‘‘serving or’’ and inserting ‘‘serving in 
or’’.
453 
(3) Section 616 (122 Stat. 4486) is amended 
by striking ‘‘of title’’ in subsections (b) and (c) and 
inserting ‘‘of such title’’. 
(4) Section 732(2) (122 Stat. 4511) is amended 
by striking ‘‘year.’’ and inserting ‘‘year’’. 
(5) Section 811(c)(6)(A)(iv)(I) (122 Stat.4524) 
is amended by striking ‘‘after of ‘the program’ ’’ and 
inserting ‘‘after ‘of the program’ ’’. 
(6) Section 813(d)(3) (122 Stat. 4527) is 
amended by striking ‘‘each of subsections (c)(2)(A) 
and (d)(2)’’ and inserting ‘‘subsection (c)(2)(A)’’. 
(7) Section 825(b) (122 Stat. 4534) is amended 
in the new item being added by inserting a period 
after ‘‘thereof’’. 
(8) Section 834(a)(2) (122 Stat. 4537) is 
amended by inserting ‘‘subchapter II of’’ before 
‘‘chapter 87’’. 
(9) Section 845(a) (122 Stat. 4541) is amend-
ed— 
(A) in paragraph (1), by striking ‘‘Sub-
chapter I’’ and inserting ‘‘Subchapter II’’; and 
(B) in paragraph (2), by striking ‘‘sub-
chapter I’’ and inserting ‘‘subchapter II’’. 
(10) Section 855 (122 Stat. 4545) is repealed.
454 
(11) Section 921(1) (122 Stat. 4573) is amend-
ed by striking ‘‘subsections (f) and (g) as sub-
sections (g) and (h)’’ and inserting ‘‘subsections (f), 
(g), and (h) as subsections (g), (h), and (i)’’. 
(12) Section 931(b)(5) (122 Stat. 4575) is 
amended— 
(A) by striking ‘‘Section 201(e)(2)’’ and 
inserting ‘‘Section 201(f)(2)(E)’’; and 
(B) by striking ‘‘(6 U.S.C. 121(e)(2))’’ and 
inserting ‘‘(6 U.S.C. 121(f)(2)(E))’’. 
(13) Section 932 (122 Stat. 4576) is repealed. 
(14) Section 1033(b) (122 Stat. 4593) is 
amended by striking ‘‘chapter 941’’ and inserting 
‘‘chapter 931’’. 
(15) Section 1059 (122 Stat. 4611) is amended 
by striking ‘‘Act of’’ and inserting ‘‘Act for’’. 
(16) Section 1061(b)(3) (122 Stat. 4613) is 
amended by striking ‘‘103’’ and inserting ‘‘188’’. 
(17) Section 1109 (122 Stat. 4618) is amended 
in subsection (e)(1) of the matter proposed to be 
added by striking ‘‘the date of the enactment of this 
Act’’ and inserting ‘‘October 14, 2008,’’. 
(18) Section 2104(b) (122 Stat. 4664) is 
amended in the matter preceding paragraph (1) by
455 
striking ‘‘section 2401’’ and inserting ‘‘section 
2101’’. 
(19) Section 3508(b) (122 Stat. 4769) is 
amended to read as follows: 
‘‘(b) CONFORMING AMENDMENT.—The chapter 541 
of title 46, United States Code, as inserted and amended 
by the amendments made by subparagraphs (A) through 
(D) of section 3523(a)(6) of the National Defense Author-
ization Act for Fiscal Year 2008 (Public Law 110–181; 
122 Stat. 599), is repealed.’’. 
(20) Section 3511(d) (122 Stat. 4770) is 
amended by inserting before the period the fol-
lowing: ‘‘, and by striking ‘CALENDAR’ and inserting 
‘FISCAL’ in the heading for paragraph (2)’’. 
SEC. 1044. REPEAL OF PILOT PROGRAM ON COMMERCIAL 
FEE-FOR-SERVICE AIR REFUELING SUPPORT 
FOR THE AIR FORCE. 
The National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181) is amended by striking 
section 1081.
456 
SEC. 1045. EXTENSION OF SUNSET FOR CONGRESSIONAL 
COMMISSION ON THE STRATEGIC POSTURE 
OF THE UNITED STATES. 
Section 1062 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
319) is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(2) in subsection (h), as redesignated by para-
graph (1) of this subsection, by striking ‘‘June 1, 
2009’’ and inserting ‘‘September 30, 2010’’; and 
(3) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) FOLLOW-ON REPORT.—Not later than May 1, 
2010, the commission shall submit to the President, the 
Secretary of Defense, the Secretary of Energy, the Sec-
retary of State, the Committee on Armed Services of the 
Senate, the Committee on Foreign Relations of the Sen-
ate, the Committee on Armed Services of the House of 
Representatives, and the Committee on Foreign Affairs of 
the House of Representatives a follow-on report to the re-
port submitted under subsection (e). With respect to the 
matters described under subsection (c), the follow-on re-
port shall include, at a minimum, the following: 
‘‘(1) A review of—
457 
‘‘(A) the nuclear posture review required 
by section 1070 of this Act; and 
‘‘(B) the Quadrennial Defense Review re-
quired to be submitted under section 118 of 
title 10, United States Code. 
‘‘(2) A review of legislative actions taken by the 
111th Congress.’’. 
SEC. 1046. AUTHORIZATION OF APPROPRIATIONS FOR PAY-
MENTS TO PORTUGUESE NATIONALS EM-
PLOYED BY THE DEPARTMENT OF DEFENSE. 
(a) AUTHORIZATION
FOR PAYMENTS.—Subject to 
subsection (b), the Secretary of Defense may authorize 
payments to Portuguese nationals employed by the De-
partment of Defense in Portugal, for the difference be-
tween— 
(1) the salary increases resulting from section 
8002 of the Department of Defense Appropriations 
Act, 2006 (Public Law 109–148; 119 Stat. 2697; 10 
U.S.C. 1584 note) and section 8002 of the Depart-
ment of Defense Appropriations Act, 2007 (Public 
Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 
note); and 
(2) salary increases supported by the Depart-
ment of Defense Azores Foreign National wage sur-
veys for survey years 2006 and 2007.
458 
(b) LIMITATION.—The authority provided in sub-
section (a) may be exercised only if— 
(1) the wage survey methodology described in 
the United States—Portugal Agreement on Coopera-
tion and Defense, with supplemental technical and 
labor agreements and exchange of notes, signed at 
Lisbon on June 1, 1995, and entered into force on 
November 21, 1995, is eliminated; and 
(2) the agreements and exchange of notes re-
ferred to in paragraph (1) and any implementing 
regulations thereto are revised to provide that the 
obligations of the United States regarding annual 
pay increases are subject to United States appro-
priation law governing the funding available for such 
increases. 
(c) AUTHORIZATION FOR APPROPRIATION.—Of the 
amounts authorized to be appropriated under title III, not 
less than $240,000 is authorized to be appropriated for 
fiscal year 2010 for the purpose of the payments author-
ized by subsection (a). 
SEC. 1047. COMBAT AIR FORCES RESTRUCTURING. 
(a) LIMITATIONS
RELATING
TO
LEGACY
AIR-
CRAFT.—Until the expiration of the 90-day period begin-
ning on the date the Secretary of the Air Force submits
459 
a report in accordance with subsection (b), the following 
provisions apply: 
(1) PROHIBITION
ON
RETIREMENT
OF
AIR-
CRAFT.—The Secretary of the Air Force may not re-
tire any fighter aircraft pursuant to the Combat Air 
Forces restructuring plan announced by the Sec-
retary on May 18, 2009. 
(2) PROHIBITION
ON
PERSONNEL
REASSIGN-
MENTS.—The Secretary of the Air Force may not 
reassign any Air Force personnel (whether on active 
duty or a member of a reserve component, including 
the National Guard) associated with such restruc-
turing plan. 
(3) REQUIREMENTS TO CONTINUE FUNDING.— 
(A) Of the funds authorized to be appro-
priated in title III of this Act for operations 
and maintenance for the Air Force, at least 
$344,600,000 shall be expended for continued 
operation and maintenance of the 249 fighter 
aircraft scheduled for retirement in fiscal year 
2010 pursuant to such restructuring plan. 
(B) Of the funds authorized to be appro-
priated in title I of this Act for procurement for 
the Air Force, at least $10,500,000 shall be 
available for obligation to provide for any modi-
460 
fications necessary to sustain the 249 fighter 
aircraft. 
(b) REPORT.—The report under subsection (a) shall 
be submitted to the Committees on Armed Services of the 
House of Representatives and the Senate and shall include 
the following information: 
(1) A detailed plan of how the force structure 
and capability gaps resulting from the retirement ac-
tions will be addressed. 
(2) An explanation of the assessment conducted 
of the current threat environment and current capa-
bilities. 
(3) A description of the follow-on mission as-
signments for each affected base. 
(4) An explanation of the criteria used for se-
lecting the affected bases and the particular fighters 
chosen for retirement. 
(5) A description of the environmental analyses 
being conducted. 
(6) An identification of the reassignment and 
manpower authorizations necessary for the Air 
Force personnel (both active duty and reserve com-
ponent) affected by the retirements if such retire-
ments are accomplished.
461 
(7) A description of the funding needed in fiscal 
years 2010 through 2015 to cover operation and 
maintenance costs, personnel, and aircraft procure-
ment, if the restructuring plan is not carried out. 
(8) An estimate of the cost avoidance should 
the restructuring plan more forward and a descrip-
tion of how such funds would be invested during the 
future-years defense plan to ensure the remaining 
fighter force achieves the desired service life and is 
sufficiently modernized to outpace the threat. 
(c) EXCEPTION FOR CERTAIN AIRCRAFT.—The pro-
hibition in subsection (a)(1) shall not apply to the five 
fighter aircraft scheduled for retirement in fiscal year 
2010, as announced when the budget for fiscal year 2009 
was submitted to Congress. 
SEC. 1048. SENSE OF CONGRESS HONORING THE HONOR-
ABLE ELLEN O. TAUSCHER. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) In 1996, Representative Ellen O. Tauscher 
was elected to represent California’s 10th Congres-
sional district, which is located in the East Bay Area 
of northern California and consists of parts of So-
lano, Contra Costa, Alameda, and Sacramento coun-
ties.
462 
(2) Representative Tauscher also represents two 
of the Nation’s defense laboratories, Lawrence 
Livermore and the California campus of Sandia, as 
well as Travis Air Force Base, home of the 60th Air 
Mobility Wing and the Camp Parks Army Reserve 
facility. 
(3) Prior to her service in Congress, Represent-
ative Tauscher worked in the private sector for 20 
years, 14 of which were on Wall Street. 
(4) At age 25, Representative Tauscher became 
one of the first women, and the youngest at the 
time, to hold a seat on the New York Stock Ex-
change, and she later served as an officer of the 
American Stock Exchange. 
(5) Representative Tauscher moved to Cali-
fornia in 1989 and shortly afterwards founded the 
first national research service to help parents verify 
the background of childcare workers while she 
sought quality childcare for her own daughter. 
(6) Subsequently, Representative Tauscher pub-
lished a book to help working parents make in-
formed decisions about their own childcare needs. 
(7) Representative Tauscher is known by her 
colleagues in Congress as a leader on national secu-
rity and nonproliferation issues.
463 
(8) During her tenure, she has introduced legis-
lation to increase and expand the Nation’s non-
proliferation programs, strengthen the Stockpile 
Stewardship Program, and provide the Nation’s 
troops with the support and equipment they deserve. 
(9) In the 110th Congress, Representative 
Tauscher was appointed Chairman of the Strategic 
Forces Subcommittee of the Armed Services Com-
mittee of the House of Representatives, becoming 
only the third woman in history to chair an Armed 
Services subcommittee. 
(10) Representative Tauscher is also the first 
California Democrat to be elevated to an Armed 
Services Subcommittee Chairmanship since 1992. 
(11) Representative Tauscher is currently serv-
ing her second term as the Chairman of the House 
New Democrat Coalition, and she was appointed by 
the Speaker of the House to serve as the Vice Chair 
for the Future Security and Defense Capabilities 
Subcommittee of the Defense and Security Com-
mittee of NATO’s Parliamentary Assembly. 
(12) On May 5, 2009, the President nominated 
Representative Tauscher to serve as Under Sec-
retary of State for Arms Control and International 
Security at the Department of State.
464 
(b) SENSE OF CONGRESS.—It is the Sense of Con-
gress that the Honorable Ellen O. Tauscher, Representa-
tive from California, has served the House of Representa-
tives and the American people selflessly and with distinc-
tion, and that she deserves the sincere and humble grati-
tude of Congress and the Nation. 
SEC. 1049. SENSE OF CONGRESS CONCERNING THE DIS-
POSITION OF SUBMARINE NR–1. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Deep Submergence Vessel NR–1 (here-
inafter in this section referred to as ‘‘NR–1’’) was 
built by the Electric Boat Company in Groton, Con-
necticut, entered service in 1969, and was the only 
nuclear-powered research submersible in the United 
States Navy. 
(2) NR–1 was assigned to Naval Submarine 
Base New London, located in Groton, Connecticut 
throughout her entire service life. 
(3) NR–1 was inactivated in December 2008. 
(4) Due to the unique capabilities of NR–1, it 
conducted numerous missions of significant military 
and scientific value most notably in the fields of geo-
logical survey and oceanographic research.
465 
(5) In 1986, NR–1 played a key role in the 
search for and recovery of the Space Shuttle Chal-
lenger. 
(6) The mission of the Submarine Force Li-
brary and Museum in Groton, Connecticut, is to col-
lect, preserve, and interpret the history of the 
United States Naval Submarine Force in order to 
honor veterans and to educate naval personnel and 
the public in the heritage and traditions of the Sub-
marine Force. 
(7) NR–1 is a unique and irreplaceable part of 
the history of the Navy and the Submarine Force 
and an educational and historical asset that should 
be shared with the Nation and the world. 
(b) SENSE OF CONGRESS.—It is the Sense of Con-
gress that— 
(1) NR–1 is a unique and irreplaceable part of 
the Nation’s history and as much of the vessel as 
possible should be preserved for the historical and 
educational benefit of all Americans at the Sub-
marine Force Museum and Library in Groton, Con-
necticut; and 
(2) the Secretary of the Navy should ensure 
that as much of the vessel as possible, including 
unique components of on-board equipment and clear-
466 
ly recognizable sections of the hull and super-
structure, to the full extent practicable, are made 
available for transfer to the Submarine Force Mu-
seum and Library. 
SEC. 1050. COMPLIANCE WITH REQUIREMENT FOR PLAN 
ON THE DISPOSITION OF DETAINEES AT 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
The Secretary of Defense shall comply with the re-
quirements of section 1023(b) of this Act, regarding the 
transfer or release of the individuals detained at Naval 
Station, Guantanamo Bay, Cuba. 
SEC. 1051. SENSE OF CONGRESS REGARDING CARRIER AIR 
WING FORCE STRUCTURE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The requirement of section 5062(b) of title 
10, United States Code, for the Navy to maintain 
not less than 11 operational aircraft carriers, means 
that the naval combat forces of the Navy also in-
clude not less than 10 carrier air wings. 
(2) The Department of the Navy currently re-
quires a carrier air wing to include not less than 44 
strike fighter aircraft. 
(3) In spite of the potential warfighting benefits 
that may result in the deployment of fifth-generation
467 
strike fighter aircraft, for the foreseeable future the 
majority of the strike fighter aircraft assigned to a 
carrier air wing will not be fifth-generation assets. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) in addition to the forces described in section 
5062(b) of title 10, United States Code, the naval 
combat forces of the Navy should include not less 
than 10 carrier air wings (even if the number of air-
craft carriers is temporarily reduced) that are com-
prised of, in addition to any other aircraft, not less 
than 44 strike fighter aircraft; and 
(2) the Secretary of the Navy should take all 
appropriate actions necessary to make resources 
available in order to include such number of strike 
fighter aircraft in each carrier air wing. 
