I One Hundred Eleventh Congress of the United States of America At the First SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and nine H. R. 2647 AN ACT To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2010.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into five divisions as follows: (1)Division A—Department of Defense Authorizations. (2)Division B—Military Construction Authorizations. (3)Division C—Department of Energy National Security Authorizations and Other Authorizations. (4)Division D—Funding tables. (5)Division E—Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS Title I—Procurement Subtitle A—Authorization of Appropriations Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. National Guard and Reserve equipment. Sec. 106. Mine Resistant Ambush Protected Vehicle Fund. Sec. 107. Relation to funding table. Subtitle B—Army Programs Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade combat team equipment. Subtitle C—Navy Programs Sec. 121. Littoral Combat Ship program. Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisition program. Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship. Sec. 124. Advance procurement funding. Sec. 125. Procurement programs for future naval surface combatants. Sec. 126. Ford-class aircraft carrier report. Sec. 127. Report on a service life extension program for Oliver Hazard Perry class frigates. Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or EA–18G aircraft. Subtitle D—Air Force Programs Sec. 131. Report on the procurement of 4.5 generation fighter aircraft. Sec. 132. Revised availability of certain funds available for the F–22A fighter aircraft. Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. Sec. 134. AC–130 gunships. Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re-engining. Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. Sec. 137. Limitation on retirement of C–5 aircraft. Sec. 138. Reports on strategic airlift aircraft. Sec. 139. Strategic airlift force structure. Subtitle E—Joint and Multiservice Matters Sec. 141. Body armor procurement. Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. Sec. 143. Modification of nature of data link for use by tactical unmanned aerial vehicles. Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Sec. 202. Relation to funding table. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Extension and enhancement of Global Research Watch Program. Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology Panel. Sec. 213. Elimination of report requirements regarding Defense Science and Technology Program. Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure and Government purpose rights license associated with the Navy-Marine Corps intranet. Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible program. Sec. 216. Separate program elements required for research and development of individual body armor and associated components. Sec. 217. Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft. Sec. 218. Restriction on obligation of funds for Army tactical ground network program pending receipt of report. Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabilities for the Army. Sec. 220. Guidance on budget justification materials describing funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities. Sec. 221. Assessment of technological maturity and integration risk of Army modernization programs. Sec. 222. Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets. Subtitle C—Missile Defense Programs Sec. 231. Sense of Congress on ballistic missile defense. Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System. Sec. 233. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska. Sec. 234. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe. Sec. 235. Authorization of funds for development and deployment of alternative missile defense systems in Europe. Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile defense system. Sec. 237. Study on discrimination capabilities of ballistic missile defense system. Sec. 238. Ascent phase missile defense strategy and plan. Sec. 239. Extension of deadline for study on boost-phase missile defense. Subtitle D—Reports Sec. 241. Repeal of requirement for biennial joint warfighting science and technology plan. Sec. 242. Modification of reporting requirement for defense nanotechnology research and development program. Sec. 243. Comptroller General assessment of coordination of energy storage device requirements, purchases, and investments. Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft acquisition program. Sec. 245. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities. Sec. 246. Report on future research and development of man-portable and vehicle-mounted guided missile systems. Sec. 247. Report on the development of command and control systems. Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. Subtitle E—Other Matters Sec. 251. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base. Sec. 252. Establishment of program to enhance participation of historically black colleges and universities and minority-serving institutions in defense research programs. Sec. 253. Extension of authority to award prizes for advanced technology achievements. Sec. 254. Authority for National Aeronautics and Space Administration federally funded research and development centers to participate in merit-based technology research and development programs. Sec. 255. Next generation bomber aircraft. Title III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Operation and maintenance funding. Sec. 302. Relation to funding table. Subtitle B—Environmental Provisions Sec. 311. Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs. Sec. 312. Reauthorization of title I of Sikes Act. Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installations. Sec. 314. Reauthorization of pilot program for invasive species management for military installations in Guam. Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia. Sec. 316. Procurement and use of munitions. Sec. 317. Prohibition on disposing of waste in open-air burn pits. Sec. 318. Military munitions response sites. Subtitle C—Workplace and Depot Issues Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance. Sec. 322. Time limitation on duration of public-private competitions. Sec. 323. Policy regarding installation of major modifications and upgrades. Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. Sec. 325. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor. Sec. 326. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor. Sec. 327. Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal employees to performance by a contractor. Sec. 328. Improvement of inventory management practices. Sec. 329. Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and repair workloads. Subtitle D—Energy Security Sec. 331. Authorization of appropriations for Director of Operational Energy. Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs. Sec. 333. Report on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations. Sec. 334. Report on use of renewable fuels to meet energy requirements of Department of Defense. Sec. 335. Energy security on Department of Defense installations. Subtitle E—Reports Sec. 341. Annual report on procurement of military working dogs. Sec. 342. Plan for managing vegetative encroachment at training ranges. Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B Harrier aircraft. Sec. 344. Study on Army modularity. Subtitle F—Other Matters Sec. 351. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes. Sec. 352. Policy on ground combat and camouflage utility uniforms. Sec. 353. Condition-based maintenance demonstration programs. Sec. 354. Extension of arsenal support program initiative. Title IV—Military Personnel Authorizations Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revision in permanent active duty end strength minimum levels. Sec. 403. Additional authority for increases of Army active-duty end strengths for fiscal years 2011 and 2012. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and Students account for the Army National Guard. Sec. 417. Report on requirements of the National Guard for non-dual status technicians. Sec. 418. Expansion of authority of Secretaries of the military departments to increase certain end strengths to include Selected Reserve end strengths. