[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Engrossed in Senate (ES)]
111th CONGRESS
1st Session
S. 1391
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2010 for military
activities of the Department of Defense, to prescribe military
personnel strengths for such fiscal year, 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.
This Act may be cited as the ``Department of Defense Authorization
Act for Fiscal Year 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. 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. Funding table.
Sec. 106. Elimination of F-22A aircraft procurement funding.
Subtitle B--Navy Programs
Sec. 111. Treatment of Littoral Combat Ship program as a major defense
acquisition program.
Sec. 112. Report on strategic plan for homeporting the Littoral Combat
Ship.
Sec. 113. Procurement programs for future naval surface combatants.
Sec. 114. Report on a service life extension program for Oliver Hazard
Perry class frigates.
Sec. 115. Competitive bidding for procurement of steam turbines for
ships service turbine generators and main
propulsion turbines for Ohio-class
submarine replacement program.
Subtitle C--Air Force Matters
Sec. 121. Limitation on retirement of C-5 aircraft.
Sec. 122. Revised availability of certain funds available for the F-22A
fighter aircraft.
Sec. 123. Report on potential foreign military sales of the F-22A
fighter aircraft.
Sec. 124. Next generation bomber aircraft.
Sec. 125. AC-130 gunships.
Sec. 126. Report on E-8C Joint Surveillance and Target Attack Radar
System re-engining.
Subtitle D--Joint and Multiservice Matters
Sec. 131. Modification of nature of data link utilizable by tactical
unmanned 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 use of funds for an alternative propulsion
system for the F-35 Joint Strike Fighter
program; increase in funding for
procurement of UH-1Y/AH-1Z rotary wing
aircraft and for management reserves for
the F-35 Joint Strike Fighter program.
Sec. 212. Enhancement of duties of Director of Department of Defense
Test Resource Management Center with
respect to the Major Range and Test
Facility Base.
Sec. 213. Guidance on specification of funding requested for operation,
sustainment, modernization, and personnel
of major ranges and test facilities.
Sec. 214. Permanent authority for the Joint Defense Manufacturing
Technology Panel.
Sec. 215. Extension and enhancement of Global Research Watch Program.
Sec. 216. Three-year extension of authority for prizes for advanced
technology achievements.
Sec. 217. Modification of report requirements regarding Defense Science
and Technology Program.
Sec. 218. Programs for ground combat vehicle and self propelled
howitzer capabilities for the Army.
Sec. 219. Assessment of technological maturity and integration risk of
Army modernization programs.
Sec. 220. Assessment of strategy for technology for modernization of
the combat vehicle and tactical wheeled
vehicle fleets.
Sec. 221. Systems engineering and prototyping program.
Subtitle C--Missile Defense Programs
Sec. 241. Sense of Congress on ballistic missile defense.
Sec. 242. Comprehensive plan for test and evaluation of the Ballistic
Missile Defense System.
Sec. 243. Assessment and plan for the Ground-based Midcourse Defense
element of the Ballistic Missile Defense
System.
Sec. 244. Report on potential missile defense cooperation with Russia.
Sec. 245. Continued production of Ground-based Interceptor missile and
operation of Missile Field 1 at Fort
Greely, Alaska.
Sec. 246. Sense of Senate on and reservation of funds for development
and deployment of missile defense systems
in Europe.
Sec. 247. Extension of deadline for study on boost-phase missile
defense.
Subtitle D--Other Matters
Sec. 251. Repeal of requirement for biennial joint warfighting science
and technology plan.
Sec. 252. Modification of reporting requirement for defense
nanotechnology research and development
program.
Sec. 253. Evaluation of Extended Range Modular Sniper Rifle Systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the former
Nansemond Ordnance Depot Site, Suffolk,
Virginia.
Subtitle C--Workplace and Depot Issues
Sec. 321. Modification of authority for Army industrial facilities to
engage in cooperative activities with non-
Army entities.