SEC. 1052. SENSE OF CONGRESS ON DEPARTMENT OF DE-
FENSE 
FINANCIAL 
IMPROVEMENT 
AND 
AUDIT READINESS; PLAN. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Department of Defense is the largest 
agency in the Federal Government, owning 86 per-
cent of the Government’s assets, estimated at $4.6 
trillion.
468 
(2) It is essential that the Department maintain 
strong financial management and business systems 
that allow for comprehensive auditing, in order to 
improve financial management government-wide and 
to achieve an opinion on the Federal Government’s 
consolidated financial statements. 
(3) Several major pieces of legislation, such as 
the Chief Financial Officers Act of 1990 (Public 
Law 101–576) and the Federal Financial Manage-
ment Improvement Act of 1996 (Public Law 104– 
208; 31 U.S.C. 3512 note) have required published 
financial statement audits, reporting by auditors re-
garding whether the Department’s financial manage-
ment systems comply substantially with Federal ac-
counting standards, and other measures intended to 
ensure financial management systems of the Depart-
ment provide accurate, reliable, and timely financial 
management information. 
(4) Nevertheless, according to the January 
2009 update to the Government Accountability Of-
fice High Risk Series, to date, only ‘‘* * * the U.S. 
Army Corps of Engineers, Civil Works has achieved 
a clean audit opinion on its financial statements. 
None of the military services have received favorable 
financial statement audit opinions, and the Depart-
469 
ment has annually acknowledged that long-standing 
pervasive weaknesses in its business systems, proc-
esses, and controls have prevented auditors from de-
termining the reliability of reported financial state-
ment information.’’. 
(5) In response to a congressional mandate, the 
Department issued its first biennial Financial Im-
provement and Audit Readiness Plan in December 
2005, to delineate its strategy for addressing finan-
cial management challenges and achieving clean 
audit opinions. This 2005 report projected that 69 
percent of assets and 80 percent of liabilities would 
be ‘‘clean’’ by 2009, yet in the latest report in 
March 2009 the Department projects it will achieve 
an unqualified audit on only 45 percent of its assets 
and liabilities by 2009. The Department of Defense 
is falling behind its original plan to achieve full com-
pliance with the law by 2017. 
(6) Following the passage of the Sarbanes- 
Oxley Act of 2002 (Public Law 107–204), publicly 
traded corporations in the United States would face 
severe penalties for similar deficiencies in financial 
management and accountability. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that it is no longer excusable to allow poor business
470 
systems, a deficiency of resource allocation, or a lack of 
commitment from senior Department of Defense leader-
ship to foster waste or non-accountability to the United 
States taxpayer. It is the further sense of Congress that 
the Secretary of Defense has not made compliance with 
financial management and audit readiness standards a top 
priority and should require, through the Chief Manage-
ment Officer of the Department of Defense, that each 
component of the Department develop and implement a 
specific plan to become compliant with the law well in ad-
vance of 2017. 
(c) PLAN.—In the next update of the Financial Im-
provement and Audit Readiness Plan, following the date 
of the enactment of this Act, the Secretary of Defense 
shall outline a plan to achieve a full, unqualified audit of 
the Department of Defense by September 30, 2013. In 
the plan, the Secretary shall also identify a mechanism 
to conduct audits of the military intelligence programs and 
agencies and to submit audited financial statements for 
such agencies to Congress in a classified manner. 
SEC. 1053. JUSTICE FOR VICTIMS OF TORTURE AND TER-
RORISM. 
(a) FINDINGS.—Congress makes the following find-
ings:
471 
(1) At the request of President George W. 
Bush, Congress permitted the President to waive ap-
plicable provisions of the National Defense Author-
ization Act for Fiscal Year 2008 with respect to ju-
dicially cognizable claims of American victims of tor-
ture and hostage taking by the Government of Iraq. 
(2) In return, however, Congress requested the 
executive branch to resolve these claims through ne-
gotiations with Iraq. 
(3) After considerable delay, officials of the De-
partment of State have informed Members of Con-
gress that these negotiations are underway. 
(4) Congress appreciates the start of the nego-
tiations and will monitor the progress in the prompt 
and equitable resolution of these claims. 
(5) Congress notes that the House of Rep-
resentatives in the 110th Congress unanimously 
adopted H.R. 5167, the Justice for Victims of Tor-
ture and Terrorism Act, which set forth an appro-
priate compromise of these claims. 
(6) In the interest of assisting the new demo-
cratic government of Iraq, H.R. 5167 offers a con-
siderable compromise to all parties involved by 
waiving all punitive damages awarded by the courts
472 
in these cases, as well as approximately two-thirds of 
compensatory damages awarded by the courts. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that as the negotiations to resolve the claims of 
American victims of torture and hostage taking by the 
Government of Iraq that are referred to in subsection 
(a)(1) proceed, Congress continues to view the provisions 
of H.R. 5167 of the 110th Congress as representing a fair 
compromise of these claims. 
SEC. 1054. REPEAL OF CERTAIN LAWS PERTAINING TO THE 
JOINT COMMITTEE FOR THE REVIEW OF 
COUNTERPROLIFERATION 
PROGRAMS 
OF 
THE UNITED STATES. 
(a) JOINT
COMMITTEE
FOR
THE
REVIEW
OF 
COUNTERPROLIFERATION PROGRAMS.—Section 1605 of 
the National Defense Authorization Act for Fiscal Year 
1994 (Public Law 103–160; 22 U.S.C. 2751 note) is re-
pealed. 
(b) BIENNIAL REPORT ON COUNTERPROLIFERATION 
ACTIVITIES AND PROGRAMS.—Section 1503 of the Na-
tional Defense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 22 U.S.C. 2751 note) is repealed.
473 
SEC. 1055. NOTIFICATION AND ACCESS OF INTERNATIONAL 
COMMITTEE OF THE RED CROSS WITH RE-
SPECT TO DETAINEES AT THEATER INTERN-
MENT FACILITY AT BAGRAM AIR BASE, AF-
GHANISTAN. 
(a) NOTIFICATION.—The head of a military service 
or department, or of a Federal department or agency, that 
has custody or effective control of the Theater Internment 
Facility at Bagram Air Base, Afghanistan, or of any indi-
vidual detained at such facility, shall, upon the detention 
of any such individual at facility, notify the International 
Committee of the Red Cross (referred to in this section 
as the ‘‘ICRC’’) of such custody or effective control, as 
soon as possible. 
(b) ACCESS.—The head of a military service or de-
partment, or of a Federal department or agency, with ef-
fective control of the Theater Internment Facility at 
Bagram Air Base, Afghanistan, pursuant to subsection 
(a), shall ensure ICRC access to any detainee within 24 
hours of the receipt by such head of an ICRC request to 
access the detainee. Such access to the detainee shall con-
tinue pursuant to ICRC protocols and agreements reached 
between the ICRC and the head of a military service or 
department, or of a Federal department or agency, with 
effective control over the Theater Internment Facility at 
Bagram Air Base, Afghanistan.
474 
(c) SCOPE OF ACCESS.—The ICRC shall be provided 
access, in accordance with this section, to any physical lo-
cality at the Theater Internment Facility at Bagram Air 
Base, Afghanistan, determined by the ICRC to be relevant 
to the treatment of the detainee, including the detainee’s 
cell or room, interrogation facilities or rooms, hospital or 
related health care facilities or rooms, or other locations 
not named in this section. 
(d) CONSTRUCTION.—Nothing in this section shall be 
construed to— 
(1) create or modify the authority of a military 
service or department, a Federal law enforcement 
agency, or the intelligence community to detain an 
individual; or 
(2) limit or otherwise affect any other rights or 
obligations which may arise under the Geneva Con-
ventions, other international agreements, or other 
laws, or to state all of the situations under which no-
tification to and access for the International Com-
mittee of the Red Cross is required or allowed. 
SEC. 1056. SENSE OF CONGRESS HONORING THE HONOR-
ABLE JOHN M. MCHUGH. 
(a) FINDINGS.—Congress makes the following find-
ings:
475 
(1) In 1993, Representative John M. McHugh 
was elected to represent New York’s 23rd Congres-
sional district, which is located in northern New 
York and consists of Clinton, Hamilton, Lewis, 
Oswego, Madison, and Saint Lawrence counties and 
parts of Essex, Franklin, Fulton, and Oneida coun-
ties. 
(2) Representative McHugh also represents 
Fort Drum, home of the 10th Mountain Division. 
(3) Prior to his service in Congress, Represent-
ative McHugh served four terms in the New York 
State Senate, representing the 48th district from 
1984 to 1992. 
(4) Representative McHugh began his public 
service career in 1971 in his hometown of Water-
town, New York, where he served for five years as 
a Confidential Assistant to the City Manager. 
(5) 
Subsequently, 
Representative 
McHugh 
served for nine years as Chief of Research and Liai-
son with local governments for New York State Sen-
ator H. Douglas Barclay. 
(6) Representative McHugh is known by his 
colleagues as a leader on national defense and secu-
rity issues and a tireless advocate for America’s mili-
tary personnel and their families.
476 
(7) During his tenure, he has led the effort to 
increase Army and Marine Corps end-strength levels, 
increase military personnel pay, reduce the unfair 
tax on veterans’ disability and military retired pay 
(concurrent receipt) and safeguard military retiree 
benefits for our troops. 
(8) Since the 103rd Congress, Representative 
McHugh has served on the Armed Services Com-
mittee of the House of Representatives and subse-
quently was appointed Chairman of the Morale, Wel-
fare, and Recreation Panel before being appointed 
Chairman of the Military Personnel Subcommittee. 
(9) Representative McHugh began serving on 
the Unites States Military Academy Board of Visi-
tors in 1995, and he was appointed to the Board of 
Visitors by the Speaker of the House in 2007. 
(10) In the 111th Congress, Representative 
McHugh was appointed Ranking Member of the 
Armed Services Committee of the House of Rep-
resentatives by the Republican membership of the 
House of Representatives. 
(11) On June 2, 2009, the President announced 
his intention to nominate Representative McHugh to 
serve as the Secretary of the Army.
477 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Honorable John M. McHugh, Representa-
tive from New York, has served the House of Representa-
tives and the American people selflessly and with distinc-
tion and that he deserves the sincere and humble gratitude 
of Congress and the Nation. 
SEC. 1057. PUBLIC DISCLOSURE OF NAMES OF STUDENTS 
AND 
INSTRUCTORS 
AT 
WESTERN 
HEMI-
SPHERE 
INSTITUTE 
FOR 
SECURITY 
CO-
OPERATION. 
Section 2166 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(j) PUBLIC DISCLOSURE OF STUDENTS AND IN-
STRUCTORS.—(1) The Secretary of Defense shall release 
to the public, upon request, the information described in 
paragraph (2) for each of fiscal years 2005, 2006, 2007, 
2008, and 2009, and any fiscal year thereafter. 
‘‘(2) The information to be released under paragraph 
(1) shall include the following with respect to the fiscal 
year covered: 
‘‘(A) The entire name, including the first, mid-
dle, and maternal and paternal surnames, with re-
spect to each student and instructor at the Institute. 
‘‘(B) The rank of each student and instructor.
478 
‘‘(C) The country of origin of each student and 
instructor. 
‘‘(D) The courses taken by each student. 
‘‘(E) The courses taught by each instructor. 
‘‘(F) Any years of attendance by each student 
in addition to the fiscal year covered.’’. 
SEC. 1058. REQUIREMENT FOR VIDEOTAPING OR OTHER-
WISE ELECTRONICALLY RECORDING STRA-
TEGIC INTELLIGENCE INTERROGATIONS OF 
PERSONS IN THE CUSTODY OF OR UNDER 
THE EFFECTIVE CONTROL OF THE DEPART-
MENT OF DEFENSE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) In January 2009, the Secretary of Defense 
tasked a special Department of Defense team to re-
view the conditions of confinement at Naval Station, 
Guantanamo Bay, Cuba, to ensure all detainees 
there are being held ‘‘in conformity with all applica-
ble laws governing the conditions of confinement, in-
cluding Common Article 3 of the Geneva Conven-
tions’’, pursuant to the President’s Executive Order 
on Review and Disposition of Individuals Detained 
at the Guanta´namo Bay Naval Base and Closure of 
Detention Facilities, dated January 22, 2009.
479 
(2) That review, led by Admiral Patrick M. 
Walsh, included as one of its five key recommenda-
tions the following statement: ‘‘Fourth, we endorse 
the use of video recording in all camps and for all 
interrogations. The use of video recordings to con-
firm humane treatment could be an important en-
abler for detainee operations. Just as internal con-
trols provide standardization, the use of video re-
cordings provides the capability to monitor perform-
ance and maintain accountability.’’. 
(3) Congress concurs and finds that the imple-
mentation of such a detainee videorecording require-
ment within the Department of Defense is in the na-
tional security interest of the United States. 
(b) IN GENERAL.—In accordance with the Army 
Field Manual on Human Intelligence Collector Operations 
(FM 2–22.3, September 2006), or any successor thereto, 
and the guidelines developed pursuant to subsection (f), 
the Secretary of Defense shall take such actions as are 
necessary to ensure the videotaping or otherwise electroni-
cally recording of each strategic intelligence interrogation 
of any person who is in the custody or under the effective 
control of the Department of Defense or under detention 
in a Department of Defense facility.
480 
(c) CLASSIFICATION OF INFORMATION.—To protect 
United States national security, the safety of the individ-
uals conducting or assisting in the conduct of a strategic 
intelligence interrogation, and the privacy of persons de-
scribed in subsection (b), the Secretary of Defense shall 
provide for the appropriate classification of video tapes or 
other electronic recordings made pursuant to subsection 
(b). The use of such classified video tapes or other elec-
tronic recordings in proceedings conducted under the De-
tainee Treatment Act of 2005 (title 14 of Public Law 
109–163 and title 10 of Public Law 109–148), the Mili-
tary Commissions Act of 2006 (10 U.S.C. 948 et seq.; 
Public Law 109–366), or any other provision of law shall 
be governed by applicable rules, regulations, and law. 
(d) STRATEGIC INTELLIGENCE INTERROGATION DE-
FINED.—For purposes of this section, the term ‘‘strategic 
intelligence interrogation’’ means an interrogation of a 
person described in subsection (b) conducted at a theater- 
level detention facility. 
(e) EXCLUSION.—Nothing in this section shall be 
construed as requiring— 
(1) any member of the Armed Forces engaged 
in direct combat operations to videotape or otherwise 
electronically record a person described in subsection 
(b); or
481 
(2) the videotaping or other electronic recording 
of tactical questioning, as such term is defined in 
the Army Field Manual on Human Intelligence Col-
lector Operations (FM 2–22.3, September 2006), or 
any successor thereto. 
(f) GUIDELINES FOR VIDEOTAPE AND OTHER ELEC-
TRONIC RECORDINGS.— 
(1) DEVELOPMENT OF GUIDELINES.—The Sec-
retary of Defense, acting through the Judge Advo-
cates General (as defined in section 801(1) of title 
10, United States Code, (Article 1 of the Uniform 
Code of Military Justice)), shall develop and adopt 
uniform guidelines designed to ensure that the 
videotaping or other electronic recording required 
under subsection (b), at a minimum— 
(A) promotes full compliance with the laws 
of the United States; 
(B) is maintained for a length of time that 
serves the interests of justice in cases for which 
trials are being or may be conducted pursuant 
to the Detainee Treatment Act of 2005 (title 14 
of Public Law 109–163 and title 10 of Public 
Law 109–148), the Military Commissions Act 
of 2006 (10 U.S.C. 948 et seq.; Public Law 
109–366), or any other provision of law;
482 
(C) promotes the exploitation of intel-
ligence; and 
(D) ensures the safety of all participants 
in the interrogations. 
(2) SUBMITTAL TO CONGRESS.—Not later than 
30 days after the date of the enactment of this sec-
tion, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and 
House of Representatives a report containing the 
guidelines developed under paragraph (1). Such re-
port shall be in an unclassified form but may include 
a classified annex. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Authority to employ individuals completing the National Security 
Education Program. 