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Sec. 422. Repeal of delayed one-time shift of military retirement payments. Title V—Military Personnel Policy Subtitle A—Officer Personnel Policy Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. Sec. 502. Modification of limitations on general and flag officers on active duty. Sec. 503. Revisions to annual reporting requirement on joint officer management. Sec. 504. Extension of temporary increase in maximum number of days leave members may accumulate and carryover. Sec. 505. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA–21) officer candidate program. Sec. 506. Independent review of judge advocate requirements of the Department of the Navy. Subtitle B—General Service Authorities Sec. 511. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment. Sec. 512. Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury. Sec. 513. Legal assistance for additional reserve component members. Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for Reserve units when certain suspension of training is likely. Sec. 515. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces. Sec. 516. Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities. Subtitle C—Education and Training Sec. 521. Detail of commissioned officers as students at schools of psychology. Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve Officers’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United States. Sec. 523. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences. Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills to assist in providing mental health care. Sec. 525. Department of Defense undergraduate nurse training program. Sec. 526. Increase in number of private sector civilians authorized for admission to National Defense University. Sec. 527. Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands. Sec. 528. Athletic association for the Air Force Academy. Sec. 529. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Subtitle D—Defense Dependents’ Education Sec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 532. Impact aid for children with severe disabilities. Sec. 533. Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 534. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents. Sec. 535. Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe. Sec. 536. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid. Sec. 537. Study on options for educational opportunities for dependent children of members of the Armed Forces when public schools attended by such children are determined to need improvement. Sec. 538. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces. Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children. Subtitle E—Missing or Deceased Persons Sec. 541. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons. Sec. 542. Policy and procedures on media access and attendance by family members at ceremonies for the dignified transfer of remains of members of the Armed Forces who die overseas. Sec. 543. Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member. Sec. 544. Sense of Congress on the recovery of the remains of members of the Armed Forces who were killed during World War II in the battle of Tarawa Atoll. Subtitle F—Decorations and Awards Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. Kaho’ohanohano for acts of valor during the Korean War. Sec. 552. Authorization and request for award of Distinguished-Service Cross to Jack T. Stewart for acts of valor during the Vietnam War. Sec. 553. Authorization and request for award of Distinguished-Service Cross to William T. Miles, Jr., for acts of valor during the Korean War. Subtitle G—Military Family Readiness Matters Sec. 561. Establishment of online resources to provide information about benefits and services available to members of the Armed Forces and their families. Sec. 562. Additional members on Department of Defense Military Family Readiness Council. Sec. 563. Support for military families with special needs. Sec. 564. Pilot program to secure internships for military spouses with Federal agencies. Sec. 565. Family and medical leave for family of servicemembers. Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services. Sec. 567. Improved prevention and response to allegations of sexual assault involving members of the Armed Forces. Sec. 568. Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families. Sec. 569. Report on impact of domestic violence on military families. Sec. 570. Report on international intrafamilial abduction of children of members of the Armed Forces. Sec. 571. Assessment of impact of deployment of members of the Armed Forces on their dependent children. Sec. 572. Report on child custody litigation involving service of members of the Armed Forces. Sec. 573. Comptroller General report on child care assistance for members of the Armed Forces. Subtitle H—Military voting Sec. 575. Short title. Sec. 576. Clarification regarding delegation of State responsibilities to local jurisdictions. Sec. 577. Establishment of procedures for absent uniformed services voters and overseas voters to request and for States to send voter registration applications and absentee ballot applications by mail and electronically. Sec. 578. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters. Sec. 579. Ensuring absent uniformed services voters and overseas voters have time to vote. Sec. 580. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. Sec. 581. Federal write-in absentee ballot. Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and Federal write-in absentee ballots for failure to meet certain requirements. Sec. 583. Federal Voting Assistance Program Improvements. Sec. 584. Development of standards for reporting and storing certain data. Sec. 585. Repeal of provisions relating to use of single application for all subsequent elections. Sec. 586. Reporting requirements. Sec. 587. Annual report on enforcement. Sec. 588. Requirements payments. Sec. 589. Technology pilot program. Subtitle I—Other Matters Sec. 591. Clarification of performance policies for military musical units and musicians. Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps. Sec. 593. Modification of matching fund requirements under National Guard Youth Challenge Program. Sec. 594. Expansion of Military Leadership Diversity Commission to include reserve component representatives. Sec. 595. Expansion of suicide prevention and community healing and response training under the Yellow Ribbon Reintegration Program. Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces. Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration programs. Sec. 598. Reports on progress in completion of certain incident information management tools. Title VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Fiscal year 2010 increase in military basic pay. Sec. 602. Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents. Sec. 603. Special compensation for members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living. Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program for certain periods before implementation of program. Sec. 605. Report on housing standards and housing surveys used to determine basic allowance for housing. Sec. 606. Comptroller General comparative assessment of military and private-sector pay and benefits. Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. Sec. 616. One-year extension of authorities relating to payment of referral bonuses. Sec. 617. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar benefits for certain members. Sec. 618. Proration of certain special and incentive pays to reflect time during which a member satisfies eligibility requirements for the special or incentive pay. Sec. 619. Additional assignment pay or special duty pay authorized for members agreeing to serve in Afghanistan for extended periods. Sec. 620. Temporary authority for monthly special pay for members of the Armed Forces subject to continuing active duty or service under stop-loss authorities. Sec. 621. Army authority to provide additional recruitment incentives. Sec. 622. Report on recruitment and retention of members of the Air Force in nuclear career fields. Subtitle C—Travel and Transportation Allowances Sec. 631. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremonies. Sec. 632. Travel and transportation allowances for designated individuals of wounded, ill, or injured members of the uniformed services for duration of inpatient treatment. Sec. 633. Authorized travel and transportation allowances for non-medical attendants for very seriously and seriously wounded, ill, or injured members. Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on active duty and their dependents for travel for specialty care under exceptional circumstances. Sec. 635. Report on adequacy of weight allowances for transportation of baggage and household effects for members of the uniformed services. Subtitle D—Disability, Retired Pay, and Survivor Benefits Sec. 641. Transition assistance for reserve component members injured while on active duty. Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. Sec. 643. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement. Sec. 644. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Forces. Sec. 645. Treatment as active service for retired pay purposes of service as member of Alaska Territorial Guard during World War II. Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations Sec. 651. Limitation on Department of Defense entities offering personal information services to members and their dependents. Sec. 652. Report on impact of purchasing from local distributors all alcoholic beverages for resale on military installations on Guam. Subtitle F—Other Matters Sec. 661. Limitations on collection of overpayments of pay and allowances erroneously paid to members. Sec. 662. Sense of Congress on airfares for members of the Armed Forces. Sec. 663. Sense of Congress on establishment of flexible spending arrangements for the uniformed services. Sec. 664. Sense of Congress regarding support for compensation, retirement, and other military personnel programs. Title VII—Health Care Provisions Subtitle A—Improvements to Health Benefits Sec. 701. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions. Sec. 702. Health care for members of the reserve components. Sec. 703. Enhancement of transitional dental care for members of the reserve components on active duty for more than 30 days in support of a contingency operation. Sec. 704. Expansion of survivor eligibility under TRICARE dental program. Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60. Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to Medicare part A hospital insurance benefits. Sec. 707. Notification of certain individuals regarding options for enrollment under Medicare part B. Sec. 708. Mental health assessments for members of the Armed Forces deployed in connection with a contingency operation. Sec. 709. Temporary TRICARE inpatient fee modification. Subtitle B—Health Care Administration Sec. 711. Comprehensive policy on pain management by the military health care system. Sec. 712. Administration and prescription of psychotropic medications for members of the Armed Forces before and during deployment. Sec. 713. Cooperative health care agreements between military installations and non-military health care systems. Sec. 714. Plan to increase the mental health capabilities of the Department of Defense. Sec. 715. Department of Defense study on management of medications for physically and psychologically wounded members of the Armed Forces. Sec. 716. Limitation on obligation of funds under defense health program information technology programs. Subtitle C—Other Matters Sec. 721. Study and plan to improve military health care. Sec. 722. Study, plan, and pilot for the mental health care needs of dependent children of members of the Armed Forces. Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former members of the Armed Forces. Sec. 724. Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces. Sec. 725. Chiropractic clinical trials. Sec. 726. Independent study on post-traumatic stress disorder efforts. Sec. 727. Report on implementation of requirements on the relationship between the TRICARE program and employer-sponsored group health plans. Sec. 728. Report on stipends for members of reserve components for health care for certain dependents. Title VIII—Acquisition Policy, Acquisition Management, and Related Matters Subtitle A—Acquisition Policy and Management Sec. 801. Temporary authority to acquire products and services produced in countries along a major route of supply to Afghanistan; report. Sec. 802. Assessment of improvements in service contracting. Sec. 803. Display of annual budget requirements for procurement of contract services and related clarifying technical amendments. Sec. 804. Implementation of new acquisition process for information technology systems. Sec. 805. Life-cycle management and product support. Sec. 806. Treatment of non-defense agency procurements under joint programs with intelligence community. Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, and equipment for military operations. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitation Sec. 811. Justification and approval of sole-source contracts. Sec. 812. Revision of Defense Supplement relating to payment of costs prior to definitization. Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. Sec. 814. Amendment to notification requirements for awards of single source task or delivery orders. Sec. 815. Clarification of uniform suspension and debarment requirement. Sec. 816. Extension of authority for use of simplified acquisition procedures for certain commercial items. Sec. 817. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs. Sec. 818. Small arms production industrial base matters. Sec. 819. Contract authority for advanced component development or prototype units. Sec. 820. Publication of notification of bundling of contracts of the Department of Defense. Subtitle C—Contractor Matters Sec. 821. Authority for Government support contractors to have access to technical data belonging to prime contractors. Sec. 822. Extension and enhancement of authorities on the Commission on Wartime Contracting in Iraq and Afghanistan. Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to companies found to jeopardize health or safety of Government personnel. Subtitle D—Acquisition workforce matters Sec. 831. Enhancement of expedited hiring authority for defense acquisition workforce positions. Sec. 832. Funding of Department of Defense Acquisition Workforce Development Fund. Sec. 833. Review of post-employment restrictions applicable to the Department of Defense. Sec. 834. Review of Federal acquisition workforce training and hiring. Subtitle E—Other Matters Sec. 841. Reports to Congress on full deployment decisions for major automated information system programs. Sec. 842. Authorization to take actions to correct the industrial resource shortfall for high-purity beryllium metal. Sec. 843. Report on rare earth materials in the defense supply chain. Sec. 844. Comptroller General report on structure and management of subcontractors under contracts for major weapon systems. Sec. 845. Study of the use of factors other than cost or price as the predominate factors in evaluating competitive proposals for defense procurement contracts. Sec. 846. Repeal of requirements relating to the military system essential item breakout list. Sec. 847. Extension of SBIR and STTR programs of the Department of Defense. Sec. 848. Extension of authority for small business innovation research Commercialization Pilot Program. Title IX—Department of Defense Organization and Management Subtitle A—Department of Defense Management Sec. 901. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense Cyber Crime Center. Sec. 902. Organizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity. Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans and Programs. Sec. 904. Increased flexibility for combatant commander initiative fund. Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Technology Security Policy within the Office of the Under Secretary of Defense for Policy. Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of Defense. Subtitle B—Space Activities Sec. 911. Submission and review of space science and technology strategy. Sec. 912. Provision of space situational awareness services and information to non-United States Government entities. Sec. 913. Management and funding strategy and implementation plan for the National Polar-Orbiting Operational Environmental Satellite System Program. Subtitle C—Intelligence-Related Matters Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from counterintelligence operations. Sec. 922. Plan to address foreign ballistic missile intelligence analysis. Subtitle D—Other Matters Sec. 931. Implementation strategy for developing leap-ahead cyber operations capabilities. Sec. 932. Defense integrated military human resources system development and transition. Sec. 933. Report on special operations command organization, manning, and management. Sec. 934. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel. Sec. 935. Plan on access to national airspace for unmanned aircraft systems. Title X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Relationship of the quadrennial defense review and the annual budget request. Sec. 1003. Audit readiness of financial statements of the Department of Defense. Subtitle B—Counter-Drug Activities Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. Sec. 1012. Joint task forces support to law enforcement agencies conducting counter-terrorism activities. Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug activities. Sec. 1014. Support for counter-drug activities of certain foreign governments. Sec. 1015. Border coordination centers in Afghanistan and Pakistan. Sec. 1016. Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account. Subtitle C—Naval Vessels and Shipyards Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State. Sec. 1023. Temporary reduction in minimum number of operational aircraft carriers. Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1. Subtitle D—Miscellaneous Requirements, Authorities, and Limitations Sec. 1031. Prohibition relating to propaganda. Sec. 1032. Responsibility for preparation of biennial global positioning system report. Sec. 1033. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs. Sec. 1034. Additional duties for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents. Sec. 1035. Charter for the National Reconnaissance Office. Sec. 1036. National strategic five-year plan for improving the nuclear forensic and attribution capabilities of the United States. Sec. 1037. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense. Sec. 1038. Prohibition on interrogation of detainees by contractor personnel. Sec. 1039. Notification and access of International Committee of the Red Cross with respect to detainees at Theater Internment Facility at Bagram Air Base, Afghanistan. Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists. Sec. 1041. Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1042. Additional subpoena authority for the Inspector General of the Department of Defense. Sec. 1043. Limitations on modifications of certain Government furnished equipment; one-time authority to transfer certain military prototype. Subtitle E—Studies and Reports Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial defense review. Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense review. Sec. 1053. Annual report on the electronic warfare strategy of the Department of Defense. Sec. 1054. Study on a system for career development and management of interagency national security professionals. Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons. Sec. 1056. Comptroller General review of Department of Defense spending in final fiscal quarters. Sec. 1057. Report on Air America. Sec. 1058. Report on defense travel simplification. Sec. 1059. Report on modeling and simulation technological and industrial base. Sec. 1060. Report on enabling capabilities for special operations forces. Sec. 1061. Additional members and duties for the independent panel to assess the quadrennial defense review. Sec. 1062. Congressional earmarks relating to the Department of Defense. Sec. 1063. Report on basing plans for certain United States geographic combatant commands. Subtitle F—Other Matters Sec. 1071. Extension of certain authority for making rewards for combating terrorism. Sec. 1072. Business process reengineering. Sec. 1073. Technical and clerical amendments. Sec. 1074. Extension of sunset for congressional commission on the strategic posture of the United States. Sec. 1075. Combat air forces restructuring. Sec. 1076. Sense of Congress regarding carrier air wing force structure. Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities. Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. Sec. 1079. Justice for victims of torture and terrorism. Sec. 1080. Requirement for videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the effective control of the Department of Defense. Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling support for the air force. Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force. Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere Institute for Security Cooperation. Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Security Cooperation. Title XI—Civilian Personnel Matters Subtitle A—Personnel 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. Extension and modification of experimental personnel management program for scientific and technical personnel. Sec. 1105. Modification to Department of Defense laboratory personnel authority. Sec. 1106. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1107. Extension of certain benefits to Federal civilian employees on official duty in Pakistan. 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. Pilot program for the temporary exchange of information technology personnel. Sec. 1111. Availability of funds for compensation of certain civilian employees of the Department of Defense. Sec. 1112. Department of defense civilian leadership program. Sec. 1113. Provisions relating to the National Security Personnel System. Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel System. Subtitle B—Provisions relating to reemployment of annuitants Sec. 1121. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants. Sec. 1122. Part-time reemployment. Sec. 1123. Government Accountability Office report. Title XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201.  One-year extension of authority for security and stabilization assistance. Sec. 1202.  Expansion of authority and modification of notification and reporting requirements for use of authority for support of special operations to combat terrorism. 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. Sec. 1205.  Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint Forces Command. Sec. 1206.  Modification of authorities relating to program to build the capacity of foreign military forces. Sec. 1207.  Authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries. Sec. 1208.  Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability. Sec. 1209.  Enhancing Iraqi security through defense cooperation between the United States and Iraq. Sec. 1210.  Availability of appropriated funds for the State Partnership Program. Subtitle B—Matters relating to Iraq, Afghanistan, and Pakistan Sec. 1221.  Limitation on availability of funds for certain purposes relating to Iraq. Sec. 1222.  One-year extension and expansion of Commanders’ Emergency Response Program. Sec. 1223.  Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1224.  Pakistan Counterinsurgency Fund. Sec. 1225.  Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan. Sec. 1226.  Reports on campaign plans for Iraq and Afghanistan. Sec. 1227.  Report on responsible redeployment of United States Armed Forces from Iraq. Sec. 1228.  Report on community-based security programs in Afghanistan. Sec. 1229.  Updates of report on command and control structure for military forces operating in Afghanistan. Sec. 1230.  Report on feasibility and desirability of establishing general uniform procedures and guidelines for the provision of monetary assistance by the United States to civilian foreign nationals for losses incident to combat activities of the armed forces. Sec. 1231.  