Sec. 322. Improvement of inventory management practices.
Sec. 323. Temporary suspension of authority for public-private
competitions.
Sec. 323A. Public-private competition required before conversion of any
department of defense function performed by
civilian employees to contractor
performance.
Sec. 323B. Time limitation on duration of public-private competitions.
Sec. 323C. Termination of certain public-private competitions for
conversion of department of defense
functions to performance by a contractor.
Sec. 324. Extension of arsenal support program initiative.
Sec. 325. Modification of date for submittal to Congress of annual
report on funding for public and private
performance of depot-level maintenance and
repair workloads.
Subtitle D--Energy Provisions
Sec. 331. Energy security on Department of Defense installations.
Sec. 332. Extension and expansion of reporting requirements regarding
Department of Defense energy efficiency
programs.
Sec. 333. Alternative Aviation Fuel Initiative.
Sec. 334. Authorization of appropriations for Director of Operational
Energy.
Sec. 335. Department of Defense participation in programs for
management of energy demand or reduction of
energy usage during peak periods.
Subtitle E--Reports
Sec. 341. Study on Army modularity.
Sec. 342. Plan for managing vegetative encroachment at training ranges.
Sec. 343. Report on status of Air National Guard and Air Force Reserve.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Additional authority for increases of Army active-duty end
strengths for fiscal years 2010, 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. Report on trainee account for the Army National Guard.
Sec. 417. Authority for service Secretary variances for Selected
Reserve end strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of limitations on general and flag officers on
active duty.
Sec. 502. Revisions to annual report requirement on joint officer
management.
Sec. 503. Grade of Legal Counsel to the Chairman of the Joint Chiefs of
Staff.
Sec. 504. Chief and Deputy Chief of Chaplains of the Air Force.
Subtitle B--Reserve Component Management
Sec. 511. Report on requirements of the National Guard for non-dual
status technicians.
Subtitle C--Education and Training
Sec. 521. Grade of commissioned officers in uniformed medical accession
programs.
Sec. 522. Expansion of criteria for appointment as member of the Board
of Regents of the Uniformed Services
University of the Health Sciences.
Sec. 523. Detail of commissioned officers as students at schools of
psychology.
Sec. 524. Air Force Academy Athletic Association.
Subtitle D--Defense Dependents' Education Matters
Sec. 531. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 532. Impact aid for children with severe disabilities.
Sec. 533. Two-year extension of authority for assistance to local
educational agencies with enrollment
changes due to base closures, force
structure changes, or force relocations.
Sec. 534. Permanent authority for enrollment in defense dependents'
education system of dependents of foreign
military members assigned to Supreme
Headquarters Allied Powers, Europe.
Sec. 535. Study on options for educational opportunities for dependent
children of members of the Armed Forces who
do not attend Department of Defense
dependents schools.
Sec. 536. Sense of Senate on the Interstate Compact on Educational
Opportunity for Military Children.
Sec. 537. Comptroller General audit of assistance to local educational
agencies for dependent children of members
of the Armed Forces.
Sec. 538. Authority to extend eligibility for enrollment in Department
of Defense elementary and secondary schools
to certain additional categories of
dependents.
Subtitle E--Military Justice and Legal Assistance Matters
Sec. 541. Independent review of judge advocate requirements of the
Department of the Navy.
Subtitle F--Military Family Readiness Matters
Sec. 551. Additional members on the Department of Defense Military
Family Readiness Council.
Sec. 552. Comprehensive plan on prevention, diagnosis, and treatment of
substance use disorders and disposition of
substance abuse offenders in the Armed
Forces.
Sec. 553. Military community support for children with autism and their
families.
Sec. 554. Reports on effects of deployments on military children and
the availability of mental health care and
counseling services for military children.
Sec. 555. Report on child custody litigation involving service of
members of the Armed Forces.
Sec. 556. Sense of Senate on preparation and coordination of Family
Care Plans.