Sec. 1102. Authority for employment by Department of Defense of individuals 
who have successfully completed the requirements of the 
science, 
mathematics, 
and 
research 
for 
transformation 
(SMART) defense scholarship program. 
Sec. 1103. Authority for the employment of individuals who have successfully 
completed the Department of Defense information assurance 
scholarship program. 
Sec. 1104. Additional personnel authorities for the Special Inspector General 
for Afghanistan Reconstruction. 
Sec. 1105. One-year extension of authority to waive annual limitation on pre-
mium pay and aggregate limitation on pay for Federal civilian 
employees working overseas. 
Sec. 1106. Extension of certain benefits to Federal civilian employees on official 
duty in Pakistan. 
Sec. 1107. Authority to expand scope of provisions relating to unreduced com-
pensation for certain reemployed annuitants. 
Sec. 1108. Requirement for Department of Defense strategic workforce plans. 
Sec. 1109. Adjustments to limitations on personnel and requirement for annual 
manpower reporting. 
Sec. 1110. Modification to Department of Defense laboratory personnel author-
ity.
483 
Sec. 1111. Pilot program for the temporary exchange of information technology 
personnel. 
Sec. 1112. Provisions relating to the National Security Personnel System. 
Sec. 1113. Provisions relating to the Defense Civilian Intelligence Personnel 
System. 
Sec. 1114. Sense of Congress on pay parity for Federal employees service at 
Joint Base McGuire/Dix/Lakehurst. 
SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COM-
PLETING THE NATIONAL SECURITY EDU-
CATION PROGRAM. 
(a) AUTHORITY FOR EMPLOYMENT.—Section 802 of 
the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended by adding at the end 
the following new subsection: 
‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 
The Secretary of Defense, the head of an element of the 
intelligence community, the Secretary of Homeland Secu-
rity, the Secretary of State, or the head of a Federal agen-
cy or office identified by the Secretary of Defense under 
subsection (g) as having national security responsibil-
ities— 
‘‘(1) may, without regard to any provision of 
title 5 governing appointment of employees to posi-
tions in the Department of Defense, an element of 
the intelligence community, the Department of 
Homeland Security, the Department of State, or 
such Federal agency or office, appoint to a position 
that is identified under subsection (b)(2)(A)(i) as 
having national security responsibilities, or to a posi-
484 
tion in such Federal agency or office, in the excepted 
service an individual who has successfully completed 
an academic program for which a scholarship or fel-
lowship under this section was awarded and who, 
under the terms of the agreement for such scholar-
ship or fellowship, at the time of such appointment 
owes a service commitment to such Department, 
such element, or such Federal agency or office; and 
‘‘(2) may, upon satisfactory completion of two 
years of substantially continuous service by an in-
cumbent who was appointed to an excepted service 
position under the authority of paragraph (1), con-
vert the appointment of such individual, without 
competition, to a career or career conditional ap-
pointment.’’. 
(b) TECHNICAL AMENDMENT.—Section 808 of such 
Act (50 U.S.C. 1908) is amended by adding at the end 
the following new paragraph: 
‘‘(6) The term ‘intelligence community’ has the 
meaning given the term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4)).’’.
485 
SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPART-
MENT OF DEFENSE OF INDIVIDUALS WHO 
HAVE SUCCESSFULLY COMPLETED THE RE-
QUIREMENTS 
OF 
THE 
SCIENCE, 
MATHE-
MATICS, 
AND 
RESEARCH 
FOR 
TRANS-
FORMATION (SMART) DEFENSE SCHOLAR-
SHIP PROGRAM. 
(a) AUTHORITY FOR EMPLOYMENT.—Subsection (d) 
of section 2192a of title 10, United States Code, is amend-
ed to read as follows: 
‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 
The Secretary of Defense— 
‘‘(1) may, without regard to any provision of 
title 5 governing appointment of employees to posi-
tions in the Department of Defense, appoint to a po-
sition in the Department of Defense in the excepted 
service an individual who has successfully completed 
an academic program for which a scholarship or fel-
lowship under this section was awarded and who, 
under the terms of the agreement for such scholar-
ship or fellowship, at the time of such appointment 
owes a service commitment to the Department; and 
‘‘(2) may, upon satisfactory completion of two 
years of substantially continuous service by an in-
cumbent who was appointed to an excepted service 
position under the authority of paragraph (1), con-
486 
vert the appointment of such individual, without 
competition, to a career or career conditional ap-
pointment.’’. 
(b) CONFORMING AMENDMENT.—Subsection (c)(2) 
of such section is amended by striking ‘‘Except as pro-
vided in subsection (d), the’’ in the second sentence and 
inserting ‘‘The’’. 
(c) TECHNICAL AMENDMENTS.—Subsection (f) of 
such section is amended— 
(1) by striking the first sentence; and 
(2) by striking ‘‘the authorities provided in such 
chapter’’ and inserting ‘‘the other authorities pro-
vided in this chapter’’. 
(d) REPEAL OF OBSOLETE PROVISION.—Such sec-
tion is further amended by striking subsection (g). 
SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVID-
UALS 
WHO 
HAVE 
SUCCESSFULLY 
COM-
PLETED THE DEPARTMENT OF DEFENSE IN-
FORMATION ASSURANCE SCHOLARSHIP PRO-
GRAM. 
Section 2200a of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 
The Secretary of Defense—
487 
‘‘(1) may, without regard to any provision of 
title 5 governing appointments in the competitive 
service, appoint to an information technology posi-
tion in the Department of Defense in the excepted 
service an individual who has successfully completed 
an academic program for which a scholarship under 
this section was awarded and who, under the terms 
of the agreement for such scholarship, at the time 
of such appointment owes a service commitment to 
the Department; and 
‘‘(2) may, upon satisfactory completion of two 
years of substantially continuous service by an in-
cumbent who was appointed to an excepted service 
position under the authority of paragraph (1), con-
vert the appointment of such individual, without 
competition, to a career or career conditional ap-
pointment.’’. 
SEC. 1104. ADDITIONAL PERSONNEL AUTHORITIES FOR 
THE SPECIAL INSPECTOR GENERAL FOR AF-
GHANISTAN RECONSTRUCTION. 
Section 1229(h) of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 381) is amended by striking paragraph (1) and in-
serting the following: 
‘‘(1) PERSONNEL.—
488 
‘‘(A) IN GENERAL.—The Inspector General 
may select, appoint, and employ such officers 
and employees as may be necessary for carrying 
out the duties of the Inspector General, subject 
to the provisions of title 5, United States Code, 
governing appointments in the competitive serv-
ice, and the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title, relating 
to classification and General Schedule pay 
rates. 
‘‘(B) ADDITIONAL AUTHORITIES.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Inspector General may exercise the 
authorities of subsections (b) through (i) of 
section 3161 of title 5, United States Code 
(without regard to subsection (a) of that 
section). 
‘‘(ii) PERIODS OF APPOINTMENTS.— 
In exercising the employment authorities 
under subsection (b) of section 3161 of 
title 5, United States Code, as provided 
under clause (i) of this subparagraph— 
‘‘(I) paragraph (2) of that sub-
section (relating to periods of appoint-
ments) shall not apply; and
489 
‘‘(II) no period of appointment 
may exceed the date on which the Of-
fice of the Special Inspector General 
for Afghanistan Reconstruction termi-
nates under subsection (o).’’. 
SEC. 1105. 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. 
Subsection (a) of section 1101 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4615), is amended by 
striking ‘‘calendar year 2009’’ and inserting ‘‘calendar 
years 2009 and 2010’’. 
SEC. 1106. EXTENSION OF CERTAIN BENEFITS TO FEDERAL 
CIVILIAN EMPLOYEES ON OFFICIAL DUTY IN 
PAKISTAN. 
Section 1603(a)(2) of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Ter-
ror, and Hurricane Recovery, 2006 (Public Law 109–234; 
120 Stat. 443), as amended by section 1102 of the Dun-
can Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417;122 Stat. 4616), is
490 
amended by inserting ‘‘Pakistan or’’ after ‘‘is on official 
duty in’’. 
SEC. 1107. AUTHORITY TO EXPAND SCOPE OF PROVISIONS 
RELATING TO UNREDUCED COMPENSATION 
FOR CERTAIN REEMPLOYED ANNUITANTS. 
(a) IN GENERAL.—Section 9902(h) of title 5, United 
States Code, is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) Benefits similar to those provided by para-
graphs (1) and (2) may be extended, in accordance 
with regulations prescribed by the President, so as 
to be made available with respect to reemployed an-
nuitants within the Department of Defense who are 
subject to such other retirement systems for Govern-
ment employees as may be provided for under such 
regulations.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (4) of 
section 9902(h) of such title 5 (as so designated by sub-
section (a)(1)) is amended by striking the period and in-
serting ‘‘, excluding paragraph (3).’’.
491 
SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE 
STRATEGIC WORKFORCE PLANS. 
(a) CODIFICATION
OF REQUIREMENT
FOR STRA-
TEGIC WORKFORCE PLAN.— 
(1) IN GENERAL.—Chapter 2 of title 10, United 
States Code, is amended by adding after section 
115a the following new section: 
‘‘§ 115b. Annual strategic workforce plan 
‘‘(a) ANNUAL PLAN REQUIRED.—(1) The Secretary 
of Defense shall submit to the congressional defense com-
mittees on an annual basis a strategic workforce plan to 
shape and improve the civilian employee workforce of the 
Department of Defense. 
‘‘(2) The Under Secretary of Defense for Personnel 
and Readiness shall have overall responsibility for devel-
oping and implementing the strategic workforce plan, in 
consultation with the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics. 
‘‘(b) CONTENTS.—Each strategic workforce plan 
under subsection (a) shall include, at a minimum, the fol-
lowing: 
‘‘(1) An assessment of— 
‘‘(A) the critical skills and competencies 
that will be needed in the future within the ci-
vilian employee workforce by the Department of 
Defense to support national security require-
492 
ments and effectively manage the Department 
during the seven-year period following the year 
in which the plan is submitted; 
‘‘(B) the appropriate mix of military, civil-
ian, and contractor personnel capabilities; 
‘‘(C) the critical skills and competencies of 
the existing civilian employee workforce of the 
Department and projected trends in that work-
force based on expected losses due to retirement 
and other attrition; and 
‘‘(D) gaps in the existing or projected civil-
ian employee workforce of the Department that 
should be addressed to ensure that the Depart-
ment has continued access to the critical skills 
and competencies described in subparagraphs 
(A) and (C). 
‘‘(2) A plan of action for developing and re-
shaping the civilian employee workforce of the De-
partment to address the gaps in critical skills and 
competencies identified under paragraph (1)(D), in-
cluding— 
‘‘(A) specific recruiting and retention 
goals, especially in areas identified as critical 
skills and competencies under paragraph (1), 
including the program objectives of the Depart-
493 
ment to be achieved through such goals and the 
funding needed to achieve such goals; 
‘‘(B) specific strategies for developing, 
training, deploying, compensating, and moti-
vating the civilian employee workforce of the 
Department, including the program objectives 
of the Department to be achieved through such 
strategies and the funding needed to implement 
such strategies; 
‘‘(C) any incentives necessary to attract or 
retain any civilian personnel possessing the 
skills and competencies identified in paragraph 
(1); 
‘‘(D) any changes in the number of per-
sonnel authorized in any category of personnel 
listed in subsection (f)(1) or in the acquisition 
workforce that may be needed to address such 
gaps and effectively meet the needs of the De-
partment; 
‘‘(E) any changes in the rates or methods 
of pay for any category of personnel listed in 
subsection (f)(1) or in the acquisition workforce 
that may be needed to address inequities and 
ensure that the Department has full access to 
appropriately qualified personnel to address
496 
submittal of reports under this subsection that enables the 
Secretary to consider the material submitted in a timely 
manner and incorporate such material, as appropriate, 
into the strategic workforce plan required by this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘senior management, functional, 
and technical workforce of the Department of De-
fense’ includes the following categories of Depart-
ment of Defense civilian personnel: 
‘‘(A) Appointees in the Senior Executive 
Service under section 3131 of title 5. 
‘‘(B) Persons serving in positions described 
in section 5376(a) of title 5. 
‘‘(C) Highly qualified experts appointed 
pursuant to section 9903 of title 5. 
‘‘(D) Scientists and engineers appointed 
pursuant to section 342(b) of the National De-
fense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 108 Stat. 2721), as 
amended by section 1114 of the Floyd D. 
Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public 
Law 106–398 (114 Stat. 1654A–315)). 
‘‘(E) Scientists and engineers appointed 
pursuant to section 1101 of the Strom Thur-
497 
mond National Defense Authorization Act for 
Fiscal Year 1999 (5 U.S.C. 3104 note). 
‘‘(F) Persons serving in the Defense Intel-
ligence Senior Executive Service under section 
1606 of this title. 
‘‘(G) Persons serving in Intelligence Senior 
Level positions under section 1607 of this title. 
‘‘(2) The term ‘acquisition workforce’ includes 
individuals designated under section 1721 as filling 
acquisition positions.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 2 of such title is 
amended by inserting after the item relating to sec-
tion 115a the following new item: 
‘‘115b. Annual strategic workforce plan.’’. 
(b) COMPTROLLER GENERAL REVIEW.—Not later 
than 180 days after the date on which the Secretary of 
Defense submits to the congressional defense committees 
an annual strategic workforce plan under section 115b of 
title 10, United States Code (as added by subsection (a)), 
in each of 2009, 2010, 201, and 2012, the Comptroller 
General of the United States shall submit to the congres-
sional defense committees a report on the plan so sub-
mitted. 
(c) CONFORMING REPEALS.—The following provi-
sions are repealed:
498 
(1) Section 1122 of the National Defense Au-
thorization Act for Fiscal Year 2006 (Public Law 
109–163; 119 Stat. 3452; 10 U.S.C. note prec. 
1580). 
(2) Section 1102 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2407). 
(3) Section 851 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 247; 10 U.S.C. note prec. 
1580). 
SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL 
AND 
REQUIREMENT 
FOR 
ANNUAL 
MAN-
POWER REPORTING. 
(a) AMENDMENTS.—Section 1111 of the Duncan 
Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4619) is 
amended— 
(1) in paragraph (1) of subsection (b), by strik-
ing ‘‘requirements of—’’ and all that follows through 
the end of subparagraph (C) and inserting ‘‘the re-
quirements of section 115b of this title; or’’; 
(2) in paragraph (2) of subsection (b), by strik-
ing ‘‘purposes described in paragraphs (1) through 
(4) of subsection (c).’’ and inserting the following:
499 
‘‘any of the following purposes: 
‘‘(A) Performance of inherently govern-
mental functions. 
‘‘(B) Performance of work pursuant to sec-
tion 2463 of title 10, United States Code. 
‘‘(C) Ability to maintain sufficient organic 
expertise and technical capability. 
‘‘(D) Performance of work that, while the 
position may not exercise an inherently govern-
mental function, nevertheless should be per-
formed only by officers or employees of the 
Federal Government or members of the Armed 
Forces because of the critical nature of the 
work.’’; and 
(3) by striking subsections (c) and (d). 
(b) CONSOLIDATED ANNUAL REPORT.— 
(1) INCLUSION
IN
ANNUAL
DEFENSE
MAN-
POWER REQUIREMENTS REPORT.—Section 115a of 
title 10, United States Code, is amended by insert-
ing after subsection (e) the following new subsection: 
‘‘(f) The Secretary shall also include in each such re-
port the following information with respect to personnel 
assigned to or supporting major Department of Defense 
headquarters activities:
500 
‘‘(1) The military end strength and civilian full- 
time equivalents assigned to major Department of 
Defense headquarters activities for the preceding fis-
cal year and estimates of such numbers for the cur-
rent fiscal year and subsequent fiscal years. 
