[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Placed on Calendar Senate (PCS)]

Calendar No. 96
111th CONGRESS
1st Session
H. R. 2647

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 6, 2009

Received; read twice and placed on the calendar

_______________________________________________________________________

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, to provide special
pays and allowances to certain members of the Armed Forces, expand
concurrent receipt of military retirement and VA disability benefits to
disabled military retirees, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

Divisions A through C of this Act may be cited as the ``National
Defense Authorization Act for Fiscal Year 2010''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions.--This Act is organized into four 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--Disabled Military Retiree Relief Act of
2009.
(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. Rapid Acquisition Fund.
Subtitle B--Army Programs

Sec. 111. Restriction on obligation of funds for army tactical radio
systems.
Sec. 112. 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. Ford-class aircraft carrier report and limitation on use of
funds.
Sec. 123. Advance procurement funding.
Sec. 124. Multiyear procurement authority for F/A-18E, F/A-18F, and EA-
18G aircraft.
Sec. 125. Multiyear procurement authority for DDG-51 Burke-class
destroyers.
Sec. 126. Conversion of certain vessels; leasing rates.
Subtitle D--Air Force Programs

Sec. 131. Repeal of certification requirement for F-22A fighter
aircraft.
Sec. 132. Preservation and storage of unique tooling for F-22 fighter
aircraft.
Sec. 133. Report on 4.5 generation fighter procurement.
Sec. 134. Reports on strategic airlift aircraft.
Sec. 135. Strategic airlift force structure.
Sec. 136. Repeal of requirement to maintain certain retired C-130E
aircraft.
Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on obligation of funds for the Navy Next
Generation Enterprise Network.
Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission
Submersible program.
Sec. 213. Separate program elements required for research and
development of individual body armor and
associated components.
Sec. 214. 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. 215. Restriction on obligation of funds pending submission of
Selected Acquisition Report.
Sec. 216. Restriction on obligation of funds for Future Combat Systems
program pending receipt of report.
Sec. 217. Limitation of the obligation of funds for the Net-Enabled
Command and Control system.
Sec. 218. Limitation on obligation of funds for F-35 Lightning II
program.
Sec. 219. Programs required to provide the Army with ground combat
vehicle and self-propelled artillery
capabilities.
Subtitle C--Missile Defense Programs

Sec. 221. Integrated Air and Missile Defense System project.
Sec. 222. Ground-based midcourse defense sustainment and modernization
program.
Sec. 223. Limitation on availability of funds for acquisition or
deployment of missile defenses in Europe.
Sec. 224. Sense of Congress reaffirming continued support for
protecting the United States against
limited ballistic missile attacks whether
accidental, unauthorized, or deliberate.
Sec. 225. Ascent phase missile defense strategy.
Sec. 226. Availability of funds for a missile defense system for Europe
and the United States.
Sec. 227. Study on discrimination capabilities of missile defense
system.
Sec. 228. Sense of Congress Reaffirming the requirement to thoroughly
consider the role of ballistic missile
defenses during the Quadrennial Defense
Review and the Nuclear Posture Review.
Subtitle D--Reports

Sec. 231. Comptroller General assessment of coordination of energy
storage device requirements and
investments.
Sec. 232. Annual Comptroller General report on the F-35 Lightning II
aircraft acquisition program.
Sec. 233. Report on integration of Department of Defense intelligence,
surveillance, and reconnaissance
capabilities.
Sec. 234. Report on future research and development of man-portable and
vehicle-mounted guided missile systems.
Subtitle E--Other Matters

Sec. 241. Access of the Director of the Test Resource Management Center
to Department of Defense information.
Sec. 242. Inclusion in annual budget request and future-years defense
program of sufficient amounts for continued
development and procurement of competitive
propulsion system for F-35 Lightning II.
Sec. 243. Establishment of program to enhance participation of
historically black colleges and
universities and minority-serving
institutions in defense research programs.
Sec. 244. Extension of authority to award prizes for advanced
technology achievements.
Sec. 245. Executive Agent for Advanced Energetics.
Sec. 246. Study on thorium-liquid fueled reactors for naval forces.
Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program.
Sec. 248. Authority for National Aeronautics and Space Administration
federally funded research and development
centers to participate in merit-based
technology research and development
programs.
TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for
Department of Defense participation in
conservation banking programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into
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. Inclusion of installation of major modifications in
definition of depot-level maintenance and
repair.
Sec. 324. Modification of authority for Army industrial facilities to
engage in cooperative activities with non-
Army entities.
Sec. 325. Cost-benefit analysis of alternatives for performance of
planned maintenance interval events and
concurrent modifications performed on the
AV-8B Harrier weapons system.
Sec. 326. Termination of certain public-private competitions for
conversion of Department of Defense
functions to performance by a contractor.
Sec. 327. Temporary suspension of public-private competitions for
conversion of Department of Defense
functions to performance by a contractor.
Sec. 328. Requirement for debriefings related to conversion of
functions from performance by Federal
employees to performance by a contractor.
Sec. 329. Amendments to bid protest procedures by Federal employees and
agency officials in conversions of
functions from performance by Federal
employees to performance by a contractor.
Subtitle D--Energy Security

Sec. 331. Authorization of appropriations for Director of Operational
Energy.
Sec. 332. Report on implementation of Comptroller General
recommendations on fuel demand management
at forward-deployed locations.
Sec. 333. Consideration of renewable fuels.
Sec. 334. Department of Defense goal regarding procurement of renewable
aviation fuels.
Sec. 335. Exception to alternative fuel procurement requirement.
Subtitle E--Reports

Sec. 341. Annual report on procurement of military working dogs.
Subtitle F--Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense
rates for non-Department of Defense Federal
cargoes.
Sec. 352. Requirements for standard ground combat uniform.
Sec. 353. Restriction on use of funds for counterthreat finance
efforts.
Sec. 354. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 355. Condition-based maintenance demonstration programs.
Sec. 356. Study on distribution of hemostatic agents.
Sec. 357. 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. Submission of options for creation of Trainees, Transients,
Holdees, and Students account for Army
National Guard.
Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Repeal of delayed one-time shift of military retirement
payments.
TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Military Personnel Policy Generally

Sec. 501. Extension of temporary increase in maximum number of days'
leave members may accumulate and carryover.
Sec. 502. Rank requirement for officer serving as Chief of the Navy
Dental Corps to correspond to Army and Air
Force requirements.
Sec. 503. Computation of retirement eligibility for enlisted members of
the Navy who complete the Seaman to Admiral
(STA-21) officer candidate program.
Subtitle B--Joint Qualified Officers and Requirements

Sec. 511. Revisions to annual reporting requirement on joint officer
management.
Subtitle C--General Service Authorities

Sec. 521. Medical examination required before separation of members
diagnosed with or asserting post-traumatic
stress disorder or traumatic brain injury.
Sec. 522. Evaluation of test of utility of test preparation guides and
education programs in improving
qualifications of recruits for the Armed
Forces.
Sec. 523. Inclusion of email address on Certificate of Release or
Discharge from Active Duty (DD Form 214).
Sec. 524. Prohibition on recruitment, enlistment, or retention of
persons associated or affiliated with
groups associated with hate-related
violence against groups or persons or the
United States Government.
Sec. 525. Secure electronic delivery of Certificate of Release or
Discharge from Active Duty (DD Form 214).
Subtitle D--Education and Training

Sec. 531. 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. 532. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 533. Appointments to military service academies from nominations
made by Delegate from the Commonwealth of
the Northern Mariana Islands.
Sec. 534. Pilot program to establish and evaluate Language Training
Centers for members of the Armed Forces and
civilian employees of the Department of
Defense.
Sec. 535. Use of Armed Forces Health Professions Scholarship and
Financial Assistance program to increase
number of health professionals with skills
to assist in providing mental health care.
Sec. 536. Establishment of Junior Reserve Officer's Training Corps
units for students in grades above sixth
grade.
Sec. 537. Air Force Academy Athletic Association.
Subtitle E--Defense Dependents' Education

Sec. 551. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 552. Determination of number of weighted student units for local
educational agencies for receipt of basic
support payments under impact aid.
Sec. 553. Permanent authority for enrollment in defense dependents'
education system of dependents of foreign
military members assigned to Supreme
Headquarters Allied Powers, Europe.
Subtitle F--Missing or Deceased Persons

Sec. 561. Additional requirements for accounting for members of the
Armed Forces and Department of Defense
civilian employees listed as missing in
conflicts occurring before enactment of new
system for accounting for missing persons.
Sec. 562. Clarification of guidelines regarding return of remains and
media access at ceremonies for the
dignified transfer of remains at Dover Air
Force Base.
Sec. 563. Report on expansion of authority of a member to designate
persons to direct disposition of the
remains of a deceased member.
Sec. 564. Sense of Congress regarding 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 G--Decorations and Awards

Sec. 571. Award of Vietnam Service Medal to veterans who participated
in Mayaguez rescue operation.
Sec. 572. Authorization and request for award of Medal of Honor to
Anthony T. Koho'ohanohano for acts of valor
during the Korean War.
Sec. 573. Authorization and request for award of distinguished-service
cross to Jack T. Stewart for acts of valor
during the Vietnam War.
Sec. 574. Authorization and request for award of distinguished-service
cross to William T. Miles, Jr., for acts of
valor during the Korean War.
Sec. 575. Retroactive award of Army Combat Action Badge.
Sec. 576. Establishment of Combat Medevac Badge.
Subtitle H--Military Families

Sec. 581. Pilot program to secure internships for military spouses with
Federal agencies.
Sec. 582. Report on progress made in implementing recommendations to
reduce domestic violence in military
families.
Sec. 583. Modification of Servicemembers Civil Relief Act regarding
termination or suspension of service
contracts and effect of violation of
interest rate limitation.
Sec. 584. Protection of child custody arrangements for parents who are
members of the armed forces deployed in
support of a contingency operation.
Sec. 585. Definitions in Family and Medical Leave Act of 1993 related
to active duty, servicemembers, and related
matters.
Sec. 586. Report on impact of domestic violence on military families.
Sec. 587. Overseas Voting Advisory Board.
Sec. 588. Sense of Congress and report on intra-familial abduction of
children of military personnel.
Subtitle I--Other Matters

Sec. 591. Navy grants to Naval Sea Cadet Corps.
Sec. 592. Improved response and investigation of allegations of sexual
assault involving members of the Armed
Forces.
Sec. 593. Modification of matching fund requirements under National
Guard Youth Challenge Program.
Sec. 594. Modification of Servicemembers Civil Relief Act regarding
residential and motor vehicle leases.
Sec. 595. Expansion of Military Leadership Diversity Commission to
include reserve component representatives.
Sec. 596. Expansion of suicide prevention and community healing and
response training under the Yellow Ribbon
Reintegration Program.
Sec. 597. Report on progress in completing Defense Incident-Based
Reporting System.
Sec. 598. Legal assistance for additional reserve component members.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Special monthly compensation allowance for members with
combat-related catastrophic injuries or
illnesses pending their retirement or
separation for physical disability.
Sec. 603. Stabilization of pay and allowances for senior enlisted
members and warrant officers appointed as
officers and officers reappointed in a
lower grade.
Sec. 604. Report on housing standards used to determine basic allowance
for housing.
Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay,
and bonus authorities.
Sec. 615. One-year extension of authorities relating to payment of
other title 37 bonuses and special pay.
Sec. 616. One-year extension of authorities relating to payment of
referral 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 special pays and bonuses authorized for members
agreeing to serve in Afghanistan for the
duration of the United States mission.
Subtitle C--Travel and Transportation Allowances

Sec. 631. Transportation of additional motor vehicle of members on
change of permanent station to or from
nonforeign areas outside the continental
United States.
Sec. 632. Travel and transportation allowances for designated
individuals of wounded, ill, or injured
members for duration of inpatient
treatment.
Sec. 633. Authorized travel and transportation allowances for non-
medical attendants for very seriously and
seriously wounded, ill, or injured members.
Sec. 634. Increased weight allowance for transportation of baggage and
household effects for certain enlisted
members.
Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service
after retirement.
Sec. 642. Election to receive retired pay for non-regular service upon
retirement for service in an active reserve
status performed after attaining
eligibility for regular retirement.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations

Sec. 651. Additional exception to limitation on use of appropriated
funds for Department of Defense golf
courses.
Sec. 652. Limitation on Department of Defense entities offering
personal information services to members
and their dependents.
Sec. 653. Report on impact of purchasing from local distributors all
alcoholic beverages for resale on military
installations on Guam.
Subtitle F--Other Matters

Sec. 661. Limitations on collection of overpayments of pay and
allowances erroneously paid to members.
Sec. 662. Army authority to provide additional recruitment incentives.
Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence
program for certain periods before
implementation of program.
Sec. 664. Sense of Congress regarding support for compensation,
retirement, and other military personnel
programs.
Sec. 665. Comptroller General report on cost to cities and other
municipalities that cover the difference
between an employee's military salary and
municipal salary.
Sec. 666. Postal benefits program for sending free mail to members of
the Armed Forces serving in certain
overseas operations and hospitalized
members.
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. Chiropractic health care for members on active duty.
Sec. 703. Expansion of survivor eligibility under TRICARE dental
program.
Sec. 704. 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. 705. Cooperative health care agreements between military
installations and non-military health care
systems.
Sec. 706. Health care for members of the reserve components.
Sec. 707. National casualty care research center.
Sec. 708. Notification of members of the Armed Forces of exposure to
potentially harmful materials and
contaminants.
Sec. 709. Post-deployment mental health screening demonstration
project.
Sec. 710. Report on Joint Virtual Lifetime Electronic Record.
Sec. 710A. Suicide among members of the Individual Ready Reserve.
Sec. 710B. Treatment of autism under TRICARE.
Subtitle B--Reports

Sec. 711. Report on post-traumatic stress disorder efforts.
Sec. 712. Report on the feasibility of TRICARE Prime in certain
commonwealths and territories of the United
States.
Sec. 713. Report on the health care needs of military family members.
Sec. 714. Report on stipends for members of reserve components for
health care for certain dependents.
Sec. 715. Report on the required number of military mental health
providers.
Sec. 716. Report on rural access to health care.
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. Demonstration authority for alternative acquisition process
for defense information technology
programs.
Sec. 805. Limitation on performance of product support integrator
functions.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations

Sec. 811. Revision of Defense Supplement relating to payment of costs
prior to definitization.
Sec. 812. Revisions to definitions relating to contracts in Iraq and
Afghanistan.
Sec. 813. Amendment to notification requirements for awards of single
source task or delivery orders.
Sec. 814. Clarification of uniform suspension and debarment
requirement.
Sec. 815. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 816. Revision to definitions of major defense acquisition program
and major automated information system.
Sec. 817. Small Arms Production Industrial Base.
Sec. 818. Publication of justification for bundling of contracts of the
Department of Defense.
Sec. 819. Contract authority for advanced component development or
prototype units.
Subtitle C--Other Matters

Sec. 821. Enhanced expedited hiring authority for defense acquisition
workforce positions.
Sec. 822. Acquisition Workforce Development Fund amendments.
Sec. 823. Reports to Congress on full deployment decisions for major
automated information system programs.
Sec. 824. Requirement for Secretary of Defense to deny award and
incentive fees to companies found to
jeopardize health or safety of Government
personnel.
Sec. 825. Authorization for actions to correct the industrial resource
shortfall for high-purity beryllium metal
in amounts not in excess of $85,000,000.
Sec. 826. Review of post employment restrictions applicable to the
Department of Defense.
Sec. 827. Requirement to buy military decorations, ribbons, badges,
medals, insignia, and other uniform
accouterments produced in the United
States.
Sec. 828. Findings and report on the usage of rare earth materials in
the defense supply chain.
Sec. 829. Furniture standards.
Sec. 830. Follow-on contracts for certain items acquired for special
operations forces.
Sec. 831. Defense subcontractor proliferation cost effectiveness study
and reports.
Sec. 832. Comptroller General report on defense contract cost overruns.
Sec. 833. Procurement professionalism advisory panel.
Sec. 834. Access by Congress to database of information regarding the
integrity and performance of certain
persons awarded Federal contracts and
grants.
Sec. 835. Additional reporting requirements for inventory relating to
contracts for services.
Sec. 836. Requirement to justify the use of factors other than cost or
price as the predominate factors in
evaluating competitive proposals for
defense procurement contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Role of commander of special operations command regarding
personnel management policy and plans
affecting special operations forces.
Sec. 902. Special operations activities.
Sec. 903. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Sec. 904. Authority to allow private sector civilians to receive
instruction at Defense Cyber Investigations
Training Academy of the Defense Cyber Crime
Center.
Sec. 905. Organizational structure of the Office of the Assistant
Secretary of Defense for Health Affairs and
the TRICARE Management Activity.
Sec. 906. Requirement for Director of Operational Energy Plans and
Programs to report directly to Secretary of
Defense.
Sec. 907. Increased flexibility for Combatant Commander Initiative
Fund.
Sec. 908. 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. 909. Recommendations to Congress by members of Joint Chiefs of
Staff.
Subtitle B--Space Activities

Sec. 911. Submission and review of space science and technology
strategy.
Sec. 912. Converting the space surveillance network pilot program to a
permanent program.
Subtitle C--Intelligence-Related Matters

Sec. 921. Plan to address foreign ballistic missile intelligence
analysis.
Subtitle D--Other Matters

Sec. 931. Joint Program Office for Cyber Operations Capabilities.
Sec. 932. Defense Integrated Military Human Resources System Transition
Council.
Sec. 933. Department of Defense School of Nursing revisions.
Sec. 934. Report on special operations command organization, manning,
and management.
Sec. 935. Study on the recruitment, retention, and career progression
of uniformed and civilian military cyber
operations personnel.
Sec. 936. Recognition of and support for State defense forces.
TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Incorporation of funding decisions into law.
Sec. 1003. Adjustment of certain authorizations of appropriations.
Subtitle B--Counter-Drug and Counter-Terrorism Activities

Sec. 1011. One-year extension of Department of Defense counter-drug
authorities and requirements.
Sec. 1012. Joint task forces support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1013. Border coordination centers in Afghanistan and Pakistan.
Sec. 1014. Comptroller General report on effectiveness of
accountability measures for assistance from
counter-narcotics central transfer account.
Subtitle C--Miscellaneous Authorities and Limitations

Sec. 1021. Operational procedures for experimental military prototypes.
Sec. 1022. Temporary reduction in minimum number of operational
aircraft carriers.
Sec. 1023. Limitation on use of funds for the transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1024. Charter for the National Reconnaissance Office.
Subtitle D--Studies and Reports

Sec. 1031. Report on statutory compliance of the report on the 2009
quadrennial defense review.
Sec. 1032. Report on the force structure findings of the 2009
quadrennial defense review.
Sec. 1033. Sense of Congress and amendment relating to quadrennial
defense review.
Sec. 1034. Strategic review of basing plans for United States European
Command.
Sec. 1035. National Defense Panel.
Sec. 1036. Report required on notification of detainees of rights under
Miranda v. Arizona.
Sec. 1037. Annual report on the electronic warfare strategy of the
Department of Defense.
Sec. 1038. Studies to analyze alternative models for acquisition and
funding of technologies supporting network-
centric operations.
Sec. 1039. Report on competitive procedures used for earmarks in
Department of Defense Appropriations Act,
2008.
Sec. 1040. Study on national security professional career development
and support.
Subtitle E--Other Matters

Sec. 1041. Prohibition relating to propaganda.
Sec. 1042. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1043. Technical and clerical amendments.
Sec. 1044. Repeal of pilot program on commercial fee-for-service air
refueling support for the Air Force.
Sec. 1045. Extension of sunset for congressional commission on the
strategic posture of the United States.
Sec. 1046. Authorization of appropriations for payments to Portuguese
nationals employed by the Department of
Defense.
Sec. 1047. Combat air forces restructuring.
Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher.
Sec. 1049. Sense of Congress concerning the disposition of Submarine
NR-1.
Sec. 1050. Compliance with requirement for plan on the disposition of
detainees at Naval Station, Guantanamo Bay,
Cuba.
Sec. 1051. Sense of Congress regarding carrier air wing force
structure.
Sec. 1052. Sense of Congress on Department of Defense financial
improvement and audit readiness; plan.
Sec. 1053. Justice for victims of torture and terrorism.
Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for
the Review of Counterproliferation Programs
of the United States.
Sec. 1055. Notification and access of International Committee of the
Red Cross with respect to detainees at
Theater Internment Facility at Bagram Air
Base, Afghanistan.
Sec. 1056. Sense of Congress honoring the Honorable John M. McHugh.
Sec. 1057. Public disclosure of names of students and instructors at
Western Hemisphere Institute for Security
Cooperation.
Sec. 1058. 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.
TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority to employ individuals completing the National
Security Education Program.
Sec. 1102. Authority for employment by Department of Defense of
individuals who have successfully completed
the requirements of the science,
mathematics, and research for
transformation (SMART) defense scholarship
program.
Sec. 1103. Authority for the employment of individuals who have
successfully completed the Department of
Defense information assurance scholarship
program.
Sec. 1104. Additional personnel authorities for the Special Inspector
General for Afghanistan Reconstruction.
Sec. 1105. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1106. Extension of certain benefits to Federal civilian employees
on official duty in Pakistan.
Sec. 1107. Authority to expand scope of provisions relating to
unreduced compensation for certain
reemployed annuitants.
Sec. 1108. Requirement for Department of Defense strategic workforce
plans.
Sec. 1109. Adjustments to limitations on personnel and requirement for
annual manpower reporting.
Sec. 1110. Modification to Department of Defense laboratory personnel
authority.
Sec. 1111. Pilot program for the temporary exchange of information
technology personnel.
Sec. 1112. Provisions relating to the National Security Personnel
System.
Sec. 1113. Provisions relating to the Defense Civilian Intelligence
Personnel System.
Sec. 1114. Sense of Congress on pay parity for Federal employees
service at Joint Base McGuire/Dix/
Lakehurst.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Modification and extension of authority for security and
stabilization assistance.
Sec. 1202. Increase of authority for support of special operations to
combat 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.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. Reauthorization of Commanders' Emergency Response Program.
Sec. 1213. Reimbursement of certain Coalition nations for support
provided to United States military
operations.
Sec. 1214. Pakistan Counterinsurgency Fund.
Sec. 1215. Program to provide for the registration and end-use
monitoring of defense articles and defense
services transferred to Afghanistan and
Pakistan.
Sec. 1216. Reports on campaign plans for Iraq and Afghanistan.
Sec. 1217. Required assessments of United States efforts in
Afghanistan.
Sec. 1218. Report on responsible redeployment of United States Armed
Forces from Iraq.
Sec. 1219. Report on Afghan Public Protection Program.
Sec. 1220. Updates of report on command and control structure for
military forces operating in Afghanistan.
Sec. 1221. Report on payments made by United States Armed Forces to
residents of Afghanistan as compensation
for losses caused by United States military
operations.
Sec. 1222. Assessment and report on United States-Pakistan military
relations and cooperation.
Sec. 1223. Required assessments of progress toward security and
stability in Pakistan.
Sec. 1224. Repeal of GAO war-related reporting requirement.
Sec. 1225. Plan to govern the disposition of specified defense items in
Iraq.
Sec. 1226. Civilian ministry of defense advisor program.
Sec. 1227. Report on the status of interagency coordination in the
Afghanistan and Operation Enduring Freedom
theater of operations.
Sec. 1228. Sense of Congress supporting United States policy for
Afghanistan.
Sec. 1229. Analysis of required force levels and types of forces needed
to secure southern and eastern regions of
Afghanistan.
Sec. 1230. Modification of report on progress toward security and
stability in Afghanistan.
Sec. 1230A. No permanent military bases in Afghanistan.
Subtitle C--Other Matters

Sec. 1231. NATO Special Operations Coordination Center.
Sec. 1232. Annual report on military power of the Islamic Republic of
Iran.
Sec. 1233. Annual report on military and security developments
involving the People's Republic of China.
Sec. 1234. Report on impacts of drawdown authorities on the Department
of Defense.
Sec. 1235. Risk assessment of United States space export control
policy.
Sec. 1236. Patriot air and missile defense battery in Poland.
Sec. 1237. Report on potential foreign military sales of the F-22A
fighter aircraft to Japan.
Sec. 1238. Expansion of United States-Russian Federation joint center
to include exchange of data on missile
defense.
Sec. 1239. Limitation on funds to implement reductions in the strategic
nuclear forces of the United States
pursuant to any treaty or other agreement
with the Russian Federation.
Sec. 1240. Map of mineral-rich zones and areas under the control of
armed groups in Democratic Republic of the
Congo.
Sec. 1241. Sense of Congress relating to the State of Israel.
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. National Academy of Sciences study of 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. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
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. Limitation on obligation of funds for Joint Improvised
Explosive Device Defeat Organization
pending report to Congress.
Sec. 1505. Navy and Marine Corps procurement.
Sec. 1506. Air Force procurement.
Sec. 1507. Defense-wide activities procurement.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Working capital funds.
Sec. 1512. Military personnel.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Iraq Freedom Fund.
Sec. 1515. Other Department of Defense programs.
Sec. 1516. Limitations on Iraq Security Forces Fund.
Sec. 1517. Continuation of prohibition on use of United States funds
for certain facilities projects in Iraq.
Sec. 1518. Special transfer authority.
Sec. 1519. Treatment as additional authorizations.
TITLE XVI--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

Sec. 1601. Short title.
Sec. 1602. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 1603. Payments for Guam World War II claims.
Sec. 1604. Adjudication.
Sec. 1605. Grants program to memorialize the occupation of Guam during
World War II.
Sec. 1606. Authorization of appropriations.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
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. Extension of authorizations of certain fiscal year 2007
projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2006
projects.
TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorization of appropriations, Defense Agencies.
Sec. 2403. Modification of authority to carry out certain fiscal year
2008 project.
Sec. 2404. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2405. 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--Amendments to Base Closure and Related Laws

Sec. 2711. Use of economic development conveyances to implement base
closure and realignment property
recommendations.
Subtitle C--Other Matters

Sec. 2721. Sense of Congress on ensuring joint basing recommendations
do not adversely affect operational
readiness.
Sec. 2722. Modification of closure instructions regarding Paul Doble
Army Reserve Center, Portsmouth, New
Hampshire.
Sec. 2723. Sense of Congress regarding traffic mitigation in vicinity
of National Naval Medical Center, Bethesda,
Maryland, in response to installation
expansion.
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. Authorized scope of work variations for military
construction projects and military family
housing projects.
Sec. 2804. Imposition of requirement that acquisition of reserve
component facilities be authorized by law.
Sec. 2805. Report on Department of Defense contributions to States for
acquisition, construction, expansion,
rehabilitation, or conversion of reserve
component facilities.
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.
Subtitle B--Real Property and Facilities Administration

Sec. 2811. Imposition of requirement that leases of real property to
the United States with annual rental costs
of more than $750,000 be authorized by law.
Sec. 2812. Consolidation of notice-and-wait requirements applicable to
leases of real property owned by the United
States.
Sec. 2813. Clarification of authority of military departments to
acquire low-cost interests in land and
interests in land when need is urgent.
Sec. 2814. Modification of utility systems conveyance authority.
Sec. 2815. Decontamination and use of former bombardment area on island
of Culebra.
Sec. 2816. Disposal of excess property of Armed Forces Retirement Home.
Sec. 2817. Acceptance of contributions to support cleanup efforts at
former Almaden Air Force Station,
California.
Sec. 2818. Limitation on establishment of Navy outlying landing fields.
Sec. 2819. Prohibition on outlying landing field at Sandbanks or Hale's
Lake, North Carolina, for Oceana Naval Air
Station.
Sec. 2820. Selection of military installations to serve as locations of
brigade combat teams.
Sec. 2821. Authority to provide financial assistance to local
communities for development of public
infrastructure directly supporting
expansion of military installations.
Sec. 2822. Comptroller General report on Navy security measures for
Laurelwood Housing complex, Naval Weapons
Station, Earle, New Jersey.
Subtitle C--Provisions Related to Guam Realignment

Sec. 2831. Role of Under Secretary of Defense for Policy in management
and coordination of Department 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 Inspector Generals 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 training
requirements in Asia-Pacific region.
Subtitle D--Energy Security

Sec. 2841. Adoption of unified energy monitoring and management system
specification for military construction and
military family housing activities.
Sec. 2842. Department of Defense use of electric and hybrid motor
vehicles.
Sec. 2843. Department of Defense goal regarding use of renewable energy
sources to meet facility energy needs.
Sec. 2844. Comptroller General report on Department of Defense
renewable energy initiatives.
Sec. 2845. Study on development of nuclear power plants on military
installations.
Sec. 2846. Department of Defense participation in programs for
management of energy demand or reduction of
energy usage during peak periods.
Subtitle E--Land Conveyances

Sec. 2851. Transfer of administrative jurisdiction, Port Chicago Naval
Magazine, California.
Sec. 2852. Land conveyances, Naval Air Station, Barbers Point, Hawaii.
Sec. 2853. Modification of land conveyance, former Griffiss Air Force
Base, New York.
Sec. 2854. Land conveyance, Army Reserve Center, Chambersburg,
Pennsylvania.
Sec. 2855. Land conveyance, Naval Air Station Oceana, Virginia.
Sec. 2856. Land conveyance, Haines Tank Farm, Haines, Alaska.
Sec. 2857. Completion of land exchange and consolidation, Fort Lewis,
Washington.
Sec. 2858. Land conveyance, Ferndale housing at Centerville Beach Naval
Facility to City of Ferndale, California.
Subtitle F--Other Matters

Sec. 2871. Revised authority to establish national monument to honor
United States Armed Forces working dog
teams.
Sec. 2872. Naming of child development center at Fort Leonard Wood,
Missouri, in honor of Mr. S. Lee Kling.
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.
Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Stockpile stewardship program.
Sec. 3112. Stockpile management program.
Sec. 3113. Plan for execution of stockpile stewardship and stockpile
management programs.
Sec. 3114. Dual validation of annual weapons assessment and
certification.
Sec. 3115. Annual long-term plan for the modernization and
refurbishment of the nuclear security
complex.
Subtitle C--Reports

Sec. 3121. Comptroller General review of management and operations
contract costs for national security
laboratories.
Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate
foreign nuclear weapons activities.
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. Liquidation of unused leave balance at the United States
Merchant Marine Academy.
Sec. 3503. Adjunct professors.
Sec. 3504. Maritime loan guarantee program.
Sec. 3505. Defense measures against unauthorized seizures of Maritime
Security Fleet vessels.
Sec. 3506. Defense of vessels and cargos against piracy.
Sec. 3507. Technical corrections to State maritime academies student
incentive program.
Sec. 3508. Limitation on disposal of interest in certain vessels.
DIVISION D--DISABLED MILITARY RETIREE RELIEF ACT OF 2009

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMPENSATION AND BENEFITS FOR MEMBERS OF THE ARMED FORCES AND
MILITARY RETIREES

Subtitle A--Bonuses and Special and Incentive Pays

Sec. 101. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 102. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 103. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 104. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay,
and bonus authorities.
Sec. 105. One-year extension of authorities relating to payment of
other title 37 bonuses and special pay.
Sec. 106. One-year extension of authorities relating to payment of
referral bonuses.
Sec. 107. Technical corrections and conforming amendments to reconcile
conflicting amendments regarding continued
payment of bonuses and similar benefits for
certain members.
Subtitle B--Retired Pay Benefits

Sec. 111. Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service
after retirement.
Sec. 112. Election to receive retired pay for non-regular service upon
retirement for service in an active reserve
status performed after attaining
eligibility for regular retirement.
Subtitle C--Concurrent Receipt of Military Retired Pay and Veterans'
Disability Compensation

Sec. 121. One-year expansion of eligibility for concurrent receipt of
military retired pay and veterans'
disability compensation to include all
chapter 61 disability retirees regardless
of disability rating percentage or years of
service.
TITLE II--FEDERAL EMPLOYEE BENEFITS

Subtitle A--General Provisions

Sec. 201. Credit for unused sick leave.
Sec. 202. Limited expansion of the class of individuals eligible to
receive an actuarially reduced annuity
under the civil service retirement system.
Sec. 203. Computation of certain annuities based on part-time service.
Sec. 204. Authority to deposit refunds under FERS.
Sec. 205. 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. 211. Short title.
Sec. 212. Extension of Locality Pay.
Sec. 213. Adjustment of special rates.
Sec. 214. Transition schedule for locality-based comparability
payments.
Sec. 215. Savings provision.
Sec. 216. Application to other eligible employees.
Sec. 217. Election of additional basic pay for annuity computation by
employees.
Sec. 218. Regulations.
Sec. 219. Effective dates.
TITLE III--DEEPWATER OIL AND GAS RESEARCH AND DEVELOPMENT FUNDING
SOURCE REPEAL

Sec. 301. Repeal.

SEC. 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.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement for the Army as follows:
(1) For aircraft, $4,828,632,000.
(2) For missiles, $1,320,109,000.
(3) For weapons and tracked combat vehicles,
$2,500,952,000.
(4) For ammunition, $2,070,095,000.
(5) For other procurement, $9,762,539,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2010 for procurement for the Navy as follows:
(1) For aircraft, $18,102,112,000.
(2) For weapons, including missiles and torpedoes,
$3,453,455,000.
(3) For shipbuilding and conversion, $13,786,867,000.
(4) For other procurement, $5,689,176,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2010 for procurement for the Marine Corps in the amount
of $1,712,138,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2010 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $840,675,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement for the Air Force as follows:
(1) For aircraft, $11,991,991,000.
(2) For ammunition, $822,462,000.
(3) For missiles, $6,211,628,000.
(4) For other procurement, $17,299,841,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year 2010
for Defense-wide procurement in the amount of $4,150,562,000.

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $600,000,000.

SEC. 106. RAPID ACQUISITION FUND.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the Rapid Acquisition Fund in the amount of $55,000,000.

Subtitle B--Army Programs

SEC. 111. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL RADIO
SYSTEMS.

(a) Limitation on Obligation of Funds.--Except as provided in
subsection (b), none of the funds authorized to be appropriated by this
Act for fiscal year 2010 for procurement, Army, may be obligated or
expended for tactical radio systems.
(b) Exceptions.--The limitation on obligation of funds in
subsection (a) does not apply to the following:
(1) A tactical radio system that is approved by the joint
program executive officer of the joint tactical radio system if
the Secretary of Defense notifies the congressional defense
committees in writing of such approval.
(2) A tactical radio system procured specifically to meet--
(A) an operational need (as described in Army
Regulation 71-9 or a successor regulation); or
(B) a joint urgent operational need (as described
in Chairman of the Joint Chiefs of Staff Instruction
3470.01 or a successor instruction).
(3) A tactical radio system for an unmanned ground vehicle
system.
(4) Commercially available tactical radios with joint
tactical radio system capabilities.

SEC. 112. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT EARLY-INFANTRY
BRIGADE COMBAT TEAM EQUIPMENT.

(a) Limitation on Low-rate Initial Production Quantities.--
Notwithstanding section 2400 of title 10, United States Code, with
respect to covered Future Combat Systems equipment, the Secretary of
Defense may procure for low-rate initial production only such equipment
that is necessary for one brigade.
(b) Limitation on Obligation of Funds.--Of the amounts authorized
to be appropriated by this Act or otherwise made available for fiscal
years 2010 or 2011 for the procurement of covered Future Combat Systems
equipment, the Secretary of Defense may obligate or expend funds only
for the procurement of such equipment that is necessary for one
brigade.
(c) Exception for Meeting Operational Need Statement
Requirements.--The limitation on low-rate initial production in
subsection (a) and the limitation on obligation of funds in subsection
(b) do not apply if the procurement of covered Future Combat Systems
equipment is specifically intended to address an operational need
statement requirement.
(d) Covered Future Combat Systems Equipment Defined.--For the
purposes of this section, the term ``covered Future Combat Systems
equipment'' means the following:
(1) Future Combat Systems non-line of sight launcher
systems.
(2) Future Combat Systems unattended ground sensors.
(3) Future Combat Systems class I unmanned aerial systems.
(4) Future Combat Systems small unmanned ground vehicles.
(5) Future Combat Systems integrated control system
computers.
(6) Any vehicular kits needed to integrate and operate a
system listed in paragraph (1), (2), (3), (4), or (5).

Subtitle C--Navy Programs

SEC. 121. LITTORAL COMBAT SHIP PROGRAM.

(a) Limitation of Costs.--Except as provided in subsection (b) or
(c), of the amounts authorized to be appropriated in this Act or
otherwise made available for fiscal year 2010 or any fiscal year
thereafter for the procurement of Littoral Combat Ship vessels, not
more than $460,000,000 may be obligated or expended for each vessel
procured (not including amounts obligated or expended for elements
designated by the Secretary of the Navy as a mission package).
(b) Specific Requirement for Fiscal Year 2010.--Of the amounts
authorized to be appropriated in this Act or otherwise made available
for fiscal year 2010 or any fiscal year thereafter for shipbuilding
conversion, Navy, the Secretary of the Navy may obligate not more than
$80,000,000 to produce a technical data package for each type of
Littoral Combat Ship vessel, if the Secretary--
(1) is unable to--
(A) submit to the congressional defense committees
a certification under subsection (g) during fiscal year
2010; and
(B) enter into a contract for the construction of a
Littoral Combat Ship vessel in fiscal year 2010 because
of the limitation of costs in section 124 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3157), as amended; or
(2) is unable to enter into a contract for the construction
of a Littoral Combat Ship vessel in fiscal year 2010 because of
the limitation of costs in subsection (a) after submitting to
the congressional defense committees a certification under
subsection (g).
(c) Adjustment of Limitation Amount.--With respect to the
procurement of a Littoral Combat Ship vessel referred to in subsection
(a), the Secretary may adjust the amount set forth in such subsection
by the following:
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2009.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2009.
(3) The amounts of outfitting costs and post-delivery costs
incurred for the vessel.
(4) The amounts of increases or decreases in costs
attributable to the insertion of new technology into the
vessel, as compared to the technology used in the first and
second Littoral Combat Ship vessels procured by the Secretary,
if the Secretary determines, and certifies to the congressional
defense committees, that insertion of the new technology--
(A) would lower the life-cycle cost of the vessel;
or
(B) is required to meet an emerging threat and the
Secretary of Defense certifies to those committees that
such threat poses grave harm to national security.
(d) Annual Reports.--At the same time that the budget is submitted
under section 1105(a) of title 31, United States Code, for each fiscal
year, the Secretary shall submit to the congressional defense
committees a report on Littoral Combat Ship vessels. Such report shall
include the following:
(1) Written notice of any change in the amount set forth in
subsection (a) that is made under subsection (c).
(2) Information, current as of the date of the report,
regarding--
(A) the content of any element of the vessels that
is designated as a mission package;
(B) the estimated cost of any such element; and
(C) the total number of such elements anticipated.
(3) Actual and estimated costs associated with--
(A) the material and equipment for basic
construction of each vessel; and
(B) the material and equipment for propulsion,
weapons, and communications systems of each vessel.
(4) Actual and estimated man-hours of labor and labor rates
associated with each vessel being procured (listed separately
from any other man-hours and labor rates data).
(5) Actual and estimated fees paid to contractors for
meeting contractually obligated cost and schedule performance
milestones.
(e) Definitions.--In this section:
(1) The term ``mission package'' means the interchangeable
combat systems that deploy with a Littoral Combat Ship vessel.
(2) The term ``technical data package'' means a compilation
of detailed engineering plans for construction of a Littoral
Combat Ship vessel.
(f) Conforming Repeal.--Section 124 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163) is
repealed.
(g) Effective Date.--
(1) Limitation on costs.--Subsections (a) and (c) shall
take effect on the date that is 15 days after the date on which
the Secretary of the Navy certifies in writing to the
congressional defense committees the following:
(A) The Secretary has accepted delivery of the USS
Freedom (LCS 1) and the USS Independence (LCS 2)
following successful completion of acceptance trials.
(B) The repeal of section 124 of the National
Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3157) made by subsection (f) is
necessary for the Secretary to--
(i) award a contract for a Littoral Combat
Ship vessel in fiscal year 2010; and
(ii) maintain sufficient government
oversight of the Littoral Combat Ship vessel
program.
(C) The Secretary has conducted a thorough analysis
of the requirements for the performance, system, and
design of both Littoral Combat Ship variants and
determined that further changes to such requirements
will not reduce--
(i) the cost of either such variant; and
(ii) the warfighting utility of such
vessel.
(D) A construction contract for a Littoral Combat
Ship vessel in fiscal year 2010 will be awarded only to
a contractor that--
(i) with respect to a contract for the
Littoral Combat Ship vessel awarded in fiscal
year 2009--
(I) is maintaining excellent cost
and schedule performance; and
(II) the Secretary determines that
the affordability and efficiency of the
construction of such a vessel are
improving at a satisfactory rate; and
(ii) based on the data available from the
developmental and operational assessment
testing of such contractor's vessel and
associated mission packages, the Secretary, in
consultation with the Chief of Naval
Operations, has determined that it is in the
best interest of the Navy to procure such
additional Littoral Combat Ship vessels prior
to the completion of operational test and
evaluation.
(E) With respect to funds that are available for
shipbuilding and conversion, Navy, for fiscal year 2010
for the procurement of Littoral Combat Ship vessels--
(i) such funds are sufficient to award
contracts for three additional Littoral Combat
Ship vessels; or
(ii) if such funds are insufficient to
award contracts for three additional Littoral
Combat Ship vessels, the Secretary has the
ability to promote competition for the Littoral
Combat Ship vessels that are procured in order
to ensure the best value to the Government.
(2) Repeal.--The repeal of section 124 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3157) made by subsection (f) shall take effect
on the date that is 15 days after the date on which the
certification under paragraph (1) is received by the
congressional defense committees.

SEC. 122. FORD-CLASS AIRCRAFT CARRIER REPORT AND LIMITATION ON USE OF
FUNDS.

(a) Report Required.--Not later than February 1, 2010, the
Secretary of the Navy shall submit to the congressional defense
committees a report on the effects of using a five-year interval for
the construction of Ford-class aircraft carriers. The report shall
include, at a minimum, an assessment of the effects of such interval on
the following:
(1) With respect to the supplier base--
(A) the viability of the base, including suppliers
exiting the market or other potential reductions in
competition; and
(B) cost increases to the Ford-class aircraft
carrier program.
(2) Training of individuals in trades related to ship
construction.
(3) Loss of expertise associated with ship construction.
(4) The costs of--
(A) any additional technical support or production
planning associated with the start of construction;
(B) material and labor;
(C) overhead; and
(D) other ship construction programs, including the
costs of existing and future contracts.
(b) Limitation on Use of Funds.--With respect to the aircraft
carrier designated CVN-79, none of the amounts authorized to be
appropriated for fiscal year 2010 for research, development, test, and
evaluation or advance procurement for such aircraft carrier may be
obligated or expended for activities that would limit the ability of
the Secretary of the Navy to award a construction contract for--
(1) such aircraft carrier in fiscal year 2012; or
(2) the aircraft carrier designated CVN-80 in fiscal year
2016.

SEC. 123. ADVANCE PROCUREMENT FUNDING.

(a) Advance Procurement.--With respect to a naval vessel for which
amounts are authorized to be appropriated or otherwise made available
for fiscal year 2010 or any fiscal year thereafter for advance
procurement in shipbuilding and conversion, Navy, the Secretary of the
Navy may enter into a contract, in advance of a contract for
construction of any vessel, for any of the following:
(1) Components, parts, or materiel.
(2) Production planning and other related support services
that reduce the overall procurement lead time of such vessel.
(b) Aircraft Carrier Designated CVN-79.--With respect to components
of the aircraft carrier designated CVN-79 for which amounts are
authorized to be appropriated or otherwise made available for fiscal
year 2010 or any fiscal year thereafter for advance procurement in
shipbuilding and conversion, Navy, the Secretary of the Navy may enter
into a contract for the advance construction of such components if the
Secretary determines that cost savings, construction efficiencies, or
workforce stability may be achieved for such aircraft carrier through
the use of such contracts.
(c) Condition of Out-year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under such contract for any fiscal year
after fiscal year 2010 is subject to the availability of appropriations
for that purpose for such fiscal year.

SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E, F/A-18F, AND EA-
18G AIRCRAFT.

(a) Authority for Multiyear Procurement.--Notwithstanding
paragraphs (1) and (7) of section 2306b(i) of title 10, United States
Code, the Secretary of the Navy may enter into a multiyear contract,
beginning with the fiscal year 2010 program year, for the procurement
of F/A-18E, F/A-18F, or EA-18G aircraft and Government-furnished
equipment associated with such aircraft.
(b) Report of Findings.--Not less than 30 days before the date on
which a contract is awarded under subsection (a), the Secretary of the
Navy shall submit to the congressional defense committees a report
containing the findings required under subsection (a) of section 2306b
of title 10, United States Code.

SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR DDG-51 BURKE-CLASS
DESTROYERS.

(a) Authority for Multiyear Procurement.--Notwithstanding
paragraphs (1) and (7) of section 2306b(i) of title 10, United States
Code, the Secretary of the Navy may enter into a multiyear contract,
beginning with the fiscal year 2010 program year, for the procurement
of DDG-51 Burke-class destroyers and Government-furnished equipment
associated with such destroyers.
(b) Report of Findings.--Not less than 30 days before the date on
which a contract is awarded under subsection (a), the Secretary of the
Navy shall submit to the congressional defense committees a report
containing the findings required under subsection (a) of section 2306b
of title 10, United States Code.

SEC. 126. CONVERSION OF CERTAIN VESSELS; LEASING RATES.

(a) Use of Funds for Conversion.--Of the funds authorized to be
appropriated or otherwise made available for fiscal year 2010 for
weapons procurement, Navy, for Mk-46 torpedo modifications, the
Secretary of the Navy may obligate not more than $35,000,000 for lease
and conversion of any covered vessel that, as a result of default on a
loan guaranteed for the vessels under chapter 537 of title 46, United
States Code, has become the property of the United States, such that
the Maritime Administrator has rights to dispose of the financial
interest of the United States in the covered vessels.
(b) Determination of Leasing Rates.--The Maritime Administrator
shall coordinate with the Secretary of the Navy to determine leasing
rates that meet the obligation of the United States with respect to any
loan guarantee for the vessels.
(c) Modification to a Covered Vessel.--The Secretary of the Navy
may make necessary modifications to a covered vessel for military
utility as the Secretary considers appropriate.
(d) Covered Vessel Defined.--In this section the term ``covered
vessel'' means each of--
(1) the vessel Huakai (United States official number
1215902); and
(2) the vessel Alakai (United States official number
1182234).

Subtitle D--Air Force Programs

SEC. 131. REPEAL OF CERTIFICATION REQUIREMENT FOR F-22A FIGHTER
AIRCRAFT.

Section 134 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4378) is repealed.

SEC. 132. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 FIGHTER
AIRCRAFT.

(a) Plan.--The Secretary of the Air Force shall develop a plan for
the preservation and storage of unique tooling related to the
production of hardware and end items for F-22 fighter aircraft. The
plan shall--
(1) ensure that the Secretary preserves and stores such
tooling in a manner that allows the production of such hardware
and end items to be restarted after a period of idleness;
(2) with respect to the supplier base of such hardware and
end items, identify the costs of restarting production; and
(3) identify any contract modifications, additional
facilities, or funding that the Secretary determines necessary
to carry out the plan.
(b) Restriction on the Use of Funds.--None of the amounts
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2010 for aircraft procurement, Air Force, for F-22
fighter aircraft may be obligated or expended for activities related to
disposing of F-22 production tooling until a period of 45 days has
elapsed after the date on which the Secretary submits to Congress a
report describing the plan required by subsection (a).

SEC. 133. REPORT ON 4.5 GENERATION FIGHTER PROCUREMENT.

(a) In General.--Not later than 90 days after the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on 4.5 generation fighter aircraft procurement. The
report shall include the following:
(1) The number of 4.5 generation fighter aircraft for
procurement for fiscal years 2011 through 2025 necessary to
fulfill the requirement of the Air Force to maintain not less
than 2,200 tactical fighter aircraft.
(2) The estimated procurement costs for those aircraft if
procured through single year procurement contracts.
(3) The estimated procurement costs for those aircraft if
procured through multiyear procurement contracts.
(4) The estimated savings that could be derived from the
procurement of those aircraft through a multiyear procurement
contract, and whether the Secretary determines the amount of
those savings to be substantial.
(5) A discussion comparing the costs and benefits of
obtaining those aircraft through annual procurement contracts
with the costs and benefits of obtaining those aircraft through
a multiyear procurement contract.
(6) A discussion regarding the availability and feasibility
of F-35s in fiscal years 2015 through fiscal year 2025 to
proportionally and concurrently recapitalize the Air National
Guard.
(7) The recommendations of the Secretary regarding whether
Congress should authorize a multiyear procurement contract for
4.5 generation fighter aircraft.
(b) Certifications.--If the Secretary recommends under subsection
(a)(7) that Congress authorize a multiyear procurement contract for 4.5
generation fighter aircraft, the Secretary shall submit to Congress the
certifications required by section 2306b of title 10, United States
Code, at the same time that the budget is submitted under section
1105(a) of title 31, United States Code, for fiscal year 2011.
(c) 4.5 Generation Fighter Aircraft Defined.--In this section, the
term ``4.5 generation fighter aircraft'' means current fighter
aircraft, including the F-15, F-16, and F-18, that--
(1) have advanced capabilities, including--
(A) AESA radar;
(B) high capacity data-link; and
(C) enhanced avionics; and
(2) have the ability to deploy current and reasonably
foreseeable advanced armaments.

SEC. 134. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT.

At least 120 days before the date on which a C-5 aircraft is
retired, the Secretary of the Air Force, in coordination with the
Director of the Air National Guard, shall submit to the congressional
defense committees a report on the proposed force structure and basing
of strategic airlift aircraft (as defined in section 8062(g)(2) of
title 10, United States Code). Each report shall include the following:
(1) A list of each aircraft in the inventory of strategic
airlift aircraft, including for each such aircraft--
(A) the type;
(B) the variant; and
(C) the military installation where such aircraft
is based.
(2) A list of each strategic airlift aircraft proposed for
retirement, including for each such aircraft--
(A) the type;
(B) the variant; and
(C) the military installation where such aircraft
is based.
(3) A list of each unit affected by a proposed retirement
listed under paragraph (2) and how such unit is affected.
(4) For each military installation listed under paragraph
(2)(C), any changes to the mission of the installation as a
result of a proposed retirement.
(5) Any anticipated reductions in manpower as a result of a
proposed retirement listed under paragraph (2).
(6) Any anticipated increases in manpower or military
construction at a military installation as a result of an
increase in force structure related to a proposed retirement
listed under paragraph (2).

SEC. 135. STRATEGIC AIRLIFT FORCE STRUCTURE.

Subsection (g)(1) of section 8062 of title 10, United States Code,
is amended--
(1) by striking ``2008'' and inserting ``2009''; and
(2) by striking ``299'' and inserting ``316''.

SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN RETIRED C-130E
AIRCRAFT.

Section 134 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 31) is amended--
(1) by striking subsection (c);
(2) by redesignating subsection (d) as subsection (c); and
(3) in subsection (b), by striking ``subsection (d)'' and
inserting ``subsection (c)''.

Subtitle E--Joint and Multiservice Matters

SEC. 141. BODY ARMOR PROCUREMENT.

(a) Procurement.--The Secretary of Defense shall ensure that body
armor is procured using funds authorized to be appropriated by this
title.
(b) Procurement Line Item.--In the budget materials submitted to
the President by the Secretary of Defense in connection with the
submission to Congress, pursuant to section 1105 of title 31, United
States Code, of the budget for fiscal year 2011, and each subsequent
fiscal year, the Secretary shall ensure that within each procurement
account, a separate, dedicated procurement line item is designated for
body armor.

SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL VEHICLES.

None of the amounts authorized to be appropriated for procurement
may be obligated or expended for an unmanned cargo-carrying-capable
aerial vehicle until a period of 15 days has elapsed after the date on
which the Vice Chairman of the Joint Chiefs of Staff and the Under
Secretary of Defense for Acquisition, Technology, and Logistics certify
to the congressional defense committees that the Joint Requirements
Oversight Council has approved a joint and common requirement for an
unmanned cargo-carrying-capable aerial vehicle type.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,506,731,000.
(2) For the Navy, $19,622,528,000.
(3) For the Air Force, $28,508,561,000.
(4) For Defense-wide activities, $21,016,672,000, of which
$190,770,000 is authorized for the Director of Operational Test
and Evaluation.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. LIMITATION ON OBLIGATION OF FUNDS FOR THE NAVY NEXT
GENERATION ENTERPRISE NETWORK.

(a) Limitation.--Of the amounts authorized to be appropriated
described in subsection (b), not more than 50 percent of the amounts
remaining unobligated as of the date of the enactment of this Act may
be obligated until the Secretary of the Navy submits to the
congressional defense committees a detailed architectural specification
for the Next Generation Enterprise Network.
(b) Covered Authorizations or Appropriations.--The amounts
authorized to be appropriated described in this subsection are amounts
authorized to be appropriated for fiscal year 2010 for--
(1) operation and maintenance for the Continuity of Service
Contract for the Navy-Marine Corps Intranet; and
(2) research, development, test, and evaluation for the
Next Generation Enterprise Network.

SEC. 212. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI-MISSION
SUBMERSIBLE PROGRAM.

None of the funds authorized to be appropriated by this or any
other Act for fiscal year 2010 may be obligated or expended for the
Joint Multi-Mission Submersible program until the Secretary of Defense,
in consultation with the Director of National Intelligence--
(1) completes an assessment on the feasibility of a cost-
sharing agreement between the Department of Defense and the
intelligence community (as that term is defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4))), for
the Joint Multi-Mission Submersible program;
(2) submits to the congressional defense committees and the
intelligence committees the assessment referred to in paragraph
(1); and
(3) certifies to the congressional defense committees and
the intelligence committees that the agreement developed
pursuant to the assessment referred to in paragraph (1)
represents the most effective and affordable means of delivery
for meeting a validated program requirement.

SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH AND
DEVELOPMENT OF INDIVIDUAL BODY ARMOR AND ASSOCIATED
COMPONENTS.

In the budget materials submitted to the President by the Secretary
of Defense in connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the budget for fiscal
year 2011, and each subsequent fiscal year, the Secretary shall ensure
that within each research, development, test, and evaluation account a
separate, dedicated program element is assigned to the research and
development of individual body armor and associated components.

SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, TEST AND
EVALUATION LINE ITEMS AND PROGRAM ELEMENTS FOR THE F-35B
AND F-35C JOINT STRIKE FIGHTER AIRCRAFT.

In the budget materials submitted to the President by the Secretary
of Defense in connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the budget for fiscal
year 2011, and each subsequent fiscal year, the Secretary shall ensure
that within the Navy research, development, test, and evaluation
account and the Navy aircraft procurement account, a separate,
dedicated line item and program element is assigned to each of the F-
35B aircraft and the F-35C aircraft, to the extent such accounts
include funding for each such aircraft.

SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS PENDING SUBMISSION OF
SELECTED ACQUISITION REPORT.

(a) Restriction on Obligation of Funds.--Of the amounts authorized
to be appropriated for fiscal year 2010 for Research and Development,
Army, for the defense acquisition programs specified in subsection (b),
not more than 50 percent may be obligated prior to the date on which
the Secretary of Defense submits to the congressional defense
committees the comprehensive annual Selected Acquisition Report for
each such program for fiscal year 2009, as required by section 2432 of
title 10, United States Code.
(b) Programs Specified.--The defense acquisition programs specified
in this subsection are the following:
(1) Future Combat Systems program.
(2) Warfighter information network tactical program.
(3) Stryker vehicle program.
(4) Joint Air-to-Ground Missile program.
(5) Bradley Base Sustain program.
(6) Abrams Tank Improvement program.
(7) Javelin program.

SEC. 216. RESTRICTION ON OBLIGATION OF FUNDS FOR FUTURE COMBAT SYSTEMS
PROGRAM PENDING RECEIPT OF REPORT.

Not more than 25 percent of the funds authorized to be appropriated
by this Act or otherwise made available for Research and Development,
Army, for fiscal year 2010 for the Future Combat Systems program may be
obligated or expended until 15 days after the receipt of the report
required by section 214(c) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).

SEC. 217. LIMITATION OF THE OBLIGATION OF FUNDS FOR THE NET-ENABLED
COMMAND AND CONTROL SYSTEM.

(a) Limitation.--Of the amounts authorized to be appropriated
described in subsection (b), not more than 25 percent of the amounts
remaining unobligated as of the date of the enactment of this Act may
be obligated until the Secretary of Defense submits to the
congressional defense committees a plan for reorganizing and
consolidating the management of the Net-Enabled Command and Control
system and the Global Command and Control System family of systems.
(b) Covered Authorizations or Appropriations.--The amounts
authorized to be appropriated described in this subsection are amounts
authorized to be appropriated for fiscal year 2010 for the Net-Enabled
Command and Control system in the following program elements:
(1) 33158k.
(2) 33158a.
(3) 33158n.
(4) 33158m.
(5) 33158f.

SEC. 218. LIMITATION ON OBLIGATION OF FUNDS FOR F-35 LIGHTNING II
PROGRAM.

Of the amounts authorized to be appropriated or otherwise made
available for fiscal year 2010 for research, development, test, and
evaluation for the F-35 Lightning II program, not more than 75 percent
may be obligated until the date that is 15 days after the later of the
following dates:
(1) The date on which the Under Secretary of Defense for
Acquisition, Technology, and Logistics submits to the
congressional defense committees certification in writing that
all funds made available for fiscal year 2010 for the continued
development and procurement of a competitive propulsion system
for the F-35 Lightning II have been obligated.
(2) The date on which the Secretary of Defense submits to
the congressional defense committees the report required by
section 123 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4376).
(3) The date on which the Secretary of Defense submits to
the congressional defense committees the annual plan and
certification for fiscal year 2010 required by section 231a of
title 10, United States Code.

SEC. 219. PROGRAMS REQUIRED TO PROVIDE THE ARMY WITH GROUND COMBAT
VEHICLE AND SELF-PROPELLED ARTILLERY CAPABILITIES.

(a) Program Required.--In accordance with the Weapons Systems
Acquisition Reform Act of 2009 (Public Law 111-43), the Secretary of
Defense shall carry out programs to develop, test, and, when
demonstrated operationally effective, suitable, survivable, and
affordable, field new or upgraded Army ground combat vehicle and self-
propelled artillery capabilities.
(b) Report Required.--Not later than February 1, 2010, the
Secretary of Defense shall deliver a report to the congressional
defense committees that--
(1) specifies what vehicles, or upgraded vehicles, will
constitute the Army's ground combat vehicle fleet in 2015;
(2) includes the status, schedule, cost estimates, and
requirements for the programs specified in paragraph (1);
(3) includes any Army force structure modifications planned
that impact the requirements for new ground combat vehicles;
(4) specifies, for each program included, the alternatives
considered during any analysis of alternatives, and why those
alternatives were not selected as the preferred program option;
(5) quantifies and describes the loss of knowledge to the
industrial base should a future self-propelled artillery cannon
not be developed immediately following the cancellation of the
Non-Line-of-Sight Cannon, a Manned Ground Vehicle of Future
Combat Systems; and
(6) with respect to the Army's future self-propelled
howitzer artillery fleet, explains the Army's plan to develop
and field--
(A) automated ammunition handling;
(B) laser ignition;
(C) improved ballistic accuracy;
(D) automated crew compartments;
(E) hybrid-electric power; and
(F) band track.
(c) Restriction on Use of Funds.--Of the amounts authorized to be
appropriated under this Act for research, test, development, and
evaluation for the Army for the program elements specified in
subsection (d), not more than 50 percent may be obligated or expended
until 15 days after the Secretary of Defense submits the report
required under subsection (b).
(d) Programs Specified.--The restriction on use of funds in
subsection (c) covers the following Army program elements:
(1) Combat Vehicle Improvement Program, program element
0203735A.
(2) Advanced Tank Armament System, program element
0603653A.
(3) Artillery Systems, program element 0604854A.

Subtitle C--Missile Defense Programs

SEC. 221. INTEGRATED AIR AND MISSILE DEFENSE SYSTEM PROJECT.

Of the amounts authorized to be appropriated for research and
development of the Army Integrated Air and Missile Defense project
(program element 63327A), not more than 25 percent may be obligated
until the Secretary of Defense has certified to the congressional
defense committees that the Secretary has--
(1) carried out a review of the project;
(2) determined that the project is an affordable,
executable project;
(3) determined that the project meets a current required
capability; and
(4) determined that no other project could be executed, at
a lower cost, that would be capable of fulfilling the required
capability to the same or approximate level of effectiveness as
the Army Integrated Air and Missile Defense project.

SEC. 222. GROUND-BASED MIDCOURSE DEFENSE SUSTAINMENT AND MODERNIZATION
PROGRAM.

(a) Program Required.--The Secretary of Defense shall carry out a
sustainment and modernization program to ensure the long-term
reliability, availability, maintainability, and supportability of the
ground-based midcourse defense system to protect the United States
against limited ballistic missile attacks whether accidental,
unauthorized, or deliberate.
(b) Program Elements.--The program required by subsection (a) shall
include each of the following elements:
(1) Sustainment and operations.
(2) Aging and surveillance.
(3) System and component level assessments, engineering
analysis, and modeling and simulation.
(4) Ground and flight testing.
(5) Readiness exercises.
(6) Modernization and enhancement.
(7) Any other element the Secretary determines is
appropriate.
(c) Consultation.--In implementing the program required by
subsection (a), the Secretary of Defense shall consult with the
commanders of the appropriate combatant commands to ensure the
sustainment and modernization requirements of such commands are
reflected in such program.
(d) Budget Submission Requirement.--For each budget submitted by
the President to Congress under section 1105 of title 31, the Secretary
of Defense shall concurrently submit to the congressional defense
committees a report that clearly identifies the amounts requested for
each of the program elements referred to in subsection (b).
(e) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report outlining the long-term
sustainment and modernization plan of the Department of Defense for the
ground-based midcourse defense system.

SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OR
DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.

No funds authorized to be appropriated by this Act or otherwise
made available for the Department of Defense for fiscal year 2010 or
any fiscal year thereafter may be obligated or expended for the
acquisition (other than initial long-lead procurement) or deployment of
operational missiles of a long-range missile defense system in Europe
until the Secretary of Defense, after receiving the views of the
Director of Operational Test and Evaluation, submits to the
congressional defense committees a report certifying that the proposed
interceptor and the proposed radars to be deployed as part of such
missile defense system has demonstrated, through successful,
operationally realistic flight testing, a high probability of working
in an operationally effective manner and the ability to accomplish the
mission.

SEC. 224. SENSE OF CONGRESS REAFFIRMING CONTINUED SUPPORT FOR
PROTECTING THE UNITED STATES AGAINST LIMITED BALLISTIC
MISSILE ATTACKS WHETHER ACCIDENTAL, UNAUTHORIZED, OR
DELIBERATE.

(a) Findings.--Congress makes the following findings:
(1) Congress passed and the President signed the National
Missile Defense Act of 1999 (Public Law 106-38), which stated:
``It is the policy of the United States to deploy as soon as is
technologically possible an effective National Missile Defense
system capable of defending the territory of the United States
against limited ballistic missile attack (whether accidental,
unauthorized, or deliberate).
(2) The United States has thus far deployed 26 long-range,
Ground-based, Midcourse Defense (GMD) interceptors in Alaska
and California to defend against potential long-range missiles
from rogue states such as North Korea.
(3) Congress has fully funded the President's budget
request for the GMD sites in Alaska and California in fiscal
years 2008 and 2009, as well as continued development of the
Standard Missile-3 Block IIA missile with Japan, which will
provide the Aegis Ballistic Missile Defense system the
capability to engage long-range ballistic missiles like the
North Korean Taepo Dong-2.
(4) Senior defense and intelligence officials have
indicated that the threat to the United States from long-range
missiles from rogue states is limited.
(5) Senior military officials have testified that the
original threat assessments of the long-range missile threat
made by the Missile Defense Agency in 2002 were ``off by a
factor of 10 or 20''.
(6) It is imperative that missile defense force structure
and inventory be linked to the most likely threats and
validated military requirements.
(7) The Secretary of Defense, the Chairman of the Joint
Chiefs, the Commander of the United States Strategic Command's
Joint Functional Component Command for Integrated Missile
Defense, and the Director of the Missile Defense Agency have
either testified or stated that 30 operationally deployed GMD
interceptors would be adequate to defend against any rogue
missile threat to the United States in the near- to mid-term.
(8) The Director of the Missile Defense Agency testified
that, for the first time since the establishment of the Missile
Defense Agency in 2002, key elements of the Department of
Defense, such as the combatant commanders and the military
services, played a major role in shaping the missile defense
budget for fiscal year 2010.
(9) There is currently no existing military requirement
justifying the need to deploy 44 GMD interceptors, nor has that
number been validated by the Department of Defense's
requirements process.
(10) In testimony before Congress this year, the Director
of the Missile Defense Agency indicated that a number of GMD
interceptors were removed from their silos for unscheduled
maintenance and refurbishment because of unanticipated problems
with the interceptors were discovered.
(b) Sense of Congress.--It is the sense of Congress that the United
States--
(1) reaffirms the principles articulated in the National
Missile Defense Act of 1999;
(2) should continue to fund robust research, development,
test, and evaluation of the current GMD system deployed in
Alaska in California to ensure that the system will work in an
operationally effective, suitable, maintainable, and survivable
manner to defend the territory of the United States against
limited ballistic missile attack (whether accidental,
unauthorized, or deliberate);
(3) should continue the development of the Standard
Missile-3 Block IIA missile with Japan, which will provide the
Aegis Ballistic Missile Defense system a capability to counter
long-range ballistic missiles like the North Korean Taepo Dong-
2; and
(4) should set future missile defense force structure and
inventory requirements based on a clear linkage to the threat
and the military requirements process that takes into account
the views of key Department of Defense stakeholders such as the
combatant commanders and the military services.

SEC. 225. ASCENT PHASE MISSILE DEFENSE STRATEGY.

(a) Department of Defense Strategy for Ascent Phase Missile
Defense.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a strategy for ascent phase missile defense.
(b) Matters Included.--The strategy required by subsection (a)
shall include each of the following:
(1) A description of the programs and activities contained,
as of the date of the submission of the strategy, in the
program of record of the Missile Defense Agency that provide or
are planned to provide a capability to intercept ballistic
missiles in their ascent phase.
(2) A description of the capabilities that are needed to
accomplish the intercept of ballistic missiles in their ascent
phase, including--
(A) the key technologies and associated technology
readiness levels, plans for maturing such technologies,
and any technology demonstrations for such
capabilities;
(B) concepts of operation for how ascent phase
capabilities would be employed, including the
dependence of such capabilities on, and integration
with, other functions, capabilities, and information,
including those provided by other elements of the
ballistic missile defense system;
(C) the criteria to be used to assess the technical
progress, suitability, and effectiveness of such
capabilities;
(D) a comprehensive plan for development and
investment in such capabilities, including an
identification of specific program and technology
investments to be made in such capabilities;
(E) a description of how, and to what extent,
ascent phase missile defense can leverage the
capabilities and investments made in boost phase,
midcourse, and any other layer or elements of the
ballistic missile defense system;
(F) a description of any other challenges or
limitations associated with ascent phase missile
defense; and
(G) any other information the Secretary determines
is necessary.
(c) Form.--The strategy shall be submitted in unclassified form,
but may include a classified annex.

SEC. 226. AVAILABILITY OF FUNDS FOR A MISSILE DEFENSE SYSTEM FOR EUROPE
AND THE UNITED STATES.

(a) Findings.--Congress makes the following findings:
(1) Missile defense promotes the collective security of the
United States and NATO and improves linkages among member
nations of NATO by defending all members of NATO against the
full range of missile threats.
(2) The Islamic Republic of Iran possesses the largest
inventory of short-and medium-range ballistic missiles in the
Middle East and these missiles represent a threat to Europe and
United States interests and deployed forces in the region.
Neither NATO nor the United States currently possesses
sufficient theater missile defense capability to counter this
threat from Iran.
(3) Iran does not currently possess a long-range ballistic
missile capable of reaching the United States and, if it were
to develop such a capability in the near future, the long-range
Ground-based Midcourse Defense (GMD) interceptors currently
deployed in Alaska have sufficient range to protect the United
States against an emerging threat.
(4) It is in the interest of the United States to work
cooperatively with NATO to counter these threats consistent
with the direction provided in the statement by the Heads of
State and Government participating in the meeting of the North
Atlantic Council in Strasbourg/Kehl on April 4, 2009, that:
``we judge that missile threats should be addressed in a
prioritized manner that includes consideration of the level of
imminence of the threat and the level of acceptable risk.''.
(5) The Director of Operational Test and Evaluation for the
Department of Defense has raised concerns about the operational
effectiveness, suitability, and survivability of the current
GMD system, and the Director of the Missile Defense Agency
testified before the House Armed Services Committee on May 21,
2009, that health and status indicators forced the agency to
remove several long-range interceptors for unscheduled
maintenance and refurbishment.
(6) The Fiscal Year 2008 Annual Report to Congress by the
Director of Operational Test and Evaluation (DOT&E) stated:
``The inherent BDMS defensive capability against theater
threats increased during the last fiscal year and DOT&E expects
this trend to continue'' largely due to the continued progress
of the AEGIS and Terminal High Altitude Area Defense (THAAD)
systems in operational testing.
(7) The proposed European locations of the long-range
missile defense system allow for the defense of both Europe and
the United States against long-range threats launched from the
Middle East, but a limited deployment of GMD interceptors on
the east coast of the United States would provide comparable
defense of our homeland and the most pressing threat to Europe
is from medium-range ballistic missiles.
(b) Reservation of Funds.--Of the funds made available for fiscal
years 2009 and 2010 for the Missile Defense Agency for the purpose of
developing missile defenses in Europe, $353,100,000 shall be available
only for a missile defense system for Europe and the United States as
described in paragraph (1) or (2) of subsection (c).
(c) Use of Funds.--Funds reserved under subsection (b) may be
obligated and expended by the Secretary of Defense--
(1) on the research, development, test, and evaluation of--
(A) the proposed midcourse radar element of the
ground-based midcourse defense system in the Czech
Republic; and
(B) the proposed long-range missile defense
interceptor site element of such defense system in
Poland; or
(2) on the research, development, test, and evaluation,
procurement, site activation, construction, preparation of,
equipment for, or deployment of an alternative integrated
missile defense system that would protect Europe and the United
States from the threats posed by all types of ballistic
missiles, if the Secretary submits to the congressional defense
committees a report certifying that the alternative missile
defense system is expected to be--
(A) consistent with the direction of the North
Atlantic Council to address ballistic missile threats
to Europe and the United States in a prioritized manner
that includes consideration of the level of imminence
of the threat and the level of acceptable risk;
(B) at least as cost-effective, technically
reliable, and operationally available in protecting
Europe and the United States from missile threats as
the ground-based midcourse defense system described in
paragraph (1);
(C) deployable in a sufficient amount of time to
counter current and emerging ballistic missile threats
(as determined by the intelligence community) launched
from the Middle East that could threaten Europe and the
United States; and
(D) interoperable with other components of missile
defense and compliments NATO's missile defense
strategy.

SEC. 227. STUDY ON DISCRIMINATION CAPABILITIES OF MISSILE DEFENSE
SYSTEM.

(a) Study.--The Secretary of Defense shall enter into an
arrangement with the JASON Defense Advisory Panel under which JASON
shall carry out a study on the technical and scientific feasibility of
the discrimination capabilities of the missile defense system of the
United States, as such system is designed and conceived as of the date
of the study.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the study.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services, Appropriations, and
Oversight and Government Reform of the House of
Representatives.
(2) The Committees on Armed Services, Appropriations, and
Homeland Security and Governmental Affairs of the Senate.

SEC. 228. SENSE OF CONGRESS REAFFIRMING THE REQUIREMENT TO THOROUGHLY
CONSIDER THE ROLE OF BALLISTIC MISSILE DEFENSES DURING
THE QUADRENNIAL DEFENSE REVIEW AND THE NUCLEAR POSTURE
REVIEW.

(a) Findings.--Congress makes the following findings:
(1) Congress passed and the President signed the National
Missile Defense Act of 1999 (Public Law 106-38), which stated:
``It is the policy of the United States to deploy as soon as is
technologically possible an effective National Missile Defense
system capable of defending the territory of the United States
against limited ballistic missile attack (whether accidental,
unauthorized, or deliberate).''.
(2) Section 118 of title 10, United States Code requires
the Secretary of Defense ``every four years, during a year
following a year evenly divisible by four, to conduct a
comprehensive examination (to be known as a `Quadrennial
Defense Review') of the national defense strategy, force
structure, force modernization plans, infrastructure, budget
plan, and other elements of the defense program and policies of
the United States with a view toward determining and expressing
the defense strategy of the United States and establishing a
defense program for the next 20 years.''.
(3) Among the requirements established by section 118 of
title 10, United States Code, for the elements that must be
included in the Quadrennial Defense Review are the following:
(A) The threats to the assumed or defined national
security interests of the United States that were
examined for the purposes of the review and the
scenarios developed in the examination of those
threats.
(B) The specific capabilities, including the
general number and type of specific military platforms,
needed to achieve the strategic and warfighting
objectives identified in the review.
(C) The effect on force structure of the use by the
armed forces of technologies anticipated to be
available for the ensuing 20 years.
(4) Section 1070 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-116) requires the
Secretary of Defense to conduct a comprehensive review of the
nuclear posture of the United States for the next 5 to 10 years
``in order to clarify United States nuclear deterrence policy
and strategy for the near term.''.
(5) Among the requirements established by section 1070 of
the National Defense Authorization Act for Fiscal Year 2008 for
the elements that must be included in the nuclear posture
review is ``[t]he role that missile defense capabilities and
conventional strike forces play in determining the role and
size of nuclear forces.''.
(6) The Final Report of the Congressional Commission on the
Strategic Posture of the United States, issued on May 7, 2009,
concluded: ``Missile defenses can play a useful role in
supporting the basic objectives of deterrence, broadly defined.
Defenses that are effective against regional aggressors are a
valuable component of the U.S. strategic posture. The United
States should develop and, where appropriate, deploy missile
defenses against regional nuclear aggressors, including against
limited long-range threats. These can also be beneficial for
limiting damage if deterrence fails. The United States should
ensure that its actions do not lead Russia or China to take
actions that increase the threat to the United States and its
allies and friends.''.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should thoroughly consider the role of ballistic
missile defenses during the Quadrennial Defense Review and the Nuclear
Posture Review.

Subtitle D--Reports

SEC. 231. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION OF ENERGY
STORAGE DEVICE REQUIREMENTS AND INVESTMENTS.

(a) Assessment Required.--The Comptroller General shall conduct an
assessment of the degree to which requirements, technology goals, and
research and procurement investments in energy storage technologies are
coordinated within and among the military departments, appropriate
Defense Agencies, and other elements of the Department of Defense. In
carrying out such assessment, the Comptroller General shall--
(1) assess expenses incurred by the Department of Defense
in the research, development, testing, and procurement of
energy storage devices;
(2) compare quantities of types of devices in use or under
development that rely on commercial energy storage technologies
and that use military-unique, proprietary, or specialty
devices;
(3) assess the process by which a determination is made by
an acquisition official of the Department of Defense to pursue
a commercially available or custom-made energy storage device;
(4) assess the coordination of Department of Defense-wide
activities in energy storage device research, development, and
use;
(5) assess whether there is a need for enhanced
standardization of the form, fit, and function of energy
storage devices, and if so, formulate a recommendation as to
how, from an organizational standpoint, the Department should
address that need; and
(6) assess whether there are commercial advances in
portable power technology, including hybrid systems, fuel
cells, and electrochemical capacitors, that could be better
leveraged by the Department.
(b) Report.--Not later than March 1, 2010, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the findings and recommendations
of the Comptroller General with respect to the assessment conducted
under subsection (a).
(c) Coordination.--In carrying out subsection (a), the Comptroller
General shall coordinate with the Secretary of Energy and the heads of
other appropriate Federal agencies.

SEC. 232. ANNUAL COMPTROLLER GENERAL REPORT ON THE F-35 LIGHTNING II
AIRCRAFT ACQUISITION PROGRAM.

(a) Annual GAO Review.--The Comptroller General shall conduct an
annual review of the F-35 Lightning II aircraft acquisition program and
shall, not later than March 15 of each of 2010 through 2015, submit to
the congressional defense committees a report on the results of the
most recent review.
(b) Matters to Be Included.--Each report on the F-35 program under
subsection (a) shall include each of the following:
(1) The extent to which the acquisition program is meeting
development and procurement cost, schedule, and performance
goals.
(2) The progress and results of developmental and
operational testing and plans for correcting deficiencies in
aircraft performance, operational effectiveness, and
suitability.
(3) Aircraft procurement plans, production results, and
efforts to improve manufacturing efficiency and supplier
performance.

SEC. 233. REPORT ON INTEGRATION OF DEPARTMENT OF DEFENSE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE CAPABILITIES.

Of the amounts authorized to be appropriated in this Act for
program element 35884L for intelligence planning and review activities,
not more than 25 percent of such amounts may be obligated or expended
until the date that is 30 days after the date on which the Under
Secretary of Defense for Intelligence submits the report required under
section 923(d)(1) of the National Defense Authorization Act for 2004
(Public Law 108-136; 117 Stat. 1576), including the elements of the
report described in subparagraphs (D), (E), and (F) of such section
923(d)(1).

SEC. 234. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF MAN-PORTABLE AND
VEHICLE-MOUNTED GUIDED MISSILE SYSTEMS.

(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to Congress a
report on future research and development of man-portable and vehicle-
mounted guided missile systems to replace the current Javelin and TOW
systems. Such report shall include--
(1) an examination of current requirements for anti-armor
missile systems;
(2) an analysis of battlefield uses other than anti-armor;
(3) an analysis of changes required to the current Javelin
and TOW systems to maximize effectiveness and lethality in
situations other than anti-armor;
(4) an analysis of the current family of Javelin and TOW
warheads and specifically detail how they address threats other
than armor;
(5) an examination of the need for changes to current or
development of additional warheads or a family of warheads to
address threats other than armor;
(6) a description of any missile system design changes
required to integrate current missile systems with current
manned ground systems;
(7) a detailed and current analysis of the costs associated
with the development of next-generation Javelin and TOW systems
and additional warheads or family of warheads to address
threats other than armor, integration costs for current
vehicles, integration costs for future vehicles and possible
efficiencies of developing and procuring these systems at low
rate and full rate based on current system production; and
(8) an analysis of the ability of the industrial base to
support development and production of current and future
Javelin and TOW systems.
(b) Restriction on Use of Funds.--Of the amounts authorized to be
appropriated under this Act for research, test, development, and
evaluation for the Army, for missile and rocket advanced technology
(program element 0603313A), not more than 70 percent may be obligated
or expended until the Secretary of the Army submits the report required
by subsection (a).

Subtitle E--Other Matters

SEC. 241. ACCESS OF THE DIRECTOR OF THE TEST RESOURCE MANAGEMENT CENTER
TO DEPARTMENT OF DEFENSE INFORMATION.

Section 196 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Access to Information.--The Director shall have access to all
records and data of the Department of Defense (including the records
and data of each military department) that the Director considers
necessary to review in order to carry out the duties of the Director
under this section.''.

SEC. 242. INCLUSION IN ANNUAL BUDGET REQUEST AND FUTURE-YEARS DEFENSE
PROGRAM OF SUFFICIENT AMOUNTS FOR CONTINUED DEVELOPMENT
AND PROCUREMENT OF COMPETITIVE PROPULSION SYSTEM FOR F-35
LIGHTNING II.