Sec. 557. Expansion of suicide prevention and community healing and
response training under the Yellow Ribbon
Reintegration Program.
Sec. 558. Report on Yellow Ribbon Reintegration Program.
Sec. 559. Improved access to mental health care for family members of
members of the National Guard and Reserve
who are deployed overseas.
Sec. 560. Full access to mental health care for family members of
members of the National Guard and Reserve
who are deployed overseas.
Sec. 561. Comptroller General report on child care assistance for
deployed members of the reserve components
of the Armed Forces.
Subtitle G--Other Matters
Sec. 571. Deadline for report on sexual assault in the Armed Forces by
Defense Task Force on Sexual Assault in the
Military Services.
Sec. 572. Clarification of performance policies for military musical
units and musicians.
Sec. 573. Guarantee of residency for spouses of military personnel for
voting purposes.
Sec. 574. Determination for tax purposes of residence of spouses of
military personnel.
Sec. 575. Suspension of land rights residency requirement for spouses
of military personnel.
Sec. 576. Modification of Department of Defense share of expenses under
National Guard Youth Challenge Program.
Sec. 577. Provision to members of the Armed Forces and their families
of comprehensive information on benefits
for members of the Armed Forces and their
families.
Subtitle H--Military Voting
Sec. 581. Short title.
Sec. 582. Findings.
Sec. 583. Clarification regarding delegation of State responsibilities.
Sec. 584. Establishment of procedures for absent uniformed services
voters and overseas voters to request and
for states to send voter registration
applications and absentee ballot
applications by mail and electronically.
Sec. 585. Establishment of procedures for States to transmit blank
absentee ballots by mail and electronically
to absent uniformed services voters and
overseas voters.
Sec. 586. Ensuring absent uniformed services voters and overseas voters
have time to vote.
Sec. 587. Procedures for Collection and Delivery of Marked Absentee
Ballots of Absent Overseas Uniformed
Services Voters.
Sec. 588. Federal write-in absentee ballot.
Sec. 589. Prohibiting refusal to accept voter registration and absentee
ballot applications, marked absentee
ballots, and federal write-in absentee
ballots for failure to meet certain
requirements.
Sec. 590. Federal Voting Assistance Program Improvements.
Sec. 591. Development of standards for reporting and storing certain
data.
Sec. 592. Repeal of provisions relating to use of single application
for all subsequent elections.
Sec. 593. Reporting requirements.
Sec. 594. Annual report on enforcement.
Sec. 595. Requirements payments.
Sec. 596. Technology pilot program.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Comptroller General of the United States comparative
assessment of military and private-sector
pay and benefits.
Sec. 603. Increase in maximum monthly amount of supplemental
subsistence allowance for low-income
members with dependents.
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence
program for certain periods before
implementation of program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to title 37 consolidated
special pay, incentive pay, and bonus
authorities.
Sec. 615. Extension of authorities relating to payment of other title
37 bonuses and special pays.
Sec. 616. Extension of authorities relating to payment of referral
bonuses.
Sec. 617. Special compensation for members of the uniformed services
with serious injuries or illnesses
requiring assistance in everyday living.
Sec. 618. Temporary authority for monthly special pay for members of
the Armed Forces subject to continuing
active duty or service under stop-loss
authorities.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for designated
individuals of wounded, ill, or injured
members of the uniformed services for
duration of inpatient treatment.
Sec. 632. Travel and transportation allowances for non-medical
attendants of seriously wounded, ill, or
injured members of the uniformed services.
Sec. 633. Travel and transportation allowances for members of the
reserve components of the Armed Forces on
leave for suspension of training.
Sec. 634. Reimbursement of travel expenses of members of the Armed
Forces on active duty and their dependents
for travel for specialty care under
exceptional circumstances.
Sec. 635. Travel and transportation for survivors of deceased members
of the uniformed services to attend
memorial ceremonies.