Assessment and report on United States-Pakistan military relations and cooperation. Sec. 1232.  Report on progress toward security and stability in Pakistan. Sec. 1233.  Repeal of GAO war-related reporting requirement. Sec. 1234.  Authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan. Sec. 1235.  Analysis of required force levels and types of forces needed to secure southern and eastern regions of Afghanistan. Sec. 1236.  Modification of report on progress toward security and stability in Afghanistan. Sec. 1237.  No permanent military bases in Afghanistan. Subtitle C—Other matters Sec. 1241.  Report on United States engagement with Iran. Sec. 1242.  Annual counterterrorism status reports. Sec. 1243.  Report on United States contributions to the United Nations. Sec. 1244.  NATO Special Operations Coordination Center. Sec. 1245.  Annual report on military power of Iran. Sec. 1246.  Annual report on military and security developments involving the People’s Republic of China. Sec. 1247.  Report on impacts of drawdown authorities on the Department of Defense. Sec. 1248.  Risk assessment of United States space export control policy. Sec. 1249.  Patriot air and missile defense battery in Poland. Sec. 1250.  Report on potential foreign military sales of the F–22A fighter aircraft. Sec. 1251.  Report on the plan for the nuclear weapons stockpile, nuclear weapons complex, and delivery platforms and sense of Congress on follow-on negotiations to START Treaty. Sec. 1252.  Map of mineral-rich zones and areas under the control of armed groups in the Democratic Republic of the Congo. Sec. 1253.  Sense of Congress relating to Israel. Sec. 1254.  Sense of Congress on imposing sanctions with respect to Iran. Sec. 1255.  Report and sense of Congress on North Korea. Sec. 1256.  Report on potential missile defense cooperation with Russia. Subtitle D—VOICE Act Sec. 1261. Short title. Sec. 1262. Authorization of appropriations. Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund. Sec. 1264. Annual report. Sec. 1265. Report on actions by non-Iranian companies. Sec. 1266. Human rights documentation. Title XIII—Cooperative Threat Reduction Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. Sec. 1302. Funding allocations. Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Program. Sec. 1304. Metrics for the Cooperative Threat Reduction Program. Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat reduction activities. Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. Title XIV—OTHER AUTHORIZATIONS Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. National Defense Sealift Fund. Sec. 1403. Chemical agents and munitions destruction, defense. Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1405. Defense Inspector General. Sec. 1406. Defense Health Program. Sec. 1407. Relation to funding table. Subtitle B—National Defense Stockpile Sec. 1411. Authorized uses of National Defense Stockpile funds. Sec. 1412. Extension of previously authorized disposal of cobalt from National Defense Stockpile. Sec. 1413. Report on implementation of reconfiguration of the National Defense Stockpile. Subtitle C—Armed Forces Retirement Home Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations Sec. 1501. Purpose. Sec. 1502. Army procurement. Sec. 1503. Joint Improvised Explosive Device Defeat Fund. Sec. 1504. Navy and Marine Corps procurement. Sec. 1505. Air Force procurement. Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund. Sec. 1507. Defense-wide activities procurement. Sec. 1508. Research, development, test, and evaluation. Sec. 1509. Operation and maintenance. Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces Fund. Sec. 1511. Limitations on Iraq Security Forces Fund. Sec. 1512. Military personnel. Sec. 1513. Working capital funds. Sec. 1514. Defense Health Program. Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1516. Defense Inspector General. Sec. 1517. Relation to funding tables. Sec. 1518. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. Sec. 1519. Treatment as additional authorizations. Sec. 1520. Special transfer authority. Title XVII—Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Project Sec. 1701. Demonstration project authority. Sec. 1702. Transfer of property. Sec. 1703. Transfer of civilian personnel of the Department of Defense. Sec. 1704. Joint funding authority. Sec. 1705. Eligibility of members of the uniformed services for care and services. Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund. Title XVIII—Military Commissions Sec. 1801. Short title. Sec. 1802. Military commissions. Sec. 1803. Conforming amendments. Sec. 1804. Proceedings under prior statute. Sec. 1805. Submittal to Congress of revised rules for military commissions. Sec. 1806. Annual reports to Congress on trials by military commission. Sec. 1807. Sense of Congress on military commission system. Title XIX—Federal employee benefits Subtitle A—General provisions Sec. 1901. Credit for unused sick leave. Sec. 1902. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the Civil Service Retirement System. Sec. 1903. Computation of certain annuities based on part-time service. Sec. 1904. Authority to deposit refunds under FERS. Sec. 1905. Retirement credit for service of certain employees transferred from District of Columbia service to Federal service. Subtitle B—Non-Foreign Area Retirement Equity Assurance Sec. 1911. Short title. Sec. 1912. Extension of locality pay. Sec. 1913. Adjustment of special rates. Sec. 1914. Transition schedule for locality-based comparability payments. Sec. 1915. Savings provision. Sec. 1916. Application to other eligible employees. Sec. 1917. Election of additional basic pay for annuity computation by employees. Sec. 1918. Regulations. Sec. 1919. Effective dates. Division B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Relation to funding tables. Sec. 2004. General reduction across division. Title XXI—Army Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Improvements to military family housing units. Sec. 2104. Authorization of appropriations, Army. Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. Title XXII—Navy Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification and extension of authority to carry out certain fiscal year 2006 project. Title XXIII—Air Force Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force project. Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. Sec. 2308. Conveyance to Indian tribes of certain housing units. Title XXIV—Defense Agencies Subtitle A—Defense Agency Authorizations Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Family Housing. Sec. 2403. Energy conservation projects. Sec. 2404. Authorization of appropriations, Defense Agencies. Sec. 2405. Termination or modification of authority to carry out certain fiscal year 2009 projects. Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. Subtitle B—Chemical Demilitarization Authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. Title XXV—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Title XXVI—Guard and Reserve Forces Facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. Title XXVII—Base Closure and Realignment Activities Subtitle A—Authorizations Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990. Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005. Subtitle B—Other Matters Sec. 2711. Relocation of certain Army Reserve units in Connecticut. Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of Pease Air National Guard Base, New Hampshire. Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not adversely affect operational readiness. Sec. 2714. Requirements related to providing world class military medical facilities in the National Capital Region. Sec. 2715. Use of economic development conveyances to implement base closure and realignment property recommendations. Title XXVIII—Military Construction General Provisions Subtitle A—Military Construction Program and Military Family Housing Changes Sec. 2801. Modification of unspecified minor construction authorities. Sec. 2802. Congressional notification of facility repair projects carried out using operation and maintenance funds. Sec. 2803. Modification of authority for scope of work variations. Sec. 2804. Modification of conveyance authority at military installations. Sec. 2805. Imposition of requirement that acquisition of reserve component facilities be authorized by law. Sec. 2806. Authority to use operation and maintenance funds for construction projects inside the United States Central Command area of responsibility. Sec. 2807. Expansion of First Sergeants Barracks Initiative. Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. Sec. 2809. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of reserve component facilities. Subtitle B—Real Property and Facilities Administration Sec. 2821. Modification of utility systems conveyance authority. Sec. 2822. Report on global defense posture realignment and interagency review. Sec. 2823. Property and facilities management of the Armed Forces Retirement Home. Sec. 2824. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California. Sec. 2825. Selection of military installations to serve as locations of brigade combat teams. Sec. 2826. Report on Federal assistance to support communities adversely impacted by expansion of military installations. Subtitle C—Provisions Related to Guam Realignment Sec. 2831. Role of Department of Defense in management and coordination of Defense activities relating to Guam realignment. Sec. 2832. Clarifications regarding use of special purpose entities to assist with Guam realignment. Sec. 2833. Workforce issues related to military construction and certain other transactions on Guam. Sec. 2834. Composition of workforce for construction projects funded through the Support for United States Relocation to Guam Account. Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Realignment. Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on acceptance of replacement facility for Marine Corps Air Station, Futenma, Okinawa. Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pacific region. Subtitle D—Energy Security Sec. 2841. Adoption of unified energy monitoring and utility control system specification for military construction and military family housing activities. Sec. 2842. Department of Defense goal regarding use of renewable energy sources to meet facility energy needs. Sec. 2843. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods. Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. Sec. 2845. Study on development of nuclear power plants on military installations. Sec. 2846. Comptroller General report on Department of Defense renewable energy initiatives, including solar initiatives, on military installations. Subtitle E—Land Conveyances Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, California. Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility to City of Ferndale, California. Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui areas, Pearl Harbor, Hawaii. Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New York. Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. Subtitle F—Other Matters Sec. 2871. Revised authority to establish national monument to honor United States Armed Forces working dog teams. Sec. 2872. National D–Day Memorial study. Sec. 2873. Conditions on establishment of Cooperative Security Location in Palanquero, Colombia. Sec. 2874. Military activities at United States Marine Corps Mountain Warfare Training Center. Title XXIX—Overseas Contingency Operations Military Construction Authorizations Sec. 2901. Authorized Army construction and land acquisition projects. Sec. 2902. Authorized Air Force construction and land acquisition projects. Sec. 2903. Construction authorization for facilities for Office of Defense Representative-Pakistan. Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Defense nuclear waste disposal. Sec. 3105. Energy security and assurance. Sec. 3106. Relation to funding tables. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111.  Stockpile stewardship program. Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile stewardship program. Sec. 3113. Stockpile management program. Sec. 3114. Dual validation of annual weapons assessment and certification. Sec. 3115. Elimination of nuclear weapons life extension program from exception to requirement to request funds in budget of the President. Sec. 3116. Long-term plan for the modernization and refurbishment of the nuclear security complex. Sec. 3117. Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship. Sec. 3118. Modification of minor construction threshold for plant projects. Sec. 3119. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3120. National Nuclear Security Administration authority for urgent nonproliferation activities. Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration. Subtitle C—Reports Sec. 3131. National Academy of Sciences review of national security laboratories. Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate foreign nuclear weapons activities. Sec. 3133. Comptroller General study of stockpile stewardship program. Sec. 3134. Comptroller General of the United States review of projects carried out by the Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009. Subtitle D—Other Matters Sec. 3141. Ten-year plan for use and funding of certain Department of Energy facilities. Sec. 3142. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program. Sec. 3143. Identification in budget materials of amounts for certain Department of Energy pension obligations. Sec. 3144. Sense of Congress on production of molybdenum–99. Title XXXII—Defense Nuclear Facilities Safety Board Sec. 3201. Authorization. Title XXXIV—Naval Petroleum Reserves Sec. 3401. Authorization of appropriations. Title XXXV—Maritime Administration Sec. 3501. Authorization of appropriations for fiscal year 2010. Sec. 3502. Unused leave balances. Sec. 3503. Temporary program authorizing contracts with adjunct professors at the United States Merchant Marine Academy. Sec. 3504. Maritime loan guarantee program. Sec. 3505. Defense measures against unauthorized seizures of Maritime Security Fleet vessels. Sec. 3506. Report on restrictions on United States-flagged commercial vessel security. Sec. 3507. Technical corrections to State maritime academies student incentive program. Sec. 3508. Cooperative agreements, administrative expenses, and contracting authority. Sec. 3509. Use of funding for DOT maritime heritage property. Sec. 3510. Use of midshipman fees. Sec. 3511. Construction of vessels in the United States policy. Sec. 3512. Port infrastructure development program. Sec. 3513. Reefs for marine life conservation program. Sec. 3514. United States Merchant Marine Academy graduate program receipt, disbursement, and accounting for nonappropriated funds. Sec. 3515. America’s short sea transportation grants for the development of marine highways. Sec. 3516. Expansion of the Marine View system. Division D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. TITLE XLI—Procurement Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations. TITLE XLII—Research, Development, Test, and Evaluation Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. TITLE XLIII—Operation and Maintenance Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations. TITLE XLIV—Other Authorizations Sec. 4401. Other authorizations. Sec. 4402. Other authorizations for overseas contingency operations. TITLE XLV—Military Construction Authorizations Sec. 4501. Military construction. Sec. 4502. 2005 base realignment and closure round FY 2010 project listing. Sec. 4503. Military construction for overseas contingency operations. TITLE XLVI—Department of Energy National Security Programs Sec. 4601. Department of Energy national security programs. Division E—Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act Sec. 4701. Short title. Sec. 4702. Findings. Sec. 4703. Definitions. Sec. 4704. Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials. Sec. 4705. Grant program. Sec. 4706. Authorization for additional personnel to assist State, local, and tribal law enforcement. Sec. 4707. Prohibition of certain hate crime acts. Sec. 4708. Statistics. Sec. 4709. Severability. Sec. 4710. Rule of construction. Sec. 4711. Guidelines for hate-crimes offenses. Sec. 4712. Attacks on United States servicemen. Sec. 4713. Report on mandatory minimum sentencing provisions.