(a) Annual Budget.--Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 235. Budget for competitive propulsion system for F-35 Lightning
II
``(a) Annual Budget.--Effective for the budget of the President
submitted to Congress under section 1105(a) of title 31, United States
Code, for fiscal year 2011 and each fiscal year thereafter, the
Secretary of Defense shall include, in the materials submitted by the
Secretary to the President, a request for such amounts as are necessary
for the full funding of the continued development and procurement of a
competitive propulsion system for the F-35 Lightning II.
``(b) Future-years Defense Program.--In each future-years defense
program submitted to Congress under section 221 of this title, the
Secretary of Defense shall ensure that the estimated expenditures and
proposed appropriations for the F-35 Lighting II, for each fiscal year
of the period covered by that program, include sufficient amounts for
the full funding of the continued development and procurement of a
competitive propulsion system for the F-35 Lightning II.
``(c) Requirement to Obligate and Expend Funds.--Of the amounts
authorized to be appropriated for fiscal year 2010 or any year
thereafter, for research, development, test, and evaluation and
procurement for the F-35 Lightning II Program, the Secretary of Defense
shall ensure the obligation and expenditure in each such fiscal year of
sufficient annual amounts for the continued development and procurement
of two options for the propulsion system for the F-35 Lightning II in
order to ensure the development and competitive production for the
propulsion system for the F-35 Lightning II.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by at the end the following new item:

``235. Budget for competitive propulsion system for F-35 Lightning
II.''.
(c) Conforming Repeal.--The National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended by striking section
213.

SEC. 243. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION OF
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
MINORITY-SERVING INSTITUTIONS IN DEFENSE RESEARCH
PROGRAMS.

(a) Program Established.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2361 the following new
section:
``Sec. 2362. Research and educational programs and activities:
historically black colleges and universities and
minority-serving institutions of higher education
``(a) Program Established.--The Secretary of Defense, acting
through the Director of Defense Research and Engineering and the
Secretary of each military department, shall carry out a program to
provide assistance to covered educational institutions to assist the
Department in defense-related research, development, testing, and
evaluation within the science, technology, engineering, and mathematics
fields.
``(b) Program Objective.--The objective of the program established
under subsection (a) is to enhance science, technology, mathematics,
and engineering research and education at covered educational
institutions. Such objective shall be accomplished through initiatives
designed to--
``(1) enhance research and educational capabilities of the
institutions in areas of science, technology, engineering, or
mathematics that are important to national defense, as
determined by the Secretary;
``(2) encourage the participation of such institutions in
the research, development, testing, and evaluation programs and
activities of the Department of Defense;
``(3) increase the capacity of such institutions to
contribute to the national security functions of the Department
of Defense through participation in research, development,
testing, and evaluation programs and activities in which such
institutions might not otherwise have the opportunity to
participate;
``(4) increase the number of graduates engaged in
scientific, technological, mathematic, and engineering
disciplines important to the national security functions of the
Department of Defense, as determined by the Secretary;
``(5) conduct collaborative research and educational
opportunities between such institutions and defense research
facilities;
``(6) encourage research and educational collaborations
between such institutions and other institutions of higher
education; or
``(7) encourage research and educational collaborations
between such institutions and business enterprises that
historically perform defense-related research, development,
testing and evaluation.
``(c) Assistance Provided.--Under the program established by
subsection (a), the Secretary of Defense may provide covered
educational institutions with funding or technical assistance,
including any of the following:
``(1) The competitive awarding of grants, cooperative
agreements or contracts to establish Centers of Excellence for
Research and Education in scientific disciplines important to
national defense, as determined by the Secretary.
``(2) The competitive awarding of undergraduate
scholarships or graduate fellowships in support of research in
scientific disciplines important to national defense, as
determined by the Secretary.
``(3) The competitive awarding of grants, cooperative
agreements, or contracts for research in areas of science,
technology, engineering, and mathematics that are important to
national defense, as determined by the Secretary.
``(4) The competitive awarding of grants, cooperative
agreements, or contracts for the acquisition of equipment or
instrumentation necessary for the conduct of research,
development, testing, evaluation or educational enhancements in
scientific disciplines important to national defense, as
determined by the Secretary.
``(5) Support to assist in attraction and retention of
faculty in scientific disciplines critical to the national
security functions of the Department of Defense.
``(6) Making Department of Defense personnel available to
advise and assist faculty at such institutions in the
performance of defense research in scientific disciplines
critical to the national security functions of the Department
of Defense.
``(7) Establishing partnerships between defense
laboratories and such institutions to encourage involvement of
faculty and students in scientific research important to the
national security functions of the Department of Defense.
``(8) Encouraging the establishment of a program or
programs creating partnerships between such institutions and
corporations that have routinely been awarded research,
development, testing, or evaluation contracts by the Secretary
of Defense for the purpose of involving faculty and students in
scientific research critical to the national security functions
of the Department of Defense.
``(9) Encouraging the establishment of a program or
programs creating partnerships between such institutions and
other institutions of higher education that have experience in
conducting research, development, testing, or evaluation
programs with the Department of Defense for the purpose of
involving faculty and students in scientific research critical
to the national security functions of the Department of
Defense.
``(10) Other such non-monetary assistance in support of
defense research as the Secretary finds appropriate to enhance
science, mathematics, or engineering programs at such
institutions, which may be provided directly through the
Department of Defense or through contracts or other agreements
entered into by the Secretary with private-sector entities that
have experience and expertise in the development and delivery
of technical assistance services to such institutions.
``(d) Definition of Covered Educational Institution.--In this
section the term `covered educational institution' means an institution
of higher education eligible for assistance under title III or V of the
Higher Education Act of 1965 (20 U.S.C. 1051 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2361 the following new item:

``2362. Research and educational programs and activities: historically
black colleges and universities and
minority-serving institutions of higher
education.''.

SEC. 244. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.

Subsection (f) of section 2374a of title 10, United States Code, is
amended by striking ``September 30, 2010'' and inserting ``September
30, 2013''.

SEC. 245. EXECUTIVE AGENT FOR ADVANCED ENERGETICS.

(a) Executive Agent.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
senior official of the Department of Defense to act as the executive
agent for advanced energetics.
(b) Roles, Responsibilities, and Authorities.--
(1) Establishment.--Not later than 1 year after the date of
the enactment of this Act, and in accordance with Directive
5101.1, the Secretary of Defense shall prescribe the roles,
responsibilities, and authorities of the executive agent
designated under subsection (a).
(2) Specification.--The roles and responsibilities of the
executive agent designated under subsection (a) shall include
each of the following:
(A) Assessment of the current state of, and
advances in, research, development, and manufacturing
technology of energetic materials in both foreign
countries and the United States.
(B) Development of strategies to address matters
identified as a result of the assessment described in
subparagraph (A).
(C) Development of recommended funding strategies
to retain sufficient explosive domestic production
capacity, continue the development of innovative
munitions, and recruit the next generation of
scientists and engineers of advanced energetics.
(D) Recommending changes to strengthen the
energetic capabilities of the Department of Defense.
(E) Such other roles and responsibilities as the
Secretary of Defense considers appropriate.
(c) Support Within Department of Defense.--In accordance with
Directive 5101.1, the Secretary of Defense shall ensure that the
military departments, Defense Agencies, and other components of the
Department of Defense provide the executive agent designated under
subsection (a) with the appropriate support and resources needed to
perform the roles, responsibilities, and authorities of the executive
agent.
(d) Definitions.--In this section:
(1) The term ``Directive 5101.1'' means Department of
Defense Directive 5101.1, dated September 3, 2002, or any
successor directive relating to the responsibilities of an
executive agent of the Department of Defense.
(2) The term ``executive agent'' had the meaning given the
term ``DoD Executive Agent'' in Directive 5101.1.

SEC. 246. STUDY ON THORIUM-LIQUID FUELED REACTORS FOR NAVAL FORCES.

(a) Study Required.--The Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall jointly carry out a study on the use of
thorium-liquid fueled nuclear reactors for naval power needs pursuant
to section 1012, of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 303).
(b) Contents of Study.--In carrying out the study required under
subsection (a), the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff shall, with respect to naval power requirements for the
Navy strike and amphibious force--
(1) compare and contrast thorium-liquid fueled reactor
concept to the 2005 Quick Look, 2006 Navy Alternative
Propulsion Study, and the navy CG(X) Analysis of Alternatives
study;
(2) identify the benefits to naval operations which
thorium-liquid fueled nuclear reactors or uranium reactors
would provide to major surface combatants compared to
conventionally fueled ships, including such benefits with
respect to--
(A) fuel cycle, from mining to waste disposal;
(B) security of fuel supply;
(C) power needs for advanced weapons and sensors;
(D) safety of operation, waste handling and
disposal, and proliferation issues compared to uranium
reactors;
(E) no requirement to refuel and reduced logistics;
(F) ship upgrades and retrofitting;
(G) reduced manning;
(H) global range at flank speed, greater forward
presence, and extended combat operations;
(I) power for advanced sensors and weapons,
including electromagnetic guns and lasers;
(J) survivability due to increased performance and
reduced signatures;
(K) high power density propulsion;
(L) operational tempo;
(M) operational effectiveness; and
(N) estimated cost-effectiveness; and
(3) conduct a ROM cost-effectiveness comparison of nuclear
reactors in use by the Navy as of the date of the enactment of
this Act, thorium-liquid fueled reactors, and conventional
fueled major surface combatants, which shall include a
comparison of--
(A) security, safety, and infrastructure costs of
fuel supplies;
(B) nuclear proliferation issues;
(C) reactor safety;
(D) nuclear fuel safety, waste handling, and
storage;
(E) power requirements and distribution for
sensors, weapons, and propulsion; and
(F) capabilities to fully execute the Navy Maritime
Strategic Concept.
(c) Report.--Not later than February 1, 2011, the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall jointly
submit to the congressional defense committees a report on the results
of the study required under subsection (a).

SEC. 247. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM.

(a) Authority to Establish.--The Secretary of Defense may establish
a program to be known as the Visiting NIH Senior Neuroscience
Fellowship Program at--
(1) the Defense Advanced Research Projects Agency; and
(2) the Defense Center of Excellence for Psychological
Health and Traumatic Brain Injury.
(b) Activities of the Program.--In establishing the Visiting NIH
Senior Neuroscience Fellowship Program under subsection (a), the
Secretary shall require the program to--
(1) provide a partnership between the National Institutes
of Health and the Defense Advanced Research Projects Agency to
enable identification and funding of the broadest range of
innovative, highest quality clinical and experimental
neuroscience studies for the benefit of members of the Armed
Forces;
(2) provide a partnership between the National Institutes
of Health and the Defense Center of Excellence for
Psychological Health and Traumatic Brain Injury that will
enable identification and funding of clinical and experimental
neuroscience studies for the benefit of members of the Armed
Forces;
(3) use the results of the studies described in paragraph
(1) and (2) to enhance the mission of the National Institutes
of Health for the benefit of the public; and
(4) provide a military and civilian collaborative
environment for neuroscience-based medical problem-solving in
critical areas affecting both military and civilian life,
particularly post-traumatic stress disorder.
(c) Period of Fellowship.--The period of any fellowship under the
Program shall not last more than 2 years and shall not continue unless
agreed upon by the parties concerned.

SEC. 248. AUTHORITY FOR NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS TO
PARTICIPATE IN MERIT-BASED TECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAMS.

Section 217(f)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat 2695) is amended by
adding at the end the following new subparagraph:
``(C) A federally funded research and development center of the
National Aeronautics and Space Administration that functions primarily
as a research laboratory may respond to broad agency announcements
under programs authorized by the Federal Government for the purpose of
promoting the research, development, demonstration, or transfer of
technology in a manner consistent with the terms and conditions of such
program, for activities including, but not limited to, those conducted
by the center under contract with or on behalf of the Department of
Defense or through transfer of funds from the Department of Defense to
the National Aeronautics and Space Administration.''.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions

Sec. 341. Annual report on procurement of military working dogs.
Subtitle F--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $31,398,432,000.
(2) For the Navy, $35,330,997,000.
(3) For the Marine Corps, $5,570,823,000.
(4) For the Air Force, $34,451,654,000.
(5) For Defense-wide activities, $29,016,532,000.
(6) For the Army Reserve, $2,572,196,000.
(7) For the Naval Reserve, $1,292,501,000.
(8) For the Marine Corps Reserve, $228,925,000.
(9) For the Air Force Reserve, $3,088,528,000.
(10) For the Army National Guard, $6,268,884,000.
(11) For the Air National Guard, $5,919,461,000.
(12) For the United States Court of Appeals for the Armed
Forces, $13,932,000.
(13) For the Acquisition Development Workforce Fund,
$100,000,000.
(14) For Environmental Restoration, Army, $415,864,000.
(15) For Environmental Restoration, Navy, $285,869,000.
(16) For Environmental Restoration, Air Force,
$494,276,000.
(17) For Environmental Restoration, Defense-wide,
$11,100,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $267,700,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $109,869,000.
(20) For Cooperative Threat Reduction programs,
$434,093,000.
(21) For the Overseas Contingency Operations Transfer Fund,
$5,000,000.

Subtitle B--Environmental Provisions

SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF AVAILABLE FUNDS FOR
DEPARTMENT OF DEFENSE PARTICIPATION IN CONSERVATION
BANKING PROGRAMS.

Section 2694c of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``to carry out this
section'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Source of Funds.--(1) Amounts described in paragraph (2)
shall be available for activities under this section.
``(2) Amounts described in this paragraph are amounts available for
any of the following:
``(A) Operation and maintenance.
``(B) Military construction.
``(C) Research, development, test, and evaluation.
``(D) The Support for United States Relocation to Guam
Account established under section 2824 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).''.

SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT.

(a) Reauthorization.--Section 108 of the Sikes Act (16 U.S.C. 670f)
is amended by striking ``fiscal years 2004 through 2008'' each place it
appears and inserting ``fiscal years 2010 through 2015''.
(b) Clarification of Authorizations.--Such section is further
amended--
(1) in subsection (b), by striking ``There are authorized''
and inserting ``Of the amounts authorized to be appropriated to
the Department of Defense, there are authorized''; and
(2) in subsection (c), by striking ``There are authorized''
and inserting ``Of the amounts authorized to be appropriated to
the Department of the Interior, there are authorized''.

SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO ENTER INTO
INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT ON DEPARTMENT
OF DEFENSE INSTALLATIONS.

(a) Authority.--Section 103 of the Sikes Act (16 U.S.C. 670c-1) is
amended--
(1) in subsection (a)--
(A) by inserting after ``and individuals'' the
following: ``, and into interagency agreements with the
heads of other Federal departments and agencies,''; and
(B) in paragraph (2), by inserting ``or interagency
agreement'' after ``cooperative agreement'';
(2) in subsection (b), by inserting ``or interagency
agreement'' after ``cooperative agreement''; and
(3) in subsection (c), by inserting ``and interagency
agreements'' after ``cooperative agreements'' the first place
it appears.
(b) Clerical Amendments.--The heading for such section is amended
by inserting ``and interagency'' after ``cooperative''and the table of
contents for such Act is conformed accordingly.

SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE SPECIES
MANAGEMENT FOR MILITARY INSTALLATIONS IN GUAM.

Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1)) is
amended by striking ``fiscal years 2004 through 2008'' and inserting
``fiscal years 2010 through 2015''.

SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH THE FORMER NANSEMOND ORDNANCE
DEPOT SITE, SUFFOLK, VIRGINIA.

(a) Authority to Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of Defense may transfer not more than
$68,623 during fiscal year 2010 to the Former Nansemond
Ordnance Depot Site Special Account, within the Hazardous
Substance Superfund.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is final payment to reimburse the Environmental Protection
Agency for all costs incurred in overseeing a time critical
removal action performed by the Department of Defense under the
Defense Environmental Restoration Program for ordnance and
explosive safety hazards at the Former Nansemond Ordnance Depot
Site, Suffolk, Virginia.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in an interagency agreement
entered into by the Department of the Army and the
Environmental Protection Agency for the Former Nansemond
Ordnance Depot Site in December 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(17) of
this Act for operation and maintenance for Environmental Restoration,
Formerly Used Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the agency at the Former Nansemond Ordnance Depot Site.

SEC. 316. PROCUREMENT AND USE OF MUNITIONS.

The Secretary of Defense shall--
(1) in making decisions with respect to the procurement of
munitions, develop methods to account for the full life-cycle
costs of munitions, including the effects of failure rates on
the cost of disposal;
(2) undertake a review of live-fire practices for the
purpose of reducing unexploded ordnance and munitions-
constituent contamination without impeding military readiness;
and
(3) not later than 180 days after the date of the enactment
of this Act, and annually thereafter, submit to Congress a
report on the methods developed pursuant to this section and
the progress of the live-fire review and recommendations for
reducing the life-cycle costs of munitions, unexploded
ordnance, and munitions-constituent contamination.

SEC. 317. PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN PITS.

(a) In General.--The Secretary of Defense shall prohibit the
disposal of covered waste in an open-air burn pit during a contingency
operation lasting longer than 1 year.
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations to carry out this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the use of open-air burn pits in contingency operations. The report
shall include--
(1) a description of each type of waste burned in such
open-air burn pits; and
(2) a discussion of the feasibility of alternative methods
of disposing of covered waste, including--
(A) a plan to use such alternative methods; or
(B) if the Secretary determines that no such
alternative method is feasible, a detailed discussion
explaining why open-air burn pits are the only feasible
method of disposing of such waste.
(d) Definitions.--In this section:
(1) The term ``contingency operation'' has the meaning
given that term by section 101(a)(13) of title 10, United
States Code.
(2) The term ``covered waste'' includes--
(A) hazardous waste, as defined by section 1004(5)
of the Solid Waste Disposal Act (42 U.S.C. 6903(5));
(B) medical waste; and
(C) solid waste containing plastic.

SEC. 318. MILITARY MUNITIONS RESPONSE SITES.

(a) Information Sharing.--Section 2710(a)(2)(B) of title 10, United
States Code, is amended by inserting ``, county,'' after
``identification of the State''.
(b) Military Munitions Response Program and Installation
Restoration Program.--The Secretary of Defense shall--
(1) as part of the Secretary's annual budget submission to
Congress, include the funding levels requested for Military
Munitions Response Program and Installation Restoration
Program; and
(2) evaluate and report on the progress of such programs in
the Defense Environmental Program's Annual Report to Congress.

Subtitle C--Workplace and Depot Issues

SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION OF ANY
DEPARTMENT OF DEFENSE FUNCTION PERFORMED BY CIVILIAN
EMPLOYEES TO CONTRACTOR PERFORMANCE.

(a) Requirement.--Section 2461(a)(1) of title 10, United States
Code, is amended--
(1) by striking ``A function'' and inserting ``No
function'';
(2) by striking ``10 or more''; and
(3) by striking ``may not be converted'' and inserting
``may be converted''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a function for which a public-private competition
is commenced on or after the date of the enactment of this Act.

SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE COMPETITIONS.

(a) Time Limitation.--Section 2461(a) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(5)(A) The duration of a public-private competition conducted
pursuant to Office of Management and Budget Circular A-76 or any other
provision of law for any function of the Department of Defense
performed by Department of Defense civilian employees may not exceed a
period of 540 days, commencing on the date on which the preliminary
planning for the public-private competition begins through the date on
which a performance decision is rendered with respect to the function.
``(B) The time period specified in subparagraph (A) for a public-
private competition does not include any day during which the public-
private competition is delayed by reason of a protest before the
Government Accountability Office or the United States Court of Federal
Claims unless the Secretary of Defense determines that the delay is
caused by issues being raised during the appellate process that were
not previously raised during the competition.
``(C) In this paragraph, the term `preliminary planning' with
respect to a public-private competition means any action taken to carry
out any of the following activities:
``(i) Determining the scope of the competition.
``(ii) Conducting research to determine the appropriate
grouping of functions for the competition.
``(iii) Assessing the availability of workload data,
quantifiable outputs of functions, and agency or industry
performance standards applicable to the competition.
``(iv) Determining the baseline cost of any function for
which the competition is conducted.''.
(b) Effective Date.--Paragraph (5) of section 2461(a) of title 10,
United States Code, as added by subsection (a), shall apply with
respect to a public-private competition covered by such section that is
being conducted on or after the date of the enactment of this Act.

SEC. 323. INCLUSION OF INSTALLATION OF MAJOR MODIFICATIONS IN
DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.

Section 2460 of title 10, United States Code, is amended in the
second sentence--
(1) by striking ``and'' before ``(2)''; and
(2) by inserting before the period at the end the
following: ``, and (3) the installation of major modifications,
including performance or safety modifications''.

SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO
ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.

The second sentence of section 4544(a) of title 10, United States
Code, is amended by inserting before the period at the end the
following: ``in addition to the contracts and cooperative agreements in
effect as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181)''.

SEC. 325. COST-BENEFIT ANALYSIS OF ALTERNATIVES FOR PERFORMANCE OF
PLANNED MAINTENANCE INTERVAL EVENTS AND CONCURRENT
MODIFICATIONS PERFORMED ON THE AV-8B HARRIER WEAPONS
SYSTEM.

(a) Cost-benefit Analysis Required.--The Secretary of the Navy, in
consultation with the Commandant of the Marine Corps, shall carry out a
thorough economic analysis of the costs and benefits associated with
each alternative the Secretary is considering for the performance of
planned maintenance interval events and concurrent or stand alone
modifications performed on the AV-8B Harrier weapons system. Such
analysis shall be performed in accordance with Department of Defense
Instruction 7043.1, entitled ``Economic Analysis for Decisionmaking'',
and Office of Management and Budget Circular A-94, entitled
``Guidelines and Discount Rates for Benefit-Cost Analysis of Federal
Programs'' and dated October 29, 1992, and, for each such alternative,
shall include an assessment of the following:
(1) The effect of the loss of workload on organic depot
labor rates associated with each alternative.
(2) The effect on the depot net operating result for each
such alternative.
(3) The effect on long-term sustainment of depot-level
capabilities for future support of core workload throughout the
life cycle of the AV-8B Harrier weapons system.
(4) The risk to readiness, the aviation safety risk, and
the enterprise-wide financial risk associated with each such
alternative.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the cost-benefit analysis
required in subsection (a). The report shall include each of the
following:
(1) The criteria and rationale used to classify work as
organization-level maintenance or depot-level maintenance.
(2) An explanation of the core logistics capabilities and
associated workload requirements for the AV-8B weapons system,
including an explanation of how such requirements were
determined and rationale for classifying the planned
maintenance interval events and concurrent or stand alone
modifications on the AV-8B as above core workload.
(3) An assessment of the effects of proposed workload
transfer on the Department of the Navy's division of depot
maintenance funding between public and private sectors in
accordance with section 2466(a) of title 10, United States
Code.
(c) Prohibition on Contracting Activities.--The Secretary of the
Navy may not enter into a contract for the performance of planned
maintenance interval events or associated depot-level maintenance
activities, including concurrent or stand alone modifications, by non-
Federal Government personnel until 90 days after the date on which the
Secretary completes the assessment required under subsection (a) and
submits the report required under subsection (b).

SEC. 326. TERMINATION OF CERTAIN PUBLIC-PRIVATE COMPETITIONS FOR
CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO
PERFORMANCE BY A CONTRACTOR.

(a) Temporary Suspension of Pending Studies.--The Secretary of
Defense shall halt all pending public-private competitions being
conducted pursuant to section 2461 of title 10, United States Code, or
Office of Management and Budget Circular A-76 that had not resulted in
conversion to performance to a contractor as of March 26, 2009, until
such time as the Secretary may review such competitions.
(b) Review and Approval Process.--
(1) Review required.--Before recommencing any pending study
for a public-private competition halted under subsection (a),
the Secretary of Defense shall review all the studies halted by
reason of that subsection and take the following actions with
respect to each such study:
(A) Describe the methodology and data sources along
with outside resources to gather and analyze
information necessary to estimate cost savings.
(B) Certify that the estimated savings are still
achievable.
(C) Document the rationale for rejecting an
individual command's request to cancel, defer, or
reduce the scope of a decision to conduct the study.
(D) Consider alternatives to the study that would
provide savings and improve performance such as
internal reorganizations.
(E) Include any other relevant information to
justify recommencement of the study.
(2) Termination of certain studies.--The Secretary of
Defense shall terminate any study for a public-private
competition that has been conducted for longer than 18 months
(beginning with preliminary planning and ending with the
exhaustion of General Accountability Office protests), or
submit to Congress a written justification for continuing of
the study.
(c) Congressional Notification.--The Secretary of Defense may not
recommence a study halted pursuant to subsection (a) until the
Secretary submits to Congress a report describing the actions taken by
the Secretary under paragraphs (1) and (2) of subsection (b).

SEC. 327. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS FOR
CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO
PERFORMANCE BY A CONTRACTOR.

During the period beginning on the date of the enactment of this
Act and ending on September 30, 2012, no study or competition regarding
the conversion to performance by a contractor of any Department of
Defense function may be begun or announced pursuant to 2461 of title
10, United States Code, or otherwise pursuant to Office of Management
and Budget Circular A-76.

SEC. 328. REQUIREMENT FOR DEBRIEFINGS RELATED TO CONVERSION OF
FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO
PERFORMANCE BY A CONTRACTOR.

The Administrator for Federal Procurement Policy shall revise the
Federal Acquisition Regulation to allow for pre-award and post-award
debriefings of Federal employee representatives in the case of a
conversion of any function from performance by Federal employees to
performance by a contractor. Such debriefings will conform to the
requirements of section 2305(b)(6)(A) of title 10, United States Code,
section 303B(f) of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253b(f)), and subparts 15.505 and 15.506 (as in
effect on the date of the enactment of this Act ) of the Federal
Acquisition Regulation.

SEC. 329. AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL EMPLOYEES AND
AGENCY OFFICIALS IN CONVERSIONS OF FUNCTIONS FROM
PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE BY A
CONTRACTOR.

(a) Protest Jurisdiction of the Comptroller General.--Section
3551(1) of title 31, United States Code, is amended by adding at the
end the following new subparagraph:
``(E) Conversion of a function that is being
performed by Federal employees to private sector
performance.''.
(b) Eligibility to Protest Public-private Competitions.--Clause (i)
of paragraph (2)(B) of section 3551 of title 31, United States Code, is
amended to read as follows:
``(i) any official who is responsible for
submitting the agency tender in such
competition; and''.
(c) Prejudice to Federal Employees.--
(1) In general.--Section 3557 of title 31, United States
Code, is amended--
(A) by inserting ``(a) Expedited Action.--'' before
``For any protest''; and
(B) by adding at the end the following new
subsection:
``(b) Injury to Federal Employees.--In the case of a protest filed
by an interested party described in subparagraph (B) of section 3551(2)
of this title, a showing that a Federal employee has been displaced
from performing a function or part thereof, and that function is being
performed by the private sector, is sufficient evidence that a
conversion has occurred resulting in concrete injury and prejudice to
the Federal employee as a consequence of agency action.''.
(2) Conforming and clerical amendments.--
(A) The heading of section 3557 of such title is
amended to read as follows:
``Sec. 3557. Protests of public-private competitions''.
(B) The item relating to section 3557 in the table
of sections at the beginning of chapter 35 of such
title is amended to read as follows:

``3557. Protests of public-private competitions.''.
(d) Decisions on Protests.--Section 3554(b) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively;
(2) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) cancel the solicitation issued pursuant to
the public-private competition conducted under Office
of Management and Budget Circular A-76 or any successor
circular;''; and
(3) in subparagraph (G), as redesignated by paragraph (1),
by striking ``, and (E)'' an inserting ``, (E), and (G)''.
(e) Applicability.--The amendments made by this section shall
apply--
(1) to any protest or civil action that relates to a
public-private competition conducted after the date of the
enactment of this Act under Office of Management and Budget
Circular A-76, or any successor circular; or
(2) to a decision made after the date of the enactment of
this Act to convert a function performed by Federal employees
to private sector performance without a competition under
Office of Management and Budget Circular A-76.

Subtitle D--Energy Security

SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF OPERATIONAL
ENERGY.

Of the amounts authorized to be appropriated for Operation and
Maintenance, Defense-wide, $5,000,000 is for the Director of
Operational Energy Plans and Programs to carry out the duties
prescribed for the Director under section 139b of title 10, United
States Code, to be made available upon the confirmation of an
individual to serve as the Director of Operational Energy Plans and
Programs.

SEC. 332. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT AT FORWARD-
DEPLOYED LOCATIONS.

Not later than February 1, 2010, the Director of Operational Energy
Plans and Programs of the Department of Defense (or, in the event that
no individual has been confirmed as the Director, the Secretary of
Defense) shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on any specific actions that have
been taken to implement the following three recommendations made by the
Comptroller General:
(1) The recommendation that each of the combatant
commanders establish requirements for managing fuel demand at
forward-deployed locations within their respective areas of
responsibility.
(2) The recommendation that the head of each military
department develop guidance to implement such requirements.
(3) The recommendation that the Chairman of the Joint
Chiefs of Staff require that fuel demand considerations be
incorporated into the Joint Staff's initiative to develop joint
standards of life support at forward-deployed locations.

SEC. 333. CONSIDERATION OF RENEWABLE FUELS.

(a) In General.--The Secretary of Defense shall consider renewable
fuels, including domestically produced algae-based, biodiesel, and
biomass-derived fuels, for testing, certification, and use in aviation,
maritime, and ground transportation fleets.
(b) Report.--Not later than February 1, 2010, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the Secretary's consideration
of renewable fuels that includes each of the following:
(1) An assessment of the use of renewable fuels, including
domestically produced algae-based, biodiesel, and biomass-
derived fuels, as alternative fuels in aviation, maritime, and
ground transportation fleets (including tactical vehicles and
applications). Such assessment shall include technical,
logistical, and policy considerations.
(2) An assessment of whether it would be beneficial to
establish a renewable fuel commodity class that is distinct
from petroleum-based products.

SEC. 334. DEPARTMENT OF DEFENSE GOAL REGARDING PROCUREMENT OF RENEWABLE
AVIATION FUELS.

(a) Subchapter II of chapter 173 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2922g. Goal regarding procurement of renewable aviation fuels
``It shall be the goal of the Department of Defense--
``(1) for fiscal year 2025, and each subsequent fiscal
year, to procure from renewable aviation fuel sources not less
than 25 percent of the total quantity of aviation fuel consumed
by the Department of Defense in the contiguous United States;
and
``(2) to procure fuels from renewable aviation fuel sources
whenever the use of such renewable aviation fuels is consistent
with the operational energy strategy required by section
139b(d) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2922f the following new item:

``2922g. Goal regarding procurement of renewable aviation fuels.''.

SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

Section 526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17142) is amended--
(1) by striking ``No Federal agency'' and inserting ``(a)
Requirement.--Except as provided in subsection (b), no Federal
agency''; and
(2) by adding at the end the following:
``(b) Exception.--Subsection (a) does not prohibit a Federal agency
from entering into a contract to purchase a generally available fuel
that is not an alternative or synthetic fuel or predominantly produced
from a nonconventional petroleum source, if--
``(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel or fuel
from a nonconventional petroleum source;
``(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source; and
``(3) the contract does not provide incentives for a
refinery upgrade or expansion to allow a refinery to use or
increase its use of fuel from a nonconventional petroleum
source.''.

Subtitle E--Reports

SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILITARY WORKING DOGS.

Section 358 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4427; 10 U.S.C.
2302 note) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Report.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2010, and annually thereafter, the Secretary, acting through the
Executive Agent, shall submit to the congressional defense committees a
report on the procurement of military working dogs for the fiscal year
preceding the fiscal year during which the report is submitted. Such a
report may be combined with the report required under section 2582(f)
of title 10, United States Code, for the same fiscal year as the fiscal
year covered by the report under this subsection. Each report under
this subsection shall include the following for the fiscal year covered
by the report:
``(1) The number of military working dogs procured from
domestic breeders by each military department or Defense
Agency.
``(2) The number of military working dogs procured from
non-domestic breeders by each military department or Defense
Agency.
``(3) The total cost of procuring military working dogs
from domestic breeders and the total cost of procuring such
dogs from non-domestic breeders.
``(4) The total cost of procuring military working dogs for
each military department or Defense Agency.''.

Subtitle F--Other Matters

SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT DEPARTMENT OF DEFENSE
RATES FOR NON-DEPARTMENT OF DEFENSE FEDERAL CARGOES.

(a) In General.--Section 2642(a) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(3) During the five-year period beginning on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2010, for military airlift services provided to any
element of the Federal Government outside the Department of
Defense in circumstances other than those specified in
paragraphs (1) and (2), but only if the Secretary of Defense
determines that the provision of such services will promote the
improved use of airlift capacity without any negative effect on
national security objectives or the national security interests
contained within the United States commercial air industry.''.
(b) Annual Report.--Not later than March 1 of each year for which
the paragraph (3) of section 2642(a) of title 10, United States Code,
as added by subsection (a), is in effect, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives an annual report describing, in detail, the
Secretary's use of the authority under that paragraph, including--
(1) how the authority was used;
(2) the frequency of use of the authority;
(3) the Secretary's rationale for the use of the authority;
and
(4) for which agencies the authority was used.

SEC. 352. REQUIREMENTS FOR STANDARD GROUND COMBAT UNIFORM.

The Secretary of Defense, in consultation with the Director of the
Defense Logistics Agency, shall standardize the design of future ground
combat uniforms. The future ground combat uniforms designed pursuant to
this section shall be designed to--
(1) increase the interoperability of ground combat forces;
(2) eliminate any uniqueness that could pose a tactical
risk in a theater of operations;
(3) maximize conformance with personal protective gear and
body armor;
(4) ensure standard coloration and pattern for the uniform;
(5) be appropriate to the terrain, climate, and conditions
in which the forces may be operating;
(6) minimize production costs; and
(7) minimize costs to the services for issuing the new
standard ground combat uniform.

SEC. 353. RESTRICTION ON USE OF FUNDS FOR COUNTERTHREAT FINANCE
EFFORTS.

(a) Restriction.--Of the amounts authorized to be appropriated by
this Act for fiscal year 2010, not more than 90 percent may be
obligated or expended to support personnel and operations for
Department of Defense counterthreat finance efforts, except for
activities carried out by Department of Defense personnel and by
personnel employed pursuant to a contract entered into by the Secretary
of Defense, until the Secretary of Defense, in consultation with the
Secretary of State, the Secretary of the Treasury, and the Attorney
General, submits to the congressional defense committees a report on--
(1) the nature and extent of the mission of such
counterthreat finance efforts;
(2) the nature and extent of future cost requirements
associated with the mission;
(3) the nature and extent of Department of Defense
resources required to support the mission;
(4) the nature and extent of support, including personnel
and funding support, from other departments and agencies
required to execute the mission, including Department of
Defense force planning and funding initiatives; and
(5) the nature and extent of both existing and future
contractor support necessary to meet the mission requirements
of the mission.
(b) Counterthreat Finance Efforts Defined.--In this section, the
term ``counterthreat finance efforts'' has the meaning given that term
pursuant to the Department of Defense memorandum dated December 2,
2008, and entitled ``Directive-Type Memorandum 08-034-DOD Counterthreat
Finance Policy'' or any successor memorandum or related guidelines or
regulations.

SEC. 354. LIMITATION ON OBLIGATION OF FUNDS PENDING SUBMISSION OF
CLASSIFIED JUSTIFICATION MATERIAL.

Of the amounts authorized to be appropriated in this title for
fiscal year 2010 for the Office of the Secretary of Defense for budget
activity four, line 270, not more than 90 percent may be obligated
until 15 days after the information cited in the classified annex
accompanying this Act relating to the provision of classified
justification material to Congress is provided to the congressional
defense committees.

SEC. 355. CONDITION-BASED MAINTENANCE DEMONSTRATION PROGRAMS.

(a) Tactical Wheeled Vehicles Program.--The Secretary of the Army
may conduct a 12-month condition-based maintenance demonstration
program on tactical wheeled vehicles, specifically the high mobility
multi-purpose wheeled vehicle, the heavy expanded mobility tactical
truck and the family of medium tactical vehicles.
(b) Guided Missile Destroyer Program.--The Secretary of the Navy
may conduct a 12-month demonstration program on at least four systems
or components of the guided missile destroyer class of surface
combatant ships.
(c) Issues to Be Addressed.--The demonstration programs described
in subsections (a) and (b) shall address--
(1) the top 10 maintenance issues;
(2) non-evidence of failures; and
(3) projected return on investment analysis for a 10-year
period.
(d) Open Architecture.--The demonstration programs' design, system
integration, and operations shall be conducted with an open
architecture designed to--
(1) interface with the extensible markup language industry
standard to provide diagnostic and prognostic reasoning for
systems, subsystems or components;
(2) facilitate common software systems, diagnostics tools,
reference models, diagnostics reasoners, electronic libraries,
and user interfaces for multiple ship and vehicle types; and
(3) support the Department of Defense's Class V interactive
electronic technical manual operations.
(e) Report.--The Secretary of the Army and the Secretary of the
Navy shall submit a report to the congressional defense committees, not
later than October 1, 2010, that assesses whether the respective
military department could reduce maintenance costs and improve
operational readiness by implementing condition-based maintenance for
the current and future tactical wheeled vehicle fleets and Navy surface
combatants.

SEC. 356. STUDY ON DISTRIBUTION OF HEMOSTATIC AGENTS.

(a) Study.--Not later than December 31, 2009, the Secretary of
Defense shall carry out a study and submit to the congressional defense
committees a report on the distribution of hemostatic agents to members
of the Armed Forces serving in Iraq and Afghanistan, to ensure each
military service is complying with that service's policies with respect
to hemostatic agents, including a description of any distribution
problems and attempts to resolve such problems.
(b) Sense of Congress.--It is the sense of Congress that all
members of the Armed Force deployed in combat zones should carry life-
saving resources with them, including hemostatic agents.

SEC. 357. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (g)(1), by striking ``2010'' and
inserting ``2011''.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 421. Military personnel.
Sec. 422. Repeal of delayed one-time shift of military retirement
payments.

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2010, as follows:
(1) The Army, 547,400.
(2) The Navy, 328,800.
(3) The Marine Corps, 202,100.
(4) The Air Force, 331,700.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.

Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 547,400.
``(2) For the Navy, 328,800.
``(3) For the Marine Corps, 202,100.
``(4) For the Air Force, 331,700.''.

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE DUTY END
STRENGTHS FOR FISCAL YEARS 2011 AND 2012.

(a) Authority to Increase Army Active Duty End Strengths.--
(1) Authority.--For each of fiscal years 2011 and 2012, the
Secretary of Defense may, as the Secretary determines necessary
for the purposes specified in paragraph (2), establish the
active-duty end strength for the Army at a number greater than
the number otherwise authorized by law up to the number equal
to the fiscal-year 2010 baseline plus 30,000.
(2) Purpose of increases.--The purposes for which increases
may be made in Army active duty end strengths under paragraphs
(1) and (2) are--
(A) to support operational missions; and
(B) to achieve reorganizational objectives,
including increased unit manning, force stabilization
and shaping, and supporting wounded warriors.
(3) Fiscal-year 2010 baseline.--In this subsection, the
term ``fiscal-year 2010 baseline'', with respect to the Army,
means the active-duty end strength authorized for those
services in section 401(1).
(4) Active-duty end strength.--In this subsection, the term
``active-duty end strength'' means the strength for active-duty
personnel of one the Armed Forces as of the last day of a
fiscal year.
(b) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the President's authority under
section 123a of title 10, United States Code, to waive any statutory
end strength in a time of war or national emergency.
(c) Relationship to Other Variance Authority.--The authority under
subsection (a) is in addition to the authority to vary authorized end
strengths that is provided in subsections (e) and (f) of section 115 of
title 10, United States Code.
(d) Budget Treatment.--If the Secretary of Defense determines under
subsection (a) that an increase in the Army active duty end strength
for a fiscal year is necessary, then the budget for the Department of
Defense for that fiscal year as submitted to the President shall
include the amounts necessary for funding that active duty end strength
in excess of the fiscal year 2010 active duty end strength authorized
for the Army under section 401(1).

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2010, as follows:
(1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 65,500.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 69,500.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.

Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2010, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,818.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,555.
(6) The Air Force Reserve, 2,896.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as of the
last day of fiscal year 2010 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States,
27,210.
(3) For the Air Force Reserve, 10,417.
(4) For the Air National Guard of the United States,
22,313.

SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.

(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2010, may not exceed the following:
(A) For the Army National Guard of the United
States, 2,191.
(B) For the Air National Guard of the United
States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2010, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2010, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
(c) Conforming Amendment to Statutory Limitation.--Section
10217(c)(2) of title 10, United States Code, is amended by striking
``1,950'' and inserting ``2,541''.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2010, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.

SEC. 416. SUBMISSION OF OPTIONS FOR CREATION OF TRAINEES, TRANSIENTS,
HOLDEES, AND STUDENTS ACCOUNT FOR ARMY NATIONAL GUARD.

(a) Report Required.--Not later than February 1, 2010, the
Secretary of the Army shall submit to the congressional defense
committees a report evaluating options, and including a recommendation,
for the creation of a Trainees, Transients, Holdees, and Students
Account within the Army National Guard.
(b) Elements of Report.--At a minimum, the report shall address--
(1) the timelines, cost, force structure changes, and end
strength changes associated with each option;
(2) the force structure and end strength changes and growth
of the Army National Guard needed to support such an account;
(3) how creation of such an account may affect plans under
the Grow the Force initiative; and
(4) the impact of such an account on readiness and training
ratings for Army National Guard forces.
(c) Sense of Congress Regarding Army National Guard End Strength.--
(1) Findings.--Congress finds the following:
(A) The President's budget for fiscal year 2010
included a 2.82 percent increase in end strength for
the Army, but only a 1.59 percent end strength increase
for the Army National Guard.
(B) The disproportionate growth in the end
strengths of the reserve components is inconsistent
with the emphasis placed by the Department of Defense
on responding to asymmetric threats at home and abroad.
(2) Sense of congress.--In light of such findings, Congress
is concerned about unit readiness and the effect of pre-
deployment cross-leveling on the Army National Guard and it is
the sense of Congress that an increase in Army National Guard
end strength should be considered in the deliberations of the
next quadrennial defense review conducted under section 118 of
title 10, United States Code.

Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2010 a total of
$135,723,781,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2010.

SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILITARY RETIREMENT
PAYMENTS.

(a) Repeal.--Section 1002 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4581) is repealed.
(b) Effect on Earlier Transfer.--The repeal of section 1002 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
by subsection (a) shall not affect the validity of the transfer of
funds made pursuant to subsection (e) of such section before the date
of the enactment of this Act.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Military Personnel Policy Generally

Sec. 511. Revisions to annual reporting requirement on joint officer
management.
Subtitle C--General Service Authorities

Subtitle A--Military Personnel Policy Generally

SEC. 501. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM NUMBER OF DAYS'
LEAVE MEMBERS MAY ACCUMULATE AND CARRYOVER.

Section 701(d) of title 10, United States Code, is amended by
striking ``December 31, 2010'' and inserting ``December 31, 2012''.

SEC. 502. RANK REQUIREMENT FOR OFFICER SERVING AS CHIEF OF THE NAVY
DENTAL CORPS TO CORRESPOND TO ARMY AND AIR FORCE
REQUIREMENTS.

Section 5138(a) of title 10, United States Code, is amended--
(1) by striking ``not below the grade of rear admiral
(lower half) shall be detailed'' and inserting ``shall be
appointed''; and
(2) by adding at the end the following new sentence: ``An
appointee who holds a lower regular grade shall be appointed as
Chief of the Dental Corps in the regular grade of rear
admiral.''.

SEC. 503. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED MEMBERS OF
THE NAVY WHO COMPLETE THE SEAMAN TO ADMIRAL (STA-21)
OFFICER CANDIDATE PROGRAM.

Section 6328 of title 10, United States Code, is amended by adding
the following new subsection:
``(c) Time Spent in Seaman to Admiral Program.--The months of
active service after January 1, 2011, in pursuit of a baccalaureate-
level degree under the Seaman to Admiral (STA-21) program of the Navy
for officer candidates selected for the program after January 11, 2010,
shall be excluded in computing the years of service of an officer who
was appointed to the grade of ensign in the Navy upon completion of the
program to determine the eligibility of the officer for voluntary
retirement. Such active service shall be counted in computing the years
of active service of the officer for all other purposes.''.

Subtitle B--Joint Qualified Officers and Requirements

SEC. 511. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT OFFICER
MANAGEMENT.

Section 667 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and their
education and experience''; and
(B) by adding at the end the following new
subparagraph:
``(C) A comparison of the number of officers who were
designated as a joint qualified officer who had served in a
Joint Duty Assignment List billet and completed Joint
Professional Military Education Phase II, with the number
designated as a joint qualified officer based on their
aggregated joint experiences and completion of Joint
Professional Military Education Phase II.''.
(2) by striking paragraphs (3), (4), (6), and (12);
(3) by redesignating paragraph (5) as paragraph (3);
(4) by redesignating paragraphs (7) through (11) as
paragraphs (4) through (8), respectively;
(5) by inserting after paragraph (8), as so redesignated,
the following new paragraph:
``(9) With regard to the principal courses of instruction
for Joint Professional Military Education Level II, the number
of officers graduating from each of the following:
``(A) The Joint Forces Staff College.
``(B) The National Defense University.
``(C) Senior Service Schools.''; and
(6) by redesignating paragraph (13) as paragraph (10).

Subtitle C--General Service Authorities

SEC. 521. MEDICAL EXAMINATION REQUIRED BEFORE SEPARATION OF MEMBERS
DIAGNOSED WITH OR ASSERTING POST-TRAUMATIC STRESS
DISORDER OR TRAUMATIC BRAIN INJURY.

(a) Medical Examination Required.--
(1) In general.--Chapter 59 of title 10, United States
Code, is amended by inserting after section 1176 the following
new section:
``Sec. 1177. Members diagnosed with or asserting post-traumatic stress
disorder or traumatic brain injury: medical examination
required before separation
``(a) Medical Examination Required.--(1) If a member of the armed
forces who has been deployed overseas in support of a contingency
operation is diagnosed by a physician, clinical psychologist, or
psychiatrist as experiencing post-traumatic stress disorder or
traumatic brain injury or otherwise asserts the influence of such a
condition, the Secretary concerned may not authorize the involuntarily
separation of the member or separation of the member under conditions
other than honorable until after the member receives a medical
examination to evaluate a diagnosis of post-traumatic stress disorder
or traumatic brain injury.
``(2) In a case involving post-traumatic stress disorder, the
medical examination shall be performed by a clinical psychologist or
psychiatrist. In other cases, the examination may be performed by a
physician, clinical psychologist, psychiatrist, or other health care
professional, whoever is determined to be most appropriate.
``(b) Purpose of Medical Examination.--The medical examination
required by subsection (a) shall endeavor to assess the degree to which
the behavior of the member, on which the initial recommendation for an
involuntarily separation or separation under conditions other than
honorable is based, has been affected by post-traumatic stress disorder
or traumatic brain injury.
``(c) Secretarial Discretion.--The Secretary concerned shall review
the medical examination performed under subsection (a) with respect to
a member, and the findings and conclusions of any physical evaluation
board conducted with respect the member, to determine the appropriate
course of action with regard to the separation of the member.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1176 the following new item:

``1177. Members diagnosed with or asserting post-traumatic stress
disorder or traumatic brain injury:
physical evaluation board review before
separation.''.
(b) Review of Previous Discharges and Dismissals.--Section 1553 of
such title is amended by adding at the end the following new
subsection:
``(d)(1) In the case of a former member of the armed forces who,
while a member, was deployed in support of a contingency operation and
who, at any time after such deployment, was diagnosed by a physician,
clinical psychologist, or psychiatrist as experiencing post-traumatic
stress disorder or traumatic brain injury, a board established under
this section to review the former member's discharge or dismissal shall
include a member who is a physician, clinical psychologist, or
psychiatrist.
``(2) In the case of a former member described in paragraph (1) or
a former member whose case involves personal health care issues as
supporting rationale or as justification for priority consideration,
the Secretary concerned shall render a final decision within 6 months
of the receipt of an application to review a discharge or dismissal.
The Secretary may delay a final decision beyond 6 months if the
Secretary determines that, due to administrative reasons or to serve
the best interest of the former member, a final decision cannot be
rendered within such 6-month period.
``(3) When authorized by a former member described in paragraph (1)
or (2), a Member of Congress shall be advised of the decision of the
board conducting the review of the former member's discharge or
dismissal and the rationale used to support the decision.''.

SEC. 522. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION GUIDES AND
EDUCATION PROGRAMS IN IMPROVING QUALIFICATIONS OF
RECRUITS FOR THE ARMED FORCES.

Section 546(d) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2215) is
amended--
(1) in the second sentence, by striking ``in training and
unit settings'' and inserting ``during training and unit
assignments''; and
(2) by adding at the end the following new sentence: ``Data
to make the comparison between the two groups shall be derived
from existing sources, which may include performance ratings,
separations, promotions, awards and decorations, and
reenlistment statistics.''.

SEC. 523. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE OF RELEASE OR
DISCHARGE FROM ACTIVE DUTY (DD FORM 214).

Section 596 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is amended--
(1) by inserting ``(a) Election to Forward Certificate to
VA Offices.--'' before ``The Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Inclusion of Email Address.--The Secretary of Defense shall
further modify the DD Form 214 in order to permit a member of the Armed
Forces to include an email address on the form.''.

SEC. 524. PROHIBITION ON RECRUITMENT, ENLISTMENT, OR RETENTION OF
PERSONS ASSOCIATED OR AFFILIATED WITH GROUPS ASSOCIATED
WITH HATE-RELATED VIOLENCE AGAINST GROUPS OR PERSONS OR
THE UNITED STATES GOVERNMENT.

Section 504 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Persons Associated or Affiliated With Hate Groups.--
``(1) Prohibition.--A person associated or affiliated with
a group associated with hate-related violence against groups or
persons or the United States Government, as determined by the
Attorney General, may not be recruited, enlisted, or retained
in the armed forces.
``(2) Definition of hate group.--In this subsection, the
terms `group associated with hate-related violence' or `hate
group' mean the following:
``(A) Groups or organizations that espouse or
engage in acts of violence against other groups or
minorities based on ideals of hate, ethnic supremacies,
white supremacies, racism, anti-Semitism, xenophobia,
or other bigotry ideologies.
``(B) Groups or organizations engaged in criminal
gang activity including drug and weapons trafficking
and smuggling.
``(C) Groups or organizations that espouse an
intention or expectation of armed revolutionary
activity against the United States Government, or the
violent overthrow of the United States Government.
``(D) Groups or organizations that espouse an
intention or expectation of armed activity in a `race
war'.
``(E) Groups or organizations that encourage
members to join the armed forces in order to obtain
military training to be used for acts of violence
against minorities, other groups, or the United States
Government.
``(F) Groups or organizations that espouse violence
based on race, creed, religion, ethnicity, or sexual
orientation.
``(G) Other groups or organizations that are
determined by the Attorney General to be of a violent,
extremist nature.
``(3) Evidence of association or affiliation with hate
group.--The following shall constitute evidence that a person
is associated or affiliated with a group associated with hate-
related violence:
``(A) Individuals possessing tattoos or other body
markings indicating association or affiliation with a
hate group.
``(B) Individuals known to have attended meetings,
rallies, conferences, or other activities sponsored by
a hate group.
``(C) Individuals known to be involved in online
activities with a hate group, including being engaged
in online discussion groups or blog or other postings
that support, encourage, or affirm the group's
extremist or violent views and goals.
``(D) Individuals who are known to have in their
possession photographs, written testimonials (including
diaries or journals), propaganda, or other materials
indicating involvement or affiliation with a hate
group. Such materials can include photographs, written
materials relating to or referring to extreme hatred
that are clearly not of an academic nature, possession
of objects that venerate or glorify hate-inspired
violence, and related materials, as determined by the
Attorney General.
``(E) Individuals espousing the intent to acquire
military training for the purpose of using such
training towards committing acts of violence of a
purpose not affiliated with the armed forces.
``(4) Requirements for recruiters and enlistment processing
stations.--A military recruiters may not enlist, or assist in
enlisting, a person who is associated or affiliated with a
group associated with hate-related violence, as evidenced
pursuant to paragraph (3). A person at any military enlistment
processing station who, during the screening process, is found
to be affiliated or associated with a hate group (including
through admitting to any such affiliation or association on any
form or document) is automatically prohibited from enlisting.
``(5) Separation.--
``(A) Separation required.--A person discovered or
determined to be associated or affiliated with a group
associated with hate-related violence, as evidenced
pursuant to paragraph (3), shall be immediately
discharged from the armed forces, in the manner
prescribed in regulations regarding discharge from
service.
``(B) Exception.--Subparagraph (A) shall not apply
to a member of the armed forces who has renounced the
member's previous affiliation or association with a
group associated with hate-related violence, as
determined by the commanding officer of the member.
``(6) Reporting requirement.--Not later than April 1, 2010,
and annually thereafter, the Secretary concerned shall submit
to the Committees on Armed Service of the Senate and House of
Representatives a report--
``(A) on the presence in the armed forces of
members who are associated or affiliated with a group
associated with hate-related violence and describing
the actions of the Secretary to discharge such members;
and
``(B) describing the actions of the Secretary to
prevent persons who are associated or affiliated with a
hate group from enlisting.''.

SEC. 525. SECURE ELECTRONIC DELIVERY OF CERTIFICATE OF RELEASE OR
DISCHARGE FROM ACTIVE DUTY (DD FORM 214).

Section 596 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note), as amended by
section 523, is further amended by adding at the end the following new
subsection:
``(c) Secure Method of Electronic Delivery.--
``(1) Development and implementation.--The Secretary of
Veterans Affairs, in consultation with the Secretary of
Defense, shall develop and implement a secure electronic method
of forwarding the DD Form 214 to the appropriate office
specified in subsection (a)(2). The Secretary of Veterans
Affairs shall ensure that the method permits such offices to
access the forms electronically using current computer
operating systems.
``(2) Authority to cease delivery.--In developing the
secure electronic method of forwarding DD Forms 214, the
Secretary of Veterans Affairs shall ensure that the information
provided is not disclosed or used for unauthorized purposes and
may cease forwarding the forms electronically to an office
specified in subsection (a)(2) if demonstrated problems
arise.''.

Subtitle D--Education and Training

SEC. 531. 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.

Section 2107a(h) of title 10, United States Code, is amended--
(1) by striking ``17 cadets'' and inserting ``22 cadets'';
(2) by striking ``17 members'' and inserting ``22
members''; and
(3) by striking ``17 such members'' and inserting ``22 such
members''.

SEC. 532. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS AUTHORIZED FOR
ADMISSION TO NATIONAL DEFENSE UNIVERSITY.

Section 2167(a) of title 10, United States Code, is amended by
striking ``10 full-time student positions'' and inserting ``20 full-
time student positions''.

SEC. 533. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM NOMINATIONS
MADE BY DELEGATE FROM THE COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS.

(a) United States Military Academy.--Section 4342(a)(10) of title
10, United States Code, is amended by striking ``One cadet'' and
inserting ``Two cadets''.
(b) United States Naval Academy.--Section 6954(a)(10) of such title
is amended by striking ``One'' and inserting ``Two''.
(c) United States Air Force Academy.--Section 9342(a)(10) of such
title is amended by striking ``One cadet'' and inserting ``Two
cadets''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to appointments to the United States Military
Academy, the United States Naval Academy, and the United States Air
Force Academy beginning with the first class of candidates nominated
for appointment to these military service academies after the date of
the enactment of this Act.

SEC. 534. PILOT PROGRAM TO ESTABLISH AND EVALUATE LANGUAGE TRAINING
CENTERS FOR MEMBERS OF THE ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

(a) Pilot Program Required.--The Secretary of Defense shall carry
out a pilot program to establish at least three Language Training
Centers at accredited universities, senior military colleges, or other
similar institutions of higher education to create the foundational
critical and strategic language and regional area expertise, as defined
by the Secretary of Defense, for members of the Armed Forces, including
reserve component members and Reserve Officers' Training Corps
candidates, and civilian employees of the Department of Defense.
(b) Duration.--
(1) Termination date.--The Language Training Centers under
the pilot program shall be established not later than October
1, 2010, and the authority to support the Language Training
Centers under the pilot program shall terminate on September
30, 2015.
(2) Effect on participants.--Students participating in the
pilot program before the termination date specified in
paragraph (1) may be allowed to complete their studies under
the program after that date.
(c) Pilot Program Requirements.--At a minimum, the Language
Training Centers shall--
(1) develop a program to graduate members of the Armed
Forces and civilian employees of the Department who are skilled
in critical and strategic languages from beginning through
advanced skill levels;
(2) develop language proficiency training programs in
designated critical and strategic languages tailored to meet
operational readiness requirements;
(3) develop alternative training delivery systems and
modalities to meet language and regional area requirements,
prior to deployment, during deployment, and post-deployment;
(4) develop critical and strategic language programs that
can be incorporated into Reserve Officers' Training Corps units
to develop language skills among future military officers;
(5) develop training and education programs that would
expand the pool of qualified instructors and educators for the
Armed Forces; and
(6) develop a program to encourage native and heritage
speakers of critical and strategic languages for recruitment
into the Department of Defense or support the Civilian Linguist
Reserve Corps.
(d) Program Expansion.--The Language Training Centers may partner
with elementary and secondary educational institutions to help develop
critical and strategic language skills in students who may pursue a
military career.
(e) Program Coordination.--The Secretary of Defense shall ensure
that the Language Training Centers build upon and take advantage of the
experience and leadership of the National Security Education Program
and the Defense Language Institute.
(f) Evaluation.--The Secretary of Defense shall evaluate each
Language Training Center in order to assess the cost and the
effectiveness of the pilot program, including the following:
(1) The success of the Language Training Center in
providing critical and strategic language capabilities to
members and Department of Defense employees.
(2) The ability of the Language Training Center to create
foundational critical and strategic language and regional area
expertise in support of the Defense Language Transformation
Roadmap;
(g) Report to Congress.--Not later than December 31, 2015, the
Secretary of Defense shall submit to the congressional defense
committees a report on the pilot program. The report shall include the
following:
(1) A description of each Language Training Center.
(2) An assessment of the effectiveness and the cost of the
pilot program taken to create the foundational critical and
strategic language and regional area expertise in support of
the Defense Language Transformation Roadmap.
(3) The success of each Language Training Center to provide
critical and strategic language capabilities to members and
Department of Defense employees.
(4) Recommendations as to whether the pilot programs should
be continued, and any modifications that may be necessary to
continue the program.

SEC. 535. USE OF ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND
FINANCIAL ASSISTANCE PROGRAM TO INCREASE NUMBER OF HEALTH
PROFESSIONALS WITH SKILLS TO ASSIST IN PROVIDING MENTAL
HEALTH CARE.

(a) Additional Element Within Scholarship Program.--Section 2121(a)
of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``in the various health professions'' and
inserting ``(A) in the various health professions or (B) as a
health professional with specific skills to assist in providing
mental health care to members of the armed forces''; and
(3) by adding at the end the following new paragraph:
``(2) Under the program of a military department, the Secretary of
that military department shall allocate a portion of the total number
of scholarships to members of the program described in paragraph (1)(B)
for the purpose of assisting such members to pursue a degree at the
masters and doctoral level in any of the following disciplines:
``(A) Social work.
``(B) Clinical psychology.
``(C) Psychiatry.
``(D) Other disciplines that contribute to mental health
care programs in that military department.''.
(b) Authorized Number of Members of the Program.--Section 2124 of
such title is amended--
(1) by striking ``The number'' and inserting ``(a)
Authorized Number of Members of the Program.--The number'';
(2) by striking ``6,000'' and inserting ``6,300''; and
(3) by adding at the end the following new subsection:
``(b) Mental Health Professionals.--Of the number of persons
designated as members of the program at any time, 300 may be members of
the program described in section 2121(a)(1)(B) of this title.''.
(c) Funding Source.--Of the amounts authorized to be appropriated
to the Department of Defense for military personnel accounts for fiscal
year 2010, not more than $20,000,000 shall be available to cover the
additional costs incurred to implement the amendments made by this
section.

SEC. 536. ESTABLISHMENT OF JUNIOR RESERVE OFFICER'S TRAINING CORPS
UNITS FOR STUDENTS IN GRADES ABOVE SIXTH GRADE.

Section 2031 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g)(1) In addition to units of the Junior Reserve Officers'
Training Corps established at public and private secondary educational
institutions under subsection (a), the Secretary of each military
department may carry out a pilot program to establish and support units
at public and private educational institutions that are not secondary
educational institutions to permit the enrollment of students in the
Corps who, notwithstanding the limitation in subsection (b)(1), are in
a grade above the sixth grade.
``(2) A unit of the Junior Reserve Officers' Training Corps
established and supported under the pilot program must meet the
requirements of this section, except--
``(A) as provided in paragraph (1) with respect to the
grades in which students are enrolled; and
``(B) that the Secretary of the military department
concerned may authorize a course of military instruction of not
less than two academic years' duration, notwithstanding
subsection (b)(3).
``(3) The Secretary of the military department concerned shall
conduct a review of the pilot program. The review shall include an
evaluation of what impacts, if any, the pilot program may have on the
operation of the Junior Reserve Officers' Training Corps in secondary
educational institutions.''.

SEC. 537. AIR FORCE ACADEMY ATHLETIC ASSOCIATION.

(a) In General.--Chapter 903 of title 10, United States Code, is
amended by inserting after section 9359 the following new section:
``Sec. 9359a. Air Force Academy Athletic Association: authorization,
purpose, and governance
``(a) Establishment Authorized.--The Secretary of the Air Force may
establish a nonprofit corporation, to be known as the `Air Force
Academy Athletic Association', to support the athletic program of the
Air Force Academy.
``(b) Organization and Duties.--(1) The Air Force Academy Athletic
Association (in this section referred to as the `Association') shall be
organized and operated as a nonprofit corporation under section
501(c)(3) of the Internal Revenue Code of 1986 and under the powers and
authorities set forth in this section and the provisions of the laws of
the State of incorporation. The Association shall operate on a
nonpartisan basis exclusively for charitable, educational, and civic
purposes consistent with the authorities referred to in this subsection
to support the athletic program of the Academy.
``(2) Subject to the approval of the Secretary of the Air Force,
the Association may--
``(A) operate and manage athletic and revenue generating
facilities on Academy property;
``(B) use Government facilities, utilities, and services on
the Academy, without charge, in support of its mission;
``(C) sell products to the general public on or off
Government property;
``(D) charge market-based fees for admission to Association
events and other athletic or athletic-related events at the
Academy and for use of Academy athletic facilities and
property; and
``(E) engage in other activities, consistent with the
Academy athletic mission as determined by the Board of
Directors.
``(c) Board of Directors.--(1) The Association shall be governed by
a Board of Directors made up of at least nine members. The members,
other than the member referred to in paragraph (2), shall serve without
compensation, except for reasonable travel and other related expenses
for attendance at required meetings.
``(2) The Director of Athletics at the Academy shall be a standing
member of the Board as part of the Director's duties as the Director of
Athletics.
``(3) Subject to the prior approval of all nominees for appointment
by the Secretary of the Air Force, the Superintendent shall appoint the
remaining members of the Board.
``(4) The Secretary of the Air Force shall select one of the
members of the Board appointed under paragraph (3) to serve as
chairperson of the Board.
``(d) Bylaws.--Not later than July 1, 2010, the Association shall
propose its by-laws. The Association shall submit the by-laws, and all
future changes to the by-laws, to the Secretary of the Air Force for
review and approval. The by-laws shall be made available to Congress
for review.
``(e) Transition From Nonappropriated Fund Operation.--(1) Until
September 30, 2011, the Secretary of the Air Force may provide for
parallel operations of the Association and the Air Force
nonappropriated fund instrumentality whose functions include providing
support for the athletic program of the Academy. Not later than that
date, the Secretary shall dissolve the nonappropriated fund
instrumentality and transfer its assets and liabilities to the
Association.
``(2) The Secretary may transfer title and ownership to all the
assets and liabilities of the nonappropriated fund instrumentality
referred to in paragraph (1), including bank accounts and financial
reserves in its accounts, equipment, supplies, and other personal
property without cost or obligation to the Association.
``(f) Contracting Authorities.--(1) The Superintendent may procure,
at fair and reasonable prices, such athletic goods, services, human
resources, and other support from the Association as the Superintendent
considers appropriate to support the athletic program of the Academy.
The Association shall be exempt from the requirements of section 2533a
of this title and the Buy American Act (41 U.S.C. 10a et seq.).
``(2) The Superintendent may accept from the Association funds,
goods, and services for use by cadets and Academy personnel during
participation in, or in support of, Academy or Association contests,
events, and programs.
``(g) Use of Air Force Personnel.--Air Force personnel may
participate in--
``(1) the management, operation, and oversight of the
Association;
``(2) events and athletic contests sponsored by the
Association; and
``(3) management and sport committees for the National
Collegiate Athletic Association and other athletic conferences
and associations.
``(h) Funding Authority.--The authorization of appropriations for
the operation and maintenance of the Academy includes Association
operations in support of the Academy athletic program, as approved by
the Secretary of the Air Force.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
9359 the following new item:

``9359a. Air Force Academy Athletic Association: authorization,
purpose, and governance.''.

Subtitle E--Defense Dependents' Education

SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2010 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $50,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for fiscal year 2010 pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$15,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of such
section 572.
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).

SEC. 552. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS FOR LOCAL
EDUCATIONAL AGENCIES FOR RECEIPT OF BASIC SUPPORT
PAYMENTS UNDER IMPACT AID.

Section 8003(a)(2)(C)(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended by striking
``6,500'' and inserting ``5,000''.

SEC. 553. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE DEPENDENTS'
EDUCATION SYSTEM OF DEPENDENTS OF FOREIGN MILITARY
MEMBERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED POWERS,
EUROPE.

(a) Permanent Enrollment Authority.--Subsection (a)(2) of section
1404A of the Defense Dependents' Education Act of 1978 (20 U.S.C. 923a)
is amended by striking ``, and only through the 2010-2011 school
year''.
(b) Combatant Commander Advice and Assistance.--Subsection (c)(1)
of such section is amended by adding at the end the following new
sentence: ``The Secretary shall prescribe such methodology with the
advice and assistance of the commander of the geographic combatant
command with jurisdiction over Mons, Belgium.''.

Subtitle F--Missing or Deceased Persons

SEC. 561. ADDITIONAL REQUIREMENTS FOR ACCOUNTING FOR MEMBERS OF THE
ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES
LISTED AS MISSING IN CONFLICTS OCCURRING BEFORE ENACTMENT
OF NEW SYSTEM FOR ACCOUNTING FOR MISSING PERSONS.

(a) Imposition of Additional Requirements.--Section 1509 of title
10, United States Code, is amended to read as follows:
``Sec. 1509. Program to resolve preenactment missing person cases
``(a) Program Required; Covered Conflicts.--The Secretary of
Defense shall implement a comprehensive, coordinated, integrated, and
fully resourced program to account for persons described in
subparagraph (A) or (B) of section 1513(1) of this title who are
unaccounted for from the following conflicts:
``(1) World War II during the period beginning on December
7, 1941, and ending on December 31, 1946, including members of
the Armed Forces who were lost during flight operations in the
Pacific theater of operations covered by section 576 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 624; 10 U.S.C. 1501 note).
``(2) The Cold War during the period beginning on September
2, 1945, and ending on August 21, 1991.
``(3) The Korean War during the period beginning on June
27, 1950, and ending on January 31, 1955.
``(4) The Indochina War era during the period beginning on
July 8, 1959, and ending on May 15, 1975.
``(5) The Persian Gulf War during the period beginning on
August 2, 1990, and ending on February 28, 1991.
``(6) Such other conflicts in which members of the armed
forces served as the Secretary of Defense may designate.
``(b) Implementation Process.--(1) The Secretary of Defense shall
implement the program within the Department of Defense POW/MIA
accounting community.
``(2) For purposes of paragraph (1), the term `POW/MIA accounting
community' means--
``(A) The Defense Prisoner of War/Missing Personnel Office
(DPMO).
``(B) The Joint POW/MIA Accounting Command (JPAC).
``(C) The Armed Forces DNA Identification Laboratory
(AFDIL).
``(D) The Life Sciences Equipment Laboratory of the Air
Force (LSEL).
``(E) The casualty and mortuary affairs offices of the
military departments.
``(F) Any other element of the Department of Defense the
mission of which (as designated by the Secretary of Defense)
involves the accounting for and recovery of members of the
armed forces who are missing in action or prisoners of war or
who are unaccounted for, such as the Stony Beach Program.
``(c) Treatment as Missing Persons.--Each unaccounted for person
covered by subsection (a) shall be considered to be a missing person
for purposes of the applicability of other provisions of this chapter
to the person.
``(d) Establishment of Personnel Files.--(1) The Secretary of
Defense shall ensure that a personnel file is established and
maintained for each person covered by subsection (a) if the Secretary--
``(A) possesses any information relevant to the status of
the person; or
``(B) receives any new information regarding the missing
person as provided in subsection (d).
``(2) The Secretary of Defense shall ensure that each file
established under this subsection contains all relevant information
pertaining to a person covered by subsection (a) and is readily
accessible to all elements of the department, the combatant commands,
and the armed forces involved in the effort to account for the person.
``(3) Each file established under this subsection shall be handled
in accordance with, and subject to the provisions of, section 1506 of
this title in the same manner as applies to the file of a missing
person otherwise subject to such section.
``(e) Review of Status Requirements.--(1) If new information (as
described in paragraph (3)) is found or received that may be related to
one or more unaccounted for persons covered by subsection (a), whether
or not such information specifically relates (or may specifically
relate) to any particular such unaccounted for person, that information
shall be provided to the Secretary of Defense.
``(2) Upon receipt of new information under paragraph (1), the
Secretary shall ensure that--
``(A) the information is treated under paragraph (2) of
subsection (c) of section 1505 of this title, relating to
addition of the information to the personnel file of a person
and notification requirements, in the same manner as
information received under paragraph (1) under such subsection;
and
``(B) the information is treated under paragraph (3) of
subsection (c) and subsection (d) of such section, relating to
a board review under such section, in the same manner as
information received under paragraph (1) of such subsection
(c).
``(3) For purposes of this subsection, new information is
information that is credible and that--
``(A) is found or received after November 18, 1997, by a
United States intelligence agency, by a Department of Defense
agency, or by a person specified in section 1504(g) of this
title; or
``(B) is identified after November 18, 1997, in records of
the United States as information that could be relevant to the
case of one or more unaccounted for persons covered by
subsection (a).
``(f) Coordination Requirements.--(1) In establishing and carrying
out the program, the Secretary of Defense shall coordinate with the
Secretaries of the military departments, the Chairman of the Joint
Chiefs of Staff, and the combatant commanders.
``(2) In carrying out the program, the Secretary of Defense shall
establish close coordination with the Department of State, the Central
Intelligence Agency, and the National Security Council to enhance the
ability of the Department of Defense POW/MIA accounting community to
account for persons covered by subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 76 of such title is amended by striking the item relating to
section 1509 and inserting the following new section:

``1509. Program to resolve preenactment missing person cases.''.
(c) Conforming Amendment.--Section 1513(1) of such title is amended
in the matter after subparagraph (B) by striking ``section 1509(b) of
this title who is required by section 1509(a)(1) of this title'' and
inserting ``subsection (a) of section 1509 of this title who is
required by subsection (b) of such section''.
(d) Implementation.--
(1) Priority.--A priority of the program required by
section 1509 of title 10, United States Code, as amended by
subsection (a), to resolve missing person cases arising before
the enactment of chapter 76 of such title by section 569 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 336) shall be the return of missing
persons to United States control alive.
(2) Accounting for goal.--In implementing the program, the
Secretary of Defense, in coordination with the officials
specified in subsection (f)(1) of section 1509 of title 10,
United States Code, shall take such measures as the Secretary
considers appropriate to increase significantly the capability
and capacity of the Department of Defense, the Armed Forces,
and combatant commanders to account for missing persons, as
defined by section 1513(3)(B) of such title. Such measures
shall include fully funding, manning, and resourcing the
Department of Defense-wide effort to ensure that, at a
minimum--
(A) 200 missing persons are accounted for under the
program annually beginning with fiscal year 2015; and
(B) 350 missing persons are accounted for under the
program annually beginning with fiscal year 2020.

SEC. 562. CLARIFICATION OF GUIDELINES REGARDING RETURN OF REMAINS AND
MEDIA ACCESS AT CEREMONIES FOR THE DIGNIFIED TRANSFER OF
REMAINS AT DOVER AIR FORCE BASE.

(a) Prompt Return.--The remains of a deceased member of the Armed
Forces shall be recovered from the theater of combat operations and
returned to the United States via the Dover Port Mortuary without delay
unless very specific extenuating circumstances presented by the person
designated pursuant to section 1482(c) of title 10, United States Code,
to direct disposition of the remains of the decedent (in this section
referred to as the ``primary next of kin'') dictate otherwise and can
reasonably be accommodated by the Department.
(b) Media Access.--
(1) Decision of primary next of kin.--The primary next of
kin of a deceased member of the Armed Forces shall make the
family decision regarding media access at ceremonies for the
dignified transfer of the remains of the decedent at Dover Air
Force Base. The option to allow media access shall be briefed
to the primary next of kin at the time of initial notification
or as soon as practicable thereafter. Media access to dignified
transfers shall only be permitted with the approval of the
primary next of kin. Media contact, filming or recording of
family members shall be permitted only if specifically
requested by the primary next of kin.
(2) Relation to current dod casualty information policy.--
Media access approved by the primary next of kin shall waive
the Department of Defense policy on 24-hour delay in release of
casualty information to the media and general public for that
specific case.
(3) Member preference.--The Secretary of Defense shall
develop a long-term plan to obtain the preference of members of
the Armed Forces regarding media access at ceremonies for the
dignified transfer of the remains of the member if they ever
become a casualty.
(c) Travel and Transportation Allowance.--The Secretary of a
military department shall provide the primary next of kin and two
additional family members of a deceased member of the Armed Forces with
travel to, and from, Dover Air Force Base via Invitational Travel
Authorizations to attend the dignified transfer ceremony. The Secretary
may include additional family members on a case-by-case basis. At the
discretion of the Secretary, and at the request of the primary next of
kin, the service casualty assistance officer or family liaison officer
may escort and accompany the primary next of kin to the dignified
transfer ceremony.
(d) Effective Date.--This section shall take effect 1 year after
the date of the enactment of this Act.

SEC. 563. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO DESIGNATE
PERSONS TO DIRECT DISPOSITION OF THE REMAINS OF A
DECEASED MEMBER.

Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
evaluating the potential effects of expanding the list of persons under
section 1482(c) of title 10, United States Code, who may be designated
by a member of the Armed Forces as the person authorized to direct
disposition of the remains of the member if the member is deceased.

SEC. 564. SENSE OF CONGRESS REGARDING THE RECOVERY OF THE REMAINS OF
MEMBERS OF THE ARMED FORCES WHO WERE KILLED DURING WORLD
WAR II IN THE BATTLE OF TARAWA ATOLL.

(a) Findings.--Congress makes the following findings:
(1) On November 20, 1943, units of the United States Marine
Corps, supported by units of the United States Army and
warships and aircraft of the United States Navy, conducted an
amphibious landing on the Island of Betio, Tarawa Atoll, in the
Gilbert Islands in the Pacific Ocean.
(2) The United States military forces faced an entrenched
force of 5,000 Japanese soldiers.
(3) The Tarawa landing was the first American amphibious
assault on a fortified beachhead in World War II.
(4) Just 76 hours later, the American flag was raised at
Tarawa.
(5) More than 1,100 Marines and other members of the Armed
Forces were killed during the battle.
(6) Most of the Marines, soldiers, and sailors who were
killed during the battle were buried in hastily dug graves and
cemeteries on Tarawa.
(7) Between 1943 and 1946, the remains of some of the
Marines and other members of the Armed Forces were disinterred
and reinterred in temporary graves by the Navy.
(8) After World War II, the remains of some of these
Marines and other members of the Armed Forces were recovered
and returned to the United States for burial.
(9) Due to mistakes in reinterment, poor records, as well
as other causes, the remains of 564 Marines and other members
of the Armed Forces killed in the battle of Tarawa are in
unmarked, unknown graves.
(10) Since 1980, the Department of Defense has recovered
remains from some unmarked graves that have been found through
construction or other activity on Tarawa.
(11) The remains of members of the Armed Forces on Tarawa
continue to be threatened by construction or other land
disturbing activity.
(12) Recent research has shed new light on the locations of
unmarked and lost graves of members of the Armed Forces on
Tarawa.
(13) It is the responsibility of the Federal Government to
return to the United States for proper burial and respect all
members of the Armed Forces killed at Tarawa who lie in
unmarked and lost graves.
(b) Sense of Congress.--In light of these findings, Congress--
(1) reaffirms its support for the recovery and return to
the United States of the remains of members of the Armed Forces
killed in battle, and for the efforts by the Joint POW-MIA
Accounting Command to recover the remains of members of the
Armed Forces from all wars;
(2) recognizes the courage and sacrifice of the members of
the Armed Forces who fought on Tarawa;
(3) acknowledges the dedicated research and efforts by
persons to identify, locate, and advocate for the recovery of
remains from Tarawa; and
(4) encourages the Department of Defense to review this
research and, as appropriate, pursue new efforts to conduct
field studies, new research, and undertake all feasible efforts
to recover, identify, and return remains of members of the
Armed Forces from Tarawa.

Subtitle G--Decorations and Awards

SEC. 571. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO PARTICIPATED
IN MAYAGUEZ RESCUE OPERATION.

(a) In General.--The Secretary of the military department concerned
shall, upon the application of an individual who is an eligible
veteran, award that individual the Vietnam Service Medal,
notwithstanding any otherwise applicable requirements for the award of
that medal. Any such award shall be made in lieu of any Armed Forces
Expeditionary Medal awarded the individual for the individual's
participation in the Mayaguez rescue operation.
(b) Eligible Veteran.--For purposes of this section, the term
``eligible veteran'' means a member or former member of the Armed
Forces who was awarded the Armed Forces Expeditionary Medal for
participation in military operations known as the Mayaguez rescue
operation of May 12-15, 1975.

SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
ANTHONY T. KOHO'OHANOHANO FOR ACTS OF VALOR DURING THE
KOREAN WAR.

(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized and
requested to award the Medal of Honor under section 3741 of such title
to former Private First Class Anthony T. Koho'ohanohano for the acts of
valor during the Korean War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Private First Class Anthony T.
Koho'ohanohano of Company H of the 17th Infantry Regiment of the 7th
Infantry Division on September 1, 1951, during the Korean War for which
he was originally awarded the distinguished-service cross.

SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE
CROSS TO JACK T. STEWART FOR ACTS OF VALOR DURING THE
VIETNAM WAR.

(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the Secretary of the Army is authorized
and requested to award the distinguished-service cross under section
3742 of such title to former Captain Jack T. Stewart of the United
States Army for the acts of valor during the Vietnam War described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Captain Jack T. Stewart as commander
of a two-platoon Special Forces Mike Force element in combat with two
battalions of the North Vietnamese Army on March 24, 1967, during the
Vietnam War.

SEC. 574. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE
CROSS TO WILLIAM T. MILES, JR., FOR ACTS OF VALOR DURING
THE KOREAN WAR.