Subtitle D--Other Matters
Sec. 651. Authority to continue provision of incentives after
termination of temporary Army authority to
provide additional recruitment incentives.
Sec. 652. Repeal of requirement of reduction of SBP survivor annuities
by dependency and indemnity compensation.
Sec. 653. Sense of Congress on airfares for members of the Armed
Forces.
Sec. 654. Continuation on active duty of reserve component members
during physical disability evaluation
following mobilization and deployment.
Sec. 655. Use of local residences for community-based care for certain
reserve component members.
Sec. 656. Assistance with transitional benefits.
Sec. 657. Report on recruitment and retention of members of the Air
Force in nuclear career fields.
Sec. 658. Sense of Congress on establishment of flexible spending
arrangements for the uniformed services.
Sec. 659. Treatment as active service for retired pay purposes of
service as member of Alaska Territorial
Guard during World War II.
Sec. 660. Inclusion of service after September 11, 2001, in
determination of reduced eligibility age
for receipt of non-regular service retired
pay.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
Sec. 701. TRICARE Standard coverage for certain members of the Retired
Reserve, and family members, who are
qualified for a non-regular retirement but
are not yet age 60.
Sec. 702. Expansion of eligibility of survivors under the TRICARE
dental program.
Sec. 703. Constructive eligibility for TRICARE benefits of certain
persons otherwise ineligible under
retroactive determination of entitlement to
Medicare part A hospital insurance
benefits.
Sec. 704. Reform and improvement of the TRICARE program.
Sec. 705. Comptroller General of the United States report on
implementation of requirements on the
relationship between the TRICARE program
and employer-sponsored group health plans.
Sec. 706. Sense of the Senate on health care benefits and costs for
members of the Armed Forces and their
families.
Sec. 707. Notification of certain individuals regarding options for
enrollment under Medicare part B.
Subtitle B--Other Health Care Benefits
Sec. 711. Mental health assessments for members of the Armed Forces
deployed in connection with a contingency
operation.
Sec. 712. Enhancement of transitional dental care for members of the
reserve components on active duty for more
than 30 days in support of a contingency
operation.
Sec. 713. Reduction of minimum distance of travel for reimbursement of
covered beneficiaries of the military
health care system for travel for specialty
health care.
Sec. 714. Report on post-deployment health assessments of Guard and
Reserve members.
Subtitle C--Health Care Administration
Sec. 721. Comprehensive policy on pain management by the military
health care system.
Sec. 722. Plan to increase the behavioral health capabilities of the
Department of Defense.
Sec. 723. Department of Defense study on management of medications for
physically and psychologically wounded
members of the Armed Forces.
Sec. 724. Prescription of antidepressants for troops serving in Iraq
and Afghanistan.
Subtitle D--Wounded Warrior Matters
Sec. 731. Pilot program for the provision of cognitive rehabilitative
therapy services under the TRICARE program.
Sec. 732. Department of Defense Task Force on the Care, Management, and
Transition of Recovering Wounded, Ill, and
Injured Members of the Armed Forces.
Sec. 733. Report on use of alternative therapies in treatment of post-
traumatic stress disorder.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Contract authority for advanced development of prototype
units.
Sec. 802. Justification and approval of sole-source contracts.
Subtitle B--Acquisition Policy and Management
Sec. 811. Reporting requirements for programs that qualify as both
major automated information system programs
and major defense acquisition programs.
Sec. 812. Funding of Department of Defense Acquisition Workforce
Development Fund.
Sec. 813. Enhancement of expedited hiring authority for defense
acquisition workforce positions.
Sec. 814. Treatment of non-Defense Agency procurements under joint
programs with the Department of Defense
under limitations on non-Defense Agency
procurements on behalf of the Department of
Defense.
Sec. 815. Comptroller General of the United States report on training
of acquisition and audit personnel of the
Department of Defense.
Subtitle C--Contractor Matters
Sec. 821. Authority for government support contractors to have access
to technical data belonging to prime
contractors.