‘‘(2) A summary of the replacement during the 
preceding fiscal year of contract workyears providing 
support to major Department of Defense head-
quarters activities with military end strength or ci-
vilian full-time equivalents, including an estimate of 
the number of contract workyears associated with 
the replacement of contracts performing inherently 
governmental or exempt functions. 
‘‘(3) The plan for the continued review of con-
tract personnel supporting major Department of De-
fense headquarters activities for possible conversion 
to military or civilian performance in accordance 
with section 2463 of this title. 
‘‘(4) The amount of any adjustment in the limi-
tation on personnel made by the Secretary of De-
fense or the Secretary of a military department, and, 
for each adjustment made pursuant to section 
1111(b)(2) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (10 U.S.C. 
143 note), the purpose of the adjustment.’’.
501 
(2) TECHNICAL
AMENDMENTS
TO
REFLECT 
NAME OF REPORT.— 
(A) Subsection (a) of section 115a of such 
title is amended by inserting ‘‘defense’’ before 
‘‘manpower requirements report.’’. 
(B)(i) The heading of such section is 
amended to read as follows: 
‘‘§ 115a. Annual defense manpower requirements re-
port’’. 
(ii) The item relating to such section 
in the table of sections at the beginning of 
chapter 2 of such title is amended to read 
as follows: 
‘‘115a. Annual defense manpower requirements report.’’. 
(3) CONFORMING
REPEAL.—Subsections (b) 
and (c) of section 901 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 272; 10 U.S.C. 221 note) are 
repealed. 
SEC. 1110. MODIFICATION TO DEPARTMENT OF DEFENSE 
LABORATORY PERSONNEL AUTHORITY. 
(a) ADDITIONAL SCIENCE AND TECHNOLOGY RE-
INVENTION LABORATORIES.— 
(1) DESIGNATION.—Each of the following is 
hereby designated as a Department of Defense 
science and technology reinvention laboratory (as de-
502 
scribed in section 342(b) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 
103–337; 108 Stat. 2721): 
(A) The Tank and Automotive Research 
Development and Engineering Center. 
(B) The Armament Research Development 
and Engineering Center. 
(C) The Naval Air Warfare Center, Weap-
ons Division. 
(D) The Naval Air Warfare Center, Air-
craft Division. 
(E) The Space and Naval Warfare Sys-
tems Center, Pacific. 
(F) The Space and Naval Warfare Sys-
tems Center, Atlantic. 
(2) CONVERSION PROCEDURES.—The Secretary 
of Defense shall implement procedures to convert 
the civilian personnel of each facility identified in 
paragraph (1) from their current personnel system 
to the personnel system under an appropriate dem-
onstration project (as referred to in such section 
342(b)). Any conversion under this paragraph— 
(A) shall not adversely affect any employee 
with respect to pay or any other term or condi-
tion of employment;
503 
(B) shall be consistent with the terms of 
any collective bargaining agreement which 
might apply; and 
(C) shall be completed within 18 months 
after the date of the enactment of this Act. 
(b) EXCLUSION FROM NATIONAL SECURITY PER-
SONNEL SYSTEM.— 
(1) IN GENERAL.—Section 9902(c)(2) of title 5, 
United States Code, is amended— 
(A) in subparagraph (I), by striking ‘‘and’’ 
after the semicolon; 
(B) in subparagraph (J), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding after subparagraph (J) the 
following: 
‘‘(K) the Tank and Automotive Research 
Development and Engineering Center; 
‘‘(L) the Armament Research Development 
and Engineering Center; 
‘‘(M) the Naval Air Warfare Center, 
Weapons Division; 
‘‘(N) the Naval Air Warfare Center, Air-
craft Division; 
‘‘(O) the Space and Naval Warfare Sys-
tems Center, Pacific; and
504 
‘‘(P) the Space and Naval Warfare Sys-
tems Center, Atlantic.’’. 
(2) EXTENSION OF PERIOD OF EXCLUSION.— 
Section 9902(c)(1) of title 5, United States Code, is 
amended by striking ‘‘2011’’ each place it appears 
and inserting ‘‘2014’’. 
SEC. 1111. PILOT PROGRAM FOR THE TEMPORARY EX-
CHANGE 
OF 
INFORMATION 
TECHNOLOGY 
PERSONNEL. 
(a) ASSIGNMENT AUTHORITY.—The Secretary of De-
fense may, with the agreement of the private sector orga-
nization concerned, arrange for the temporary assignment 
of an employee to such private sector organization, or from 
such private sector organization to a Department of De-
fense organization under this section. An employee shall 
be eligible for such an assignment only if— 
(1) the employee— 
(A) works in the field of information tech-
nology management; 
(B) is considered to be an exceptional em-
ployee; 
(C) is expected to assume increased infor-
mation technology management responsibilities 
in the future; and
505 
(D) is compensated at not less than the 
GS–11 level (or the equivalent); and 
(2) the proposed assignment meets applicable 
requirements of section 209(b) of the E-Government 
Act of 2002 (44 U.S.C. 3501 note). 
(b) AGREEMENTS.—The Secretary of Defense shall 
provide for a written agreement between the Department 
of Defense and the employee concerned regarding the 
terms and conditions of the employee’s assignment under 
this section. The agreement— 
(1) shall require that Department of Defense 
employees, upon completion of the assignment, will 
serve in the civil service for a period equal to the 
length of the assignment; and 
(2) shall provide that if the Department of De-
fense or private sector employee fails to carry out 
the agreement, such employee shall be liable to the 
United States for payment of all expenses of the as-
signment, unless that failure was for good and suffi-
cient reason (as determined by the Secretary of De-
fense). 
An amount for which an employee is liable under para-
graph (2) shall be treated as a debt due the United States. 
(c) TERMINATION.—An assignment under this sec-
tion may, at any time and for any reason, be terminated
506 
by the Department of Defense or the private sector organi-
zation concerned. 
(d) DURATION.—An assignment under this section 
shall be for a period of not less than 3 months and not 
more than 1 year, and may be extended in 3-month incre-
ments for a total of not more than 1 additional year; how-
ever, no assignment under this section may commence 
after September 30, 2013. 
(e) CONSIDERATIONS.—In carrying out this section, 
the Secretary of Defense— 
(1) shall ensure that, of the assignments made 
under this section each year, at least 20 percent are 
from small business concerns (as defined by section 
3703(e)(2)(A) of title 5, United States Code); and 
(2) shall take into consideration the question of 
how assignments under this section might best be 
used to help meet the needs of the Department of 
Defense with respect to the training of employees in 
information technology management. 
(f) NUMERICAL LIMITATION.—In no event may more 
than 10 employees be participating in assignments under 
this section as of any given time. 
(g) REPORTING REQUIREMENT.—For each of fiscal 
years 2010 through 2015, the Secretary of Defense shall 
submit to the congressional defense committees, not later
507 
than 1 month after the end of the fiscal year involved, 
a report on any activities carried out under this section 
during such fiscal year, including information con-
cerning— 
(1) the respective organizations (as referred to 
in subsection (a)) to and from which any employee 
was assigned under this section; 
(2) the positions those employees held while 
they were so assigned; and 
(3) a description of the tasks they performed 
while they were so assigned. 
(h) REPEAL
OF SUPERSEDED SECTION.—Section 
1109 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 358) is re-
pealed, except that— 
(1) nothing in this subsection shall, in the case 
of any assignment commencing under such section 
1109 on or before the date of the enactment of this 
Act, affect— 
(A) the duration of such assignment or the 
authority to extend such assignment in accord-
ance with subsection (d) of such section 1109, 
as last in effect; or 
(B) the terms or conditions of the agree-
ment governing such assignment, including with
508 
respect to any service obligation under sub-
section (b) thereof; and 
(2) any employee whose assignment is allowed 
to continue by virtue of paragraph (1) shall be taken 
into account for purposes of— 
(A) the numerical limitation under sub-
section (f); and 
(B) the reporting requirement under sub-
section (g). 
SEC. 1112. PROVISIONS RELATING TO THE NATIONAL SECU-
RITY PERSONNEL SYSTEM. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘National Security Personnel Sys-
tem’’ or ‘‘NSPS’’ refers to a human resources man-
agement system established under authority of chap-
ter 99 of title 5, United States Code; and 
(2) the term ‘‘statutory pay sytem’’ means a 
pay system under— 
(A) subchapter III of chapter 53 of title 5, 
United States Code (relating to General Sched-
ule pay rates); 
(B) subchapter IV of chapter 53 of title 5, 
United States Code (relating to prevailing rate 
systems); or
509 
(C) such other provisions of law as would 
apply if chapter 99 of title 5, United States 
Code, had never been enacted. 
(b) REQUIREMENT THAT ALL APPOINTMENTS MADE 
AFTER JUNE 16, 2009, BE SUBJECT TO THE APPRO-
PRIATE STATUTORY PAY SYSTEM AND NOT NSPS.—Not-
withstanding any other provision of law— 
(1) the National Security Personnel System— 
(A) shall not apply to any individual who 
is not subject to such System as of June 16, 
2009; and 
(B) shall not apply to any position which 
is not subject to such System as of June 16, 
2009; and 
(2) any individual who, after June 16, 2009, is 
appointed to any position within the Department of 
Defense shall accordingly be subject to the statutory 
pay system and all other aspects of the personnel 
system which would otherwise apply (with respect to 
the individual or position involved) if the National 
Security Personnel System had never been estab-
lished. 
(c) TERMINATION OF NSPS AND CONVERSION OF 
ANY EMPLOYEES AND POSITIONS REMAINING SUBJECT 
TO NSPS.—
511 
after the date of the enactment of this Act, a written 
report setting forth a statement of the Secretary’s 
views and the reasons therefor. Such report shall 
specifically include— 
(A) the Secretary’s opinion as to whether 
the System should be continued with or without 
changes; and 
(B) if, in the opinion of the Secretary, the 
System should be continued with changes— 
(i) a detailed description of the pro-
posed changes; and 
(ii) a description of any administrative 
action or legislation which may be nec-
essary. 
(d) RESTORATION OF FULL ANNUAL PAY ADJUST-
MENTS UNDER NSPS PENDING ITS TERMINATION.—Sec-
tion 9902(e)(7) of title 5, United States Code, is amended 
by striking ‘‘no less than 60 percent’’ and all that follows 
and inserting ‘‘the full amount of such adjustment.’’. 
SEC. 1113. PROVISIONS RELATING TO THE DEFENSE CIVIL-
IAN INTELLIGENCE PERSONNEL SYSTEM. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘covered position’’ means a de-
fense intelligence position in the Department of De-
fense established under chapter 83 of title 10,
512 
United States Code, excluding an Intelligence Senior 
Level position designated under section 1607 of such 
title and any position in the Defense Intelligence 
Senior Executive Service; 
(2) the term ‘‘DCIPS pay system’’, as used 
with respect to a covered position, means the provi-
sions of the Defense Civilian Intelligence Personnel 
System under which the rate of salary or basic pay 
for such position is determined, excluding any provi-
sions relating to bonuses, awards, or any other 
amounts not in the nature of salary or basic pay; 
(3) the term ‘‘Defense Civilian Intelligence Per-
sonnel System’’ means the personnel system estab-
lished under chapter 83 of title 10, United States 
Code; and 
(4) the term ‘‘appropriate pay system’’, as used 
with respect to a covered position, means— 
(A) the system under which, as of Sep-
tember 30, 2007, the rate of salary or basic pay 
for such position was determined; or 
(B) if subparagraph (A) does not apply, 
the system under which, as of September 30, 
2007, the rate of salary or basic pay was deter-
mined for the positions within the Department 
of Defense most similar to the position involved,
513 
excluding any provisions relating to bonuses, awards, 
or any other amounts which are not in the nature 
of salary or basic pay. 
(b) REQUIREMENT THAT APPOINTMENTS TO COV-
ERED POSITIONS AFTER JUNE 16, 2009, BE SUBJECT TO 
THE APPROPRIATE PAY SYSTEM.—Notwithstanding any 
other provision of law— 
(1) the DCIPS pay system— 
(A) shall not apply to any individual hold-
ing a covered position who is not subject to 
such system as of June 16, 2009; and 
(B) shall not apply to any covered position 
which is not subject to such system as of June 
16, 2009; and 
(2) any individual who, after June 16, 2009, is 
appointed to a covered position shall accordingly be 
subject to the appropriate pay system. 
(c) TERMINATION OF DCIPS PAY SYSTEM FOR COV-
ERED
POSITIONS
AND
CONVERSION
OF
EMPLOYEES 
HOLDING COVERED POSITIONS TO THE APPROPRIATE 
PAY SYSTEM.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall take all actions which may be necessary to pro-
vide, within 12 months after the date of enactment 
of this Act, for the termination of the DCIPS pay
514 
system with respect to covered positions and for the 
conversion of any employees holding any covered po-
sitions which, as of such date of enactment, remain 
subject to the DCIPS pay system, to the appropriate 
pay system. No employee shall suffer any loss of or 
decrease in pay because of the preceding sentence. 
(2) REPORT.—If the Secretary of Defense is of 
the view that the DCIPS pay system should not be 
terminated with respect to covered positions, as re-
quired by paragraph (1), the Secretary shall submit 
to the President and both Houses of Congress as 
soon as practicable, but in no event later than 6 
months after the date of the enactment of this Act, 
a written report setting forth a statement of the 
Secretary’s views and the reasons therefor. Such re-
port shall specifically include— 
(A) the Secretary’s opinion as to whether 
the DCIPS pay system should be continued, 
with or without changes, with respect to covered 
positions; and 
(B) if, in the opinion of the Secretary, the 
DCIPS pay system should be continued with re-
spect to covered positions, with changes— 
(i) a detailed description of the pro-
posed changes; and
515 
(ii) a description of any administrative 
action or legislation which may be nec-
essary. 
The requirements of this paragraph shall be carried 
out by the Secretary of Defense in conjunction with 
the Director of the Office of Personnel Management. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to affect— 
(1) the provisions of the Defense Civilian Intel-
ligence Personnel System governing aspects of com-
pensation apart from salary or basic pay; or 
(2) the application of such provisions with re-
spect to a covered position or any individual holding 
a covered position, including after June 16, 2009. 
SEC. 1114. SENSE OF CONGRESS ON PAY PARITY FOR FED-
ERAL EMPLOYEES SERVICE AT JOINT BASE 
MCGUIRE/DIX/LAKEHURST. 
It is the sense of Congress that for the purposes of 
determining any pay for an employee serving at Joint 
Base McGuire/Dix/Lakehurst— 
(1) the pay schedules and rates to be used shall 
be the same as if such employee were serving in the 
pay locality, wage area, or other area of locality 
(whichever would apply to determine pay for the em-
516 
ployees involved) that includes Ocean County, New 
Jersey; and 
(2) the Office of Personnel Management should 
develop regulations to ensure pay parity for employ-
ees serving at Joint Bases. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Modification and extension of authority for security and stabilization 
assistance. 
Sec. 1202. Increase of authority for support of special operations to combat ter-
rorism. 
Sec. 1203. Modification of report on foreign-assistance related programs carried 
out by the Department of Defense. 
Sec. 1204. Report on authorities to build the capacity of foreign military forces 
and related matters. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 
Sec. 1211. Limitation on availability of funds for certain purposes relating to 
Iraq. 
Sec. 1212. Reauthorization of Commanders’ Emergency Response Program. 
Sec. 1213. Reimbursement of certain Coalition nations for support provided to 
United States military operations. 
Sec. 1214. Pakistan Counterinsurgency Fund. 
Sec. 1215. Program to provide for the registration and end-use monitoring of 
defense articles and defense services transferred to Afghanistan 
and Pakistan. 
Sec. 1216. Reports on campaign plans for Iraq and Afghanistan. 
Sec. 1217. Required assessments of United States efforts in Afghanistan. 
Sec. 1218. Report on responsible redeployment of United States Armed Forces 
from Iraq. 
Sec. 1219. Report on Afghan Public Protection Program. 
Sec. 1220. Updates of report on command and control structure for military 
forces operating in Afghanistan. 