3.

Congressional defense committees

For purposes of this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

B

MILITARY CONSTRUCTION AUTHORIZATIONS

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2010.

2002.

Expiration of authorizations and amounts required to be specified by law

(a)

Expiration of authorizations after three years

Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1)October 1, 2012; or (2)the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013. (b)

Exception

Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1)October 1, 2012; or (2)the date of the enactment of an Act authorizing funds for fiscal year 2013 for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program.

2003.

Relation to funding tables

(a)

Military construction, military family housing, and related activities

The amounts authorized to be appropriated by sections 2104, 2204, 2304, 2404, 2411, 2502, and 2606 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4501. (b)

Base closure and realignment activities

The amounts authorized to be appropriated by section 2703 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4502. (c)

Overseas contingency operations

The amounts authorized to be appropriated by sections 2901 and 2902 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4503.

2004.

General reduction across division

(a)

Reduction

Of the amounts provided in the authorizations of appropriations in this division, the overall authorization of appropriations in this division is reduced by $529,091,000. (b)

Report on application

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing how the reduction required by subsection (a) is applied.

C

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

D

Funding Tables

4001.

Authorization of amounts in funding tables

(a)

Amounts specified in funding tables are authorized by law

Wherever a funding table in this Division specifies a dollar amount for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the indicated project, program, or activity is hereby authorized by law, subject to the availability of appropriations. (b)

Merit-based decisions

Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of dollar amount authorized pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, and other applicable provisions of law. (c)

Relationship to transfer and reprogramming authority

This section does not prevent an amount covered by this section from being transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in a funding table referred to in subsection (a) shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d)

Applicability to classified annex

This section applies to any classified annex that accompanies this Act. (e)

Oral and written communication

No oral or written communication concerning any amount specified in a funding table referred to in subsection (a) shall supersede the requirements of this section.

E

Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

Sec. 4701. Short title. Sec. 4702. Findings. Sec. 4703. Definitions. Sec. 4704. Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials. Sec. 4705. Grant program. Sec. 4706. Authorization for additional personnel to assist State, local, and tribal law enforcement. Sec. 4707. Prohibition of certain hate crime acts. Sec. 4708. Statistics. Sec. 4709. Severability. Sec. 4710. Rule of construction. Sec. 4711. Guidelines for hate-crimes offenses. Sec. 4712. Attacks on United States servicemen. Sec. 4713. Report on mandatory minimum sentencing provisions.

4701.

Short title

This division may be cited as the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.

4702.

Findings

Congress makes the following findings: (1)The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2)Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3)State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4)Existing Federal law is inadequate to address this problem. (5)A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6)Such violence substantially affects interstate commerce in many ways, including the following: (A)The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence. (B)Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. (C)Perpetrators cross State lines to commit such violence. (D)Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. (E)Such violence is committed using articles that have traveled in interstate commerce. (7)For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude. (8)Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct races. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States. (9)Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (10)The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.

4703.

Definitions

(a)

Amendment

Section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2096) is amended by inserting gender identity, after gender,. (b)

This division

In this division— (1)the term crime of violence has the meaning given that term in section 16 of title 18, United States Code; (2)the term hate crime has the meaning given that term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2096), as amended by this Act; (3)the term local means a county, city, town, township, parish, village, or other general purpose political subdivision of a State; and (4)the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

4704.

Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials

(a)

Assistance other than financial assistance

(1)

In general

At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that— (A)constitutes a crime of violence; (B)constitutes a felony under the State, local, or tribal laws; and (C)is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws. (2)

Priority

In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b)

Grants

(1)

In general

The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. (2)

Office of justice programs

In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3)

Application

(A)

In general

Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B)

Date for submission

Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C)

Requirements

A State, local, and tribal law enforcement agency applying for a grant under this subsection shall— (i)describe the extraordinary purposes for which the grant is needed; (ii)certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii)demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and (iv)certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4)

Deadline

An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application. (5)

Grant amount

A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period. (6)

Report

Not later than December 31, 2011, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010, 2011, and 2012.