Sec. 822. Extension and enhancement of authorities on the Commission on
Wartime Contracting in Iraq and
Afghanistan.
Sec. 823. Prohibition on interrogation of detainees by contractor
personnel.
Sec. 824. Modifications to database for Federal agency contract and
grant officers and suspension and debarment
officials.
Subtitle D--Other Matters
Sec. 831. Enhanced authority to acquire products and services produced
in Central Asia, Pakistan, and the South
Caucasus.
Sec. 832. Small arms production industrial base matters.
Sec. 833. Extension of SBIR and STTR programs of the Department of
Defense.
Sec. 834. Expansion and permanent authority for small business
innovation research commercialization
program.
Sec. 835. Measures to ensure the safety of facilities, infrastructure,
and equipment for military operations.
Sec. 836. Repeal of requirements relating to the military system
essential item breakout list.
Sec. 837. Defense Science Board report on rare earth materials in the
defense supply chain.
Sec. 838. Small business contracting programs parity.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Deputy Under Secretaries of Defense and Assistant Secretaries
of Defense.
Sec. 902. Repeal of certain limitations on personnel and consolidation
of reports on major Department of Defense
headquarters activities.
Sec. 903. Sense of Senate on the Western Hemisphere Institute for
Security Cooperation.
Sec. 904. Reestablishment of position of Vice Chief of the National
Guard Bureau.
Subtitle B--Space Matters
Sec. 911. Provision of space situational awareness services and
information to non-United States Government
entities.
Sec. 912. Plan for management and funding of National Polar-Orbiting
Operational Environmental Satellite System
Program.
Subtitle C--Intelligence Matters
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use
proceeds from counterintelligence
operations.
Subtitle D--Other Matters
Sec. 931. United States Military Cancer Institute.
Sec. 932. Instruction of private sector employees in cyber security
courses of the Defense Cyber Investigations
Training Academy.
Sec. 933. Plan on access to national airspace for unmanned aircraft.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Audit readiness of financial statements of the Department of
Defense.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Temporary reduction in minimum number of aircraft carriers
in active service.
Sec. 1012. Repeal of policy relating to the major combatant vessels of
the strike forces of the United States
Navy.
Sec. 1013. Sense of Senate on the maintenance of a 313-ship Navy.
Sec. 1014. Designation of U.S.S. Constitution as America's Ship of
State.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension and modification of authority to provide
additional support for counter-drug
activities of certain foreign governments.
Sec. 1022. One-year extension of authority for joint task forces
support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1023. One-year extension of authority to support unified counter-
drug and counterterrorism campaign in
Colombia.
Subtitle D--Military Commissions
Sec. 1031. Military commissions.
Sec. 1032. Trial by military commission of alien unprivileged
belligerents for violations of the law of
war.
Sec. 1033. No Miranda warnings for Al Qaeda terrorists.
Subtitle E--Medical Facility Matters
Sec. 1041. Short title.
Sec. 1042. Executive agreement.
Sec. 1043. Transfer of property.
Sec. 1044. Transfer of civilian personnel of the Department of Defense.
Sec. 1045. Joint funding authority for the Captain James A. Lovell
Federal Health Care Center.
Sec. 1046. Eligibility of members of the uniformed services for care
and services at the Captain James A. Lovell
Federal Health Care Center.
Sec. 1047. Extension of DOD-VA Health Care Sharing Incentive Fund.
Subtitle F--Miscellaneous Requirements, Authorities, and Limitations
Sec. 1051. Congressional earmarks relating to the Department of
Defense.
Sec. 1052. National strategic five-year plan for improving the nuclear
forensic and attribution capabilities of
the United States.
Sec. 1053. One-year extension of authority to offer and make rewards
for assistance in combating terrorism
through government personnel of allied
forces.
Sec. 1054. Business process reengineering.
Sec. 1055. Responsibility for preparation of biennial global
positioning system report.