Sec. 1221. Report on payments made by United States Armed Forces to resi-
dents of Afghanistan as compensation for losses caused by 
United States military operations. 
Sec. 1222. Assessment and report on United States-Pakistan military relations 
and cooperation. 
Sec. 1223. Required assessments of progress toward security and stability in 
Pakistan. 
Sec. 1224. Repeal of GAO war-related reporting requirement. 
Sec. 1225. Plan to govern the disposition of specified defense items in Iraq. 
Sec. 1226. Civilian ministry of defense advisor program.
517 
Sec. 1227. Report on the status of interagency coordination in the Afghanistan 
and Operation Enduring Freedom theater of operations. 
Sec. 1228. Sense of Congress supporting United States policy for Afghanistan. 
Sec. 1229. Analysis of required force levels and types of forces needed to secure 
southern and eastern regions of Afghanistan. 
Sec. 1230. Modification of report on progress toward security and stability in 
Afghanistan. 
Sec. 1230A. No permanent military bases in Afghanistan. 
Subtitle C—Other Matters 
Sec. 1231. NATO Special Operations Coordination Center. 
Sec. 1232. Annual report on military power of the Islamic Republic of Iran. 
Sec. 1233. Annual report on military and security developments involving the 
People’s Republic of China. 
Sec. 1234. Report on impacts of drawdown authorities on the Department of 
Defense. 
Sec. 1235. Risk assessment of United States space export control policy. 
Sec. 1236. Patriot air and missile defense battery in Poland. 
Sec. 1237. Report on potential foreign military sales of the F–22A fighter air-
craft to Japan. 
Sec. 1238. Expansion of United States-Russian Federation joint center to in-
clude exchange of data on missile defense. 
Sec. 1239. Limitation on funds to implement reductions in the strategic nuclear 
forces of the United States pursuant to any treaty or other 
agreement with the Russian Federation. 
Sec. 1240. Map of mineral-rich zones and areas under the control of armed 
groups in Democratic Republic of the Congo. 
Sec. 1241. Sense of Congress relating to the State of Israel. 
Subtitle A—Assistance and 
Training 
SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITY 
FOR SECURITY AND STABILIZATION ASSIST-
ANCE. 
(a) MODIFICATION.—Subsection (b) of section 1207 
of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3458), as amended 
by section 1207(b) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4626), is further amended—
518 
(1) by striking ‘‘(b) LIMITATION.—’’ and all 
that follows through ‘‘the aggregate value’’ and in-
serting ‘‘(b) LIMITATION.—The aggregate value’’; 
(2) by striking ‘‘$100,000,000’’ and inserting 
‘‘$25,000,000’’; and 
(3) by striking paragraph (2). 
(b) EXTENSION OF AUTHORITY.—Subsection (g) of 
such section, as most recently amended by section 1207(c) 
of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4626), is further amended by striking ‘‘September 30, 
2009’’ and inserting ‘‘September 30, 2010’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2009. 
SEC. 1202. INCREASE OF AUTHORITY FOR SUPPORT OF 
SPECIAL 
OPERATIONS 
TO 
COMBAT 
TER-
RORISM. 
Section 1208(a) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 2086), as amended by section 
1208(a) of the Duncan Hunter National Defense Author-
ization Act for Fiscal Year 2009 (Public Law 110–417; 
122 Stat. 4626), is further amended by striking 
‘‘$35,000,000’’ and inserting ‘‘$50,000,000’’.
519 
SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSIST-
ANCE RELATED PROGRAMS CARRIED OUT BY 
THE DEPARTMENT OF DEFENSE. 
(a) AMENDMENT.—Section 1209 of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 368) is amended— 
(1) in subsection (a), by striking ‘‘180 days 
after the date of the enactment of this Act’’ and in-
serting ‘‘February 1 of each year’’; and 
(2) in subsection (b)(1)— 
(A) in subparagraph (G), by striking 
‘‘and’’ at the end; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(I) subsection (b)(6) of section 166a of 
title 10, United States Code; and’’. 
(b) REPORT FOR FISCAL YEARS 2008 AND 2009.— 
The report required to be submitted not later than Feb-
ruary 1, 2010, under section 1209(a) of the National De-
fense Authorization Act for Fiscal Year 2008, as amended 
by subsection (a), shall include information required under 
such section with respect to fiscal years 2008 and 2009.
520 
SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CA-
PACITY OF FOREIGN MILITARY FORCES AND 
RELATED MATTERS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2010, the President shall transmit to the congressional 
committees specified in subsection (b) a report on the fol-
lowing: 
(1) The relationship between authorities of the 
Department of Defense to conduct security coopera-
tion programs to train and equip, or otherwise build 
the capacity of, foreign military forces and security 
assistance authorities of the Department of State 
and other foreign assistance agencies to provide as-
sistance to train and equip, or otherwise build the 
capacity of, foreign military forces, including the dis-
tinction, if any, between the purposes of such au-
thorities, the processes to generate requirements to 
satisfy the purposes of such authorities, and the con-
tribution such authorities make to the core missions 
of each such department and agency. 
(2) The strengths and weaknesses of the For-
eign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.), the Arms Export Control Act (22 U.S.C. 2171 
et seq.), title 10, United States Code, and any other 
provision of law relating to training and equipping, 
or otherwise building the capacity of, foreign mili-
521 
tary forces, including to conduct counterterrorist op-
erations or participate in or support military and 
stability operations in which the United State Armed 
Forces are a participant. 
(3) The changes, if any, that should be made 
to the provisions of law described in paragraph (2) 
that would improve the ability of the United States 
Government to train and equip, or otherwise build 
the capacity of, foreign military forces, including to 
conduct counterterrorist operations or participate in 
or support military and stability operations in which 
the United State Armed Forces are a participant. 
(4) The organizational and procedural changes, 
if any, that should be made in the Department of 
Defense and the Department of State and other for-
eign assistance agencies to improve the ability of 
such departments and agencies to conduct programs 
to train and equip, or otherwise build the capacity 
of, foreign military forces, including to conduct 
counterterrorist operations or participate in or sup-
port military and stability operations in which the 
United State Armed Forces are a participant. 
(5) The resources and funding mechanisms re-
quired to ensure adequate funding for such pro-
grams.
522 
(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The 
congressional committees specified in this subsection are 
the following: 
(1) The Committee on Armed Services, the 
Committee on Foreign Affairs, and the Committee 
on Appropriations of the House of Representatives. 
(2) The Committee on Armed Services, the 
Committee on Foreign Relations, and the Committee 
on Appropriations of the Senate. 
Subtitle B—Matters Relating to 
Iraq, Afghanistan, and Pakistan 
SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 
CERTAIN PURPOSES RELATING TO IRAQ. 
No funds appropriated pursuant to an authorization 
of appropriations in this Act may be obligated or expended 
for a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control of the oil 
resources of Iraq. 
SEC. 1212. REAUTHORIZATION OF COMMANDERS’ EMER-
GENCY RESPONSE PROGRAM. 
(a) AUTHORITY
FOR FISCAL YEAR 2010.—Sub-
section (a) of section 1202 of the National Defense Au-
523 
thorization Act for Fiscal Year 2006 (Public Law 109– 
163; 119 Stat. 3455), as most recently amended by sec-
tion 1214 of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4360), is further amended— 
(1) in the heading, by striking ‘‘FISCAL YEARS 
2008 AND 2009’’ and inserting ‘‘FISCAL YEAR 
2010’’; and 
(2) in the matter preceding paragraph (1)— 
(A) by striking ‘‘each of fiscal years 2008 
and 2009’’ and inserting ‘‘fiscal year 2010’’; 
and 
(B) by striking ‘‘$1,700,000,000 in fiscal 
year 2008 and $1,500,000,000 in fiscal year 
2009’’ and inserting ‘‘$1,300,000,000 in fiscal 
year 2010’’. 
(b) QUARTERLY REPORTS.—Subsection (b) of such 
section is amended by striking ‘‘fiscal years 2008 and 
2009’’ and inserting ‘‘fiscal year 2010’’. 
SEC. 1213. REIMBURSEMENT OF CERTAIN COALITION NA-
TIONS FOR SUPPORT PROVIDED TO UNITED 
STATES MILITARY OPERATIONS. 
(a) AUTHORITY.—From funds made available for the 
Department of Defense by section 1510 for operation and 
maintenance, Defense-wide activities, the Secretary of De-
524 
fense may reimburse any key cooperating nation for 
logistical and military support provided by that nation to 
or in connection with United States military operations 
in Operation Iraqi Freedom or Operation Enduring Free-
dom. 
(b) AMOUNTS
OF
REIMBURSEMENT.—Reimburse-
ment authorized by subsection (a) may be made in such 
amounts as the Secretary of Defense, with the concurrence 
of the Secretary of State and in consultation with the Di-
rector of the Office of Management and Budget, may de-
termine, based on documentation determined by the Sec-
retary of Defense to adequately account for the support 
provided. 
(c) LIMITATIONS.— 
(1) 
LIMITATION
ON
AMOUNT.—The 
total 
amount of reimbursements made under the authority 
in subsection (a) during fiscal year 2010 may not 
exceed $1,600,000,000. 
(2) PROHIBITION
ON
CONTRACTUAL
OBLIGA-
TIONS TO MAKE PAYMENTS.—The Secretary of De-
fense may not enter into any contractual obligation 
to make a reimbursement under the authority in 
subsection (a). 
(d) NOTICE TO CONGRESS.—The Secretary of De-
fense shall notify the appropriate congressional commit-
525 
tees not less than 15 days before making any reimburse-
ment under the authority in subsection (a). In the case 
of any reimbursement to Pakistan under the authority in 
subsection (a), such notification shall be made in accord-
ance with the notification requirements under section 
1232(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 392). 
(e) QUARTERLY REPORTS.—The Secretary of De-
fense shall submit to the appropriate congressional com-
mittees on a quarterly basis a report on any reimburse-
ments made under the authority in subsection (a) during 
such quarter. 
(f) EXTENSION
OF NOTIFICATION REQUIREMENT 
RELATING
TO DEPARTMENT
OF DEFENSE COALITION 
SUPPORT FUNDS FOR PAKISTAN.—Section 1232(b)(6) of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 393), as amended 
by section 1217(d) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4635), is further amended by striking 
‘‘September 30, 2010’’ and inserting ‘‘September 30, 
2011’’. 
(g) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means—
526 
(1) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Committee 
on Appropriations of the House of Representatives; 
and 
(2) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Committee 
on Appropriations of the Senate. 
SEC. 1214. PAKISTAN COUNTERINSURGENCY FUND. 
(a) AMOUNTS
IN FUND.—The Pakistan Counter-
insurgency Fund (in this section referred to as the 
‘‘Fund’’) shall consist of the following: 
(1) Amounts appropriated to the Fund for fis-
cal year 2009. 
(2) Amounts transferred to the Fund pursuant 
to subsection (d). 
(b) USE OF FUNDS.— 
(1) IN GENERAL.—Amounts in the Fund shall 
be made available to the Secretary of Defense, with 
the concurrence of the Secretary of State, to provide 
assistance to the security forces of Pakistan (includ-
ing program management and the provision of 
equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction) 
to improve the counterinsurgency capability of Paki-
stan’s security forces (including Pakistan’s military,
527 
Frontier Corps, and other security forces), and of 
which not more than $2,000,000 may be made avail-
able to provide humanitarian assistance to the peo-
ple of Pakistan only as part of civil-military training 
exercises for Pakistan’s security forces receiving as-
sistance under the Fund. 
(2) RELATION TO OTHER AUTHORITIES.—Ex-
cept as otherwise provided in section 1215 of this 
Act (relating to the program to provide for the reg-
istration and end-use monitoring of defense articles 
and defense services transferred to Afghanistan and 
Pakistan), amounts in the Fund are authorized to 
be made available notwithstanding any other provi-
sion of law. The authority to provide assistance 
under this subsection is in addition to any other au-
thority to provide assistance to foreign countries. 
(c) TRANSFERS FROM FUND.— 
(1) IN
GENERAL.—The Secretary of Defense 
may transfer such amounts as the Secretary deter-
mines to be appropriate from the Fund— 
(A) to any account available to the Depart-
ment of Defense, or 
(B) with the concurrence of the Secretary 
of State and head of the relevant Federal de-
528 
partment or agency, to any other non-intel-
ligence related Federal account, 
for purposes consistent with this section. 
(2) TREATMENT OF TRANSFERRED FUNDS.— 
Amounts transferred to an account under the au-
thority of paragraph (1) shall be merged with 
amounts in such account and shall be made available 
for the same purposes, and subject to the same con-
ditions and limitations, as amounts in such account. 
(3) TRANSFERS BACK TO FUND.—Upon a de-
termination by the Secretary of Defense with respect 
to funds transferred under paragraph (1)(A), or the 
head of the other Federal department or agency with 
the concurrence of the Secretary of State with re-
spect to funds transferred under paragraph (1)(B), 
that all or part of amounts transferred from the 
Fund under paragraph (1) are not necessary for the 
purpose provided, such amounts may be transferred 
back to the Fund and shall be made available for the 
same purposes, and subject to the same conditions 
and limitations, as originally applicable under sub-
section (b). 
(d) TRANSFERS TO FUND.— 
(1) IN
GENERAL.—The Fund may include 
amounts transferred by the Secretary of State, with
529 
the concurrence of the Secretary of Defense, under 
any authority of the Secretary of State to transfer 
funds under any provision of law. 
(2) TREATMENT OF TRANSFERRED FUNDS.— 
Amounts transferred to the Fund under the author-
ity of paragraph (1) shall be merged with amounts 
in the Fund and shall be made available for the 
same purposes, and subject to the same conditions 
and limitations, as amounts in the Fund. 
(e) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Amounts in the Fund may 
not be obligated or transferred from the Fund under 
this section until 15 days after the date on which 
the Secretary of Defense notifies the appropriate 
congressional committees in writing of the details of 
the proposed obligation or transfer. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Com-
mittee on Appropriations of the House of Rep-
resentatives; and
530 
(B) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Com-
mittee on Appropriations of the Senate. 
(f) SUNSET.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the authority provided under this section 
terminates at the close of September 30, 2010. 
(2) EXCEPTION.—Any program supported from 
amounts in the Fund established before the close of 
September 30, 2010, may be completed after that 
date but only using amounts appropriated or trans-
ferred to the Fund on or before that date. 
SEC. 1215. PROGRAM TO PROVIDE FOR THE REGISTRATION 
AND END-USE MONITORING OF DEFENSE AR-
TICLES 
AND 
DEFENSE 
SERVICES 
TRANS-
FERRED TO AFGHANISTAN AND PAKISTAN. 
(a) PROGRAM REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish and carry out a program to provide 
for the registration and end-use monitoring of de-
fense articles and defense services transferred to Af-
ghanistan and Pakistan in accordance with the re-
quirements under subsection (b) and to prohibit the 
retransfer of such defense articles and defense serv-
ices without the consent of the United States. The
531 
program required under this subsection shall be lim-
ited to the transfer of defense articles and defense 
services— 
(A) pursuant to authorities other than the 
Arms Export Control Act or the Foreign Assist-
ance Act of 1961; and 
(B) using funds made available to the De-
partment of Defense, including funds available 
pursuant to the Pakistan Counterinsurgency 
Fund. 
(2) PROHIBITION.—No defense articles or de-
fense services that would be subject to the program 
required under this subsection may be transferred 
to— 
(A) the Government of Afghanistan or any 
other group, organization, citizen, or resident of 
Afghanistan, or 
(B) the Government of Pakistan or any 
other group, organization, citizen, or resident of 
Pakistan, 
until the Secretary of Defense certifies to the speci-
fied congressional committees that the program re-
quired under this subsection has been established. 
(b) REGISTRATION AND END-USE MONITORING RE-
QUIREMENTS.—The registration and end-use monitoring
532 
requirements under this subsection shall include the fol-
lowing: 
(1) A detailed record of the origin, shipping, 
and distribution of defense articles and defense serv-
ices transferred to— 
(A) the Government of Afghanistan and 
other groups, organizations, citizens, and resi-
dents of Afghanistan; and 
(B) the Government of Pakistan and other 
groups, organizations, citizens, and residents of 
Pakistan. 