(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the Secretary of the Army is authorized
and requested to award the distinguished-service cross under section
3742 of such title to former to former Sergeant First William T. Miles,
Jr., of the United States Army for the acts of valor during the Korean
War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Sergeant First Class William T.
Miles, Jr,. as a member of United States Special Forces from June 18,
1951, to July 6, 1951, during the Korean War, when he fought a delaying
action against enemy forces in order to allow other members of his
squad to escape an ambush.

SEC. 575. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

(a) Authority To Award.--The Secretary of the Army may award the
Army Combat Action Badge (established by order of the Secretary of the
Army through Headquarters, Department of the Army Letter 600-05-1,
dated June 3, 2005) to a person who, while a member of the Army,
participated in combat during which the person personally engaged, or
was personally engaged by, the enemy at any time during the period
beginning on December 7, 1941, and ending on September 18, 2001 (the
date of the otherwise applicable limitation on retroactivity for the
award of such decoration), if the Secretary determines that the person
has not been previously recognized in an appropriate manner for such
participation.
(b) Procurement of Badge.--The Secretary of the Army may make
arrangements with suppliers of the Army Combat Action Badge so that
eligible recipients of the Army Combat Action Badge pursuant to
subsection (a) may procure the badge directly from suppliers, thereby
eliminating or at least substantially reducing administrative costs for
the Army to carry out this section.

SEC. 576. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.

(a) Army.--
(1) In general.--Chapter 357 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3757. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Army shall issue a badge of
appropriate design, to be known as the Combat Medevac Badge, to each
person who while a member of the Army served in combat on or after June
25, 1950, as a pilot or crew member of a helicopter medical evacuation
ambulance and who meets the requirements for the award of that badge.
``(b) Eligibility Requirements.--The Secretary of the Army shall
prescribe requirements for eligibility for the Combat Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``3757. Combat Medevac Badge''.
(b) Navy and Marine Corps.--
(1) In general.--Chapter 567 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 6259. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Navy shall issue a badge of
appropriate design, to be known as the Combat Medevac Badge, to each
person who while a member of the Navy or Marine Corps served in combat
on or after June 25, 1950, as a pilot or crew member of a helicopter
medical evacuation ambulance and who meets the requirements for the
award of that badge.
``(b) Eligibility Requirements.--The Secretary of the Navy shall
prescribe requirements for eligibility for the Combat Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``6259. Combat Medevac Badge''.
(c) Air Force.--
(1) In general.--Chapter 857 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8757. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Air Force shall issue a badge
of appropriate design, to be known as the Combat Medevac Badge, to each
person who while a member of the Air Force served in combat on or after
June 25, 1950, as a pilot or crew member of a helicopter medical
evacuation ambulance and who meets the requirements for the award of
that badge.
``(b) Eligibility Requirements.--The Secretary of the Air Force
shall prescribe requirements for eligibility for the Combat Medevac
Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``8757. Combat Medevac Badge''.
(d) Award for Service Before Date of Enactment.--In the case of
persons who, while a member of the Armed Forces, served in combat as a
pilot or crew member of a helicopter medical evacuation ambulance
during the period beginning on June 25, 1950, and ending on the date of
enactment of this Act, the Secretary of the military department
concerned shall issue the Combat Medevac Badge--
(1) to each such person who is known to the Secretary
before the date of enactment of this Act; and
(2) to each such person with respect to whom an application
for the issuance of the badge is made to the Secretary after
such date in such manner, and within such time period, as the
Secretary may require.

Subtitle H--Military Families

SEC. 581. PILOT PROGRAM TO SECURE INTERNSHIPS FOR MILITARY SPOUSES WITH
FEDERAL AGENCIES.

(a) Cost-reimbursement Agreements With Federal Agencies.--The
Secretary of Defense may enter into an agreement with the head of an
executive department or agency that has an established internship
program to reimburse the department or agency for authorized costs
associated with the first year of employment of an eligible military
spouse who is selected to participate in the internship program of the
department or agency.
(b) Eligible Military Spouses.--
(1) Eligibility.--Except as provided in paragraph (2), any
person who is married to a member of the Armed Forces on active
duty is eligible for selection to participate in an internship
program under a reimbursement agreement entered into under
subsection (a).
(2) Exclusions.--Reimbursement may not be provided with
respect to the following persons:
(A) A person who is legally separated from a member
of the Armed Forces under court order or statute of any
State, the District of Columbia, or possession of the
United States when the person begins the internship.
(B) A person who is also a member of the Armed
Forces on active duty.
(C) A person who is a retired member of the Armed
Forces.
(c) Funding Source.--Amounts authorized to be appropriated for
operation and maintenance, for Defense-wide activities, shall be
available to carry out this section.
(d) Definitions.--In this section:
(1) The term ``authorized costs'' includes the costs of the
salary, benefits and allowances, and training for an eligible
military spouse during the first year of the participation of
the military spouse in an internship program pursuant to an
agreement under subsection (a).
(2) The term ``internship'' means a professional,
analytical, or administrative position in the Federal
Government that operates under a developmental program leading
to career advancement.
(e) Termination of Agreement Authority.--No agreement may be
entered into under subsection (a) after September 30, 2011. Authorized
costs incurred after that date may be reimbursed under an agreement
entered into before that date in the case of eligible military spouses
who begin their internship by that date.
(f) Reporting Requirement.--Not later than January 1, 2012, the
Secretary of Defense shall submit to the congressional defense
committees a report that provides information on how many eligible
military spouses received internships pursuant to agreements entered
into under subsection (a) and the types of internship positions they
occupied. The report shall specify the number of interns who
subsequently obtained permanent employment with the department or
agency administering the internship program or with another department
or agency. The Secretary shall include a recommendation regarding
whether, given the investment of Department of Defense funds, the
authority to enter into agreements should be extended, modified, or
terminated.

SEC. 582. REPORT ON PROGRESS MADE IN IMPLEMENTING RECOMMENDATIONS TO
REDUCE DOMESTIC VIOLENCE IN MILITARY FAMILIES.

(a) Assessment.--The Comptroller General shall review and assess
the progress made by the Department of Defense in implementing the
recommendations contained in the report by the Comptroller General
entitled ``Military Personnel: Progress Made in Implementing
Recommendations to reduce Domestic Violence, but Further Management
Action Needed'' (GAO-06-540).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report containing the results of the
review and assessment under subsection (a).

SEC. 583. MODIFICATION OF SERVICEMEMBERS CIVIL RELIEF ACT REGARDING
TERMINATION OR SUSPENSION OF SERVICE CONTRACTS AND EFFECT
OF VIOLATION OF INTEREST RATE LIMITATION.

(a) Termination or Suspension of Service Contracts.--Section 305A
of the Servicemembers Civil Relief Act (50 U.S.C. App. 535a) is amended
to read as follows:

``SEC. 305A. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS.

``(a) Termination or Suspension by Servicemember.--A servicemember
who is party to or enters into a contract described in subsection (c)
may terminate or suspend, at the servicemember's option, the contract
at any time after the date of the servicemember's military orders, as
described in subsection (c).
``(b) Special Rules.--
``(1) A suspension under subsection (a) of a contract by a
servicemember shall continue for the length of the
servicemember's deployment pursuant to the servicemember's
military orders.
``(2) A service provider under a contract suspended or
terminated under subsection (a) by a servicemember may not
impose a suspension fee or early termination fee in connection
with the suspension or termination of the contract, other than
a nominal fee for the suspension; except that the service
provider may impose a reasonable fee for any equipment
remaining on the premises of the servicemember during the
period of the suspension. The servicemember may defer, without
penalty, payment of such a nominal fee or reasonable fee for
the length of the servicemember's deployment pursuant to the
servicemember's military orders.
``(3) In any case in which the contract being suspended
under subsection (a) is for cellular telephone service or
telephone exchange service, the servicemember, after the date
on which the suspension of the contract ends, may keep, to the
extent practicable and in accordance with all applicable laws
and regulations, the same telephone number the servicemember
had before the servicemember suspended the contract.
``(c) Covered Contracts.--This section applies to a contract for
cellular telephone service (including a contract to which the
servicemember is included with family members), telephone exchange
service, multichannel video programming service, Internet access
service, water, electricity, oil, gas, or other utility if the
servicemember enters into the contract and thereafter receives military
orders--
``(1) to deploy with a military unit, or as an individual,
in support of a contingency operation for a period of not less
than 90 days; or
``(2) for a change of permanent station to a location that
does not support the contract.
``(d) Manner of Termination or Suspension.--
``(1) In general.--Termination or suspension of a contract
under subsection (a) is made by delivery by the servicemember
of written notice of such termination or suspension and a copy
of the servicemember's military orders to the other party to
the contract (or to that party's grantee or agent).
``(2) Nature of notice.--Delivery of notice under paragraph
(1) may be accomplished--
``(A) by hand delivery;
``(B) by private business carrier;
``(C) by facsimile; or
``(D) by placing the written notice and a copy of
the servicemember's military orders in an envelope with
sufficient postage and with return receipt requested,
and addressed as designated by the party to be notified
(or that party's grantee or agent), and depositing the
envelope in the United States mails.
``(e) Date of Contract Termination or Suspension.--Termination or
suspension of a service contract under subsection (a) is effective as
of the date on which the notice under subsection (d) is delivered.
``(f) Other Obligations and Liabilities.--The service provider
under the contract may not impose an early termination or suspension
charge, but any tax or any other obligation or liability of the
servicemember that, in accordance with the terms of the contract, is
due and unpaid or unperformed at the time of termination or suspension
of the contract shall be paid or performed by the servicemember.
``(g) Fees Paid in Advance.--A fee or amount paid in advance for a
period after the effective date of the termination of the contract
shall be refunded to the servicemember by the other party (or that
party's grantee or agent) within 60 days of the effective date of the
termination of the contract.
``(h) Relief to Other Party.--Upon application by the other party
to the contract to a court before the termination date provided in the
written notice, relief granted by this section to a servicemember may
be modified as justice and equity require.
``(i) Criminal Penalty.--Whoever knowingly violates this section
shall be fined not more than $5,000 in the case of an individual or
$10,000 in the case of an organization.
``(j) Private Right of Action.--
``(1) In general.--A servicemember harmed by a violation of
this section may in a civil action--
``(A) obtain any appropriate equitable relief with
respect to the violation; and
``(B) recover an amount equal to three times the
damages sustained as a result of the violation.
``(2) Costs and attorney fees.--The court shall award to a
servicemember who prevails in an action under paragraph (1) the
costs of the action, including a reasonable attorney fee.
``(3) Preservation of other remedies.--Nothing in this
section shall be construed to preclude or limit any remedy
otherwise available under law to the servicemember with respect
to conduct prohibited under this section.
``(k) Definitions.--In this section:
``(1) Multichannel video programming service.--The term
`multichannel video programming service' means video
programming service provided by a multichannel video
programming distributor, as such term is defined in section
602(13) of the Communications Act of 1934 (47 U.S.C. 522(13)).
``(2) Internet access service.--The term `Internet access
service' has the meaning given that term under section
231(e)(4) of the Communications Act of 1934 (47 U.S.C.
231(e)(4)).
``(3) Cellular telephone service.--The term `cellular
telephone service' means commercial mobile service, as that
term is defined in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d)).
``(4) Telephone exchange service.--The term `telephone
exchange service' has the meaning given that term under section
3 of the Communications Act of 1934 (47 U.S.C. 153).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 305A and
inserting the following new item:

``Sec. 305A. Termination or suspension of service contracts.''.
(c) Violation of Interest Rate Limitation.--Section 207 of such Act
is amended--
(1) by amending subsection (e) to read as follows:
``(e) Criminal Penalty.--
``(1) In general.--Whoever knowingly violates this section
shall be fined not more than $5,000 in the case of an
individual or $10,000 in the case of an organization.
``(2) Determination of number of violations.--The court
shall count as a separate violation each obligation or
liability of a servicemember with respect to which--
``(A) the servicemember properly provided to the
creditor written notice and a copy of the military
orders calling the servicemember to military service
and any orders further extending military service under
subsection (b); and
``(B) the creditor fails to act in accordance with
subsection (a).'';
(2) by redesignating subsection (f) as subsection (g);
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Rights of Servicemembers.--
``(1) Private right of action.--A servicemember harmed by a
violation of this section may in a civil action--
``(A) obtain any appropriate equitable relief with
respect to the violation; and
``(B) recover an amount equal to three times the
damages sustained as a result of the violation.
``(2) Costs and attorney fees.--The court shall award to a
servicemember who prevails in an action under paragraph (1) the
costs of the action, including a reasonable attorney fee.
``(3) Preservation of other remedies.--Nothing in this
section shall be construed to preclude or limit any remedy
otherwise available under law to the servicemember with respect
to conduct prohibited under this section.''; and
(4) in subsection (g), as redesignated by paragraph (2) of
this subsection, by inserting ``and (f)'' after ``subsection
(e)''.
(d) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a contract entered into on or after the date of
the enactment of this Act.

SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE
MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A
CONTINGENCY OPERATION.

(a) Child Custody Protection.--Title II of the Servicemembers Civil
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end
the following new section:

``SEC. 208. CHILD CUSTODY PROTECTION.

``(a) Restriction on Change of Custody.--If a motion for change of
custody of a child of a servicemember is filed while the servicemember
is deployed in support of a contingency operation, no court may enter
an order modifying or amending any previous judgment or order, or issue
a new order, that changes the custody arrangement for that child that
existed as of the date of the deployment of the servicemember, except
that a court may enter a temporary custody order if the court finds
that it is in the best interest of the child.
``(b) Completion of Deployment.--In any preceding covered under
subsection (a), a court shall require that, upon the return of the
servicemember from deployment in support of a contingency operation,
the custody order that was in effect immediately preceding the date of
the deployment of the servicemember is reinstated, unless the court
finds that such a reinstatement is not in the best interest of the
child, except that any such finding shall be subject to subsection (c).
``(c) Exclusion of Military Service From Determination of Child's
Best Interest.--If a motion for the change of custody of the child of a
servicemember is filed, no court may consider the absence of the
servicemember by reason of deployment, or possibility of deployment, in
determining the best interest of the child.
``(d) No Federal Right of Action.--Nothing in this section shall
create a Federal right of action.
``(e) Preemption.--In any case where State or Federal law
applicable to a child custody proceeding under State or Federal law
provides a higher standard of protection to the rights of the parent
who is a servicemember than the rights provided under this section, the
State or Federal court shall apply the State or Federal standard.
``(f) Contingency Operation Defined.--In this section, the term
`contingency operation' has the meaning given that term in section
101(a)(13) of title 10, United States Code, except that the term may
include such other deployments as the Secretary may prescribe.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
II the following new item:

``208. Child custody protection.''.

SEC. 585. DEFINITIONS IN FAMILY AND MEDICAL LEAVE ACT OF 1993 RELATED
TO ACTIVE DUTY, SERVICEMEMBERS, AND RELATED MATTERS.

(a) Definition of Covered Active Duty.--
(1) Definition.--Paragraph (14) of section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is
amended--
(A) by striking all that precedes ``under a call''
and inserting the following:
``(14) Covered active duty.--The term `covered active duty'
means--
``(A) in the case of a member of a regular
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country; and
``(B) in the case of a member of a reserve
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country''; and
(B) by striking ``101(a)(13)(B)'' and inserting
``101(a)(13)''.
(2) Leave.--Section 102 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612) is amended--
(A) in subsection (a)(1)(E), by striking ``active
duty'' each place it appears and inserting ``covered
active duty''; and
(B) in subsection (e)(3)--
(i) in the paragraph heading, by striking
``active duty'' and inserting ``covered active
duty''; and
(ii) by striking ``active duty'' each place
it appears and inserting ``covered active
duty''.
(3) Conforming amendment.--Section 103(f) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in
the subsection heading, by striking ``Active Duty'' both places
it appears and inserting ``Covered Active Duty''.
(b) Definition of Covered Servicemember.--Section 101 of the Family
and Medical Leave Act of 1993 is further amended by striking paragraph
(16) and inserting the following new paragraph:
``(16) Covered servicemember.--The term `covered
servicemember' means--
``(A) a member of the Armed Forces (including a
member of the National Guard or Reserves) who is
undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious
injury or illness; or
``(B) a veteran who is undergoing medical
treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed
Forces (including a member of the National Guard or
Reserves) at any time during the period of 5 years
preceding the date on which the veteran undergoes that
medical treatment, recuperation, or therapy.''.
(c) Definitions of Serious Injury or Illness; Veteran.--Section 101
of the Family and Medical Leave Act of 1993 is further amended by
striking paragraph (19) and inserting the following new paragraphs:
``(19) Serious injury or illness.--The term `serious injury
or illness'--
``(A) in the case of a member of the Armed Forces
(including a member of the National Guard or Reserves),
means an injury or illness incurred by the member in
line of duty on covered active duty in the Armed Forces
that may render the member medically unfit to perform
the duties of the member's office, grade, rank, or
rating; and
``(B) in the case of a veteran who was a member of
the Armed Forces (including a member of the National
Guard or Reserves) at any time during a period
described in paragraph (16)(B), means an injury or
illness incurred by the member in line of duty on
covered active duty in the Armed Forces, that
manifested itself after the member became a veteran,
and that may have rendered the member medically unfit
to perform the duties of the member's office, grade,
rank, or rating on the date the injury or illness was
incurred if the injury or illness had manifested itself
on that date.
``(20) Veteran.--The term `veteran' has the meaning given
the term in section 101 of title 38, United States Code.''.
(d) Technical Amendment.--Section 102(e)(2)(A) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is amended by
striking ``or parent'' and inserting ``parent, or next of kin (for
leave taken under subsection (a)(3))''.
(e) Effective Date and Regulations.--The amendments made by this
section shall take effect on the date of the enactment of this Act. Not
later than 120 days after such date, the Secretary of Labor shall issue
direct final conforming regulations solely to implement such
amendments.

SEC. 586. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON MILITARY FAMILIES.

The Comptroller General shall submit to Congress a report
containing--
(1) an assessment of the impact of domestic violence in
families of members of the Armed Forces on the children of such
families; and
(2) information on progress being made to ensure that
children of families of members of the Armed Forces receive
adequate care and services when such children are exposed to
domestic violence.

SEC. 587. OVERSEAS VOTING ADVISORY BOARD.

(a) Establishment; Duties.--There is hereby established the
Overseas Voting Advisory Board (hereafter in this Act referred to as
the ``Board'').
(b) Duties.--
(1) In general.--The Board shall conduct studies and issue
reports with respect to the following issues:
(A) The ability of citizens of the United States
who reside outside of the United States to register to
vote and vote in elections for public office.
(B) Methods to promote voter registration and
voting among such citizens.
(C) The effectiveness of the Director of the
Federal Voting Assistance Program under the Uniformed
and Overseas Citizens Absentee Voting Act in assisting
such citizens in registering to vote and casting votes
in elections.
(D) The effectiveness of the administration and
enforcement of the requirements of the Uniformed and
Overseas Citizens Absentee Voting Act.
(E) The need for the enactment of legislation or
the adoption of administrative actions to ensure that
all Americans who are away from the jurisdiction in
which they are eligible to vote because they live
overseas or serve in the military (or are a spouse or
dependent of someone who serves in the military) are
able to register to vote and vote in elections for
public office.
(2) Reports.--In addition to issuing such reports as it
considers appropriate, the Board shall transmit to Congress a
report not later than March 31 of each year describing its
activities during the previous year, and shall include in that
report such recommendations as the Board considers appropriate
for legislative or administrative action, including the
provision of funding, to address the issues described in
paragraph (1).
(3) Committee hearings on annual report.--During each year,
the Committees on Armed Services of the House of
Representatives and Senate, the Committee on House
Administration of the House of Representatives, and the
Committee on Rules and Administration of the Senate may each
hold a hearing on the annual report submitted by the Board
under paragraph (2).
(c) Membership.--
(1) Appointment.--The Board shall be composed of 5 members
appointed by the President not later than 6 months after the
date of the enactment of this Act, of whom--
(A) 1 shall be appointed from among a list of
nominees submitted by the Speaker of the House of
Representatives;
(B) 1 shall be appointed from among a list of
nominees submitted by the Minority Leader of the House
of Representatives;
(C) 1 shall be appointed from among a list of
nominees submitted by the Majority Leader of the
Senate; and
(D) 1 shall be appointed from among a list of
nominees submitted by the Minority Leader of the
Senate.
(2) Qualifications.--An individual may serve as a member of
the Board only if the individual has experience in election
administration and resides or has resided for an extended
period of time overseas (as a member of the uniformed services
or as a civilian), except that the President shall ensure that
at least one member of the Board is a citizen who resides
overseas while serving on the Board.
(3) Terms of service.--
(A) In general.--Except as provided in subparagraph
(B), each member shall be appointed for a term of 4
years. A member may be reappointed for additional
terms.
(B) Vacancies.--A vacancy in the Board shall be
filled in the manner in which the original appointment
was made. Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office.
(4) Pay.--
(A) No pay for service.--A member shall serve
without pay, except that a member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
(B) Reimbursement of travel expenses by director.--
Upon request of the Chairperson of the Board, the
Director of the Federal Voting Assistance Program under
the Uniformed and Overseas Citizens Absentee Voting Act
shall, from amounts made available for the salaries and
expenses of the Director, reimburse the Board for any
travel expenses paid on behalf of a member under
subparagraph (A).
(5) Quorum.--Three members of the Board shall constitute a
quorum but a lesser number may hold hearings.
(6) Chairperson.--The members of the Board shall designate
one member to serve as Chairperson.
(d) Staff.--
(1) Authority to appoint.--Subject to rules prescribed the
Board, the chairperson may appoint and fix the pay of such
staff as the chairperson considers necessary.
(2) Application of civil service laws.--The staff of the
Board shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(3) Experts and consultants.--Subject to rules prescribed
by the Board, the Chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(4) Staff of federal agencies.--Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Board to assist it in carrying out
its duties under this Act.
(e) Powers.--
(1) Hearings and sessions.--The Board may, for the purpose
of carrying out this Act, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the Board
considers appropriate. The Board may administer oaths or
affirmations to witnesses appearing before it.
(2) Obtaining official data.--The Board may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of
the Chairperson, the head of that department or agency shall
furnish that information to the Board.
(3) Mails.--The Board may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Board, the Administrator of General Services shall provide
to the Board, on a reimbursable basis, the administrative
support services necessary for the Board to carry out its
responsibilities under this Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Board such sums as may be necessary to carry out
this section for fiscal year 2010 and each succeeding fiscal year.

SEC. 588. SENSE OF CONGRESS AND REPORT ON INTRA-FAMILIAL ABDUCTION OF
CHILDREN OF MILITARY PERSONNEL.

(a) Sense of Congress.--It is the sense of Congress that the intra-
familial abduction to foreign countries of children of members of the
Armed Forces constitutes a grave violation of the rights of military
parents whose children are abducted and poses a significant threat to
the psychological well-being and development of the abducted children.
(b) Report on Intra-familial Child Abduction Effecting Active Duty
Military Personnel.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, and not later than December 31 of
calendar year 2010 and each December 31 thereafter, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the programs, projects, and activities carried out by the
Department of Defense to assist members of the Armed Forces
whose children are abducted.
(2) Contents.--The report required under paragraph (1)
shall include information concerning the following:
(A) The total number of children abducted from
military parents, with a breakdown of the number of
children abducted to each country that is a party to
the Hague Convention on the Civil Aspects of
International Child Abduction (the ``Hague
Convention'') and each country that is not a party to
the Hague Convention.
(B) The total number of children abducted from
military parents who were returned to their military
parent, with a breakdown of the number of children
returned from each country that is a party to the Hague
Convention and each country that is not a party to the
Hague Convention, including the average length of time
per country that the children spent separated from
their military parent, whether the Department of
Defense helped facilitate any of the returns, specific
actions taken to facilitate the return, and other
Departments involved.
(C) Whether these numbers are shared with the
Department of State for inclusion in the Report on
Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction.
(D) An assessment as to how international child
abductions impact the force readiness of affected
military personnel.
(E) An assessment of the effectiveness of the
centralized office within the Department of Defense
responsible for implementing measures to prevent
international child abductions and to provide
assistance to military personnel, including--
(i) the coordination of international child
abduction-related issues between the relevant
agencies and departments with the Department of
Defense;
(ii) the education of appropriate
personnel;
(iii) the coordination with family support
offices and other applicable agencies, both
within the United States and in host countries,
to implement mechanisms for assistance to left
behind parents;
(iv) the coordination with the Department
of State and National Center for Missing and
Exploited Children to provide assistance to
left behind parents in obtaining the return of
their children; and
(v) the collection of the data required by
subparagraphs (A) and (B).
(F) An assessment of the current availability of,
and additional need for assistance, including general
information, psychological counseling, financial
assistance, leave for travel, legal services, and the
contact information for the office identified in
subparagraph (E), provided by the Department of Defense
to left behind military parents for the purpose of
obtaining the return of their abducted children and
ensuring the force readiness of military personnel.
(G) The means through which available services,
information, and activities relating to international
child abductions are communicated to left behind
military parents.
(H) The proportion of identified left behind
military parents who utilize the services and
activities referred to in subparagraph (F).
(I) Measures taken by the Department of Defense,
including any written policy guidelines, to prevent the
abduction of children.
(J) The means by which military personnel are
educated on the risks of international child abduction,
particularly when they first arrive on a base abroad or
when the military receives notice that the personnel is
considering marriage or divorce abroad.
(K) The training provided to those who supply legal
assistance to military personnel, in particular the
Armed Forces Legal Assistance Offices, on the legal
aspects of international child abduction and legal
options available to left behind military parents,
including the risks of conferring jurisdiction on the
host country court system by applying for child custody
in the host country court system.
(L) Which of the Status of Forces Agreements
negotiated with host countries, if any, are written to
protect the ability of a member of the Armed Forces to
have international child abduction cases adjudicated in
the member's State of legal residence.
(M) The feasibility of including in present and
future Status of Forces Agreements a framework for the
expeditious and just resolution of intra-familial child
abduction.
(N) Identification of potential strategies for
engagement with host countries with high incidences of
military international child abductions.
(O) Whether the Department of Defense has engaged
in joint efforts with the State Department to provide a
forum, such as a conference, for left behind military
parents to share their experiences, network, and
develop best practices for securing the return of
abducted children, and the assistance provided for left
behind parents to attend such an event.
(P) Whether the Department of Defense currently
partners with, or intends to partner with, civilian
experts on International Child Abduction, to understand
the psychological and social implications of this issue
upon Department of Defense personnel, and to help
develop an effective awareness campaign and training.

Subtitle I--Other Matters

SEC. 591. NAVY GRANTS TO NAVAL SEA CADET CORPS.

(a) Grants Authorized.--Chapter 647 of title 10, United States
Code, is amended by inserting after section 7541a the following new
section:
``Sec. 7541b. Authority to make grants to Naval Sea Cadet Corps
``Subject to the availability of funds for this purpose, the
Secretary of the Navy may make grants to support the purposes of the
Naval Sea Cadet Corps, a federally chartered corporation under chapter
1541 of title 36.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7541a the following new item:

``7541b. Authority to make grants to Naval Sea Cadet Corps.''.

SEC. 592. IMPROVED RESPONSE AND INVESTIGATION OF ALLEGATIONS OF SEXUAL
ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.

(a) Comptroller General Report.--
(1) Report required.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General shall
submit to the congressional defense committees a report
containing a review of the capacity of each service of the
Armed Forces to investigate and adjudicate allegations of
sexual assault to determine whether there are any barriers that
negatively affect the ability of that service to facilitate the
investigation and adjudication of such allegations to the full
extent of the Uniform Code of Military Justice.
(2) Elements of report.--The report required by paragraph
(1) shall include a review of the following:
(A) The command processes of each of the Armed
Forces for handling allegations of sexual assault
(including command guidance, standing orders, and
related matters), the staff judge advocate structure of
each Armed Force for cases of sexual assault, and the
personnel and budget resources allocated to handle
allegations of sexual assault.
(B) The extent to which command decisions regarding
the disposition of cases properly direct cases to the
most-appropriate venue for adjudication.
(C) The effectiveness of personnel training methods
regarding investigation and adjudication of sexual
assault cases.
(D) The capacity to investigate and adjudicate
sexual assault cases in combat zones.
(E) The recommendations of the Defense Task Force
on Sexual Assault in the Military regarding
investigation and adjudication of sexual assault.
(b) Prevention.--Not later than 180 days after the dates of the
enactment of this Act, the Secretary of Defense shall develop and
submit to the congressional defense committees a sexual assault
prevention program, which shall include, at minimum, the following
components:
(1) Action plans for reducing the number of sexual
assaults, with timelines for implementation of the plans,
development tools, and a comprehensive evaluation process.
(2) A mechanism to measure the effectiveness of the
program, to include outcome measurement and metrics.
(3) Training programs for commanders and senior enlisted
leaders, including pre-command courses.
(4) The budget necessary to permit full implementation of
the program.
(c) Sexual Assault Forensic Exams.--
(1) Availability of sexual assault forensic exams in combat
zones.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report evaluating the
availability of sexual assault forensic examinations in combat
zones. The report shall include, at a minimum, the following:
(A) The current availability of sexual assault
forensic examinations in combat zones.
(B) The barriers to providing sexual assault
forensic examinations at all echelons of care in combat
zones.
(C) Any legislative actions required to improve the
availability of sexual assault forensic examinations in
combat zones.
(2) Tricare coverage for forensic examination following
sexual assault or domestic violence.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report describing the progress made in implementing section
1079(a)(17) of title 10, United States Code, as added by
section 701 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-324; 120 Stat. 2279).
(d) Military Protective Orders.--
(1) Collection of statistical information.--Not later than
30 days after the date of enactment of this Act, the Secretary
of Defense shall require that sexual assault statistics
collected by the Department of Defense include information on
whether a military protective order was issued that involved
either the victim or alleged perpetrator of a sexual assault.
The Secretary shall include such information in the annual
report submitted to Congress on sexual assaults involving
members of the Armed Forces.
(2) Information to members.--The Secretary of Defense shall
ensure that, when a military protective order is issued to
protect a member of the Armed Forces, the member is informed of
the right of the member to request a base transfer from the
command.

SEC. 593. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER NATIONAL
GUARD YOUTH CHALLENGE PROGRAM.

(a) Authority to Increase DOD Share of Program.--Section 509(d)(1)
of title 32, United States Code, is amended by striking ``60 percent of
the costs'' and inserting ``75 percent of the costs''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2009, and shall apply with respect to fiscal
years beginning on or after that date.

SEC. 594. MODIFICATION OF SERVICEMEMBERS CIVIL RELIEF ACT REGARDING
RESIDENTIAL AND MOTOR VEHICLE LEASES.

Section 305(e) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 535) is amended to read as follows:
``(e) Arrearages and Other Obligations and Liabilities.--
``(1) Leases of premises.--Rent amounts for a lease
described in subsection (b)(1) that are unpaid for the period
preceding the effective date of the lease termination shall be
paid on a prorated basis. The lessor may not impose an early
termination charge, but any taxes, summonses, or other
obligations and liabilities of the lessee in accordance with
the terms of the lease, including reasonable charges to the
lessee for excess wear, that are due and unpaid at the time of
termination of the lease shall be paid by the lessee.
``(2) Leases of motor vehicles.--Lease amounts for a lease
described in subsection (b)(2) that are unpaid for the period
preceding the effective date of the lease termination shall be
paid on a prorated basis. The lessor may not impose an early
termination charge, but any taxes, summonses, title and
registration fees, or other obligations and liabilities of the
lessee in accordance with the terms of the lease, including
reasonable charges to the lessee for excess wear or use and
mileage, that are due and unpaid at the time of termination of
the lease shall be paid by the lessee.''.

SEC. 595. EXPANSION OF MILITARY LEADERSHIP DIVERSITY COMMISSION TO
INCLUDE RESERVE COMPONENT REPRESENTATIVES.

Section 596(b)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4476) is amended by striking subparagraphs (C), (D), (E) and inserting
the following new subparagraphs:
``(C) A commissioned officer from each of the Army,
Navy, Air Force, Marine Corps, National Guard, and
Reserves who serves or has served in a leadership
position with either a military department command or
combatant command.
``(D) A retired general or flag officer from each
of the Army, Navy, Air Force, Marine Corps, National
Guard, and Reserves.
``(E) A retired noncommissioned officer from each
of the Army, Navy, Air Force, Marine Corps, National
Guard, and Reserves.''.

SEC. 596. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY HEALING AND
RESPONSE TRAINING UNDER THE YELLOW RIBBON REINTEGRATION
PROGRAM.

Section 582 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 122) is amended--
(1) in subsection (h)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) through (15) as
paragraphs (3) through (14), respectively; and
(2) by adding at the end the following new subsection:
``(i) Suicide Prevention and Community Healing and Response
Program.--
``(1) Establishment.--As part of the Yellow Ribbon
Reintegration Program, the Office for Reintegration Programs
shall establish a program to provide National Guard and Reserve
members, their families, and their communities with training in
suicide prevention and community healing and response to
suicide.
``(2) Design.--In establishing the program under paragraph
(1), the Office for Reintegration Programs shall consult with--
``(A) persons that have experience and expertise
with combining military and civilian intervention
strategies that reduce risk and promote healing after a
suicide attempt or suicide death for National Guard and
Reserve members; and
``(B) the adjutant general of each state, the
Commonwealth of Puerto Rico, the District of Columbia,
Guam, and the Virgin Islands.
``(3) Operation.--
``(A) Suicide prevention training.--The Office for
Reintegration Programs shall provide National Guard and
Reserve members with training in suicide prevention.
Such training shall include--
``(i) describing the warning signs for
suicide and teaching effective strategies for
prevention and intervention;
``(ii) examining the influence of military
culture on risk and protective factors for
suicide; and
``(iii) engaging in interactive case
scenarios and role plays to practice effective
intervention strategies.
``(B) Community healing and response training.--The
Office for Reintegration Programs shall provide the
families and communities of National Guard and Reserve
members with training in responses to suicide that
promote individual and community healing. Such training
shall include--
``(i) enhancing collaboration among
community members and local service providers
to create an integrated, coordinated community
response to suicide;
``(ii) communicating best practices for
preventing suicide, including safe messaging,
appropriate memorial services, and media
guidelines;
``(iii) addressing the impact of suicide on
the military and the larger community, and the
increased risk that can result; and
``(iv) managing resources to assist key
community and military service providers in
helping the families, friends, and fellow
soldiers of a suicide victim through the
processes of grieving and healing.
``(C) Collaboration with centers of excellence.--
The Office for Reintegration Programs, in consultation
with the Defense Centers of Excellence for
Psychological Health and Traumatic Brain Injury, shall
collect and analyze `lessons learned' and suggestions
from State National Guard and Reserve organizations
with existing or developing suicide prevention and
community response programs.''.

SEC. 597. REPORT ON PROGRESS IN COMPLETING DEFENSE INCIDENT-BASED
REPORTING SYSTEM.

Not later than 120 days after the date of the enactment of this
Act, and every 6 months thereafter, the Secretary of Defense shall
submit to Congress a report detailing the progress of the Secretary
with respect to the Defense Incident-Based Reporting System.

SEC. 598. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE COMPONENT MEMBERS.

Section 1044(a)(4) of title 10, United States Code, is amended by
striking ``the Secretary of Defense), for a period of time, prescribed
by the Secretary of Defense,'' and inserting ``the Secretary), for a
period of time (prescribed by the Secretary)''.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC PAY.

(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2010 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2010, the rates
of monthly basic pay for members of the uniformed services are
increased by 3.4 percent.

SEC. 602. SPECIAL MONTHLY COMPENSATION ALLOWANCE FOR MEMBERS WITH
COMBAT-RELATED CATASTROPHIC INJURIES OR ILLNESSES PENDING
THEIR RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY.

(a) In General.--Chapter 7 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 439. Special monthly compensation: members with combat-related
catastrophic injuries or illnesses pending their
retirement or separation for physical disability
``(a) Compensation Authorized.--(1) The Secretary concerned may pay
to any member of the uniformed services described in paragraph (2) a
special monthly compensation in an amount determined under subsection
(b).
``(2) Subject to paragraph (3), a member eligible for the
compensation authorized by paragraph (1) is a member--
``(A) who has a combat-related catastrophic injury or
illness; and
``(B) who has been certified by a licensed physician as
being in need of assistance from another person to perform the
personal functions required in everyday living; and
``(3) The Secretary of Defense (or the Secretary of Homeland
Security, with respect to the Coast Guard) may establish additional
eligibility criteria in the regulations required by subsection (e).
``(b) Authorized Amount of Compensation.--(1) The amount of the
special monthly compensation authorized by subsection (a) shall be
determined under criteria prescribed in the regulations required by
subsection (e), except that the amount may not exceed the amount of the
aid and attendance allowance authorized by section 1114(r) of title 38
for veterans in need of regular aid and attendance.
``(2) In determining the amount of the special monthly compensation
to be provided to a member, the Secretary concerned shall consider the
extent to which--
``(A) home health care and related services are being
provided to the member by the Government; and
``(B) aid and attendance services are being provided by
family and friends of the member who may be compensated with
funds provided through the special monthly compensation
authorized by this section.
``(c) Termination.--The eligibility of a member to receive special
monthly compensation under subsection (a) terminates on the earlier of
the following:
``(1) The first month following the end of the 90-day
period beginning on the date of the separation or retirement of
the member.
``(2) The first month beginning after the death of the
member.
``(3) The first month beginning after the date on which the
member is determined to be no longer afflicted with a
catastrophic injury or illness.
``(d) Definitions.--In this section:
``(1) The term `catastrophic injury or illness' means a
permanent, severely disabling injury, disorder, or illness that
the Secretary concerned determines compromises the ability of
the afflicted person to carry out the activities of daily
living to such a degree that the person requires--
``(A) personal or mechanical assistance to leave
home or bed; or
``(B) constant supervision to avoid physical harm
to self or others.
``(2) The term `combat-related', with respect to a
catastrophic injury or illness, means a wound, injury, or
illness for which the member involved was awarded the Purple
Heart or that was incurred as described in section 1413a(e)(2)
of title 10.
``(e) Regulations.--The Secretary of Defense (or the Secretary of
Homeland Security, with respect to the Coast Guard) shall prescribe
regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``439. Special monthly compensation: members with combat-related
catastrophic injuries or illnesses pending
their retirement or separation for physical
disability.''.

SEC. 603. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR ENLISTED
MEMBERS AND WARRANT OFFICERS APPOINTED AS OFFICERS AND
OFFICERS REAPPOINTED IN A LOWER GRADE.

(a) In General.--Section 907 of title 37, United States Code, is
amended to read as follows:
``Sec. 907. Members appointed or reappointed as officers: no reduction
in pay and allowances
``(a) Stabilization of Pay and Allowances.--A member of the armed
forces who accepts an appointment or reappointment as an officer
without a break in service shall, for service as an officer, be paid
the greater of--
``(1) the pay and allowances to which the officer is
entitled as an officer; or
``(2) the pay and allowances to which the officer would be
entitled if the officer were in the last grade the officer held
before the appointment or reappointment as an officer.
``(b) Covered Pays.--(1) Subject to paragraphs (2) and (3), for the
purposes of this section, the pay of a grade formerly held by an
officer described in subsection (a) include special and incentive pays
under chapter 5 of this title.
``(2) In determining the amount of the pay of a grade formerly held
by an officer, special and incentive pays may be considered only so
long as the officer continues to perform the duty that creates the
entitlement to, or eligibility for, that pay and would otherwise be
eligible to receive that pay in the former grade.
``(3) Special and incentive pays that are dependent on a member
being in an enlisted status may not be considered in determining the
amount of the pay of a grade formerly held by an officer.
``(c) Covered Allowances.--(1) Subject to paragraph (2), for the
purposes of this section, the allowances of a grade formerly held by an
officer described in subsection (a) include allowances under chapter 7
of this title.
``(2) The clothing allowance under section 418 of this title may
not be considered in determining the amount of the allowances of a
grade formerly held by an officer described in subsection (a) if the
officer is entitled to a uniform allowance under section 415 of this
title.
``(d) Rates of Pay and Allowances.--For the purposes of this
section, the rates of pay and allowances of a grade that an officer
formerly held are those rates that the officer would be entitled to had
the officer remained in that grade and continued to receive the
increases in pay and allowances authorized for that grade, as otherwise
provided in this title or other provisions of law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by striking the item relating to
section 907 and inserting the following new item:

``907. Members appointed or reappointed as officers: no reduction in
pay and allowances.''.

SEC. 604. REPORT ON HOUSING STANDARDS USED TO DETERMINE BASIC ALLOWANCE
FOR HOUSING.

(a) Report Required.--Not later than July 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees a report
containing--
(1) a review of the housing standards used to determine the
monthly rates of basic allowance for housing under section 403
of title 37, United States Code; and
(2) such recommended changes to the standards, including an
estimate of the cost of each recommended change, as the
Secretary considers appropriate.
(b) Elements of Review.--The Secretary shall consider whether the
housing standards are suitable in terms of--
(1) recognizing the societal needs and expectations of
families in the United States;
(2) providing for an appropriate quality of life for
members of the Armed Forces in all grades; and
(3) recognizing the appropriate rewards and prestige
associated with promotion to higher military grades throughout
the rank structure.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

The following sections of title 37, United States Code, are amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) Title 10 Authorities.--The following sections of title 10,
United States Code, are amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.

The following sections of title 37, United States Code, are amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES.

The following sections of title 37, United States Code, are amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(i), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(j), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(i), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAY.

The following sections of chapter 5 of title 37, United States
Code, are amended by striking ``December 31, 2009'' and inserting
``December 31, 2010'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.

SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
REFERRAL BONUSES.

The following sections of title 10, United States Code, are amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
(1) Section 1030(i), relating to health professions
referral bonus.
(2) Section 3252(h), relating to Army referral bonus.

SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO RECONCILE
CONFLICTING AMENDMENTS REGARDING CONTINUED PAYMENT OF
BONUSES AND SIMILAR BENEFITS FOR CERTAIN MEMBERS.

(a) Technical Corrections to Reconcile Conflicting Amendments.--
Section 303a(e) of title 37, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(3) in paragraph (5), as so redesignated, by striking
``paragraph (3)(B)'' and inserting ``paragraph (4)(B)'';
(4) by redesignating paragraph (2), as added by section
651(b) of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as
paragraph (3); and
(5) by redesignating the second subparagraph (B) of
paragraph (1), originally added as paragraph (2) by section
2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat. 3526)
and erroneously designated as subparagraph (B) by section
651(a)(3) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495),
as paragraph (2).
(b) Inclusion of Hubbard Act Amendment in Consolidated Special Pay
and Bonus Authorities.--Section 373(b) of such title is amended--
(1) in paragraph (2), by striking the paragraph heading and
inserting ``Special rule for deceased and disabled members.--
''; and
(2) by adding at the end the following new paragraph:
``(3) Special rule for members who receive sole
survivorship discharge.--(A) If a member of the uniformed
services receives a sole survivorship discharge, the Secretary
concerned--
``(i) shall not require repayment by the member of
the unearned portion of any bonus, incentive pay, or
similar benefit previously paid to the member; and
``(ii) may grant an exception to the requirement to
terminate the payment of any unpaid amounts of a bonus,
incentive pay, or similar benefit if the Secretary
concerned determines that termination of the payment of
the unpaid amounts would be contrary to a personnel
policy or management objective, would be against equity
and good conscience, or would be contrary to the best
interests of the United States.
``(B) In this paragraph, the term `sole survivorship
discharge' means the separation of a member from the Armed
Forces, at the request of the member, pursuant to the
Department of Defense policy permitting the early separation of
a member who is the only surviving child in a family in which--
``(i) the father or mother or one or more
siblings--
``(I) served in the Armed Forces; and
``(II) was killed, died as a result of
wounds, accident, or disease, is in a captured
or missing in action status, or is permanently
100 percent disabled or hospitalized on a
continuing basis (and is not employed gainfully
because of the disability or hospitalization);
and
``(ii) the death, status, or disability did not
result from the intentional misconduct or willful
neglect of the parent or sibling and was not incurred
during a period of unauthorized absence.''.

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.

(a) Special Pay for Duty Subject to Hostile Fire or Imminent
Danger.--Section 310 of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``and Special Pay Amount'' in the
subsection heading; and
(B) by striking ``at the rate of $225 for any
month'' in the matter preceding paragraph (1) and
inserting ``under subsection (b) for any month or
portion of a month'';
(2) in subsection (c), by striking paragraph (3);
(3) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Special Pay Amount; Proration.--(1) The special pay
authorized by subsection (a) may not exceed $225 a month.
``(2) Except as provided in subsection (c), if a member does not
satisfy the eligibility requirements specified in paragraphs (1) and
(2) of subsection (a) for an entire month for receipt of special pay
under subsection (a), the Secretary concerned may prorate the payment
amount to reflect the duration of the member's actual qualifying
service during the month.''.
(b) Hazardous Duty Pay.--Section 351 of such title is amended--
(1) by striking subsections (c) and (d) and redesignating
subsections (e) through (i) as subsections (d) through (h),
respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Method of Payment; Proration.--
``(1) Monthly payment.--Subject to paragraph (2), hazardous
duty pay shall be paid on a monthly basis.
``(2) Proration.--If a member does not satisfy the
eligibility requirements specified in paragraph (1), (2), or
(3) of subsection (a) for an entire month for receipt of
hazardous duty pay, the Secretary concerned may prorate the
payment amount to reflect the duration of the member's actual
qualifying service during the month.''.
(c) Assignment or Special Duty Pay.--Section 352(b)(1) of such
title is amended by adding at the end the following new sentence: ``If
paid monthly, the Secretary concerned may prorate the monthly amount of
the assignment or special duty pay for a member who does not satisfy
the eligibility requirement for an entire month to reflect the duration
of the member's actual qualifying service during the month.''.
(d) Skill Incentive Pay.--Section 353 of such title is amended--
(1) by striking subsection (f) and redesignating
subsections (g) through (j) as subsections (f) through (i),
respectively; and
(2) in subsection (c), by striking paragraph (1) and
inserting the following new paragraph:
``(1) Skill incentive pay.--(A) Skill incentive pay under
subsection (a) may not exceed $1,000 a month.
``(B) If a member does not satisfy the eligibility
requirements specified in paragraphs (1) and (2) of subsection
(a) for an entire month for receipt of skill incentive pay, the
Secretary concerned may prorate the payment amount to reflect
the duration of the member's actual qualifying service during
the month. A member of a reserve component entitled to
compensation under section 206 of this title who is authorized
skill incentive pay under subsection (a) may be paid an amount
of such pay that is proportionate to the compensation received
by the member under section 206 of this title for inactive-duty
training.''.
(e) Application of Amendments.--The amendments made by this section
shall apply with respect to months beginning 90 or more days after the
date of the enactment of this Act.

SEC. 619. ADDITIONAL SPECIAL PAYS AND BONUSES AUTHORIZED FOR MEMBERS
AGREEING TO SERVE IN AFGHANISTAN FOR THE DURATION OF THE
UNITED STATES MISSION.

(a) Authority to Develop Demonstration Program.--Notwithstanding
the limitations specified in subsection (b) of section 352 of title 37,
United States Code, on the maximum amount of assignment or special duty
pay that may be paid to a member of the Armed Forces under such
section, the Secretary of Defense may develop a program to provide
additional special pays and bonuses to members (particularly members
who score a 4.0 on the Foreign Service Institute test for the dominant
languages of Pashto and Dari) who agree to serve on active duty in
Afghanistan for 6 years or the duration of the United States mission in
Afghanistan, whichever occurs first. The assignment period required by
the agreement shall provide for reasonable periods of leave.
(b) Relation to Other Authorities.--A program developed under
subsection (a) may be provided--
(1) without regard to the lack of specific authority for
the program or policy under title 10 or title 37, United States
Code; and
(2) notwithstanding any provision of such titles, or any
rule or regulation prescribed under such provision, relating to
methods of--
(A) determining requirements for operational
assignment stability; and
(B) establishing programs to achieve greater
stability when operational requirements so dictate.
(c) Waiver of Otherwise Applicable Laws.--Except as provided in
subsection (a), a provision of title 10 or title 37, United States
Code, may not be waived with respect to, or otherwise determined to be
inapplicable to, a program developed under subsection (a) without the
approval of the Secretary of Defense.
(d) Notice and Wait Requirement.--A program initiated under
subsection (a) may not be implemented until--
(1) the Secretary of the Defense submits to Congress--
(A) a description of the program, including the
purpose and the expected benefit to the Government;
(B) a description of the provisions of titles 10,
or 37, United States Code, from which the program would
require a waiver, and the rationale to support the
waiver;
(C) a statement of the anticipated outcomes as a
result of implementing the program; and
(D) the method to be used to evaluate the
effectiveness of the program.
(e) Duration of Developed Program.--A program developed under
subsection (a) may be provided for not longer than a three-year period
beginning on the implementation date, except that the Secretary of
Defense may extend the period if the Secretary determines that
additional time is needed to fully evaluate the effectiveness of the
program.
(f) Reporting Requirements.--
(1) Report.--The Secretary shall submit to Congress an
annual report on the program provided under subsection (a)
during the preceding year, including--
(A) a description of any programs developed and
fielded under subsection (a) during that fiscal year;
and
(B) an assessment of the impact of the programs on
the effectiveness and efficiency in achieving the
United States mission in Afghanistan.
(g) Termination of Authority.--Subject to subsection (e), the
authority to carry out a program under this section expires on December
31, 2012.

Subtitle C--Travel and Transportation Allowances

SEC. 631. TRANSPORTATION OF ADDITIONAL MOTOR VEHICLE OF MEMBERS ON
CHANGE OF PERMANENT STATION TO OR FROM NONFOREIGN AREAS
OUTSIDE THE CONTINENTAL UNITED STATES.

(a) Authority to Transport Additional Motor Vehicle.--Subsection
(a) of section 2634 of title 10, United States Code, is amended--
(1) by striking the sentence following paragraph (4);
(2) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(3) by inserting ``(1)'' after ``(a)''; and
(4) by adding at the end the following new paragraph:
``(2) One additional motor vehicle of a member (or a dependent of
the member) may be transported as provided in paragraph (1) if--
``(A) the member is ordered to make a change of permanent
station to or from a nonforeign area outside the continental
United States and the member has at least one dependent of
driving age who will use the motor vehicle; or
``(B) the Secretary concerned determines that a replacement
for the motor vehicle transported under paragraph (1) is
necessary for reasons beyond the control of the member and is
in the interest of the United States and the Secretary approves
the transportation in advance.''.
(b) Technical and Conforming Amendments.--Such subsection is
further amended--
(1) by striking ``his dependents'' and inserting ``a
dependent of the member'';
(2) by striking ``him'' and inserting ``the member'';
(3) by striking ``his)'' and inserting ``the member)'';
(4) by striking ``his new'' and inserting ``the member's
new''; and
(5) in paragraph (1)(C), as redesignated by subsection (a),
by striking ``clauses (1) and (2)'' and inserting
``subparagraphs (A) and (B)''.
(c) Effective Date.--Paragraph (2)(A) of subsection (a) of section
2634 of title 10, United States Code, as added by subsection (a)(4),
shall apply with respect to orders issued on or after the date of the
enactment of this Act for members of the Armed Forces to make a change
of permanent station to or from nonforeign areas outside the
continental United States.

SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED
INDIVIDUALS OF WOUNDED, ILL, OR INJURED MEMBERS FOR
DURATION OF INPATIENT TREATMENT.

(a) Authority to Provide Travel to Designated Individuals.--
Subsection (a) of section 411h of title 37, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``family members of a member
described in paragraph (2)'' and inserting
``individuals who, with respect to a member described
in paragraph (2), are designated individuals for that
member'';
(B) by striking ``that the presence of the family
member'' and inserting ``that the presence of the
designated individual''; and
(C) by striking ``of family members'' and inserting
``of designated individuals''; and
(2) by adding at the end the following new paragraph:
``(4) In the case of a designated individual who is also a member
of the uniformed services, that member may be provided travel and
transportation under this section in the same manner as a designated
individual who is not a member.''.
(b) Definition of Designated Individual.--Subsection (b) of such
section is amended by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) In this section, the term `designated individual', with
respect to a member, means--
``(A) an individual designated by the member for the
purposes of this section; or
``(B) in the case of a member who has not made a
designation under subparagraph (A) and, as determined by the
attending physician or surgeon, is not able to make such a
designation, an individual who, as designated by the attending
physician or surgeon and the commander or head of the military
medical facility exercising control over the member, is someone
with a personal relationship to the member whose presence would
aid and support the health and welfare of the member during the
duration of the member's inpatient treatment.
``(2) The designation of an individual as a designated individual
for purposes of this section may be changed at any time.''.
(c) Coverage of Members Hospitalized Outside the United States Who
Were Wounded or Injured in a Combat Operation or Combat Zone.--
(1) Coverage for hospitalization outside the united
states.--Subparagraph (B) of section (a)(2) of such section is
amended--
(A) in clause (i), by striking ``in or outside the
United States''; and
(B) in clause (ii), by striking ``in the United
States''.
(2) Clarification of members covered.--Such subparagraph is
further amended--
(A) in clause (i), by inserting ``seriously
wounded,'' after ``(i) is''; and
(B) in clause (ii)--
(i) by striking ``an injury'' and inserting
``a wound or an injury''; and
(ii) by striking ``that injury'' and
inserting ``that wound or injury''.
(d) Frequency of Authorized Travel.--Paragraph (3) of subsection
(a) of such section is amended to read as follows:
``(3)(A) Not more than a total of three round trips may be provided
under paragraph (1) in any 60-day period at Government expense to the
individuals who are the designated individuals of a member during that
period.
``(B) If the Secretary concerned has waived the limitation in
paragraph (1) on the number of designated individuals for a member,
then for any 60-day period during which the waiver is in effect, the
limitation in subparagraph (A) shall be adjusted accordingly.
``(C) During any period during which there is in effect a non-
medical attendant designation for a member, not more than a total of
two round trips may be provided under paragraph (1) in any 60-day
period at Government expense until a non-medical attendant is no longer
designated or that designation transfers to another individual, in
which case during the transfer period three round trips may be
provided.''.
(e) Stylistic and Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Travel and
Transportation Authorized.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Definitions.--''
after ``(b)'';
(3) in subsection (c)--
(A) by inserting ``Round Trip Transportation and
Per Diem Allowance.--'' after ``(c)''; and
(B) in paragraph (1), by striking ``family member''
and inserting ``designated individual''; and
(4) in subsection (d), by inserting ``Method of
Transportation Authorized.--'' after ``(d)''.
(f) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 411h. Travel and transportation allowances: transportation of
designated individuals incident to hospitalization of
members for treatment of wounds, illness, or injury''.
(2) Table of sections.--The table of sections at the
beginning of chapter 7 of such title is amended by striking the
item relating to section 411h and inserting the following new
item:

``411h. Travel and transportation allowances: transportation of
designated individuals incident to
hospitalization of members for treatment of
wounds, illness, or injury.''.
(g) Conforming Amendment to Wounded Warrior Act.--Paragraph (4) of
section 1602 of the Wounded Warrior Act (title XVI of Public Law 110-
181; 10 U.S.C. 1071 note) is amended to read as follows:
``(4) Eligible family member.--(A) The term `eligible
family member' means a family member who is on invitational
travel orders or serving as a non-medical attendee while caring
for a recovering service member for more than 45 days during a
one-year period.
``(B) For purposes of subparagraph (A), the term `family
member', with respect to a recovering service member, means the
following:
``(i) The member's spouse.
``(ii) Children of the member (including
stepchildren, adopted children, and illegitimate
children).
``(iii) Parents of the member or persons in loco
parentis to the member, including fathers and mothers
through adoption and persons who stood in loco parentis
to the member for a period not less than 1 year
immediately before the member entered the uniformed
service, except that only one father and one mother or
their counterparts in loco parentis may be recognized
in any one case.
``(iv) Siblings of the member. Such term includes a
person related to the member as described in clause
(i), (ii), (iii), or (iv) who is also a member of the
uniformed services.''.
(h) Applicability of Amendments.--No reimbursement may be provided
under section 411h of title 37, United States Code, by reason of the
amendments made by this section for travel and transportation costs
incurred before the date of the enactment of this Act.

SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-
MEDICAL ATTENDANTS FOR VERY SERIOUSLY AND SERIOUSLY
WOUNDED, ILL, OR INJURED MEMBERS.

(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411j the following new
section:
``Sec. 411k. Travel and transportation allowances: non-medical
attendants for members who are determined to be very
seriously or seriously wounded, ill, or injured
``(a) Allowance for Non-medical Attendant.--(1) Under uniform
regulations prescribed by the Secretaries concerned, travel and
transportation described in subsection (d) may be provided for a
qualified non-medical attendant for a covered member of the uniformed
services described in subsection (c) if the attending physician or
surgeon and the commander or head of the military medical facility
exercising control over the member determine that the presence of such
an attendant may contribute to the member's health and welfare.
``(b) Qualified Non-medical Attendant.--For purposes of this
section, a qualified non-medical attendant, with respect to a covered
member, is an individual who--
``(1) is designated by the member to be a non-medical
attendant for the member for purposes of this section; and
``(2) is determined by the attending physician or surgeon
and the commander or head of the military medical facility to
be appropriate to serve as a non-medical attendant for the
member and whose presence may contribute to the health and
welfare of the member.
``(c) Covered Members.--A member of the uniformed services covered
by this section is a member who--
``(1) as a result of a wound, illness, or injury, has been
determined by the attending physician or surgeon to be in the
category known as `very seriously wounded, ill, or injured' or
`seriously wounded, ill, or injured'; and
``(2) is hospitalized for treatment of the wound, illness,
or injury or requires continuing outpatient treatment for the
wound, illness, or injury.
``(d) Authorized Travel and Transportation.--(1) The transportation
authorized by subsection (a) for a qualified non-medical attendant for
a member is round-trip transportation between the home of the attendant
and the location at which the member is receiving treatment and may
include transportation, while accompanying the member, to any other
location to which the member is subsequently transferred for further
treatment. A designated non-medical attendant under this section may
not also be a designated individual for travel and transportation
allowances section 411h(a) of this title.
``(2) The transportation authorized by subsection (a) includes any
travel necessary to obtain treatment for the member at the location to
which the member is permanently assigned.
``(3) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the travel, or a
combination thereof, but not to exceed the rates established under
section 404(d) of this title.
``(4) The transportation authorized by subsection (a) may be
provided by any of the following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind at a rate to be prescribed by the Secretaries concerned.
``(C) Reimbursement for the commercial cost of
transportation.
``(5) An allowance payable under this subsection may be paid in
advance.
``(6) Reimbursement payable under this subsection may not exceed
the cost of Government-procured commercial round-trip air travel.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 411j the following new item:

``411k. Travel and transportation allowances: non-medical attendants
for members determined to be very seriously
or seriously wounded, ill, or injured.''.
(b) Applicability.--No reimbursement may be provided under section
411k of title 37, United States Code, as added by subsection (a), for
travel and transportation costs incurred before the date of the
enactment of this Act.

SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF BAGGAGE AND
HOUSEHOLD EFFECTS FOR CERTAIN ENLISTED MEMBERS.

(a) Allowance.--The table in section 406(b)(1)(C) of title 37,
United States Code, is amended by striking the items relating to pay
grades E-5 through E-9 and inserting the following new items:

------------------------------------------------------------------------
Pay Grade Without Dependents With Dependents
------------------------------------------------------------------------
``E-9 13,500 15,500
E-8 12,500 14,500
E-7 11,500 13,500
E-6 8,500 11,500
E-5 7,500 9,500''.
------------------------------------------------------------------------

(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2009.
(c) Funding Source.--Of the amounts authorized to be appropriated
to the Department of Defense for military personnel accounts for fiscal
year 2010, not more than $31,000,000 shall be available to cover the
additional costs incurred to implement the amendment made by subsection
(a).

Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED GRADE
OF RESERVE RETIREES TO REFLECT SERVICE AFTER RETIREMENT.

(a) Recomputation of Retired Pay.--Section 12739 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(e)(1) If a member of the Retired Reserve is recalled to an
active status in the Selected Reserve of the Ready Reserve under
section 10145(d) of this title and completes not less than two years of
service in such active status, the member is entitled to the
recomputation under this section of the retired pay of the member.
``(2) The Secretary concerned may reduce the two-year service
requirement specified in paragraph (1) in the case of a member who--
``(A) is recalled to serve in a position of adjutant
general required under section 314 of title 32 or in a position
of assistant adjutant general subordinate to such a position of
adjutant general;
``(B) completes at least 6 months of service in such
position; and
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of
title 32.''.
(b) Adjustment of Retired Grade.--Section 12771 of such title is
amended--
(1) by striking ``Unless'' and inserting ``(a) Grade on
Transfer.--Unless''; and
(2) by adding at the end the following new subsection:
``(b) Effect of Subsequent Recall to Active Status.--(1) If a
member of the Retired Reserve who is a commissioned officer is recalled
to an active status in the Selected Reserve of the Ready Reserve under
section 10145(d) of this title and completes not less than two years of
service in such active status, the member is entitled to an adjustment
in the retired grade of the member in the manner provided in section
1370(d) of this title.
``(2) The Secretary concerned may reduce the two-year service
requirement specified in paragraph (1) in the case of a member who--
``(A) is recalled to serve in a position of adjutant
general required under section 314 of title 32 or in a position
of assistant adjutant general subordinate to such a position of
adjutant general;
``(B) completes at least 6 months of service in such
position; and
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of
title 32.''.
(c) Retroactive Applicability.--The amendments made by this section
shall take effect as of January 1, 2008.

SEC. 642. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE UPON
RETIREMENT FOR SERVICE IN AN ACTIVE RESERVE STATUS
PERFORMED AFTER ATTAINING ELIGIBILITY FOR REGULAR
RETIREMENT.

(a) Election Authority; Requirements.--Subsection (a) of section
12741 of title 10, United States Code, is amended to read as follows:
``(a) Authority to Elect to Receive Reserve Retired Pay.--(1)
Notwithstanding the requirement in paragraph (4) of section 12731(a) of
this title that a person may not receive retired pay under this chapter
when the person is entitled, under any other provision of law, to
retired pay or retainer pay, a person may elect to receive retired pay
under this chapter, instead of receiving retired or retainer pay under
chapter 65, 367, 571, or 867 of this title, if the person--
``(A) satisfies the requirements specified in paragraphs
(1) and (2) of such section for entitlement to retired pay
under this chapter;
``(B) served in an active status in the Selected Reserve of
the Ready Reserve after becoming eligible for retirement under
chapter 65, 367, 571, or 867 of this title (without regard to
whether the person actually retired or received retired or
retainer pay under one of those chapters); and
``(C) completed not less than two years of satisfactory
service (as determined by the Secretary concerned) in such
active status (excluding any period of active service).
``(2) The Secretary concerned may reduce the minimum two-year
service requirement specified in paragraph (1)(C) in the case of a
person who--
``(A) completed at least 6 months of service in a position
of adjutant general required under section 314 of title 32 or
in a position of assistant adjutant general subordinate to such
a position of adjutant general; and
``(B) failed to complete the minimum years of service
solely because the appointment of the person to such position
was terminated or vacated as described in section 324(b) of
title 32.''.
(b) Actions to Effectuate Election.--Subsection (b) of such section
is amended by striking paragraph (1) and inserting the following new
paragraph:
``(1) terminate the eligibility of the person to retire
under chapter 65, 367, 571, or 867 of this title, if the person
is not already retired under one of those chapters, and
terminate entitlement of the person to retired or retainer pay
under one of those chapters, if the person was already
receiving retired or retainer pay under one of those chapters;
and''.
(c) Conforming Amendment to Reflect New Variable Age Requirement
for Retirement.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable to
the person under section 12731(f) of this title''; and
(2) in paragraph (2)(A), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable to
the person under such section''.
(d) Clerical Amendments.--
(1) Section heading.--The heading for section 12741 of such
title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed in
the Selected Reserve of the Ready Reserve after
eligibility for regular retirement''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1223 of such title is amended by striking
the item relating to section 12741 and inserting the following
new item:

``12741. Retirement for service in an active status performed in the
Selected Reserve of the Ready Reserve after
eligibility for regular retirement.''.
(e) Retroactive Applicability.--The amendments made by this section
shall take effect as of January 1, 2008.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations

SEC. 651. ADDITIONAL EXCEPTION TO LIMITATION ON USE OF APPROPRIATED
FUNDS FOR DEPARTMENT OF DEFENSE GOLF COURSES.

Section 2491a of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) of subsection (b) as
subsection (c) and, in such subsection (as so redesignated)--
(A) by inserting ``Regulations.--'' before ``The
Secretary''; and
(B) by striking ``this subsection'' and inserting
``subsection (b)''; and
(2) by inserting after paragraph (1) of subsection (b) the
following new paragraph:
``(2) Subsection (a) does not apply to the purchase, operation, or
maintenance of equipment intended to ensure compliance with the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).''.

SEC. 652. LIMITATION ON DEPARTMENT OF DEFENSE ENTITIES OFFERING
PERSONAL INFORMATION SERVICES TO MEMBERS AND THEIR
DEPENDENTS.

(a) Imposition of Limitation.--Subchapter III of chapter 147 of
title 10, United States Code, is amended by inserting after section
2492 the following new section:
``Sec. 2492a. Limitation on Department of Defense entities competing
with private sector in offering personal information
services
``(a) Limitation.--Notwithstanding section 2492 of this title, the
Secretary of Defense may not authorize a Department of Defense entity
to offer or provide personal information services using Department
resources, personnel, or equipment, or compete for contracts to provide
such personal information services, if users will be charged a fee for
the personal information services to recover the cost incurred to
provide the services or to earn a profit.
``(b) Exceptions.--Subsection (a) shall not apply if the Secretary
of Defense determines that--
``(1) a private sector vendor is not available to provide
the personal information services at specific locations; or
``(2) the interests of the user population would be best
served by allowing the Government to provide such services.
``(c) Personal Information Services Defined.--In this section, the
term `personal information services' means the provision of Internet,
telephone, or television services to consumers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after section 2492 the
following new item:

``2492a. Limitation on Department of Defense entities competing with
private sector in offering personal
information services.''.
(c) Effect on Existing Contracts.--Section 2492a of title 10,
United States Code, as added by subsection (a), does not affect the
validity or terms of any contract for the provision of personal
information services entered into before the date of the enactment of
this Act.

SEC. 653. REPORT ON IMPACT OF PURCHASING FROM LOCAL DISTRIBUTORS ALL
ALCOHOLIC BEVERAGES FOR RESALE ON MILITARY INSTALLATIONS
ON GUAM.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report evaluating the impact of reimposing the
requirement, effective for fiscal year 2008 pursuant to section 8073 of
the Department of Defense Appropriations Act, 2008 (division A of
Public Law 110-116; 121 Stat. 1331) but not extended for fiscal year
2009, that all alcoholic beverages intended for resale on military
installations on Guam be purchased from local sources.
(b) Evaluation Requirements.--As part of the report, the
Comptroller General shall specifically evaluate the following:
(1) The rationale for and validity of the concerns of
nonappropriated funds activities over the one-year imposition
of the local-purchase requirement and the impact the
requirement had on alcohol resale prices.
(2) The justification for the increase in the price of
alcoholic beverages for resale on military installations on
Guam.
(3) The actions of the nonappropriated fund activities in
complying with the local purchase requirements for resale of
alcoholic beverages and their purchase of such affected
products before and after the effective date of provision of
law referred to in subsection (a).
(4) The potential cost savings in transportation costs,
including use of second destination transportation funds,
accruing from the purchase of alcoholic beverages from local
distributors on Guam.
(5) The ability of local distributors on Guam to meet
demands for stocks of certain alcoholic beverages in the event
that the local purchase requirement became permanent for Guam.
(6) The consistency in application of the alcohol resale
requirement for nonappropriated fund activities on military
installations with regards to Department of Defense Instruction
1330.09 (or any successor to that instruction) and the methods
used to determine the resale price of alcoholic beverages.

Subtitle F--Other Matters

SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY AND
ALLOWANCES ERRONEOUSLY PAID TO MEMBERS.

(a) Maximum Monthly Percentage of Member's Pay Authorized for
Deduction.--Paragraph (3) of subsection (c) of section 1007 of title
37, United States Code, is amended by striking ``20 percent'' and
inserting ``10 percent''.
(b) Consultation Regarding Deduction or Repayment Terms.--Such
paragraph is further amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) In all cases described in subparagraph (A), the Secretary
concerned shall consult with the member regarding the repayment rate to
be imposed under such subparagraph to recover the indebtedness, taking
into account the financial ability of the member to pay and avoiding
the imposition of an undue hardship on the member and the member's
dependents.''.
(c) Delay in Instituting Collections From Wounded or Injured
Members.--Paragraph (4) of such subsection is amended to read as
follows:
``(4)(A) If a member of the uniformed services, while in the line
of duty, is injured or wounded by hostile fire, explosion of a hostile
mine, or any other hostile action, or otherwise incurs a wound, injury,
or illness in a combat operation or combat zone designated by the
President or the Secretary of Defense, any overpayment of pay or
allowances made to the member while the member recovers from the wound,
injury, or illness may not be deducted from the member's pay until--
``(i) the member is notified of the overpayment; and
``(ii) the later of the following occurs:
``(I) The end of the 180-day period beginning on
the date of the completion of the tour of duty of the
member in the combat operation or combat zone.
``(II) The end of the 90-day period beginning on
the date of the reassignment of the member from a
military treatment facility or other medical unit
outside of the theater of operations.
``(B) Subparagraph (A) shall not apply if the member, after
receiving notification of the overpayment, requests or consents to
initiation at an earlier date of the collection of the overpayment of
the pay or allowances.''.
(d) Five-year Deadline on Seeking Repayment.--Such subsection is
further amended by adding at the end the following new paragraph:
``(5) The Secretary concerned may not deduct from the pay of a
member of the uniformed services or otherwise recover, seek to recover,
or assist in the recovery from a member or former member any
overpayment of pay or allowances made to the member through no fault of
the member unless the Secretary notifies the member of the indebtedness
before the end of the five-year period beginning on the date on which
the overpayment was made. If the notice is not provided before the end
of such period, the Secretary concerned shall cancel the indebtedness
of the member to the United States.''.
(e) Expanded Discretion Regarding Remission or Cancellation of
Indebtedness.--
(1) Army.--Section 4837(a) of title 10, United States Code,
is amended by striking ``, but only if the Secretary considers
such action to be in the best interest of the United States.''
and inserting ``if the Secretary determines that the person--
``(1) relies on social security benefits or disability
compensation under this title or title 38 (or a combination
thereof) for more than half of the person's annual income; or
``(2) would suffer an undue hardship in repaying the
indebtedness.''.
(2) Naval service.--Section 6161(a) of such title is
amended by striking ``, but only if the Secretary considers
such action to be in the best interest of the United States.''
and inserting ``if the Secretary determines that the person--
``(1) relies on social security benefits or disability
compensation under this title or title 38 (or a combination
thereof) for more than half of the person's annual income; or
``(2) would suffer an undue hardship in repaying the
indebtedness.''.
(3) Air force.--Section 9837(a) of such title is amended by
striking ``, but only if the Secretary considers such action to
be in the best interest of the United States.'' and inserting
``if the Secretary determines that the person--
``(1) relies on social security benefits or disability
compensation under this title or title 38 (or a combination
thereof) for more than half of the person's annual income; or
``(2) would suffer an undue hardship in repaying the
indebtedness.''.
(f) Effective Date.--The amendments made by this section shall
apply only with respect to an overpayment of pay or allowances made to
a member of the uniformed services after the date of the enactment of
this Act.

SEC. 662. ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT INCENTIVES.

(a) Extension of Authority.--Subsection (i) of section 681 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3321) is amended by striking ``December 31, 2009''
and inserting ``December 31, 2012''.
(b) Limitation on Use of Authority.--Subsection (e) of such section
is amended by inserting ``at the same time'' after ``provided''.

SEC. 663. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE
PROGRAM FOR CERTAIN PERIODS BEFORE IMPLEMENTATION OF
PROGRAM.

(a) In General.--Under regulations prescribed by the Secretary of
Defense, the Secretary concerned may provide any member or former
member of the Armed Forces with the benefits specified in subsection
(b) if the member or former member would, on any day during the period
beginning on January 19, 2007, and ending on the date of the
implementation of the Post-Deployment/Mobilization Respite Absence
(PDMRA) program by the Secretary concerned, have qualified for a day of
administrative absence under the Post-Deployment/Mobilization Respite
Absence program had the program been in effect during such period.
(b) Benefits.--The benefits authorized under this section are the
following:
(1) In the case of an individual who is a former member of
the Armed Forces at the time of the provision of benefits under
this section, payment of an amount not to exceed $200 for each
day the individual would have qualified for a day of
administrative absence as described in subsection (a) during
the period specified in that subsection.
(2) In the case of an individual who is a member of the
Armed Forces at the time of the provision of benefits under
this section, either one day of administrative absence or
payment of an amount not to exceed $200, as selected by the
Secretary concerned, for each day the individual would have
qualified for a day of administrative absence as described in
subsection (a) during the period specified in that subsection.
(c) Exclusion of Certain Former Members.--A former member of the
Armed Forces is not eligible under this section for the benefits
specified in subsection (b)(1) if the former member was discharged or
released from the Armed Forces under other than honorable conditions.
(d) Maximum Number of Days of Benefits.--Not more than 40 days of
benefits may be provided to a member or former member of the Armed
Forces under this section.
(e) Form of Payment.--The paid benefits authorized under this
section may be paid in a lump sum or installments, at the election of
the Secretary concerned.
(f) Construction With Other Pay and Leave.--The benefits provided a
member or former member of the Armed Forces under this section are in
addition to any other pay, absence, or leave provided by law.
(g) Definitions.--In this section:
(1) The term ``Post-Deployment/Mobilization Respite Absence
program'' means the program of a military department to provide
days of administrative absence not chargeable against available
leave to certain deployed or mobilized members of the Armed
Forces in order to assist such members in reintegrating into
civilian life after deployment or mobilization.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(5) of title 37, United States Code.
(h) Termination.--
(1) In general.--The authority to provide benefits under
this section shall expire on the date that is 1 year after the
date of the enactment of this Act.
(2) Construction.--Expiration under this subsection of the
authority to provide benefits under this section shall not
affect the utilization of any day of administrative absence
provided a member of the Armed Forces under subsection (b)(2),
or the payment of any payment authorized a member or former
member of the Armed Forces under subsection (b), before the
expiration of the authority in this section.

SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSATION,
RETIREMENT, AND OTHER MILITARY PERSONNEL PROGRAMS.

It is the sense of Congress that members of the Armed Forces and
their families and military retirees deserve ongoing recognition and
support for their service and sacrifices on behalf of the United
States, and Congress will continue to be vigilant in identifying
appropriate direct spending offsets that can be used to address
shortcoming within those military personnel programs that incur
mandatory spending obligations.

SEC. 665. COMPTROLLER GENERAL REPORT ON COST TO CITIES AND OTHER
MUNICIPALITIES THAT COVER THE DIFFERENCE BETWEEN AN
EMPLOYEE'S MILITARY SALARY AND MUNICIPAL SALARY.

Not later than 90 days after the date of the enactment of this Act,
the Comptroller General shall submit to Congress a report on the costs
incurred by cities and other municipalities that elect to cover the
difference between--
(1) an employee's military salary when that employee is a
member of a reserve component and called or ordered to active
duty; and
(2) the municipal salary of the employee.

SEC. 666. POSTAL BENEFITS PROGRAM FOR SENDING FREE MAIL TO MEMBERS OF
THE ARMED FORCES SERVING IN CERTAIN OVERSEAS OPERATIONS
AND HOSPITALIZED MEMBERS.

(a) Availability of Postal Benefits.--The Secretary of Defense, in
consultation with the United States Postal Service, shall provide for a
program under which postal benefits are provided during fiscal year
2010 to qualified individuals in accordance with this section.
(b) Qualified Individual.--In this section, the term ``qualified
individual'' means a member of the Armed Forces described in subsection
(a)(1) of section 3401 of title 39, United States Code, who is entitled
to free mailing privileges under such section.
(c) Postal Benefits Described.--
(1) Vouchers.--The postal benefits provided under the
program shall consist of such coupons or other similar evidence
of credit (in this section referred to as a ``voucher'') to
permit a person possessing the voucher to make a qualified
mailing to any qualified individual without charge using the
Postal Service. The vouchers may be in printed, electronic, or
such other format as the Secretary of Defense, in consultation
with the Postal Service, shall determine to be appropriate.
(2) Qualified mailing.--In this section, the term
``qualified mailing'' means the mailing of a single mail piece
which--
(A) is first-class mail (including any sound- or
video-recorded communication) not exceeding 13 ounces
in weight and having the character of personal
correspondence or parcel post not exceeding 15 pounds
in weight;
(B) is sent from within an area served by a United
States post office; and
(C) is addressed to any qualified individual.
(3) Coordination rule.--Postal benefits under the program
are in addition to, and not in lieu of, any reduced rates of
postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Number of Vouchers.--A member of the Armed Forces shall be
eligible for one voucher for every month (or part of a month) during
fiscal year 2010 in which the member is a qualified individual. Subject
to subsection (f)(2), a voucher earned during fiscal year 2010 may be
used after the end of such fiscal year.
(e) Transfer of Vouchers.--A qualified individual may transfer a
voucher to a member of the family of the qualified individual, a
nonprofit organization, or any other person selected by the qualified
individual for use to send qualified mailings to the qualified
individual or other qualified individuals.
(f) Limitations on Use; Duration.--A voucher may not be used--
(1) for more than one qualified mailing, whether that
mailing is a first-class letter or a parcel; or
(2) after the expiration date of the voucher, as designated
by the Secretary of Defense.
(g) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense (in consultation with
the Postal Service) shall prescribe such regulations as may be
necessary to carry out the program, including--
(1) procedures by which vouchers will be provided or made
available in timely manner to qualified individuals; and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (d).
(h) Transfers of Funds to Postal Service.--
(1) Based on estimates.--The Secretary of Defense shall
transfer to the Postal Service, out of amounts available to
carry out the program and in advance of each calendar quarter
during which postal benefits may be used under the program, an
amount equal to the amount of postal benefits that the
Secretary estimates will be used during such quarter, reduced
or increased (as the case may be) by any amounts by which the
Secretary finds that a determination under this subsection for
a prior quarter was greater than or less than the amount
finally determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than 6 months
after the expiration date of the final vouchers issued under
the program.
(3) Consultation required.--All estimates and
determinations under this subsection of the amount of postal
benefits under the program used in any period shall be made by
the Secretary of Defense in consultation with the Postal
Service.
(i) Funding.--
(1) Funding source and limitation.--In addition to the
amounts authorized to be appropriated in section 301(1) for
operation and maintenance for Army for fiscal year 2010,
$50,000,000 is authorized to be appropriated for postal
benefits provided in the this section.
(2) Offsetting reduction.--Funds authorized to be
appropriated in section 301 in fiscal year 2010 for operation
and maintenance are reduced as follows:
(A) For operation and maintenance for the Army,
Army Claims is reduced by $10,000,000.
(B) For operation and maintenance for the Navy,
System-Wide Navy Communications is reduced by
$10,000,000.
(C) For operation and maintenance for the Air
Force, System-Wide Air Force Communications is reduced
by $30,000,000.

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.