4705.

Grant program

(a)

Authority to award grants

The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

4706.

Authorization for additional personnel to assist State, local, and tribal law enforcement

There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 4707 of this division.

4707.

Prohibition of certain hate crime acts

(a)

In general

Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

249.

Hate crime acts

(a)

In general

(1)

Offenses involving actual or perceived race, color, religion, or national origin

Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A)shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (B)shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i)death results from the offense; or (ii)the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2)

Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability

(A)

In general

Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person— (i)shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (ii)shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I)death results from the offense; or (II)the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (B)

Circumstances described

For purposes of subparagraph (A), the circumstances described in this subparagraph are that— (i)the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim— (I)across a State line or national border; or (II)using a channel, facility, or instrumentality of interstate or foreign commerce; (ii)the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); (iii)in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or (iv)the conduct described in subparagraph (A)— (I)interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (II)otherwise affects interstate or foreign commerce. (3)

Offenses occurring in the special maritime or territorial jurisdiction of the United States

Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs. (b)

Certification requirement

(1)

In general

No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that— (A)the State does not have jurisdiction; (B)the State has requested that the Federal Government assume jurisdiction; (C)the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or (D)a prosecution by the United States is in the public interest and necessary to secure substantial justice. (2)

Rule of construction

Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (c)

Definitions

In this section— (1)the term bodily injury has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim; (2)the term explosive or incendiary device has the meaning given such term in section 232 of this title; (3)the term firearm has the meaning given such term in section 921(a) of this title; (4)the term gender identity means actual or perceived gender-related characteristics; and (5)the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. (d)

Statute of limitations

(1)

Offenses not resulting in death

Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed. (2)

Death resulting offenses

An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.

. (b)

Technical and conforming amendment

The table of sections for chapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Hate crime acts..

4708.

Statistics

(a)

In general

Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting gender and gender identity, after race,. (b)

Data

Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting , including data about crimes committed by, and crimes directed against, juveniles after data acquired under this section.

4709.

Severability

If any provision of this division, an amendment made by this division, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this division, the amendments made by this division, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

4710.

Rule of construction

For purposes of construing this division and the amendments made by this division the following shall apply: (1)

In general

Nothing in this division shall be construed to allow a court, in any criminal trial for an offense described under this division or an amendment made by this division, in the absence of a stipulation by the parties, to admit evidence of speech, beliefs, association, group membership, or expressive conduct unless that evidence is relevant and admissible under the Federal Rules of Evidence. Nothing in this division is intended to affect the existing rules of evidence. (2)

Violent acts

This division applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of a victim. (3)

Construction and application

Nothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes any rights under the first amendment to the Constitution of the United States. Nor shall anything in this division, or an amendment made by this division, be construed or applied in a manner that substantially burdens a person’s exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, or association, unless the Government demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest, if such exercise of religion, speech, expression, or association was not intended to— (A)plan or prepare for an act of physical violence; or (B)incite an imminent act of physical violence against another. (4)

Free expression

Nothing in this division shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs or solely upon an individual's membership in a group advocating or espousing such beliefs. (5)

First amendment

Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the Constitution of the United States. (6)

Constitutional protections

Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the first amendment to the Constitution of the United States and peaceful picketing or demonstration. The Constitution of the United States does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

4711.

Guidelines for hate-crimes offenses

Section 249(a) of title 18, United States Code, as added by section 4707 of this Act, is amended by adding at the end the following: (4)

Guidelines

All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys' Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person..

4712.

Attacks on United States servicemen

(a)

In general

Chapter 67 of title 18, United States Code, is amended by adding at the end the following:

1389.

Prohibition on attacks on United States servicemen on account of service

(a)

In general

Whoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall— (1)in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years; (2)in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and (3)in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years. (b)

Exception

This section shall not apply to conduct by a person who is subject to the Uniform Code of Military Justice. (c)

Definitions

In this section— (1)the term Armed Forces has the meaning given that term in section 1388; (2)the term immediate family member has the meaning given that term in section 115; and (3)the term United States serviceman— (A)means a member of the Armed Forces; and (B)includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.

. (b)

Technical and conforming amendment

The table of sections for chapter 67 of title 18, United States Code, is amended by adding at the end the following: 1389. Prohibition on attacks on United States servicemen on account of service..

4713.

Report on mandatory minimum sentencing provisions

(a)

Report

Not later than 1 year after the date of enactment of this Act, the United States Sentencing Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on mandatory minimum sentencing provisions under Federal law. (b)

Contents of report

The report submitted under subsection (a) shall include— (1)a compilation of all mandatory minimum sentencing provisions under Federal law; (2)an assessment of the effect of mandatory minimum sentencing provisions under Federal law on the goal of eliminating unwarranted sentencing disparity and other goals of sentencing; (3)an assessment of the impact of mandatory minimum sentencing provisions on the Federal prison population; (4)an assessment of the compatibility of mandatory minimum sentencing provisions under Federal law and the sentencing guidelines system established under the Sentencing Reform Act of 1984 (Public Law 98–473; 98 Stat. 1987) and the sentencing guidelines system in place after Booker v. United States, 543 U.S. 220 (2005); (5)a description of the interaction between mandatory minimum sentencing provisions under Federal law and plea agreements; (6)a detailed empirical research study of the effect of mandatory minimum penalties under Federal law; (7)a discussion of mechanisms other than mandatory minimum sentencing laws by which Congress can take action with respect to sentencing policy; and (8)any other information that the Commission determines would contribute to a thorough assessment of mandatory minimum sentencing provisions under Federal law.

Speaker of the House of Representatives.Vice President of the United States and President of the Senate.