(2) A program of end-use monitoring of lethal 
defense articles and defense services transferred to 
the entities and individuals described in subpara-
graphs (A) and (B) of paragraph (1). 
(c) REVIEW; EXEMPTION.— 
(1) REVIEW.—The Secretary of Defense shall 
periodically review the defense articles and defense 
services subject to the registration and end-use mon-
itoring requirements under subsection (b) to deter-
mine which defense articles and defense services, if 
any, should no longer be subject to such registration 
and monitoring requirements. The Secretary of De-
fense shall submit to the specified congressional
533 
committees the results of each review conducted 
under this paragraph. 
(2) EXEMPTION.—The Secretary of Defense 
may exempt a defense article or defense service from 
the registration and end-use monitoring require-
ments under subsection (b) beginning on the date 
that is 30 days after the date on which the Sec-
retary provides notice of the proposed exemption to 
the specified congressional committees. Such notice 
shall describe any controls to be imposed on such de-
fense article or defense service, as the case may be, 
under any other provision of law. 
(d) DEFINITIONS.—In this section: 
(1) DEFENSE ARTICLE.—The term ‘‘defense ar-
ticle’’— 
(A) includes— 
(i) any weapon, including a small arm 
(as defined in paragraph (3)), weapons 
system, munition, aircraft, vessel, boat or 
other implement of war; 
(ii) any property, installation, com-
modity, material, equipment, supply, or 
goods used for the purposes of furnishing 
military assistance;
534 
(iii) any machinery, facility, tool, ma-
terial supply, or other item necessary for 
the manufacture, production, processing 
repair, servicing, storage, construction, 
transportation, operation, or use of any ar-
ticle listed in this paragraph; or 
(iv) any component or part of any ar-
ticle listed in this paragraph; but 
(B) does not include merchant vessels or, 
as defined by the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.), source material (ex-
cept uranium depleted in the isotope 235 which 
is incorporated in defense articles solely to take 
advantage of high density or pyrophoric charac-
teristics unrelated to radioactivity), by-product 
material, special nuclear material, production 
facilities, utilization facilities, or atomic weap-
ons or articles involving Restricted Data. 
(2) DEFENSE
SERVICE.—The term ‘‘defense 
service’’ includes any service, test, inspection, repair, 
publication, or technical or other assistance or de-
fense information used for the purposes of fur-
nishing military assistance, but does not include 
military educational and training activities under
536 
(A) the Committee on Foreign Affairs and 
the Committee on Armed Services of the House 
of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Armed Services of the 
Senate. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), this section shall take effect 180 days 
after the date of the enactment of this Act. 
(2) EXCEPTION.—The Secretary of Defense 
may delay the effective date of this section by an ad-
ditional period of up to 90 days if the Secretary cer-
tifies in writing to the specified congressional com-
mittees for such additional period that it is in the 
vital interest of the United States to do so and in-
cludes in the certification a description of such vital 
interest. 
SEC. 1216. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND 
AFGHANISTAN. 
(a) REPORTS REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to the 
congressional defense committees separate reports con-
taining assessments of the extent to which the campaign
537 
plan for Iraq and the campaign plan for Afghanistan each 
adhere to military doctrine (as defined in the Department 
of Defense’s Joint Publication 5–0, Joint Operation Plan-
ning), including the elements set forth in subsection (b). 
(b) MATTERS TO BE ASSESSED.—The matters to be 
included in the assessments required under subsection (a) 
are as follows: 
(1) The extent to which each campaign plan 
identifies and prioritizes the conditions that must be 
achieved in each phase of the campaign. 
(2) The extent to which each campaign plan re-
ports the number of combat brigade teams and other 
forces required for each campaign phase. 
(3) The extent to which each campaign plan es-
timates the time needed to reach the desired end 
state and complete the military portion of the cam-
paign. 
(c) UPDATE OF REPORT.—The Comptroller General 
shall submit to the congressional defense committees an 
update of the report on the campaign plan for Iraq or 
the campaign plan for Afghanistan required under sub-
section (a) whenever the campaign plan for Iraq or the 
campaign plan for Afghanistan, as the case may be, is sub-
stantially updated or altered.
538 
(d) EXCEPTION.—If the Comptroller General deter-
mines that a report submitted to Congress by the Comp-
troller General before the date of the enactment of this 
Act substantially meets the requirements of subsection (a) 
for the submission of a report on the campaign plan for 
Iraq or the campaign plan for Afghanistan, the Comp-
troller General shall so notify the congressional defense 
committees in writing, but shall provide an update of the 
report as required under subsection (c). 
(e) TERMINATION.— 
(1) REPORTS
ON
IRAQ.—The requirement to 
submit updates of reports on the campaign plan for 
Iraq under subsection (c) shall terminate on Decem-
ber 31, 2011. 
(2) REPORTS ON AFGHANISTAN.—The require-
ment to submit updates of reports on the campaign 
plan for Afghanistan under subsection (c) shall ter-
minate on September 30, 2012. 
SEC. 1217. REQUIRED ASSESSMENTS OF UNITED STATES 
EFFORTS IN AFGHANISTAN. 
(a) ASSESSMENTS REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, and every 
180 days thereafter, the President shall conduct an assess-
ment, which shall be not more than 30 days in duration, 
of the progress toward defeating al Qa’ida and its affili-
539 
ated networks and extremist allies and preventing the es-
tablishment of safe havens in Afghanistan for al Qa’ida 
and its affiliated networks and extremist allies. 
(b) AREAS TO BE ASSESSED.—In carrying out sub-
section (a), the President should assess progress in the 
following areas: 
(1) Ending the ability of the Taliban, al Qa’ida, 
and other anti-government elements— 
(A) to establish control over the population 
of Afghanistan or regions of Afghanistan; 
(B) to establish safe havens in Afghani-
stan; and 
(C) to conduct attacks inside or outside 
Afghanistan. 
(2) Spreading legitimate and functional govern-
ance. 
(3) Spreading the rule of law. 
(4) Improving the legal economy of Afghani-
stan. 
(5) Other areas the President determines to be 
important. 
(c) REQUIREMENT
TO
DEVELOP
GOALS
AND 
TIMELINES.—For each area required to be assessed under 
subsection (b), the President, in consultation with the 
Government of Afghanistan and the governments of other
540 
countries the President determines to be necessary, shall 
establish goals for each area and timelines for meeting 
such goals. 
(d) METRICS.—The President shall develop metrics 
that allows for the accurate and thorough assessment of 
progress toward each goal and along each timeline re-
quired under subsection (c). 
(e) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
the completion of each assessment required under 
subsection (a), the President shall transmit to Con-
gress a report on the assessment. 
(2) ELEMENTS.—The report required under 
paragraph (1) should include, at a minimum, the fol-
lowing elements: 
(A) The results of the assessment of— 
(i) the progress of the government 
and people of Afghanistan, with the assist-
ance of the international community, in 
each area required to be assessed under 
subsection (b); and 
(ii) the effectiveness of United States 
efforts to assist the government and people 
of Afghanistan to make progress in each
541 
area required to be assessed under sub-
section (b). 
(B) A description of the goals and 
timelines for meeting such goals required under 
subsection (c). 
(C) A description of the metrics required 
to be developed under subsection (d) and how 
such metrics were used to assess progress in 
each area required to be assessed under sub-
section (b). 
(3) FORM.—The report required under para-
graph (1) shall be transmitted in unclassified form, 
but may contain a classified annex if necessary. 
(f) SUNSET.—The requirement to conduct assess-
ments under subsection (a) shall not apply beginning on 
the date that is 5 years after the date of the enactment 
of this Act. 
SEC. 1218. REPORT ON RESPONSIBLE REDEPLOYMENT OF 
UNITED STATES ARMED FORCES FROM IRAQ. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, or December 
31, 2009, whichever occurs later, and every 90 days there-
after, the Secretary of Defense shall submit to the appro-
priate congressional committees a report concerning the 
responsible redeployment of United States Armed Forces
542 
from Iraq in accordance with the policy announced by the 
President on February 27, 2009, and the Agreement Be-
tween the United States of America and the Republic of 
Iraq On the Withdrawal of United States Forces From 
Iraq and the Organization of Their Activities During 
Their Temporary Presence in Iraq. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following elements: 
(1) The number of United States military per-
sonnel in Iraq by service and component for each 
month of the preceding 90-day period and an esti-
mate of the personnel levels in Iraq for the 90-day 
period following submission of the report. 
(2) The number and type of military installa-
tions in Iraq occupied by 100 or more United States 
military personnel and the number of such military 
installations closed, consolidated, or transferred to 
the Government of Iraq in the preceding 90-day pe-
riod. 
(3) An estimate of the number of military vehi-
cles, containers of equipment, tons of ammunition, 
or other significant items belonging to the Depart-
ment of Defense removed from Iraq during the pre-
ceding 90-day period, an estimate of the remaining 
amount of such items belonging to the Department
543 
of Defense, and an assessment of the likelihood of 
successfully removing, demilitarizing, or otherwise 
transferring all items belonging to the Department 
of Defense from Iraq on or before December 31, 
2011. 
(4) An assessment of United States detainee 
operations and releases. Such assessment should in-
clude the total number of detainees held by the 
United States in Iraq, the number of detainees in 
each threat level category, the number of detainees 
who are not nationals of Iraq, the number of detain-
ees transferred to Iraqi authorities, the number of 
detainees who were released from United States cus-
tody and the reasons for their release, and the num-
ber of detainees who having been released in the 
past were recaptured or had their remains identified 
planning or after carrying out attacks on United 
States or Coalition forces. 
(5) A listing of the objective and subjective fac-
tors utilized by the commander of Multi-National 
Force–Iraq, including any changes to that list in the 
case of an update to the report, to determine risk 
levels associated with the drawdown of United States 
Armed Forces, and the process and timing that will 
be utilized by the commander of Multi-National
544 
Force–Iraq and the Secretary of Defense to assess 
risk and make recommendations to the President 
about either continuing the redeployment of United 
States Armed Forces from Iraq in accordance with 
the schedule announced by the President or modi-
fying the pace or timing of that redeployment. 
(c) INCLUSION IN OTHER REPORTS.—The report re-
quired under subsection (a) and any updates to the report 
may be included in any other required report on Iraq sub-
mitted to Congress by the Secretary of Defense. 
(d) FORM.—The report required under subsection 
(a), whether or not included in another report on Iraq sub-
mitted to Congress by the Secretary of Defense, may in-
clude a classified annex. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Relations, the Select Com-
mittee on Intelligence, and the Committee on Appro-
priations of the Senate; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Permanent Select 
Committee on Intelligence, and the Committee on 
Appropriations of the House of Representatives.
545 
SEC. 1219. REPORT ON AFGHAN PUBLIC PROTECTION PRO-
GRAM. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the Afghan Public Protection Program 
(in this section referred to as the ‘‘program’’). 
(b) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include the following ele-
ments: 
(1) An assessment of the program in the initial 
pilot districts in Afghanistan, including, at a min-
imum, the following elements: 
(A) An evaluation of the changes in secu-
rity conditions in the initial pilot districts from 
the program’s inception to the date of the re-
port. 
(B) The extent to which the forces devel-
oped under the program in the initial pilot dis-
tricts are generally representative of the ethnic 
groups in the respective districts. 
(C) If the forces developed under the pro-
gram are appropriately representative of the ge-
ographic area of responsibility. 
(D) An assessment of the views of the local 
communities, to include both Afghan national,
546 
provincial, and district governmental officials 
and leaders of the local communities, of the 
successes and failures of the program. 
(E) Any formal reviews of the program 
that are planned for the future and the 
timelines on which the reviews would be con-
ducted, by whom the reviews would be con-
ducted, and the criteria that would be used. 
(F) The selection criteria that were used to 
select members of the program in the initial 
pilot districts and how the members were vet-
ted. 
(G) The costs to the Department of De-
fense to support the program in the initial pilot 
districts, to include any Commanders’ Emer-
gency Response Program funds spent as formal 
or informal incentives. 
(H) The roles of the Afghanistan National 
Security Forces (ANSF) in supporting and 
training forces under the program. 
(I) Any other criteria used to evaluate the 
program in the initial pilot districts by the 
Commander of United States Forces–Afghani-
stan.
547 
(2) An assessment of the future of the pro-
gram, including, at a minimum, the following ele-
ments: 
(A) A description of the goals and objec-
tives expected to be met by the expansion of the 
program. 
(B) A description of how such an expan-
sion supports the functions of the Afghan Na-
tional Police. 
(C) A description of how the decision will 
be made whether to expand the program out-
side the initial pilot districts and the criteria 
that will be used to make that decision. 
(D) A description of how districts or prov-
inces outside of the initial pilot districts will be 
chosen to participate in the program, including 
an explanation of the following: 
(i) What mechanisms the Government 
of Afghanistan will use to select additional 
districts or provinces, including partici-
pants in the decision process and the cri-
teria used. 
(ii) How the views of relevant United 
States Government departments and agen-
cies will be taken into account by the Gov-
548 
ernment of Afghanistan when choosing dis-
tricts or provinces to participate in the 
program. 
(iii) How the views of other North At-
lantic Treaty Organization (NATO) Inter-
national Security Assistance Force (ISAF) 
Coalition partners will be taken into ac-
count during the decision process. 
(iv) What process will be used to 
evaluate any changes to the program as ex-
ecuted in the initial pilot districts to ac-
count for different or unique circumstances 
in additional areas of expansion. 
(E) An assessment of personnel or assets 
of the Department of Defense that would likely 
be required to support any expansion of the 
program, including a description of the fol-
lowing: 
(i) Any requirement for personnel to 
train or mentor additional forces developed 
under the program or to train additional 
members of the ANSF to train forces 
under the program.
549 
(ii) Any Department of Defense fund-
ing that would be provided to support ad-
ditional forces under the program. 
(iii) Any assistance that would reason-
ably be required to assist the Government 
of Afghanistan manage any additional 
forces developed under the program. 
(F) A description of the formal process, led 
by the Government of Afghanistan, that will be 
used to evaluate the program, including a de-
scription of the following: 
(i) A listing of the criteria that are ex-
pected to be considered in the process. 
(ii) The roles in the process of— 
(I) the Government of Afghani-
stan; 
(II) relevant United States Gov-
ernment departments and agencies; 
(III) NATO-ISAF Coalition part-
ners; 
(IV) nongovernmental represent-
atives of the people of Afghanistan; 
and 
(V) any other appropriate indi-
viduals and entities.
550 
(G) If members of the forces developed 
under the program will be transitioned to the 
ANSF or to other employment in the future, a 
description of— 
(i) the process that will be used to 
transition the forces; 
(ii) additional training that may be re-
quired; 
(iii) how decisions will be made to 
transition the forces to the ANSF or other 
employment; and 
(iv) any other relevant information. 
(H) The Afghan chain of command that 
will be used to implement the program and pro-
vide command and control over the units cre-
ated by the program. 
SEC. 1220. UPDATES OF REPORT ON COMMAND AND CON-
TROL STRUCTURE FOR MILITARY FORCES 
OPERATING IN AFGHANISTAN. 
Section 1216(d) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4634) is amended by adding at the 
end the following new sentence: ‘‘Any update of the report 
required under subsection (c) may be included in the re-
port required under section 1230 of the National Defense
551 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 385).’’. 