(a) Prohibition.--The Secretary of a military department may not
convert any military medical or dental position to a civilian medical
or dental position on or after October 1, 2007.
(b) Restoration of Certain Positions to Military Positions.--In the
case of any military medical or dental position that is converted to a
civilian medical or dental position during the period beginning on
October 1, 2004, and ending on September 30, 2008, if the position is
not filled by a civilian by September 30, 2008, the Secretary of the
military department concerned shall restore the position to a military
medical or dental position that may be filled only by a member of the
Armed Forces who is a health professional.
(c) Definitions.--In this section:
(1) The term ``military medical or dental position'' means
a position for the performance of health care functions (or
coded to work within a military treatment facility) within the
Armed Forces held by a member of the Armed Forces.
(2) The term ``civilian medical or dental position'' means
a position for the performance of health care functions within
the Department of Defense held by an employee of the Department
or of a contractor of the Department.
(3) The term ``conversion'', with respect to a military
medical or dental position, means a change of the position to a
civilian medical or dental position, effective as of the date
of the manning authorization document of the military
department making the change (through a change in designation
from military to civilian in the document, the elimination of
the listing of the position as a military position in the
document, or through any other means indicating the change in
the document or otherwise).
(d) Repeal.--Section 721 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 198; 10 U.S.C. 129c
note) is repealed.

SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.

(a) Requirement for Chiropractic Care.--Subject to such regulations
as the Secretary of Defense may prescribe, the Secretary shall provide
chiropractic services for members of the uniformed services who are
entitled to care under section 1074(a) of title 10, United States Code.
Such chiropractic services may be provided only by a doctor of
chiropractic.
(b) Demonstration Projects.--The Secretary of Defense may conduct
one or more demonstration projects to provide chiropractic services to
deployed members of the uniformed services. Such chiropractic services
may be provided only by a doctor of chiropractic.
(c) Definitions.--In this section:
(1) The term ``chiropractic services''--
(A) includes diagnosis (including by diagnostic X-
ray tests), evaluation and management, and therapeutic
services for the treatment of a patient's health
condition, including neuromusculoskeletal conditions
and the subluxation complex, and such other services
determined appropriate by the Secretary and as
authorized under State law; and
(B) does not include the use of drugs or surgery.
(2) The term ``doctor of chiropractic'' means only a doctor
of chiropractic who is licensed as a doctor of chiropractic,
chiropractic physician, or chiropractor by a State, the
District of Columbia, or a territory or possession of the
United States.

SEC. 703. EXPANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE DENTAL
PROGRAM.

Paragraph (3) of section 1076a(k) of title 10, United States Code,
is amended to read as follows:
``(3) Such term does not include a dependent by reason of paragraph
(2) after the end of the three-year period beginning on the date of the
member's death, except that, in the case of a dependent of the deceased
who is described by subparagraph (D) or (I) of section 1072(2) of this
title, the period of continued eligibility shall be the longer of the
following periods beginning on such date:
``(A) Three years.
``(B) The period ending on the date on which such dependent
attains 21 years of age.
``(C) In the case of such dependent who, at 21 years of
age, is enrolled in a full-time course of study in a secondary
school or in a full-time course of study in an institution of
higher education approved by the administering Secretary and
was, at the time of the member's death, in fact dependent on
the member for over one-half of such dependent's support, the
period ending on the earlier of the following dates:
``(i) The date on which such dependent ceases to
pursue such a course of study, as determined by the
administering Secretary.
``(ii) The date on which such dependent attains 23
years of age.''.

SEC. 704. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED
RESERVE WHO ARE QUALIFIED FOR A NON-REGULAR RETIREMENT
BUT ARE NOT YET AGE 60.

(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076d the following new section:
``Sec. 1076e. TRICARE program: TRICARE standard coverage for certain
members of the Retired Reserve who are qualified for a
non-regular retirement but are not yet age 60
``(a) Eligibility.--(1) Except as provided in paragraph (2), a
member of the Retired Reserve of a reserve component of the armed
forces who is qualified for a non-regular retirement at age 60 under
chapter 1223 of this title, but is not age 60, is eligible for health
benefits under TRICARE Standard as provided in this section.
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.
``(b) Termination of Eligibility Upon Obtaining Other TRICARE
Standard Coverage.--Eligibility for TRICARE Standard coverage of a
member under this section shall terminate upon the member becoming
eligible for TRICARE Standard coverage at age 60 under section 1086 of
this title.
``(c) Family Members.--While a member of a reserve component is
covered by TRICARE Standard under this section, the members of the
immediate family of such member are eligible for TRICARE Standard
coverage as dependents of the member. If a member of a reserve
component dies while in a period of coverage under this section, the
eligibility of the members of the immediate family of such member for
TRICARE Standard coverage under this section shall continue for the
same period of time that would be provided under section 1086 of this
title if the member had been eligible at the time of death for TRICARE
Standard coverage under such section (instead of under this section).
``(d) Premiums.--(1) A member of a reserve component covered by
TRICARE Standard under this section shall pay a premium for that
coverage.
``(2) The Secretary of Defense shall prescribe for the purposes of
this section one premium for TRICARE Standard coverage of members
without dependents and one premium for TRICARE Standard coverage of
members with dependents referred to in subsection (f)(1). The premium
prescribed for a coverage shall apply uniformly to all covered members
of the reserve components covered under this section.
``(3) The monthly amount of the premium in effect for a month for
TRICARE Standard coverage under this section shall be the amount equal
to the cost of coverage that the Secretary determines on an appropriate
actuarial basis.
``(4) The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums under this subsection.
``(5) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(e) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.
``(f) Definitions.--In this section:
``(1) The term `immediate family', with respect to a member
of a reserve component, means all of the member's dependents
described in subparagraphs (A), (D), and (I) of section 1072(2)
of this title.
``(2) The term `TRICARE Standard' means--
``(A) medical care to which a dependent described
in section 1076(a)(2) of this title is entitled; and
``(B) health benefits contracted for under the
authority of section 1079(a) of this title and subject
to the same rates and conditions as apply to persons
covered under that section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1076d the following new item:

``1076e. TRICARE program: TRICARE standard coverage for certain members
of the Retired Reserve who are qualified
for a non-regular retirement but are not
yet age 60.''.
(c) Effective Date.--Section 1076e of title 10, United States Code,
as inserted by subsection (a), shall apply to coverage for months
beginning on or after October 1, 2009, or such earlier date as the
Secretary of Defense may specify.

SEC. 705. COOPERATIVE HEALTH CARE AGREEMENTS BETWEEN MILITARY
INSTALLATIONS AND NON-MILITARY HEALTH CARE SYSTEMS.

(a) Authority.--The Secretary of Defense may establish cooperative
health care agreements between military installations and local or
regional health care systems.
(b) Requirements.--In establishing such agreements, the Secretary
shall--
(1) consult with--
(A) the Secretaries of the military departments;
(B) representatives from the military installation
selected for the agreement, including the TRICARE
managed care support contractor with responsibility for
such installation; and
(C) Federal, State, and local government officials;
(2) identify and analyze health care services available in
the area in which the military installation is located,
including such services available at a military medical
treatment facility or in the private sector (or a combination
thereof);
(3) determine the cost avoidance or savings resulting from
innovative partnerships between the Department of Defense and
the private sector; and
(4) determine the opportunities for and barriers to
coordinating and leveraging the use of existing health care
resources, including such resources of Federal, State, local,
and private entities.
(c) Annual Reports.--Not later than December 31 of each year an
agreement entered into under this section is in effect, the Secretary
shall submit to the congressional defense committees a report on each
such agreement. Each report shall include, at a minimum, the following:
(1) A description of the agreement.
(2) Any cost avoidance, savings, or increases as a result
of the agreement.
(3) A recommendation for continuing or ending the
agreement.
(d) Rule of Construction.--Nothing in this section shall be
construed as authorizing the provision of health care services at
military medical treatment facilities or other facilities of the
Department of Defense to individuals who are not otherwise entitled or
eligible for such services under chapter 55 of title 10, United States
Code.

SEC. 706. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS.

(a) In General.--Subsection (d) of section 1074 of title 10, United
States Code, is amended to read as follows:
``(d)(1) For the purposes of this chapter, a member of a reserve
component of the armed forces who is issued or covered by a delayed-
effective-date active-duty order or an official notification shall be
treated as being on active duty for a period of more than 30 days
beginning on the later of the following dates:
``(A) The earlier of the date that is--
``(i) the date of the issuance of such order; or
``(ii) the date of the issuance of such official
notification.
``(B) The date that is 180 days before the date on which
the period of active duty is to commence under such order or
official notification for that member.
``(2) In this subsection:
``(A) The term `delayed-effective-date active-duty order'
means an order to active duty for a period of more than 30 days
in support of a contingency operation under a provision of law
referred to in section 101(a)(13)(B) of this title that
provides for active-duty service to begin under such order on a
date after the date of the issuance of the order.
``(B) The term `official notification' means a memorandum
from the Secretary concerned that notifies a unit or a member
of a reserve component of the armed forces that such unit or
member shall receive a delayed-effective-date active-duty
order.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to a delayed-effective-date active-duty order or official
notification issued on or after the date of the enactment of this Act.

SEC. 707. NATIONAL CASUALTY CARE RESEARCH CENTER.

(a) Designation.--Not later than October 1, 2010, the Secretary of
Defense shall designate a center to be known as the ``National Casualty
Care Research Center'' (in this section referred to as the ``Center''),
which shall consist of the program known as combat casualty care of the
Army Medical Research and Materiel Command.
(b) Director.--The Secretary shall appoint a director of the
Center.
(c) Activities of the Center.--In addition to other functions
performed by the combat casualty care program, the Center shall--
(1) provide a public-private partnership for funding
clinical trials and clinical research in combat injury;
(2) integrate basic and clinical research from both
military and civilian populations to accelerate improvements to
trauma care;
(3) ensure that data from both military and civilian
entities, including the Joint Theater Trauma Registry and the
National Trauma Data Bank, are optimally used to establish
research strategies and measure improvements in outcomes;
(4) fund the full range of injury research and evaluation,
including--
(A) basic, translational, and clinical research;
(B) point of injury and pre-hospital care;
(C) early resuscitative management;
(D) initial and definitive surgical care; and
(E) rehabilitation and reintegration into society;
and
(5) coordinate the collaboration of military and civilian
institutions conducting trauma research.
(d) Authorization.--In addition to any other funds authorized to be
appropriated for the combat casualty care program of the Army Medical
Research and Materiel Command, there is hereby authorized to be
appropriated to the Secretary $1,000,000 for fiscal year 2010 for the
purpose of carrying out activities under this section.

SEC. 708. NOTIFICATION OF MEMBERS OF THE ARMED FORCES OF EXPOSURE TO
POTENTIALLY HARMFUL MATERIALS AND CONTAMINANTS.

(a) Notification Required.--In the case of a member of the Armed
Forces who is exposed to a potentially harmful material or contaminant,
as determined by the Secretary of Defense, the Secretary shall, as soon
as possible, notify the member, and in the case of a member of a
reserve component, the State military department of the member, of the
member's exposure to such material or contaminant and any health risks
associated with exposure to such material or contaminant.
(b) In-theater Notification.--If the Secretary of Defense
determines that a member of the Armed Forces has been exposed to a
potentially harmful material or contaminant while that member is
deployed, the Secretary shall notify the member of such exposure under
subsection (a) while that member is so deployed.

SEC. 709. POST-DEPLOYMENT MENTAL HEALTH SCREENING DEMONSTRATION
PROJECT.

(a) Demonstration Project Required.--The Secretary of Defense shall
conduct a demonstration project to assess the feasibility and efficacy
of providing a member of the Armed Forces with a post-deployment mental
health screening that is conducted in person by a mental health
provider.
(b) Elements.--The demonstration project shall include, at a
minimum, the following elements:
(1) A combat stress evaluation conducted in person by a
qualified mental health professional not later than 120 to 180
days after the date on which the member returns from combat
theater.
(2) Follow-ups by a case manager (who may or may not be
stationed at the same military installation as the member)
conducted by telephone at the following intervals after the
initial post-deployment screening:
(A) Six months.
(B) 12 months.
(C) 18 months.
(D) 24 months.
(c) Requirements of Combat Stress Evaluation.--The combat stress
evaluation required by subsection (b)(1) shall be designed to--
(1) provide members of the Armed Forces with an objective
mental health and traumatic brain injury standard to screen for
suicide risk factors;
(2) ease post-deployment transition by allowing members to
be honest in their assessments;
(3) battle the stigma of depression and mental health
problems among members and veterans; and
(4) ultimately reduce the prevalence of suicide among
veterans of Operation Iraqi Freedom and Operation Enduring
Freedom.
(d) Consultation.--The Secretary of Defense shall develop the
demonstration project in consultation with the Secretary of Veterans
Affairs and the Secretary of Health and Human Services. The Secretary
of Defense may also coordinate the program with any accredited college,
university, hospital-based or community-based mental health center the
Secretary considers appropriate.
(e) Selection of Military Installation.--The demonstration project
shall be conducted at two military installations, one active duty and
one reserve component demobilization station, selected by the Secretary
of Defense. The installations selected shall have members of the Armed
Forces on active duty and members of the reserve components that use
the installation as a training and operating base, with members
routinely deploying in support of operations in Iraq, Afghanistan, and
other assignments related to the global war on terrorism.
(f) Personnel Requirements.--The Secretary of Defense shall ensure
an adequate number of the following personnel in the program:
(1) Qualified mental health professionals that are licensed
psychologists, psychiatrists, psychiatric nurses, licensed
professional counselors, or clinical social workers.
(2) Suicide prevention counselors.
(g) Timeline.--
(1) The demonstration project required by this section
shall be implemented not later than September 30, 2010.
(2) Authority for this demonstration project shall expire
on September 30, 2012.
(h) Reports.--The Secretary of Defense shall submit to the
congressional defense committees--
(1) a plan to implement the demonstration project,
including site selection and criteria for choosing the site,
not later than June 1, 2010;
(2) an interim report every 180 days thereafter; and
(3) a final report detailing the results not later than
January 1, 2013.

SEC. 710. REPORT ON JOINT VIRTUAL LIFETIME ELECTRONIC RECORD.

Not later than December 31, 2009, the Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall submit to
Congress a report on the progress that has been made on the
establishment, announced by the President on April 9, 2009, of a Joint
Virtual Lifetime Electronic Record for members of the Armed Forces to
improve the quality of medical care and create a seamless integration
between the Department of Defense and the Department of Veterans
Affairs. The report shall--
(1) explain what steps compose the Secretaries' plan to
fully achieve the establishment of the seamless record system
between the two departments;
(2) identify any unforeseen obstacles that have arisen that
may require legislative action; and
(3) explain how the plan relates to the mandate in section
1635 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 10 U.S.C. 1071 note) that the
Secretary of Defense and the Secretary of the Department of
Veterans Affairs jointly develop and implement, by September
30, 2009, electronic health record systems or capabilities that
allow for full interoperability of personal health care
information between the Department of Defense and the
Department of Veterans Affairs.

SEC. 710A. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE.

(a) Findings.--Congress finds that veterans who are members of the
Individual Ready Reserve (in this section referred to as the ``IRR'')
and are not assigned to units that muster regularly and have an
established support structure are less likely to be helped by existing
suicide prevention programs run by the Secretary of Defense and the
Secretary of Veterans Affairs.
(b) In General.--The Secretary of Defense shall ensure that all
covered members receive a counseling call from properly trained
personnel not less than once every 90 days so long as the member
remains a member of the IRR.
(c) Personnel.--In carrying out this section, the Secretary shall
ensure the following:
(1) Personnel conducting calls determine the emotional,
psychological, medical, and career needs and concerns of the
covered member.
(2) Any covered member identified as being at-risk of self-
caused harm is referred to the nearest military medical
treatment facility or accredited TRICARE provider for immediate
evaluation and treatment by a qualified mental health care
provider.
(3) If a covered member is identified under paragraph (2),
the Secretary shall confirm that the member has received the
evaluation and any necessary treatment.
(d) Report.--Not later than January 31 of each year, beginning in
2010, the Secretary shall submit to Congress a report on the number of
IRR members not assigned to units who have been referred for counseling
or mental health treatment, as well as the health and career status of
such members.
(e) Covered Member Defined.--In this section, a ``covered member''
is a member of the Individual Ready Reserve who has completed at least
one tour in either Iraq or Afghanistan.

SEC. 710B. TREATMENT OF AUTISM UNDER TRICARE.

(a) In General.--Section 1077 of title 10, United States Code, is
amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(18) In accordance with subsection (g), treatment of
autism spectrum disorders.''; and
(2) by adding at the end the following new subsection:
``(g)(1) For purposes of subsection (a)(18), and to the extent that
appropriated funds are available for the purposes of this subsection,
treatment of autism spectrum disorders shall be provided if a health
care professional determines that the treatment is medically necessary.
Such treatment shall include the following:
``(A) Habilitative or rehabilitative care.
``(B) Pharmaceutical agents.
``(C) Psychiatric care.
``(D) Psychological care.
``(E) Speech therapy.
``(F) Occupational therapy.
``(G) Physical therapy.
``(H) Group therapy, if a health care professional
determines it necessary to develop, maintain, or restore the
skills of the beneficiary.
``(I) Any other care or treatment that a health care
professional determines medically necessary.
``(2) Beneficiaries under the age of five who have developmental
delays and are considered at-risk for autism may not be denied access
to treatment described by paragraph (1) if a health care professional
determines that the treatment is medically necessary.
``(3) The Secretary may not consider the use of applied behavior
analysis or other structured behavior programs under this section to be
special education for purposes of section 1079(a)(9) of this title.
``(4) In carrying out this subsection, the Secretary shall ensure
that--
``(A) a person who is authorized to provide applied
behavior analysis or other structured behavior programs is
licensed or certified by a state, the Behavior Analyst
Certification Board, or other accredited national certification
board; and
``(B) if applied behavior analysis or other structured
behavior program is provided by an employee or contractor of a
person authorized to provide such treatment, the employee or
contractor shall meet minimum qualifications, training, and
supervision requirements consistent with business best
practices in the field of behavior analysis and autism
services.
``(5)(A) This subsection shall not apply to a medicare-eligible
beneficiary.
``(B) Except as provided in subparagraph (A), nothing in this
subsection shall be construed as limiting or otherwise affecting the
benefits provided to a medicare-eligible beneficiary under--
``(i) this chapter;
``(ii) part A of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.); or
``(iii) any other law.
``(6) In this section:
``(A) The term `autism spectrum disorders' includes
autistic disorder, Asperger's syndrome, and any of the
pervasive developmental disorders as defined by the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders.
``(B) The term `habilitative and rehabilitative care'
includes--
``(i) professional counseling;
``(ii) guidance service;
``(iii) treatment programs, including not more than
40 hours per week of applied behavior analysis; and
``(iv) other structured behavior programs that a
health care professional determines necessary to
develop, improve, maintain, or restore the functions of
the beneficiary.
``(C) The term `health care professional' has the meaning
given that term in section 1094(e)(2) of this title.
``(D) The term `medicare-eligible' has the meaning given
that term in section 1111(b) of this title.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe such
regulations as may be necessary to carry out section 1077(a)(18) of
title 10, United States Code, as added by subsection (a).
(c) Funding.--
(1) Funding increase.--The amount otherwise provided by
section 1403 for TRICARE funding is hereby increased by
$50,000,000 to provide funds to carry out section 1077(a)(18)
of title 10, United States Code, as added by subsection (a).
(2) Offsetting reduction.--
(A) Reduce the amount of Operation and Maintenance,
Army, by $25,000,000, to be derived from the Service-
wide Communications.
(B) Reduce the amount of Operation and Maintenance,
Navy, by $15,000,000, to be derived from Service-wide
Communications.
(C) Reduce the amount of Research Development Test
and Evaluation, by $10,000,000, to be derived from
Advanced Aerospace Systems Integrated Sensor IS
Structure, PE 68286E.

Subtitle B--Reports

SEC. 711. REPORT ON POST-TRAUMATIC STRESS DISORDER EFFORTS.

(a) Report Required.--Not later than December 31, 2010, the
Secretary of Defense and the Secretary of Veterans Affairs, in
consultation with the Secretary of Health and Human Services, shall
jointly submit to the appropriate committees a report on the treatment
of post-traumatic stress disorder. The report shall include the
following:
(1) A list of each program and method available for the
prevention, screening, diagnosis, treatment, or rehabilitation
of post-traumatic stress disorder, including--
(A) the rates of success for each such program or
method (including an operational definition of the term
``success'' and a discussion of the process used to
quantify such rates);
(B) the number of members of the Armed Forces and
veterans diagnosed by the Department of Defense or the
Department of Veterans Affairs as having post-traumatic
stress disorder and the number of such veterans who
have been successfully treated; and
(C) any collaborative efforts between the
Department of Defense and the Department of Veterans
Affairs to prevent, screen, diagnose, treat, or
rehabilitate post-traumatic stress disorder.
(2) The status of studies and clinical trials involving
innovative treatments of post-traumatic stress disorder that
are conducted by the Department of Defense, the Department of
Veterans Affairs, or the private sector, including--
(A) efforts to identify physiological markers of
post-traumatic stress disorder;
(B) with respect to efforts to determine causation
of post-traumatic stress disorder, brain imaging
studies and the correlation between brain region
atrophy and post-traumatic stress disorder diagnoses
and the results (including any interim results) of such
efforts;
(C) the effectiveness of alternative therapies in
the treatment of post-traumatic stress disorder,
including the therapeutic use of animals;
(D) the effectiveness of administering
pharmaceutical agents before, during, or after a
traumatic event in the prevention and treatment of
post-traumatic stress disorder; and
(E) identification of areas in which the Department
of Defense and the Department of Veterans Affairs may
be duplicating studies, programs, or research with
respect to post-traumatic stress disorder.
(3) A description of each treatment program for post-
traumatic stress disorder, including a comparison of the
methods of treatment by each program, at the following
locations:
(A) Fort Hood, Texas.
(B) Fort Bliss, Texas.
(C) Fort Campbell, Tennessee.
(D) Other locations the Secretary of Defense
considers appropriate.
(4) The respective annual expenditure by the Department of
Defense and the Department of Veterans Affairs for the
treatment and rehabilitation of post-traumatic stress disorder.
(5) A description of gender-specific and racial and ethnic
group-specific mental health treatment and services available
for members of the Armed Forces, including--
(A) the availability of such treatment and
services;
(B) the access to such treatment and services;
(C) the need for such treatment and services; and
(D) the efficacy and adequacy of such treatment and
services.
(6) A description of areas for expanded future research
with respect to post-traumatic stress disorder.
(7) Any other matters the Secretaries consider relevant.
(b) Updated Report Required.--Not later than December 31, 2012, the
Secretary of Defense and the Secretary of Veterans Affairs, in
consultation with the Secretary of Health and Human Services, shall
jointly submit to the appropriate committees an update of the report
required by subsection (a).
(c) Appropriate Committees Defined.--In this section, the term
``appropriate committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Veterans' Affairs, and the
Committee on Energy and Commerce of the House of
Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Veterans' Affairs, and the
Committee on Health, Education, Labor, and Pensions of the
Senate.

SEC. 712. REPORT ON THE FEASIBILITY OF TRICARE PRIME IN CERTAIN
COMMONWEALTHS AND TERRITORIES OF THE UNITED STATES.

(a) Study Required.--The Secretary of Defense shall conduct a study
examining the feasibility and cost-effectiveness of offering TRICARE
Prime in each of the following locations:
(1) American Samoa.
(2) Guam.
(3) The Commonwealth of the Northern Mariana Islands.
(4) The Commonwealth of Puerto Rico.
(5) The Virgin Islands.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the study.
(c) TRICARE Prime Defined.--In this section, the term ``TRICARE
Prime'' has the meaning given that term in section 1097a(f)(1) of title
10, United States Code.

SEC. 713. REPORT ON THE HEALTH CARE NEEDS OF MILITARY FAMILY MEMBERS.

(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the health care needs of
dependents (as defined in section 1072(2) of title 10, United States
Code). The report shall include, at a minimum, the following:
(1) With respect to both the direct care system and the
purchased care system, an analysis of the type of health care
facility in which dependents seek care.
(2) The 10 most common medical conditions for which
dependents seek care.
(3) The availability of and access to health care providers
to treat the conditions identified under paragraph (2), both in
the direct care system and the purchased care system.
(4) Any shortfalls in the ability of dependents to obtain
required health care services.
(5) Recommendations on how to improve access to care for
dependents.
(6) With respect to dependents accompanying a member
stationed at a military installation outside of the United
States, the need for and availability of mental health care
services.
(b) Pilot Program.--
(1) Elements.--The Secretary of the Army shall carry out a
pilot program on the mental health care needs of military
children and adolescents. In carrying out the pilot program,
the Secretary shall establish a center to--
(A) develop teams to train primary care managers in
mental health evaluations and treatment of common
psychiatric disorders affecting children and
adolescents;
(B) develop strategies to reduce barriers to
accessing behavioral health services and encourage
better use of the programs and services by children and
adolescents; and
(C) expand the evaluation of mental heath care
using common indicators, including--
(i) psychiatric hospitalization rates;
(ii) non-psychiatric hospitalization rates;
and
(iii) mental health relative value units.
(2) Reports.--
(A) Interim report.--Not later than 90 days after
establishing the pilot program, the Secretary of the
Army shall submit to the congressional defense
committees a report describing the--
(i) structure and mission of the program;
and
(ii) the resources allocated to the
program.
(B) Final report.--Not later than September 30,
2012, the Secretary of the Army shall submit to the
congressional defense committees a report that
addresses the elements described under paragraph (1).

SEC. 714. REPORT ON STIPENDS FOR MEMBERS OF RESERVE COMPONENTS FOR
HEALTH CARE FOR CERTAIN DEPENDENTS.

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 on stipends paid under section 704 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 188; 10 U.S.C. 1076 note). The report shall include--
(1) the number of stipends paid;
(2) the amount of the average stipend; and
(3) the number of members who received such stipends.

SEC. 715. REPORT ON THE REQUIRED NUMBER OF MILITARY MENTAL HEALTH
PROVIDERS.

Not later than 1 year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report on the appropriate number of military mental health
providers required to meet the mental health care needs of members of
the Armed Forces, retired members, and dependents. The report shall
include, at a minimum, the following:
(1) An evaluation of the recommendation titled ``Ensure an
Adequate Supply of Uniformed Providers'' made by the Department
of Defense Task Force on Mental Health established by section
723 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3348).
(2) The criteria and models used to determine the
appropriate number of military mental health providers.
(3) A plan for how the Secretary of Defense will achieve
the appropriate number of military mental health providers,
including timelines, budgets, and any additional legislative
authority the Secretary determines is required for such plan.

SEC. 716. REPORT ON RURAL ACCESS TO HEALTH CARE.

The Secretary of Defense shall submit to the congressional defense
committees a report on the health care of rural members of the Armed
Forces and individuals who receive health care under chapter 55 of
title 10, United States. The report shall include recommendations of
resources or legislation the Secretary determines necessary to improve
access to health care for such individuals.

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.

(a) In General.--In the case of a product or service to be acquired
in support of military or stability operations in Afghanistan for which
the Secretary of Defense makes a determination described in subsection
(b), the Secretary may conduct a procurement in which--
(1) competition is limited to products or services that are
from one or more countries along a major route of supply to
Afghanistan; or
(2) a preference is provided for products or services that
are from one or more countries along a major route of supply to
Afghanistan.
(b) Determination.--A determination described in this subsection is
a determination by the Secretary that--
(1) the product or service concerned is to be used only by
personnel that ship goods, or provide support for shipping
goods, for military forces, police, or other security personnel
of Afghanistan, or for military or civilian personnel of the
United States, United States allies, or Coalition partners
operating in military or stability operations in Afghanistan;
(2) it is in the national security interest of the United
States to limit competition or provide a preference as
described in subsection (a) because such limitation or
preference is necessary--
(A) to reduce overall United States transportation
costs and risks in shipping goods in support of
military or stability operations in Afghanistan;
(B) to encourage countries along a major route of
supply to Afghanistan to cooperate in expanding supply
routes through their territory in support of military
or stability operations in Afghanistan; or
(C) to help develop more robust and enduring routes
of supply to Afghanistan; and
(3) limiting competition or providing a preference as
described in subsection (a) will not adversely affect--
(A) military or stability operations in
Afghanistan; or
(B) the United States industrial base.
(c) Products, Services, and Sources From a Country Along a Major
Route of Supply to Afghanistan.--For the purposes of this section:
(1) A product is from a country along a major route of
supply to Afghanistan if it is mined, produced, or manufactured
in a covered country.
(2) A service is from a country along a major route of
supply to Afghanistan if it is performed in a covered country
by citizens or permanent resident aliens of a covered country.
(3) A source is from a country along a major route of
supply to Afghanistan if it--
(A) is located in a covered country; and
(B) offers products or services that are from a
covered country.
(d) Covered Country Defined.--In this section, the term ``covered
country'' means Georgia, Kyrgyzstan, Pakistan, Armenia, Azerbaijan,
Kazakhstan, Tajikistan, Uzbekistan, or Turkmenistan.
(e) Construction With Other Authority.--The authority provided in
subsection (a) is in addition to the authority set forth in section 886
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note).
(f) Termination of Authority.--The Secretary of Defense may not
exercise the authority provided in subsection (a) on and after the date
occurring 18 months after the date of the enactment of this Act.
(g) Report on Authority.--Not later than April 1, 2010, the
Secretary of Defense shall submit to the congressional defense
committees a report on the use of the authority provided in subsection
(a). The report shall address, at a minimum, following:
(1) The number of determinations made by the Secretary
pursuant to subsection (b).
(2) A description of the products and services acquired
using the authority.
(3) The extent to which the use of the authority has met
the objectives of subparagraph (A), (B), or (C) of subsection
(b)(2).
(4) A list of the countries providing products or services
as a result of a determination made pursuant to subsection (b).
(5) Any recommended modifications to the authority.

SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING.

(a) Assessment Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall provide for an independent
assessment of improvements in the procurement and oversight of services
by the Department of Defense. The assessment shall be conducted by a
federally funded research and development center selected by the Under
Secretary.
(b) Matters Covered.--The assessment required by subsection (a)
shall include the following:
(1) An assessment of the quality and completeness of
guidance relating to the procurement of services, including
implementation of statutory and regulatory authorities and
requirements.
(2) A determination of the extent to which best practices
are being developed for setting requirements and developing
statements of work.
(3) A determination of whether effective standards to
measure performance have been developed.
(4) An assessment of the effectiveness of peer reviews
within the Department of Defense of contracts for services and
whether such reviews are being conducted at the appropriate
dollar threshold.
(5) An assessment of the management structure for the
procurement of services, including how the military departments
and Defense Agencies have implemented section 2330 of title 10,
United States Code.
(6) A determination of whether the performance savings
goals required by section 802 of the National Defense
Authorization Act for Fiscal Year 2002 (10 U.S.C. 2330 note)
are being achieved.
(7) An assessment of the effectiveness of the Acquisition
Center of Excellence for Services established pursuant to
section 1431(b) of the Services Acquisition Reform Act of 2003
(title XIV of Public Law 108-136; 117 Stat. 1671; 41 U.S.C. 405
note) and the feasibility of creating similar centers of
excellence in the military departments.
(8) An assessment of the quality and sufficiency of the
acquisition workforce for the procurement and oversight of
services.
(9) Such other related matters as the Under Secretary
considers appropriate.
(c) Report.--Not later than March 10, 2010, the Under Secretary
shall submit to the congressional defense committees a report on the
results of the assessment, including such comments and recommendations
as the Under Secretary considers appropriate.

SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR PROCUREMENT OF
CONTRACT SERVICES AND RELATED CLARIFYING TECHNICAL
AMENDMENTS.

(a) Codification of Requirement for Specification of Amounts
Requested for Procurement of Contract Services.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 235, as added by section
242(a) of this Act, the following new section:
``Sec. 236. Procurement of contract services: specification of amounts
requested in budget
``(a) Submission With Annual Budget Justification Documents.--The
Secretary of Defense shall submit to the President, as a part of the
defense budget materials for a fiscal year, information described in
subsection (b) with respect to the procurement of contract services.
``(b) Information Provided.--For each budget account, the materials
submitted shall clearly and separately identify--
``(1) the amount requested for the procurement of contract
services for each Department of Defense component,
installation, or activity;
``(2) the amount requested for each type of service to be
provided; and
``(3) the number of full-time contractor employees (or the
equivalent of full-time in the case of part-time contractor
employees) projected and justified for each Department of
Defense component, installation, or activity based on the
inventory of contracts for services required by subsection (c)
of section 2330a of this title and the review required by
subsection (e) of such section.
``(c) Definitions.--In this section:
``(1) The term `contract services'--
``(A) means services from contractors; but
``(B) excludes services relating to research and
development and services relating to military
construction.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to the President
by the Secretary of Defense in support of the budget for that
fiscal year.
``(3) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``236. Procurement of contract services: specification of amounts
requested in budget.''.
(3) Repeal of superseded provision.--Section 806 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 221 note) is repealed.
(b) Clarification of Contract Services Review and Planning
Requirements.--Section 2330a(e) of title 10, United States Code, is
amended in paragraph (4) by inserting after ``plan'' the following:
``and a contracts services requirements approval process''.

SEC. 804. DEMONSTRATION AUTHORITY FOR ALTERNATIVE ACQUISITION PROCESS
FOR DEFENSE INFORMATION TECHNOLOGY PROGRAMS.

(a) Authority.--The Secretary of Defense may designate up to 10
information technology programs annually to be included in a
demonstration of an alternative acquisition process for rapidly
acquiring information technology capabilities. In designating the
programs, the Secretary may select any information technology program
in any of the military departments or Defense Agencies that has
received milestone A approval, but has not yet received milestone B
approval.
(b) Procedures.--The Secretary of Defense shall establish
procedures for the exercise of the authority under subsection (a),
including a process for measuring the effectiveness of the alternative
acquisition process to be demonstrated. The Secretary of Defense shall
notify the congressional defense committees of those procedures before
any exercise of that authority.
(c) Requirement to Pay Full Cost in Year of Delivery.--No contract
to acquire an information technology system may be entered into using
the authority under subsection (a) unless the funds for the full cost
of such system are obligated or expended in the fiscal year of delivery
of the system.
(d) Annual Report.--By March 1 of each year, beginning March 1,
2010, and ending March 1, 2016, the Secretary of Defense shall submit
to the congressional defense committees a report on the activities
carried out under the authority under subsection (a) during the
preceding year. Each report shall include, at a minimum, the following:
(1) A description of each information technology program in
the demonstration, including goals, funding, and military
department or Defense Agency sponsors.
(2) A description of the methods for measuring the
effectiveness of the alternative acquisition process for each
information technology program in the demonstration.
(3) Identification of any significant systemic or process
issues impeding the effectiveness of the alternative
acquisition process.
(e) Period of Authority.--The authority under subsection (a) shall
be in effect during each of fiscal years 2010 through 2015.

SEC. 805. LIMITATION ON PERFORMANCE OF PRODUCT SUPPORT INTEGRATOR
FUNCTIONS.

(a) Limitation.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410r. Contractor sustainment support arrangements: limitation
on product support integrator functions
``(a) Limitation.--A product support integrator function for a
covered major system may be performed only by a member of the armed
forces or an employee of the Department of Defense.
``(b) Definitions.--In this section:
``(1) The term `product support integrator function' means
the function of integrating all sources of support for a major
system, both public and private, and includes the integration
of sustainment support arrangements at the level of the program
office responsible for sustainment of such system.
``(2) The term `covered major system' means a major system
for which a sustainment support arrangement is employed.
``(3) The term `sustainment support arrangement' means a
contract, task order, or other contractual arrangement for the
integration of sustainment or logistics support such as
materiel management, configuration management, data management,
supply, distribution, repair, overhaul, product improvement,
calibration, maintenance, readiness, reliability, availability,
mean down time, customer wait time, foot print reduction,
reduced ownership costs and other tasks normally performed as
part of the logistics support required for a major system. The
term includes any of the following arrangements:
``(A) Contractor performance-based logistics.
``(B) Contractor sustainment support.
``(C) Contractor logistics support.
``(D) Contractor life cycle product support.
``(E) Contractor weapons system product support.
``(3) The term `major system' means that combination of
elements that will function together to produce the
capabilities required to fulfill a mission need as defined in
section 2302(d) this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 2410q the following new item:

``2410r. Contractor sustainment support arrangements: limitation on
product support integrator functions.''.
(b) Effective Date.--Section 2410r of title 10, United States Code,
as added by subsection (a), shall apply to contracts entered into after
September 30, 2010.

Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations

SEC. 811. REVISION OF DEFENSE SUPPLEMENT RELATING TO PAYMENT OF COSTS
PRIOR TO DEFINITIZATION.

(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall revise the
Defense Supplement to the Federal Acquisition Regulation to require
that, if a clause relating to payment of costs prior to definitization
of costs is included in a contract of the Department of Defense, the
clause shall apply--
(1) to the contract regardless of the type of contract; and
(2) to each contractual action pursuant to the contract.
(b) Contractual Action.--In this section, the term ``contractual
action'' includes a task order or delivery order.

SEC. 812. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN IRAQ AND
AFGHANISTAN.

(a) Revisions to Definition of Contract in Iraq or Afghanistan.--
Section 864(a)(2) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is
amended--
(1) by striking ``or a task order or delivery order at any
tier issued under such a contract'' and inserting ``a task
order or delivery order at any tier issued under such a
contract, a grant, or a cooperative agreement'';
(2) by striking in the parenthetical ``or task order or
delivery order'' and inserting ``task order, delivery order,
grant, or cooperative agreement'';
(3) by striking ``or task or delivery order'' after the
parenthetical and inserting ``task order, delivery order,
grant, or cooperative agreement''; and
(4) by striking ``14 days'' and inserting ``30 days''.
(b) Revision to Definition of Covered Contract.--Section 864(a)(3)
of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302 note) is
amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period and inserting a semicolon at the
end of subparagraph (C); and
(3) by adding at the end the following new subparagraphs:
``(D) a grant for the performance of services in an
area of combat operations, as designated by the
Secretary of Defense under subsection (c) of section
862; or
``(E) a cooperative agreement for the performance
of services in such an area of combat operations.''.
(c) Revision to Definition of Contractor.--Paragraph (4) of section
864(a) of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302
note) is amended to read as follows:
``(4) Contractor.--The term `contractor', with respect to a
covered contract, means--
``(A) in the case of a covered contract that is a
contract, subcontract, task order, or delivery order,
the contractor or subcontractor carrying out the
covered contract;
``(B) in the case of a covered contract that is a
grant, the grantee; and
``(C) in the case of a covered contract that is a
cooperative agreement, the recipient.''.
(d) Revision in Value of Contracts Covered by Certain Report.--
Section 1248(c)(1)(B) of such Act (Public Law 110-181; 122 Stat. 400)
is amended by striking ``$25,000'' and inserting ``$100,000''.

SEC. 813. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR AWARDS OF SINGLE
SOURCE TASK OR DELIVERY ORDERS.

(a) Congressional Defense Committees.--Subparagraph (B) of section
2304a(d)(3) of title 10, United States Code, is amended to read as
follows:
``(B) The head of the agency shall notify the congressional defense
committees within 30 days after any determination under clause (i),
(ii), (iii), or (iv) of subparagraph (A).''.
(b) Congressional Intelligence Committees.--Any notification
provided under subparagraph (B) of section 2304a(d)(3) of title 10,
United States Code, as amended by subsection (a), shall also be
provided to the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate if the source of funds for the task or delivery order contract
concerned is the National Intelligence Program or the Military
Intelligence Program.

SEC. 814. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT
REQUIREMENT.

Section 2455(a) of the Federal Acquisition Streamlining Act of 1994
(31 U.S.C. 6101 note) is amended by inserting ``at any level, including
subcontracts at any tier,'' in the second sentence after ``any
procurement or nonprocurement activity''.

SEC. 815. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

Section 4202 of the Clinger-Cohen Act of 1996 (Division D of Public
Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) as amended by section
822 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 226) is amended in subsection (e) by
striking ``2010'' and inserting ``2012''.

SEC. 816. REVISION TO DEFINITIONS OF MAJOR DEFENSE ACQUISITION PROGRAM
AND MAJOR AUTOMATED INFORMATION SYSTEM.

(a) Major Defense Acquisition Program.--Section 2430 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(d) In the case of a Department of Defense acquisition program
that, by reason of paragraph (2) of section 2445a(a) of this title, is
a major automated information system program under chapter 144A of this
title and that, by reason of paragraph (2) of subsection (a), is a
major defense acquisition program under this chapter, the Secretary of
Defense may designate that program to be treated only as a major
automated information system program or to be treated only as a major
defense acquisition program.''.
(b) Major Automated Information System.--Section 2445a(a) of such
title is amended by inserting ``that is not a highly sensitive
classified program (as determined by the Secretary of Defense)'' after
``(either as a product or service)''.

SEC. 817. SMALL ARMS PRODUCTION INDUSTRIAL BASE.

Section 2473 of title 10, United States Code, is amended--
(1) by amending subsection (c) to read as follows:
``(c) Small Arms Production Industrial Base.--In this section, the
term `small arms production industrial base' means the persons and
organizations that are engaged in the production or maintenance of
small arms within the United States.''; and
(2) in subsection (d), by adding at the end the following
new paragraph:
``(6) Pistols.''.

SEC. 818. PUBLICATION OF JUSTIFICATION FOR BUNDLING OF CONTRACTS OF THE
DEPARTMENT OF DEFENSE.

(a) Requirement to Publish Justification for Bundling.--A
contracting officer of the Department of Defense carrying out a covered
acquisition shall publish the justification required by paragraph (f)
of subpart 7.107 of the Federal Acquisition Regulation on the website
known as FedBizOpps.gov (or any successor site) 30 days prior to the
release of a solicitation for such acquisition.
(b) Covered Acquisition Defined.--In this section, the term
``covered acquisition'' means an acquisition that is--
(1) funded entirely using funds of the Department of
Defense; and
(2) covered by subpart 7.107 of the Federal Acquisition
Regulation (relating to acquisitions involving bundling).
(c) Construction.--(1) Nothing in this section shall be construed
to alter the responsibility of a contracting officer to provide the
justification referred to in subsection (a) with respect to a covered
acquisition, or otherwise provide notification, to any party concerning
such acquisition under any other requirement of law or regulation.
(2) Nothing in this section shall be construed to require the
public availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States Code, or is
otherwise restricted from public disclosure by law or Executive order.
(3) Nothing in this section shall be construed to require a
contracting officer to delay the issuance of a solicitation in order to
meet the requirements of subsection (a) if the expedited issuance of
such solicitation is otherwise authorized under any other requirement
of law or regulation.

SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPONENT DEVELOPMENT OR
PROTOTYPE UNITS.

(a) Authority.--A contract initially awarded from the competitive
selection of a proposal resulting from a general solicitation referred
to in section 2302(2)(B) of title 10, United States Code, may contain a
contract option for--
(1) the provision of advanced component development and
prototype of technology developed in the initial underlying
contract; or
(2) the delivery of initial or additional prototype items
if the item or a prototype thereof is created as the result of
work performed under the initial competed research contract.
(b) Delivery.--A contract option as described in subsection (a)(2)
shall require the delivery of the minimal amount of initial or
additional prototype items to allow for the timely competitive
solicitation and award of a follow-on development or production
contract for those items. Such contract option may have a value only up
to three times the value of the base contract ceiling and any
subsequent development or procurement must be subject to the terms of
section 2304 of title 10, United States Code.
(c) Term.--A contract option as described in subsection (a)(1)
shall be for a term of not more than 12 months.
(d) Use of Authority.--Each military department may use the
authority provided in subsection (a) to exercise a contract option
described in that subsection up to four times a year, and the Secretary
of Defense may approve up to an additional four total options a year
for projects supported by agencies of the Department of Defense, until
September 30, 2014.
(e) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the use of the authority
provided by subsection (a) not later than March 1, 2014. The report
shall, at a minimum, describe--
(1) the number of times the contract options were exercised
under such authority and the scope of each such option;
(2) the circumstances that rendered the military department
or defense agency unable to solicit and award a follow-on
development or production contract in a timely fashion, but for
the use of such authority;
(3) the extent to which such authority increased
competition and improved technology transition; and
(4) any recommendations regarding the modification or
extension of such authority.

Subtitle C--Other Matters

SEC. 821. ENHANCED EXPEDITED HIRING AUTHORITY FOR DEFENSE ACQUISITION
WORKFORCE POSITIONS.

(a) In General.--Section 1705(h)(1) of title 10, United States
Code, is amended--
(1) in subparagraph (A), by striking ``acquisition
positions within the Department of Defense as shortage category
positions'' and inserting ``acquisition workforce positions as
positions for which there exists a shortage of candidates or
there is a critical hiring need''; and
(2) in subparagraph (B), by striking ``highly''.
(b) Technical Amendment.--Such section is further amended by
striking ``United States Code,'' in the matter preceding subparagraph
(A).

SEC. 822. ACQUISITION WORKFORCE DEVELOPMENT FUND AMENDMENTS.

(a) Revisions to Credits to Fund.--
(1) Remittance by fiscal year instead of quarter.--
Subparagraph (B) of section 1705(d)(2) of title 10, United
States Code, is amended--
(A) in the first sentence, by striking ``the third
fiscal year quarter'' and all that follows through
``thereafter'' and inserting ``each fiscal year''; and
(B) by striking ``quarter'' before ``for
services''.
(2) Authority to suspend remittance requirement.--Section
1705(d)(2) of such title is further amended by adding at the
end the following new subparagraph:
``(E) The Secretary of Defense may suspend the requirement
to remit amounts under subparagraph (B), or reduce the amount
required to be remitted under that subparagraph, for fiscal
year 2010 or any subsequent fiscal year for which amounts
appropriated to the Fund are in excess of the amount specified
for that fiscal year in subparagraph (D).''.
(b) Revision to Employees Covered by Prohibition of Payment of Base
Salary.--Paragraph (5) of section 1705(e) of such title is amended by
striking ``who was an employee of the Department as of the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2008'' and inserting ``who, as of January 28, 2008, was an employee of
the Department serving in a position in the acquisition workforce''.
(c) Technical Amendments.--Section 1705 of such title is further
amended--
(1) in subsection (a), by inserting ``Development'' after
``Workforce''; and
(2) in subsection (f), by striking ``beginning with fiscal
year 2008'' in the matter preceding paragraph (1).

SEC. 823. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS FOR MAJOR
AUTOMATED INFORMATION SYSTEM PROGRAMS.

(a) Implementation Schedule.--Section 2445b(b)(2) of title 10,
United States Code, is amended by striking ``, initial operational
capability, and full operational capability'' and inserting ``and full
deployment decision''.
(b) Critical Changes in Program.--Section 2445c(d)(2)(A) of such
title is amended by striking ``initial operational capability'' and
inserting ``a full deployment decision''.

SEC. 824. REQUIREMENT FOR SECRETARY OF DEFENSE TO DENY AWARD AND
INCENTIVE FEES TO COMPANIES FOUND TO JEOPARDIZE HEALTH OR
SAFETY OF GOVERNMENT PERSONNEL.

(a) Requirement to Deny Award and Incentive Fees.--
(1) Prime contractors.--The Secretary of Defense shall
prohibit the payment of award and incentive fees to any defense
contractor--
(A) that has been determined, through a criminal,
civil, or administrative proceeding that results in a
disposition listed in subsection (c), in the
performance of a covered contract to have caused
serious bodily injury or death to any civilian or
military personnel of the Government through gross
negligence or with reckless disregard for the safety of
such personnel; or
(B) that awarded a subcontract under a covered
contract to a subcontractor that has been determined,
through a criminal, civil, or administrative proceeding
that results in a disposition listed in subsection (c),
in the performance of the subcontract to have caused
serious injury or death to any civilian or military
personnel of the Government, through gross negligence
or with reckless disregard for the safety of such
personnel, but only to the extent that the defense
contractor has been determined (through such a
proceeding that results in such a disposition) that the
defense contractor is also liable for such actions of
the subcontractor.
(2) Subcontractors.--The Secretary of Defense shall
prohibit the payment of award and incentive fees to any
subcontractor under a covered contract that has been
determined, through a criminal, civil, or administrative
proceeding that results in a disposition listed in subsection
(c), in the performance of a covered contract to have caused
serious bodily injury or death to any civilian or military
personnel of the Government through gross negligence or with
reckless disregard for the safety of such personnel.
(b) Determination of Debarment.--Not later than 90 days after a
determination pursuant to subsection (a)(1) has been made, the
Secretary shall determine whether the defense contractor should be
debarred from contracting with the Department of Defense.
(c) List of Dispositions in Criminal, Civil, or Administrative
Proceedings.--For purposes of subsection (a), the dispositions listed
in this subsection are as follows:
(1) In a criminal proceeding, a conviction.
(2) In a civil proceeding, a finding of fault and liability
that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
(3) In an administrative proceeding, a finding of fault and
liability that results in--
(A) the payment of a monetary fine or penalty of
$5,000 or more; or
(B) the payment of a reimbursement, restitution, or
damages in excess of $100,000.
(4) To the maximum extent practicable and consistent with
applicable laws and regulations, in a criminal, civil, or
administrative proceeding, a disposition of the matter by
consent or compromise with an acknowledgment of fault by the
person if the proceeding could have led to any of the outcomes
specified in paragraph (1), (2), or (3).
(d) Waiver.--The prohibition required by subsection (a) may be
waived by the Secretary of Defense on a case-by-case basis if the
Secretary finds that the prohibition would jeopardize national
security. The Secretary shall notify the congressional defense
committees of any exercise of the waiver authority under this
subsection.
(e) Definitions.--In this section:
(1) The term ``defense contractor'' means a company awarded
a covered contract.
(2) The term ``covered contract'' means a contract awarded
by the Department of Defense for the procurement of goods or
services.
(3) The term ``serious bodily injury'' means a grievous
physical harm that results in a permanent disability.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations to implement the prohibition required by subsection (a) and
shall establish in such regulations--
(1) that the prohibition applies only to award and
incentive fees under the covered contract concerned;
(2) the extent of the award and incentive fees covered by
the prohibition, but shall include, at a minimum, all award and
incentive fees associated with the performance of the covered
contract in the year in which the serious bodily injury or
death resulting in a disposition listed in subsection (c)
occurred; and
(3) mechanisms for recovery by or repayment to the
Government of award and incentive fees paid to a contractor or
subcontractor under a covered contract prior to the
determination.
(g) Effective Date.--The prohibition required by subsection (a)
shall apply to covered contracts awarded on or after the date occurring
180 days after the date of the enactment of this Act.

SEC. 825. AUTHORIZATION FOR ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE
SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL IN AMOUNTS NOT
IN EXCESS OF $85,000,000.

With respect to actions by the President under section 303 of the
Defense Production Act of 1950 (50 U.S.C. App. 2093) to correct the
industrial resource shortfall for high-purity beryllium metal, the
limitation in subsection (a)(6)(C) of such section shall be applied by
substituting ``$85,000,000'' for ``$50,000,000''.

SEC. 826. REVIEW OF POST EMPLOYMENT RESTRICTIONS APPLICABLE TO THE
DEPARTMENT OF DEFENSE.

(a) Review Required.--The Panel on Contracting Integrity,
established pursuant to section 813 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364), shall
review policies relating to post-employment restrictions on former
Department of Defense personnel to determine whether such policies
adequately protect the public interest, without unreasonably limiting
future employment options for former Department of Defense personnel.
(b) Matters Considered.--In performing the review required by
subsection (a), the Panel shall consider the extent to which current
post-employment restrictions--
(1) appropriately protect the public interest by preventing
personal conflicts of interests and preventing former
Department of Defense officials from exercising undue or
inappropriate influence on the Department of Defense;
(2) appropriately require disclosure of personnel accepting
employment with contractors of the Department of Defense
involving matters related to their official duties;
(3) use appropriate thresholds, in terms of salary or
duties, for the establishment of such restrictions;
(4) are sufficiently straightforward and have been
explained to personnel of the Department of Defense so that
such personnel are able to avoid potential violations of post-
employment restriction and conflicts of interest in
interactions with former personnel of the Department;
(5) adequately address personnel performing duties in
acquisition-related activities that are not covered by current
restrictions relating to private sector employment following
employment with the Department of Defense and procurement
integrity, such as personnel involved in--
(A) the establishment of requirements;
(B) testing and evaluation; and
(C) the development of doctrine;
(6) ensure that the Department of Defense has access to
world-class talent, especially with respect to highly qualified
technical, engineering, and acquisition expertise; and
(7) ensure that service in the Department of Defense
remains an attractive career option.
(c) Completion of the Review.--The Panel shall complete the review
required by subsection (a) not later than 1 year after the date of the
enactment of this Act.
(d) Report to Committees on Armed Services.--Not later than 30 days
after the completion of the review, the Panel shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing the findings of the review and the
recommendations of the Panel to the Secretary of Defense, including
recommended legislative or regulatory changes, resulting from the
review.
(e) National Academy of Public Administration Assessment.--
(1) Not later than 30 days after the completion of the
review, the Secretary of Defense shall enter into an
arrangement with the National Academy of Public Administration
to assess the findings and recommendations of the review.
(2) Not later than 210 days after the completion of the
review, the National Academy of Public Administration shall
provide its assessment of the review to the Secretary, along
with such additional recommendations as the National Academy
may have.
(3) Not later than 30 days after receiving the assessment,
the Secretary shall provide the assessment, along with such
comments as the Secretary considers appropriate, to the
Committees on Armed Services of the Senate and the House of
Representatives.

SEC. 827. REQUIREMENT TO BUY MILITARY DECORATIONS, RIBBONS, BADGES,
MEDALS, INSIGNIA, AND OTHER UNIFORM ACCOUTERMENTS
PRODUCED IN THE UNITED STATES.

(a) Requirement.--Subchapter III of chapter 147 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2495c. Requirement to buy military decorations and other uniform
accouterments from American sources; exceptions
``(a) Buy-American Requirement.--A military exchange store or other
nonappropriated fund instrumentality of the Department of Defense may
not purchase for resale any military decorations, ribbons, badges,
medals, insignia, and other uniform accouterments that are not produced
in the United States. Competitive procedures shall be used in selecting
the United States producer of the decorations.
``(b) Heraldic Quality Control.--No certificate of authority
(contained in part 507 of title 32, Code of Federal Regulations) for
the manufacture and sale of any item reference in subsection (a) by the
Institute of Heraldry, the Navy Clothing and Textile Research Facility,
or the Marine Corps Combat Equipment and Support Systems for quality
control and specifications purposes shall be permitted unless these
items are from domestic material manufactured in the United States.
``(c) Exception.--Subsections (a) and (b) do not apply to the
extent that the Secretary of Defense determines that a satisfactory
quality and sufficient quantity of an item covered by subsection (a)
and produced in the United States cannot be procured at a reasonable
cost.
``(d) United States Defined.--In this section, the term `United
States' includes the Commonwealth of Puerto Rico, Guam, the United
States Virgin Islands, the Commonwealth of the Northern Mariana
Islands, American Samoa, and any other territory or possession of the
United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2495c. Requirement to buy military decorations and other uniform
accouterments from American sources;
exceptions.''.
(c) Conforming Amendment.--Section 2533a(b)(1) of such title is
amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(F) military decorations, ribbons, badges,
medals, insignia, and other uniform accouterments.''.

SEC. 828. FINDINGS AND REPORT ON THE USAGE OF RARE EARTH MATERIALS IN
THE DEFENSE SUPPLY CHAIN.

(a) Findings.--Regarding the availability of rare earth materials
and components containing rare earth materials in the defense supply
chain Congress finds--
(1) it is necessary, to the maximum extent practicable, to
ensure the uninterrupted supply of strategic materials critical
to national security, including rare earth materials and other
items covered under section 2533b of title 10, United States
Code, to support the defense supply-chain, particularly when
many of those materials are supplied by primary producers in
unreliable foreign nations;
(2) many less common metals, including rare earths and
thorium, are critical to modern technologies, including
numerous defense critical technologies and these technologies
cannot be built without the use of these metals and materials
produced from them and therefore could qualify as strategic
materials, critical to national security, in which case the
Strategic Materials Protection Board should recommend a
strategy to the President to ensure the domestic availability
of these materials; and
(3) there is a need to identify the strategic value placed
on rare earth materials by foreign nations (including China),
and the Department of Defense's supply-chain vulnerability
related to rare earths and end items containing rare earths.
(b) Report Required.--Not later than April 1, 2010, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the usage of rare earth
materials in the supply chain of the Department of Defense.
(c) Objectives of Report.--The objectives of the report required by
subsection (b) shall be to determine the availability of rare earth
materials, including ores, semi-finished rare earth products,
components containing rare-earth materials, and other uses of rare
earths by the Department of Defense in its weapon systems. The
following items shall be considered:
(1) An analysis of past procurements and attempted
procurements by foreign governments or government- controlled
entities, including mines and mineral rights, of rare-earth
resources outside such nation's territorial boundaries.
(2) An analysis of the worldwide availability of rare
earths, such as samarium, neodymium, thorium and lanthanum,
including current and potential domestic sources for use in
defense systems, including a projected analysis of projected
availability of these materials in the export market.
(3) A determination as to which defense systems are
currently dependent on rare earths supplied by nondomestic
sources, particularly neodymium iron boron magnets.
(d) Rare Earth Defined.--In this section, the term ``rare earth''
means the chemical elements, all metals, beginning with lanthanum,
atomic number 57, and including all of the natural chemical elements in
the periodic table following lanthanum up to and including lutetium,
element number 71. The term also includes the elements yttrium and
scandium.

SEC. 829. FURNITURE STANDARDS.

All Department of Defense purchases of furniture in the United
States and its territories made from Department of Defense funds,
including under design-build contracts, must meet the same quality
standards as specified by the General Services Administration schedule
program and the Department of Defense.

SEC. 830. FOLLOW-ON CONTRACTS FOR CERTAIN ITEMS ACQUIRED FOR SPECIAL
OPERATIONS FORCES.

(a) Authority for Award of Follow-on Contracts.--The commander of
the special operations command, acting under authority provided by
section 167(e)(4) of title 10, United States Code, may award a follow-
on contract for the acquisition of an item to a contractor who
previously provided such item if--
(1) the item is an item of special operations-peculiar
equipment and not anticipated to be made service common within
24 months of the initial contract;
(2) the item was previously acquired in the make, model,
and type--
(A) using competitive procedures;
(B) under the authority of other statutory
authority permitting noncompetitive or limited
competition procurement actions (such as section 8(a)
of the Small Business Act (15 U.S.C. 637(a)), section
31 of such Act (15 U.S.C. 657a, relating to the HUBZone
program), and section 36 of such Act (15 U.S.C. 657f,
relating to procurement program for small business
concerns owned and controlled by service-disabled
veterans)); or
(C) as a result of a competition among a limited
number of sources on the basis that the disclosure of
the need for the item would compromise national
security ; and
(3) the acquisition of the item by means other than a
follow-on contract with the contractor would unduly delay the
fielding of such item to forces preparing for or participating
in overseas contingency operations or for other deployments
undertaken in response to a request from a combatant commander.
(b) Limitations.--A contract awarded using the authority in
subsection (a)--
(1) may have a period of performance of not longer than 1
year;
(2) may be used only to acquire one or more items having an
individual unit price under $100,000; and
(3) may have a total value not exceeding $25,000,000.
(c) Notification.--Not later than 45 days after the use of the
authority in subsection (a), the commander of the special operations
command shall submit to the congressional defense committees a
notification of the use of such authority.
(d) Termination of Authority.--The commander of the special
operations command may not use the authority in subsection (a) on and
after October 1, 2013.

SEC. 831. DEFENSE SUBCONTRACTOR PROLIFERATION COST EFFECTIVENESS STUDY
AND REPORTS.

(a) Study.--The Secretary of Defense shall conduct a study on the
total number of subcontractors used on the last five major weapons
systems in which acquisition has been completed and determine if fewer
subcontractors could have been more cost effective.
(b) Management Burden.--In conducting the study, the Secretary of
Defense shall evaluate any potential cost savings derived from less
management burden from multiple subcontractors on the Federal
acquisition workforce.
(c) Report by Secretary of Defense.--Not later than March 1, 2010,
the Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on Armed
Services of the Senate a report on the results of the study.
(d) Report by Comptroller General.--Not later than May 1, 2010, the
Comptroller General shall submit to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services of the
Senate a review of the Department of Defense report submitted under
subsection (c).

SEC. 832. COMPTROLLER GENERAL REPORT ON DEFENSE CONTRACT COST OVERRUNS.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on cost overruns in the performance
of defense contracts.
(b) Matters Covered.--The report under subsection (a) shall
include, at a minimum, the following:
(1) A list of each contractor with a cost overrun during
any of fiscal years 2006, 2007, 2008, or 2009, including
identification of the contractor and the covered contract
involved, the cost estimate of the covered contract, and the
cost overrun for the covered contract.
(2) Findings and recommendations of the Comptroller
General.
(3) Such other matters as the Comptroller General considers
appropriate.
(c) Covered Contract.--In this section, the term ``covered
contract'' means a contract that is awarded by the Department of
Defense through the use of a solicitation for competitive proposals, in
an amount greater than the simplified acquisition threshold, and that
is a cost-reimbursement contract or a time-and-materials contract.

SEC. 833. PROCUREMENT PROFESSIONALISM ADVISORY PANEL.

(a) GAO-convened Panel.--The Comptroller General shall convene a
panel of experts, to be known as the Procurement Professionalism
Advisory Panel, to study the ethics, competence, and effectiveness of
acquisition personnel and the governmentwide procurement process,
including the following:
(1) The role played by the Federal acquisition workforce at
each stage of the procurement process, with a focus on the
following:
(A) Personnel shortages.
(B) Expertise shortages.
(C) The relationship between career acquisition
personnel and political appointees.
(D) The relationship between acquisition personnel
and contractors.
(2) The legislation, regulation, official policy, and
informal customs that govern procurement personnel.
(3) Training and retention tools used to hire, retain, and
professionally develop acquisition personnel, including the
following:
(A) The Defense Acquisition University.
(B) The Federal Acquisition Institute.
(C) Continuing education and professional
development opportunities available to acquisition
professionals.
(D) Opportunities to pursue higher education
available to acquisition personnel, including
scholarships and student loan forgiveness.
(b) Administration of Panel.--The Comptroller General shall be the
chairman of the panel.
(c) Composition of Panel.--
(1) Membership.--The Comptroller General shall appoint
highly qualified and knowledgeable persons to serve on the
panel and shall ensure that the following groups receive fair
representation on the panel:
(A) Officers and employees of the United States.
(B) Persons in private industry.
(C) Federal labor organizations.
(2) Fair representation.--For the purposes of the
requirement for fair representation under paragraph (1),
persons serving on the panel under subparagraph (C) of that
paragraph shall not be counted as persons serving on the panel
under subparagraph (A) or (B) of that paragraph.
(d) Participation by Other Interested Parties.--The Comptroller
General shall ensure that the opportunity to submit information and
views on the ethics, competence, and effectiveness of acquisition
personnel to the panel for the purposes of the study is accorded to all
interested parties, including officers and employees of the United
States not serving on the panel and entities in private industry and
representatives of Federal labor organizations not represented on the
panel.
(e) Information From Agencies.--The panel may secure directly from
any department or agency of the United States any information that the
panel considers necessary to carry out a meaningful study of
administration of the rules described in subsection (a). Upon the
request of the Chairman of the panel, the head of such department or
agency shall furnish the requested information to the panel.
(f) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General shall submit
a report on the results of the study to--
(A) the Committee on Oversight and Government
Reform of the House of Representatives;
(B) the Committee on Armed Services of the House of
Representatives;
(C) the Committee on Homeland Security and
Government Affairs of the Senate; and
(D) the Committee on Armed Services of the Senate.
(2) Availability.--The Comptroller General shall publish
the report in the Federal Register and on a publically
accessible website (acquisition.gov).
(g) Definition.--In this section, the term ``Federal labor
organization'' has the meaning given the term ``labor organization'' in
section 7103(a)(4) of title 5, United States Code.

SEC. 834. ACCESS BY CONGRESS TO DATABASE OF INFORMATION REGARDING THE
INTEGRITY AND PERFORMANCE OF CERTAIN PERSONS AWARDED
FEDERAL CONTRACTS AND GRANTS.

Section 872(e)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
455) is amended by striking ``the Chairman and Ranking Member of the
committees of Congress having jurisdiction'' and inserting ``any Member
of Congress''.

SEC. 835. ADDITIONAL REPORTING REQUIREMENTS FOR INVENTORY RELATING TO
CONTRACTS FOR SERVICES.

(a) Additional Reporting Requirements.--Section 2330a(c)(1) of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(H) With respect to such contracts for services--
``(i) the ratio between the number of individuals
responsible for awarding and overseeing such contracts
to the amount obligated or expended on such contracts;
and
``(ii) the number of individuals responsible for
awarding and overseeing such contracts who are
themselves contractors.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2011 and fiscal years thereafter.

SEC. 836. REQUIREMENT TO JUSTIFY THE USE OF FACTORS OTHER THAN COST OR
PRICE AS THE PREDOMINATE FACTORS IN EVALUATING
COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT CONTRACTS.

(a) Requirement.--Subparagraph (A) of section 2305(a)(2) of title
10, United States Code, is amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) in the case of a solicitation in which
factors other than cost or price when combined are more
important than cost or price, the reasons why assigning
at least equal importance to cost or price would not
better serve the Government's interest; and''.
(b) Report.--Section 2305(a)(3) of such title is amended by adding
at the end the following new subparagraph:
``(C) Not later than 180 days after the end of each fiscal year,
the Secretary of Defense shall submit to Congress, and post on a
publicly available website of the Department of Defense, a report
describing the solicitations for which a statement pursuant to
paragraph (2)(A)(iii) was included.''.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 921. Plan to address foreign ballistic missile intelligence
analysis.
Subtitle D--Other Matters

Subtitle A--Department of Defense Management

SEC. 901. ROLE OF COMMANDER OF SPECIAL OPERATIONS COMMAND REGARDING
PERSONNEL MANAGEMENT POLICY AND PLANS AFFECTING SPECIAL
OPERATIONS FORCES.

Section 167(e) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking subparagraph (J); and
(2) inserting at the end the following new paragraph:
``(5)(A) The Secretaries of the military departments shall
coordinate with the commander of the special operations command
regarding personnel management policy and plans as such policy and
plans relate to the following:
``(i) Accessions, assignments, and command selection for
special operations forces.
``(ii) Compensation, promotions, retention, professional
development, and training of members of special operations
forces.
``(iii) Readiness as it relates to manning guidance and
priority of fill for units of the special operations forces.
``(B) The coordination required by subparagraph (A) shall be
conducted in such a manner so as not to interfere with the authorities
of the Secretary concerned regarding personnel management policy and
plans.''.

SEC. 902. SPECIAL OPERATIONS ACTIVITIES.

Section 167(j) of title 10, United States Code, is amended by
striking paragraphs (1) through (10) and inserting the following new
paragraphs:
``(1) Special reconnaissance.
``(2) Unconventional warfare.
``(3) Foreign internal defense.
``(4) Civil affairs operations.
``(5) Counterterrorism.
``(6) Psychological operations.
``(7) Information operations.
``(8) Counter proliferation of weapons of mass destruction.
``(9) Security force assistance.
``(10) Counterinsurgency operations.
``(11) Such other activities as may be specified by the
President or the Secretary of Defense.''.

SEC. 903. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT
OF THE NAVY AND MARINE CORPS.

(a) Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.--
(1) Redesignation of military department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(2) Redesignation of secretary and other statutory
offices.--
(A) Secretary.--The position of the Secretary of
the Navy is redesignated as the Secretary of the Navy
and Marine Corps.
(B) Other statutory offices.--The positions of the
Under Secretary of the Navy, the four Assistant
Secretaries of the Navy, and the General Counsel of the
Department of the Navy are redesignated as the Under
Secretary of the Navy and Marine Corps, the Assistant
Secretaries of the Navy and Marine Corps, and the
General Counsel of the Department of the Navy and
Marine Corps, respectively.
(b) Conforming Amendments to Title 10, United States Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under the
Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is
amended to read as follows:

``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

(B) The heading of chapter 507 of such title is
amended to read as follows:

``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.

(5) Other amendments.--
(A) Title 10, United States Code, is amended by
striking ``Department of the Navy'' and ``Secretary of
the Navy'' each place they appear other than as
specified in paragraphs (1), (2), (3), and (4)
(including in section headings, subsection captions,
tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps''
and ``Secretary of the Navy and Marine Corps'',
respectively, in each case with the matter inserted to
be in the same typeface and typestyle as the matter
stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a),
5017(2), 5032(a), and 5042(a) of such title are amended
by striking ``Assistant Secretaries of the Navy'' and
inserting ``Assistant Secretaries of the Navy and
Marine Corps''.
(ii) The heading of section 5016 of such title, and
the item relating to such section in the table of
sections at the beginning of chapter 503 of such title,
are each amended by inserting ``and Marine Corps''
after ``of the Navy'', with the matter inserted in each
case to be in the same typeface and typestyle as the
matter amended.
(c) Other Provisions of Law and Other References.--
(1) Title 37, united states code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and inserting
``Department of the Navy and Marine Corps'' and ``Secretary of
the Navy and Marine Corps'', respectively.
(2) Other references.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to be
a reference to the Department of the Navy and Marine Corps. Any
such reference to an office specified in subsection (b)(2)
shall be considered to be a reference to that officer as
redesignated by that section.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month beginning
more than 60 days after the date of the enactment of this Act.

SEC. 904. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO RECEIVE
INSTRUCTION AT DEFENSE CYBER INVESTIGATIONS TRAINING
ACADEMY OF THE DEFENSE CYBER CRIME CENTER.

(a) Admission of Private Sector Civilians.--Chapter 108 of title
10, United States Code, is amended by inserting after section 2167 the
following new section:
``Sec. 2167a. Defense Cyber Investigations Training Academy: admission
of private sector civilians to receive instruction
``(a) Authority for Admission.--The Secretary of Defense may permit
eligible private sector employees to receive instruction at the Defense
Cyber Investigations Training Academy operating under the direction of
the Defense Cyber Crime Center. No more than the equivalent of 200
full-time student positions may be filled at any one time by private
sector employees enrolled under this section, on a yearly basis. Upon
successful completion of the course of instruction in which enrolled,
any such private sector employee may be awarded an appropriate
certification or diploma.
``(b) Eligible Private Sector Employees.--For purposes of this
section, an eligible private sector employee is an individual employed
by a private firm that is engaged in providing to the Department of
Defense or other Government departments or agencies significant and
substantial defense-related systems, products, or services, or whose
work product is relevant to national security policy or strategy. A
private sector employee remains eligible for such instruction only so
long as that person remains employed by an eligible private sector
firm.
``(c) Program Requirements.--The Secretary of Defense shall ensure
that--
``(1) the curriculum in which private sector employees may
be enrolled under this section is not readily available through
other schools; and
``(2) the course offerings at the Defense Cyber
Investigations Training Academy continue to be determined
solely by the needs of the Department of Defense.
``(d) Tuition.--The Secretary of Defense shall charge private
sector employees enrolled under this section tuition at a rate that is
at least equal to the rate charged for employees of the United States.
In determining tuition rates, the Secretary shall include overhead
costs of the Defense Cyber Investigations Training Academy.
``(e) Standards of Conduct.--While receiving instruction at the
Defense Cyber Investigations Training Academy, students enrolled under
this section, to the extent practicable, are subject to the same
regulations governing academic performance, attendance, norms of
behavior, and enrollment as apply to Government civilian employees
receiving instruction at the Academy.
``(f) Use of Funds.--Amounts received by the Defense Cyber
Investigations Training Academy for instruction of students enrolled
under this section shall be retained by the Academy to defray the costs
of such instruction. The source, and the disposition, of such funds
shall be specifically identified in records of the Academy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2167 the following new item:

``2167a. Defense Cyber Investigations Training Academy: admission of
private sector civilians to receive
instruction.''.

SEC. 905. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE ASSISTANT
SECRETARY OF DEFENSE FOR HEALTH AFFAIRS AND THE TRICARE
MANAGEMENT ACTIVITY.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the organizational
structure of the Office of the Assistant Secretary of Defense for
Health Affairs and the TRICARE Management Activity.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) Organizational charts.--Organizational charts for both
the Office of the Assistant Secretary of Defense for Health
Affairs and the TRICARE Management Activity showing, at a
minimum, the senior positions in such office and such activity.
(2) Senior position descriptions.--A description of the
policy-making functions and oversight responsibilities of each
senior position in the Office of the Assistant Secretary of
Defense for Health Affairs and the policy and program execution
responsibilities of each senior position of the TRICARE
Management Activity.
(3) Positions filled by same individual.--A description of
which positions in both organizations are filled by the same
individual.
(4) Assessment.--An assessment of whether the senior
personnel of the Office of the Assistant Secretary of Defense
for Health Affairs and the TRICARE Management Activity, as
currently organized, are able to appropriately perform the
discrete functions of policy formulation, policy and program
execution, and program oversight.
(c) Definitions.--In this section:
(1) Senior position.--The term ``senior position'' means a
position fill by a member of the senior executive service or a
position on the Executive Schedule established pursuant to
title 5, United States Code.
(2) Senior personnel.--The term ``senior personnel'' means
personnel who are members of the senior executive service or
who fill a position listed on the Executive Schedule
established pursuant to title 5, United States Code.

SEC. 906. REQUIREMENT FOR DIRECTOR OF OPERATIONAL ENERGY PLANS AND
PROGRAMS TO REPORT DIRECTLY TO SECRETARY OF DEFENSE.

Paragraph (2) of section 139b(c) of title 10, United States Code,
is amended to read as follows:
``(2) The Director shall report directly to the Secretary
of Defense.''.

SEC. 907. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE
FUND.

(a) Increase in Funding Limitations.--Subparagraph (A) of section
166a(e)(1) of title 10, United States Code, is amended--
(1) by striking ``$10,000,000'' and inserting
``$20,000,000''; and
(2) by striking ``$15,000'' and inserting ``the investment
unit cost threshold in effect under section 2245a of this
title''.
(b) Coordination With Secretary of State.--Paragraph (6) of section
166a(b) of such title is amended by inserting after ``assistance,'' the
following: ``in coordination with the Secretary of State,''.

SEC. 908. 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.

(a) Repeal of Requirement for Position.--
(1) Repeal.--Section 134b of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking the
item relating to section 134b.
(b) Prior Notification of Change in Reporting Relationship for the
Defense Technology Security Administration.--The Secretary of Defense
shall ensure that no covered action is taken until the expiration of 30
legislative days after providing notification of such action to the
Committees on Armed Services of the Senate and the House of
Representatives.
(c) Covered Action Defined.--In this section, the term ``covered
action'' means--
(1) the transfer of the Defense Technology Security
Administration to an Under Secretary or other office of the
Department of Defense other than the Under Secretary of Defense
for Policy;
(2) the consolidation of the Defense Technology Security
Administration with another office, agency, or field activity
of the Department of Defense; or
(3) the addition of management layers between the Director
of the Defense Technology Security Administration and the Under
Secretary of Defense for Policy.

SEC. 909. RECOMMENDATIONS TO CONGRESS BY MEMBERS OF JOINT CHIEFS OF
STAFF.

Section 151(f) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``After first''; and
(2) by adding at the end the following new paragraph:
``(2) The members of the Joint Chiefs of Staff, individually or
collectively, in their capacity as military advisers, shall provide
advice to Congress on a particular matter when Congress requests such
advice.''.

Subtitle B--Space Activities

SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND TECHNOLOGY
STRATEGY.

(a) Strategy.--
(1) Requirements.--Paragraph (2) of section 2272(a) of
title 10, United States Code, is amended by adding at the end
the following new subparagraph:
``(D) The process for transitioning space science and
technology programs to new or existing space acquisition
programs.''.
(2) Submission to congress.--Paragraph (5) of such section
is amended to read as follows:
``(5) The Secretary of Defense shall annually submit the strategy
developed under paragraph (1) to the congressional defense committees
on the date on which the President submits to Congress the budget for
the next fiscal year under section 1105 of title 31, United States
Code.''.
(b) Government Accountability Office Review of Strategy.--
(1) Review.--The Comptroller General shall review and
assess the first space science and technology strategy
submitted under paragraph (5) of section 2272(a) of title 10,
United States Code, as amended by subsection (a)(2) of this
section, and the effectiveness of the coordination process
required under section 2272(b) of such title.
(2) Report.--Not later than 90 days after the date on which
the Secretary of Defense submits the first space science and
technology strategy required to be submitted under paragraph
(5) of section 2272(a) of title 10, United States Code, as
amended by subsection (a)(2) of this section, the Comptroller
General shall submit to the congressional defense committees a
report containing the findings and assessment under paragraph
(1).

SEC. 912. CONVERTING THE SPACE SURVEILLANCE NETWORK PILOT PROGRAM TO A
PERMANENT PROGRAM.

Section 2274 of title 10, United States Code, is amended--
(1) in the heading, by striking ``pilot'';
(2) in subsection (a)--
(A) in the heading, by striking ``Pilot''; and
(B) by striking ``a pilot program to determine the
feasibility and desirability of providing'' and
inserting ``a program to provide'';
(3) in subsection (b) in the matter preceding paragraph
(1), by striking ``such a pilot program'' and inserting ``the
program'';
(4) in subsection (c) in the matter preceding paragraph
(1), by striking ``pilot'';
(5) in subsection (d) in the matter preceding paragraph
(1), by striking ``pilot'';
(6) in subsection (h), by striking ``pilot''; and
(7) by striking subsection (i).

Subtitle C--Intelligence-Related Matters

SEC. 921. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTELLIGENCE
ANALYSIS.

(a) Assessment and Plan.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall--
(1) conduct an assessment of foreign ballistic missile
intelligence gaps and shortfalls; and
(2) develop a plan to ensure that the appropriate
intelligence centers have sufficient analytical capabilities to
address such gaps and shortfalls.
(b) Report.--Not later than February 28, 2010, the Secretary of
Defense shall submit to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of the Senate
a report containing--
(1) the results of the assessment conducted under
subsection (a)(1);
(2) the plan developed under subsection (a)(2); and
(3) a description of the resources required to implement
such plan.
(c) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may contain a classified annex.

Subtitle D--Other Matters

SEC. 931. JOINT PROGRAM OFFICE FOR CYBER OPERATIONS CAPABILITIES.

(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a Joint
Program Office for Cyber Operations Capabilities to assist the Under
Secretary of Defense for Acquisition, Technology, and Logistics in
improving the development of specific leap-ahead capabilities,
including manpower development, tactics, and technologies, for the
military departments, the Defense Agencies, and the combatant commands.
(b) Director.--The Joint Program Office for Cyber Operations
Capabilities (in this section referred to as the ``JPO-COC'') shall be
headed by a Director, who shall be appointed by the Secretary of
Defense, in consultation with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, the Assistant Secretary of
Defense for Networks and Information Integration, the Under Secretary
of Defense for Intelligence, and the commander of United States
Strategic Command. The Director shall be selected from among
individuals with significant technical and management expertise in
information technology system development, and shall serve for 3 years.
(c) Supervision.--The Director shall report directly to the Under
Secretary of Defense for Acquisition, Technology, and Logistics. The
Assistant Secretary of Defense for Networks and Information Integration
may provide policy guidance to the Director on issues within the
Director's areas of responsibilities.
(d) Responsibilities.--The JPO-COC shall be responsible for the
following:
(1) Coordinating cyber operations capabilities, both
offensive and defensive, between the military departments,
Defense Agencies, and combatant commands in order to identify
and prioritize joint capability gaps.
(2) Developing advanced, leap-ahead capabilities to address
joint capability gaps.
(3) Establishing a nation level, joint, interagency cyber
exercise, similar to the exercise known as Eligible Receiver,
that would occur at least biennially, and, to the extent
possible, that would include participants from industry,
critical infrastructure sector providers, international
militaries, and non-governmental organizations.
(4) Such other responsibilities as the Under Secretary
determines are appropriate.
(e) Annual Report.--By March 1 of each year, beginning March 1,
2010, the Secretary of Defense shall submit to the congressional
defense committees a report on all of the activities of the JPO-COC
during the preceding year.

SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM TRANSITION
COUNCIL.

(a) In General.--The Secretary of Defense shall establish a Defense
Integrated Military Human Resources System Transition Council (in this
section referred to as the ``Council'') to provide advice to the
Secretary of Defense and the Secretaries of the military departments on
implementing the defense integrated military human resources system (in
this section referred to as the ``DIMHRS'') throughout the Department
of Defense, including within each military department.
(b) Composition.--The Council shall include the following members:
(1) The Chief Management Officer of the Department of
Defense.
(2) The Director of the Business Transformation Agency.
(3) One representative from each of the Army, Navy, Air
Force, and Marine Corps who is a lieutenant general or vice
admiral.
(4) One civilian employee of the National Guard Bureau who
occupies a position of responsibility and receives compensation
comparable to a lieutenant general or vice admiral.
(5) Such other individuals as may be designated by the
Secretary of Defense.
(c) Meetings.--The Council shall meet not less than once a quarter,
or more often as specified by the Secretary of Defense.
(d) Duties.--The Council shall have the following responsibilities:
(1) Resolution of significant policy, programmatic, or
budgetary issues impeding transition of DIMHRS to the military
departments.
(2) Coordination of implementation of DIMHRS within each
military department to ensure interoperability between and
among the Department of Defense as a whole and each military
department.
(3) Such other responsibilities as the Secretary of Defense
determines are appropriate.
(e) Annual Report.--
(1) In general.--By March 1 of each year, beginning March
1, 2010, and ending March 1, 2014, the Council shall submit to
the congressional defense committees an annual report on the
progress of DIMHRS transition.
(2) The report shall include descriptions of the following:
(A) The status of implementation of DIMHRS among
the military departments.
(B) A description of the testing and evaluation
activities of DIMHRS as implemented throughout the
Department of Defense, as well as any such activities
developed by the military departments to extend DIMHRS
to the departments.
(C) Plans for the decommissioning of human
resources systems within the Department of Defense and
military department that are being replaced by DIMHRS,
including--
(i) systems to be phased out; and
(ii) plans for the remaining legacy systems
to be phased out.
(D) Funding and resources from the military
departments devoted to the development of department-
specific plans to augment and extend the DIMHRS within
each department.

SEC. 933. DEPARTMENT OF DEFENSE SCHOOL OF NURSING REVISIONS.

(a) School of Nursing.--
(1) In general.--Chapter 108 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2169. School of Nursing
``(a) Establishment.--The Secretary of Defense shall establish
within the Department of Defense a School of Nursing, not later than
July 1, 2011. It shall be so organized as to graduate not less than 25
students with a bachelor of science in nursing in the first class not
later than June 30, 2013, not less than 50 in the second class, and not
less than 100 annually thereafter.
``(b) Minimum Requirement.--The School of Nursing shall include, at
a minimum, a program that awards a bachelor of science in nursing.
``(c) Phased Development.--The development of the School of Nursing
may be by such phases as the Secretary may prescribe, subject to the
requirements of subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2169. School of Nursing.''.
(b) Conforming Amendments.--Section 2117 of title 10, United States
Code, and the item relating to such section in the table of chapters at
the beginning of chapter 104 of such title, are repealed.

SEC. 934. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZATION, MANNING,
AND MANAGEMENT.

(a) Report Required.--The commander of the special operations
command shall prepare a report, in accordance with this section, on the
organization, manning, and management of the command.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comparison of current and projected fiscal year 2010
military and civilian end strength levels at special operations
command headquarters with fiscal year 2000 levels, both actual
and authorized.
(2) A comparison of fiscal year 2000 through 2010 special
operations command headquarters end strength growth with the
growth of each special operations forces component command
headquarters over the same time period, both actual and
authorized.
(3) A summary and assessment that identifies the
resourcing, in terms of manning, training, equipping, and
funding, that special operations command provides to each of
the theater special operations commands under the geographical
combatant commands and a summary of personnel specialties
assigned to each such command.
(4) Options and recommendations for reducing staffing
levels at special operations command headquarters by 5 and 10
percent, respectively, and an assessment of the opportunity
costs and management risks associated with each option.
(5) Recommendations for increasing manning levels, if
appropriate, at each component command, and especially at Army
special operations command.
(6) A plan to sustain the cultural engagement group of
special operations command central.
(7) An assessment of the resourcing requirements to
establish capability similar to the cultural engagement group
capability at the other theater special operations command
locations.
(8) A review and assessment for improving the relationship
between special operations command and each of the theater
special operations commands under the geographical combatant
commands and the establishment of a more direct administrative
and collaborative link between them.
(9) A review and assessment of existing Department of
Defense executive agent support to special operations command
and its subordinate components, as well as commentary about
proposals to use the same executive agent throughout the
special operations community.
(10) An updated assessment on the specific proposal to
provide executive agent support from the Defense Logistics
Agency for special operations command.
(11) A recommendation and plan for including international
development and conflict prevention representatives as
participants in the Center for Special Operations Interagency
Task Force process.
(c) Report.--The report required by subsection (a) shall be
submitted not later than March 15, 2010, to the congressional defense
committees.

SEC. 935. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER PROGRESSION
OF UNIFORMED AND CIVILIAN MILITARY CYBER OPERATIONS
PERSONNEL.

(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report assessing the challenges to retention and
professional development of cyber operations personnel within the
Department of Defense.
(b) Matters to Be Addressed.--The assessment by the Secretary of
Defense shall address the following matters:
(1) The sufficiency of the numbers and types of personnel
available for cyber operations, including an assessment of the
balance between military and civilian positions.
(2) The definition and coherence of career fields for both
members of the Armed Forces and civilian employees of the
Department of Defense.
(3) The types of recruitment and retention incentives
available to members of the Armed Forces and civilian employees
of the Department of Defense.
(4) Identification of legal, policy, or administrative
impediments to attracting and retaining cyber operations
personnel.
(5) The standards used by the Department of Defense to
measure effectiveness at recruiting, retaining, and ensuring an
adequate career progression for cyber operations personnel.
(6) The effectiveness of educational and outreach
activities used to attract, retain, and reward cyber operations
personnel, including how to expand outreach to academic
institutions and improve coordination with other civilian
agencies and industrial partners.
(7) The management of educational and outreach activities
used to attract, retain, and reward cyber operations personnel,
such as the National Centers of Academic Excellence in
Information Assurance Education.
(c) Cyber Operations Personnel Defined.--In this section, the term
``cyber operations personnel'' refers to members of the Armed Forces
and civilian employees of the Department of Defense involved with the
operations and maintenance of a computer network connected to the
global information grid, as well as offensive, defensive, and
exploitation functions of such a network.

SEC. 936. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES.

(a) Recognition and Support.--Section 109 of title 32, United
States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Recognition.--Congress hereby recognizes forces established
under subsection (c) as an integral military component of the homeland
security effort of the United States, while reaffirming that those
forces remain entirely State regulated, organized, and equipped and
recognizing that those forces will be used for homeland security
purposes exclusively at the local level and in accordance with State
law.
``(e) Assistance by Department of Defense.--(1) The Secretary of
Defense may coordinate homeland security efforts with, and provide
assistance to, a defense force established under subsection (c) to the
extent such assistance is requested by a State or by a force
established under subsection (c) and subject to the provisions of this
section.
``(2) The Secretary may not provide assistance under paragraph (1)
if, in the judgment of the Secretary, such assistance would--
``(A) impede the ability of the Department of Defense to
execute missions of the Department;
``(B) take resources away from warfighting units;
``(C) incur nonreimbursed identifiable costs; or
``(D) consume resources in a manner inconsistent with the
mission of the Department of Defense.
``(f) Use of Department of Defense Property and Equipment.--The
Secretary of Defense may authorize qualified personnel of a force
established under subsection (c) to use and operate property, arms,
equipment, and facilities of the Department of Defense as needed in the
course of training activities and State active duty.
``(g) Transfer of Excess Equipment.--(1) The Secretary of Defense
may transfer to a State or a force established under subsection (c) any
personal property of the Department of Defense that the Secretary
determines is--
``(A) excess to the needs of the Department of Defense; and
``(B) suitable for use by a force established under
subsection (c).
``(2) The Secretary of Defense may transfer personal property under
this section only if--
``(A) the property is drawn from existing stocks of the
Department of Defense;
``(B) the recipient force established under subsection (c)
accepts the property on an as-is, where-is basis;
``(C) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment; and
``(D) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(3) Subject to paragraph (2)(D), the Secretary may transfer
personal property under this section without charge to the recipient
force established under subsection (c).
``(h) Federal/State Training Coordination.--(1) Participation by a
force established under subsection (c) in a training program of the
Department of Defense is at the discretion of the State.
``(2) Nothing in this section may be construed as requiring the
Department of Defense to provide any training program to any such
force.
``(3) Any such training program shall be conducted in accordance
with an agreement between the Secretary of Defense and the State or the
force established under subsection (c) if so authorized by State law.
``(4) Any direct costs to the Department of Defense of providing
training assistance to a force established under subsection (c) shall
be reimbursed by the State. Any agreement under paragraph (3) between
the Department of Defense and a State or a force established under
subsection (c) for such training assistance shall provide for payment
of such costs.
``(i) Federal Funding of State Defense Forces.--Funds available to
the Department of Defense may not be made available to a State defense
force.
``(j) Liability.--Any liability for injuries or damages incurred by
a member of a force established under subsection (c) while engaged in
training activities or State active duty shall be the sole
responsibility of the State, regardless of whether the injury or damage
was incurred on United States property or involved United States
equipment or whether the member was under direct supervision of United
States personnel at the time of the incident.''.
(b) Definition of State.--
(1) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(n) State Defined.--In this section, the term `State' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands.''.
(2) Conforming amendments.--Such section is further amended
in subsections (a), (b), and (c) by striking ``a State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, or
the Virgin Islands'' each place it appears and inserting ``a
State''.
(c) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Prohibition on
Maintenance of Other Troops.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Use Within State
Borders.--'' after ``(b)'';
(3) in subsection (c), by inserting ``State Defense Forces
Authorized.--'' after ``(c)'';
(4) in subsection (k), as redesignated by subsection
(a)(1), by inserting ``Effect of Membership in Defense
Forces.--'' after ``(k)''; and
(5) in subsection (l), as redesignated by subsection
(a)(1), by inserting ``Prohibition on Reserve Component Members
Joining Defense Forces.--'' after ``(l)''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 109. Maintenance of other troops: State defense forces''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 1 of such
title is amended to read as follows:

``109. Maintenance of other troops: State defense forces.''.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Incorporation of funding decisions into law.
Subtitle B--Counter-Drug and Counter-Terrorism Activities

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2010 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitations.--Except as provided in paragraphs (3) and
(4), the total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$5,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(4) Exception for transfers for health information
management and information technology systems.--A transfer of
funds from the Office of the Secretary of Defense for the
support of the Department of Defense Health Information
Management and Information Technology systems shall not be
counted toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).

SEC. 1002. INCORPORATION OF FUNDING DECISIONS INTO LAW.

(a) Amounts Specified in Committee Report Are Authorized by Law.--
Wherever a funding table in the report of the Committee on Armed
Services of the House of Representatives to accompany the bill H.R.
2647 of the 111th Congress 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 to be carried out to the same extent as if included
in the text of this Act, 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 incorporated into the Act by this section
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 to the report referred to in subsection (a).
(e) Oral and Written Communication.--No oral or written
communication concerning any amount specified in the report referred to
in subsection (a) shall supersede the requirements of this section.

SEC. 1003. ADJUSTMENT OF CERTAIN AUTHORIZATIONS OF APPROPRIATIONS.

(a) Air Force Research, Development, Test, and Evaluation.--Funds
authorized to be appropriated in section 201(3) for research,
development, test, and evaluation for the Air Force are reduced by
$2,900,000, to be derived from sensors and near field communication
technologies.
(b) Army Operation and Maintenance.--Funds authorized to be
appropriated in section 301(1) for operation and maintenance for the
Army are reduced by $18,000,000, to be derived from unobligated
balances for the Army in the amount of $11,700,000 and fuel purchases
for the Army in the amount of $6,300,000.
(c) Navy Operation and Maintenance.--
(1) Reduction.--Funds authorized to be appropriated in
section 301(2) for operation and maintenance for the Navy are
reduced by $22,900,000 to be derived from unobligated balances
for the Navy in the amount of $11,700,000 and fuel purchases
for the Navy in the amount of $11,200,000.
(2) Availability.--Of the funds authorized to be
appropriated in section 301(2) for operation and maintenance
for the Navy for the purpose of Ship Activations/Inactivations,
$6,000,000 shall be available for the Navy Ship Disposal-
Carrier Demonstration Project.
(d) Marine Corps Operation and Maintenance.--Funds authorized to be
appropriated in section 301(3) for operation and maintenance for the
Marine Corps are reduced by $2,000,000, to be derived from unobligated
balances for the Marine Corps in the amount of $1,100,000 and fuel
purchases for the Marine Corps in the amount of $900,000.
(e) Air Force Operation and Maintenance.--Funds authorized to be
appropriated in section 301(4) for operation and maintenance for the
Air Force are reduced by $25,000,000, to be derived from unobligated
balances for the Air Force in the amount of $4,300,000 and fuel
purchases for the Air Force in the amount of $20,700,000.
(f) Defense-wide Operation and Maintenance.--Funds authorized to be
appropriated in section 301(5) for operation and maintenance for
Defense-wide activities are reduced by $5,200,000, to be derived from
unobligated balances for Defense-wide activities in the amount of
$4,300,000 and fuel purchases for Defense-wide activities in the amount
of $900,000.
(g) Military Personnel.--Funds authorized to be appropriated in
section 421 for military personnel accounts are reduced by $50,000,000,
to be derived from unobligated balances for military personnel
accounts.

Subtitle B--Counter-Drug and Counter-Terrorism Activities

SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE COUNTER-DRUG
AUTHORITIES AND REQUIREMENTS.

(a) Reporting Requirement on Expenditures to Support Foreign
Counter-drug Activities.--Section 1022(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-255), as most recently
amended by section 1021 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4586), is further amended by striking ``April 15, 2006'' and all that
follows through ``February 15, 2009'' and inserting ``February 15,
2010''.
(b) Unified Counter-drug and Counterterrorism Campaign in
Colombia.--Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2042), as most recently amended by section 1023 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4586), is further amended--
(1) in subsection (a), by striking ``2009'' and inserting
``2010''; and
(2) in subsection (c), by striking ``2009'' and inserting
``2010''.
(c) Support for Counter-drug Activities of Certain Foreign
Governments.--Section 1033(a)(2) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most
recently amended by section 1024(a) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4587), is further amended by striking ``2009'' and inserting
``2010''.

SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.

Section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as most
recently amended by section 1022 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4586), is further amended by striking ``2009'' and inserting ``2010''.

SEC. 1013. BORDER COORDINATION CENTERS IN AFGHANISTAN AND PAKISTAN.

(a) Prohibition on Use of Counter-narcotic Assistance for Border
Coordination Centers.--
(1) Prohibition.--Amounts available for drug interdiction
and counter-drug activities of the Department of Defense may
not be expended for the construction, expansion, repair, or
operation and maintenance of any existing or proposed border
coordination center.
(2) Rule of construction.--Paragraph (1) does not prohibit
or limit the use of other funds available to the Department of
Defense to construct, expand, repair, or operate and maintain
border coordination centers.
(b) Limitation on Establishment of Additional Centers.--The
Secretary of Defense may not authorize the establishment, or any
construction in connection with the establishment, of a third border
coordination center in the area of operations of Regional Command-East
in the Islamic Republic of Afghanistan until a border coordination
center has been constructed, or is under construction, in either--
(1) the area of operations of Regional Command-South in the
Islamic Republic of Afghanistan; or
(2) Baluchistan in the Islamic Republic of Pakistan.
(c) Border Coordination Center Defined.--In this section, the term
``border coordination center'' means multilateral military coordination
and intelligence center that is located, or intended to be located,
near the border between the Islamic Republic of Afghanistan and the
Islamic Republic of Pakistan.

SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF
ACCOUNTABILITY MEASURES FOR ASSISTANCE FROM COUNTER-
NARCOTICS CENTRAL TRANSFER ACCOUNT.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the performance evaluation
system used by the Secretary of Defense to assess the effectiveness of
assistance provided for foreign nations to achieve the counter-
narcotics objectives of the Department of Defense. The report shall be
unclassified, but may contain a classified annex.
(b) Elements.--The report required by subsection (a) shall contain
the following:
(1) A description of the performance evaluation system of
the Department of Defense used to determine the efficiency and
effectiveness of counter-narcotics assistance provided by the
Department of Defense to foreign nations.
(2) An assessment of the ability of the performance
evaluation system to accurately measure the efficiency and
effectiveness of such counter-narcotics assistance.
(3) Detailed recommendations on how to improve the capacity
of the performance evaluation system for the counter-narcotics
central transfer account.

Subtitle C--Miscellaneous Authorities and Limitations

SEC. 1021. OPERATIONAL PROCEDURES FOR EXPERIMENTAL MILITARY PROTOTYPES.

(a) In General.--For the purposes of conducting test and evaluation
of experimental military prototypes, including major systems, as
defined in section 2302 of title 10, United States Code, that have been
substantially modified for testing with the goal of developing new
technology for increasing the capability, capacity, efficiency, or
reliability of such systems, and for stimulating innovation in research
and development to improve equipment or system capability, the senior
military officer of each military service, in consultation with the
senior acquisition executive of each military department, shall develop
and prescribe guidance to enable an expedited process for the
documentation and approval of deviations from standardized operating
instructions and procedures for systems and equipment that have been
substantially modified for the purpose of research, development, or
testing. The guidance shall--
(1) provide for appropriate consideration of the safety of
personnel conducting such tests and evaluations;
(2) ensure that, prior to the approval of any such
deviation, sufficient engineering and risk management analysis
has been completed by a competent technical authority to
provide a reasonable basis for determining that the proposed
deviation will not result in an unreasonable risk of liability
to the United States;
(3) provide full and fair opportunity for all contractors,
including non-traditional defense contractors, who have
developed or proposed promising technologies, to test and
evaluate experimental military prototypes in a manner that--
(A) allows both the contractor and the military
service to assess the full potential of the technology
prior to the establishment of a formal acquisition
program; and
(B) does not unduly restrict the operating
envelope, environment, or conditions approved for use
during test and evaluation on the basis of existing
operating instructions and procedures developed for
sustained operations of proven military hardware, but
does ensure that deviations from existing operating
instructions and procedures have been subjected to
appropriate technical review consistent with any
modifications made to the system or equipment; and
(4) ensure that documentation and approval of such
deviations--
(A) can be accomplished in a transparent, cost-
effective, and expeditious manner, generally within the
period of performance of the contract for the
development of the experimental military prototype;
(B) address the use of a major system as an
experimental military prototype by a contractor, and
the conduct of test and evaluation of such system by
the contractor; and
(C) identify the scope of test and evaluation to be
conducted under such deviation, the responsibilities of
the parties conducting the test and evaluation,
including the assumption of liability, and the
responsibility for disposal of the experimental
military prototype or, as appropriate, the return of a
major system to its original condition.
(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of each military department shall
submit to the congressional defense committees a report documenting the
guidance developed in accordance with subsection (a) and describing how
such guidance fulfills the objectives under paragraphs (1) through (4)
of such subsection.
(c) One Time Authority to Convey.--
(1) In general.--In advance of the development of a process
required by subsection (a), the Secretary of the Navy is
authorized to convey, without consideration, to Piasecki
Aircraft Corporation of Essington, Pennsylvania (in this
section referred to as ``transferee''), all right, title, and
interest of the United States, except as otherwise provided in
this subsection, in and to Navy aircraft N40VT (Bureau Number
163283), also known as the X-49A aircraft, and associated
components and test equipment, previously specified as
Government furnished equipment in contract N00019-00-C-0284.
The conveyance shall be made by means of a deed of gift.
(2) Conditions.--The conveyance under paragraph (1) may
only be made under the following conditions:
(A) The aircraft shall be conveyed in its current,
``as is'' condition.
(B) The Secretary is not required to repair or
alter the condition of the aircraft before conveying
ownership of the aircraft.
(C) The conveyance shall be made at no cost to the
United States. Any costs associated with the conveyance
shall be borne by the transferee.
(D) The Secretary may require such additional terms
and conditions in connection with a conveyance under
this section as the Secretary considers appropriate to
protect the interests of the United States, except that
such terms and conditions shall include, at a minimum--
(i) a provision stipulating that the
conveyance of the X-49A aircraft is for the
sole purpose of further development, test, and
evaluation of vectored thrust ducted propeller
(VTDP) technology and that all items referenced
in paragraph (1) will transfer back to the
United States Navy, at no cost to the United
States, in the event that the X-49A aircraft is
utilized for any other purpose; and
(ii) a provision providing the Government
the right to procure the vectored thrust ducted
propeller (VTDP) technology demonstrated under
this program at a discounted cost based on the
value of the X-49A aircraft and associated
equipment at the time of transfer, with such
valuation and terms determined by the
Secretary.
(E) Upon such conveyance, the United States shall
not be liable for any death, injury, loss, or damage
that results from the use of that aircraft by any
person other than the United States.

SEC. 1022. TEMPORARY REDUCTION IN MINIMUM NUMBER OF OPERATIONAL
AIRCRAFT CARRIERS.

(a) Temporary Waiver.--Notwithstanding section 5062(b) of title 10,
United States Code, during the period beginning on the date of the
inactivation of the U.S.S. Enterprise (CVN-65) scheduled, as of the
date of the enactment of this Act, for fiscal year 2013 and ending on
the date of the commissioning into active service of the U.S.S. Gerald
R. Ford (CVN-78), the number of operational aircraft carriers in the
naval combat forces of the Navy may be 10.
(b) Evaluation and Report.--
(1) Evaluation.--During the fiscal year 2012, the Chairman
of the Joint Chiefs of Staff, in coordination with the
commanders of the combatant commands, shall evaluate the
required postures and capabilities of each of the combatant
commands to assess the level of increased risk that could
result due to a temporary reduction in the total number of
operational aircraft carriers following the inactivation of the
U.S.S. Enterprise (CVN-65).
(2) Report to congress.--Together with the budget materials
submitted to Congress by the Secretary of Defense in support of
the President's budget for fiscal year 2013, the Secretary of
Defense shall submit to the congressional defense committees a
report containing the findings of the evaluation conducted
pursuant to paragraph (1), and the basis for each such finding.

SEC. 1023. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.

(a) In General.--The Secretary of Defense may not use any of the
amounts authorized to be appropriated in this Act or otherwise
available to the Department of Defense for fiscal year 2010 or any
subsequent fiscal year to release or transfer any individual described
in subsection (d) to the United States, its territories, or
possessions, until 120 days after the President has submitted to the
congressional defense committees the plan described in subsection (b).
(b) Plan Required.--The President shall submit to the congressional
defense committees a plan on the disposition of each individual
described in subsection (d). Such plan shall include--
(1) an assessment of the risk that the individual described
in subsection (d) poses to the national security of the United
States, its territories, or possessions;
(2) a proposal for the disposition of each such individual;
(3) a plan to mitigate any risks described in paragraph (1)
should the proposed disposition required by paragraph (2)
include the release or transfer to the United States, its
territories, or possessions of any such individual; and
(4) a summary of the consultation required in subsection
(c).
(c) Consultation Required.--The President shall consult with the
chief executive of the State, the District of Columbia, or the
territory or possession of the United States to which the disposition
in subsection (b) includes a release or transfer to that State,
District of Columbia, or territory or possession.
(d) Detainees Described.--An individual described in this
subsection is any individual who is located at United States Naval
Station, Guantanamo Bay, Cuba, as of the date of the enactment of this
Act, who--
(1) is not a citizen of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at the United States
Naval Station, Guantanamo Bay, Cuba.

SEC. 1024. CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE.

Not later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence and the Secretary of Defense
shall jointly submit to the congressional intelligence and defense
committees a revised charter for the National Reconnaissance Office
(hereinafter in this section referred to as the ``NRO''). The charter
shall include the following:
(1) The organizational and governance structure of the NRO.
(2) The provision of NRO participation in the development
and generation of requirements and acquisition.
(3) The scope of the capabilities of the NRO.
(4) The roles and responsibilities of the NRO and the
relationship of the NRO to other organizations and agencies in
the intelligence and defense communities.

Subtitle D--Studies and Reports

SEC. 1031. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON THE 2009
QUADRENNIAL DEFENSE REVIEW.

(a) Comptroller General Report.--Not later than 90 days after the
Secretary of Defense releases the report on the 2009 quadrennial
defense review, the Comptroller General shall submit to the
congressional defense committees and to the Secretary of Defense a
report on the degree to which the report on the 2009 quadrennial
defense review complies with the requirements of subsection (d) of
section 118 of title 10, United States Code.
(b) Secretary of Defense Report.--If the Comptroller General
determines that the report on the 2009 quadrennial defense review
deviates significantly from the requirements of subsection (d) of
section 118 of such title, the Secretary of Defense shall submit to the
congressional defense committees a report addressing the areas of
deviation not later than 30 days after the submission of the report by
the Comptroller General required by paragraph (1).

SEC. 1032. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 2009
QUADRENNIAL DEFENSE REVIEW.

(a) Report Requirement.--Concurrent with the delivery of the report
on the 2009 quadrennial defense review required by section 118 of title
10, United States Code, the Secretary of Defense shall submit to the
congressional defense committees a report with a classified annex
containing--
(1) the analyses used to determine and support the findings
on force structure required by such section; and
(2) a description of any changes from the previous
quadrennial defense review to the minimum military requirements
for major military capabilities.
(b) Major Military Capabilities Defined.--In this section, the term
``major military capabilities'' includes any capability the Secretary
determines to be a major military capability, any capability discussed
in the report of the 2006 quadrennial defense review, and any
capability described in paragraph (9) or (10) of section 118(d) of
title 10, United States Code.

SEC. 1033. SENSE OF CONGRESS AND AMENDMENT RELATING TO QUADRENNIAL
DEFENSE REVIEW.

(a) Sense of Congress.--It is the sense of Congress that the
quadrennial defense review is a strategy process that necessarily
produces budget plans; however, budget pressures should not determine
or limit its outcomes.
(b) Relationship of QDR to Budget.--Section 118(a) of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) The existence of the quadrennial defense review does not
exempt the President or the Department of Defense from fulfilling its
annual legal obligations to submit to Congress a budget and all legally
required supporting documentation.''.

SEC. 1034. STRATEGIC REVIEW OF BASING PLANS FOR UNITED STATES EUROPEAN
COMMAND.

(a) Report Requirement.--Concurrent with the delivery of the report
on the 2009 quadrennial defense review required by section 118 of title
10, United States Code, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the plan for basing of
forces in the European theater, containing a description of--
(1) how the plan supports the United States national
security strategy;
(2) how the plan satisfies the commitments undertaken by
the United States pursuant to Article 5 of the North Atlantic
Treaty, signed at Washington, District of Columbia, on April 4,
1949, and entered into force on August 24, 1949 (63 Stat. 2241;
TIAS 1964);
(3) how the plan addresses the current security environment
in Europe, including United States participation in theater
cooperation activities;
(4) how the plan contributes to peace and stability in
Europe; and
(5) the impact that a permanent change in the basing of a
unit currently assigned to United States European Command would
have on the matters described in paragraphs (1) through (4).
(b) Notification Requirement.--The Secretary of Defense shall
notify Congress at least 30 days before the permanent relocation of a
unit stationed outside the continental United States as of the date of
the enactment of this Act.
(c) Definitions.--In this section:
(1) Unit.--The term ``unit'' has the meaning determined by
the Secretary of Defense for purposes of this section.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives; and
(C) the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.

SEC. 1035. NATIONAL DEFENSE PANEL.

(a) Establishment.--There is established a bipartisan, independent
panel to be known as the National Defense Panel (in this section
referred to as the ``Panel''). The Panel shall have the duties set
forth in this section.
(b) Membership.--The Panel shall be composed of twelve members who
are recognized experts in matters relating to the national security of
the United States. The members shall be appointed as follows:
(1) Three by the chairman of the Committee on Armed
Services of the House of Representatives.
(2) Three by the chairman of the Committee on Armed
Services of the Senate.
(3) Two by the ranking member of the Committee on Armed
Services of the House of Representatives.
(4) Two by the ranking member of the Committee on Armed
Services of the Senate.
(5) Two by the Secretary of Defense.
(c) Co-chairs of the Panel.--The chairman of the Committee on Armed
Services of the House of Representatives and the chairman of the
Committee of Armed Services of the Senate shall each designate one of
their appointees under subsection (b) to serve as co-chair of the
panel.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Panel. Any vacancy in the Panel shall be filled in
the same manner as the original appointment.
(e) Duties.--The Panel shall--
(1) review the national defense strategy, the national
military strategy, the Secretary of Defense's terms of
reference, and any other materials providing the basis for, or
substantial inputs to, the work of the Department of Defense on
the 2009 quadrennial defense review under section 118 of title
10, United States Code (in this subsection referred to as the
``2009 QDR''), as well as the 2009 QDR itself;
(2) conduct an assessment of the assumptions, strategy,
findings, costs, and risks of the report of the 2009 QDR, with
particular attention paid to the risks described in that
report;
(3) submit to the congressional defense committees and the
Secretary an independent assessment of a variety of possible
force structures of the Armed Forces, including the force
structure identified in the report of the 2009 QDR, suitable to
meet the requirements identified in the review required in
paragraph (1);
(4) to the extent practicable, estimate the funding
required by fiscal year, in constant fiscal year 2010 dollars,
to organize, equip, and support the forces contemplated under
the force structures assessed in the assessment under paragraph
(3); and
(5) provide to Congress and the Secretary of Defense,
through the reports under subsection (g), any recommendations
it considers appropriate for their consideration.
(f) First Meeting.--
(1) The Panel shall hold its first meeting no later than 30
days after the date as of which all appointments to the Panel
under paragraphs (1), (2), (3), and (4) of subsection (b) have
been made.
(2) If the Secretary of Defense has not made the
Secretary's appointments to the Panel under subsection (b)(5)
by the date of the first meeting pursuant to paragraph (1), the
Panel shall convene with the remaining members.
(g) Reports.--
(1) Not later than April 15, 2010, the Panel shall submit
an interim report on its findings to the congressional defense
committees and to the Secretary of Defense.
(2) Not later than January 15, 2011, the Panel shall submit
its final report, together with any recommendations, to the
congressional defense committees and to the Secretary of
Defense.
(3) Not later than February 15, 2011, the Secretary of
Defense, after consultation with the Chairman of the Joint
Chiefs of Staff, shall submit to the committees referred to in
paragraph (2) the Secretary's comments on the Panel's final
report under that paragraph.
(h) Information From Federal Agencies.--The Panel may secure
directly from the Department of Defense and any of its components such
information as the Panel considers necessary to carry out its duties
under this section. The head of the department or agency concerned
shall ensure that information requested by the Panel under this
subsection is promptly provided.
(i) FFRDC Support.--Upon the request of the co-chairs of the Panel,
the Secretary of Defense shall make available to the Panel the services
of any federally funded research and development center that is covered
by a sponsoring agreement of the Department of Defense.
(j) Personnel Matters.--The Panel shall have the authorities
provided in section 3161 of title 5, United States Code, and shall be
subject to the conditions set forth in such section.
(k) Payment of Panel Expenses.--Funds for activities of the Panel
shall be provided from amounts available to the Department of Defense.
(l) Termination.--The Panel shall terminate 45 days after the date
on which the Panel submits its final report under subsection (g)(2).

SEC. 1036. REPORT REQUIRED ON NOTIFICATION OF DETAINEES OF RIGHTS UNDER
MIRANDA V. ARIZONA.

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 on how the reading of rights under Miranda v.
Arizona (384 U.S. 436 (1966)) to individuals detained by the United
States in Afghanistan may affect--
(1) the rules of engagement of the Armed Forces deployed in
support of Operation Enduring Freedom;
(2) post-capture interrogations and intelligence-gathering
activities conducted as part of Operation Enduring Freedom;
(3) the overall counterinsurgency strategy and objectives
of the United States for Operation Enduring Freedom;
(4) United States military operations and objectives in
Afghanistan; and
(5) potential risks to members of the Armed Forces
operating in Afghanistan.

SEC. 1037. ANNUAL REPORT ON THE ELECTRONIC WARFARE STRATEGY OF THE
DEPARTMENT OF DEFENSE.

(a) Annual Report Required.--At the same time as the President
submits to Congress the budget under section 1105(a) of title 31,
United States Code, for fiscal year 2011, and for each subsequent
fiscal year, the Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff and the Secretary of each of the
military departments, shall submit to the congressional defense
committees an annual report on the electronic warfare strategy of the
Department of Defense.
(b) Contents of Report.--Each report required under subsection (a)
shall include each of the following:
(1) A description and overview of--
(A) the Department of Defense's electronic warfare
strategy;
(B) how such strategy supports the National Defense
Strategy; and
(C) the organizational structure assigned to
oversee the development of the Department's electronic
warfare strategy, requirements, capabilities, programs,
and projects.
(2) A list of all the electronic warfare acquisition
programs and research and development projects of the
Department of Defense and a description of how each program or
project supports the Department's electronic warfare strategy.
(3) For each unclassified program or project on the list
required by paragraph (2)--
(A) the senior acquisition executive and
organization responsible for oversight of the program
or project;
(B) whether or not validated requirements exist for
each program or project and, if such requirements
exist, the date on which the requirements were
validated and by which organizational authority;
(C) the total amount of funding appropriated,
obligated, and forecasted by fiscal year for the
program or project, to include the program element or
procurement line number from which the program or
project receives funding;
(D) the development or procurement schedule for the
program or project;
(E) an assessment of the cost, schedule, and
performance of the program or project as it relates to
the program or project's current program baseline and
the original program baseline if such baselines are not
the same;
(F) the technology readiness level of each critical
technology that is part of the program or project;
(G) whether or not the program or project is
redundant or overlaps with the efforts of another
military department; and
(H) what capability gap the program or project is
being developed or procured to fulfill.
(4) A classified annex that contains the items described in
subparagraphs (A) through (H) for each classified program or
project on the list required by paragraph (2).

SEC. 1038. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR ACQUISITION AND
FUNDING OF TECHNOLOGIES SUPPORTING NETWORK-CENTRIC
OPERATIONS.

(a) Studies Required.--
(1) Independent study.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall enter into a contract with an independent federally
funded research and development center to carry out a
comprehensive study of policies, procedures, organization, and
regulatory constraints affecting the acquisition of
technologies supporting network-centric operations. The
contract shall be funded from amounts appropriated pursuant to
an authorization of appropriations in this Act or otherwise
made available for fiscal year 2010 for operation and
maintenance for Defense-wide activities.
(2) Joint chiefs of staff study.--The Chairman of the Joint
Chiefs of Staff shall carry out a comprehensive study of the
same subjects covered by paragraph (1). The study shall be
independent of the study required by paragraph (1) and shall be
carried out in conjunction with the military departments and in
coordination with the Secretary of Defense.
(b) Matters to Be Addressed.--Each study required by subsection (a)
shall address the following matters:
(1) Development of a system for understanding the various
foundational components that contribute to network-centric
operations, such as data transport, processing, storage, data
collection, and dissemination of information.
(2) Determining how acquisition and funding programs that
are in place as of the date of the enactment of this Act relate
to the system developed under paragraph (1).
(3) Development of acquisition and funding models using the
system developed under paragraph (1), including--
(A) a model under which a joint entity independent
of any military department (such as the Joint Staff) is
established with responsibility and control of all
funding for the acquisition of technologies for
network-centric operations, and with authority to
oversee the incorporation of such technologies into the
acquisition programs of the military departments;
(B) a model under which an executive agent is
established to manage and oversee the acquisition of
technologies for network-centric operations, but would
not have exclusive control of the funding for such
programs;
(C) a model under which the acquisition and funding
programs that are in place as of the date of the
enactment of this Act are maintained; and
(D) any other model that the entity carrying out
the study considers relevant.
(4) An analysis of each of the models developed under
paragraph (3) with respect to potential benefits in--
(A) collecting, processing, and disseminating
information;
(B) network commonality;
(C) common communications;
(D) interoperability;
(E) mission impact and success; and
(F) cost effectiveness.
(5) An evaluation of each of the models developed under
paragraph (3) with respect to feasibility, including
identification of legal, policy, or regulatory barriers that
may impede the implementation of such model.
(c) Report Required.--Not later than September 30, 2010, the
Secretary of Defense shall submit to the congressional defense
committees a report on the results of the studies required by
subsection (a). The report shall include the findings and
recommendations of the studies and any observations and comments that
the Secretary considers appropriate.
(d) Network-centric Operations Defined.--In this section, the term
``network-centric operations'' refers to the ability to exploit all
human and technical elements of the Joint Force and mission partners
through the full integration of collected information, awareness,
knowledge, experience, and decision-making, enabled by secure access
and distribution, all to achieve agility and effectiveness in a
dispersed, decentralized, dynamic, or uncertain operational
environment.

SEC. 1039. REPORT ON COMPETITIVE PROCEDURES USED FOR EARMARKS IN
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2008.

(a) Report Requirement.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the congressional earmarks described in subsection
(b).
(b) Congressional Earmarks Described.--The congressional earmarks
described in this subsection are the congressional earmarks (House) and
the congressionally directed spending items (Senate) on the list
published in compliance with clause 9 of rule XXI of the Rules of the
House of Representatives and rule XLIV of the Standing Rules of the
Senate and contained on pages 372 to 476 of the Joint Explanatory
Statement submitted by the Committee of Conference for the conference
report to accompany H.R. 3222 of the 110th Congress (Report 110-434).
(c) Matters Covered by Report.--The report required by subsection
(a) shall set forth the following with respect to each congressional
earmark on the list referred to in subsection (b):
(1) The competitive procedures used to procure each
earmark, including the process used, the tools employed, and
the decisions reached.
(2) If competitive procedures were not used to procure an
earmark, the reasons why competitive procedures were not used,
including a discussion of the decision making process and how
the decision to use procedures other than competitive
procedures was reached.

SEC. 1040. STUDY ON NATIONAL SECURITY PROFESSIONAL CAREER DEVELOPMENT
AND SUPPORT.

(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the President shall designate an Executive
agency to commission a study by an appropriate independent, non-profit
organization. The organization selected shall study the design and
implementation of an interagency system for the career development and
support of national security professionals. The organization selected
shall be qualified on the basis of having performed related work in the
fields of national security and human capital development, and on the
basis of such other criteria as the head of the Executive agency may
determine.
(b) Matters Considered.--The study required by subsection (a)
shall, at a minimum, include the following:
(1) The qualifications required to certify an employee as a
national security professional.
(2) Methods for identifying and designating positions
within the Federal Government which require the knowledge,
skills and aptitudes of a national security professional.
(3) The essential elements required for an accredited
interagency national security professional education system.
(4) A system for training national security professionals
to ensure they develop and maintain the qualifications
identified under paragraph (1).
(5) An institutional structure for managing a national
security professional career development system.
(6) Potential mechanisms for funding a national security
professional career development program.
(c) Report.--A report containing the findings and recommendations
resulting from the study required by subsection (a), together with any
views or recommendations of the President, shall be submitted to
Congress by December 1, 2010.
(d) Definitions.--For purposes of this section--
(1) the term ``Executive agency'' has the meaning given
such term by section 105 of title 5, United States Code;
(2) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code; and
(3) the term ``national security professional'' means, with
respect to an employee of an Executive agency, an employee of
such agency in a position relating to the planning of,
coordination of, or participation in, interagency national
security operations.

Subtitle E--Other Matters

SEC. 1041. PROHIBITION RELATING TO PROPAGANDA.

(a) In General.--
(1) Prohibition.--Chapter 134 of title 10, United States
Code, is amended by inserting after section 2241 the following
new section:
``Sec. 2241a. Prohibition on use of funds for publicity or propaganda
purposes within the United States
``Funds available to the Department of Defense may not be obligated
or expended for publicity or propaganda purposes within the United
States not otherwise specifically authorized by law.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2241a. Prohibition on use of funds for publicity or propaganda
purposes within the United States.''.
(b) Effective Date.--Section 2241a of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 2009, or
the date of the enactment of this Act, whichever is later.

SEC. 1042. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR
COMBATING TERRORISM.

Section 127b(c)(3)(C) of title 10, United States Code, is amended
by striking ``2009'' and inserting ``2010''.

SEC. 1043. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The heading of section 1567 is amended to read as
follows:
``Sec. 1567. Duration of military protective orders''.
(2) The heading of section 1567a is amended to read as
follows:
``Sec. 1567a. Mandatory notification of issuance of military protective
order to civilian law enforcement''.
(3) Section 2306c(h) is amended by striking ``section
2801(c)(2)'' and inserting ``section 2801(c)(4)''.
(4) Section 2667(g)(1) is amended by striking ``Secretary
concerned concerned'' and inserting ``Secretary concerned''.
(b) Title 37, United States Code.--Section 308(a)(2)(A)(ii) of
title 37, United States Code, is amended by striking the comma before
the period at the end.
(c) Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009.--Effective as of October 14, 2008, and as if included
therein as enacted, the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417) is amended as follows:
(1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 2710 note) is
amended by striking ``Secretary'' and inserting ``Secretary of
Defense''.
(2) Section 523(1) (122 Stat. 4446) is amended by striking
``serving or'' and inserting ``serving in or''.
(3) Section 616 (122 Stat. 4486) is amended by striking
``of title'' in subsections (b) and (c) and inserting ``of such
title''.
(4) Section 732(2) (122 Stat. 4511) is amended by striking
``year.'' and inserting ``year''.
(5) Section 811(c)(6)(A)(iv)(I) (122 Stat.4524) is amended
by striking ``after of `the program''' and inserting ``after
`of the program'''.
(6) Section 813(d)(3) (122 Stat. 4527) is amended by
striking ``each of subsections (c)(2)(A) and (d)(2)'' and
inserting ``subsection (c)(2)(A)''.
(7) Section 825(b) (122 Stat. 4534) is amended in the new
item being added by inserting a period after ``thereof''.
(8) Section 834(a)(2) (122 Stat. 4537) is amended by
inserting ``subchapter II of'' before ``chapter 87''.
(9) Section 845(a) (122 Stat. 4541) is amended--
(A) in paragraph (1), by striking ``Subchapter I''
and inserting ``Subchapter II''; and
(B) in paragraph (2), by striking ``subchapter I''
and inserting ``subchapter II''.
(10) Section 855 (122 Stat. 4545) is repealed.
(11) Section 921(1) (122 Stat. 4573) is amended by striking
``subsections (f) and (g) as subsections (g) and (h)'' and
inserting ``subsections (f), (g), and (h) as subsections (g),
(h), and (i)''.
(12) Section 931(b)(5) (122 Stat. 4575) is amended--
(A) by striking ``Section 201(e)(2)'' and inserting
``Section 201(f)(2)(E)''; and
(B) by striking ``(6 U.S.C. 121(e)(2))'' and
inserting ``(6 U.S.C. 121(f)(2)(E))''.
(13) Section 932 (122 Stat. 4576) is repealed.
(14) Section 1033(b) (122 Stat. 4593) is amended by
striking ``chapter 941'' and inserting ``chapter 931''.
(15) Section 1059 (122 Stat. 4611) is amended by striking
``Act of'' and inserting ``Act for''.
(16) Section 1061(b)(3) (122 Stat. 4613) is amended by
striking ``103'' and inserting ``188''.
(17) Section 1109 (122 Stat. 4618) is amended in subsection
(e)(1) of the matter proposed to be added by striking ``the
date of the enactment of this Act'' and inserting ``October 14,
2008,''.
(18) Section 2104(b) (122 Stat. 4664) is amended in the
matter preceding paragraph (1) by striking ``section 2401'' and
inserting ``section 2101''.
(19) Section 3508(b) (122 Stat. 4769) is amended to read as
follows:
``(b) Conforming Amendment.--The chapter 541 of title 46, United
States Code, as inserted and amended by the amendments made by
subparagraphs (A) through (D) of section 3523(a)(6) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 599), is repealed.''.
(20) Section 3511(d) (122 Stat. 4770) is amended by
inserting before the period the following: ``, and by striking
`calendar' and inserting `fiscal' in the heading for paragraph
(2)''.

SEC. 1044. REPEAL OF PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR
REFUELING SUPPORT FOR THE AIR FORCE.

The National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181) is amended by striking section 1081.

SEC. 1045. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION ON THE
STRATEGIC POSTURE OF THE UNITED STATES.

Section 1062 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 319) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) in subsection (h), as redesignated by paragraph (1) of
this subsection, by striking ``June 1, 2009'' and inserting
``September 30, 2010''; and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Follow-on Report.--Not later than May 1, 2010, the commission
shall submit to the President, the Secretary of Defense, the Secretary
of Energy, the Secretary of State, the Committee on Armed Services of
the Senate, the Committee on Foreign Relations of the Senate, the
Committee on Armed Services of the House of Representatives, and the
Committee on Foreign Affairs of the House of Representatives a follow-
on report to the report submitted under subsection (e). With respect to
the matters described under subsection (c), the follow-on report shall
include, at a minimum, the following:
``(1) A review of--
``(A) the nuclear posture review required by
section 1070 of this Act; and
``(B) the Quadrennial Defense Review required to be
submitted under section 118 of title 10, United States
Code.
``(2) A review of legislative actions taken by the 111th
Congress.''.

SEC. 1046. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO PORTUGUESE
NATIONALS EMPLOYED BY THE DEPARTMENT OF DEFENSE.

(a) Authorization for Payments.--Subject to subsection (b), the
Secretary of Defense may authorize payments to Portuguese nationals
employed by the Department of Defense in Portugal, for the difference
between--
(1) the salary increases resulting from section 8002 of the
Department of Defense Appropriations Act, 2006 (Public Law 109-
148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002 of
the Department of Defense Appropriations Act, 2007 (Public Law
109-289; 120 Stat. 1271; 10 U.S.C. 1584 note); and
(2) salary increases supported by the Department of Defense
Azores Foreign National wage surveys for survey years 2006 and
2007.
(b) Limitation.--The authority provided in subsection (a) may be
exercised only if--
(1) the wage survey methodology described in the United
States--Portugal Agreement on Cooperation and Defense, with
supplemental technical and labor agreements and exchange of
notes, signed at Lisbon on June 1, 1995, and entered into force
on November 21, 1995, is eliminated; and
(2) the agreements and exchange of notes referred to in
paragraph (1) and any implementing regulations thereto are
revised to provide that the obligations of the United States
regarding annual pay increases are subject to United States
appropriation law governing the funding available for such
increases.
(c) Authorization for Appropriation.--Of the amounts authorized to
be appropriated under title III, not less than $240,000 is authorized
to be appropriated for fiscal year 2010 for the purpose of the payments
authorized by subsection (a).

SEC. 1047. COMBAT AIR FORCES RESTRUCTURING.

(a) Limitations Relating to Legacy Aircraft.--Until the expiration
of the 90-day period beginning on the date the Secretary of the Air
Force submits a report in accordance with subsection (b), the following
provisions apply:
(1) Prohibition on retirement of aircraft.--The Secretary
of the Air Force may not retire any fighter aircraft pursuant
to the Combat Air Forces restructuring plan announced by the
Secretary on May 18, 2009.
(2) Prohibition on personnel reassignments.--The Secretary
of the Air Force may not reassign any Air Force personnel
(whether on active duty or a member of a reserve component,
including the National Guard) associated with such
restructuring plan.
(3) Requirements to continue funding.--
(A) Of the funds authorized to be appropriated in
title III of this Act for operations and maintenance
for the Air Force, at least $344,600,000 shall be
expended for continued operation and maintenance of the
249 fighter aircraft scheduled for retirement in fiscal
year 2010 pursuant to such restructuring plan.
(B) Of the funds authorized to be appropriated in
title I of this Act for procurement for the Air Force,
at least $10,500,000 shall be available for obligation
to provide for any modifications necessary to sustain
the 249 fighter aircraft.
(b) Report.--The report under subsection (a) shall be submitted to
the Committees on Armed Services of the House of Representatives and
the Senate and shall include the following information:
(1) A detailed plan of how the force structure and
capability gaps resulting from the retirement actions will be
addressed.
(2) An explanation of the assessment conducted of the
current threat environment and current capabilities.
(3) A description of the follow-on mission assignments for
each affected base.
(4) An explanation of the criteria used for selecting the
affected bases and the particular fighters chosen for
retirement.
(5) A description of the environmental analyses being
conducted.
(6) An identification of the reassignment and manpower
authorizations necessary for the Air Force personnel (both
active duty and reserve component) affected by the retirements
if such retirements are accomplished.
(7) A description of the funding needed in fiscal years
2010 through 2015 to cover operation and maintenance costs,
personnel, and aircraft procurement, if the restructuring plan
is not carried out.
(8) An estimate of the cost avoidance should the
restructuring plan more forward and a description of how such
funds would be invested during the future-years defense plan to
ensure the remaining fighter force achieves the desired service
life and is sufficiently modernized to outpace the threat.
(c) Exception for Certain Aircraft.--The prohibition in subsection
(a)(1) shall not apply to the five fighter aircraft scheduled for
retirement in fiscal year 2010, as announced when the budget for fiscal
year 2009 was submitted to Congress.

SEC. 1048. SENSE OF CONGRESS HONORING THE HONORABLE ELLEN O. TAUSCHER.

(a) Findings.--Congress makes the following findings:
(1) In 1996, Representative Ellen O. Tauscher was elected
to represent California's 10th Congressional district, which is
located in the East Bay Area of northern California and
consists of parts of Solano, Contra Costa, Alameda, and
Sacramento counties.
(2) Representative Tauscher also represents two of the
Nation's defense laboratories, Lawrence Livermore and the
California campus of Sandia, as well as Travis Air Force Base,
home of the 60th Air Mobility Wing and the Camp Parks Army
Reserve facility.
(3) Prior to her service in Congress, Representative
Tauscher worked in the private sector for 20 years, 14 of which
were on Wall Street.
(4) At age 25, Representative Tauscher became one of the
first women, and the youngest at the time, to hold a seat on
the New York Stock Exchange, and she later served as an officer
of the American Stock Exchange.
(5) Representative Tauscher moved to California in 1989 and
shortly afterwards founded the first national research service
to help parents verify the background of childcare workers
while she sought quality childcare for her own daughter.
(6) Subsequently, Representative Tauscher published a book
to help working parents make informed decisions about their own
childcare needs.
(7) Representative Tauscher is known by her colleagues in
Congress as a leader on national security and nonproliferation
issues.
(8) During her tenure, she has introduced legislation to
increase and expand the Nation's nonproliferation programs,
strengthen the Stockpile Stewardship Program, and provide the
Nation's troops with the support and equipment they deserve.
(9) In the 110th Congress, Representative Tauscher was
appointed Chairman of the Strategic Forces Subcommittee of the
Armed Services Committee of the House of Representatives,
becoming only the third woman in history to chair an Armed
Services subcommittee.
(10) Representative Tauscher is also the first California
Democrat to be elevated to an Armed Services Subcommittee
Chairmanship since 1992.
(11) Representative Tauscher is currently serving her
second term as the Chairman of the House New Democrat
Coalition, and she was appointed by the Speaker of the House to
serve as the Vice Chair for the Future Security and Defense
Capabilities Subcommittee of the Defense and Security Committee
of NATO's Parliamentary Assembly.
(12) On May 5, 2009, the President nominated Representative
Tauscher to serve as Under Secretary of State for Arms Control
and International Security at the Department of State.
(b) Sense of Congress.--It is the Sense of Congress that the
Honorable Ellen O. Tauscher, Representative from California, has served
the House of Representatives and the American people selflessly and
with distinction, and that she deserves the sincere and humble
gratitude of Congress and the Nation.

SEC. 1049. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF SUBMARINE
NR-1.

(a) Findings.--Congress makes the following findings:
(1) The Deep Submergence Vessel NR-1 (hereinafter in this
section referred to as ``NR-1'') was built by the Electric Boat
Company in Groton, Connecticut, entered service in 1969, and
was the only nuclear-powered research submersible in the United
States Navy.
(2) NR-1 was assigned to Naval Submarine Base New London,
located in Groton, Connecticut throughout her entire service
life.
(3) NR-1 was inactivated in December 2008.
(4) Due to the unique capabilities of NR-1, it conducted
numerous missions of significant military and scientific value
most notably in the fields of geological survey and
oceanographic research.
(5) In 1986, NR-1 played a key role in the search for and
recovery of the Space Shuttle Challenger.
(6) The mission of the Submarine Force Library and Museum
in Groton, Connecticut, is to collect, preserve, and interpret
the history of the United States Naval Submarine Force in order
to honor veterans and to educate naval personnel and the public
in the heritage and traditions of the Submarine Force.
(7) NR-1 is a unique and irreplaceable part of the history
of the Navy and the Submarine Force and an educational and
historical asset that should be shared with the Nation and the
world.
(b) Sense of Congress.--It is the Sense of Congress that--
(1) NR-1 is a unique and irreplaceable part of the Nation's
history and as much of the vessel as possible should be
preserved for the historical and educational benefit of all
Americans at the Submarine Force Museum and Library in Groton,
Connecticut; and
(2) the Secretary of the Navy should ensure that as much of
the vessel as possible, including unique components of on-board
equipment and clearly recognizable sections of the hull and
superstructure, to the full extent practicable, are made
available for transfer to the Submarine Force Museum and
Library.

SEC. 1050. COMPLIANCE WITH REQUIREMENT FOR PLAN ON THE DISPOSITION OF
DETAINEES AT NAVAL STATION, GUANTANAMO BAY, CUBA.

The Secretary of Defense shall comply with the requirements of
section 1023(b) of this Act, regarding the transfer or release of the
individuals detained at Naval Station, Guantanamo Bay, Cuba.

SEC. 1051. SENSE OF CONGRESS REGARDING CARRIER AIR WING FORCE
STRUCTURE.

(a) Findings.--Congress makes the following findings:
(1) The requirement of section 5062(b) of title 10, United
States Code, for the Navy to maintain not less than 11
operational aircraft carriers, means that the naval combat
forces of the Navy also include not less than 10 carrier air
wings.
(2) The Department of the Navy currently requires a carrier
air wing to include not less than 44 strike fighter aircraft.
(3) In spite of the potential warfighting benefits that may
result in the deployment of fifth-generation strike fighter
aircraft, for the foreseeable future the majority of the strike
fighter aircraft assigned to a carrier air wing will not be
fifth-generation assets.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in addition to the forces described in section 5062(b)
of title 10, United States Code, the naval combat forces of the
Navy should include not less than 10 carrier air wings (even if
the number of aircraft carriers is temporarily reduced) that
are comprised of, in addition to any other aircraft, not less
than 44 strike fighter aircraft; and
(2) the Secretary of the Navy should take all appropriate
actions necessary to make resources available in order to
include such number of strike fighter aircraft in each carrier
air wing.

SEC. 1052. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE FINANCIAL
IMPROVEMENT AND AUDIT READINESS; PLAN.

(a) Findings.--Congress makes the following findings:
(1) The Department of Defense is the largest agency in the
Federal Government, owning 86 percent of the Government's
assets, estimated at $4.6 trillion.
(2) It is essential that the Department maintain strong
financial management and business systems that allow for
comprehensive auditing, in order to improve financial
management government-wide and to achieve an opinion on the
Federal Government's consolidated financial statements.
(3) Several major pieces of legislation, such as the Chief
Financial Officers Act of 1990 (Public Law 101-576) and the
Federal Financial Management Improvement Act of 1996 (Public
Law 104-208; 31 U.S.C. 3512 note) have required published
financial statement audits, reporting by auditors regarding
whether the Department's financial management systems comply
substantially with Federal accounting standards, and other
measures intended to ensure financial management systems of the
Department provide accurate, reliable, and timely financial
management information.
(4) Nevertheless, according to the January 2009 update to
the Government Accountability Office High Risk Series, to date,
only ``* * * the U.S. Army Corps of Engineers, Civil Works has
achieved a clean audit opinion on its financial statements.
None of the military services have received favorable financial
statement audit opinions, and the Department has annually
acknowledged that long-standing pervasive weaknesses in its
business systems, processes, and controls have prevented
auditors from determining the reliability of reported financial
statement information.''.
(5) In response to a congressional mandate, the Department
issued its first biennial Financial Improvement and Audit
Readiness Plan in December 2005, to delineate its strategy for
addressing financial management challenges and achieving clean
audit opinions. This 2005 report projected that 69 percent of
assets and 80 percent of liabilities would be ``clean'' by
2009, yet in the latest report in March 2009 the Department
projects it will achieve an unqualified audit on only 45
percent of its assets and liabilities by 2009. The Department
of Defense is falling behind its original plan to achieve full
compliance with the law by 2017.
(6) Following the passage of the Sarbanes-Oxley Act of 2002
(Public Law 107-204), publicly traded corporations in the
United States would face severe penalties for similar
deficiencies in financial management and accountability.
(b) Sense of Congress.--It is the sense of Congress that it is no
longer excusable to allow poor business systems, a deficiency of
resource allocation, or a lack of commitment from senior Department of
Defense leadership to foster waste or non-accountability to the United
States taxpayer. It is the further sense of Congress that the Secretary
of Defense has not made compliance with financial management and audit
readiness standards a top priority and should require, through the
Chief Management Officer of the Department of Defense, that each
component of the Department develop and implement a specific plan to
become compliant with the law well in advance of 2017.
(c) Plan.--In the next update of the Financial Improvement and
Audit Readiness Plan, following the date of the enactment of this Act,
the Secretary of Defense shall outline a plan to achieve a full,
unqualified audit of the Department of Defense by September 30, 2013.
In the plan, the Secretary shall also identify a mechanism to conduct
audits of the military intelligence programs and agencies and to submit
audited financial statements for such agencies to Congress in a
classified manner.

SEC. 1053. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

(a) Findings.--Congress makes the following findings:
(1) At the request of President George W. Bush, Congress
permitted the President to waive applicable provisions of the
National Defense Authorization Act for Fiscal Year 2008 with
respect to judicially cognizable claims of American victims of
torture and hostage taking by the Government of Iraq.
(2) In return, however, Congress requested the executive
branch to resolve these claims through negotiations with Iraq.
(3) After considerable delay, officials of the Department
of State have informed Members of Congress that these
negotiations are underway.
(4) Congress appreciates the start of the negotiations and
will monitor the progress in the prompt and equitable
resolution of these claims.
(5) Congress notes that the House of Representatives in the
110th Congress unanimously adopted H.R. 5167, the Justice for
Victims of Torture and Terrorism Act, which set forth an
appropriate compromise of these claims.
(6) In the interest of assisting the new democratic
government of Iraq, H.R. 5167 offers a considerable compromise
to all parties involved by waiving all punitive damages awarded
by the courts in these cases, as well as approximately two-
thirds of compensatory damages awarded by the courts.
(b) Sense of Congress.--It is the sense of Congress that as the
negotiations to resolve the claims of American victims of torture and
hostage taking by the Government of Iraq that are referred to in
subsection (a)(1) proceed, Congress continues to view the provisions of
H.R. 5167 of the 110th Congress as representing a fair compromise of
these claims.

SEC. 1054. REPEAL OF CERTAIN LAWS PERTAINING TO THE JOINT COMMITTEE FOR
THE REVIEW OF COUNTERPROLIFERATION PROGRAMS OF THE UNITED
STATES.

(a) Joint Committee for the Review of Counterproliferation
Programs.--Section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 22 U.S.C. 2751 note) is repealed.
(b) Biennial Report on Counterproliferation Activities and
Programs.--Section 1503 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 22 U.S.C. 2751 note) is repealed.

SEC. 1055. NOTIFICATION AND ACCESS OF INTERNATIONAL COMMITTEE OF THE
RED CROSS WITH RESPECT TO DETAINEES AT THEATER INTERNMENT
FACILITY AT BAGRAM AIR BASE, AFGHANISTAN.

(a) Notification.--The head of a military service or department, or
of a Federal department or agency, that has custody or effective
control of the Theater Internment Facility at Bagram Air Base,
Afghanistan, or of any individual detained at such facility, shall,
upon the detention of any such individual at facility, notify the
International Committee of the Red Cross (referred to in this section
as the ``ICRC'') of such custody or effective control, as soon as
possible.
(b) Access.--The head of a military service or department, or of a
Federal department or agency, with effective control of the Theater
Internment Facility at Bagram Air Base, Afghanistan, pursuant to
subsection (a), shall ensure ICRC access to any detainee within 24
hours of the receipt by such head of an ICRC request to access the
detainee. Such access to the detainee shall continue pursuant to ICRC
protocols and agreements reached between the ICRC and the head of a
military service or department, or of a Federal department or agency,
with effective control over the Theater Internment Facility at Bagram
Air Base, Afghanistan.
(c) Scope of Access.--The ICRC shall be provided access, in
accordance with this section, to any physical locality at the Theater
Internment Facility at Bagram Air Base, Afghanistan, determined by the
ICRC to be relevant to the treatment of the detainee, including the
detainee's cell or room, interrogation facilities or rooms, hospital or
related health care facilities or rooms, or other locations not named
in this section.
(d) Construction.--Nothing in this section shall be construed to--
(1) create or modify the authority of a military service or
department, a Federal law enforcement agency, or the
intelligence community to detain an individual; or
(2) limit or otherwise affect any other rights or
obligations which may arise under the Geneva Conventions, other
international agreements, or other laws, or to state all of the
situations under which notification to and access for the
International Committee of the Red Cross is required or
allowed.

SEC. 1056. SENSE OF CONGRESS HONORING THE HONORABLE JOHN M. MCHUGH.

(a) Findings.--Congress makes the following findings:
(1) In 1993, Representative John M. McHugh was elected to
represent New York's 23rd Congressional district, which is
located in northern New York and consists of Clinton, Hamilton,
Lewis, Oswego, Madison, and Saint Lawrence counties and parts
of Essex, Franklin, Fulton, and Oneida counties.
(2) Representative McHugh also represents Fort Drum, home
of the 10th Mountain Division.
(3) Prior to his service in Congress, Representative McHugh
served four terms in the New York State Senate, representing
the 48th district from 1984 to 1992.
(4) Representative McHugh began his public service career
in 1971 in his hometown of Watertown, New York, where he served
for five years as a Confidential Assistant to the City Manager.
(5) Subsequently, Representative McHugh served for nine
years as Chief of Research and Liaison with local governments
for New York State Senator H. Douglas Barclay.
(6) Representative McHugh is known by his colleagues as a
leader on national defense and security issues and a tireless
advocate for America's military personnel and their families.
(7) During his tenure, he has led the effort to increase
Army and Marine Corps end-strength levels, increase military
personnel pay, reduce the unfair tax on veterans' disability
and military retired pay (concurrent receipt) and safeguard
military retiree benefits for our troops.
(8) Since the 103rd Congress, Representative McHugh has
served on the Armed Services Committee of the House of
Representatives and subsequently was appointed Chairman of the
Morale, Welfare, and Recreation Panel before being appointed
Chairman of the Military Personnel Subcommittee.
(9) Representative McHugh began serving on the Unites
States Military Academy Board of Visitors in 1995, and he was
appointed to the Board of Visitors by the Speaker of the House
in 2007.
(10) In the 111th Congress, Representative McHugh was
appointed Ranking Member of the Armed Services Committee of the
House of Representatives by the Republican membership of the
House of Representatives.
(11) On June 2, 2009, the President announced his intention
to nominate Representative McHugh to serve as the Secretary of
the Army.
(b) Sense of Congress.--It is the sense of Congress that the
Honorable John M. McHugh, Representative from New York, has served the
House of Representatives and the American people selflessly and with
distinction and that he deserves the sincere and humble gratitude of
Congress and the Nation.

SEC. 1057. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT
WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

Section 2166 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Public Disclosure of Students and Instructors.--(1) The
Secretary of Defense shall release to the public, upon request, the
information described in paragraph (2) for each of fiscal years 2005,
2006, 2007, 2008, and 2009, and any fiscal year thereafter.
``(2) The information to be released under paragraph (1) shall
include the following with respect to the fiscal year covered:
``(A) The entire name, including the first, middle, and
maternal and paternal surnames, with respect to each student
and instructor at the Institute.
``(B) The rank of each student and instructor.
``(C) The country of origin of each student and instructor.
``(D) The courses taken by each student.
``(E) The courses taught by each instructor.
``(F) Any years of attendance by each student in addition
to the fiscal year covered.''.

SEC. 1058. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY
RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF
PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL
OF THE DEPARTMENT OF DEFENSE.

(a) Findings.--Congress makes the following findings:
(1) In January 2009, the Secretary of Defense tasked a
special Department of Defense team to review the conditions of
confinement at Naval Station, Guantanamo Bay, Cuba, to ensure
all detainees there are being held ``in conformity with all
applicable laws governing the conditions of confinement,
including Common Article 3 of the Geneva Conventions'',
pursuant to the President's Executive Order on Review and
Disposition of Individuals Detained at the Guantanamo Bay Naval
Base and Closure of Detention Facilities, dated January 22,
2009.
(2) That review, led by Admiral Patrick M. Walsh, included
as one of its five key recommendations the following statement:
``Fourth, we endorse the use of video recording in all camps
and for all interrogations. The use of video recordings to
confirm humane treatment could be an important enabler for
detainee operations. Just as internal controls provide
standardization, the use of video recordings provides the
capability to monitor performance and maintain
accountability.''.
(3) Congress concurs and finds that the implementation of
such a detainee videorecording requirement within the
Department of Defense is in the national security interest of
the United States.
(b) In General.--In accordance with the Army Field Manual on Human
Intelligence Collector Operations (FM 2-22.3, September 2006), or any
successor thereto, and the guidelines developed pursuant to subsection
(f), the Secretary of Defense shall take such actions as are necessary
to ensure the videotaping or otherwise electronically recording of each
strategic intelligence interrogation of any person who is in the
custody or under the effective control of the Department of Defense or
under detention in a Department of Defense facility.
(c) Classification of Information.--To protect United States
national security, the safety of the individuals conducting or
assisting in the conduct of a strategic intelligence interrogation, and
the privacy of persons described in subsection (b), the Secretary of
Defense shall provide for the appropriate classification of video tapes
or other electronic recordings made pursuant to subsection (b). The use
of such classified video tapes or other electronic recordings in
proceedings conducted under the Detainee Treatment Act of 2005 (title
14 of Public Law 109-163 and title 10 of Public Law 109-148), the
Military Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public Law
109-366), or any other provision of law shall be governed by applicable
rules, regulations, and law.
(d) Strategic Intelligence Interrogation Defined.--For purposes of
this section, the term ``strategic intelligence interrogation'' means
an interrogation of a person described in subsection (b) conducted at a
theater-level detention facility.
(e) Exclusion.--Nothing in this section shall be construed as
requiring--
(1) any member of the Armed Forces engaged in direct combat
operations to videotape or otherwise electronically record a
person described in subsection (b); or
(2) the videotaping or other electronic recording of
tactical questioning, as such term is defined in the Army Field
Manual on Human Intelligence Collector Operations (FM 2-22.3,
September 2006), or any successor thereto.
(f) Guidelines for Videotape and Other Electronic Recordings.--
(1) Development of guidelines.--The Secretary of Defense,
acting through the Judge Advocates General (as defined in
section 801(1) of title 10, United States Code, (Article 1 of
the Uniform Code of Military Justice)), shall develop and adopt
uniform guidelines designed to ensure that the videotaping or
other electronic recording required under subsection (b), at a
minimum--
(A) promotes full compliance with the laws of the
United States;
(B) is maintained for a length of time that serves
the interests of justice in cases for which trials are
being or may be conducted pursuant to the Detainee
Treatment Act of 2005 (title 14 of Public Law 109-163
and title 10 of Public Law 109-148), the Military
Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public
Law 109-366), or any other provision of law;
(C) promotes the exploitation of intelligence; and
(D) ensures the safety of all participants in the
interrogations.
(2) Submittal to congress.--Not later than 30 days after
the date of the enactment of this section, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the
guidelines developed under paragraph (1). Such report shall be
in an unclassified form but may include a classified annex.

TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COMPLETING THE NATIONAL
SECURITY EDUCATION PROGRAM.

(a) Authority for Employment.--Section 802 of the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1902) is amended by
adding at the end the following new subsection:
``(k) Employment of Program Participants.--The Secretary of
Defense, the head of an element of the intelligence community, the
Secretary of Homeland Security, the Secretary of State, or the head of
a Federal agency or office identified by the Secretary of Defense under
subsection (g) as having national security responsibilities--
``(1) may, without regard to any provision of title 5
governing appointment of employees to positions in the
Department of Defense, an element of the intelligence
community, the Department of Homeland Security, the Department
of State, or such Federal agency or office, appoint to a
position that is identified under subsection (b)(2)(A)(i) as
having national security responsibilities, or to a position in
such Federal agency or office, in the excepted service an
individual who has successfully completed an academic program
for which a scholarship or fellowship under this section was
awarded and who, under the terms of the agreement for such
scholarship or fellowship, at the time of such appointment owes
a service commitment to such Department, such element, or such
Federal agency or office; and
``(2) may, upon satisfactory completion of two years of
substantially continuous service by an incumbent who was
appointed to an excepted service position under the authority
of paragraph (1), convert the appointment of such individual,
without competition, to a career or career conditional
appointment.''.
(b) Technical Amendment.--Section 808 of such Act (50 U.S.C. 1908)
is amended by adding at the end the following new paragraph:
``(6) The term `intelligence community' has the meaning
given the term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).''.

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.

(a) Authority for Employment.--Subsection (d) of section 2192a of
title 10, United States Code, is amended to read as follows:
``(d) Employment of Program Participants.--The Secretary of
Defense--
``(1) may, without regard to any provision of title 5
governing appointment of employees to positions in the
Department of Defense, appoint to a position in the Department
of Defense in the excepted service an individual who has
successfully completed an academic program for which a
scholarship or fellowship under this section was awarded and
who, under the terms of the agreement for such scholarship or
fellowship, at the time of such appointment owes a service
commitment to the Department; and
``(2) may, upon satisfactory completion of two years of
substantially continuous service by an incumbent who was
appointed to an excepted service position under the authority
of paragraph (1), convert the appointment of such individual,
without competition, to a career or career conditional
appointment.''.
(b) Conforming Amendment.--Subsection (c)(2) of such section is
amended by striking ``Except as provided in subsection (d), the'' in
the second sentence and inserting ``The''.
(c) Technical Amendments.--Subsection (f) of such section is
amended--
(1) by striking the first sentence; and
(2) by striking ``the authorities provided in such
chapter'' and inserting ``the other authorities provided in
this chapter''.
(d) Repeal of Obsolete Provision.--Such section is further amended
by striking subsection (g).

SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVIDUALS WHO HAVE
SUCCESSFULLY COMPLETED THE DEPARTMENT OF DEFENSE
INFORMATION ASSURANCE SCHOLARSHIP PROGRAM.

Section 2200a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Employment of Program Participants.--The Secretary of
Defense--
``(1) may, without regard to any provision of title 5
governing appointments in the competitive service, appoint to
an information technology position in the Department of Defense
in the excepted service an individual who has successfully
completed an academic program for which a scholarship under
this section was awarded and who, under the terms of the
agreement for such scholarship, at the time of such appointment
owes a service commitment to the Department; and
``(2) may, upon satisfactory completion of two years of
substantially continuous service by an incumbent who was
appointed to an excepted service position under the authority
of paragraph (1), convert the appointment of such individual,
without competition, to a career or career conditional
appointment.''.

SEC. 1104. ADDITIONAL PERSONNEL AUTHORITIES FOR THE SPECIAL INSPECTOR
GENERAL FOR AFGHANISTAN RECONSTRUCTION.

Section 1229(h) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 381) is amended by
striking paragraph (1) and inserting the following:
``(1) Personnel.--
``(A) In general.--The Inspector General may
select, appoint, and employ such officers and employees
as may be necessary for carrying out the duties of the
Inspector General, subject to the provisions of title
5, United States Code, governing appointments in the
competitive service, and the provisions of chapter 51
and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay
rates.
``(B) Additional authorities.--
``(i) In general.--Subject to clause (ii),
the Inspector General may exercise the
authorities of subsections (b) through (i) of
section 3161 of title 5, United States Code
(without regard to subsection (a) of that
section).
``(ii) Periods of appointments.--In
exercising the employment authorities under
subsection (b) of section 3161 of title 5,
United States Code, as provided under clause
(i) of this subparagraph--
``(I) paragraph (2) of that
subsection (relating to periods of
appointments) shall not apply; and
``(II) no period of appointment may
exceed the date on which the Office of
the Special Inspector General for
Afghanistan Reconstruction terminates
under subsection (o).''.

SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.

Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), is amended by striking ``calendar year 2009'' and
inserting ``calendar years 2009 and 2010''.

SEC. 1106. EXTENSION OF CERTAIN BENEFITS TO FEDERAL CIVILIAN EMPLOYEES
ON OFFICIAL DUTY IN PAKISTAN.

Section 1603(a)(2) of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234; 120 Stat. 443), as amended by section 1102 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417;122 Stat. 4616), is amended by inserting ``Pakistan
or'' after ``is on official duty in''.

SEC. 1107. AUTHORITY TO EXPAND SCOPE OF PROVISIONS RELATING TO
UNREDUCED COMPENSATION FOR CERTAIN REEMPLOYED ANNUITANTS.

(a) In General.--Section 9902(h) of title 5, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Benefits similar to those provided by paragraphs (1)
and (2) may be extended, in accordance with regulations
prescribed by the President, so as to be made available with
respect to reemployed annuitants within the Department of
Defense who are subject to such other retirement systems for
Government employees as may be provided for under such
regulations.''.
(b) Conforming Amendment.--Paragraph (4) of section 9902(h) of such
title 5 (as so designated by subsection (a)(1)) is amended by striking
the period and inserting ``, excluding paragraph (3).''.

SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE STRATEGIC WORKFORCE
PLANS.

(a) Codification of Requirement for Strategic Workforce Plan.--
(1) In general.--Chapter 2 of title 10, United States Code,
is amended by adding after section 115a the following new
section:
``Sec. 115b. Annual strategic workforce plan
``(a) Annual Plan Required.--(1) The Secretary of Defense shall
submit to the congressional defense committees on an annual basis a
strategic workforce plan to shape and improve the civilian employee
workforce of the Department of Defense.
``(2) The Under Secretary of Defense for Personnel and Readiness
shall have overall responsibility for developing and implementing the
strategic workforce plan, in consultation with the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
``(b) Contents.--Each strategic workforce plan under subsection (a)
shall include, at a minimum, the following:
``(1) An assessment of--
``(A) the critical skills and competencies that
will be needed in the future within the civilian
employee workforce by the Department of Defense to
support national security requirements and effectively
manage the Department during the seven-year period
following the year in which the plan is submitted;
``(B) the appropriate mix of military, civilian,
and contractor personnel capabilities;
``(C) the critical skills and competencies of the
existing civilian employee workforce of the Department
and projected trends in that workforce based on
expected losses due to retirement and other attrition;
and
``(D) gaps in the existing or projected civilian
employee workforce of the Department that should be
addressed to ensure that the Department has continued
access to the critical skills and competencies
described in subparagraphs (A) and (C).
``(2) A plan of action for developing and reshaping the
civilian employee workforce of the Department to address the
gaps in critical skills and competencies identified under
paragraph (1)(D), including--
``(A) specific recruiting and retention goals,
especially in areas identified as critical skills and
competencies under paragraph (1), including the program
objectives of the Department to be achieved through
such goals and the funding needed to achieve such
goals;
``(B) specific strategies for developing, training,
deploying, compensating, and motivating the civilian
employee workforce of the Department, including the
program objectives of the Department to be achieved
through such strategies and the funding needed to
implement such strategies;
``(C) any incentives necessary to attract or retain
any civilian personnel possessing the skills and
competencies identified in paragraph (1);
``(D) any changes in the number of personnel
authorized in any category of personnel listed in
subsection (f)(1) or in the acquisition workforce that
may be needed to address such gaps and effectively meet
the needs of the Department;
``(E) any changes in the rates or methods of pay
for any category of personnel listed in subsection
(f)(1) or in the acquisition workforce that may be
needed to address inequities and ensure that the
Department has full access to appropriately qualified
personnel to address such gaps and meet the needs of
the Department; and
``(F) any legislative changes that may be necessary
to achieve the goals referred to in subparagraph (A).
``(3) An assessment, using results-oriented performance
measures, of the progress of the Department in implementing the
strategic workforce plan under this section during the previous
year.
``(4) Any additional matters the Secretary of Defense
considers necessary to address.
``(c) Senior Management, Functional, and Technical Workforce.--Each
strategic workforce plan under subsection (a) shall specifically
address the shaping and improvement of the senior management,
functional, and technical workforce (including scientists and
engineers) of the Department of Defense, including the requirements set
forth in subparagraphs (A) through (F) of subsection (b)(2).
``(d) Defense Acquisition Workforce.--(1) Each strategic workforce
plan under subsection (a) shall specifically address the shaping and
improvement of the defense acquisition workforce, including both
military and civilian personnel.
``(2) For purposes of paragraph (1), each plan shall specifically
address--
``(A) the requirements set forth in subparagraphs (A)
through (F) of subsection (b)(2);
``(B) a plan for funding needed improvements in the
military and civilian workforce of the Department, including--
``(i) the funding programmed for defense
acquisition workforce improvements, including a
specific identification of funding provided in the
Department of Defense Acquisition Workforce Fund
established under section 1705 of this title, along
with a description of how such funding is being
implemented and whether it is being fully used; and
``(ii) a description of any continuing shortfalls
in funding available for the acquisition workforce.
``(e) Submittals by Secretaries of the Military Departments and
Heads of the Defense Agencies.--The Secretary of Defense shall require
the Secretary of each military department and the head of each Defense
Agency to submit a report to the Secretary addressing each of the
matters described in this section. The Secretary of Defense shall
establish a deadline for the submittal of reports under this subsection
that enables the Secretary to consider the material submitted in a
timely manner and incorporate such material, as appropriate, into the
strategic workforce plan required by this section.
``(f) Definitions.--In this section:
``(1) The term `senior management, functional, and
technical workforce of the Department of Defense' includes the
following categories of Department of Defense civilian
personnel:
``(A) Appointees in the Senior Executive Service
under section 3131 of title 5.
``(B) Persons serving in positions described in
section 5376(a) of title 5.
``(C) Highly qualified experts appointed pursuant
to section 9903 of title 5.
``(D) Scientists and engineers appointed pursuant
to section 342(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721), as amended by section 1114 of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398
(114 Stat. 1654A-315)).
``(E) Scientists and engineers appointed pursuant
to section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104
note).
``(F) Persons serving in the Defense Intelligence
Senior Executive Service under section 1606 of this
title.
``(G) Persons serving in Intelligence Senior Level
positions under section 1607 of this title.
``(2) The term `acquisition workforce' includes individuals
designated under section 1721 as filling acquisition
positions.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of such title is amended by inserting
after the item relating to section 115a the following new item:

``115b. Annual strategic workforce plan.''.
(b) Comptroller General Review.--Not later than 180 days after the
date on which the Secretary of Defense submits to the congressional
defense committees an annual strategic workforce plan under section
115b of title 10, United States Code (as added by subsection (a)), in
each of 2009, 2010, 201, and 2012, the Comptroller General of the
United States shall submit to the congressional defense committees a
report on the plan so submitted.
(c) Conforming Repeals.--The following provisions are repealed:
(1) Section 1122 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10
U.S.C. note prec. 1580).
(2) Section 1102 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2407).
(3) Section 851 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10
U.S.C. note prec. 1580).

SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND REQUIREMENT FOR
ANNUAL MANPOWER REPORTING.

(a) Amendments.--Section 1111 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4619) is amended--
(1) in paragraph (1) of subsection (b), by striking
``requirements of--'' and all that follows through the end of
subparagraph (C) and inserting ``the requirements of section
115b of this title; or'';
(2) in paragraph (2) of subsection (b), by striking
``purposes described in paragraphs (1) through (4) of
subsection (c).'' and inserting the following:
``any of the following purposes:
``(A) Performance of inherently governmental
functions.
``(B) Performance of work pursuant to section 2463
of title 10, United States Code.
``(C) Ability to maintain sufficient organic
expertise and technical capability.
``(D) Performance of work that, while the position
may not exercise an inherently governmental function,
nevertheless should be performed only by officers or
employees of the Federal Government or members of the
Armed Forces because of the critical nature of the
work.''; and
(3) by striking subsections (c) and (d).
(b) Consolidated Annual Report.--
(1) Inclusion in annual defense manpower requirements
report.--Section 115a of title 10, United States Code, is
amended by inserting after subsection (e) the following new
subsection:
``(f) The Secretary shall also include in each such report the
following information with respect to personnel assigned to or
supporting major Department of Defense headquarters activities:
``(1) The military end strength and civilian full-time
equivalents assigned to major Department of Defense
headquarters activities for the preceding fiscal year and
estimates of such numbers for the current fiscal year and
subsequent fiscal years.
``(2) A summary of the replacement during the preceding
fiscal year of contract workyears providing support to major
Department of Defense headquarters activities with military end
strength or civilian full-time equivalents, including an
estimate of the number of contract workyears associated with
the replacement of contracts performing inherently governmental
or exempt functions.
``(3) The plan for the continued review of contract
personnel supporting major Department of Defense headquarters
activities for possible conversion to military or civilian
performance in accordance with section 2463 of this title.
``(4) The amount of any adjustment in the limitation on
personnel made by the Secretary of Defense or the Secretary of
a military department, and, for each adjustment made pursuant
to section 1111(b)(2) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note),
the purpose of the adjustment.''.
(2) Technical amendments to reflect name of report.--
(A) Subsection (a) of section 115a of such title is
amended by inserting ``defense'' before ``manpower
requirements report.''.
(B)(i) The heading of such section is amended to
read as follows:
``Sec. 115a. Annual defense manpower requirements report''.
(ii) The item relating to such section in
the table of sections at the beginning of
chapter 2 of such title is amended to read as
follows:

``115a. Annual defense manpower requirements report.''.
(3) Conforming repeal.--Subsections (b) and (c) of section
901 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 272; 10 U.S.C. 221 note)
are repealed.

SEC. 1110. MODIFICATION TO DEPARTMENT OF DEFENSE LABORATORY PERSONNEL
AUTHORITY.

(a) Additional Science and Technology Reinvention Laboratories.--
(1) Designation.--Each of the following is hereby
designated as a Department of Defense science and technology
reinvention laboratory (as described in section 342(b) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2721):
(A) The Tank and Automotive Research Development
and Engineering Center.
(B) The Armament Research Development and
Engineering Center.
(C) The Naval Air Warfare Center, Weapons Division.
(D) The Naval Air Warfare Center, Aircraft
Division.
(E) The Space and Naval Warfare Systems Center,
Pacific.
(F) The Space and Naval Warfare Systems Center,
Atlantic.
(2) Conversion procedures.--The Secretary of Defense shall
implement procedures to convert the civilian personnel of each
facility identified in paragraph (1) from their current
personnel system to the personnel system under an appropriate
demonstration project (as referred to in such section 342(b)).
Any conversion under this paragraph--
(A) shall not adversely affect any employee with
respect to pay or any other term or condition of
employment;
(B) shall be consistent with the terms of any
collective bargaining agreement which might apply; and
(C) shall be completed within 18 months after the
date of the enactment of this Act.
(b) Exclusion From National Security Personnel System.--
(1) In general.--Section 9902(c)(2) of title 5, United
States Code, is amended--
(A) in subparagraph (I), by striking ``and'' after
the semicolon;
(B) in subparagraph (J), by striking the period and
inserting ``; and''; and
(C) by adding after subparagraph (J) the following:
``(K) the Tank and Automotive Research Development
and Engineering Center;
``(L) the Armament Research Development and
Engineering Center;
``(M) the Naval Air Warfare Center, Weapons
Division;
``(N) the Naval Air Warfare Center, Aircraft
Division;
``(O) the Space and Naval Warfare Systems Center,
Pacific; and
``(P) the Space and Naval Warfare Systems Center,
Atlantic.''.
(2) Extension of period of exclusion.--Section 9902(c)(1)
of title 5, United States Code, is amended by striking ``2011''
each place it appears and inserting ``2014''.

SEC. 1111. PILOT PROGRAM FOR THE TEMPORARY EXCHANGE OF INFORMATION
TECHNOLOGY PERSONNEL.

(a) Assignment Authority.--The Secretary of Defense may, with the
agreement of the private sector organization concerned, arrange for the
temporary assignment of an employee to such private sector
organization, or from such private sector organization to a Department
of Defense organization under this section. An employee shall be
eligible for such an assignment only if--
(1) the employee--
(A) works in the field of information technology
management;
(B) is considered to be an exceptional employee;
(C) is expected to assume increased information
technology management responsibilities in the future;
and
(D) is compensated at not less than the GS-11 level
(or the equivalent); and
(2) the proposed assignment meets applicable requirements
of section 209(b) of the E-Government Act of 2002 (44 U.S.C.
3501 note).
(b) Agreements.--The Secretary of Defense shall provide for a
written agreement between the Department of Defense and the employee
concerned regarding the terms and conditions of the employee's
assignment under this section. The agreement--
(1) shall require that Department of Defense employees,
upon completion of the assignment, will serve in the civil
service for a period equal to the length of the assignment; and
(2) shall provide that if the Department of Defense or
private sector employee fails to carry out the agreement, such
employee shall be liable to the United States for payment of
all expenses of the assignment, unless that failure was for
good and sufficient reason (as determined by the Secretary of
Defense).
An amount for which an employee is liable under paragraph (2) shall be
treated as a debt due the United States.
(c) Termination.--An assignment under this section may, at any time
and for any reason, be terminated by the Department of Defense or the
private sector organization concerned.
(d) Duration.--An assignment under this section shall be for a
period of not less than 3 months and not more than 1 year, and may be
extended in 3-month increments for a total of not more than 1
additional year; however, no assignment under this section may commence
after September 30, 2013.
(e) Considerations.--In carrying out this section, the Secretary of
Defense--
(1) shall ensure that, of the assignments made under this
section each year, at least 20 percent are from small business
concerns (as defined by section 3703(e)(2)(A) of title 5,
United States Code); and
(2) shall take into consideration the question of how
assignments under this section might best be used to help meet
the needs of the Department of Defense with respect to the
training of employees in information technology management.
(f) Numerical Limitation.--In no event may more than 10 employees
be participating in assignments under this section as of any given
time.
(g) Reporting Requirement.--For each of fiscal years 2010 through
2015, the Secretary of Defense shall submit to the congressional
defense committees, not later than 1 month after the end of the fiscal
year involved, a report on any activities carried out under this
section during such fiscal year, including information concerning--
(1) the respective organizations (as referred to in
subsection (a)) to and from which any employee was assigned
under this section;
(2) the positions those employees held while they were so
assigned; and
(3) a description of the tasks they performed while they
were so assigned.
(h) Repeal of Superseded Section.--Section 1109 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 358) is repealed, except that--
(1) nothing in this subsection shall, in the case of any
assignment commencing under such section 1109 on or before the
date of the enactment of this Act, affect--
(A) the duration of such assignment or the
authority to extend such assignment in accordance with
subsection (d) of such section 1109, as last in effect;
or
(B) the terms or conditions of the agreement
governing such assignment, including with respect to
any service obligation under subsection (b) thereof;
and
(2) any employee whose assignment is allowed to continue by
virtue of paragraph (1) shall be taken into account for
purposes of--
(A) the numerical limitation under subsection (f);
and
(B) the reporting requirement under subsection (g).

SEC. 1112. PROVISIONS RELATING TO THE NATIONAL SECURITY PERSONNEL
SYSTEM.

(a) Definitions.--For purposes of this section--
(1) the term ``National Security Personnel System'' or
``NSPS'' refers to a human resources management system
established under authority of chapter 99 of title 5, United
States Code; and
(2) the term ``statutory pay sytem'' means a pay system
under--
(A) subchapter III of chapter 53 of title 5, United
States Code (relating to General Schedule pay rates);
(B) subchapter IV of chapter 53 of title 5, United
States Code (relating to prevailing rate systems); or
(C) such other provisions of law as would apply if
chapter 99 of title 5, United States Code, had never
been enacted.
(b) Requirement That All Appointments Made After June 16, 2009, Be
Subject to the Appropriate Statutory Pay System and Not NSPS.--
Notwithstanding any other provision of law--
(1) the National Security Personnel System--
(A) shall not apply to any individual who is not
subject to such System as of June 16, 2009; and
(B) shall not apply to any position which is not
subject to such System as of June 16, 2009; and
(2) any individual who, after June 16, 2009, is appointed
to any position within the Department of Defense shall
accordingly be subject to the statutory pay system and all
other aspects of the personnel system which would otherwise
apply (with respect to the individual or position involved) if
the National Security Personnel System had never been
established.
(c) Termination of NSPS and Conversion of Any Employees and
Positions Remaining Subject to NSPS.--
(1) In general.--The Secretary of Defense shall take all
actions which may be necessary to provide, within 12 months
after the date of enactment of this Act, for the termination of
the National Security Personnel System and for the conversion
of any employees and positions which, as of such date of
enactment, remain subject to such System, to--
(A) the statutory pay system and all other aspects
of the personnel system that last applied to such
employee or position (as the case may be) before the
National Security Personnel System applied; or
(B) if subparagraph (A) does not apply, the
statutory pay system and all other aspects of the
personnel system that would have applied if the
National Security Personnel System had never been
established.
No employee shall suffer any loss of or decrease in pay because
of the preceding sentence.
(2) Report.--If the Secretary of Defense is of the view
that the National Security Personnel System should not be
terminated in accordance with paragraph (1), the Secretary
shall submit to the President and both Houses of Congress as
soon as practicable, but in no event later than 6 months after
the date of the enactment of this Act, a written report setting
forth a statement of the Secretary's views and the reasons
therefor. Such report shall specifically include--
(A) the Secretary's opinion as to whether the
System should be continued with or without changes; and
(B) if, in the opinion of the Secretary, the System
should be continued with changes--
(i) a detailed description of the proposed
changes; and
(ii) a description of any administrative
action or legislation which may be necessary.
(d) Restoration of Full Annual Pay Adjustments Under NSPS Pending
Its Termination.--Section 9902(e)(7) of title 5, United States Code, is
amended by striking ``no less than 60 percent'' and all that follows
and inserting ``the full amount of such adjustment.''.

SEC. 1113. PROVISIONS RELATING TO THE DEFENSE CIVILIAN INTELLIGENCE
PERSONNEL SYSTEM.

(a) Definitions.--For purposes of this section--
(1) the term ``covered position'' means a defense
intelligence position in the Department of Defense established
under chapter 83 of title 10, United States Code, excluding an
Intelligence Senior Level position designated under section
1607 of such title and any position in the Defense Intelligence
Senior Executive Service;
(2) the term ``DCIPS pay system'', as used with respect to
a covered position, means the provisions of the Defense
Civilian Intelligence Personnel System under which the rate of
salary or basic pay for such position is determined, excluding
any provisions relating to bonuses, awards, or any other
amounts not in the nature of salary or basic pay;
(3) the term ``Defense Civilian Intelligence Personnel
System'' means the personnel system established under chapter
83 of title 10, United States Code; and
(4) the term ``appropriate pay system'', as used with
respect to a covered position, means--
(A) the system under which, as of September 30,
2007, the rate of salary or basic pay for such position
was determined; or
(B) if subparagraph (A) does not apply, the system
under which, as of September 30, 2007, the rate of
salary or basic pay was determined for the positions
within the Department of Defense most similar to the
position involved,
excluding any provisions relating to bonuses, awards, or any
other amounts which are not in the nature of salary or basic
pay.
(b) Requirement That Appointments to Covered Positions After June
16, 2009, Be Subject to the Appropriate Pay System.--Notwithstanding
any other provision of law--
(1) the DCIPS pay system--
(A) shall not apply to any individual holding a
covered position who is not subject to such system as
of June 16, 2009; and
(B) shall not apply to any covered position which
is not subject to such system as of June 16, 2009; and
(2) any individual who, after June 16, 2009, is appointed
to a covered position shall accordingly be subject to the
appropriate pay system.
(c) Termination of DCIPS Pay System for Covered Positions and
Conversion of Employees Holding Covered Positions to the Appropriate
Pay System.--
(1) In general.--The Secretary of Defense shall take all
actions which may be necessary to provide, within 12 months
after the date of enactment of this Act, for the termination of
the DCIPS pay system with respect to covered positions and for
the conversion of any employees holding any covered positions
which, as of such date of enactment, remain subject to the
DCIPS pay system, to the appropriate pay system. No employee
shall suffer any loss of or decrease in pay because of the
preceding sentence.
(2) Report.--If the Secretary of Defense is of the view
that the DCIPS pay system should not be terminated with respect
to covered positions, as required by paragraph (1), the
Secretary shall submit to the President and both Houses of
Congress as soon as practicable, but in no event later than 6
months after the date of the enactment of this Act, a written
report setting forth a statement of the Secretary's views and
the reasons therefor. Such report shall specifically include--
(A) the Secretary's opinion as to whether the DCIPS
pay system should be continued, with or without
changes, with respect to covered positions; and
(B) if, in the opinion of the Secretary, the DCIPS
pay system should be continued with respect to covered
positions, with changes--
(i) a detailed description of the proposed
changes; and
(ii) a description of any administrative
action or legislation which may be necessary.
The requirements of this paragraph shall be carried out by the
Secretary of Defense in conjunction with the Director of the
Office of Personnel Management.
(d) Rule of Construction.--Nothing in this section shall be
considered to affect--
(1) the provisions of the Defense Civilian Intelligence
Personnel System governing aspects of compensation apart from
salary or basic pay; or
(2) the application of such provisions with respect to a
covered position or any individual holding a covered position,
including after June 16, 2009.

SEC. 1114. SENSE OF CONGRESS ON PAY PARITY FOR FEDERAL EMPLOYEES
SERVICE AT JOINT BASE MCGUIRE/DIX/LAKEHURST.

It is the sense of Congress that for the purposes of determining
any pay for an employee serving at Joint Base McGuire/Dix/Lakehurst--
(1) the pay schedules and rates to be used shall be the
same as if such employee were serving in the pay locality, wage
area, or other area of locality (whichever would apply to
determine pay for the employees involved) that includes Ocean
County, New Jersey; and
(2) the Office of Personnel Management should develop
regulations to ensure pay parity for employees serving at Joint
Bases.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.

(a) Modification.--Subsection (b) of section 1207 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3458), as amended by section 1207(b) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4626), is further amended--
(1) by striking ``(b) Limitation.--'' and all that follows
through ``the aggregate value'' and inserting ``(b)
Limitation.--The aggregate value'';
(2) by striking ``$100,000,000'' and inserting
``$25,000,000''; and
(3) by striking paragraph (2).
(b) Extension of Authority.--Subsection (g) of such section, as
most recently amended by section 1207(c) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4626), is further amended by striking ``September 30, 2009'' and
inserting ``September 30, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2009.

SEC. 1202. INCREASE OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.

Section 1208(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2086), as amended by section 1208(a) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4626), is further amended by striking ``$35,000,000'' and
inserting ``$50,000,000''.

SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSISTANCE RELATED
PROGRAMS CARRIED OUT BY THE DEPARTMENT OF DEFENSE.

(a) Amendment.--Section 1209 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368) is
amended--
(1) in subsection (a), by striking ``180 days after the
date of the enactment of this Act'' and inserting ``February 1
of each year''; and
(2) in subsection (b)(1)--
(A) in subparagraph (G), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subparagraph:
``(I) subsection (b)(6) of section 166a of title
10, United States Code; and''.
(b) Report for Fiscal Years 2008 and 2009.--The report required to
be submitted not later than February 1, 2010, under section 1209(a) of
the National Defense Authorization Act for Fiscal Year 2008, as amended
by subsection (a), shall include information required under such
section with respect to fiscal years 2008 and 2009.

SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES AND RELATED MATTERS.

(a) Report Required.--Not later than March 1, 2010, the President
shall transmit to the congressional committees specified in subsection
(b) a report on the following:
(1) The relationship between authorities of the Department
of Defense to conduct security cooperation programs to train
and equip, or otherwise build the capacity of, foreign military
forces and security assistance authorities of the Department of
State and other foreign assistance agencies to provide
assistance to train and equip, or otherwise build the capacity
of, foreign military forces, including the distinction, if any,
between the purposes of such authorities, the processes to
generate requirements to satisfy the purposes of such
authorities, and the contribution such authorities make to the
core missions of each such department and agency.
(2) The strengths and weaknesses of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), the Arms Export Control
Act (22 U.S.C. 2171 et seq.), title 10, United States Code, and
any other provision of law relating to training and equipping,
or otherwise building the capacity of, foreign military forces,
including to conduct counterterrorist operations or participate
in or support military and stability operations in which the
United State Armed Forces are a participant.
(3) The changes, if any, that should be made to the
provisions of law described in paragraph (2) that would improve
the ability of the United States Government to train and equip,
or otherwise build the capacity of, foreign military forces,
including to conduct counterterrorist operations or participate
in or support military and stability operations in which the
United State Armed Forces are a participant.
(4) The organizational and procedural changes, if any, that
should be made in the Department of Defense and the Department
of State and other foreign assistance agencies to improve the
ability of such departments and agencies to conduct programs to
train and equip, or otherwise build the capacity of, foreign
military forces, including to conduct counterterrorist
operations or participate in or support military and stability
operations in which the United State Armed Forces are a
participant.
(5) The resources and funding mechanisms required to ensure
adequate funding for such programs.
(b) Specified Congressional Committees.--The congressional
committees specified in this subsection are the following:
(1) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.

Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.

No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.

SEC. 1212. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM.

(a) Authority for Fiscal Year 2010.--Subsection (a) of section 1202
of the National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3455), as most recently amended by section 1214
of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4360), is further amended--
(1) in the heading, by striking ``Fiscal Years 2008 and
2009'' and inserting ``Fiscal Year 2010''; and
(2) in the matter preceding paragraph (1)--
(A) by striking ``each of fiscal years 2008 and
2009'' and inserting ``fiscal year 2010''; and
(B) by striking ``$1,700,000,000 in fiscal year
2008 and $1,500,000,000 in fiscal year 2009'' and
inserting ``$1,300,000,000 in fiscal year 2010''.
(b) Quarterly Reports.--Subsection (b) of such section is amended
by striking ``fiscal years 2008 and 2009'' and inserting ``fiscal year
2010''.

SEC. 1213. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT
PROVIDED TO UNITED STATES MILITARY OPERATIONS.

(a) Authority.--From funds made available for the Department of
Defense by section 1510 for operation and maintenance, Defense-wide
activities, the Secretary of Defense may reimburse any key cooperating
nation for logistical and military support provided by that nation to
or in connection with United States military operations in Operation
Iraqi Freedom or Operation Enduring Freedom.
(b) Amounts of Reimbursement.--Reimbursement authorized by
subsection (a) may be made in such amounts as the Secretary of Defense,
with the concurrence of the Secretary of State and in consultation with
the Director of the Office of Management and Budget, may determine,
based on documentation determined by the Secretary of Defense to
adequately account for the support provided.
(c) Limitations.--
(1) Limitation on amount.--The total amount of
reimbursements made under the authority in subsection (a)
during fiscal year 2010 may not exceed $1,600,000,000.
(2) Prohibition on contractual obligations to make
payments.--The Secretary of Defense may not enter into any
contractual obligation to make a reimbursement under the
authority in subsection (a).
(d) Notice to Congress.--The Secretary of Defense shall notify the
appropriate congressional committees not less than 15 days before
making any reimbursement under the authority in subsection (a). In the
case of any reimbursement to Pakistan under the authority in subsection
(a), such notification shall be made in accordance with the
notification requirements under section 1232(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
392).
(e) Quarterly Reports.--The Secretary of Defense shall submit to
the appropriate congressional committees on a quarterly basis a report
on any reimbursements made under the authority in subsection (a) during
such quarter.
(f) Extension of Notification Requirement Relating to Department of
Defense Coalition Support Funds for Pakistan.--Section 1232(b)(6) of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 393), as amended by section 1217(d) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4635), is further amended by striking
``September 30, 2010'' and inserting ``September 30, 2011''.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.

SEC. 1214. PAKISTAN COUNTERINSURGENCY FUND.

(a) Amounts in Fund.--The Pakistan Counterinsurgency Fund (in this
section referred to as the ``Fund'') shall consist of the following:
(1) Amounts appropriated to the Fund for fiscal year 2009.
(2) Amounts transferred to the Fund pursuant to subsection
(d).
(b) Use of Funds.--
(1) In general.--Amounts in the Fund shall be made
available to the Secretary of Defense, with the concurrence of
the Secretary of State, to provide assistance to the security
forces of Pakistan (including program management and the
provision of equipment, supplies, services, training, facility
and infrastructure repair, renovation, and construction) to
improve the counterinsurgency capability of Pakistan's security
forces (including Pakistan's military, Frontier Corps, and
other security forces), and of which not more than $2,000,000
may be made available to provide humanitarian assistance to the
people of Pakistan only as part of civil-military training
exercises for Pakistan's security forces receiving assistance
under the Fund.
(2) Relation to other authorities.--Except as otherwise
provided in section 1215 of this Act (relating to the program
to provide for the registration and end-use monitoring of
defense articles and defense services transferred to
Afghanistan and Pakistan), amounts in the Fund are authorized
to be made available notwithstanding any other provision of
law. The authority to provide assistance under this subsection
is in addition to any other authority to provide assistance to
foreign countries.
(c) Transfers From Fund.--
(1) In general.--The Secretary of Defense may transfer such
amounts as the Secretary determines to be appropriate from the
Fund--
(A) to any account available to the Department of
Defense, or
(B) with the concurrence of the Secretary of State
and head of the relevant Federal department or agency,
to any other non-intelligence related Federal account,
for purposes consistent with this section.
(2) Treatment of transferred funds.--Amounts transferred to
an account under the authority of paragraph (1) shall be merged
with amounts in such account and shall be made available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such account.
(3) Transfers back to fund.--Upon a determination by the
Secretary of Defense with respect to funds transferred under
paragraph (1)(A), or the head of the other Federal department
or agency with the concurrence of the Secretary of State with
respect to funds transferred under paragraph (1)(B), that all
or part of amounts transferred from the Fund under paragraph
(1) are not necessary for the purpose provided, such amounts
may be transferred back to the Fund and shall be made available
for the same purposes, and subject to the same conditions and
limitations, as originally applicable under subsection (b).
(d) Transfers to Fund.--
(1) In general.--The Fund may include amounts transferred
by the Secretary of State, with the concurrence of the
Secretary of Defense, under any authority of the Secretary of
State to transfer funds under any provision of law.
(2) Treatment of transferred funds.--Amounts transferred to
the Fund under the authority of paragraph (1) shall be merged
with amounts in the Fund and shall be made available for the
same purposes, and subject to the same conditions and
limitations, as amounts in the Fund.
(e) Congressional Notification.--
(1) In general.--Amounts in the Fund may not be obligated
or transferred from the Fund under this section until 15 days
after the date on which the Secretary of Defense notifies the
appropriate congressional committees in writing of the details
of the proposed obligation or transfer.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate.
(f) Sunset.--
(1) In general.--Except as provided in paragraph (2), the
authority provided under this section terminates at the close
of September 30, 2010.
(2) Exception.--Any program supported from amounts in the
Fund established before the close of September 30, 2010, may be
completed after that date but only using amounts appropriated
or transferred to the Fund on or before that date.

SEC. 1215. PROGRAM TO PROVIDE FOR THE REGISTRATION AND END-USE
MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES
TRANSFERRED TO AFGHANISTAN AND PAKISTAN.

(a) Program Required.--
(1) In general.--The Secretary of Defense shall establish
and carry out a program to provide for the registration and
end-use monitoring of defense articles and defense services
transferred to Afghanistan and Pakistan in accordance with the
requirements under subsection (b) and to prohibit the
retransfer of such defense articles and defense services
without the consent of the United States. The program required
under this subsection shall be limited to the transfer of
defense articles and defense services--
(A) pursuant to authorities other than the Arms
Export Control Act or the Foreign Assistance Act of
1961; and
(B) using funds made available to the Department of
Defense, including funds available pursuant to the
Pakistan Counterinsurgency Fund.
(2) Prohibition.--No defense articles or defense services
that would be subject to the program required under this
subsection may be transferred to--
(A) the Government of Afghanistan or any other
group, organization, citizen, or resident of
Afghanistan, or
(B) the Government of Pakistan or any other group,
organization, citizen, or resident of Pakistan,
until the Secretary of Defense certifies to the specified
congressional committees that the program required under this
subsection has been established.
(b) Registration and End-use Monitoring Requirements.--The
registration and end-use monitoring requirements under this subsection
shall include the following:
(1) A detailed record of the origin, shipping, and
distribution of defense articles and defense services
transferred to--
(A) the Government of Afghanistan and other groups,
organizations, citizens, and residents of Afghanistan;
and
(B) the Government of Pakistan and other groups,
organizations, citizens, and residents of Pakistan.
(2) A program of end-use monitoring of lethal defense
articles and defense services transferred to the entities and
individuals described in subparagraphs (A) and (B) of paragraph
(1).
(c) Review; Exemption.--
(1) Review.--The Secretary of Defense shall periodically
review the defense articles and defense services subject to the
registration and end-use monitoring requirements under
subsection (b) to determine which defense articles and defense
services, if any, should no longer be subject to such
registration and monitoring requirements. The Secretary of
Defense shall submit to the specified congressional committees
the results of each review conducted under this paragraph.
(2) Exemption.--The Secretary of Defense may exempt a
defense article or defense service from the registration and
end-use monitoring requirements under subsection (b) beginning
on the date that is 30 days after the date on which the
Secretary provides notice of the proposed exemption to the
specified congressional committees. Such notice shall describe
any controls to be imposed on such defense article or defense
service, as the case may be, under any other provision of law.
(d) Definitions.--In this section:
(1) Defense article.--The term ``defense article''--
(A) includes--
(i) any weapon, including a small arm (as
defined in paragraph (3)), weapons system,
munition, aircraft, vessel, boat or other
implement of war;
(ii) any property, installation, commodity,
material, equipment, supply, or goods used for
the purposes of furnishing military assistance;
(iii) any machinery, facility, tool,
material supply, or other item necessary for
the manufacture, production, processing repair,
servicing, storage, construction,
transportation, operation, or use of any
article listed in this paragraph; or
(iv) any component or part of any article
listed in this paragraph; but
(B) does not include merchant vessels or, as
defined by the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.), source material (except uranium depleted
in the isotope 235 which is incorporated in defense
articles solely to take advantage of high density or
pyrophoric characteristics unrelated to radioactivity),
by-product material, special nuclear material,
production facilities, utilization facilities, or
atomic weapons or articles involving Restricted Data.
(2) Defense service.--The term ``defense service'' includes
any service, test, inspection, repair, publication, or
technical or other assistance or defense information used for
the purposes of furnishing military assistance, but does not
include military educational and training activities under
chapter 5 of part II of the Foreign Assistance Act of 1961.
(3) Small arm.--The term ``small arm'' means--
(A) a handgun or pistol;
(B) a shoulder-fired weapon, including a sub-
carbine, carbine, or rifle;
(C) a light, medium, or heavy automatic weapon up
to and including a .50 caliber machine gun;
(D) a recoilless rifle up to and including 106mm;
(E) a mortar up to and including 81mm;
(F) a rocket launcher, man-portable;
(G) a grenade launcher, rifle and shoulder fired;
and
(H) an individually-operated weapon which is
portable or can be fired without special mounts or
firing devices and which has potential use in civil
disturbances and is vulnerable to theft.
(4) Specified congressional committees.--The term
``specified congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect 180 days after the date of the
enactment of this Act.
(2) Exception.--The Secretary of Defense may delay the
effective date of this section by an additional period of up to
90 days if the Secretary certifies in writing to the specified
congressional committees for such additional period that it is
in the vital interest of the United States to do so and
includes in the certification a description of such vital
interest.

SEC. 1216. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND AFGHANISTAN.

(a) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees separate reports
containing assessments of the extent to which the campaign plan for
Iraq and the campaign plan for Afghanistan each adhere to military
doctrine (as defined in the Department of Defense's Joint Publication
5-0, Joint Operation Planning), including the elements set forth in
subsection (b).
(b) Matters to Be Assessed.--The matters to be included in the
assessments required under subsection (a) are as follows:
(1) The extent to which each campaign plan identifies and
prioritizes the conditions that must be achieved in each phase
of the campaign.
(2) The extent to which each campaign plan reports the
number of combat brigade teams and other forces required for
each campaign phase.
(3) The extent to which each campaign plan estimates the
time needed to reach the desired end state and complete the
military portion of the campaign.
(c) Update of Report.--The Comptroller General shall submit to the
congressional defense committees an update of the report on the
campaign plan for Iraq or the campaign plan for Afghanistan required
under subsection (a) whenever the campaign plan for Iraq or the
campaign plan for Afghanistan, as the case may be, is substantially
updated or altered.
(d) Exception.--If the Comptroller General determines that a report
submitted to Congress by the Comptroller General before the date of the
enactment of this Act substantially meets the requirements of
subsection (a) for the submission of a report on the campaign plan for
Iraq or the campaign plan for Afghanistan, the Comptroller General
shall so notify the congressional defense committees in writing, but
shall provide an update of the report as required under subsection (c).
(e) Termination.--
(1) Reports on iraq.--The requirement to submit updates of
reports on the campaign plan for Iraq under subsection (c)
shall terminate on December 31, 2011.
(2) Reports on afghanistan.--The requirement to submit
updates of reports on the campaign plan for Afghanistan under
subsection (c) shall terminate on September 30, 2012.

SEC. 1217. REQUIRED ASSESSMENTS OF UNITED STATES EFFORTS IN
AFGHANISTAN.

(a) Assessments Required.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter, the
President shall conduct an assessment, which shall be not more than 30
days in duration, of the progress toward defeating al Qa'ida and its
affiliated networks and extremist allies and preventing the
establishment of safe havens in Afghanistan for al Qa'ida and its
affiliated networks and extremist allies.
(b) Areas to Be Assessed.--In carrying out subsection (a), the
President should assess progress in the following areas:
(1) Ending the ability of the Taliban, al Qa'ida, and other
anti-government elements--
(A) to establish control over the population of
Afghanistan or regions of Afghanistan;
(B) to establish safe havens in Afghanistan; and
(C) to conduct attacks inside or outside
Afghanistan.
(2) Spreading legitimate and functional governance.
(3) Spreading the rule of law.
(4) Improving the legal economy of Afghanistan.
(5) Other areas the President determines to be important.
(c) Requirement to Develop Goals and Timelines.--For each area
required to be assessed under subsection (b), the President, in
consultation with the Government of Afghanistan and the governments of
other countries the President determines to be necessary, shall
establish goals for each area and timelines for meeting such goals.
(d) Metrics.--The President shall develop metrics that allows for
the accurate and thorough assessment of progress toward each goal and
along each timeline required under subsection (c).
(e) Report Required.--
(1) In general.--Not later than 30 days after the
completion of each assessment required under subsection (a),
the President shall transmit to Congress a report on the
assessment.
(2) Elements.--The report required under paragraph (1)
should include, at a minimum, the following elements:
(A) The results of the assessment of--
(i) the progress of the government and
people of Afghanistan, with the assistance of
the international community, in each area
required to be assessed under subsection (b);
and
(ii) the effectiveness of United States
efforts to assist the government and people of
Afghanistan to make progress in each area
required to be assessed under subsection (b).
(B) A description of the goals and timelines for
meeting such goals required under subsection (c).
(C) A description of the metrics required to be
developed under subsection (d) and how such metrics
were used to assess progress in each area required to
be assessed under subsection (b).
(3) Form.--The report required under paragraph (1) shall be
transmitted in unclassified form, but may contain a classified
annex if necessary.
(f) Sunset.--The requirement to conduct assessments under
subsection (a) shall not apply beginning on the date that is 5 years
after the date of the enactment of this Act.

SEC. 1218. REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED STATES ARMED
FORCES FROM IRAQ.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, or December 31, 2009, whichever occurs later,
and every 90 days thereafter, the Secretary of Defense shall submit to
the appropriate congressional committees a report concerning the
responsible redeployment of United States Armed Forces from Iraq in
accordance with the policy announced by the President on February 27,
2009, and the Agreement Between the United States of America and the
Republic of Iraq On the Withdrawal of United States Forces From Iraq
and the Organization of Their Activities During Their Temporary
Presence in Iraq.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) The number of United States military personnel in Iraq
by service and component for each month of the preceding 90-day
period and an estimate of the personnel levels in Iraq for the
90-day period following submission of the report.
(2) The number and type of military installations in Iraq
occupied by 100 or more United States military personnel and
the number of such military installations closed, consolidated,
or transferred to the Government of Iraq in the preceding 90-
day period.
(3) An estimate of the number of military vehicles,
containers of equipment, tons of ammunition, or other
significant items belonging to the Department of Defense
removed from Iraq during the preceding 90-day period, an
estimate of the remaining amount of such items belonging to the
Department of Defense, and an assessment of the likelihood of
successfully removing, demilitarizing, or otherwise
transferring all items belonging to the Department of Defense
from Iraq on or before December 31, 2011.
(4) An assessment of United States detainee operations and
releases. Such assessment should include the total number of
detainees held by the United States in Iraq, the number of
detainees in each threat level category, the number of
detainees who are not nationals of Iraq, the number of
detainees transferred to Iraqi authorities, the number of
detainees who were released from United States custody and the
reasons for their release, and the number of detainees who
having been released in the past were recaptured or had their
remains identified planning or after carrying out attacks on
United States or Coalition forces.
(5) A listing of the objective and subjective factors
utilized by the commander of Multi-National Force-Iraq,
including any changes to that list in the case of an update to
the report, to determine risk levels associated with the
drawdown of United States Armed Forces, and the process and
timing that will be utilized by the commander of Multi-National
Force-Iraq and the Secretary of Defense to assess risk and make
recommendations to the President about either continuing the
redeployment of United States Armed Forces from Iraq in
accordance with the schedule announced by the President or
modifying the pace or timing of that redeployment.
(c) Inclusion in Other Reports.--The report required under
subsection (a) and any updates to the report may be included in any
other required report on Iraq submitted to Congress by the Secretary of
Defense.
(d) Form.--The report required under subsection (a), whether or not
included in another report on Iraq submitted to Congress by the
Secretary of Defense, may include a classified annex.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House
of Representatives.

SEC. 1219. REPORT ON AFGHAN PUBLIC PROTECTION PROGRAM.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the Afghan Public
Protection Program (in this section referred to as the ``program'').
(b) Matters to Be Included.--The report required under subsection
(a) shall include the following elements:
(1) An assessment of the program in the initial pilot
districts in Afghanistan, including, at a minimum, the
following elements:
(A) An evaluation of the changes in security
conditions in the initial pilot districts from the
program's inception to the date of the report.
(B) The extent to which the forces developed under
the program in the initial pilot districts are
generally representative of the ethnic groups in the
respective districts.
(C) If the forces developed under the program are
appropriately representative of the geographic area of
responsibility.
(D) An assessment of the views of the local
communities, to include both Afghan national,
provincial, and district governmental officials and
leaders of the local communities, of the successes and
failures of the program.
(E) Any formal reviews of the program that are
planned for the future and the timelines on which the
reviews would be conducted, by whom the reviews would
be conducted, and the criteria that would be used.
(F) The selection criteria that were used to select
members of the program in the initial pilot districts
and how the members were vetted.
(G) The costs to the Department of Defense to
support the program in the initial pilot districts, to
include any Commanders' Emergency Response Program
funds spent as formal or informal incentives.
(H) The roles of the Afghanistan National Security
Forces (ANSF) in supporting and training forces under
the program.
(I) Any other criteria used to evaluate the program
in the initial pilot districts by the Commander of
United States Forces-Afghanistan.
(2) An assessment of the future of the program, including,
at a minimum, the following elements:
(A) A description of the goals and objectives
expected to be met by the expansion of the program.
(B) A description of how such an expansion supports
the functions of the Afghan National Police.
(C) A description of how the decision will be made
whether to expand the program outside the initial pilot
districts and the criteria that will be used to make
that decision.
(D) A description of how districts or provinces
outside of the initial pilot districts will be chosen
to participate in the program, including an explanation
of the following:
(i) What mechanisms the Government of
Afghanistan will use to select additional
districts or provinces, including participants
in the decision process and the criteria used.
(ii) How the views of relevant United
States Government departments and agencies will
be taken into account by the Government of
Afghanistan when choosing districts or
provinces to participate in the program.
(iii) How the views of other North Atlantic
Treaty Organization (NATO) International
Security Assistance Force (ISAF) Coalition
partners will be taken into account during the
decision process.
(iv) What process will be used to evaluate
any changes to the program as executed in the
initial pilot districts to account for
different or unique circumstances in additional
areas of expansion.
(E) An assessment of personnel or assets of the
Department of Defense that would likely be required to
support any expansion of the program, including a
description of the following:
(i) Any requirement for personnel to train
or mentor additional forces developed under the
program or to train additional members of the
ANSF to train forces under the program.
(ii) Any Department of Defense funding that
would be provided to support additional forces
under the program.
(iii) Any assistance that would reasonably
be required to assist the Government of
Afghanistan manage any additional forces
developed under the program.
(F) A description of the formal process, led by the
Government of Afghanistan, that will be used to
evaluate the program, including a description of the
following:
(i) A listing of the criteria that are
expected to be considered in the process.
(ii) The roles in the process of--
(I) the Government of Afghanistan;
(II) relevant United States
Government departments and agencies;
(III) NATO-ISAF Coalition partners;
(IV) nongovernmental
representatives of the people of
Afghanistan; and
(V) any other appropriate
individuals and entities.
(G) If members of the forces developed under the
program will be transitioned to the ANSF or to other
employment in the future, a description of--
(i) the process that will be used to
transition the forces;
(ii) additional training that may be
required;
(iii) how decisions will be made to
transition the forces to the ANSF or other
employment; and
(iv) any other relevant information.
(H) The Afghan chain of command that will be used
to implement the program and provide command and
control over the units created by the program.

SEC. 1220. UPDATES OF REPORT ON COMMAND AND CONTROL STRUCTURE FOR
MILITARY FORCES OPERATING IN AFGHANISTAN.

Section 1216(d) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634) is
amended by adding at the end the following new sentence: ``Any update
of the report required under subsection (c) may be included in the
report required under section 1230 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
385).''.

SEC. 1221. REPORT ON PAYMENTS MADE BY UNITED STATES ARMED FORCES TO
RESIDENTS OF AFGHANISTAN AS COMPENSATION FOR LOSSES
CAUSED BY UNITED STATES MILITARY OPERATIONS.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
on payments made by United States Armed Forces to residents of
Afghanistan as compensation for losses caused by United States military
operations.
(b) Matters to Be Included.--The report required under subsection
(a) shall include--
(1) the total amount of funds provided for losses caused by
United States military operations;
(2) a breakdown of the number of payments by type, to
include--
(A) compensation for the death of a noncombatant
Afghan resident;
(B) compensation for the injury of a noncombatant
Afghan resident;
(C) compensation for property damage caused during
combat operations or noncombat operations; and
(D) any other category for which compensation was
paid by United States Armed Forces; and
(3) the average amount of compensation for each type of
payment described in paragraph (2).
(c) Scope of Report.--The initial report required under subsection
(a) shall include the information required under subsection (b) for the
5-year period ending on the date of submission of the initial report
and each update of the report required under subsection (a) shall
include the information required under subsection (b) for the period
since the submission of last report.
(d) Termination.--The requirement to submit reports under
subsection (a) shall terminate on September 30, 2012.

SEC. 1222. ASSESSMENT AND REPORT ON UNITED STATES-PAKISTAN MILITARY
RELATIONS AND COOPERATION.

(a) Assessment Required.--The Secretary of Defense, in consultation
with the Secretary of State, shall conduct an assessment of possible
alternatives to reimbursements to Pakistan for logistical, military, or
other support provided by Pakistan to or in connection with United
States military operations, which could encourage the Pakistani
military to undertake counterterrorism and counterinsurgency operations
and achieve the goals and objectives for long-term United States-
Pakistan military relations and cooperation.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the assessment
required under subsection (a).
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex if
necessary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.

SEC. 1223. REQUIRED ASSESSMENTS OF PROGRESS TOWARD SECURITY AND
STABILITY IN PAKISTAN.

(a) Assessments Required.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter, the
President shall conduct an assessment, which shall be not more than 30
days in duration, of the progress toward long-term security and
stability in Pakistan.
(b) Areas to Be Assessed.--In carrying out subsection (a), the
President should assess--
(1) the effectiveness of efforts--
(A) to disrupt, dismantle, and defeat al Qa'ida,
its affiliated networks, and other extremist forces in
Pakistan;
(B) to eliminate the safe havens for such forces in
Pakistan; and
(C) to prevent the return of such forces to
Pakistan or Afghanistan; and
(2) the effectiveness of United States security assistance
to Pakistan to achieve the strategic goal described in
paragraph (1).
(c) Requirement to Develop Goals and Objectives and Timelines.--For
any area assessed under subsection (b), the President, in consultation
with the Government of Pakistan and the governments of other countries
the President determines to be necessary, shall establish goals and
objectives and timelines for meeting such goals and objectives.
(d) Requirement to Develop Metrics.--The President shall develop
metrics that allow for the accurate and thorough assessment of progress
toward each goal and objective and along each timeline required under
subsection (c).
(e) Report Required.--
(1) In general.--Not later than 30 days after the
completion of each assessment required under subsection (a),
the President shall transmit to Congress a report on the
assessment.
(2) Elements.--The report required under paragraph (1)
should include, at a minimum, the following elements:
(A) The results of the assessment required under
subsection (a).
(B) A description of the goals and objectives and
timelines for meeting such goals and objectives
required under subsection (c).
(C) A description of the metrics required to be
developed under subsection (d) and how such metrics
were used to assess progress in each area required to
be assessed under subsection (b).
(3) Form.--The report required under paragraph (1) shall be
transmitted in unclassified form, but may contain a classified
annex if necessary.
(f) Sunset.--The requirement to conduct assessments under
subsection (a) shall not apply beginning on the date that is 5 years
after the date of the enactment of this Act.

SEC. 1224. REPEAL OF GAO WAR-RELATED REPORTING REQUIREMENT.

Section 1221(c) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3462) is amended by
striking the following: ``Based on these reports, the Comptroller
General shall provide to Congress quarterly updates on the costs of
Operation Iraqi Freedom and Operation Enduring Freedom.''.

SEC. 1225. PLAN TO GOVERN THE DISPOSITION OF SPECIFIED DEFENSE ITEMS IN
IRAQ.

(a) Plan Required.--The Secretary of Defense shall prepare a plan
to govern the disposition of specified defense items in Iraq.
(b) Elements of Plan.--The plan required under subsection (a)
shall, at a minimum, address the following elements:
(1) The identification of an individual, position, or
office that will be responsible for making recommendations to
the Secretary of Defense regarding the disposition of specified
defense items in Iraq.
(2) A mechanism for conducting a thorough inventory of
specified defense items in Iraq owned by the Department of
Defense, including specified defense items in Iraq that are
operated by contractors.
(3) A mechanism for soliciting input regarding potential
requirements for specified defense items in Iraq. Such
potential requirements may include--
(A) use in other overseas contingency operations
involving the Armed Forces;
(B) use to reset the Armed Forces;
(C) use by other United States combatant commanders
to enhance their capability to carry out missions in
their respective combatant commands;
(D) use to refill prepositioned stocks;
(E) transfer to the security forces of Iraq or
Afghanistan; and
(F) use by other Federal departments and agencies
or political subdivisions of the United States.
(4) A mechanism for identifying specified defense items in
Iraq that are not economically viable to remove from Iraq or
which are not needed to meet other requirements, and for
soliciting and evaluating proposals for the disposition of
those items.
(5) A mechanism for ensuring that the views and inputs, as
may be required by law, of other Federal departments and
agencies are taken into account.
(c) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees a report outlining the plan required
under subsection (a) and including the elements required under
subsection (b). The report shall further include an assessment of
current authorities for the disposition of equipment and
recommendations about changes to such authorities that the Secretary
determines to be necessary. The report required under this subsection
shall be submitted not later than the date of submission to Congress of
the President's budget for fiscal year 2011 pursuant to section 1105(a)
of title 31, United States Code.
(d) Review by the Comptroller General.--Not later than 60 days
after the date of submission of the report required under subsection
(c), the Comptroller General of the United States shall submit to the
congressional defense committees a review of the plan required under
subsection (a) and the recommendations of the Secretary of Defense
contained in the report required under subsection (c).
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the transfer of specified defense items in Iraq
to any entity outside the Department of Defense except pursuant to
relevant laws currently in force.
(f) Specified Defense Items in Iraq Defined.--In this section, the
term ``specified defense items in Iraq'' includes major end items and
tactical equipment items owned by the Department of Defense that are
present in Iraq as of the date of enactment of this Act and are no
longer required to support United States military operations in Iraq.

SEC. 1226. CIVILIAN MINISTRY OF DEFENSE ADVISOR PROGRAM.

(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, may provide civilian advisors to senior
civilian and military officials of the Governments of Iraq and
Afghanistan for the purpose of providing institutional, ministerial-
level advice and other training to such officials in support of
stabilization efforts and United States military operations in those
countries.
(b) Formulation of Advice and Training Program.--The Secretary of
Defense and the Secretary of State shall jointly formulate any program
to provide advice and training under subsection (a).
(c) Limitation.--The Secretary of Defense may not expend more than
$13,100,000 for any fiscal year in carrying out any program in Iraq and
Afghanistan as described in subsection (a).
(d) Additional Authority.--The authority to provide assistance
under this section is in addition to any other authority to provide
assistance to foreign nations or forces.
(e) Termination of Authority.--The authority to provide assistance
under this section terminates at the close of September 30, 2010.

SEC. 1227. REPORT ON THE STATUS OF INTERAGENCY COORDINATION IN THE
AFGHANISTAN AND OPERATION ENDURING FREEDOM THEATER OF
OPERATIONS.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Defense and the Secretary of State shall submit to the appropriate
congressional committees a report on the status of interagency
coordination in the Afghanistan and Operation Enduring Freedom theater
of operations.
(b) Matters to Be Included.--The report required under subsection
(a) shall include a description of the following:
(1) The staffing structure of United States-led Provincial
Reconstruction Teams (PRTs) in Afghanistan, including the roles
of members of the Armed Forces, the roles of non-Armed Forces
personnel, and unfilled staffing, training, and resource needs.
(2) The use of members of the Armed Forces for
reconstruction, development, and capacity building programs
outside the jurisdiction of the Department of Defense.
(3) Coordination between United States-led and NATO ISAF-
led programs to develop the capacity of national, provincial,
and local government and other civil institutions as well as
reconstruction and development activities in Afghanistan.
(4) Unfilled staffing and resource requirements for
reconstruction, development, and civil institution capacity
building programs.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1228. SENSE OF CONGRESS SUPPORTING UNITED STATES POLICY FOR
AFGHANISTAN.

It is the sense of Congress that--
(1) Afghanistan is a central front in the global struggle
against al Qa'ida and its affiliated networks;
(2) the United States has a vital national security
interest in ensuring that Afghanistan does not revert back to
its pre-September 11, 2001, status and become a sanctuary for
trans-national terrorists;
(3) the President outlined a strategy for Afghanistan and
Pakistan on March 27, 2009, that is rightly focused on
disrupting, dismantling, and defeating al Qa'ida and its
affiliated networks and their safe havens;
(4) the implementation of the President's strategy requires
a long-term, integrated civilian-military counterinsurgency
strategy and a sustained, substantial commitment of military
resources to Afghanistan;
(5) as part of such an effort, the President should
continue to provide United States military commanders with the
forces requested to conduct combat operations and to train and
mentor Afghan security forces; and
(6) in support of the President's strategy, Congress should
ensure that United States military commanders in Afghanistan
have the necessary funding and resources to succeed.

SEC. 1229. ANALYSIS OF REQUIRED FORCE LEVELS AND TYPES OF FORCES NEEDED
TO SECURE SOUTHERN AND EASTERN REGIONS OF AFGHANISTAN.

(a) Study Required.--At the request of the Commander of United
States Forces for Afghanistan (USFOR-A), the Secretary of Defense shall
enter into a contract with a Federally Funded Research Development
Center (FFRDC) to provide analysis and support to the commander to
assist with analyzing the required force levels and types of forces
needed to secure the southern and eastern regions of Afghanistan in an
effort to provide a space for the government of Afghanistan to
establish effective government control and provide the Afghan security
forces with the required training and mentoring.
(b) Funding.--Of the amount authorized to be appropriated for
Defense-wide operation and maintenance in section 301(5), $3,000,000
may be used to carry out subsection (a).

SEC. 1230. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND
STABILITY IN AFGHANISTAN.

(a) Matters to Be Included: Strategic Direction of United States
Activities Relating to Security and Stability in Afghanistan.--
Subsection (c) of section 1230 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385) is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) The specific substance of any existing formal
or informal agreement with NATO ISAF countries
regarding the following:
``(i) Mutually agreed upon goals.
``(ii) Strategies to achieve such goals,
including strategies identified in `The
Comprehensive Political Military Strategic
Plan' agreed to by the Heads of State and
Government from Allied and other troop-
contributing nations.
``(iii) Resource and force requirements,
including the requirements as determined by
NATO military authorities in the agreed
`Combined Joint Statement of Requirements'
(CJSOR).
``(iv) Commitments and pledges of support
regarding troops and resource levels.'';
(2) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Non-nato isaf troop-contributing countries.--A
description of the specific substance of any existing formal or
informal agreement with non-NATO ISAF troop-contributing
countries regarding the following:
``(A) Mutually agreed upon goals.
``(B) Strategies to achieve such goals.
``(C) Resource and force requirements.
``(D) Commitments and pledges of support regarding
troops and resource levels.''.
(b) Matters to Be Included: Performance Indicators and Measures of
Progress Toward Sustainable Long-term Security and Stability in
Afghanistan.--Subsection (d)(2) of such section is amended--
(1) in subparagraph (A)--
(A) by striking ``individual NATO ISAF countries''
and inserting ``each individual NATO ISAF country'';
and
(B) by inserting ``estimated in the most recent
NATO ISAF Troops Placemat'' after ``, including levels
of troops and equipment'';
(2) by redesignating subparagraphs (C) through (K) as
subparagraphs (D) through (L), respectively;
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) With respect to non-NATO ISAF troop-
contributing countries, a listing of contributions from
each individual country, including levels of troops and
equipment, the effect of contributions on operations,
and unfulfilled commitments.''; and
(4) in subparagraph (I) (as redesignated)--
(A) by redesignating clause (ii) as clause (iii);
and
(B) by inserting after clause (i) the following:
``(ii) The location, funding, staffing
requirements, current staffing levels, and
activities of each Provincial Reconstruction
Team led by a nation other than the United
States.''.
(c) Conforming Amendment.--Subsection (d)(2) of such section, as
amended, is further amended in subparagraph (J) (as redesignated) by
striking ``subsection (c)(4)'' and inserting ``subsection (c)(5)''.

SEC. 1230A. NO PERMANENT MILITARY BASES IN AFGHANISTAN.

None of the funds authorized to be appropriated by this Act or
otherwise made available by this or any other Act shall be obligated or
expended by the United States Government to establish any military
installation or base for the purpose of providing for the permanent
stationing of United States Armed Forces in Afghanistan.

Subtitle C--Other Matters

SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION CENTER.

(a) Authorization.--Of the amounts authorized to be appropriated
for fiscal year 2010 pursuant to section 301(1) for operation and
maintenance for the Army, to be derived from amounts made available for
support of North Atlantic Treaty Organization (hereinafter in this
section referred to as ``NATO'') operations, the Secretary of Defense
is authorized to use up to $30,000,000 for the purposes set forth in
subsection (b).
(b) Purposes.--The Secretary shall provide funds for the NATO
Special Operations Coordination Center (hereinafter in this section
referred to as the ``NSCC'') to--
(1) improve coordination and cooperation between the
special operations forces of NATO nations;
(2) facilitate joint operations by the special operations
forces of NATO nations;
(3) support special operations forces peculiar command,
control, and communications capabilities;
(4) promote special operations forces intelligence and
informational requirements within the NATO structure; and
(5) promote interoperability through the development of
common equipment standards, tactics, techniques, and
procedures, and through execution of a multinational education
and training program.
(c) Certification.--Not less than 180 days after the date of
enactment of this Act, the Secretary shall certify to the Committees on
Armed Services of the Senate and House of Representatives that the
Secretary of Defense has assigned executive agent responsibility for
the NSCC to an appropriate organization within the Department of
Defense, and detail the steps being undertaken by the Department of
Defense to strengthen the role of the NSCC in fostering special
operations capabilities within NATO.

SEC. 1232. ANNUAL REPORT ON MILITARY POWER OF THE ISLAMIC REPUBLIC OF
IRAN.

(a) Annual Report.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the appropriate congressional
committees a report, in both classified and unclassified form, on the
current and future military strategy of the Islamic Republic of Iran.
The report shall address the current and probable future course of
military developments on Iran's Army, Air Force, Navy and the Iranian
Revolutionary Guard Corps, and the tenets and probable development of
Iran's grand strategy, security strategy, and military strategy, and of
military organizations and operational concepts.
(b) Matters to Be Included.--The report required under subsection
(a) shall include at least the following elements:
(1) As assessment of Iranian grand strategy, security
strategy, and military strategy, including the following:
(A) The goals of Iran's grand strategy, security
strategy, and military strategy.
(B) Trends in Iran's strategy that would be
designed to establish Iran as the leading power in the
Middle East and to enhance the influence of Iran in
other regions of the world.
(C) The security situation in the Persian Gulf and
the Levant.
(D) Iranian strategy regarding other countries in
the region, including Israel, Lebanon, Iraq,
Afghanistan, Saudi Arabia, Turkey, Bahrain, Kuwait, the
United Arab Emirates, Armenia, and Azerbaijan.
(2) An assessment of the capabilities of Iran's
conventional forces, including the following:
(A) The size, location, and capabilities of Iran's
conventional forces.
(B) A detailed analysis of Iran's forces facing
United States forces in the region and other countries
in the region, including Israel, Lebanon, Iraq,
Afghanistan, Saudi Arabia, Turkey, Bahrain, Kuwait, the
United Arab Emirates, Armenia, and Azerbaijan.
(C) Major developments in Iranian military
doctrine.
(D) An estimate of the funding provided for each
branch of Iran's conventional forces.
(3) An assessment of Iran's unconventional forces,
including the following:
(A) The size and capability of Iranian special
operations units, including the Iranian Revolutionary
Guard Corps-Quds Force.
(B) The types and amount of support provided to
groups designated by the United States as terrorist
organizations, including Hezbollah, Hamas, and the
Special Groups in Iraq, in particular those forces as
having been assessed as to be willing to carry out
terrorist operations on behalf of Iran or in response
to a military attack by another country on Iran.
(C) A detailed analysis of Iran's unconventional
forces facing United States forces in the region and
other countries in the region, including Israel,
Lebanon, Iraq, Afghanistan, Saudi Arabia, Turkey,
Bahrain, Kuwait, the United Arab Emirates, Armenia, and
Azerbaijan.
(D) An estimate of the amount of funds spent by
Iran to develop and support special operations forces
and terrorist groups.
(4) An assessment of Iranian capabilities related to
nuclear and missile forces, including the following:
(A) A summary of nuclear capabilities and
developments in the preceding year, including the
location of major facilities believed to be involved in
a nuclear weapons program.
(B) A summary of the capabilities of Iran's
strategic missile forces, including the size of the
Iranian strategic missile arsenal and the locations of
missile launch sites.
(C) A detailed analysis of Iran's strategic missile
forces facing United States forces in the region and
other countries in the region, including Israel,
Lebanon, Iraq, Afghanistan, Saudi Arabia, Turkey,
Bahrain, Kuwait, the United Arab Emirates, Armenia, and
Azerbaijan.
(D) An estimate of the amount of funding expended
by Iran on programs to develop a capability to build
nuclear weapons or to enhance Iran's strategic missile
capability.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Select Committee on
Intelligence, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of
the House of Representatives.
(2) Iran's conventional forces.--The term ``Iran's
conventional forces''--
(A) means military forces of the Islamic Republic
of Iran designed to conduct operations on sea, air, or
land, other than Iran's unconventional forces and
Iran's strategic missile forces; and
(B) includes Iran's Army, Iran's Air Force, Iran's
Navy, and elements of the Iranian Revolutionary Guard
Corps, other than the Iranian Revolutionary Guard
Corps-Quds Force.
(3) Iran's unconventional forces.--The term ``Iran's
unconventional forces''--
(A) means forces of the Islamic Republic of Iran
that carry out missions typically associated with
special operations forces; and
(B) includes--
(i) the Iranian Revolutionary Guard Corps-
Quds Force; and
(ii) any organization that--
(I) has been designated a terrorist
organization by the United States;
(II) receives assistance from Iran;
and
(III)(aa) is assessed as being
willing in some or all cases of
carrying out attacks on behalf of Iran;
or
(bb) is assessed as likely to carry
out attacks in response to a military
attack by another country on Iran.
(4) Iran's strategic missile forces.--The term ``Iran's
strategic missile forces'' means those elements of the military
forces of the Islamic Republic of Iran that employ missiles
capable of flights in excess of 500 kilometers.

SEC. 1233. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.

(a) Annual Report.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 781; 10 U.S.C. 113 note) is amended--
(1) in the first sentence, by striking ``on the current and
future military strategy of the People's Republic of China''
and inserting ``on military and security developments involving
the People's Republic of China'';
(2) in the second sentence--
(A) by striking ``on the People's Liberation Army''
and inserting ``of the People's Liberation Army''; and
(B) by striking ``Chinese grand strategy, security
strategy,'' and inserting ``Chinese security
strategy''; and
(3) by adding at the end the following new sentence: ``The
report shall also address United States-China engagement and
cooperation on security matters during the period covered by
the report, including through United States-China military-to-
military contacts, and the United States strategy for such
engagement and cooperation in the future.''.
(b) Matters to Be Included.--Subsection (b) of such section, as
amended by section 1263 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 407), is further
amended--
(1) in paragraph (1)--
(A) by striking ``goals of'' inserting ``goals and
factors shaping''; and
(B) by striking ``Chinese grand strategy, security
strategy,'' and inserting ``Chinese security
strategy'';
(2) by amending paragraph (2) to read as follows:
``(2) Trends in Chinese security and military behavior that
would be designed to achieve, or that are inconsistent with,
the goals described in paragraph (1).'';
(3) in paragraph (6)--
(A) by inserting ``and training'' after ``military
doctrine''; and
(B) by striking ``, focusing on (but not limited
to) efforts to exploit a transformation in military
affairs or to conduct preemptive strikes''; and
(4) by adding at the end the following new paragraphs:
``(10) In consultation with the Secretary of Energy and the
Secretary of State, developments regarding United States-China
engagement and cooperation on security matters.
``(11) The current state of United States military-to-
military contacts with the People's Liberation Army, which
shall include the following:
``(A) A comprehensive and coordinated strategy for
such military-to-military contacts and updates to the
strategy.
``(B) A summary of all such military-to-military
contacts during the period covered by the report,
including a summary of topics discussed and questions
asked by the Chinese participants in those contacts.
``(C) A description of such military-to-military
contacts scheduled for the 12-month period following
the period covered by the report and the plan for
future contacts.
``(D) The Secretary's assessment of the benefits
the Chinese expect to gain from such military-to-
military contacts.
``(E) The Secretary's assessment of the benefits
the Department of Defense expects to gain from such
military-to-military contacts, and any concerns
regarding such contacts.
``(F) The Secretary's assessment of how such
military-to-military contacts fit into the larger
security relationship between the United States and the
People's Republic of China.
``(12) Other military and security developments involving
the People's Republic of China that the Secretary of Defense
considers relevant to United States national security.''.
(c) Conforming Amendment.--Such section is further amended in the
heading by striking ``military power of'' and inserting ``military and
security developments involving''.
(d) Repeals.--Section 1201 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 779; 10 U.S.C.
168 note) is amended by striking subsections (e) and (f).
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act, and shall
apply with respect to reports required to be submitted under
subsection (a) of section 1202 of the National Defense
Authorization Act for Fiscal Year 2000, as so amended, on or
after that date.
(2) Strategy and updates for military-to-military contacts
with people's liberation army.--The requirement to include the
strategy described in paragraph (11)(A) of section 1202(b) of
the National Defense Authorization Act for Fiscal Year 2000, as
so amended, in the report required to be submitted under
section 1202(a) of such Act, as so amended, shall apply with
respect to the first report required to be submitted under
section 1202(a) of such Act on or after the date of the
enactment of this Act. The requirement to include updates to
such strategy shall apply with respect to each subsequent
report required to be submitted under section 1202(a) of such
Act on or after the date of the enactment of this Act.

SEC. 1234. REPORT ON IMPACTS OF DRAWDOWN AUTHORITIES ON THE DEPARTMENT
OF DEFENSE.

(a) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees and the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate an annual report, in unclassified form but with a
classified annex if necessary, on the impacts of drawdown authorities
on the Department of Defense. The report required under this subsection
shall be submitted concurrent with the budget submitted to Congress by
the President pursuant to section 1105(a) of title 31, United States
Code.
(b) Elements of Report.--The report required under subsection (a)
shall contain the following elements:
(1) A list of each drawdown for which a presidential
determination was issued in the preceding year.
(2) A summary of the types and quantities of equipment that
was provided under each drawdown in the preceding year.
(3) The cost to the Department of Defense to replace any
equipment transferred as part of each drawdown, not including
any depreciation, in the preceding year.
(4) The cost to the Department of Defense of any other
item, including fuel or services, transferred as part of each
drawdown in the preceding year.
(5) The total amount of funds transferred under each
drawdown in the preceding year.
(6) A copy of any statement of impact on readiness or
statement of impact on operations and maintenance that any
military service furnished as part of the process of developing
a drawdown package in the preceding year.
(7) An assessment by the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff of the impact of
transfers carried out as part of drawdowns in the previous year
on--
(A) the ability of the Armed Forces to meet the
requirements of ongoing overseas contingency
operations;
(B) the level of risk associated with the ability
of the Armed Forces to execute the missions called for
under the National Military Strategy as described in
section 153(b) of title 10, United States Code;
(C) the ability of the Armed Forces to reset from
current contingency operations;
(D) the ability of both the active and Reserve
forces to conduct necessary training; and
(E) the ability of the Reserve forces to respond to
domestic emergencies.
(c) Definitions.--In this section:
(1) Drawdown.--The term ``drawdown'' means any transfer or
package of transfers of equipment, services, fuel, funds or any
other items carried out pursuant to a presidential
determination issued under a drawdown authority.
(2) Drawdown authority.--The term ``drawdown authority''
means an authority under--
(A) section 506(a) (1) or (2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a) (1) or (2));
(B) section 552(c)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2348a(c)(2)); or
(C) any other substantially similar provision of
law.

SEC. 1235. RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL
POLICY.

(a) Assessment Required.--The Secretary of Defense and the
Secretary of State shall carry out an assessment of the national
security risks of removing satellites and related components from the
United States Munitions List.
(b) Matters to Be Included.--The assessment required under
subsection (a) shall included the following matters:
(1) A review of the space and space-related technologies
currently on the United States Munitions List, to include
satellite systems, dedicated subsystems, and components.
(2) An assessment of the national security risks of
removing certain space and space-related technologies
identified under paragraph (1) from the United States Munitions
List.
(3) An examination of the degree to which other nations'
export control policies control or limit the export of space
and space-related technologies for national security reasons.
(4) Recommendations for--
(A) the space and space-related technologies that
should remain on, or may be candidates for removal
from, the United States Munitions List based on the
national security risk assessment required paragraph
(2);
(B) the safeguards and verifications necessary to--
(i) prevent the proliferation and diversion
of such space and space-related technologies;
(ii) confirm appropriate end use and end
users; and
(iii) minimize the risk that such space and
space-related technologies could be used in
foreign missile, space, or other applications
that may pose a threat to the security of the
United States; and
(C) improvements to the space export control policy
and processes of the United States that do not
adversely affect national security.
(c) Consultation.--In conducting the assessment required under
subsection (a), the Secretary of Defense and the Secretary of State may
consult with the heads of other relevant departments and agencies of
the United States Government as the Secretaries determine is necessary.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall submit to the congressional defense committees and the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the assessment
required under subsection (a). The report shall be in unclassified form
but may include a classified annex.
(e) Definition.--In this section, the term ``United States
Munitions List'' means the list referred to in section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1)).

SEC. 1236. PATRIOT AIR AND MISSILE DEFENSE BATTERY IN POLAND.

Consistent with United States national security interests and the
Declaration on Strategic Cooperation Between the United States of
America and Republic of Poland (signed in Warsaw, Poland, on August 20,
2008), and subject to the availability of appropriations, the Secretary
of Defense shall seek to deploy a United States Army Patriot air and
missile defense battery and the personnel required to operate and
maintain such battery to Poland by 2012.

SEC. 1237. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE F-22A
FIGHTER AIRCRAFT TO JAPAN.

(a) Report Required.--Not later than 30 days after the date of the
enactment of this Act, Secretary of Defense, in coordination with the
Secretary of State and in consultation with the Secretary of the Air
Force, shall submit to the congressional defense committees and the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on potential
foreign military sales of the F-22A fighter aircraft to the Government
of Japan.
(b) Matters to Be Included.--The report required under subsection
(a) should detail--
(1) the cost of developing an exportable version of the F-
22A fighter aircraft to the United States Government, industry,
and the Government of Japan;
(2) whether an exportable version of the F-22A fighter
aircraft is technically feasible and executable, and the
timeline for achieving such an exportable version of the
aircraft;
(3) the potential strategic implication for allowing the
sale of the F-22A fighter aircraft to Japan;
(4) the impact of foreign military sales of the F-22A
fighter aircraft on the United States aerospace and aviation
industry and the benefit or drawback such sales might have on
sustaining such industry; and
(5) any changes to existing law needed to allow foreign
military sales of the F-22A fighter aircraft to Japan.

SEC. 1238. EXPANSION OF UNITED STATES-RUSSIAN FEDERATION JOINT CENTER
TO INCLUDE EXCHANGE OF DATA ON MISSILE DEFENSE.

(a) Expansion Authorized.--In conjunction with the Government of
the Russian Federation, the Secretary of Defense may expand the United
States-Russian Federation joint center for the exchange of data from
early warning systems for launches of ballistic missiles, as
established pursuant to section 1231 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-329), to include the exchange of
data on missile defense-related activities.
(b) Report Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on plans for expansion of the joint data exchange center.
(c) Authorization of Appropriations.--Of the amount authorized to
be appropriated pursuant to section 201(1) for research, development,
test, and evaluation for the Army, $5,000,000, to be derived from PE
0604869A, shall be available to carry out this section.

SEC. 1239. LIMITATION ON FUNDS TO IMPLEMENT REDUCTIONS IN THE STRATEGIC
NUCLEAR FORCES OF THE UNITED STATES PURSUANT TO ANY
TREATY OR OTHER AGREEMENT WITH THE RUSSIAN FEDERATION.

(a) Findings.--Congress makes the following findings:
(1) In the Joint Statement by President Dmitriy Medvedev of
the Russian Federation and President Barack Obama of the United
States of America after their meeting in London, England on
April 1, 2009, the two Presidents agreed ``to pursue new and
verifiable reductions in our strategic offensive arsenals in a
step-by-step process, beginning by replacing the Strategic Arms
Reduction Treaty with a new, legally-binding treaty.''.
(2) At that meeting, the two Presidents instructed their
negotiators to reach an agreement that ``will mutually enhance
the security of the Parties and predictability and stability in
strategic offensive forces, and will include effective
verification measures drawn from the experience of the Parties
in implementing the START Treaty.''.
(3) Subsequently, on April 5, 2009, in a speech in Prague,
the Czech Republic, President Obama proclaimed: ``Iran's
nuclear and ballistic missile activity poses a real threat, not
just to the United States, but to Iran's neighbors and our
allies. The Czech Republic and Poland have been courageous in
agreeing to host a defense against these missiles. As long as
the threat from Iran persists, we will go forward with a
missile defense system that is cost-effective and proven.''.
(4) President Obama also said: ``As long as these [nuclear]
weapons exist, the United States will maintain a safe, secure
and effective arsenal to deter any adversary, and guarantee
that defense to our allies--including the Czech Republic. But
we will begin the work of reducing our arsenal.''.
(b) Limitation.--Funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense for fiscal year
2010 may be obligated or expended to implement reductions in the
strategic nuclear forces of the United States pursuant to any treaty or
other agreement entered into between the United States and the Russian
Federation on strategic nuclear forces after the date of enactment of
this Act only if the President certifies to Congress that--
(1) the treaty or other agreement provides for sufficient
mechanisms to verify compliance with the treaty or agreement;
(2) the treaty or other agreement does not place
limitations on the ballistic missile defense systems, space
capabilities, or advanced conventional weapons of the United
States; and
(3) the fiscal year 2011 budget request for programs of the
Department of Energy's National Nuclear Security Administration
will be sufficiently funded to--
(A) maintain the reliability, safety, and security
of the remaining strategic nuclear forces of the United
States; and
(B) modernize and refurbish the nuclear weapons
complex.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall transmit to the congressional
committees specified in subsection (d) a report on the stockpiles of
strategic and non-strategic weapons of the United States and the
Russian Federation.
(d) Specified Congressional Committees.--The congressional
committees specified in this subsection are the following:
(1) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(e) Definition.--For the purposes of this section, the term
``advanced conventional weapons'' means any advanced weapons system
that has been specifically designed not to carry a nuclear payload.

SEC. 1240. MAP OF MINERAL-RICH ZONES AND AREAS UNDER THE CONTROL OF
ARMED GROUPS IN DEMOCRATIC REPUBLIC OF THE CONGO.

(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall, consistent with the recommendation from
the United Nations Group of Experts on the Democratic Republic of the
Congo in their December 2008 report, work with other member states of
the United Nations and local and international nongovernmental
organizations--
(1) to produce a map of mineral-rich zones and areas under
the control of armed groups in the Democratic Republic of the
Congo; and
(2) to make such map available to the public.
The map required under this subsection shall be known as the ``Congo
Conflict Minerals Map''. Mines located in areas under the control of
armed groups in the Democratic Republic of the Congo, as depicted on
the Congo Conflict Minerals Map, shall be known as ``conflict zone
mines''.
(b) Updates.--The Secretary of Defense, in consultation with the
Secretary of State, shall update the map required by subsection (a) not
less frequently than once every 180 days until the Secretary of Defense
certifies that no armed party to any ongoing armed conflict in the
Democratic Republic of the Congo or any other country is involved in
the mining, sale, or export of columbite-tantalite, cassiterite,
wolframite, or gold, or the control thereof, or derives benefits from
such activities.

SEC. 1241. SENSE OF CONGRESS RELATING TO THE STATE OF ISRAEL.

It is the sense of Congress that--
(1) the State of Israel is one of the strongest allies of
the United States;
(2) Israel and the United States face many common enemies;
and
(3) the United States should continue to work with Israeli
Prime Minister Netanyahu, the Israeli Government, and the
people of Israel to ensure that Israel continues to receive
critical military assistance, including missile defense
capabilities, needed to address existential threats.

TITLE XIII--COOPERATIVE THREAT REDUCTION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.

(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note).
(b) Fiscal Year 2010 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2010 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for fiscal years
2010, 2011, and 2012.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $434,093,000 authorized
to be appropriated to the Department of Defense for fiscal year 2010 in
section 301(20) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$66,385,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,800,000.
(3) For nuclear weapons storage security in Russia,
$15,090,000.
(4) For nuclear weapons transportation security in Russia,
$46,400,000.
(5) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$90,886,000.
(6) For biological threat reduction in the former Soviet
Union, $152,132,000.
(7) For chemical weapons destruction, $1,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$29,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $21,400,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2010 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2010 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2010 for a purpose listed
in paragraphs (1) through (10) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

SEC. 1303. UTILIZATION OF CONTRIBUTIONS TO THE COOPERATIVE THREAT
REDUCTION PROGRAM.

(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State, may enter into one or more agreements with any
person (including a foreign government, international organization,
multinational entity, non-governmental organization, or individual)
that the Secretary of Defense considers appropriate, under which the
person contributes funds for activities conducted under the Cooperative
Threat Reduction Program of the Department of Defense.
(b) Retention and Use of Amounts.--Subject to the availability of
appropriations, the Secretary of Defense may retain and use amounts
contributed under an agreement under subsection (a) for purposes of the
Cooperative Threat Reduction Program of the Department of Defense.
Amounts so contributed shall be retained in a separate fund established
in the Treasury for such purposes, subject to the availability of
appropriations, consistent with an agreement under subsection (a).
(c) Return of Amounts Not Used Within Five Years.--If an amount
contributed under an agreement under subsection (a) is not used under
this section within five years after it was contributed, the Secretary
of Defense shall return that amount to the person who contributed it.
(d) Quarterly Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the receipt and use of
amounts under this section during the period covered by the
report. Each report shall set forth--
(A) a statement of any amounts received under this
section, including, for each such amount, the value of
the contribution and the person who contributed it;
(B) a statement of any amounts used under this
section, including, for each such amount, the purposes
for which the amount was used; and
(C) a statement of the amounts retained but not
used under this section including, for each such
amount, the purposes (if known) for which the Secretary
intends to use the amount.
(2) Implementation plan.--In addition to the statements
described in subparagraphs (A) through (C) of paragraph (1),
the first report submitted under such paragraph shall include
an implementation plan for the authority provided under this
section.
(e) Expiration.--The authority to accept contributions under this
section shall expire on December 31, 2012. The authority to retain and
use contributions under this section shall expire on December 31, 2015.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF METRICS FOR THE
COOPERATIVE THREAT REDUCTION PROGRAM.

(a) Study Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
arrangement with the National Academy of Sciences under which the
Academy shall carry out a study to identify metrics to measure the
impact and effectiveness of activities under the Cooperative Threat
Reduction Program of the Department of Defense to address threats
arising from the proliferation of chemical, nuclear, and biological
weapons and weapons-related materials, technologies, and expertise.
(b) Submission of National Academy of Sciences Report.--The
National Academy of Sciences shall submit to Congress and the Secretary
of Defense a report on the results of the study carried out under
subsection (a).
(c) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt of
the report required by subsection (b), the Secretary shall
submit to Congress a report on the study carried out under
subsection (a).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) A summary of the results of the study carried
out under subsection (a).
(B) An assessment by the Secretary of the study.
(C) A statement of the actions, if any, to be
undertaken by the Secretary to implement any
recommendations in the study.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(20) or otherwise made
available for Cooperative Threat Reduction Programs for fiscal year
2010, not more than $1,000,000 may be obligated or expended to carry
out this section.

SEC. 1305. COOPERATIVE THREAT REDUCTION PROGRAM AUTHORITY FOR URGENT
THREAT REDUCTION ACTIVITIES.

(a) In General.--Subject to the notification requirement under
subsection (b), not more than 10 percent of the total amounts
appropriated or otherwise made available in any fiscal year for the
Cooperative Threat Reduction Program of the Department of Defense may
be expended, notwithstanding any provision of law identified pursuant
to subsection (b)(2)(B), for activities described under subsection
(b)(1)(A).
(b) Determination and Notice.--
(1) Determination.--The Secretary of Defense, in
consultation with the Secretary of State, may make a written
determination that--
(A) certain activities of the Cooperative Threat
Reduction Program of the Department of Defense are
urgently needed to address threats arising from the
proliferation of chemical, nuclear, and biological
weapons or weapons-related materials, technologies, and
expertise;
(B) certain provisions of law would unnecessarily
impede the Secretary's ability to carry out such
activities; and
(C) it is necessary to expend amounts described in
subsection (a) to carry out such activities.
(2) Notice required.--Not later than 15 days before
expending funds under the authority provided in subsection (a),
the Secretary of Defense shall notify the appropriate
congressional committees of the determination made under
paragraph (1). The notice shall include--
(A) the determination;
(B) an identification of each provision of law the
Secretary determines would unnecessarily impede the
Secretary's ability to carry out the activities
described under paragraph (1)(A);
(C) the activities of the Cooperative Threat
Reduction Program to be undertaken pursuant to the
determination;
(D) the expected time frame for such activities;
and
(E) the expected costs of such activities.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.

SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILITARY CONTACTS
PROGRAM.

The Secretary of Defense shall ensure the following:
(1) The Defense and Military Contacts Program under the
Cooperative Threat Reduction Program of the Department of
Defense--
(A) is strategically used to advance the mission of
the Cooperative Threat Reduction Program;
(B) is focused and expanded to support specific
relationship-building opportunities, which could lead
to Cooperative Threat Reduction Program development in
new geographic areas and achieve other Cooperative
Threat Reduction Program benefits;
(C) is directly administered as part of the
Cooperative Threat Reduction Program; and
(D) includes, within an overall strategic
framework, cooperation and coordination with--
(i) the unified combatant commands that
operate in areas in which Cooperative Threat
Reduction activities are carried out; and
(ii) related diplomatic efforts.
(2) Beginning with fiscal year 2010, the strategy and
activities of the Defense and Military Contacts Program, in
accordance with this section, are included in the Cooperative
Threat Reduction Annual Report to Congress for each fiscal
year, as required by section 1308 of the Floyd D. Spence
National Defense Authorization Act for fiscal year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-341; 22
U.S.C. 5959 note).

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $141,388,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,313,616,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for the fiscal year
2010 for the National Defense Sealift Fund in the amount of
$1,702,758,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2010 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of $26,963,187,000,
of which--
(1) $26,292,463,000 is for Operation and Maintenance;
(2) $493,192,000 is for Research, Development, Test, and
Evaluation; and
(3) $177,532,000 is for Procurement.

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2010
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, in the amount of $1,560,760,000, of
which--
(1) $1,146,802,000 is for Operation and Maintenance;
(2) $401,269,000 is for Research, Development, Test, and
Evaluation; and
(3) $12,689,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2010 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
in the amount of $1,050,984,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2010 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, in the amount of $279,224,000, of which--
(1) $278,224,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.

Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year 2010, the
National Defense Stockpile Manager may obligate up to $41,179,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.

SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF COBALT FROM
NATIONAL DEFENSE STOCKPILE.