SEC. 1221. REPORT ON PAYMENTS MADE BY UNITED 
STATES ARMED FORCES TO RESIDENTS OF 
AFGHANISTAN 
AS 
COMPENSATION 
FOR 
LOSSES CAUSED BY UNITED STATES MILI-
TARY OPERATIONS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, and every 180 
days thereafter, the Secretary of Defense shall submit to 
the congressional defense committees a report on pay-
ments made by United States Armed Forces to residents 
of Afghanistan as compensation for losses caused by 
United States military operations. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include— 
(1) the total amount of funds provided for 
losses caused by United States military operations; 
(2) a breakdown of the number of payments by 
type, to include— 
(A) compensation for the death of a non-
combatant Afghan resident; 
(B) compensation for the injury of a non-
combatant Afghan resident;
552 
(C) compensation for property damage 
caused during combat operations or noncombat 
operations; and 
(D) any other category for which com-
pensation was paid by United States Armed 
Forces; and 
(3) the average amount of compensation for 
each type of payment described in paragraph (2). 
(c) SCOPE OF REPORT.—The initial report required 
under subsection (a) shall include the information required 
under subsection (b) for the 5-year period ending on the 
date of submission of the initial report and each update 
of the report required under subsection (a) shall include 
the information required under subsection (b) for the pe-
riod since the submission of last report. 
(d) TERMINATION.—The requirement to submit re-
ports under subsection (a) shall terminate on September 
30, 2012. 
SEC. 1222. ASSESSMENT AND REPORT ON UNITED STATES- 
PAKISTAN MILITARY RELATIONS AND CO-
OPERATION. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense, in consultation with the Secretary of State, shall 
conduct an assessment of possible alternatives to reim-
bursements to Pakistan for logistical, military, or other
553 
support provided by Pakistan to or in connection with 
United States military operations, which could encourage 
the Pakistani military to undertake counterterrorism and 
counterinsurgency operations and achieve the goals and 
objectives for long-term United States-Pakistan military 
relations and cooperation. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
a report on the assessment required under subsection (a). 
(c) FORM.—The report required under subsection (b) 
shall be submitted in unclassified form, but may include 
a classified annex if necessary. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Committee 
on Appropriations of the House of Representatives; 
and 
(2) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Committee 
on Appropriations of the Senate.
554 
SEC. 1223. REQUIRED ASSESSMENTS OF PROGRESS TO-
WARD SECURITY AND STABILITY IN PAKI-
STAN. 
(a) ASSESSMENTS REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, and every 
180 days thereafter, the President shall conduct an assess-
ment, which shall be not more than 30 days in duration, 
of the progress toward long-term security and stability in 
Pakistan. 
(b) AREAS TO BE ASSESSED.—In carrying out sub-
section (a), the President should assess— 
(1) the effectiveness of efforts— 
(A) to disrupt, dismantle, and defeat al 
Qa’ida, its affiliated networks, and other ex-
tremist forces in Pakistan; 
(B) to eliminate the safe havens for such 
forces in Pakistan; and 
(C) to prevent the return of such forces to 
Pakistan or Afghanistan; and 
(2) the effectiveness of United States security 
assistance to Pakistan to achieve the strategic goal 
described in paragraph (1). 
(c) REQUIREMENT TO DEVELOP GOALS AND OBJEC-
TIVES AND TIMELINES.—For any area assessed under 
subsection (b), the President, in consultation with the 
Government of Pakistan and the governments of other
555 
countries the President determines to be necessary, shall 
establish goals and objectives and timelines for meeting 
such goals and objectives. 
(d) REQUIREMENT
TO DEVELOP METRICS.—The 
President shall develop metrics that allow for the accurate 
and thorough assessment of progress toward each goal 
and objective and along each timeline required under sub-
section (c). 
(e) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
the completion of each assessment required under 
subsection (a), the President shall transmit to Con-
gress a report on the assessment. 
(2) ELEMENTS.—The report required under 
paragraph (1) should include, at a minimum, the fol-
lowing elements: 
(A) The results of the assessment required 
under subsection (a). 
(B) A description of the goals and objec-
tives and timelines for meeting such goals and 
objectives required under subsection (c). 
(C) A description of the metrics required 
to be developed under subsection (d) and how 
such metrics were used to assess progress in
556 
each area required to be assessed under sub-
section (b). 
(3) FORM.—The report required under para-
graph (1) shall be transmitted in unclassified form, 
but may contain a classified annex if necessary. 
(f) SUNSET.—The requirement to conduct assess-
ments under subsection (a) shall not apply beginning on 
the date that is 5 years after the date of the enactment 
of this Act. 
SEC. 1224. REPEAL OF GAO WAR-RELATED REPORTING RE-
QUIREMENT. 
Section 1221(c) of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3462) is amended by striking the following: ‘‘Based 
on these reports, the Comptroller General shall provide to 
Congress quarterly updates on the costs of Operation Iraqi 
Freedom and Operation Enduring Freedom.’’. 
SEC. 1225. PLAN TO GOVERN THE DISPOSITION OF SPECI-
FIED DEFENSE ITEMS IN IRAQ. 
(a) PLAN REQUIRED.—The Secretary of Defense 
shall prepare a plan to govern the disposition of specified 
defense items in Iraq. 
(b) ELEMENTS OF PLAN.—The plan required under 
subsection (a) shall, at a minimum, address the following 
elements:
557 
(1) The identification of an individual, position, 
or office that will be responsible for making rec-
ommendations to the Secretary of Defense regarding 
the disposition of specified defense items in Iraq. 
(2) A mechanism for conducting a thorough in-
ventory of specified defense items in Iraq owned by 
the Department of Defense, including specified de-
fense items in Iraq that are operated by contractors. 
(3) A mechanism for soliciting input regarding 
potential requirements for specified defense items in 
Iraq. Such potential requirements may include— 
(A) use in other overseas contingency oper-
ations involving the Armed Forces; 
(B) use to reset the Armed Forces; 
(C) use by other United States combatant 
commanders to enhance their capability to 
carry out missions in their respective combatant 
commands; 
(D) use to refill prepositioned stocks; 
(E) transfer to the security forces of Iraq 
or Afghanistan; and 
(F) use by other Federal departments and 
agencies or political subdivisions of the United 
States.
558 
(4) A mechanism for identifying specified de-
fense items in Iraq that are not economically viable 
to remove from Iraq or which are not needed to 
meet other requirements, and for soliciting and eval-
uating proposals for the disposition of those items. 
(5) A mechanism for ensuring that the views 
and inputs, as may be required by law, of other Fed-
eral departments and agencies are taken into ac-
count. 
(c) REPORT REQUIRED.—The Secretary of Defense 
shall submit to the congressional defense committees a re-
port outlining the plan required under subsection (a) and 
including the elements required under subsection (b). The 
report shall further include an assessment of current au-
thorities for the disposition of equipment and rec-
ommendations about changes to such authorities that the 
Secretary determines to be necessary. The report required 
under this subsection shall be submitted not later than 
the date of submission to Congress of the President’s 
budget for fiscal year 2011 pursuant to section 1105(a) 
of title 31, United States Code. 
(d) REVIEW BY THE COMPTROLLER GENERAL.—Not 
later than 60 days after the date of submission of the re-
port required under subsection (c), the Comptroller Gen-
eral of the United States shall submit to the congressional
559 
defense committees a review of the plan required under 
subsection (a) and the recommendations of the Secretary 
of Defense contained in the report required under sub-
section (c). 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize the transfer of speci-
fied defense items in Iraq to any entity outside the De-
partment of Defense except pursuant to relevant laws cur-
rently in force. 
(f) SPECIFIED DEFENSE ITEMS IN IRAQ DEFINED.— 
In this section, the term ‘‘specified defense items in Iraq’’ 
includes major end items and tactical equipment items 
owned by the Department of Defense that are present in 
Iraq as of the date of enactment of this Act and are no 
longer required to support United States military oper-
ations in Iraq. 
SEC. 1226. CIVILIAN MINISTRY OF DEFENSE ADVISOR PRO-
GRAM. 
(a) AUTHORITY.—The Secretary of Defense, with the 
concurrence of the Secretary of State, may provide civilian 
advisors to senior civilian and military officials of the Gov-
ernments of Iraq and Afghanistan for the purpose of pro-
viding institutional, ministerial-level advice and other 
training to such officials in support of stabilization efforts 
and United States military operations in those countries.
560 
(b) FORMULATION OF ADVICE AND TRAINING PRO-
GRAM.—The Secretary of Defense and the Secretary of 
State shall jointly formulate any program to provide ad-
vice and training under subsection (a). 
(c) LIMITATION.—The Secretary of Defense may not 
expend more than $13,100,000 for any fiscal year in car-
rying out any program in Iraq and Afghanistan as de-
scribed in subsection (a). 
(d) ADDITIONAL AUTHORITY.—The authority to pro-
vide assistance under this section is in addition to any 
other authority to provide assistance to foreign nations or 
forces. 
(e) TERMINATION OF AUTHORITY.—The authority to 
provide assistance under this section terminates at the 
close of September 30, 2010. 
SEC. 1227. REPORT ON THE STATUS OF INTERAGENCY CO-
ORDINATION IN THE AFGHANISTAN AND OP-
ERATION ENDURING FREEDOM THEATER OF 
OPERATIONS. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, and every 180 
days thereafter, the Secretary of Defense and the Sec-
retary of State shall submit to the appropriate congres-
sional committees a report on the status of interagency
561 
coordination in the Afghanistan and Operation Enduring 
Freedom theater of operations. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include a description of 
the following: 
(1) The staffing structure of United States-led 
Provincial Reconstruction Teams (PRTs) in Afghan-
istan, including the roles of members of the Armed 
Forces, the roles of non-Armed Forces personnel, 
and unfilled staffing, training, and resource needs. 
(2) The use of members of the Armed Forces 
for reconstruction, development, and capacity build-
ing programs outside the jurisdiction of the Depart-
ment of Defense. 
(3) Coordination between United States-led and 
NATO ISAF-led programs to develop the capacity of 
national, provincial, and local government and other 
civil institutions as well as reconstruction and devel-
opment activities in Afghanistan. 
(4) Unfilled staffing and resource requirements 
for reconstruction, development, and civil institution 
capacity building programs. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means—
562 
(1) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Affairs of the House of Representatives; 
and 
(2) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Relations of the Senate. 
SEC. 1228. SENSE OF CONGRESS SUPPORTING UNITED 
STATES POLICY FOR AFGHANISTAN. 
It is the sense of Congress that— 
(1) Afghanistan is a central front in the global 
struggle against al Qa’ida and its affiliated net-
works; 
(2) the United States has a vital national secu-
rity interest in ensuring that Afghanistan does not 
revert back to its pre-September 11, 2001, status 
and become a sanctuary for trans-national terrorists; 
(3) the President outlined a strategy for Af-
ghanistan and Pakistan on March 27, 2009, that is 
rightly focused on disrupting, dismantling, and de-
feating al Qa’ida and its affiliated networks and 
their safe havens; 
(4) the implementation of the President’s strat-
egy requires a long-term, integrated civilian-military 
counterinsurgency strategy and a sustained, sub-
563 
stantial commitment of military resources to Af-
ghanistan; 
(5) as part of such an effort, the President 
should continue to provide United States military 
commanders with the forces requested to conduct 
combat operations and to train and mentor Afghan 
security forces; and 
(6) in support of the President’s strategy, Con-
gress should ensure that United States military com-
manders in Afghanistan have the necessary funding 
and resources to succeed. 
SEC. 1229. ANALYSIS OF REQUIRED FORCE LEVELS AND 
TYPES OF FORCES NEEDED TO SECURE 
SOUTHERN AND EASTERN REGIONS OF AF-
GHANISTAN. 
(a) STUDY REQUIRED.—At the request of the Com-
mander of United States Forces for Afghanistan 
(USFOR-A), the Secretary of Defense shall enter into a 
contract with a Federally Funded Research Development 
Center (FFRDC) to provide analysis and support to the 
commander to assist with analyzing the required force lev-
els and types of forces needed to secure the southern and 
eastern regions of Afghanistan in an effort to provide a 
space for the government of Afghanistan to establish effec-
564 
tive government control and provide the Afghan security 
forces with the required training and mentoring. 
(b) FUNDING.—Of the amount authorized to be ap-
propriated for Defense-wide operation and maintenance in 
section 301(5), $3,000,000 may be used to carry out sub-
section (a). 
SEC. 1230. MODIFICATION OF REPORT ON PROGRESS TO-
WARD SECURITY AND STABILITY IN AFGHAN-
ISTAN. 
(a) MATTERS TO BE INCLUDED: STRATEGIC DIREC-
TION OF UNITED STATES ACTIVITIES RELATING TO SE-
CURITY AND STABILITY IN AFGHANISTAN.—Subsection 
(c) of section 1230 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
385) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); and 
(B) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) The specific substance of any existing 
formal or informal agreement with NATO 
ISAF countries regarding the following: 
‘‘(i) Mutually agreed upon goals.
565 
‘‘(ii) Strategies to achieve such goals, 
including strategies identified in ‘The 
Comprehensive Political Military Strategic 
Plan’ agreed to by the Heads of State and 
Government from Allied and other troop- 
contributing nations. 
‘‘(iii) Resource and force require-
ments, including the requirements as de-
termined by NATO military authorities in 
the agreed ‘Combined Joint Statement of 
Requirements’ (CJSOR). 
‘‘(iv) Commitments and pledges of 
support regarding troops and resource lev-
els.’’; 
(2) by redesignating paragraphs (2) through 
(6) as paragraphs (3) through (7), respectively; and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) NON-NATO
ISAF
TROOP-CONTRIBUTING 
COUNTRIES.—A description of the specific substance 
of any existing formal or informal agreement with 
non-NATO ISAF troop-contributing countries re-
garding the following: 
‘‘(A) Mutually agreed upon goals. 
‘‘(B) Strategies to achieve such goals.
566 
‘‘(C) Resource and force requirements. 
‘‘(D) Commitments and pledges of support 
regarding troops and resource levels.’’. 
(b) MATTERS TO BE INCLUDED: PERFORMANCE IN-
DICATORS AND MEASURES OF PROGRESS TOWARD SUS-
TAINABLE LONG-TERM SECURITY AND STABILITY IN AF-
GHANISTAN.—Subsection (d)(2) of such section is amend-
ed— 
(1) in subparagraph (A)— 
(A) by striking ‘‘individual NATO ISAF 
countries’’ 
and 
inserting 
‘‘each 
individual 
NATO ISAF country’’; and 
(B) by inserting ‘‘estimated in the most re-
cent NATO ISAF Troops Placemat’’ after ‘‘, 
including levels of troops and equipment’’; 
(2) by redesignating subparagraphs (C) through 
(K) as subparagraphs (D) through (L), respectively; 
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) With respect to non-NATO ISAF 
troop-contributing countries, a listing of con-
tributions from each individual country, includ-
ing levels of troops and equipment, the effect of 
contributions on operations, and unfulfilled 
commitments.’’; and
567 
(4) in subparagraph (I) (as redesignated)— 
(A) by redesignating clause (ii) as clause 
(iii); and 
(B) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) The location, funding, staffing 
requirements, current staffing levels, and 
activities of each Provincial Reconstruction 
Team led by a nation other than the 
United States.’’. 
(c) CONFORMING AMENDMENT.—Subsection (d)(2) 
of such section, as amended, is further amended in sub-
paragraph (J) (as redesignated) by striking ‘‘subsection 
(c)(4)’’ and inserting ‘‘subsection (c)(5)’’. 
SEC. 1230A. NO PERMANENT MILITARY BASES IN AFGHANI-
STAN. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available by this or any other 
Act shall be obligated or expended by the United States 
Government to establish any military installation or base 
for the purpose of providing for the permanent stationing 
of United States Armed Forces in Afghanistan.
568 
Subtitle C—Other Matters 
SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION 
CENTER. 
(a) AUTHORIZATION.—Of the amounts authorized to 
be appropriated for fiscal year 2010 pursuant to section 
301(1) for operation and maintenance for the Army, to 
be derived from amounts made available for support of 
North Atlantic Treaty Organization (hereinafter in this 
section referred to as ‘‘NATO’’) operations, the Secretary 
of Defense is authorized to use up to $30,000,000 for the 
purposes set forth in subsection (b). 