Section 3305(a)(5) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as most
recently amended by section 1412(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4648), is amended by striking ``during fiscal year 2009'' and
inserting ``by the end of fiscal year 2011''.

SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIGURATION OF THE NATIONAL
DEFENSE STOCKPILE.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on any actions the Secretary plans to take in response to the
recommendations in the April 2009 report entitled ``Reconfiguration of
the National Defense Stockpile Report to Congress'' submitted by the
Under Secretary of Defense for Acquisition, Logistics, and Technology,
as required by House Report 109-89, House Report 109-452, and Senate
Report 110-115.
(b) Congressional Notification.--The Secretary may not take any
action regarding the implementation of any initiative recommended in
the report required under subsection (a) until 45 days after the
Secretary submits to the congressional defense committees such report.

Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.

There is authorized to be appropriated for fiscal year 2010 from
the Armed Forces Retirement Home Trust Fund the sum of $134,000,000 for
the operation of the Armed Forces Retirement Home.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS

SEC. 1501. PURPOSE.

The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2010 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.

SEC. 1502. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts of the Army in amounts as follows:
(1) For aircraft procurement, $1,976,474,000.
(2) For ammunition procurement, $370,635,000.
(3) For weapons and tracked combat vehicles procurement,
$874,466,000.
(4) For missile procurement, $531,570,000.
(5) For other procurement, $6,021,786,000.

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2010 for the Joint Improvised
Explosive Device Defeat Fund in the amount of $1,435,000,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by section
1503 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4649), shall apply to the
funds appropriated pursuant to the authorization of appropriations in
subsection (a) and made available to the Department of Defense for the
Joint Improvised Explosive Device Defeat Fund.
(c) Monthly Obligations and Expenditure Reports.--Not later than 15
days after the end of each month of fiscal year 2010, the Secretary of
Defense shall provide to the congressional defense committees a report
on the Joint Improvised Explosive Device Defeat Fund explaining monthly
commitments, obligations, and expenditures by line of action.

SEC. 1504. LIMITATION ON OBLIGATION OF FUNDS FOR JOINT IMPROVISED
EXPLOSIVE DEVICE DEFEAT ORGANIZATION PENDING REPORT TO
CONGRESS.

(a) Limitation.--Of the amounts remaining unobligated as of the
date of the enactment of this Act from amounts described in subsection
(b) for the Joint Improvised Explosive Device Defeat Organization (in
this section referred to as ``JIEDDO''), not more than 50 percent of
such remaining amounts may be obligated until JIEDDO submits to the
congressional defense committees a report containing the following
information regarding projects funded for fiscal years 2008, 2009, and
2010:
(1) A description of the purpose, funding, and schedule of
the project.
(2) A description of related projects.
(3) An acquisition strategy.
(b) Covered Authorization of Appropriations.--The limitation
contained in subsection (a) applies with respect to amounts made
available pursuant to the authorization of appropriations--
(1) in section 1503 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4649); and
(2) in section 1503(a) of this Act.
(c) Waiver.--The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary determines that the waiver is necessary
to fulfill a critical need by United States military forces deployed in
overseas contingency operations. The Secretary shall notify the
congressional defense committees of any waiver granted under this
subsection and the reasons for the waiver.

SEC. 1505. NAVY AND MARINE CORPS PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts of the Navy and Marine Corps in amounts as
follows:
(1) For aircraft procurement, Navy, $916,553,000.
(2) For weapons procurement, Navy, $73,700,000.
(3) For ammunition procurement, Navy and Marine Corps,
$710,780,000.
(4) For other procurement, Navy, $318,018,000.
(5) For procurement, Marine Corps, $1,164,445,000.

SEC. 1506. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts of the Air Force in amounts as follows:
(1) For aircraft procurement, $1,151,776,000.
(2) For ammunition procurement, $256,819,000.
(3) For missile procurement, $36,625,000.
(4) For other procurement, $2,321,549,000.

SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the procurement account for Defense-wide in the amount of
$799,830,000.

SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of
$5,456,000,000.

SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $57,962,000.
(2) For the Navy, $107,180,000.
(3) For the Air Force, $29,286,000.
(4) For Defense-wide activities, $215,826,000.

SEC. 1510. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $51,970,661,000.
(2) For the Navy, $6,219,583,000.
(3) For the Marine Corps, $3,701,600,000.
(4) For the Air Force, $10,152,068,000.
(5) For Defense-wide activities, $7,578,300,000.
(6) For the Army Reserve, $204,326,000.
(7) For the Navy Reserve, $68,059,000
(8) For the Marine Corps Reserve, $86,667,000.
(9) For the Air Force Reserve, $125,925,000.
(10) For the Army National Guard, $321,646,000.
(11) For the Air National Guard, $289,862,000.

SEC. 1511. WORKING CAPITAL FUNDS.

SEC. 1512. MILITARY PERSONNEL.

Funds are hereby authorized to be appropriated for fiscal year 2010
to the Department of Defense for military personnel accounts in the
total amount of $13,586,341,000.

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2010 for the Afghanistan Security
Forces Fund in the amount of $7,462,769,000.
(b) Limitation.--Funds appropriated pursuant to the authorization
of appropriations in subsection (a) or in any other Act and made
available to the Department of Defense for the Afghanistan Security
Forces Fund shall be subject to the conditions contained in subsections
(b) through (g) of section 1513 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428).

SEC. 1514. IRAQ FREEDOM FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2010 for the Iraq Freedom Fund in
the amount of $115,300,000.
(b) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2), amounts
authorized to be appropriated by subsection (a) may be
transferred from the Iraq Freedom Fund to any accounts as
follows:
(A) Operation and maintenance accounts of the Armed
Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation
accounts of the Department of Defense.
(D) Procurement accounts of the Department of
Defense.
(E) Accounts providing funding for classified
programs.
(F) The operating expenses account of the Coast
Guard.
(2) Notice to congress.--A transfer may not be made under
the authority in paragraph (1) until five days after the date
on which the Secretary of Defense notifies the congressional
defense committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred to
an account under the authority in paragraph (1) shall be merged
with amounts in such account and shall be made available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such account.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.

SEC. 1515. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2010 for
expenses, not otherwise provided for, for the Defense Health Program in
the amount of $1,155,235,000 for operation and maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2010 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the
amount of $324,603,000.
(c) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2010 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense in the amount of $8,876,000 for
operation and maintenance.

SEC. 1516. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

Funds made available to the Department of Defense for the Iraq
Security Forces Fund for fiscal year 2010 shall be subject to the
conditions contained in subsections (b) through (g) of section 1512 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 426).

SEC. 1517. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES FUNDS
FOR CERTAIN FACILITIES PROJECTS IN IRAQ.

Section 1508(a) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4651) shall
apply to funds authorized to be appropriated by this title.

SEC. 1518. SPECIAL TRANSFER AUTHORITY.

SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.

TITLE XVI--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

SEC. 1601. SHORT TITLE.

This title may be cited as the ``Guam World War II Loyalty
Recognition Act''.

SEC. 1602. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF
GUAM.

(a) Recognition of the Suffering of the Residents of Guam.--The
United States recognizes that, as described by the Guam War Claims
Review Commission, the residents of Guam, on account of their United
States nationality, suffered unspeakable harm as a result of the
occupation of Guam by Imperial Japanese military forces during World
War II, by being subjected to death, rape, severe personal injury,
personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The
United States forever will be grateful to the residents of Guam for
their steadfast loyalty to the United States of America, as
demonstrated by the countless acts of courage they performed despite
the threat of death or great bodily harm they faced at the hands of the
Imperial Japanese military forces that occupied Guam during World War
II.

SEC. 1603. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

(a) Payments for Death, Personal Injury, Forced Labor, Forced
March, and Internment.--Subject to the availability of appropriations
authorized to be appropriated under section 1606(a), after receipt of
certification pursuant to section 1604(b)(8) and in accordance with the
provisions of this title, the Secretary of the Treasury shall make
payments as follows:
(1) Residents injured.--The Secretary shall pay compensable
Guam victims who are not deceased before any payments are made
to individuals described in paragraphs (2) and (3) as follows:
(A) If the victim has suffered an injury described
in subsection (c)(2)(A), $15,000.
(B) If the victim is not described in subparagraph
(A) but has suffered an injury described in subsection
(c)(2)(B), $12,000.
(C) If the victim is not described in subparagraph
(A) or (B) but has suffered an injury described in
subsection (c)(2)(C), $10,000.
(2) Survivors of residents who died in war.--In the case of
a compensable Guam decedent, the Secretary shall pay $25,000
for distribution to eligible survivors of the decedent as
specified in subsection (b). The Secretary shall make payments
under this paragraph after payments are made under paragraph
(1) and before payments are made under paragraph (3).
(3) Survivors of deceased injured residents.--In the case
of a compensable Guam victim who is deceased, the Secretary
shall pay $7,000 for distribution to eligible survivors of the
victim as specified in subsection (b). The Secretary shall make
payments under this paragraph after payments are made under
paragraphs (1) and (2).
(b) Distribution of Survivor Payments.--Payments under paragraph
(2) or (3) of subsection (a) to eligible survivors of an individual who
is a compensable Guam decedent or a compensable Guam victim who is
deceased shall be made as follows:
(1) If there is living a spouse of the individual, but no
child of the individual, all of the payment shall be made to
such spouse.
(2) If there is living a spouse of the individual and one
or more children of the individual, one-half of the payment
shall be made to the spouse and the other half to the child (or
to the children in equal shares).
(3) If there is no living spouse of the individual, but
there are one or more children of the individual alive, all of
the payment shall be made to such child (or to such children in
equal shares).
(4) If there is no living spouse or child of the individual
but there is a living parent (or parents) of the individual,
all of the payment shall be made to the parents (or to the
parents in equal shares).
(5) If there is no such living spouse, child, or parent, no
payment shall be made.
(c) Definitions.--For purposes of this title:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section
1604(a)(1) to have been a resident of Guam who died or was
killed as a result of the attack and occupation of Guam by
Imperial Japanese military forces during World War II, or
incident to the liberation of Guam by United States military
forces, and whose death would have been compensable under the
Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a
timely claim had been filed under the terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual determined under section
1604(a)(1) to have suffered, as a result of the attack and
occupation of Guam by Imperial Japanese military forces during
World War II, or incident to the liberation of Guam by United
States military forces, any of the following:
(A) Rape or severe personal injury (such as loss of
a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or
burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--The Foreign Claims Settlement Commission shall
promulgate regulations to specify injuries that constitute a
severe personal injury or a personal injury for purposes of
subparagraphs (A) and (B), respectively, of paragraph (2).

SEC. 1604. ADJUDICATION.

(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission
is authorized to adjudicate claims and determine eligibility
for payments under section 1603.
(2) Rules and regulations.--The chairman of the Foreign
Claims Settlement Commission shall prescribe such rules and
regulations as may be necessary to enable it to carry out its
functions under this title. Such rules and regulations shall be
published in the Federal Register.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1)
and subject to paragraph (2), the Foreign Claims Settlement
Commission may not determine an individual is eligible for a
payment under section 1603 unless the individual submits to the
Commission a claim in such manner and form and containing such
information as the Commission specifies.
(2) Filing period for claims and notice.--All claims for a
payment under section 1603 shall be filed within 1 year after
the Foreign Claims Settlement Commission publishes public
notice of the filing period in the Federal Register. The
Foreign Claims Settlement Commission shall provide for the
notice required under the previous sentence not later than 180
days after the date of the enactment of this title. In
addition, the Commission shall cause to be publicized the
public notice of the deadline for filing claims in newspaper,
radio, and television media on Guam.
(3) Adjudicatory decisions.--The decision of the Foreign
Claims Settlement Commission on each claim shall be by majority
vote, shall be in writing, and shall state the reasons for the
approval or denial of the claim. If approved, the decision
shall also state the amount of the payment awarded and the
distribution, if any, to be made of the payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from potential payments, amounts
previously paid under the Guam Meritorious Claims Act of 1945
(Public Law 79-224).
(5) Interest.--No interest shall be paid on payments
awarded by the Foreign Claims Settlement Commission.
(6) Remuneration prohibited.--No remuneration on account of
representational services rendered on behalf of any claimant in
connection with any claim filed with the Foreign Claims
Settlement Commission under this title shall exceed one percent
of the total amount paid pursuant to any payment certified
under the provisions of this title on account of such claim.
Any agreement to the contrary shall be unlawful and void.
Whoever demands or receives, on account of services so
rendered, any remuneration in excess of the maximum permitted
by this section shall be fined not more than $5,000 or
imprisoned not more than 12 months, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission shall be
to the Commission, and upon rehearing, the decision in each
claim shall be final, and not subject to further review by any
court or agency.
(8) Certifications for payment.--After a decision approving
a claim becomes final, the chairman of the Foreign Claims
Settlement Commission shall certify it to the Secretary of the
Treasury for authorization of a payment under section 1603.
(9) Treatment of affidavits.--For purposes of section 1603
and subject to paragraph (2), the Foreign Claims Settlement
Commission shall treat a claim that is accompanied by an
affidavit of an individual that attests to all of the material
facts required for establishing eligibility of such individual
for payment under such section as establishing a prima facie
case of the individual's eligibility for such payment without
the need for further documentation, except as the Commission
may otherwise require. Such material facts shall include, with
respect to a claim under paragraph (2) or (3) of section
1603(a), a detailed description of the injury or other
circumstance supporting the claim involved, including the level
of payment sought.
(10) Release of related claims.--Acceptance of payment
under section 1603 by an individual for a claim related to a
compensable Guam decedent or a compensable Guam victim shall be
in full satisfaction of all claims related to such decedent or
victim, respectively, arising under the Guam Meritorious Claims
Act of 1945 (Public Law 79-224), the implementing regulations
issued by the United States Navy pursuant thereto, or this
title.
(11) Penalty for false claims.--The provisions of section
1001 of title 18 of the United States Code (relating to
criminal penalties for false statements) apply to claims
submitted under this subsection.

SEC. 1605. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.

(a) Establishment.--Subject to section 1606(b) and in accordance
with this section, the Secretary of the Interior shall establish a
grants program under which the Secretary shall award grants for
research, educational, and media activities that memorialize the events
surrounding the occupation of Guam during World War II, honor the
loyalty of the people of Guam during such occupation, or both, for
purposes of appropriately illuminating and interpreting the causes and
circumstances of such occupation and other similar occupations during a
war.
(b) Eligibility.--The Secretary of the Interior may not award to a
person a grant under subsection (a) unless such person submits an
application to the Secretary for such grant, in such time, manner, and
form and containing such information as the Secretary specifies.

SEC. 1606. AUTHORIZATION OF APPROPRIATIONS.

(a) Guam World War II Claims Payments and Adjudication.--For
purposes of carrying out sections 1603 and 1604, there are authorized
to be appropriated $126,000,000, to remain available for obligation
until September 30, 2013, to the Foreign Claims Settlement Commission.
Not more than 5 percent of funds made available under this subsection
shall be used for administrative costs.
(b) Guam World War II Grants Program.--For purposes of carrying out
section 1605, there are authorized to be appropriated $5,000,000, to
remain available for obligation until September 30, 2013.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

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

SEC. 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.

SEC. 2003. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall
take effect on the later of--
(1) October 1, 2009; or
(2) the date of the enactment of this Act.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Fort Richardson.................................. $51,150,000
Fort Wainwright.................................. $198,000,000
Alabama..................................... Anniston Army Depot.............................. $3,000,000
Redstone Arsenal................................. $3,550,000
Arizona..................................... Fort Huachuca.................................... $27,700,000
Arkansas.................................... Pine Bluff Arsenal............................... $25,000,000
California.................................. Fort Irwin....................................... $9,500,000
Colorado.................................... Fort Carson...................................... $342,950,000
Florida..................................... Elgin Air Force Base............................. $131,600,000
Georgia..................................... Fort Benning..................................... $295,300,000
Fort Gillem...................................... $10,800,000
Fort Stewart..................................... $145,400,000
Hawaii...................................... Schofield Barracks............................... $184,000,000
Wheeler Army Air Field........................... $7,500,000
Kansas...................................... Fort Riley....................................... $162,400,000
Kentucky.................................... Fort Campbell.................................... $14,400,000
Fort Knox........................................ $70,000,000
Louisiana................................... Fort Polk........................................ $55,400,000
Maryland.................................... Fort Detrick..................................... $46,400,000
Fort Meade....................................... $2,350,000
Missouri.................................... Fort Leonard Wood................................ $170,800,000
New Jersey.................................. Picatinny Arsenal................................ $10,200,000
New York.................................... Fort Drum........................................ $92,700,000
North Carolina.............................. Fort Bragg....................................... $111,150,000
Sunny Point Military Ocean Terminal.............. $28,900,000
Oklahoma.................................... Fort Sill........................................ $90,500,000
McAlester Army Ammunition Plant.................. $12,500,000
South Carolina.............................. Charleston Naval Weapons Station,............... $21,800,000
Fort Jackson..................................... $103,500,000
Texas....................................... Fort Bliss....................................... $219,400,000
Fort Hood........................................ $40,600,000
Fort Sam Houston................................. $19,800,000
Utah........................................ Dugway Proving Ground............................ $25,000,000
Virginia.................................... Fort A.P. Hill................................... $23,000,000
Fort Belvoir..................................... $37,900,000
Fort Lee......................................... $5,000,000
Washington.................................. Fort Lewis....................................... $18,700,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of units,
and in the amounts set forth in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. 38........................ $18,000,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $3,936,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $219,300,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $4,427,076,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $2,738,150,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $328,000,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$33,000,000.
(4) For host nation support and architectural and
engineering services and construction design under section 2807
of title 10, United States Code, $187,872,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $273,236,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $523,418,000.
(6) For the construction of increment 4 of a brigade
complex at Fort Lewis, Washington, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2445), as amended by section 20814 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289), as added by section 2 of the Revised Continuing
Resolution, 2007 (Public Law 110-5; 121 Stat 41) $102,000,000.
(7) For the construction of increment 2 of the United
States Southern Command Headquarters at Miami Doral, Florida,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 504), $55,400,000.
(8) For the construction of increment 3 of the brigade
complex operations support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 505), $23,500,000.
(9) For the construction of increment 3 of the brigade
complex barracks and community support facility at Vicenza,
Italy, authorized by section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 505), $22,500,000.
(10) For the construction of increment 2 of a barracks and
dining complex at Fort Carson, Colorado, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417 122 Stat.
4659), $60,000,000.
(11) For the construction of increment 2 of a barracks and
dining complex at Fort Stewart, Georgia, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417 122 Stat.
4659), $80,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $95,000,000 (the balance of the amount authorized under
section 2101(a) for an aviation task force complex, Phase I at
Fort Wainwright, Alaska).

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2009 PROJECT.

In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act of Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4659) for Fort Bragg, North
Carolina, for construction of a chapel at the installation, the
Secretary of the Army may construct up to a 22,600 square-feet (400
person) chapel consistent with the Army's standard square footage for
chapel construction guidelines.

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (119
Stat. 3485) and extended by section 2107 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4665), shall remain in effect until October 1, 2010, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2011, whichever is later:
(b) Table.--The table referred to in subsection (a) is as follows:

Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................ Pohakuloa................ Tactical Vehicle Wash $9,207,000
Facility.
Battle Area Complex......... $33,660,000
----------------------------------------------------------------------------------------------------------------

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station, Yuma................. $28,770,000
California.................................... Mountain Warfare Training Center Bridgeport.... $11,290,000
Marine Corps Base, Camp Pendleton.............. $775,162,000
Edwards Air Force Base......................... $3,007,000
Naval Station Monterey......................... $10,240,000
Marine Corps Base, Twentynine Palms............ $513,680,000
Marine Corps Air Station, Miramar.............. $9,280,000
Point Loma Annex............................... $11,060,000
Naval Station, San Diego....................... $23,590,000
Connecticut................................... Naval Submarine Base, New London............... $6,570,000
Florida....................................... Blount Island Command.......................... $3,760,000
Eglin Air Force Base........................... $26,287,000
Naval Air Station, Jacksonville................ $5,917,000
Naval Station, Mayport......................... $56,042,000
Naval Air Station, Pensacola................... $26,161,000
Naval Air Station, Whiting Field............... $4,120,000
Georgia....................................... Marine Corps Logistics Base, Albany............ $4,870,000
Hawaii........................................ Oahu........................................... $5,380,000
Naval Station, Pearl Harbor.................... $35,182,000
Maine......................................... Portsmouth Naval Shipyard...................... $7,090,000
Maryland...................................... Naval Surface Warfare Center, Carderock........ $6,520,000
Naval Air Station, Patuxent River.............. $11,043,000
North Carolina................................ Marine Corps Base, Camp Lejeune................ $673,570,000
Marine Corps Air Station, Cherry Point......... $22,960,000
Marine Corps Air Station, New River............ $107,090,000
Rhode Island.................................. Naval Station, Newport......................... $54,333,000
South Carolina................................ Marine Corps Air Station, Beaufort............. $1,280,000
Marine Corps Recruit Depot, Parris Island...... $6,972,000
Texas......................................... Naval Air Station, Corpus Christi.............. $19,764,000
Naval Air Station, Kingsville.................. $4,470,000
Virginia...................................... Naval Amphibious Base, Little Creek............ $13,095,000
Naval Station Norfolk.......................... $18,139,000
Naval Special Weapons Center, Dahlgren......... $3,660,000
Norfolk Naval Shipyard, Portsmouth............. $226,969,000
Marine Corps Base, Quantico.................... $105,240,000
Washington.................................... Naval Station, Everett........................ $3,810,000
Naval Magazine, Indian Island................. $13,130,000
Spokane........................................ $12,707,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... Southwest Asia.................................. $41,526,000
Djibouti...................................... Camp Lemonier................................... $41,845,000
Guam.......................................... Naval Base, Guam................................ $505,161,000
Andersen Air Force Base......................... $110,297,000
Spain......................................... Naval Station, Rota............................. $26,278,000
----------------------------------------------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(5)(A),
the Secretary of the Navy may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amount
set forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Korea................................ Pusan................... Welcome center/ warehouse $4,376,000
Mariana Islands...................... Naval Activities, Guam.. 30 $20,730,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $2,771,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $118,692,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $4,220,719,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,792,210,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $483,845,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$17,483,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $179,652,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $146,569,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $368,540,000.
(6) For the construction of increment 6 of a limited area
production and storage complex at Bangor, Washington,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106), $87,292,000.
(7) For the construction of increment 2 of enclave fencing
at Naval Submarine Base, Bangor, Washington, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3490), as amended by section 2205 of this Act,
$67,419,000.
(8) For the construction of increment 2 of a replacement
maintenance pier at Bremerton, Washington, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 510), $69,064,000.
(9) For the construction of increment 3 of a submarine
drive-in magazine silencing facility at Naval Base Pearl
Harbor, Hawaii, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 510), $8,645,000.

SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.

(a) Modification.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490) is amended in the item relating to
Naval Submarine Base, Bangor, Washington, by striking ``$60,160,000''
and inserting ``$127,163,000''.
(b) Conforming Amendment.--Section 2204(b) of that Act (119 Stat.
3492) is amended by adding at the end the following new paragraph:
``(11) $67,003,000 (the balance of the amount authorized
under section 2201(a) for construction of a waterfront security
enclave at Naval Submarine Base, Bangor, Washington).''.
(c) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), the authorization relating to
enclave fencing/parking at Naval Submarine Base, Bangor, Washington
(formerly referred to as a project at Naval Submarine Base, Bangor,
Washington), as provided in section 2201 of that Act, shall remain in
effect until October 1, 2012, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2013,
whichever is later.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:

Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Clear Air Force Station..................... $24,300,000
Elmendorf Air Force Base.................... $15,700,000
Arizona........................................ Davis-Monthan Air Force Base................ $41,900,000
Arkansas....................................... Little Rock Air Force Base.................. $16,200,000
California..................................... Los Angeles Air Force Base.................. $8,000,000
Travis Air Force Base....................... $12,900,000
Vandenberg Air Force Base................... $13,000,000
Colorado....................................... Peterson Air Force Base..................... $32,300,000
United States Air Force Academy............. $17,500,000
Delaware....................................... Dover Air Force Base........................ $17,400,000
Florida........................................ Eglin Air Force Base........................ $84,360,000
Hurlburt Field.............................. $19,900,000
MacDill Air Force Base...................... $59,300,000
Georgia........................................ Warner Robins Air Force Base................ $6,200,000
Hawaii......................................... Hickam Air Force Base....................... $4,000,000
Wheeler Air Force Base...................... $15,000,000
Idaho.......................................... Mountain Home Air Force Base................ $20,000,000
Illinois....................................... Scott Air Force Base........................ $7,400,000
Maryland....................................... Andrews Air Force Base...................... $9,300,000
Missouri....................................... Whiteman Air Force Base..................... $12,900,000
Nevada......................................... Creech Air Force Base....................... $2,700,000
New Jersey..................................... McGuire Air Force Base...................... $7,900,000
New Mexico..................................... Cannon Air Force Base....................... $15,000,000
Holloman Air Force Base..................... $15,900,000
Kirtland Air Force Base..................... $22,500,000
North Carolina................................. Seymour Johnson Air Force Base.............. $6,900,000
North Dakota................................... Minot Air Force Base........................ $11,500,000
Ohio........................................... Wright Patterson Air Force Base............. $58,600,000
Oklahoma....................................... Altus Air Force Base........................ $20,300,000
Tinker Air Force Base....................... $18,137,000
South Carolina................................. Shaw Air Force Base......................... $21,183,000
Texas.......................................... Dyess Air Force Base........................ $4,500,000
Goodfellow Air Force Base................... $32,400,000
Lackland Air Force Base..................... $113,879,000
Utah........................................... Hill Air Force Base......................... $26,153,000
Virginia....................................... Langley Air Force Base...................... $10,000,000
Washington..................................... Fairchild Air Force Base.................... $4,150,000
Wyoming........................................ F. E. Warren Air Force Base................. $9,100,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:

Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Bagram Air Base.......... $22,000,000
Colombia..................... Palanquero Air Base...... $46,000,000
Germany...................... Ramstein Air Base........ $34,700,000
Spangdahlem Air Base..... $23,500,000
Guam......................... Andersen Air Force Base.. $61,702,000
Italy........................ Naval Air Station $31,300,000
Sigonella.
Oman......................... Al Musannah Air Base..... $116,000,000
Qatar........................ Al Udeid Air Base........ $60,000,000
Turkey....................... Incirlik Air Base........ $9,200,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force
may carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,314,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(5)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $61,787,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2463), authorizations set forth in the
table in subsection (b), as provided in sections 2301 and 2302 of that
Act, shall remain in effect until October 1, 2010, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2011, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... C-17 Aircrew Life Support... $7,400,000
Idaho................................. Mountain Home Air Force Replace Family Housing (457 $107,800,000
Base.................... units).....................
----------------------------------------------------------------------------------------------------------------

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
table in subsection (b), as provided in section 2302 of that Act (119
Stat. 3495) and extended by section 2305 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4684), shall remain in effect until October 1, 2010, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2011, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................. Eielson Air Force Base..... Replace Family Housing $37,650,000
(92 units)..............
Eielson Air Force Base Purchase Build/Lease $18,144,000
Housing (300 units).....
North Dakota........................... Grand Forks Air Force Base. Replace Family Housing $43,353,000
(150 units).............
----------------------------------------------------------------------------------------------------------------

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.

Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2402(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia....................................... Fort Benning.................................... $2,330,000
Fort Stewart/Hunter Army Air Field.............. $45,003,000
North Carolina................................ Fort Bragg...................................... $3,439,000
----------------------------------------------------------------------------------------------------------------

Defense Information Systems Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii........................................ Naval Station Pearl Harbor, Ford Island......... $9,633,000
----------------------------------------------------------------------------------------------------------------

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... El Centro....................................... $11,000,000
Travis Air Force Base........................... $15,357,000
Florida....................................... Jacksonville International Airport (Air National $11,500,000
Guard).
Minnesota..................................... Duluth International Airport (Air National $15,000,000
Guard).
Oklahoma...................................... Altus Air Force Base............................ $2,700,000
Texas......................................... Fort Hood....................................... $3,000,000
Washington.................................... Fairchild Air Force Base........................ $7,500,000
----------------------------------------------------------------------------------------------------------------

Missile Defense Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia...................................... Naval Support Facility, Dahlgren............... $24,500,000
----------------------------------------------------------------------------------------------------------------

National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland....................................... Fort Meade..................................... $203,800,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Naval Amphibious Base, Coronado................ $15,722,000
Colorado....................................... Fort Carson.................................... $48,246,000
Florida........................................ Eglin Air Force Base........................... $3,046,000
Hurlburt Field................................. $8,156,000
Georgia........................................ Fort Benning................................... $3,046,000
Kentucky....................................... Fort Campbell.................................. $32,335,000
New Mexico..................................... Cannon Air Force Base.......................... $52,864,000
North Carolina................................. Fort Bragg..................................... $101,488,000
Marine Corps Base, Camp Lejeune................ $11,791,000
Virginia....................................... Naval Amphibious Base, Little Creek............ $18,669,000
Naval Surface Warfare Center, Dam Neck......... $6,100,000
Washington..................................... Fort Lewis..................................... $14,500,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Elmendorf Air Force Base....................... $25,017,000
Fort Richardson................................ $3,518,000
Colorado....................................... Fort Carson.................................... $52,773,000
Georgia........................................ Fort Benning................................... $17,200,000
Fort Stewart/Hunter Army Field................. $26,386,000
Kentucky....................................... Fort Campbell.................................. $8,600,000
Maryland....................................... Fort Detrick................................... $29,807,000
Missouri....................................... Fort Leonard Wood.............................. $5,570,000
North Carolina................................. Fort Bragg..................................... $57,658,000
Oklahoma....................................... Fort Sill...................................... $10,554,000
Texas.......................................... Lackland Air Force Base........................ $101,928,000
Fort Bliss..................................... $996,295,000
Washington..................................... Fort Lewis..................................... $15,636,000
----------------------------------------------------------------------------------------------------------------

Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia....................................... Pentagon Reservation........................... $27,672,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Brussels........................................ $38,124,000
Germany....................................... Kaiserslautern.................................. $93,545,000
Wiesbaden Air Base.............................. $5,379,000
United Kingdom................................ Royal Air Force Lakenheath...................... $4,509,000
----------------------------------------------------------------------------------------------------------------

Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Korea......................................... K-16 Airfield................................... $5,050,000
----------------------------------------------------------------------------------------------------------------

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba........................................... Naval Air Station, Guantanamo Bay.............. $12,500,000
Guam........................................... Naval Air Station, Agana....................... $4,900,000
Korea.......................................... Osan Air Base.................................. $28,000,000
United Kingdom................................. Royal Air Force Mildenhall..................... $4,700,000
----------------------------------------------------------------------------------------------------------------

National Security Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom................................. Royal Air Force Menwith Hill Station........... $37,588,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Naval Activities, Guam......................... $446,450,000
United Kingdom................................. Royal Air Force Alconbury...................... $14,227,000
----------------------------------------------------------------------------------------------------------------

SEC. 2402. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $3,132,024,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $1,170,314,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $857,678,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$33,025,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $121,442,000.
(6) For energy conservation projects under chapter 173 of
title 10, United States Code, $90,000,000.
(7) For support of military family housing, including
functions described in section 2833 of title 10, United States
Code, and credits to the Department of Defense Family Housing
Improvement Fund under section 2883 of title 10, United States
Code, and the Homeowners Assistance Fund established under
section 1013 of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374), $77,898,000.
(8) For the construction of increment 4 of the Army Medical
Research Institute of Infectious Diseases Stage 1 at Fort
Detrick, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$28,000,000.
(9) For the construction of increment 2 of replacement fuel
storage facilities at Point Loma Annex, California, authorized
by section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), as amended by section 2405 of this Act,
$92,300,000.
(10) For the construction of increment 3 of a special
operations facility at Dam Neck, Virginia, authorized by
section 2401(a) of the Military Construction Authorization Act
of Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), $15,967,000.
(11) For the construction of increment 2 of the United
States Army Medical Research Institute of Chemical Defense
replacement facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2009 (division B of Public Law
110-417 122 Stat. 4689), $111,400,000.
(12) For the construction of fuel storage tanks and
pipeline replacement at Souda Bay, Greece, authorized by
section 2401(b) of the Military Construction Authorization Act
of Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4691), as amended by section 2406 of this Act,
$24,000,000.
(13) For the construction of increment 2 of a National
Security Agency data center at Camp Williams, Utah, authorized
as a Military Construction, Defense-Wide project by the
Supplemental Appropriations Act, 2009, $500,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the total amount authorized to be
appropriated under paragraphs (1) and (2) of subsection (a).
(c) Availability of Funds for Energy Conservation Projects of
Reserve Components.--Of the amount authorized to be appropriated by
subsection (a)(6) for energy conservation projects under chapter 173 of
title 10, United States Code, the Secretary of Defense shall reserve a
portion of the amount for energy conservation projects for the reserve
components in an amount that bears the same proportion to the total
amount authorized to be appropriated as the total quantity of energy
consumed by reserve facilities (as defined in section 18232(2) of such
title) during fiscal year 2009 bears to the total quantity of energy
consumed by all military installations (as defined in section
2687(e)(1) of such title) during that fiscal year, as determined by the
Secretary.

SEC. 2403. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2008 PROJECT.

(a) Modification.--The table relating to the Defense Logistics
Agency in section 2401 (a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
521) is amended in the item relating to Point Loma Annex, California,
by striking ``$140,000,000'' in the amount column and inserting
``$195,000,000''.
(b) Conforming Amendment.--Section 2403(b)(2) of that Act (122
Stat.524) is amended by striking ``$84,300,000'' and inserting
``$139,300,000''.

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2009 PROJECT.

(a) Modification.--The table relating to the Defense Logistics
Agency in section 2401 (b) of the Military Construction Authorization
Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4691) is amended in the item relating to Souda Bay, Greece, by striking
``$8,000,000'' in the amount column and inserting ``$32,000,000''.
(b) Conforming Amendment.--Section 2403(b) of that Act (122 Stat.
4692) is amended by adding at the end the following new paragraph:
``(5) $24,000,000 (the balance of the amount authorized for
the Defense Logistics Agency under section 2401(b) for fuel
storage tanks and pipeline replacement at Souda Bay,
Greece).''.

SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007
PROJECT.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2463), authorizations set forth in the
table in subsection (b), as provided in section 2402 of that Act, shall
remain in effect until October 1, 2010, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year
2011, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
State Location Units Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Defense Supply Center, Whole House Renovation.. $484,000
Richmond.
----------------------------------------------------------------------------------------------------------------

Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for military construction and land
acquisition for chemical demilitarization in the total amount of
$146,541,000 as follows:
(1) For the construction of phase 11 of a chemical
munitions demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as amended
by section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839), section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), and section 2413 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B
of Public Law 110-417; 122 Stat. 4697), $92,500,000.
(2) For the construction of phase 10 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298), section
2405 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
and section 2414 of the Military Construction Authorization Act
for Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4697), $54,041,000.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $276,314,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1)(A), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:

Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Fort McClellan................................... $3,000,000
Arizona........................................ Camp Navajo...................................... $3,000,000
California..................................... Los Alamitos Joint Forces Training Base.......... $31,000,000
Georgia........................................ Fort Benning..................................... $15,500,000
Hunter Army Air Field............................ $8,967,000
Idaho.......................................... Gowen Field...................................... $16,100,000
Indiana........................................ Muscatatuck Urban Training Center................ $10,100,000
Massachusetts.................................. Hanscom Air Force Base........................... $29,000,000
Michigan....................................... Fort Custer...................................... $7,732,000
Minnesota...................................... Arden Hills...................................... $6,700,000
Camp Ripley...................................... $1,710,000
Mississippi.................................... Camp Shelby...................................... $16,100,000
Missouri....................................... Boonville........................................ $1,800,000
Nebraska....................................... Lincoln Municipal Airport........................ $23,000,000
New Mexico..................................... Santa Fe......................................... $39,000,000
Nevada......................................... North Las Vegas.................................. $26,000,000
North Carolina................................. East Flat Rock................................... $2,516,000
Fort Bragg....................................... $6,038,000
Oregon......................................... Polk County...................................... $12,100,000
South Carolina................................. McEntire Joint National Guard Base............... $26,000,000
Donaldson Air Force Base......................... $40,000,000
Texas.......................................... Austin........................................... $22,200,000
Virginia....................................... Fort Pickett..................................... $32,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1)(B), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following table:

Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Barrigada........................................ $30,000,000
Virgin Islands................................. St. Croix........................................ $20,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(2)(A), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:

Army Reserve: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Camp Pendleton................................. $19,500,000
Los Angeles.................................... $29,000,000
Colorado Colorado Springs............................... $13,000,000
Connecticut.................................... Bridgeport..................................... $18,500,000
Florida........................................ Panama City.................................... $7,300,000
West Palm Beach................................ $26,000,000
Georgia........................................ Atlanta........................................ $14,000,000
Illinois....................................... Chicago........................................ $23,000,000
Minnesota...................................... Fort Snelling.................................. $12,000,000
New York....................................... Rochester...................................... $13,600,000
Ohio........................................... Cincinnati..................................... $13,000,000
Pennsylvania................................... Ashley......................................... $9,800,000
Harrisburg..................................... $7,600,000
Newton Square.................................. $20,000,000
Uniontown...................................... $11,800,000
Texas.......................................... Austin......................................... $20,000,000
Bryan.......................................... $12,200,000
Fort Bliss..................................... $9,500,000
Houston........................................ $24,000,000
Robstown....................................... $10,200,000
San Antonio.................................... $20,000,000
Wisconsin...................................... Fort McCoy..................................... $25,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(2)(B), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve location outside the United
States, and in the amount, set forth in the following table:

Army Reserve: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico.................................... Caguas......................................... $12,400,000
----------------------------------------------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3), the Secretary of the Navy may
acquire real property and carry out military construction projects for
the Navy Reserve and Marine Corps Reserve locations, and in the
amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Luke Air Force Base.............................. $10,986,000
California..................................... Alameda.......................................... $5,960,000
Illinois....................................... Joliet Army Ammunition Plant..................... $7,957,000
South Carolina................................. Goose Creek...................................... $4,240,000
Texas.......................................... San Antonio...................................... $2,210,000
Forth Worth Naval Air Station Joint Reserve Base. $6,170,000
Virginia....................................... Oceana Naval Air Station......................... $30,400,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(4)(A), the Secretary of the Air Force
may acquire real property and carry out military construction projects
for the Air National Guard locations, and in the amounts, set forth in
the following table:

Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Davis-Monthan Air Force Base..................... $5,600,000
California..................................... South California Logistics Airport............... $8,400,000
Connecticut.................................... Bradley International Airport.................... $9,000,000
Hawaii......................................... Hickam Air Force................................. $33,000,000
Illinois....................................... Lincoln Capital Airport.......................... $3,000,000
Kansas......................................... McConnell Air Force Base......................... $8,700,000
Maine.......................................... Bangor International Airport..................... $28,000,000
Maryland....................................... Andrews Air Force Base........................... $14,000,000
Massachusetts.................................. Barnes Air National Guard Base................... $8,100,000
Mississippi.................................... Gulfport-Biloxi Regional Airport................. $6,500,000
Wheeler Sack AAF................................. $2,700,000
Nebraska....................................... Lincoln Municipal Airport........................ $1,500,000
Ohio........................................... Mansfield Lahm Airport........................... $11,400,000
Oklahoma....................................... Will Rogers World Airport........................ $7,300,000
Texas.......................................... Kelly Field Annex................................ $7,900,000
Wisconsin...................................... General Mitchell International Airport........... $5,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(4)(B), the Secretary of the Air Force
may acquire real property and carry out military construction projects
for the Air Force Reserve locations, and in the amounts, set forth in
the following table:

Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... March Air Reserve Base........................... $9,800,000
Colorado....................................... Schriever Air Force Base......................... $10,200,000
Mississippi.................................... Keesler Air Force Base........................... $9,800,000
New York....................................... Niagara Falls Air Reserve Station................ $5,700,000
Texas.......................................... Lackland Air Force Base.......................... $1,500,000
Utah........................................... Hill Air Force Base.............................. $3,200,000
----------------------------------------------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army, for the Army National
Guard of the United States--
(A) for military construction projects inside the
United States authorized by section 2601(a),
$509,129,000; and
(B) for military construction projects outside the
United States authorized by section 2601(b),
$20,000,000.
(2) For the Department of the Army, for the Army Reserve--
(A) for military construction projects inside the
United States authorized by section 2602(a),
$420,116,000; and
(B) for military construction projects outside the
United States authorized by section 2602(b),
$12,400,000.
(3) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $172,177,000.
(4) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $226,126,000; and
(B) for the Air Force Reserve, $103,169,000.

SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2463), the authorizations set forth in
the table in subsection (b), as provided in section 2601 of that Act,
shall remain in effect until October 1, 2010, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2011, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Fresno.................... AVCRAD Add/Alt, PH I...... $30,000,000
New Jersey.............................. Lakehurst................. Consolidated Logistics $20,024,000
Training Facility, PH II.
----------------------------------------------------------------------------------------------------------------

SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECT.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), the authorization set forth in the
table in subsection (b), as provided in section 2601 of that Act (119
Stat. 3501) and extended by section 2608 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4710), shall remain in effect until October 1, 2010, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2011, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Montana................................. Townsend.................. Automated Qualification $2,532,000
Training Range.
----------------------------------------------------------------------------------------------------------------

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

Sec. 2711. Use of economic development conveyances to implement base
closure and realignment property
recommendations.
Subtitle C--Other Matters

Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $536,768,000, as follows:
(1) For the Department of the Army, $133,723,000.
(2) For the Department of the Navy, $228,000,000.
(3) For the Department of the Air Force, $172,364,000.
(4) For the Defense Agencies, $2,681,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $5,934,740,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 2005.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $7,129,498,000, as follows:
(1) For the Department of the Army, $4,081,037,000.
(2) For the Department of the Navy, $591,572,000.
(3) For the Department of the Air Force, $418,260,000.
(4) For the Defense Agencies, $2,038,629,000.

Subtitle B--Amendments to Base Closure and Related Laws

SEC. 2711. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO IMPLEMENT BASE
CLOSURE AND REALIGNMENT PROPERTY RECOMMENDATIONS.

(a) Economic Redevelopment Conveyance Authority.--Subsection (b)(4)
of section 2905 of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended--
(1) in subparagraph (A), by striking ``job generation'' and
inserting ``economic redevelopment'';
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Real or personal property at a military installation shall be
conveyed, without consideration, under subparagraph (A) to the
redevelopment authority with respect to the installation if the
authority--
``(i) agrees that the proceeds from any sale or lease of
the property (or any portion thereof) received by the
redevelopment authority during at least the first seven years
after the date of the initial transfer of the property under
subparagraph (A) or the completion of the initial redevelopment
of the property, whichever is earlier, shall be used to support
the economic redevelopment of, or related to, the installation;
and
``(ii) executes the agreement for transfer of the property
and accepts control of the property within a reasonable time
after the requirements associated with subsection (c) are
satisfied.''; and
(3) in subparagraph (C), by adding at the end the following
new clause:
``(xiii) Environmental restoration, waste management, and
environmental compliance activities provided pursuant to
subsection (e).''.
(b) Recoupment Authority.--Subsection (b)(4)(D) of such section is
amended--
(1) by striking ``The Secretary'' and inserting ``At the
conclusion of the period specified in subparagraph (B)
applicable to an installation, the Secretary''; and
(2) by striking ``for the period specified in subparagraph
(B)'' and inserting ``before the conclusion of such period''.
(c) Regulations and Report Concerning Property Conveyances.--
(1) Regulations.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations to implement the amendments made by this
section to support the conveyance of surplus real and personal
property at closed or realigned military installations to local
redevelopment authorities for economic development purposes.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report regarding the status of current and
anticipated economic development conveyances involving surplus
real and personal property at closed or realigned military
installations, projected job creation as a result of the
conveyances, community reinvestment, and progress made as a
result of the implementation of the amendments made by this
section.

Subtitle C--Other Matters

SEC. 2721. SENSE OF CONGRESS ON ENSURING JOINT BASING RECOMMENDATIONS
DO NOT ADVERSELY AFFECT OPERATIONAL READINESS.

It is the sense of Congress that, in implementing the joint basing
recommendations of the Defense Base Closure and Realignment Commission
contained in the report of the Commission transmitted to Congress on
September 15, 2005, under section 2903(e) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), the Secretary of Defense should ensure that
the joint basing of military installations at any of the recommended
locations does not adversely impact--
(1) the ability of commanders, and the units of the Armed
Forces under their command, to perform their operational
missions;
(2) the command and control of commanders at each military
installation that has an operational mission requirement; and
(3) the readiness of the units of the Armed Forces under
their command.

SEC. 2722. MODIFICATION OF CLOSURE INSTRUCTIONS REGARDING PAUL DOBLE
ARMY RESERVE CENTER, PORTSMOUTH, NEW HAMPSHIRE.

With respect to the closure of the Paul Doble Army Reserve Center
in Portsmouth, New Hampshire, and relocation of units to a new reserve
center and associated training and maintenance facilities, the new
reserve center and associated training and maintenance facilities may
be located adjacent to or in the vicinity of Pease Air National Guard
Base.

SEC. 2723. SENSE OF CONGRESS REGARDING TRAFFIC MITIGATION IN VICINITY
OF NATIONAL NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, IN
RESPONSE TO INSTALLATION EXPANSION.

Given the anticipated significant increases in local traffic in the
vicinity of the National Naval Medical Center, Bethesda, Maryland, and
the unusual impact that such traffic increases will have on the
surrounding community due to the planned expansion of the installation,
it is the sense of Congress that--
(1) multiple methods are available to the Department of
Defense to implement the defense access roads program (section
210 of title 23, United States Code) to help alleviate traffic
congestion, including expansion of adjacent highways,
improvements to nearby intersections, on-base queuing options,
and multi-modal expansion, including expanded support of buses
and subways and other measures; and
(2) all of the efforts to alleviate the significant traffic
impact need to be pursued to ensure readily available access to
health care at the installation.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CONSTRUCTION AUTHORITIES.

(a) Repeal of Limitations on Exercise-related Projects Overseas.--
Section 2805 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(1) Except as provided in
paragraph (2), within'' and inserting ``Within'';
(B) by striking paragraph (2); and
(C) by striking ``An unspecified'' and inserting
the following:
``(2) An unspecified''; and
(2) in subsection (c)--
(A) by striking ``Except as provided in paragraphs
(2) and (3)'' and inserting ``Except as provided in
paragraph (2)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
(b) Laboratory Revitalization.--
(1) Revitalization authorized.--Subsection (d) of such
section is amended--
(A) in paragraph (1)(B), by inserting ``or from
funds authorized to be available under section 219(a)
of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C.
2358 note)'' after ``authorized by law'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5), respectively.
(2) Mechanisms to provide funds for revitalization.--
Section 219(a)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2358 note) is amended by adding at the end the following
new subparagraph:
``(D) To fund the revitalization and
recapitalization of the laboratory pursuant to section
2805(d) of title 10, United States Code.''.

SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY REPAIR PROJECTS
CARRIED OUT USING OPERATION AND MAINTENANCE FUNDS.

Section 2811(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end; and
(2) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) if the current estimate of the cost of the repair
project exceeds 50 percent of the estimated cost of a military
construction project to replace the facility, an explanation of
the reasons why replacement of the facility is not in the best
interest of the Government; and
``(3) a description of the elements of military
construction, including the elements specified in section
2802(b) of this title, incorporated into the repair project.''.

SEC. 2803. AUTHORIZED SCOPE OF WORK VARIATIONS FOR MILITARY
CONSTRUCTION PROJECTS AND MILITARY FAMILY HOUSING
PROJECTS.

(a) Authorized Process to Increase Scope of Work.--Section 2853 of
title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``Except'' and inserting
``Limitation on Scope of Work Variations.--(1)
Except''; and
(B) by adding at the end the following new
paragraph:
``(2) Except as provided in subsection (c), the scope of work for a
military construction project or for the construction, improvement, and
acquisition of a military family housing project may not be increased
beyond the amount approved for that project, construction, improvement,
or acquisition by Congress.''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``scope reduction in subsection (b) does not
apply if the variation in cost or reduction'' and
inserting ``scope of work variations in subsection (b)
does not apply if the variation in cost or the
variation''; and
(B) in paragraph (1), by striking ``reduction''
both places it appears and inserting ``variation''.
(b) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Limitation on Cost
Variations.--'' before ``Except'';
(2) in subsection (c), by inserting ``Exception; Notice-
and-wait Requirements.--'' after ``(c)''; and
(3) in subsection (d), by inserting ``Additional Exception
to Limitation on Cost Variations.--'' after ``(d)''.

SEC. 2804. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF RESERVE
COMPONENT FACILITIES BE AUTHORIZED BY LAW.

Section 18233(a)(1) of title 10, United States Code, is amended by
striking ``as he determines to be necessary'' and inserting ``as are
authorized by law''.

SEC. 2805. REPORT ON DEPARTMENT OF DEFENSE CONTRIBUTIONS TO STATES FOR
ACQUISITION, CONSTRUCTION, EXPANSION, REHABILITATION, OR
CONVERSION OF RESERVE COMPONENT FACILITIES.

(a) Report Required.--Not later than March 1, 2010, the Secretary
of Defense shall submit to the congressional defense committees a
report specifying, for each of fiscal years 2005 through 2009, the
total amount of contributions made by the Secretary to each State under
the authority of paragraphs (2) through (6) of section 18233(a) of
title 10, United States Code, for reserve component facilities. The
amounts contributed under each of such paragraphs for each State shall
be specified separately.
(b) Definitions.--In this section, the terms ``State'' and
``facility'' have the meanings given those terms in section 18232 of
such title.

SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS INSIDE THE UNITED STATES CENTRAL
COMMAND AREA OF RESPONSIBILITY.

(a) One-year Extension of Authority.--Section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723), as most recently amended by
section 2806 of the Military Construction Authorization Act for Fiscal
Year 2009 (division B of Public Law 110-417; 112 Stat. 4724), is
amended--
(1) in subsection (a), by striking ``During fiscal year
2004'' and all that follows through ``obligate'' and inserting
``The Secretary of Defense may obligate''; and
(2) by adding at the end the following new subsection:
``(h) Expiration of Authority.--The authority to obligate funds
under this section expires on September 30, 2010.''.
(b) Geographic Area of Authority.--Subsection (a) of such section
is further amended by striking ``and United States Africa Command areas
of responsibility'' and inserting ``area of responsibility''.
(c) Annual Funding Limitation on Use of Authority; Exception.--
Subsection (c) of such section is amended by striking paragraph (2) and
inserting the following new paragraph:
``(2) Notwithstanding paragraph (1), the Secretary of Defense may
authorize the obligation under this section of not more than an
additional $10,000,000 of appropriated funds available for operation
and maintenance for a fiscal year if the Secretary determines that the
additional funds are needed for costs associated with contract
closeouts.''.
(d) Clerical Amendment to Correct Reference to Congressional
Committee.--Subsection (f) of such section is amended by striking
``Subcommittees on Defense and Military Construction'' both places it
appears and inserting ``Subcommittee on Defense and the Subcommittee on
Military Construction, Veterans Affairs, and Related Agencies''.

SEC. 2807. EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE.

(a) Expansion of Initiative.--Not later than September 30, 2011,
the Secretary of the Army shall expand the First Sergeants Barracks
Initiative (FSBI) to include all Army installations in order to improve
the quality of life and living environments for single soldiers.
(b) Progress Reports.--Not later than February 15, 2010, and
February 15, 2011, the Secretary of the Army shall submit to the
congressional defense committees a report describing the progress made
in expanding the First Sergeants Barracks Initiative to all Army
installations.

SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR MILITARY
UNACCOMPANIED HOUSING.

(a) Secretary of Defense Report.--Not later than March 31, 2010,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing--
(1) an evaluation of the process by which the Secretary
develops, implements, and oversees housing privatization
transactions involving military unaccompanied housing;
(2) recommendations regarding additional opportunities for
members of the Armed Forces to utilize housing privatization
transactions involving military unaccompanied housing; and
(3) an evaluation of the impact of a prohibition on
civilian occupancy of such housing on the ability to secure
private partners for such housing privatization transactions.
(b) Comptroller General Report.--Not later than March 31, 2010, the
Comptroller General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report evaluating the
feasibility and cost of privatizing military unaccompanied housing for
all members of the Armed Forces.
(c) Housing Privatization Transaction Defined.--In this section,
the term ``housing privatization transaction'' means any contract or
other transaction for the construction or acquisition of military
unaccompanied housing entered into under the authority of subchapter IV
of chapter 169 of title 10, United States Code.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. IMPOSITION OF REQUIREMENT THAT LEASES OF REAL PROPERTY TO
THE UNITED STATES WITH ANNUAL RENTAL COSTS OF MORE THAN
$750,000 BE AUTHORIZED BY LAW.

(a) Authorization Required.--Section 2661 of title 10, United
States Code, is amended by inserting after subsection (b) the following
new subsection:
``(c) Authorization of Certain Leases to the United States Required
by Law.--If the estimated annual rental in connection with a proposed
lease of real property to the United States is more than $750,000, the
Secretary of a military department or, with respect to a Defense
Agency, the Secretary of Defense may enter into the lease or utilize
the General Services Administration to enter into the lease on the
Secretary's behalf only if the lease is specifically authorized by
law.''.
(b) Repeal of Notice and Wait Requirements Regarding Such Leases.--
(1) Repeal.--Section 2662 of such title is amended--
(A) in subsection (a)(1)--
(i) by striking subparagraph (B); and
(ii) by redesignating subparagraphs (C)
through (G) as subparagraphs (B) through (F),
respectively; and
(B) by striking subsection (e).
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (a)(2)--
(i) by striking ``or (B)'';
(ii) by striking ``or leases to be made'';
and
(iii) by striking ``subparagraph (E)'' and
inserting ``subparagraph (D)''; and
(B) in subsection (g)--
(i) in paragraph (1), by striking ``, and
the reporting requirement set forth in
subsection (e) shall not apply with respect to
a real property transaction otherwise covered
by that subsection,''; and
(ii) in paragraph (3), by striking ``or
(e), as the case may be''.

SEC. 2812. CONSOLIDATION OF NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO
LEASES OF REAL PROPERTY OWNED BY THE UNITED STATES.

(a) Notice-and-wait Requirements.--Section 2662 of title 10, United
States Code, as amended by section 2811(b), is further amended by
inserting after subsection (d) the following new subsection:
``(e) Additional Reporting Requirements Regarding Leases of Real
Property Owned by the United States.--(1) In the case of a proposed
lease or license of real property owned by the United States covered by
paragraph (1)(B) of subsection (a), the Secretary of a military
department or the Secretary of Defense may not issue a contract
solicitation or other lease offering with regard to the transaction
unless the Secretary complies with the notice-and wait requirements of
paragraph (3) of such subsection. The monthly report under such
paragraph shall include the following with regard to the proposed
transaction:
``(A) A description of the proposed transaction, including
the proposed duration of the lease or license.
``(B) A description of the authorities to be used in
entering into the transaction and the intended participation of
the United States in the lease or license, including a
justification of the intended method of participation.
``(C) A statement of the scored cost of the transaction,
determined using the scoring criteria of the Office of
Management and Budget.
``(D) A determination that the property involved in the
transaction is not excess property, as required by section
2667(a)(3) of this title, including the basis for the
determination.
``(E) A determination that the proposed transaction is
directly compatible with the mission of the military
installation or Defense Agency at which the property is located
and a description of the anticipated long-term use of the
property at the conclusion of the lease or license.
``(F) A description of the requirements or conditions
within the contract solicitation or other lease offering for
the offeror to address taxation issues, including payments-in-
lieu-of taxes, and other development issues related to local
municipalities.
``(2) The Secretary of a military department or the Secretary of
Defense may not enter into the actual lease or license with respect to
property for which the information required by paragraph (1) was
submitted in a monthly report under subsection (a)(3) unless the
Secretary again complies with the notice-and wait requirements of such
subsection. The subsequent monthly report shall include the following
with regard to the proposed transaction:
``(A) A cross reference to the prior monthly report that
contained the information submitted under paragraph (1) with
respect to the transaction.
``(B) A description of the differences between the
information submitted under paragraph (1) and the information
regarding the transaction being submitted in the subsequent
report.
``(C) A description of the payment to be required in
connection with the lease or license, including a description
of any in-kind consideration that will be accepted.
``(D) A description of any community support facility or
provision of community support services under the lease or
license, regardless of whether the facility will be operated by
a covered entity (as defined in section 2667(d) of this title)
or the lessee or the services will be provided by a covered
entity or the lessee.
``(E) A description of the competitive procedures used to
select the lessee or, in the case of a lease involving the
public benefit exception authorized by section 2667(h)(2) of
this title, a description of the public benefit to be served by
the lease.
``(F) If the proposed lease or license involves a project
related to energy production, and the term of the lease or
license exceeds 20 years, a certification that the project is
consistent with the Department of Defense performance goals and
plan required by section 2911 of this title.''.
(b) Exception for Leases Under Base Closure Process.--Subsection
(a)(1)(B) of such section, as redesignated by section 2821(b), is
amended by inserting after ``United States'' the following: ``(other
than a lease or license entered into under section 2667(g) of this
title)''.
(c) Conforming Amendments to Lease of Non-excess Property
Authority.--Section 2667 of such title is amended--
(1) in subsection (c), by striking paragraph (4);
(2) in subsection (d), by striking paragraph (6); and
(3) in subsection (h)--
(A) by striking paragraphs (3) and (5); and
(B) by redesignating paragraph (4) as paragraph
(3).

SEC. 2813. CLARIFICATION OF AUTHORITY OF MILITARY DEPARTMENTS TO
ACQUIRE LOW-COST INTERESTS IN LAND AND INTERESTS IN LAND
WHEN NEED IS URGENT.

Section 2664(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``No military''; and
(2) by striking ``The foregoing limitation shall not apply
to the acceptance'' and inserting the following:
``(2) Paragraph (1) shall not apply to the following:
``(A) The acquisition of low-cost interests in land, as
authorized by section 2663(c) of this title.
``(B) The acquisition of interests in land when the need is
urgent, as authorized by section 2663(d) of this title.
``(C) The acceptance''.

SEC. 2814. MODIFICATION OF UTILITY SYSTEMS CONVEYANCE AUTHORITY.

(a) Clarification of Required Determination That Conveyance Reduce
Long-term Costs.--Paragraph (2)(A)(ii) of subsection (a) of section
2688 of title 10, United States Code, is amended by striking ``system;
and'' and inserting the following: ``system--
``(I) by 10 percent of the long-term cost
for provision of those utility services in the
agency tender, for periods of performance
specified in subsection (d)(1); or
``(II) 20 percent of the long-term cost for
provision of those utility services in the
agency tender, for periods of performance
specified in subsection (d)(2); and''.
(b) Limitation on Repeated Use of Authority for Same Utility
System.--Such subsection is further amended by adding at the end the
following new paragraph:
``(3) If, as a result of the economic analysis required by
paragraph (2)(A), the Secretary concerned determines that a utility
system, or part of a utility system, is not eligible for conveyance
under this subsection, the Secretary concerned may not reconsider the
utility system, or part of a utility system, for conveyance under this
subsection or for conversion to contractor operation under section 2461
of this title for a period of five years beginning on the date of the
determination. In addition, if the results of a public-private
competition for conversion of a utility system, or part of a utility
system, to operation by a contractor favors continued operation by
civilian employees of the Department of Defense, the Secretary
concerned may not reconsider the utility system, or part of a utility
system, for conversion under such section or for conveyance under this
subsection for a period of five years beginning on the date of the
completion of the public-private competition.''.

SEC. 2815. DECONTAMINATION AND USE OF FORMER BOMBARDMENT AREA ON ISLAND
OF CULEBRA.

Section 204 of the Military Construction Authorization Act, 1974
(Public Law 93-166; 87 Stat. 668) is amended by striking subsection
(c).

SEC. 2816. DISPOSAL OF EXCESS PROPERTY OF ARMED FORCES RETIREMENT HOME.

Section 1511(e)(3) of the Armed Forces Retirement Home Act of 1991
(24 U.S.C. 411(e)(3)) is amended--
(1) by striking the first sentence and inserting the
following new sentence: ``If the Secretary of Defense
determines that any property of the Retirement Home is excess
to the needs of the Retirement Home, the Secretary shall
dispose of the property in accordance with subchapter III of
chapter 5 of title 40, United States Code (40 U.S.C. 541 et
seq.).''; and
(2) by striking the last sentence.

SEC. 2817. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT CLEANUP EFFORTS AT
FORMER ALMADEN AIR FORCE STATION, CALIFORNIA.

(a) Acceptance of Contributions; Purpose.--The Secretary of the Air
Force may accept contributions from other Federal entities, the State
of California, and other entities, both public and private, for the
purposes of helping to cover the costs of--
(1) demolition of property at former Almaden Air Force
Station, California; and
(2) environmental remediation and restoration and other
efforts to further the ultimate end use of the property for
conservation and recreation purposes.
(b) Availability.--Amounts received as contributions under
subsection (a) may be merged with other amounts available to the
Secretary to carry out the purposes described in such subsection and
shall be available, in such amounts as may be provided in advance in
appropriation Act, for such purposes.

SEC. 2818. LIMITATION ON ESTABLISHMENT OF NAVY OUTLYING LANDING FIELDS.

(a) Limitation.--The Secretary of the Navy may not establish an
outlying landing field at a proposed location to be used by naval
aircraft if, within 90 days after the issuance of the final
environmental assessment or environmental impact statement regarding
the proposed location pursuant to section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the Secretary
determines that the governmental body of the political subdivision of a
State containing the proposed location is formally opposed to the
establishment of the outlying landing field.
(b) Exception.--Subsection (a) shall not apply if Congress enacts a
law authorizing the Secretary to proceed with the outlying landing
field notwithstanding the local government action.

SEC. 2819. PROHIBITION ON OUTLYING LANDING FIELD AT SANDBANKS OR HALE'S
LAKE, NORTH CAROLINA, FOR OCEANA NAVAL AIR STATION.

The Secretary of the Navy may not establish, consider the
establishment of, or purchase land, construct facilities, implement
bird management plans, or conduct any other activities that would
facilitate the establishment of, an outlying landing field at either of
the proposed sites in North Carolina, Sandbanks or Hale's Lake, to
support field carrier landing practice for naval aircraft operating out
of Oceana, Naval Air Station, Virginia.

SEC. 2820. SELECTION OF MILITARY INSTALLATIONS TO SERVE AS LOCATIONS OF
BRIGADE COMBAT TEAMS.

In selecting the military installations at which brigade combat
teams will be stationed, which previously included Fort Bliss, Texas,
Fort Carson, Colorado, and Fort Stewart, Georgia, the Secretary of the
Army shall take into consideration the availability and proximity of
training spaces for the units and the capacity of the installations to
support the units.

SEC. 2821. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL
COMMUNITIES FOR DEVELOPMENT OF PUBLIC INFRASTRUCTURE
DIRECTLY SUPPORTING EXPANSION OF MILITARY INSTALLATIONS.

Paragraph (3) of section 2391(d) of title 10, United States Code,
is amended to read as follows:
``(3) The terms `community adjustment' and `economic
diversification' may include--
``(A) the development of feasibility studies and
business plans for market diversification within a
community adversely affected by an action described in
subparagraph (A), (B), (C), or (E) of subsection (b)(1)
by adversely affected businesses and labor
organizations located in the community; and
``(B) the development of public infrastructure that
directly supports the expansion activities described in
subparagraph (A) of subsection (b)(1).''.

SEC. 2822. COMPTROLLER GENERAL REPORT ON NAVY SECURITY MEASURES FOR
LAURELWOOD HOUSING COMPLEX, NAVAL WEAPONS STATION, EARLE,
NEW JERSEY.

Not later than 180 days after the date of the enactment of this
Act, the Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report containing
a cost analysis and audit of the sufficiency of the Navy's security
measures in advance of the proposed occupancy by the general public of
units of the Laurelwood Housing complex on Naval Weapons Station,
Earle. The report shall include an estimate of costs to be incurred by
Federal, State, and local government agencies in the following areas:
(1) Security and safety procedures.
(2) Land/utilities management and services.
(3) Educational assistance.
(4) Emergency services.
(5) Community services.
(6) Environmental services.

Subtitle C--Provisions Related to Guam Realignment

SEC. 2831. ROLE OF UNDER SECRETARY OF DEFENSE FOR POLICY IN MANAGEMENT
AND COORDINATION OF DEPARTMENT OF DEFENSE ACTIVITIES
RELATING TO GUAM REALIGNMENT.

Section 134 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) Until September 30, 2019, the Under Secretary shall have
responsibility for coordinating the activities of the Department of
Defense in connection with the realignment of military installations
and the relocation of military personnel on Guam (in this subsection
referred to as the `Guam realignment').
``(2) The Joint Guam Program Office shall report directly to the
Under Secretary in carrying out its activities in connection with the
Guam realignment.
``(3) In carrying out the responsibilities assigned by paragraph
(1), the Under Secretary shall coordinate with the National Security
Advisor and serve as the official representative of the Secretary of
Defense at meetings of the Interagency Group on Insular Areas, which
was established by Executive Order No. 13299 of May 12, 2003 (68 Fed.
Reg. 25477; 48 U.S.C. note prec. 1451), and any sub-group or working
group of that interagency group.
``(4) The Under Secretary shall remain the primary lead within the
Department of Defense for coordination with the Secretary of State on
all matters concerning the implementation of the agreement entitled
`Agreement between the Government of the United States of America and
the Government of Japan concerning the Implementation of the Relocation
of the III Marine Expeditionary Force Personnel and their Dependents
from Okinawa to Guam'.
``(5) The assignment of responsibilities by paragraph (1) does not
confer upon the Under Secretary the authority to control funds made
available to the military departments for the Guam realignment. The
Joint Guam Program Office shall remain as the primary coordinator of
the resources provided by each military department involved in the Guam
realignment.''.

SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL PURPOSE ENTITIES TO
ASSIST WITH GUAM REALIGNMENT.

(a) Special Purpose Entity Defined.--In this section, the term
``special purpose entity'' means a wholly independent entity
established for a specific and limited purpose to facilitate the
realignment of military installations and the relocation of military
personnel on Guam.
(b) Report on Implementation Guidance for Special Purpose
Entities.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the implementation guidance developed regarding the
use of special purpose entities to assist with the realignment
of military installations and the relocation of military
personnel on Guam.
(2) Notice and wait.--The Secretary of Defense may not
authorize the use of the implementation guidance referred to in
paragraph (1) until the end of the 30-day period (15-day period
if the report is submitted electronically) beginning on the
date on which the report required by such paragraph is
submitted.
(c) Applicability of Unified Facilities Criteria.--
(1) Applicability to section 2350k contributions.--Section
2824(c)(4) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 10 U.S.C.
2687 note) is amended by adding at the end the following new
subparagraph:
``(D) Applicability of unified facilities
criteria.--The unified facilities criteria promulgated
by the Under Secretary of Defense for Acquisition,
Technology, and Logistics and dated May 29, 2002, or
any successor to such criteria shall apply to the
obligation of contributions referred to in subsection
(b)(1) for a transaction authorized by paragraph
(1).''.
(2) Applicability to special purpose entity
contributions.--The unified facilities criteria promulgated by
the Under Secretary of Defense for Acquisition, Technology, and
Logistics and dated May 29, 2002, or any successor to such
criteria shall apply to the obligation of contributions
provided by a special purpose entity.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing an
evaluation of various options, including a preferred option,
that the Secretary could utilize to comply with the unified
facilities criteria referred to in paragraph (2) in the
acquisition of military housing on Guam in connection with the
realignment of military installations and the relocation of
military personnel on Guam. The report shall specifically
consider increasing the overseas housing allowance for members
of the Armed Forces serving on Guam and providing a direct
Federal subsidy to public-private ventures.
(d) Sense of Congress on Scope of Utility Infrastructure
Improvements.--Section 2821 of the Military Construction Authorization
Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4729) is amended--
(1) by redesignating subsection (c) as subsection (b); and
(2) in such subsection, by striking ``should incorporate
the civilian and military infrastructure into a single grid to
realize and maximize the effectiveness of the overall utility
system'' and inserting ``should support proposed utility
infrastructure improvements on Guam that incorporate the
civilian and military infrastructure into a single grid to
realize and maximize the effectiveness of the overall utility
system, rather than simply supporting one or more military
installations''.

SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY CONSTRUCTION AND
CERTAIN OTHER TRANSACTIONS ON GUAM.

(a) Prevailing Wage Requirements.--Subsection (c) of section 2824
of the Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 10 U.S.C. 2687 note) is amended by
adding at the end the following new paragraph:
``(5) Application of prevailing wage requirements.--
``(A) Application; relation to wage rates in
hawaii.--The requirements of subchapter IV of chapter
31 of title 40, United States Code, shall apply to any
military construction project or other transaction
authorized by paragraph (1) that is carried out on Guam
using contributions referred to in subsection (b)(1) or
appropriated funds, except that the wage rates
determined pursuant to such subchapter for Guam may not
be less than the lowest wage rates determined for the
applicable class of laborer or mechanic on projects or
transactions of a similar character under such
subchapter for Hawaii.
``(B) Secretary of labor authorities.--In order to
carry out the requirements of subparagraph (A) and
paragraph (6) (relating to composition of workforce for
construction projects), the Secretary of Labor shall
have the authority and functions set forth in
Reorganization Plan Number 14 of 1950 and section 3145
of title 40, United States Code.
``(C) Addition to weekly statement on the wages
paid.--In the case of projects and other transactions
covered by subparagraph (A), the weekly statement
required by section 3145 of title 40, United States
Code, shall also identify each employee working on the
project or transaction who holds a visa issued under
section 101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
``(D) Duration of requirements.--The Secretary of
Labor shall make and issue a wage rate determination
for Guam annually until 90 percent of the funds in the
Account and other funds made available for the
realignment of military installations and the
relocation of military personnel on Guam have been
expended.''.
(b) Reporting Requirements Regarding Support of Construction
Workforce.--Subsection (e) of such section is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) Military construction information.--Not later than'';
and
(2) by adding at the end the following new paragraph:
``(2) Construction workforce information.--The annual
report shall also include an assessment of the living standards
of the construction workforce employed to carry out military
construction projects covered by the report, including, at a
minimum, the adequacy of contract standards and infrastructure
that support temporary housing the construction workforce and
their medical needs.''.

SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUCTION PROJECTS FUNDED
THROUGH THE SUPPORT FOR UNITED STATES RELOCATION TO GUAM
ACCOUNT.

(a) Composition of Workforce.--Section 2824(c) of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 10 U.S.C. 2687 note) is amended by inserting after
paragraph (5), as added by section 2833, the following new paragraph:
``(6) Composition of workforce for construction projects.--
``(A) Percentage limitation.--With respect to each
construction project for which ground-breaking occurs
before October 1, 2011, and that is carried out using
amounts described in subparagraph (B), not more than 30
percent of the total hours worked per month on the
construction project may be performed by persons
holding visas issued under section 101(a)(15)(H)(ii)(b)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)).
``(B) Source of funds.--Subparagraph (A) applies
to--
``(i) amounts in the Account used for
projects associated with the realignment of
military installations and the relocation of
military personnel on Guam;
``(ii) funds associated with activities
under section 2821 of this Act; and
``(iii) funds for authorized military
construction projects.
``(C) Solicitation of workers.--In order to ensure
compliance with subparagraph (A), as a condition of a
contract covered by such subparagraph, the contractor
shall be required to advertise and solicit for
construction workers in the United States, including
territories in the Pacific region, in accordance with a
recruitment plan created by the Secretary of Labor. The
contractor shall submit a copy of the employment offer,
including a description of wages and other terms and
conditions of employment, to the Secretary of Labor.
The contractor shall authorize the Secretary of Labor
to post a notice of the employment offer on a website,
with State and local job banks, with State workforce
agencies, and with unemployment agencies and other
referral and recruitment sources pertinent to the
employment opportunity.''.
(b) Reporting Requirements.--
(1) Secretary of defense.--Not later than June 30, 2010,
the Secretary of Defense shall submit to the congressional
committees specified in paragraph (3) a report containing an
assessment of efforts to establish a Project Labor Agreement
for construction projects associated with the Guam realignment
as encouraged by Executive Order 13502, entitled ``Use of
Project Labor Agreements for Federal Construction Projects''
(74 Fed. Reg. 6985), as a means of complying with the
requirements of paragraph (6) of section 2824(c) of the
Military Construction Authorization Act for Fiscal Year 2009,
as added by subsection (a).
(2) Secretary of labor.--Not later than June 30, 2010, the
Secretary of Labor shall submit to the congressional committees
specified in paragraph (3) a report containing an assessment
of--
(A) the opportunities to expand the recruitment of
construction workers in the United States, including
territories in the Pacific region, to support the
realignment of military installations and the
relocation of military personnel on Guam, consistent
with the requirements of paragraph (6) of section
2824(c) of the Military Construction Authorization Act
for Fiscal Year 2009, as added by subsection (a);
(B) the ability of labor markets to support the
Guam realignment; and
(C) the sufficiency of efforts to recruit United
States construction workers.
(3) Covered congressional committees.--The reports required
by this subsection shall be submitted to the congressional
defense committees, the Committee on Education and Labor of the
House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate.

SEC. 2835. INTERAGENCY COORDINATION GROUP OF INSPECTOR GENERALS FOR
GUAM REALIGNMENT.

(a) Interagency Coordination Group.--There is hereby established
the Interagency Coordination Group of Inspector Generals for Guam
Realignment (in this section referred to as the ``Interagency
Coordination Group'')--
(1) to provide for the objective conduct and supervision of
audits and investigations relating to the programs and
operations funded with amounts appropriated or otherwise made
available for military construction on Guam in connection with
the realignment of military installations and the relocation of
military personnel on Guam; and
(2) to provide for coordination of, and recommendations on,
policies designed to--
(A) promote economic efficiency, and effectiveness
in the administration of the programs and operations
described in paragraph (1); and
(B) prevent and detect waste, fraud, and abuse in
such programs and operations.
(b) Membership.--
(1) Chairperson.--The Inspector General of the Department
of Defense shall serve as chairperson of the Interagency
Coordination Group.
(2) Additional members.--Additional members of the
Interagency Coordination Group shall include the Inspector
General of the Department of Interior and Inspectors General of
such other Federal agencies as the chairperson considers
appropriate to carry out the duties of the Interagency
Coordination Group.
(c) Duties.--
(1) Oversight of guam construction.--It shall be the duty
of the Interagency Coordination Group to conduct, supervise,
and coordinate audits and investigations of the treatment,
handling, and expenditure of amounts appropriated or otherwise
made available for military construction on Guam and of the
programs, operations, and contracts carried out utilizing such
funds, including--
(A) the oversight and accounting of the obligation
and expenditure of such funds;
(B) the monitoring and review of construction
activities funded by such funds;
(C) the monitoring and review of contracts funded
by such funds;
(D) the monitoring and review of the transfer of
such funds and associated information between and among
departments, agencies, and entities of the United
States and private and nongovernmental entities;
(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such fund; and
(F) the monitoring and review of the implementation
of the Defense Posture Review Initiative relating to
the realignment of military installations and the
relocation of military personnel on Guam.
(2) Other duties related to oversight.--The Interagency
Coordination Group shall establish, maintain, and oversee such
systems, procedures, and controls as the Interagency
Coordination Group considers appropriate to discharge the
duties under paragraph (1).
(3) Oversight plan.--The chairperson of the Interagency
Coordination Group shall prepare an annual oversight plan
detailing planned audits and reviews related to the Guam
realignment.
(d) Assistance From Federal Agencies.--
(1) Provision of assistance.--Upon request of the
Interagency Coordination Group for information or assistance
from any department, agency, or other entity of the Federal
Government, the head of such entity shall, insofar as is
practicable and not in contravention of any existing law,
furnish such information or assistance to the Interagency
Coordination Group.
(2) Reporting of refused assistance.--Whenever information
or assistance requested by the Interagency Coordination Group
is, in the judgment of the chairperson of the Interagency
Coordination Group, unreasonably refused or not provided, the
chairperson shall report the circumstances to the Secretary of
Defense and to the congressional defense committees without
delay.
(e) Reports.--
(1) Annual reports.--Not later than February 1 of each
year, the chairperson of the Interagency Coordination Group
shall submit to the congressional defense committees, the
Secretary of Defense, and the Secretary of the Interior a
report summarizing, for the preceding calendar year, the
activities of the Interagency Coordination Group during such
year and the activities under programs and operations funded
with amounts appropriated or otherwise made available for
military construction on Guam. Each report shall include, for
the year covered by the report, a detailed statement of all
obligations, expenditures, and revenues associated with such
construction, including the following:
(A) Obligations and expenditures of appropriated
funds.
(B) A project-by-project and program-by-program
accounting of the costs incurred to date for military
construction in connection with the realignment of
military installations and the relocation of military
personnel on Guam, together with the estimate of the
Department of Defense and the Department of the
Interior, as applicable, of the costs to complete each
project and each program.
(C) Revenues attributable to or consisting of funds
contributed by the Government of Japan in connection
with the realignment of military installations and the
relocation of military personnel on Guam and any
obligations or expenditures of such revenues.
(D) Operating expenses of agencies or entities
receiving amounts appropriated or otherwise made
available for military construction on Guam.
(E) In the case of any contract, grant, agreement,
or other funding mechanism described in paragraph (2)--
(i) the amount of the contract, grant,
agreement, or other funding mechanism;
(ii) a brief discussion of the scope of the
contract, grant, agreement, or other funding
mechanism;
(iii) a discussion of how the department or
agency of the United States Government involved
in the contract, grant, agreement, or other
funding mechanism identified, and solicited
offers from, potential individuals or entities
to perform the contract, grant, agreement, or
other funding mechanism, together with a list
of the potential individuals or entities that
were issued solicitations for the offers; and
(iv) the justification and approval
documents on which was based the determination
to use procedures other than procedures that
provide for full and open competition.
(2) Covered contracts, grants, agreements, and funding
mechanisms.--A contract, grant, agreement, or other funding
mechanism described in this paragraph is any major contract,
grant, agreement, or other funding mechanism that is entered
into by any department or agency of the United States
Government that involves the use of amounts appropriated or
otherwise made available for military construction on Guam with
any public or private sector entity.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex if the Interagency Coordination Group considers it
necessary.
(4) Rule of construction.--Nothing in this subsection shall
be construed to authorize the public disclosure of information
that is--
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense or national security or in the conduct of
foreign affairs; or
(C) a part of an ongoing criminal investigation.
(5) Submission of comments.--Not later than 30 days after
receipt of a report under paragraph (1), the Secretary of
Defense or the Secretary of the Interior may submit to the
congressional defense committees any comments on the matters
covered by the report as the Secretary concerned considers
appropriate. Any comments on the matters covered by the report
shall be submitted in unclassified form, but may include a
classified annex if the Secretary concerned considers it
necessary.
(f) Public Availability; Waiver.--
(1) Public availability.--The Interagency Coordination
Group shall publish on a publically-available Internet website
each report prepared under subsection (e). Any comments on the
report submitted under paragraph (5) of such subsection shall
also be published on such website.
(2) Waiver authority.--The President may waive the
requirement under paragraph (1) with respect to availability to
the public of any element in a report under subsection (e), or
any comment with respect to a report, if the President
determines that the waiver is justified for national security
reasons.
(3) Notice of waiver.--The President shall publish a notice
of each waiver made under this subsection in the Federal
Register no later than the date on which a report required
under subsection (e), or any comment under paragraph (5) of
such subsection, is submitted to the congressional defense
committees. The report and comments shall specify whether
waivers under this subsection were made and with respect to
which elements in the report or which comments, as appropriate.
(g) Definitions.--In this section:
(1) Amounts appropriated or otherwise made available.--The
term ``amounts appropriated or otherwise made available for
military construction on Guam'' includes amounts derived from
the Support for United States Relocation to Guam Account.
(2) Guam.--The term ``Guam'' includes any island in the
Northern Mariana Islands.
(h) Termination.--
(1) In general.--The Interagency Coordination Group shall
terminate upon the expenditure of 90 percent of all funds
appropriated or otherwise made available for Guam realignment.
(2) Final report.--Before the termination of the
Interagency Coordination Group pursuant to paragraph (1), the
chairperson of the Interagency Coordination Group shall prepare
and submit to the congressional defense committees a final
report containing--
(A) notice that the termination condition in
paragraph (1) has occurred; and
(B) a final forensic audit on programs and
operations funded with amounts appropriated or
otherwise made available for military construction on
Guam.

SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY REQUIREMENTS AS
CONDITION ON ACCEPTANCE OF REPLACEMENT FACILITY FOR
MARINE CORPS AIR STATION, FUTENMA, OKINAWA.

The Secretary of Defense may not accept, or authorize any other
official of the Department of Defense to accept, a replacement facility
in Okinawa for air operations conducted at Marine Corps Air Station,
Futenma, Okinawa, unless the Secretary certifies to the congressional
defense committees that the replacement facility satisfies at least
minimum Naval Aviation Safety requirements. The Secretary may not waive
any of these requirements.

SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE CORPS TRAINING
REQUIREMENTS IN ASIA-PACIFIC REGION.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of the Navy and the Joint Guam Program Office, shall
submit to the congressional defense committees a report on the training
requirements necessary for Marine Forces Pacific, the field command of
the Marine Corps within the United States Pacific Command.
(b) Contents of Report.--The report required under subsection (a)
shall contain each of the following:
(1) A description of the units of the Marine Corps expected
to be assigned on a permanent or temporary basis to Marine
Forces Pacific, including the type of unit, the organizational
element, the current location of the unit, and proposed
location for the unit.
(2) A description of the training requirements necessary to
sustain the current and planned realignment of forces according
to the agreement entitled ``Agreement between the Government of
the United States of America and the Government of Japan
concerning the Implementation of the Relocation of the III
Marine Expeditionary Force Personnel and their Dependents from
Okinawa to Guam''.
(3) A description of the potential effects of undertaking a
separate environmental impact study for expanded training
ranges in the Commonwealth of the Northern Mariana Islands and
for alternative training range options, including locations in
the Philippines, Thailand, Australia, and Japan.
(4) The rationale for conducting the Mariana Island Range
Complex environmental impact statement without including the
additional training requirements necessary to support the
additional realignment of Marine Corps units on Guam.
(5) A description of the strategic- and tactical-lift
requirements associated with Marine Forces Pacific, including
programming information regarding the intent of the Department
of Defense to eliminate deficiencies in the strategic-lift
capabilities.
(c) Sense of Congress.--It is the sense of Congress that an
evaluation of training requirements for Marine Forces Pacific--
(1) should be conducted and completed as soon as possible;
(2) should include a training analysis that, at a minimum,
reviews the capabilities required to support a Marine Air-
Ground Task Force; and
(3) should not impact the implementation of the recently
signed international agreement referred to in subsection
(b)(2).

Subtitle D--Energy Security

SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING AND MANAGEMENT SYSTEM
SPECIFICATION FOR MILITARY CONSTRUCTION AND MILITARY
FAMILY HOUSING ACTIVITIES.

(a) Adoption Required.--
(1) In general.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by inserting after section 2866
at the end the following new section:
``Sec. 2867. Energy monitoring and management system specification for
military construction and military family housing
activities
``(a) Adoption of Department-wide, Open Source, Energy Monitoring
and Management System Specification.--The Secretary of Defense shall
adopt an open source energy monitoring and management system
specification for use throughout the Department of Defense in
connection with a military construction project, military family
housing activity, or other activity under this chapter for the purpose
of monitoring and controlling the following with respect to the project
or activity:
``(1) Utilities and energy usage, including electricity,
gas, steam, and water usage.
``(2) Indoor environments, including temperature and
humidity levels.
``(3) Heating, ventilation, and cooling components.
``(4) Central plant equipment.
``(5) Renewable energy generation systems.
``(6) Lighting systems.
``(7) Power distribution networks.
``(b) Exclusion.--(1) The Secretary concerned may waive the
application of the energy monitoring and management system
specification adopted under subsection (a) with respect to a specific
military construction project, military family housing activity, or
other activity under this chapter if the Secretary determines that the
application of the specification to the project or activity is not life
cycle cost-effective.
``(2) The Secretary concerned shall notify the congressional
defense committees of any waiver granted under paragraph (1).''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III is amended inserting after the item
relating to section 2866 the following new item:

``2867. Energy monitoring and management system specification for
military construction and military family
housing activities.''.
(3) Deadline for adoption.--The Secretary of Defense shall
adopt the open source energy monitoring and management system
specification required by section 2867 of title 10, United
States Code, as added by paragraph (1), not later than 180 days
after the date of the enactment of this Act.
(b) Reporting Requirement.--Not later than 180 days after the date
of the enactment of the Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing the following
items:
(1) A contract specification that will implement the open
source energy monitoring and management system specification
required by section 2867 of title 10, United States Code, as
added by subsection (a).
(2) A description of the method to ensure compliance of the
Department of Defense information assurance certification and
accreditation process.
(3) An expected timeline for integration of existing
components with the energy monitoring and management system.
(4) A list of the justifications and authorizations
provided by the Department, pursuant to Federal Acquisition
Regulations Chapter 6.3, relating to Other Than Full and Open
Competition, for energy monitoring and management systems
during fiscal year 2009.

SEC. 2842. DEPARTMENT OF DEFENSE USE OF ELECTRIC AND HYBRID MOTOR
VEHICLES.

(a) Preference.--Subchapter II of chapter 173 of title 10, United
States Code, is amended by inserting after section 2922g, as added by
title III of this Act, the following new section:
``Sec. 2922h. Preference for motor vehicles using electric or hybrid
propulsion systems
``(a) Preference.--In leasing or procuring motor vehicles for use
by a military department or Defense Agency, the Secretary of the
military department or the head of the Defense Agency shall provide a
preference for the lease or procurement of motor vehicles using
electric or hybrid propulsion systems, including plug-in hybrid
systems, if the electric or hybrid vehicles--
``(1) will meet the requirements or needs of the Department
of Defense; and
``(2) are commercially available at a cost reasonably
comparable, on the basis of life-cycle cost, to motor vehicles
containing only an internal combustion or heat engine using
combustible fuel.
``(b) Exception.--Subsection (a) does not apply with respect to
tactical vehicles designed for use in combat.
``(c) Hybrid Defined.--In this section, the term `hybrid', with
respect to a motor vehicle, means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both--
``(1) an internal combustion or heat engine using
combustible fuel; and
``(2) a rechargeable energy storage system.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2922h. Preference for motor vehicles using electric or hybrid
propulsion systems.''.

SEC. 2843. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF RENEWABLE ENERGY
SOURCES TO MEET FACILITY ENERGY NEEDS.

(a) Facility Basis of Goal.--Subsection (e) of section 2911 of
title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in subparagraph (A) (as so redesignated)--
(A) by striking ``electric energy'' and inserting
``facility energy'';
(B) by striking ``and in its activities''; and
(C) by striking ``(as defined in section 203(b) of
the Energy Policy Act of 2005 (42 U.S.C. 15852(b)))'';
and
(3) in subparagraph (B) (as so redesignated), by striking
``electric energy'' and inserting ``facility energy''.
(b) Definition of Renewable Energy Source.--Such subsection is
further amended--
(1) by striking ``It shall be'' and inserting ``(1) It
shall be''; and
(2) by adding at the end the following new paragraph:
``(2) In this subsection, the term `renewable energy source' means
energy generated from renewable sources, including the following:
``(A) Solar.
``(B) Wind.
``(C) Biomass.
``(D) Landfill gas.
``(E) Ocean, including tidal, wave, current, and thermal.
``(F) Geothermal, including electricity and heat pumps.
``(G) Municipal solid waste.
``(H) New hydroelectric generation capacity achieved from
increased efficiency or additions of new capacity at an
existing hydroelectric project. For purposes of this
subparagraph, hydroelectric generation capacity is `new' if it
was placed in service on or after January 1, 1999.
``(I) Thermal energy generated by any of the preceding
sources.''.
(c) Clerical Amendment.--The heading of such subsection is amended
by striking ``Electricity Needs'' and inserting ``Facility Energy
Needs''.

SEC. 2844. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
RENEWABLE ENERGY INITIATIVES.

Not later than 90 days after the date of the enactment of this Act,
the Comptroller General shall submit to Congress a report on all
renewable energy initiatives being funded by the Department of Defense
or a military department down to the base commander level. The
Comptroller General shall specifically address the following in the
report:
(1) The costs associated with each renewable energy
initiative.
(2) Whether the renewable energy initiative has a clearly
delineated set of goals or targets.
(3) Whether those goals or targets are being met or are
likely to be met by the conclusion of the renewable energy
initiative.

SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER PLANTS ON MILITARY
INSTALLATIONS.

(a) Study Required; Elements.--The Secretary of Defense shall
conduct a study to assess the feasibility of developing nuclear power
plants on military installations. As part of the study, the Secretary
shall--
(1) summarize options available for public-private
partnerships for construction and operation of the power
plants;
(2) estimate the cost per kilowatt-hour and consider the
potential for life cycle cost savings to the Department of
Defense, including potential environmental liabilities;
(3) consider the potential energy security advantages to
the Department of Defense of generating electricity on military
installations through the use of nuclear energy;
(4) assess the additional infrastructure costs that would
be needed to enable the power plants to sell power back to the
general electricity grid;
(5) consider impact on quality of life of members stationed
at an installation containing a nuclear power plant;
(6) consider regulatory, State, and local concerns to
production of nuclear power on military installations;
(7) assess to what degree nuclear power plants would
adversely affect operations on military installations,
including consideration of training and readiness requirements;
(8) assess potential environmental liabilities for the
Department of Defense;
(9) consider factors impacting safe co-location of nuclear
power plants on military installations; and
(10) consider any other factors that bear on the
feasibility of developing nuclear power plants on military
installations.
(b) Submission of Results of Study.--Not later than June 1, 2010,
the Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the results of
the study.

SEC. 2846. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS FOR
MANAGEMENT OF ENERGY DEMAND OR REDUCTION OF ENERGY USAGE
DURING PEAK PERIODS.

(a) In General.--Subchapter I of chapter 173 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2919. Participation in programs for management of energy demand
or reduction of energy usage during peak periods
``(a) Participation in Demand Response or Load Management
Programs.--The Secretary of Defense shall permit and encourage the
Secretaries of the military departments, heads of Defense agencies, and
the heads of other instrumentalities of the Department of Defense to
participate in demand response programs for the management of energy
demand or the reduction of energy usage during peak periods conducted
by--
``(1) an electric utility;
``(2) independent system operator;
``(3) State agency; or
``(4) third-party entity (such as a demand response
aggregator or curtailment service provider) implementing demand
response programs on behalf of an electric utility, independent
system operator, or State agency.
``(b) Treatment of Certain Financial Incentives.--Financial
incentives received from an entity specified in subsection (a) shall be
received in cash and deposited into the Treasury as a miscellaneous
receipt. Amounts received shall be available for obligation only to the
extent provided in advance in an appropriations act. The Secretary
concerned or head of the Defense Agency or other instrumentality shall
pay for the cost of the design and implementation of these services in
full in the year in which they are received from amounts provided in
advance in an appropriations Act.
``(c) Use of Certain Financial Incentives.--Of the amounts provided
in advance in an appropriations Act derived from subsection (b) above,
100 percent shall be available to the military installation where the
proceeds were derived, and at least 25 percent of that appropriated
amount shall be designated for use in energy management initiatives by
the military installation where the proceeds were derived.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2919. Participation in programs for management of energy demand or
reduction of energy usage during peak
periods.''.

Subtitle E--Land Conveyances

SEC. 2851. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORT CHICAGO NAVAL
MAGAZINE, CALIFORNIA.

(a) Transfer Required; Administration.--Section 203 of the Port
Chicago National Memorial Act of 1992 (Public Law 102-562; 16 U.S.C.
431; 106 Stat. 4235) is amended by striking subsection (c) and
inserting the following new subsections:
``(c) Administration.--The Secretary of the Interior shall
administer the Port Chicago Naval Magazine National Memorial as a unit
of the National Park System in accordance with this Act and laws
generally applicable to units of the National Park System, including
the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et
seq.) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et
seq.). Land transferred to the administrative jurisdiction of the
Secretary of the Interior under subsection (d) shall be administered in
accordance with this subsection.
``(d) Transfer of Land.--The Secretary of Defense shall transfer a
parcel of land, consisting of approximately 5 acres, depicted within
the proposed boundary on the map titled `Port Chicago Naval Magazine
National Memorial, Proposed Boundary', numbered 018/80,001, and dated
August 2005, to the administrative jurisdiction of the Secretary of the
Interior if the Secretary of Defense determines that--
``(1) the land is excess to military needs; and
``(2) all environmental remediation actions necessary to
respond to environmental contamination related to the land have
been completed in accordance with the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and other applicable laws.
``(e) Public Access.--The Secretary of the Interior shall enter
into an agreement with the Secretary of Defense to provide as much
public access as possible to the Port Chicago Naval Magazine National
Memorial without interfering with military needs. This subsection shall
no longer apply if, at some point in the future, the National Memorial
ceases to be an enclave within the Concord Naval Weapons Station.
``(f) Agreement With City of Concord and East Bay Regional Park
District.--The Secretary of the Interior is authorized to enter into an
agreement with the City of Concord, California, and the East Bay
Regional Park District, to establish and operate a facility for visitor
orientation and parking, administrative offices, and curatorial storage
for the National Memorial.''.
(b) Sense of Congress on Remediation and Repair of National
Memorial.--
(1) Remediation.--It is the sense of Congress that, in
order to facilitate the land transfer described in subsection
(d) of section 203 of the Port Chicago National Memorial Act of
1992, as added by subsection (a), the Secretary of Defense
should remediate remaining environmental contamination related
to the land.
(2) Repair.--It is the sense of Congress that, in order to
preserve the Port Chicago Naval Magazine National Memorial for
future generations, the Secretary of Defense and the Secretary
of the Interior should work together to develop a process by
which future repairs and necessary modifications to the
National Memorial can be achieved in as timely and cost-
effective a manner as possible.

SEC. 2852. LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT, HAWAII.

(a) Conveyance Authorized.--The Secretary of the Navy shall convey,
without consideration, to the Hawaii Community Development Authority
(in this section referred to as the ``Authority''), which is the local
redevelopment authority for former Naval Air Station, Barbers Point,
Oahu, Hawaii, all right, title, and interest of the United States in
and to the following parcels of real property, including any
improvements thereon and clear of all liens and encumbrances, at the
installation:
(1) An approximately 10.569-acre parcel of land identified
as ``Parcel No. 13126 B'' and further identified by Oahu Tax
Map Key No. 9-1-031:047.
(2) An approximately 145.785-acre parcel of land identified
as ``Parcel No. 13058 D'' and further identified by Oahu Tax
Map Key No. 9-1-013:039.
(3) An approximately 9.303-acre parcel of land identified
as ``Parcel No. 13058 F'' and further identified by Oahu Tax
Map Key No. 9-1-013:041.
(4) An approximately 57.937-acre parcel of land identified
as ``Parcel No. 13058 G'' and further identified by Oahu Tax
Map Key No. 9-1-013:042.
(5) An approximately 11.501-acre parcel of land identified
as ``Parcel No. 13073 D'' and further identified by Oahu Tax
Map Key No. 9-1-013:069.
(6) An approximately 65.356-acre parcel of land identified
as ``Parcel No. 13073 B'' and further identified by Oahu Tax
Map Key No. 9-1-013:067.
(b) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
Authority to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the Authority in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
Authority.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(c) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(d) Description of Property.--The exact acreage and legal
descriptions of the parcels of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 2853. MODIFICATION OF LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE
BASE, NEW YORK.

(a) Additional Conveyance.--Subsection (a)(1) of section 2873 of
the Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2152) is amended--
(1) by striking ``two parcels'' and inserting ``three
parcels'';
(2) by striking ``and 1.742 acres and containing the four
buildings'' and inserting ``, 1.742 acres, and 4.5 acres,
respectively, and containing all or a portion of the five
buildings''; and
(3) by inserting ``and the Modification and Fabrication
Facility'' after ``Reconnaissance Laboratory''.
(b) Description of Property.--Subsection (a)(2) of such section is
amended by adding at the end the following new subparagraph:
``(E) Bay Number 4 in Building 101 (approximately 115,000
square feet).''.
(c) Purpose of Conveyance.--Subsection (a)(3) of such section is
amended by adding before the period at the end the following: ``and to
provide adequate reimbursement, real property, and replacement
facilities for the Air Force Research Laboratory units that are
relocated as a result of the conveyance''.
(d) Consideration.--Subsection (c) of such section is amended by
striking ``in-kind contribution'' and inserting ``in-kind consideration
(including land and new facilities)''.

SEC. 2854. LAND CONVEYANCE, ARMY RESERVE CENTER, CHAMBERSBURG,
PENNSYLVANIA.

(a) Conveyance Authorized.--At such time as the Army Reserve
vacates the Army Reserve Center at 721 South Sixth Street,
Chambersburg, Pennsylvania, the Secretary of the Army may convey,
without consideration, to the Chambersburg Area School District (in
this section referred to as the ``School District''), all right, title,
and interest of the United States in and to the Reserve Center for the
purpose of permitting the School District to utilize the property for
educational, educational support, and community activities.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance, all right, title, and
interest in and to such real property, including any improvements and
appurtenant easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the United
States shall have the right of immediate entry onto such real property.
A determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
School District to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the School District
in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the School District.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.

SEC. 2855. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA.

(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Virginia Beach, Virginia (in this section referred to as
the ``City''), all right, title, and interest of the United States in
and to parcels of non-contiguous real property, including any
improvements thereon, consisting of a total of approximately 2.4 acres
at Naval Air Station Oceana, Virginia, for the purpose of permitting
the City to expand services to support the Marine Animal Care Center.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall provide compensation to the Secretary of
the Navy in an amount equal to the fair market value of the real
property conveyed under such subsection, as determined by appraisals
acceptable to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under this section, including survey costs
related to the conveyance. If amounts are collected from the
City in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred by
the Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under this section shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.

SEC. 2856. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.

(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Chilkoot Indian Association (in this section referred to as the
``Association'') all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
consisting of approximately 201 acres located at the former Haines Fuel
Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for
the purpose of permitting the Association to develop a Deep Sea Port
and for other industrial and commercial development purposes. To the
extent practicable, the Secretary is encouraged to complete the
conveyance by September 30, 2013.
(b) Consideration.--As consideration for the conveyance of the
property described in subsection (a), the Association shall pay to the
Secretary an amount equal to the fair market value of the property, as
determined by the Secretary. The determination of the Secretary shall
be final. At the election of the Secretary, the Secretary may accept
in-kind consideration in lieu of all or a portion of the cash payment.
(c) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance, all right, title, and
interest in and to such real property, including any improvements and
appurtenant easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the United
States shall have the right of immediate entry onto such real property.
A determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
Association to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyance. If
amounts are collected from the Association in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess
amount to the Association.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(e) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this section
shall be determined by a survey satisfactory to the Secretary.
(g) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.

SEC. 2857. COMPLETION OF LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS,
WASHINGTON.

Subsection (a)(1) of section 2837 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1315), as amended by section 2852 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2143), is further amended--
(1) in the first sentence, by striking ``The Secretary of
the Army may transfer'' and inserting ``Not later than 60 days
after the date of the enactment of the Military Construction
Authorization Act for Fiscal Year 2010, the Secretary of the
Army shall transfer''; and
(2) in the second sentence--
(A) by striking ``may make the transfer'' and
inserting ``shall make the transfer''; and
(B) by striking ``may accept'' and inserting
``shall accept''.

SEC. 2858. LAND CONVEYANCE, FERNDALE HOUSING AT CENTERVILLE BEACH NAVAL
FACILITY TO CITY OF FERNDALE, CALIFORNIA.

(a) Conveyance Authorized.--At such time as the Navy vacates the
Ferndale Housing, which previously supported the now closed Centerville
Beach Naval Facility in the City of Ferndale, California, the Secretary
of the Navy may convey, at fair market value, to the City of Ferndale
(in this section referred to as the ``City''), all right, title, and
interest of the United States in and to the parcels of real property,
including improvements thereon, for the purpose of permitting the City
to utilize the property for low- and moderate-income housing for
seniors, families, or both.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance, all right, title, and
interest in and to such real property, including any improvements and
appurtenant easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the United
States shall have the right of immediate entry onto such real property.
A determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the city in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.

Subtitle F--Other Matters

SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL MONUMENT TO HONOR
UNITED STATES ARMED FORCES WORKING DOG TEAMS.

Section 2877 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 563; 16 U.S.C. 431 note) is
amended by striking ``National War Dogs Monument, Inc.,'' both places
it appears and inserting ``John Burnam Monument Foundation, Inc.,''.

SEC. 2872. NAMING OF CHILD DEVELOPMENT CENTER AT FORT LEONARD WOOD,
MISSOURI, IN HONOR OF MR. S. LEE KLING.

A child development center at Fort Leonard Wood, Missouri, shall be
known and designated as the ``S. Lee Kling Child Development Center''.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to such child development center shall be
deemed to be a reference to the S. Lee Kling Child Development Center.

SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERATIVE SECURITY LOCATION
IN PALANQUERO, COLOMBIA.

(a) Congressional Notification of Agreement.--None of the amounts
authorized to be appropriated by this division or otherwise made
available for military construction for fiscal year 2010 may be
obligated to commence construction of a Cooperative Security Location
at the German Olano Airbase (the Palanquero AB Development Project) in
Palanquero, Colombia, until at least 15 days after the date on which
the Secretary of Defense certifies to the congressional defense
committees that an agreement has been entered into with the Government
of Colombia that permits the establishment of the Cooperative Security
Location at the German Olano Airbase in a manner that will enable the
United States Southern Command to execute its Theater Posture Strategy
in cooperation with the Armed Forces of Colombia.
(b) Prohibition on Permanent United States Military Installation.--
The agreement referred to in subsection (a) may not provide for or
authorize the establishment of a United States military installation or
base for the permanent stationing of United States Armed Forces in
Colombia.

SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS MOUNTAIN
WARFARE TRAINING CENTER.

Section 1806 of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1056; 16 U.S.C. 460vvv) is amended by
adding at the end the following new subsection:
``(g) Military Activities at United States Marine Corps Mountain
Warfare Training Center.--The designation of the Bridgeport Winter
Recreation Area by this section is not intended to restrict or preclude
the activities conducted by the United States Armed Forces at the
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.

(a) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Airborne....................................... $7,800,000
Altimur........................................ $7,750,000
Asadabad....................................... $5,500,000
Bagram Air Base................................ $132,850,000
Camp Joyce..................................... $7,700,000
Camp Kabul..................................... $137,000,000
Camp Kandahar.................................. $132,500,000
Camp Salerno................................... $50,200,000
Forward Operating Base Blessing................ $5,600,000
Forward Operating Base Bostick................. $5,500,000
Forward Operating Base Dwyer................... $14,900,000
Forward Operating Base Ghazni.................. $5,500,000
Forward Operating Base Shank................... $19,700,000
Forward Operating Base Sharana................. $60,800,000
Frontenac...................................... $2,200,000
Jalalabad Airfield............................. $41,400,000
Maywand........................................ $12,200,000
Methar-Lam..................................... $4,150,000
Provincial Reconstruction Team Gardez.......... $36,200,000
Provincial Reconstruction Team Tarin Kowt...... $57,950,000
Tombstone/Bastion.............................. $71,800,000
Wolverine...................................... $14,900,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2009,
for military construction, land acquisition, and military family
housing functions of the Department of the Army in the total amount of
$930,484,000 as follows:
(1) For military construction projects outside the United
States authorized by subsection (a), $834,100,000.
(2) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$20,100,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $76,284,000.

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:

Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amout
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram Air Base................................ $29,100,000
Camp Kandahar.................................. $234,600,000
Forward Operating Base Dwyer................... $4,900,000
Forward Operating Base Shank................... $4,900,000
Provincial Reconstruction Team Tarin Kowt...... $4,900,000
Tombstone/Bastion.............................. $156,200,000
Wolverine...................................... $4,900,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2009,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force in the total
amount of $474,500,000, as follows:
(1) For military construction projects outside the United
States authorized by subsection (a), $439,500,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $35,000,000.

SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILITIES FOR OFFICE OF
DEFENSE REPRESENTATIVE-PAKISTAN.

(a) In General.--Notwithstanding the definition of military
construction in section 2801 of title 10, United States Code, of the
amounts authorized to be appropriated by this division for military
construction, the Secretary of Defense may use not more than
$25,000,000 to plan, design, and construct facilities on the United
States Embassy Compound in Islamabad, Pakistan, in support of the
Office of the Defense Representative-Pakistan (in this section referred
to as the ``ODRP'').
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the number of personnel
and activities of the ODRP.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A detailed accounting of the number of
personnel permanently assigned or on temporary duty in
the ODRP.
(B) A description of the mission of those personnel
assigned on a temporary or permanent basis to the ODRP.
(C) A projection of space requirements for the
ODRP.
(3) Form.--The report under paragraph (1) may be submitted
in a classified form.
(4) Appropriate committees.--For the purposes of this
subsection, the appropriate congressional committees are the
following:
(A) The Committees on Armed Services and Foreign
Affairs of the House of Representatives.
(B) The Committees on Armed Services and Foreign
Relations of the Senate.
(5) Termination.--The requirement to submit a report under
this subsection terminates on the date occurring two years
after the date on which the first report is submitted.

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.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2010 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$10,479,627,000, to be allocated as follows:
(1) For weapons activities, $6,516,431,000.
(2) For defense nuclear nonproliferation activities,
$2,539,309,000.
(3) For naval reactors, $1,003,133,000.
(4) For the Office of the Administrator for Nuclear
Security, $420,754,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant project:
Project 10-D-501, nuclear facilities risk
reduction, Y-12 National Security Complex, Oak Ridge,
Tennessee, $12,500,000.
(2) For safeguards and security, the following new plant
project:
Project 10-D-701, security improvement project, Y-
12 National Security Complex, Oak Ridge, Tennessee,
$49,000,000.
(3) For naval reactors, the following new plant projects:
Project 10-D-903, KAPL security upgrades,
Schenectady, New York, $1,500,000.
Project 10-D-904, Naval Reactors Facility
infrastructure upgrades, Naval Reactors Facility,
Idaho, $700,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for defense environmental cleanup
activities in carrying out programs necessary for national security in
the amount of $5,024,491,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for other defense activities in carrying
out programs necessary for national security in the amount of
$872,468,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$98,400,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for energy security and assurance programs
necessary for national security in the amount of $6,188,000.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM.

(a) In General.--Subsection (a) of section 4201 of the Atomic
Energy Defense Act (division D of Public Law 107-314; 50 U.S.C. 2521)
is amended to read as follows:
``(a) Establishment.--The Secretary of Energy, acting through the
Administrator for Nuclear Security, shall establish a stewardship
program to ensure--
``(1) the preservation of the core intellectual and
technical competencies of the United States in nuclear weapons,
including weapons design, system integration, manufacturing,
security, use control, reliability assessment, and
certification; and
``(2) that the nuclear weapons stockpile is safe, secure,
and reliable without the use of underground nuclear weapons
testing.''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (1), by inserting ``and performance over
time'' after ``detonation''; and
(2) by adding at the end the following new paragraphs:
``(4) Material support for the use of, and experiments
facilitated by, the advanced experimental facilities of the
United States, including--
``(A) the National Ignition Facility at Lawrence
Livermore National Laboratory;
``(B) the Dual Axis Radiographic Hydrodynamic Test
Facility at Los Alamos National Laboratory; and
``(C) the Z Machine at Sandia National
Laboratories.
``(5) Material support for the sustainment and
modernization of facilities with production and manufacturing
capabilities that are necessary to ensure the safety, security,
and reliability of the nuclear weapons stockpile, including--
``(A) the Pantex Plant;
``(B) the Y-12 National Security Complex;
``(C) the Kansas City Plant; and
``(D) the Savannah River Site.''.
(c) Prior Authorization of Appropriations for Fiscal Year 1994.--
Such section is further amended by striking subsection (c).

SEC. 3112. STOCKPILE MANAGEMENT PROGRAM.

(a) In General.--The Atomic Energy Defense Act (division D of
Public Law 107-314; 50 U.S.C. 2501 et seq.) is amended--
(1) by repealing section 4204A (50 U.S.C. 2524a); and
(2) by amending section 4204 (50 U.S.C. 2524) to read as
follows:

``SEC. 4204. STOCKPILE MANAGEMENT PROGRAM.

``(a) Program Required.--The Secretary of Energy, acting through
the Administrator for Nuclear Security and in consultation with the
Secretary of Defense, shall carry out a program, to be known as the
stockpile management program, to provide for the effective management
of the weapons in the nuclear weapons stockpile (including any weapon
proposed to be added to the stockpile). The program shall have the
following objectives:
``(1) To increase the reliability, safety, and security of
the nuclear weapons stockpile of the United States.
``(2) To further reduce the likelihood of the resumption of
underground nuclear weapons testing.
``(3) To achieve reductions in the future size of the
nuclear weapons stockpile.
``(4) To reduce the risk of an accidental detonation of an
element of the stockpile.
``(5) To reduce the risk of an element of the stockpile
being used by a person or entity hostile to the United States,
its vital interests, or its allies.
``(b) Program Budget.--For each budget submitted by the President
to Congress under section 1105 of title 31, United States Code, the
amounts requested for the program shall be clearly identified in the
budget justification materials submitted to Congress in support of that
budget.
``(c) Program Limitations.--In carrying out the stockpile
management program under subsection (a), the Secretary shall ensure
that--
``(1) any changes made to the stockpile shall be made to
achieve the objectives identified in subsection (a); and
``(2) any such changes made to the stockpile shall--
``(A) remain consistent with basic design
parameters by including, to the maximum extent
feasible, components that are well understood or are
certifiable without the need to resume underground
nuclear weapons testing; and
``(B) use the design, certification, and production
expertise resident in the nuclear complex to fulfill
current mission requirements of the existing
stockpile.''.
(b) Clerical Amendment.--The table of contents in section 4001(b)
of such Act (division D of Public Law 107-314; 50 U.S.C. 2501 note) is
amended by striking the items relating to sections 4204 and 4204A and
inserting the following new item:

``Sec. 4204. Stockpile management program.''.

SEC. 3113. PLAN FOR EXECUTION OF STOCKPILE STEWARDSHIP AND STOCKPILE
MANAGEMENT PROGRAMS.

(a) Plan.--Section 4203 of the Atomic Energy Defense Act (division
D of Public Law 107-314; 50 U.S.C. 2523) is amended to read as follows:

``SEC. 4203. PLAN FOR EXECUTION OF STOCKPILE STEWARDSHIP AND STOCKPILE
MANAGEMENT PROGRAMS.

``(a) Plan Requirement.--The Secretary of Energy, acting through
the Administrator for Nuclear Security, shall develop and annually
update a plan for maintaining the nuclear weapons stockpile. The plan
shall cover, at a minimum, stockpile stewardship, stockpile management,
and program direction and shall be consistent with the programmatic and
technical requirements of the most recent annual Nuclear Weapons
Stockpile Memorandum.
``(b) Plan Elements.--The plan and each update of the plan shall
set forth the following:
``(1) The number of warheads (including active and inactive
warheads) for each warhead type in the nuclear weapons
stockpile.
``(2) The current age of each warhead type, and any plans
for stockpile lifetime extensions and modifications or
replacement of each warhead type.
``(3) The process by which the Secretary of Energy is
assessing the lifetime and requirements for maintenance of the
nuclear and nonnuclear components of the warheads (including
active and inactive warheads) in the nuclear weapons stockpile.
``(4) The process used in recertifying the safety,
security, and reliability of each warhead type in the nuclear
weapons stockpile without the use of nuclear testing.
``(5) Any concerns which would affect the ability of the
Secretary of Energy to recertify the safety, security, or
reliability of warheads in the nuclear weapons stockpile
(including active and inactive warheads).
``(c) Assessment.--In addition to the elements described under
subsection (b), the plan and each update of the plan shall include a
joint assessment of the stockpile stewardship program by the heads of
the national security laboratories. Each assessment shall set forth the
following:
``(1) An identification and description of--
``(A) any key technical challenges to the program;
and
``(B) the strategies to address such challenges
without the use of nuclear testing.
``(2) A strategy for using the science-based tools
(including advanced simulation and computing capabilities) of
each national security laboratory to ensure that the nuclear
weapons stockpile is safe, secure, and reliable without the use
of nuclear testing.
``(3) An assessment of the science-based tools (including
advanced simulation and computing capabilities) of each
national security laboratory that exist at the time of the plan
compared with the science-based tools expected to exist during
the period covered by the future-years nuclear security
program.
``(4) Clear and specific criteria for judging whether the
science-based tools being used by the Department of Energy for
determining the safety and reliability of the nuclear weapons
stockpile are performing in a manner that will provide an
adequate degree of certainty that the stockpile is safe and
reliable.
``(5) An assessment of the core scientific and technical
competencies required to achieve the objectives of the
stockpile stewardship program and other weapons and weapons-
related activities of the Department of Energy, including--
``(A) the number of scientists, engineers, and
technicians, by discipline, required to maintain such
competencies; and
``(B) a description of any shortage of such
individuals that exists at the time of the plan
compared with any shortage expected to exist during the
period covered by the future-years nuclear security
program.
``(d) Reports to Congress.--Not later than February 1 of each year,
beginning with February 1, 2010, the Secretary of Energy shall submit
to the congressional defense committees a report describing the plan
required by subsection (a).
``(e) Definitions.--In this section:
``(1) The term `future-years nuclear security program'
means the program required by section 3253 of the National
Nuclear Security Administration Act (50 U.S.C. 2453).
``(2) The term `national security laboratory' has the
meaning given such term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471).
``(3) The term `weapons activities' means each activity
within the budget category of weapons activities in the budget
of the National Nuclear Security Administration.
``(4) The term `weapons-related activities' means each
activity under the Department of Energy that involves nuclear
weapons, nuclear weapons technology, or fissile or radioactive
materials, including activities related to--
``(A) nuclear non-proliferation;
``(B) nuclear forensics;
``(C) nuclear intelligence;
``(D) nuclear safety; and
``(E) nuclear incident response.''.
(b) Clerical Amendment.--The item relating to section 4203 in the
table of contents for such Act is amended to read as follows:

``Sec. 4203. Plan for execution of stockpile stewardship and stockpile
management programs.''.
(c) Conforming Repeal.--Section 4202 of the Atomic Energy Defense
Act (division D of Public Law 107-314; 50 U.S.C. 2522) is repealed.

SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS ASSESSMENT AND
CERTIFICATION.

(a) Dual Validation.--
(1) In general.--Section 4205 of the Atomic Energy Defense
Act (division D of Public Law 107-314; 50 U.S.C. 2525) is
amended--
(A) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively; and
(B) by inserting after subsection (b) the following
new subsection (c):
``(c) Dual Validation Teams in Support of Assessments.--In support
of the assessments required by subsection (a), the Administrator for
Nuclear Security shall establish teams, known as `dual validation
teams', to provide Lawrence Livermore National Laboratory and Los
Alamos National Laboratory with independent evaluations of the
condition of each warhead for which such laboratory has lead
responsibility. Each such team shall--
``(1) be comprised of weapons experts from the laboratory
that does not have lead responsibility for fielding the warhead
being evaluated;
``(2) have access to all surveillance and underground test
data for all stockpile systems for use in the independent
evaluations;
``(3) use all relevant available data to conduct
independent calculations; and
``(4) pursue independent experiments to support the
independent evaluations.''.
(2) Plan.--Not later than March 1, 2010, the Administrator
for Nuclear Security shall submit to the congressional defense
committees a plan (including a schedule) to carry out
subsection (c) of section 4205 of such Act, as added by
paragraph (1) of this subsection.
(b) Red Team Reviews.--Subsection (d)(1) of such section, as
redesignated by subsection (a)(1)(A) of this section, is amended--
(1) by inserting ``both'' after ``review''; and
(2) by inserting after ``that laboratory'' the following:
``and the independent evaluations conducted by a dual
validation team under subsection (c)''.
(c) Summary.--Subsection (e)(3) of such section, as redesignated by
subsection (a)(1)(A) of this section, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a concise summary of the results of any
independent evaluation conducted by a dual validation
team under subsection (c).''.
(d) Conforming Amendments.--Such section is further amended--
(1) in paragraph (3)(C) of subsection (e), as redesignated
by subsection (a)(1)(A) of this section, by striking
``subsection (c)'' and inserting ``subsection (d)'';
(2) in paragraph (1)(A) of subsection (f), as redesignated
by subsection (a)(1)(A) of this section, by striking
``subsection (d)'' and inserting ``subsection (e)'';
(3) in subsection (g), as redesignated by subsection
(a)(1)(A) of this section, by striking ``subsection (e)'' and
inserting ``subsection (f)''; and
(4) in subsection (i), as redesignated by subsection
(a)(1)(A) of this section--
(A) in paragraph (1), by striking ``subsection
(d)'' and inserting ``subsection (e)''; and
(B) in paragraph (2), by striking ``subsection
(e)'' and inserting ``subsection (f)''.

SEC. 3115. ANNUAL LONG-TERM PLAN FOR THE MODERNIZATION AND
REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX.

(a) Policy.--It is the policy of the United States that
sustainment, modernization, and refurbishment of the nuclear security
complex is mandatory for maintaining the future viability of the United
States nuclear deterrent and a prerequisite for any reductions to the
nuclear weapons stockpile of the United States.
(b) General Requirement.--Subtitle D of the National Nuclear
Security Administration Act (50 U.S.C. 2451 et seq.) is amended by
adding at the end the following new section:

``SEC. 3255. BUDGETING FOR MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR SECURITY COMPLEX: ANNUAL PLAN AND CERTIFICATION.

``(a) Annual Nuclear Security Complex Modernization and
Refurbishment Plan and Certification.--The Administrator for Nuclear
Security shall include with the nuclear security budget materials for
each fiscal year--
``(1) a plan for the modernization and refurbishment of the
nuclear security complex developed in accordance with this
section; and
``(2) a certification by the Administrator that both the
budget for that fiscal year and the future-years nuclear
security program submitted to Congress in relation to such
budget under section 3253 provide for funding of the nuclear
security complex at a level that is sufficient for the
modernization and refurbishment of the nuclear security complex
provided for in the plan under paragraph (1) on the schedule
provided in the plan.
``(b) Annual Nuclear Security Complex Modernization and
Refurbishment Plan.--(1) The annual nuclear security complex
modernization and refurbishment plan developed for a fiscal year for
purposes of subsection (a)(1) should be designed so that the nuclear
security complex provided for under that plan is capable of
supporting--
``(A) the National Security Strategy of the United
States as set forth in the most recent national
security strategy report of the President under section
108 of the National Security Act of 1947 (50 U.S.C.
404a), except that, if at the time such plan is
submitted with the nuclear security budget materials
for that fiscal year, a national security strategy
report required under such section 108 has not been
submitted to Congress as required by paragraph (2) or
paragraph (3), if applicable, of subsection (a) of such
section, then such annual plan should be designed so
that the nuclear security complex modernization and
refurbishment provided for under that plan is capable
of supporting the nuclear security complex recommended
in the report of the most recent Quadrennial Defense
Review; and
``(B) the nuclear posture of the United States as
set forth in the most recent Nuclear Posture Review.
``(2) Each such nuclear security complex modernization and
refurbishment plan shall include the following:
``(A) A detailed program with schedule and
associated funding for the modernization and
refurbishment of the nuclear security complex for the
National Nuclear Security Administration over the next
30 fiscal years.
``(B) A description of the necessary modernization
and refurbishment measures to meet the requirements of
the national security strategy of the United States or
the most recent Quadrennial Defense Review, whichever
is applicable under paragraph (1), and the Nuclear
Posture Review.
``(C) The estimated levels of annual funding
necessary to carry out the program, together with a
discussion of the implementation strategies on which
such estimated levels of annual funding are based.
``(c) Assessment When Nuclear Security Complex Modernization and
Refurbishment Budget Is Insufficient to Meet Applicable Requirements.--
If the budget for a fiscal year provides for funding of the
modernization and refurbishment of the nuclear security complex at a
level that is not sufficient to sustain the requirements specified in
the plan for that fiscal year under subsection (a), the Administrator
shall include with the nuclear security budget materials for that
fiscal year an assessment that describes and discusses the risks and
implications associated with the ability of the nuclear security
complex to support the annual certification of the nuclear stockpile of
the United States and maintain its long-term safety, security, and
reliability. Such assessment shall be coordinated in advance with the
Secretary of Defense and the Commander of the United States Strategic
Command.
``(d) Definitions.--In this section:
``(1) The term `nuclear security complex' means the
physical facilities, technology, and human capital of--
``(A) the national security laboratories;
``(B) the Pantex Plant;
``(C) the Y-12 National Security Complex;
``(D) the Kansas City Plant;
``(E) the Savannah River Site; and
``(F) the Nevada test site.
``(2) The term `budget' with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(3) The term `nuclear security budget materials', with
respect to a fiscal year, means the materials submitted to
Congress by the Administrator for Nuclear Security in support
of the budget for that fiscal year.
``(4) The term `Quadrennial Defense Review' means the
review of the defense programs and policies of the United
States that is carried out every four years under section 118
of title 10, United States Code.''.
(c) Clerical Amendment.--The table of sections at the beginning of
the National Nuclear Security Administration Act is amended by
inserting after the item relating to section 3254 the following new
item:

``3255. Budgeting for modernization and refurbishment of the nuclear
security complex: annual plan and
certification.''.

Subtitle C--Reports

SEC. 3121. COMPTROLLER GENERAL REVIEW OF MANAGEMENT AND OPERATIONS
CONTRACT COSTS FOR NATIONAL SECURITY LABORATORIES.

(a) Review Required.--The Comptroller General shall review the
effects of the contracts entered into by the Department of Energy in
2006 and 2007 that provide for the management and operations of the
covered national laboratories. The review shall include the following:
(1) A detailed description of the costs related to the
transition from the period when the management and operations
of the covered national laboratories were performed by the
University of California to the period when such management and
operations were performed by a covered contractor, including--
(A) a description of any continuing differences in
the cost structure of the management and operations
when performed by the University of California and the
cost structure of the management and operations when
performed by a covered contractor; and
(B) an assessment of the effect of such cost
differences on the resources available to support
scientific and technical programs at the covered
national laboratories.
(2) A quantitative assessment of the ability of the covered
national laboratories to perform other important laboratory
functions, including safety, security, and environmental
management.
(b) Report.--Not later than March 1, 2010, the Comptroller General
shall submit to the congressional defense committees a report on the
results of the review.
(c) Definitions.--In this section:
(1) The term ``covered contractor'' means--
(A) with respect to Los Alamos National Laboratory,
Los Alamos National Security, LLC; and
(B) with respect to Lawrence Livermore National
Laboratory, Lawrence Livermore National Security, LLC.
(2) The term ``covered national laboratories'' means--
(A) the Los Alamos National Laboratory; and
(B) the Lawrence Livermore National Laboratory.

SEC. 3122. PLAN TO ENSURE CAPABILITY TO MONITOR, ANALYZE, AND EVALUATE
FOREIGN NUCLEAR WEAPONS ACTIVITIES.

(a) Plan.--The Secretary of Energy, in consultation with the
Director of National Intelligence and the Secretary of Defense, shall
prepare a plan to ensure that the national laboratories overseen by the
Department of Energy maintain a robust technical capability to monitor,
analyze, and evaluate foreign nuclear weapons activities.
(b) Report.--Not later than February 28, 2010, the Secretary of
Energy shall submit a report to the appropriate committees of Congress
describing the plan required under subsection (a) and the resources
necessary to implement the plan. The report shall be in unclassified
form, but may include a classified annex.
(c) Appropriate Committees.--For purposes of this section, the
appropriate committees of Congress are the following:
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2010,
$26,086,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $23,627,000 for fiscal year 2010 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2010.
Sec. 3502. Liquidation of unused leave balance at the United States
Merchant Marine Academy.
Sec. 3503. Adjunct professors.
Sec. 3504. Maritime loan guarantee program.
Sec. 3505. Defense measures against unauthorized seizures of Maritime
Security Fleet vessels.
Sec. 3506. Technical corrections to State maritime academies student
incentive program.
Sec. 3507. Limitation on disposal of interest in certain vessels.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2010.

Funds are hereby authorized to be appropriated for fiscal year
2010, to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation
for the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $152,900,000, of which--
(A) $15,391,000 shall remain available until
expended for capital improvements at the United States
Merchant Marine Academy;
(B) $11,240,000 shall remain available until
expended for maintenance and repair of training ships
of the State Maritime Academies; and
(C) $53,208,000 shall be available for operations
at the United States Merchant Marine Academy.
(2) For expenses to maintain a preserve a United States-
flag merchant fleet to serve the national security needs of the
United States under chapter 531 of title 46, United States
Code, $174,000,000.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $15,000,000.
(4) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $60,000,000.

SEC. 3502. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE UNITED STATES
MERCHANT MARINE ACADEMY.

The Maritime Administrator may, subject to the availability of
appropriations, make a lump-sum payment for the accumulated balance of
unused leave to any former employee of a United States Merchant Marine
Academy nonappropriated fund instrumentality who was terminated from
such employment in 2009 or whose position as such an employee was
converted to the Civil Service in 2009 under authority granted by
section 3506 of the Duncan Hunter National Defense Authorization Act
for fiscal year 2009 (Public Law 110-417; 122 Stat. 4356).

SEC. 3503. ADJUNCT PROFESSORS.

Section 3506 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4356) is
amended--
(1) in subsection (a), by striking ``temporary'';
(2) in subsection (b), by inserting ``and'' after the
semicolon at the end of paragraph (1), by striking ``; and'' at
the end of paragraph (2) and inserting a period, and by
striking paragraph (3); and
(3) by striking subsection (d) and inserting the following:
``(d) Reporting Requirements.--When the authority granted by
subsection (a) is used to hire an adjunct professor at the Academy, the
Administrator shall notify the Committee on Armed Services of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, including the need for and the term of
employment of the adjunct professor.''.

SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM.

The Congress finds that--
(1) it is in the national security interest of the United
States to foster commercial shipbuilding in the United States;
(2) the maritime loan guarantee program authorized by
chapter 537 or title 46, United States Code, has a long and
successful history of facilitating construction of commercial
vessels in domestic shipyards;
(3) the Maritime Loan Guarantee Program strengthens our
Nation's industrial base allowing domestic shipyards and their
allied service and supply industries to more effectively
produce commercial vessels that enhance the commercial sealift
capability of the Department of Defense; and
(4) a revitalized and effective Maritime Loan Guarantee
Program would result in construction of a more modern and more
numerous fleet of commercial vessels manned by United States
citizens, thereby providing a pool of trained United States
citizen mariners available to assist the Department of Defense
in times of war or national emergency.

SEC. 3505. DEFENSE MEASURES AGAINST UNAUTHORIZED SEIZURES OF MARITIME
SECURITY FLEET VESSELS.

Section 53107(b) of title 46, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Defense measures against unauthorized seizures.--(A)
The Emergency Preparedness Agreement for any operating
agreement that first takes effect or is renewed after the date
of enactment of the National Defense Authorization Act for
Fiscal Year 2010 shall require that any vessel operating under
the agreement in hazardous carriage shall be equipped with
appropriate non-lethal defense measures to protect the vessel,
crew, and cargo from unauthorized seizure at sea.
``(B) In this paragraph the term `hazardous carriage' means
the carriage of cargo for the Department of Defense in an area
that is designated by the Coast Guard or the International
Maritime Bureau of the International Chamber Of Commerce as an
area of high risk of piracy.''.

SEC. 3506. DEFENSE OF VESSELS AND CARGOS AGAINST PIRACY.

(a) Findings.--Congress finds the following:
(1) Protecting cargoes owned by the United States
Government and transported on United States-flag vessels
through an area designated by the Coast Guard or the
International Maritime Bureau of the International Chamber of
Commerce as an area of high risk of piracy is in our national
interest.
(2) Protecting United States-citizen mariners employed on
United States-flag vessels transiting an area designated by the
Coast Guard or the International Maritime Bureau of the
international Chamber of Commerce as an area of high risk of
piracy is in our national interest.
(3) Weapons and supplies that may be used to support
military operations should not fall into the hands of pirates.
(b) Embarkation of Military Personnel.--The Secretary of Defense
shall embark military personnel on board a United States-flag vessel
carrying Government-impelled cargoes if the vessel is--
(1) operating in an area designated by the Coast Guard or
the International Maritime Bureau of the International Chamber
of Commerce as an area of high risk of piracy; and
(2) determined by the Coast Guard to be at risk of being
boarded by pirates.
(c) Limitation on Application.--This section shall not apply with
respect to an area referred to in subsection (b)(1) on the earlier of--
(1) September 30, 2011; or
(2) the date on which the Secretary of Defense notifies the
Congress that the Secretary believes that there is not a
credible threat to United States-flag vessels carrying
Government-impelled cargoes operating in such area.

SEC. 3507. TECHNICAL CORRECTIONS TO STATE MARITIME ACADEMIES STUDENT
INCENTIVE PROGRAM.

(a) Installment Payments.--Section 51509(b) of title 46, United
States Code, is amended--
(1) by striking ``and be paid before the start of each
academic year, as prescribed by the Secretary,'' and inserting
``and be paid in such installments as the Secretary shall
determine'';
(2) by striking ``academy.'' and inserting ``academy, as
prescribed by the Secretary.''.
(b) Repeal of Redundant Section.--Section 177 of division I of
Public Law 111-8 (123 Stat. 945; relating to amendments previously
enacted by section 3503 of division C of Public Law 110-417 (122 Stat.
4762)) is repealed and shall have no force or effect.

SEC. 3508. LIMITATION ON DISPOSAL OF INTEREST IN CERTAIN VESSELS.

(a) Limitation.--If the United States acquires any financial
interest in a covered vessel as a consequence of a default on a loan
guaranteed for the vessel under chapter 537 of title 46, United States
Code, no action to dispose of the financial interest may be taken by
the Maritime Administrator until 180 days after the date the Maritime
Administrator notifies the Secretary of the Navy that the United States
has such financial interest.
(b) Covered Vessel Defined.--In this section the term ``covered
vessel'' means each of--
(1) the vessel HUAKAI (United States official number
1215902); and
(2) the vessel ALAKAI (United States official number
1182234).

DIVISION D--DISABLED MILITARY RETIREE RELIEF ACT OF 2009

SEC. 1. SHORT TITLE.

This division may be cited as the ``Disabled Military Retiree
Relief Act of 2009''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this division is as follows:

DIVISION D--DISABLED MILITARY RETIREE RELIEF ACT OF 2009

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMPENSATION AND BENEFITS FOR MEMBERS OF THE ARMED FORCES AND
MILITARY RETIREES

Subtitle A--Bonuses and Special and Incentive Pays

Subtitle A--General Provisions

Sec. 301. Repeal.

TITLE I--COMPENSATION AND BENEFITS FOR MEMBERS OF THE ARMED FORCES AND
MILITARY RETIREES

Subtitle A--Bonuses and Special and Incentive Pays

SEC. 101. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

SEC. 102. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

SEC. 103. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.

SEC. 104. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES.

SEC. 105. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAY.

SEC. 106. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
REFERRAL BONUSES.

SEC. 107. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO RECONCILE
CONFLICTING AMENDMENTS REGARDING CONTINUED PAYMENT OF
BONUSES AND SIMILAR BENEFITS FOR CERTAIN MEMBERS.

Subtitle B--Retired Pay Benefits

SEC. 111. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED GRADE
OF RESERVE RETIREES TO REFLECT SERVICE AFTER RETIREMENT.

SEC. 112. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE UPON
RETIREMENT FOR SERVICE IN AN ACTIVE RESERVE STATUS
PERFORMED AFTER ATTAINING ELIGIBILITY FOR REGULAR
RETIREMENT.

Subtitle C--Concurrent Receipt of Military Retired Pay and Veterans'
Disability Compensation

SEC. 121. ONE-YEAR EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF
MILITARY RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION TO INCLUDE ALL CHAPTER 61 DISABILITY
RETIREES REGARDLESS OF DISABILITY RATING PERCENTAGE OR
YEARS OF SERVICE.

(a) Phased Expansion Concurrent Receipt.--Subsection (a) of section
1414 of title 10, United States Code, is amended to read as follows:
``(a) Payment of Both Retired Pay and Disability Compensation.--
``(1) Payment of both required.--
``(A) In general.--Subject to subsection (b), a
member or former member of the uniformed services who
is entitled for any month to retired pay and who is
also entitled for that month to veterans' disability
compensation for a qualifying service-connected
disability (in this section referred to as a `qualified
retiree') is entitled to be paid both for that month
without regard to sections 5304 and 5305 of title 38.
``(B) Applicability of full concurrent receipt
phase-in requirement.--During the period beginning on
January 1, 2004, and ending on December 31, 2013,
payment of retired pay to a qualified retiree is
subject to subsection (c).
``(C) Phase-in exception for 100 percent disabled
retirees.--The payment of retired pay is subject to
subsection (c) only during the period beginning on
January 1, 2004, and ending on December 31, 2004, in
the case of the following qualified retirees:
``(i) A qualified retiree receiving
veterans' disability compensation for a
disability rated as 100 percent.
``(ii) A qualified retiree receiving
veterans' disability compensation at the rate
payable for a 100 percent disability by reason
of a determination of individual
unemployability.
``(D) Temporary phase-in exception for certain
chapter 61 disability retirees; termination.--Subject
to subsection (b), during the period beginning on
January 1, 2010, and ending on September 30, 2010,
subsection (c) shall not apply to a qualified retiree
described in subparagraph (B) or (C) of paragraph (2).
``(2) Qualifying service-connected disability defined.--In
this section, the term `qualifying service-connected
disability' means the following:
``(A) In the case of a member or former member
receiving retired pay under any provision of law other
than chapter 61 of this title, or under chapter 61 with
20 years or more of service otherwise creditable under
section 1405 or computed under section 12732 of this
title, a service-connected disability or combination of
service-connected disabilities that is rated as not
less than 50 percent disabling by the Secretary of
Veterans Affairs.
``(B) In the case of a member or former member
receiving retired pay under chapter 61 of this title
with less than 20 years of service otherwise creditable
under section 1405 or computed under section 12732 of
this title, a service-connected disability or
combination of service-connected disabilities that is
rated by the Secretary of Veterans Affairs at the
disabling level specified in one of the following
clauses (and, subject to paragraph (3), is effective on
or after the date specified in the applicable clause):
``(i) January 1, 2010, rated 100 percent,
or a rate payable at 100 percent by reason of
individual unemployability or rated 90 percent.
``(ii) January 1, 2011, rated 80 percent or
70 percent.
``(iii) January 1, 2012, rated 60 percent
or 50 percent.
``(C) In the case of a member or former member
receiving retired pay under chapter 61 regardless of
years of service, a service-connected disability or
combination of service-connected disabilities that is
rated by the Secretary of Veterans Affairs at the
disabling level specified in one of the following
clauses (and, subject to paragraph (3), is effective on
or after the date specified in the applicable clause):
``(i) January 1, 2013, rated 40 percent or
30 percent.
``(ii) January 1, 2014, any rating.
``(3) Limited duration.--Notwithstanding the effective date
specified in each clause of subparagraphs (B) and (C) of
paragraph (2), the clause shall apply only if the termination
date specified in subparagraph (D) of paragraph (1) occurs
during or after the calendar year specified in the clause,
except that, eligibility may not extend beyond the termination
date.''.
(b) Conforming Amendment to Special Rules for Chapter 61 Disability
Retirees.--Subsection (b) of such section is amended to read as
follows:
``(b) Special Rules for Chapter 61 Disability Retirees When
Eligibility Has Been Established for Such Retirees.--
``(1) General reduction rule.--The retired pay of a member
retired under chapter 61 of this title is subject to reduction
under sections 5304 and 5305 of title 38, but only to the
extent that the amount of the members retired pay under chapter
61 of this title exceeds the amount of retired pay to which the
member would have been entitled under any other provision of
law based upon the member's service in the uniformed services
if the member had not been retired under chapter 61 of this
title.
``(2) Retirees with fewer than 20 years of service.--
``(A) Before termination date.--If a member with a
qualifying service-connected disability (as defined in
subsection (a)(2)) is retired under chapter 61 of this
title with fewer than 20 years of creditable service
otherwise creditable under section 1405 or computed
under section 12732 of this title, and the termination
date specified in subsection (a)(1)(D) has not
occurred, the retired pay of the member is subject to
reduction under sections 5304 and 5305 of title 38, but
only to the extent that the amount of the member's
retired pay under chapter 61 of this title exceeds the
amount equal to 2\1/2\ percent of the member's years of
creditable service multiplied by the member's retired
pay base under section 1406(b)(1) or 1407 of this
title, whichever is applicable to the member.
``(B) After termination date.--Subsection (a) does
not apply to a member retired under chapter 61 of this
title with less than 20 years of service otherwise
creditable under section 1405 of this title, or with
less than 20 years of service computed under section
12732 of this title, at the time of the retirement of
the member if the termination date in paragraph (1)(D)
of such subsection has occurred.''.
(c) Conforming Amendment to Full Concurrent Receipt Phase-in.--
Subsection (c) of such section is amended by striking ``the second
sentence of''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1414. Concurrent receipt of retired pay and veterans' disability
compensation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item related to section 1414 and inserting the following
new item:

``1414. Concurrent receipt of retired pay and veterans' disability
compensation.''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010.

TITLE II--FEDERAL EMPLOYEE BENEFITS

Subtitle A--General Provisions

SEC. 201. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States Code, is
amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting
``(l)(1) In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an annuity
under this subchapter, the total service of an employee who retires on
an immediate annuity or who dies leaving a survivor or survivors
entitled to annuity includes the days of unused sick leave to his
credit under a formal leave system and for which days the employee has
not received payment, except that these days will not be counted in
determining average pay or annuity eligibility under this subchapter.
For purposes of this subsection, in the case of any such employee who
is excepted from subchapter I of chapter 63 under section 6301(2)(x)
through (xiii), the days of unused sick leave to his credit include any
unused sick leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2) of
title 5, United States Code, is amended by striking ``section 8415(k)''
and inserting ``paragraph (1) or (2) of section 8415(l)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to annuities computed based on separations occurring
on or after the date of enactment of this Act.

SEC. 202. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS ELIGIBLE TO
RECEIVE AN ACTUARIALLY REDUCED ANNUITY UNDER THE CIVIL
SERVICE RETIREMENT SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5, United States
Code, is amended by striking ``October 1, 1990'' each place it appears
and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a) shall be
effective with respect to any annuity, entitlement to which is based on
a separation from service occurring on or after the date of enactment
of this Act.

SEC. 203. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME SERVICE.

(a) In General.--Section 8339(p) of title 5, United States Code, is
amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of
any annuity which is attributable to service performed
on or after April 7, 1986; and
``(ii) shall not apply with respect to that portion
of any annuity which is attributable to service
performed before April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a) shall be
effective with respect to any annuity, entitlement to which is based on
a separation from service occurring on or after the date of enactment
of this Act.

SEC. 204. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United States
Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund of
retirement deductions under this or any other retirement system
established for employees of the Government covering service for which
such employee or Member may be allowed credit under this chapter may
deposit the amount received, with interest. Credit may not be allowed
for the service covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the third
sentence of section 8334(e)(2) to make a deposit in one or more
installments shall apply to deposits under this subsection.
``(3) For the purpose of survivor annuities, deposits authorized by
this subsection may also be made by a survivor of an employee or
Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);'' and
inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or survivor
also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:
``Sec. 8422. Deductions from pay; contributions for other service;
deposits''.
(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section 8422
and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 205. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE TO FEDERAL
SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying District
of Columbia service shall be entitled to have such service
included in calculating the individual's creditable service
under section 8332 or 8411 of title 5, United States Code, but
only for purposes of the following provisions of such title:
(A) Sections 8333 and 8410 (relating to eligibility
for annuity).
(B) Sections 8336 (other than subsections (d), (h),
and (p) thereof) and 8412 (relating to immediate
retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414
(relating to early retirement).
(E) Section 8341 and subchapter IV of chapter 84
(relating to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84
(relating to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under sections
8331(20) or 8401(17) of title 5, United States Code, for
purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not be
taken into account for purposes of computing the amount of any
benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In this
section, ``qualifying District of Columbia service'' means any of the
following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date
of the amendments made by section 11246(b) of the
Balanced Budget Act of 1997; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code
(other than by virtue of section 8331(1)(iv) of such
title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date
of the individual's coverage as an employee of the
Federal Government under section 11232(f) of such Act;
and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code
(other than by virtue of section 8331(1)(iv) of such
title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date
of the amendments made by section 7(e) of the District
of Columbia Courts and Justice Technical Corrections
Act of 1998; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code
(other than by virtue of section 8331(1)(iv) of such
title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the Lorton
Correctional Complex and who was appointed to a position with
the Bureau of Prisons, the District of Columbia courts, the
Pretrial Services, Parole, Adult Supervision, and Offender
Supervision Trustee, the United States Parole Commission, or
the District of Columbia Public Defender Service, service
performed by the individual as an employee of the District of
Columbia Department of Corrections--
(A) which was performed prior to the effective date
of the individual's coverage as an employee of the
Federal Government; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code
(other than by virtue of section 8331(1)(iv) of such
title).
(c) Certification of Service.--The Office of Personnel Management
shall accept the certification of the appropriate personnel official of
the government of the District of Columbia or other independent
employing entity concerning whether an individual performed qualifying
District of Columbia service and the length of the period of such
service the individual performed.

Subtitle B--Non-Foreign Area Retirement Equity Assurance

SEC. 211. SHORT TITLE.

This subtitle may be cited as the ``Non-Foreign Area Retirement
Equity Assurance Act of 2009'' or the ``Non-Foreign AREA Act of 2009''.

SEC. 212. EXTENSION OF LOCALITY PAY.

(a) Locality-based Comparability Payments.--Section 5304 of title
5, United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A) and
inserting the following:
``(A) each General Schedule position in the United
States, as defined under section 5921(4), and its
territories and possessions, including the Commonwealth
of Puerto Rico and the Commonwealth of the Northern
Mariana Islands, shall be included within a pay
locality;'';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking
``and'' after the semicolon;
(ii) in subparagraph (B) by striking the
period and inserting ``; and''; and
(iii) by adding after subparagraph (B) the
following:
``(C) positions under subsection (h)(1)(C) not
covered by appraisal systems certified under section
5382; and''; and
(B) by adding at the end the following:
``(3) The applicable maximum under this subsection shall be
level II of the Executive Schedule for positions under
subsection (h)(1)(C) covered by appraisal systems certified
under section 5307(d).''; and
(3) in subsection (h)(1)--
(A) in subparagraph (B) by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B) the
following:
``(C) a Senior Executive Service position under
section 3132 or 3151 or a senior level position under
section 5376 stationed within the United States, but
outside the 48 contiguous States and the District of
Columbia in which the incumbent was an individual who
on the day before the date of enactment of the Non-
Foreign Area Retirement Equity Assurance Act of 2009
was eligible to receive a cost-of-living allowance
under section 5941; and'';
(D) in clause (iv) in the matter following
subparagraph (D), by inserting ``, except for members
covered by subparagraph (C)'' before the semicolon; and
(E) in clause (v) in the matter following
subparagraph (D), by inserting ``, except for members
covered by subparagraph (C)'' before the semicolon.
(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is amended--
(1) in subsection (a), by adding after the last sentence
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1) shall
be the cost-of-living allowance rate in effect on the date of
enactment of the Non-Foreign Area Retirement Equity Assurance
Act of 2009, except as adjusted under subsection (c).'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) This section shall apply only to areas that are designated as
cost-of-living allowance areas as in effect on December 31, 2009.
``(c)(1) The cost-of-living allowance rate payable under this
section shall be adjusted on the first day of the first applicable pay
period beginning on or after--
``(A) January 1, 2010; and
``(B) January 1 of each calendar year in which a locality-
based comparability adjustment takes effect under section 214
(2) and (3) of the Non-Foreign Area Retirement Equity Assurance
Act of 2009.
``(2)(A) In this paragraph, the term `applicable locality-based
comparability pay percentage' means, with respect to calendar year 2010
and each calendar year thereafter, the applicable percentage under
section 214 (1), (2), or (3) of Non-Foreign Area Retirement Equity
Assurance Act of 2009.
``(B) Each adjusted cost-of-living allowance rate under paragraph
(1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2009; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability
payment percentage expressed as a numeral.
``(3) No allowance rate computed under paragraph (2) may be less
than zero.
``(4) Each allowance rate computed under paragraph (2) shall be
paid as a percentage of basic pay (including any applicable locality-
based comparability payment under section 5304 or similar provision of
law and any applicable special rate of pay under section 5305 or
similar provision of law).''.

SEC. 213. ADJUSTMENT OF SPECIAL RATES.

(a) In General.--Each special rate of pay established under section
5305 of title 5, United States Code, and payable in an area designated
as a cost-of-living allowance area under section 5941(a) of that title,
shall be adjusted, on the dates prescribed by section 214 of this
subtitle, in accordance with regulations prescribed by the Director of
the Office of Personnel Management under section 218 of this subtitle.
(b) Agencies With Statutory Authority.--
(1) In general.--Each special rate of pay established under
an authority described under paragraph (2) and payable in a
location designated as a cost-of-living allowance area under
section 5941(a)(1) of title 5, United States Code, shall be
adjusted in accordance with regulations prescribed by the
applicable head of the agency that are consistent with the
regulations issued by the Director of the Office of Personnel
Management under subsection (a).
(2) Statutory authority.--The authority referred to under
paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under
section 5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the
head of the agency determines it to be necessary in
order to obtain or retain the services of persons
specified by statute; and
(C) authorizes the head of the agency to increase
the minimum, intermediate, or maximum rates of basic
pay authorized under applicable statutes and
regulations.
(c) Temporary Adjustment.--Regulations issued under subsection (a)
or (b) may provide that statutory limitations on the amount of such
special rates may be temporarily raised to a higher level during the
transition period described in section 214 ending on the first day of
the first pay period beginning on or after January 1, 2012, at which
time any special rate of pay in excess of the applicable limitation
shall be converted to a retained rate under section 5363 of title 5,
United States Code.

SEC. 214. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY
PAYMENTS.

Notwithstanding any other provision of this subtitle or section
5304 or 5304a of title 5, United States Code, in implementing the
amendments made by this subtitle, for each non-foreign area determined
under section 5941(b) of that title, the applicable rate for the
locality-based comparability adjustment that is used in the computation
required under section 5941(c) of that title shall be adjusted
effective on the first day of the first pay period beginning on or
after January 1--
(1) in calendar year 2010, by using \1/3\ of the locality
pay percentage for the rest of United States locality pay area;
(2) in calendar year 2011, by using \2/3\ of the otherwise
applicable comparability payment approved by the President for
each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by
using the full amount of the applicable comparability payment
approved by the President for each non-foreign area.

SEC. 215. SAVINGS PROVISION.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the application of this subtitle to any employee should
not result in a decrease in the take home pay of that employee;
(2) in calendar year 2012 and each subsequent year, no
employee shall receive less than the Rest of the U.S. locality
pay rate;
(3) concurrent with the surveys next conducted under the
provisions of section 5304(d)(1)(A) of title 5, United States
Code, beginning after the date of the enactment of this Act,
the Bureau of Labor Statistics should conduct separate surveys
to determine the extent of any pay disparity (as defined by
section 5302 of that title) that may exist with respect to
positions located in the State of Alaska, the State of Hawaii,
and the United States territories, including American Samoa,
Guam, Commonwealth of the Northern Mariana Islands,
Commonwealth of Puerto Rico, and the United States Virgin
Islands;
(4) if the surveys under paragraph (3) indicate that the
pay disparity determined for the State of Alaska, the State of
Hawaii, or any 1 of the United States territories including
American Samoa, Guam, Commonwealth of the Northern Mariana
Islands, Commonwealth of Puerto Rico, and the United States
Virgin Islands exceeds the pay disparity determined for the
locality which (for purposes of section 5304 of that title) is
commonly known as the ``Rest of the United States'', the
President's Pay Agent should take appropriate measures to
provide that each such surveyed area be treated as a separate
pay locality for purposes of that section; and
(5) the President's Pay Agent will establish 1 locality
area for the entire State of Hawaii and 1 locality area for the
entire State of Alaska.
(b) Savings Provisions.--
(1) In general.--During the period described under section
214 of this subtitle, an employee paid a special rate under
5305 of title 5, United States Code, who the day before the
date of enactment of this Act was eligible to receive a cost-
of-living allowance under section 5941 of title 5, United
States Code, and who continues to be officially stationed in an
allowance area, shall receive an increase in the employee's
special rate consistent with increases in the applicable
special rate schedule. For employees in allowance areas, the
minimum step rate for any grade of a special rate schedule
shall be increased at the time of an increase in the applicable
locality rate percentage for the allowance area by not less
than the dollar increase in the locality-based comparability
payment for a non-special rate employee at the same minimum
step provided under section 214 of this subtitle, and
corresponding increases shall be provided for all step rates of
the given pay range.
(2) Continuation of cost of living allowance rate.--If an
employee, who the day before the date of enactment of this Act
was eligible to receive a cost-of-living allowance under
section 5941 of title 5, United States Code, would receive a
rate of basic pay and applicable locality-based comparability
payment which is in excess of the maximum rate limitation set
under section 5304(g) of title 5, United States Code, for his
position (but for that maximum rate limitation) due to the
operation of this subtitle, the employee shall continue to
receive the cost-of-living allowance rate in effect on December
31, 2009 without adjustment until--
(A) the employee leaves the allowance area or pay
system; or
(B) the employee is entitled to receive basic pay
(including any applicable locality-based comparability
payment or similar supplement) at a higher rate,
but, when any such position becomes vacant, the pay of any
subsequent appointee thereto shall be fixed in the manner
provided by applicable law and regulation.
(3) Locality-based comparability payments.--Any employee
covered under paragraph (2) shall receive any applicable
locality-based comparability payment extended under section 214
of this subtitle which is not in excess of the maximum rate set
under section 5304(g) of title 5, United States Code, for his
position including any future increase to statutory pay
limitations under 5318 of title 5, United States Code.
Notwithstanding paragraph (2), to the extent that an employee
covered under that paragraph receives any amount of locality-
based comparability payment, the cost-of-living allowance rate
under that paragraph shall be reduced accordingly, as provided
under section 5941(c)(2)(B) of title 5, United States Code.

SEC. 216. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on the day before the date of enactment
of this Act--
(I) was eligible to be paid a cost-
of-living allowance under 5941 of title
5, United States Code; and
(II) was not eligible to be paid
locality-based comparability payments
under 5304 or 5304a of that title; or
(ii) on or after the date of enactment of
this Act becomes eligible to be paid a cost-of-
living allowance under 5941 of title 5, United
States Code; or
(B) any employee who--
(i) on the day before the date of enactment
of this Act--
(I) was eligible to be paid an
allowance under section 1603(b) of
title 10, United States Code;
(II) was eligible to be paid an
allowance under section 1005(b) of
title 39, United States Code;
(III) was employed by the
Transportation Security Administration
of the Department of Homeland Security
and was eligible to be paid an
allowance based on section 5941 of
title 5, United States Code; or
(IV) was eligible to be paid under
any other authority a cost-of-living
allowance that is equivalent to the
cost-of-living allowance under section
5941 of title 5, United States Code; or
(ii) on or after the date of enactment of
this Act--
(I) becomes eligible to be paid an
allowance under section 1603(b) of
title 10, United States Code;
(II) becomes eligible to be paid an
allowance under section 1005(b) of
title 39, United States Code;
(III) is employed by the
Transportation Security Administration
of the Department of Homeland Security
and becomes eligible to be paid an
allowance based on section 5941 of
title 5, United States Code; or
(IV) is eligible to be paid under
any other authority a cost-of-living
allowance that is equivalent to the
cost-of-living allowance under section
5941 of title 5, United States Code.
(2) Application to covered employees.--
(A) In general.--Notwithstanding any other
provision of law, for purposes of this subtitle
(including the amendments made by this subtitle) any
covered employee shall be treated as an employee to
whom section 5941 of title 5, United States Code (as
amended by section 212 of this subtitle), and section
214 of this subtitle apply.
(B) Pay fixed by statute.--Pay to covered employees
under section 5304 or 5304a of title 5, United States
Code, as a result of the application of this subtitle
shall be considered to be fixed by statute.
(C) Performance appraisal system.--With respect to
a covered employee who is subject to a performance
appraisal system no part of pay attributable to
locality-based comparability payments as a result of
the application of this subtitle including section 5941
of title 5, United States Code (as amended by section
212 of this subtitle), may be reduced on the basis of
the performance of that employee.
(b) Postal Employees in Non-foreign Areas.--
(1) In general.--Section 1005(b) of title 39, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``Section 5941,'' and inserting
``Except as provided under paragraph (2), section
5941'';
(C) by striking ``For purposes of such section,''
and inserting ``Except as provided under paragraph (2),
for purposes of section 5941 of that title,''; and
(D) by adding at the end the following:
``(2) On and after the date of enactment of the Non-Foreign
Area Retirement Equity Assurance Act of 2009--
``(A) the provisions of that Act and section 5941
of title 5 shall apply to officers and employees
covered by section 1003 (b) and (c) whose duty station
is in a nonforeign area; and
``(B) with respect to officers and employees of the
Postal Service (other than those officers and employees
described under subparagraph (A)) of section 216(b)(2)
of that Act shall apply.''.
(2) Continuation of cost of living allowance.--
(A) In general.--Notwithstanding any other
provision of this subtitle, any employee of the Postal
Service (other than an employee covered by section 1003
(b) and (c) of title 39, United States Code, whose duty
station is in a nonforeign area) who is paid an
allowance under section 1005(b) of that title shall be
treated for all purposes as if the provisions of this
subtitle (including the amendments made by this
subtitle) had not been enacted, except that the cost-
of-living allowance rate paid to that employee--
(i) may result in the allowance exceeding
25 percent of the rate of basic pay of that
employee; and
(ii) shall be the greater of--
(I) the cost-of-living allowance
rate in effect on December 31, 2009 for
the applicable area; or
(II) the applicable locality-based
comparability pay percentage under
section 214.
(B) Rule of construction.--Nothing in this subtitle
shall be construed to--
(i) provide for an employee described under
subparagraph (A) to be a covered employee as
defined under subsection (a); or
(ii) authorize an employee described under
subparagraph (A) to file an election under
section 217 of this subtitle.

SEC. 217. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY
EMPLOYEES.

(a) Definition.--In this section the term ``covered employee''
means any employee--
(1) to whom section 214 applies;
(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of January 1, 2010, through December 31, 2012; and
(3) who files an election with the Office of Personnel
Management under subsection (b).
(b) Election.--
(1) In general.--An employee described under subsection (a)
(1) and (2) may file an election with the Office of Personnel
Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2012.
(c) Computation of Annuity.--
(1) In general.--Except as provided under paragraph (2),
for purposes of the computation of an annuity of a covered
employee any cost-of-living allowance under section 5941 of
title 5, United States Code, paid to that employee during the
first applicable pay period beginning on or after January 1,
2010 through the first applicable pay period ending on or after
December 31, 2012, shall be considered basic pay as defined
under section 8331(3) or 8401(4) of that title.
(2) Limitation.--The amount of the cost-of-living allowance
which may be considered basic pay under paragraph (1) may not
exceed the amount of the locality-based comparability payments
the employee would have received during that period for the
applicable pay area if the limitation under section 214 of this
subtitle did not apply.
(d) Civil Service Retirement and Disability Retirement Fund.--
(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have
been deducted and withheld from pay under
section 8334 or 8422 of title 5, United States
Code, during the period described under
subsection (c) of this section if the cost-of-
living allowances described under that
subsection had been treated as basic pay under
section 8331(3) or 8401(4) of title 5, United
States Code; and
(ii) employee contributions that were
actually deducted and withheld from pay under
section 8334 or 8422 of title 5, United States
Code, during that period; and
(B) interest as prescribed under section 8334(e) of
title 5, United States Code, based on the amount
determined under subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered
employee shall pay into the Civil Service Retirement
and Disability Retirement Fund an amount for applicable
agency contributions based on payments made under
paragraph (1).
(B) Source.--Amounts paid under this paragraph
shall be contributed from the appropriation or fund
used to pay the employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.

SEC. 218. REGULATIONS.

(a) In General.--The Director of the Office of Personnel Management
shall prescribe regulations to carry out this subtitle, including--
(1) rules for special rate employees described under
section 213;
(2) rules for adjusting rates of basic pay for employees in
pay systems administered by the Office of Personnel Management
when such employees are not entitled to locality-based
comparability payments under section 5304 of title 5, United
States Code, without regard to otherwise applicable statutory
pay limitations during the transition period described in
section 214 ending on the first day of the first pay period
beginning on or after January 1, 2012; and
(3) rules governing establishment and adjustment of saved
or retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2012.
(b) Other Pay Systems.--With the concurrence of the Director of the
Office of Personnel Management, the administrator of a pay system not
administered by the Office of Personnel Management shall prescribe
regulations to carry out this subtitle with respect to employees in
such pay system, consistent with the regulations prescribed by the
Office under subsection (a). With respect to employees not entitled to
locality-based comparability payments under section 5304 of title 5,
United States Code, regulations prescribed under this subsection may
provide for special payments or adjustments for employees who were
eligible to receive a cost-of-living allowance under section 5941 of
that title on the date before the date of enactment of this Act.

SEC. 219. EFFECTIVE DATES.

(a) In General.--Except as provided by subsection (b), this
subtitle (including the amendments made by this subtitle) shall take
effect on the date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by section 212
and the provisions of section 214 shall take effect on the first day of
the first applicable pay period beginning on or after January 1, 2010.

TITLE III--DEEPWATER OIL AND GAS RESEARCH AND DEVELOPMENT FUNDING
SOURCE REPEAL

SEC. 301. REPEAL.

Effective October 1, 2010, section 999H of the Energy Policy Act of
2005 (42 U.S.C. 16378) is amended--
(1) by striking subsections (a), (b), (c), and (f);
(2) by redesignating subsections (d) and (e) as subsections
(a) and (b), respectively;
(3) in subsection (a), as so redesignated, by striking
``obligated from the Fund under subsection (a)(1)'' and
inserting ``available under this section''; and
(4) in subsection (b), as so redesignated, by striking ``In
addition to other amounts that are made available to carry out
this section, there'' and inserting ``There''.

Passed the House of Representatives June 25, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.
Calendar No. 96

111th CONGRESS

1st Session

H. R. 2647

_______________________________________________________________________

AN ACT

_______________________________________________________________________

July 6, 2009

Received; read twice and placed on the calendar