(b) PURPOSES.—The Secretary shall provide funds 
for the NATO Special Operations Coordination Center 
(hereinafter in this section referred to as the ‘‘NSCC’’) 
to— 
(1) improve coordination and cooperation be-
tween the special operations forces of NATO na-
tions; 
(2) facilitate joint operations by the special op-
erations forces of NATO nations; 
(3) support special operations forces peculiar 
command, control, and communications capabilities; 
(4) promote special operations forces intel-
ligence and informational requirements within the 
NATO structure; and
569 
(5) promote interoperability through the devel-
opment of common equipment standards, tactics, 
techniques, and procedures, and through execution 
of a multinational education and training program. 
(c) CERTIFICATION.—Not less than 180 days after 
the date of enactment of this Act, the Secretary shall cer-
tify to the Committees on Armed Services of the Senate 
and House of Representatives that the Secretary of De-
fense has assigned executive agent responsibility for the 
NSCC to an appropriate organization within the Depart-
ment of Defense, and detail the steps being undertaken 
by the Department of Defense to strengthen the role of 
the NSCC in fostering special operations capabilities with-
in NATO. 
SEC. 1232. ANNUAL REPORT ON MILITARY POWER OF THE 
ISLAMIC REPUBLIC OF IRAN. 
(a) ANNUAL REPORT.—Not later than March 1 of 
each year, the Secretary of Defense shall submit to the 
appropriate congressional committees a report, in both 
classified and unclassified form, on the current and future 
military strategy of the Islamic Republic of Iran. The re-
port shall address the current and probable future course 
of military developments on Iran’s Army, Air Force, Navy 
and the Iranian Revolutionary Guard Corps, and the te-
nets and probable development of Iran’s grand strategy,
570 
security strategy, and military strategy, and of military 
organizations and operational concepts. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include at least the fol-
lowing elements: 
(1) As assessment of Iranian grand strategy, 
security strategy, and military strategy, including 
the following: 
(A) The goals of Iran’s grand strategy, se-
curity strategy, and military strategy. 
(B) Trends in Iran’s strategy that would 
be designed to establish Iran as the leading 
power in the Middle East and to enhance the 
influence of Iran in other regions of the world. 
(C) The security situation in the Persian 
Gulf and the Levant. 
(D) Iranian strategy regarding other coun-
tries in the region, including Israel, Lebanon, 
Iraq, Afghanistan, Saudi Arabia, Turkey, Bah-
rain, Kuwait, the United Arab Emirates, Arme-
nia, and Azerbaijan. 
(2) An assessment of the capabilities of Iran’s 
conventional forces, including the following: 
(A) The size, location, and capabilities of 
Iran’s conventional forces.
571 
(B) A detailed analysis of Iran’s forces fac-
ing United States forces in the region and other 
countries in the region, including Israel, Leb-
anon, Iraq, Afghanistan, Saudi Arabia, Turkey, 
Bahrain, Kuwait, the United Arab Emirates, 
Armenia, and Azerbaijan. 
(C) Major developments in Iranian military 
doctrine. 
(D) An estimate of the funding provided 
for each branch of Iran’s conventional forces. 
(3) An assessment of Iran’s unconventional 
forces, including the following: 
(A) The size and capability of Iranian spe-
cial operations units, including the Iranian Rev-
olutionary Guard Corps–Quds Force. 
(B) The types and amount of support pro-
vided to groups designated by the United States 
as terrorist organizations, including Hezbollah, 
Hamas, and the Special Groups in Iraq, in par-
ticular those forces as having been assessed as 
to be willing to carry out terrorist operations on 
behalf of Iran or in response to a military at-
tack by another country on Iran. 
(C) A detailed analysis of Iran’s unconven-
tional forces facing United States forces in the
572 
region and other countries in the region, includ-
ing Israel, Lebanon, Iraq, Afghanistan, Saudi 
Arabia, Turkey, Bahrain, Kuwait, the United 
Arab Emirates, Armenia, and Azerbaijan. 
(D) An estimate of the amount of funds 
spent by Iran to develop and support special op-
erations forces and terrorist groups. 
(4) An assessment of Iranian capabilities re-
lated to nuclear and missile forces, including the fol-
lowing: 
(A) A summary of nuclear capabilities and 
developments in the preceding year, including 
the location of major facilities believed to be in-
volved in a nuclear weapons program. 
(B) A summary of the capabilities of 
Iran’s strategic missile forces, including the size 
of the Iranian strategic missile arsenal and the 
locations of missile launch sites. 
(C) A detailed analysis of Iran’s strategic 
missile forces facing United States forces in the 
region and other countries in the region, includ-
ing Israel, Lebanon, Iraq, Afghanistan, Saudi 
Arabia, Turkey, Bahrain, Kuwait, the United 
Arab Emirates, Armenia, and Azerbaijan.
573 
(D) An estimate of the amount of funding 
expended by Iran on programs to develop a ca-
pability to build nuclear weapons or to enhance 
Iran’s strategic missile capability. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, the Select 
Committee on Intelligence, and the Committee 
on Appropriations of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Permanent 
Select Committee on Intelligence, and the Com-
mittee on Appropriations of the House of Rep-
resentatives. 
(2) IRAN’S CONVENTIONAL FORCES.—The term 
‘‘Iran’s conventional forces’’— 
(A) means military forces of the Islamic 
Republic of Iran designed to conduct operations 
on sea, air, or land, other than Iran’s unconven-
tional forces and Iran’s strategic missile forces; 
and
574 
(B) includes Iran’s Army, Iran’s Air 
Force, Iran’s Navy, and elements of the Iranian 
Revolutionary Guard Corps, other than the Ira-
nian Revolutionary Guard Corps–Quds Force. 
(3) IRAN’S
UNCONVENTIONAL
FORCES.—The 
term ‘‘Iran’s unconventional forces’’— 
(A) means forces of the Islamic Republic 
of Iran that carry out missions typically associ-
ated 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 ter-
rorist organization by the United 
States; 
(II) 
receives 
assistance 
from 
Iran; and 
(III)(aa) is assessed as being 
willing in some or all cases of carrying 
out attacks on behalf of Iran; or 
(bb) is assessed as likely to carry 
out attacks in response to a military 
attack by another country on Iran.
575 
(4) IRAN’S STRATEGIC MISSILE FORCES.—The 
term ‘‘Iran’s strategic missile forces’’ means those 
elements of the military forces of the Islamic Repub-
lic of Iran that employ missiles capable of flights in 
excess of 500 kilometers. 
SEC. 1233. ANNUAL REPORT ON MILITARY AND SECURITY 
DEVELOPMENTS INVOLVING THE PEOPLE’S 
REPUBLIC OF CHINA. 
(a) ANNUAL REPORT.—Subsection (a) of section 
1202 of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 
113 note) is amended— 
(1) in the first sentence, by striking ‘‘on the 
current and future military strategy of the People’s 
Republic of China’’ and inserting ‘‘on military and 
security developments involving the People’s Repub-
lic of China’’; 
(2) in the second sentence— 
(A) by striking ‘‘on the People’s Liberation 
Army’’ and inserting ‘‘of the People’s Libera-
tion Army’’; and 
(B) by striking ‘‘Chinese grand strategy, 
security strategy,’’ and inserting ‘‘Chinese secu-
rity strategy’’; and
576 
(3) by adding at the end the following new sen-
tence: ‘‘The report shall also address United States- 
China engagement and cooperation on security mat-
ters during the period covered by the report, includ-
ing through United States-China military-to-military 
contacts, and the United States strategy for such 
engagement and cooperation in the future.’’. 
(b) MATTERS TO BE INCLUDED.—Subsection (b) of 
such section, as amended by section 1263 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 407), is further amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘goals of’’ inserting ‘‘goals 
and factors shaping’’; and 
(B) by striking ‘‘Chinese grand strategy, 
security strategy,’’ and inserting ‘‘Chinese secu-
rity strategy’’; 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) Trends in Chinese security and military 
behavior that would be designed to achieve, or that 
are inconsistent with, the goals described in para-
graph (1).’’; 
(3) in paragraph (6)—
577 
(A) by inserting ‘‘and training’’ after 
‘‘military doctrine’’; and 
(B) by striking ‘‘, focusing on (but not lim-
ited to) efforts to exploit a transformation in 
military affairs or to conduct preemptive 
strikes’’; and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(10) In consultation with the Secretary of En-
ergy and the Secretary of State, developments re-
garding United States-China engagement and co-
operation on security matters. 
‘‘(11) The current state of United States mili-
tary-to-military contacts with the People’s Libera-
tion Army, which shall include the following: 
‘‘(A) A comprehensive and coordinated 
strategy for such military-to-military contacts 
and updates to the strategy. 
‘‘(B) A summary of all such military-to- 
military contacts during the period covered by 
the report, including a summary of topics dis-
cussed and questions asked by the Chinese par-
ticipants in those contacts. 
‘‘(C) A description of such military-to-mili-
tary contacts scheduled for the 12-month period
578 
following the period covered by the report and 
the plan for future contacts. 
‘‘(D) The Secretary’s assessment of the 
benefits the Chinese expect to gain from such 
military-to-military contacts. 
‘‘(E) The Secretary’s assessment of the 
benefits the Department of Defense expects to 
gain from such military-to-military contacts, 
and any concerns regarding such contacts. 
‘‘(F) The Secretary’s assessment of how 
such military-to-military contacts fit into the 
larger security relationship between the United 
States and the People’s Republic of China. 
‘‘(12) Other military and security developments 
involving the People’s Republic of China that the 
Secretary of Defense considers relevant to United 
States national security.’’. 
(c) CONFORMING AMENDMENT.—Such section is fur-
ther amended in the heading by striking ‘‘MILITARY 
POWER OF’’ and inserting ‘‘MILITARY AND SECURITY 
DEVELOPMENTS INVOLVING’’. 
(d) REPEALS.—Section 1201 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106– 
65; 113 Stat. 779; 10 U.S.C. 168 note) is amended by 
striking subsections (e) and (f).
579 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the date of the en-
actment of this Act, and shall apply with respect to 
reports required to be submitted under subsection 
(a) of section 1202 of the National Defense Author-
ization Act for Fiscal Year 2000, as so amended, on 
or after that date. 
(2) STRATEGY AND UPDATES FOR MILITARY- 
TO-MILITARY
CONTACTS
WITH
PEOPLE’S
LIBERA-
TION ARMY.—The requirement to include the strat-
egy described in paragraph (11)(A) of section 
1202(b) of the National Defense Authorization Act 
for Fiscal Year 2000, as so amended, in the report 
required to be submitted under section 1202(a) of 
such Act, as so amended, shall apply with respect to 
the first report required to be submitted under sec-
tion 1202(a) of such Act on or after the date of the 
enactment of this Act. The requirement to include 
updates to such strategy shall apply with respect to 
each subsequent report required to be submitted 
under section 1202(a) of such Act on or after the 
date of the enactment of this Act.
580 
SEC. 1234. REPORT ON IMPACTS OF DRAWDOWN AUTHORI-
TIES ON THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to the congressional defense committees and 
the Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Relations of 
the Senate an annual report, in unclassified form but with 
a classified annex if necessary, on the impacts of draw-
down authorities on the Department of Defense. The re-
port required under this subsection shall be submitted con-
current with the budget submitted to Congress by the 
President pursuant to section 1105(a) of title 31, United 
States Code. 
(b) ELEMENTS OF REPORT.—The report required 
under subsection (a) shall contain the following elements: 
(1) A list of each drawdown for which a presi-
dential determination was issued in the preceding 
year. 
(2) A summary of the types and quantities of 
equipment that was provided under each drawdown 
in the preceding year. 
(3) The cost to the Department of Defense to 
replace any equipment transferred as part of each 
drawdown, not including any depreciation, in the 
preceding year.
581 
(4) The cost to the Department of Defense of 
any other item, including fuel or services, trans-
ferred as part of each drawdown in the preceding 
year. 
(5) The total amount of funds transferred 
under each drawdown in the preceding year. 
(6) A copy of any statement of impact on readi-
ness or statement of impact on operations and main-
tenance that any military service furnished as part 
of the process of developing a drawdown package in 
the preceding year. 
(7) An assessment by the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff of the 
impact of transfers carried out as part of drawdowns 
in the previous year on— 
(A) the ability of the Armed Forces to 
meet the requirements of ongoing overseas con-
tingency operations; 
(B) the level of risk associated with the 
ability of the Armed Forces to execute the mis-
sions called for under the National Military 
Strategy as described in section 153(b) of title 
10, United States Code; 
(C) the ability of the Armed Forces to 
reset from current contingency operations;
582 
(D) the ability of both the active and Re-
serve forces to conduct necessary training; and 
(E) the ability of the Reserve forces to re-
spond to domestic emergencies. 
(c) DEFINITIONS.—In this section: 
(1) 
DRAWDOWN.—The 
term 
‘‘drawdown’’ 
means any transfer or package of transfers of equip-
ment, services, fuel, funds or any other items carried 
out pursuant to a presidential determination issued 
under a drawdown authority. 
(2) DRAWDOWN AUTHORITY.—The term ‘‘draw-
down authority’’ means an authority under— 
(A) section 506(a) (1) or (2) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2318(a) 
(1) or (2)); 
(B) section 552(c)(2) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2348a(c)(2)); 
or 
(C) any other substantially similar provi-
sion of law. 
SEC. 1235. RISK ASSESSMENT OF UNITED STATES SPACE 
EXPORT CONTROL POLICY. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense and the Secretary of State shall carry out an assess-
ment of the national security risks of removing satellites
583 
and related components from the United States Munitions 
List. 
(b) MATTERS TO BE INCLUDED.—The assessment 
required under subsection (a) shall included the following 
matters: 
(1) A review of the space and space-related 
technologies currently on the United States Muni-
tions List, to include satellite systems, dedicated 
subsystems, and components. 
(2) An assessment of the national security risks 
of removing certain space and space-related tech-
nologies identified under paragraph (1) from the 
United States Munitions List. 
(3) An examination of the degree to which 
other nations’ export control policies control or limit 
the export of space and space-related technologies 
for national security reasons. 
(4) Recommendations for— 
(A) the space and space-related tech-
nologies that should remain on, or may be can-
didates for removal from, the United States 
Munitions List based on the national security 
risk assessment required paragraph (2); 
(B) the safeguards and verifications nec-
essary to—
584 
(i) prevent the proliferation and diver-
sion of such space and space-related tech-
nologies; 
(ii) confirm appropriate end use and 
end users; and 
(iii) minimize the risk that such space 
and space-related technologies could be 
used in foreign missile, space, or other ap-
plications that may pose a threat to the se-
curity of the United States; and 
(C) improvements to the space export con-
trol policy and processes of the United States 
that do not adversely affect national security. 
(c) CONSULTATION.—In conducting the assessment 
required under subsection (a), the Secretary of Defense 
and the Secretary of State may consult with the heads 
of other relevant departments and agencies of the United 
States Government as the Secretaries determine is nec-
essary. 
(d) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Secretary of State shall submit to the congressional 
defense committees and the Committee on Foreign Affairs 
of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report on the assess-
597 
which the person contributes funds for activities conducted 
under the Cooperative Threat Reduction Program of the 
Department of Defense. 
(b) RETENTION AND USE OF AMOUNTS.—Subject to 
the availability of appropriations, the Secretary of Defense 
may retain and use amounts contributed under an agree-
ment under subsection (a) for purposes of the Cooperative 
Threat Reduction Program of the Department of Defense. 
Amounts so contributed shall be retained in a separate 
fund established in the Treasury for such purposes, sub-
ject to the availability of appropriations, consistent with 
an agreement under subsection (a). 
(c) RETURN OF AMOUNTS NOT USED WITHIN FIVE 
YEARS.—If an amount contributed under an agreement 
under subsection (a) is not used under this section within 
five years after it was contributed, the Secretary of De-
fense shall return that amount to the person who contrib-
uted it. 
(d) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, and every 90 
days thereafter, the Secretary of Defense shall sub-
mit to the appropriate congressional committees a 
report on the receipt and use of amounts under this