Sec. 1056. Additional subpoena authority for the Inspector General of
the Department of Defense.
Sec. 1057. Reports on bandwidth requirements for major defense
acquisition programs and major system
acquisition programs.
Sec. 1058. Multiyear contracts under pilot program on commercial fee-
for-service air refueling support for the
Air Force.
Sec. 1059. Additional duty for advisory panel on Department of Defense
capabilities for support of civil
authorities after certain incidents.
Subtitle G--Reports
Sec. 1071. National intelligence estimate on nuclear aspirations of
non-state entities and nuclear weapons and
related programs in non-nuclear-weapons
states and countries not parties to the
Nuclear Non-Proliferation Treaty.
Sec. 1072. Comptroller General of the United States assessment of
military whistleblower protections.
Sec. 1073. Report on re-determination process for permanently
incapacitated dependents of retired and
deceased members of the Armed Forces.
Sec. 1074. Comptroller General review of spending in the final quarter
of fiscal year 2009 by the Department of
Defense.
Sec. 1075. Report on Air America.
Sec. 1076. Report on criteria for selection of strategic embarkation
ports and ship layberthing locations.
Sec. 1077. Report on defense travel simplification.
Sec. 1078. Report on modeling and simulation activities of United
States Joint Forces Command.
Sec. 1079. Report on enabling capabilities for special operations
forces.
Subtitle H--Other Matters
Sec. 1081. Transfer of Navy aircraft N40VT.
Sec. 1082. Transfer of Big Crow aircraft.
Sec. 1083. Plan for sustainment of land-based solid rocket motor
industrial base.
Sec. 1084. Pilot program on use of service dogs for the treatment or
rehabilitation of veterans with physical or
mental injuries or disabilities.
Sec. 1085. Expansion of State home care for parents of veterans who
died while serving in Armed Forces.
Sec. 1086. Federal Employees Retirement System age and retirement
treatment for certain retirees of the Armed
Forces.
Sec. 1087. Sense of Congress on manned airborne irregular warfare
platforms.
Sec. 1088. Extension of sunset for Congressional Commission on the
Strategic Posture of the United States.
Sec. 1089. Additional members and duties for independent panel to
assess the quadrennial defense review.
Sec. 1090. Contracting improvements.
Sec. 1091. National D-Day Memorial study.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel
Sec. 1101. Repeal of National Security Personnel System; Department of
Defense personnel authorities.
Sec. 1102. Extension and modification of experimental personnel
management program for scientific and
technical personnel.
Sec. 1103. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1104. Availability of funds for compensation of certain civilian
employees of the Department of Defense.
Sec. 1105. Department of Defense Civilian Leadership Program.
Sec. 1106. Review of defense laboratories for participation in defense
laboratory personnel demonstration
projects.
Subtitle B--Part-Time Reemployment of Annuitants
Sec. 1161. Short title.
Sec. 1162. Part-time reemployment.
Sec. 1163. General Accountability Office report.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Increase in unit cost threshold for purchases using certain
funds under the Combatant Commander
Initiative Fund.
Sec. 1202. Authority to provide administrative services and support to
coalition liaison officers of certain
foreign nations assigned to United States
Joint Forces Command.
Sec. 1203. Modification of authorities relating to program to build the
capacity of foreign military forces.
Sec. 1204. Modification of notification and reporting requirements for
use of authority for support of special
operations to combat terrorism.
Sec. 1205. Modification of authority for reimbursement of certain
coalition nations for support provided to
United States military operations.
Sec. 1206. One-year extension and expansion of Commanders' Emergency
Response Program.
Sec. 1207. One-year extension of authority for security and
stabilization assistance.
Sec. 1208. Authority for non-reciprocal exchanges of defense personnel
between the United States and foreign
countries.
Sec. 1209. Defense cooperation between the United States and Iraq.
Sec. 1210. Report on alternatives to use of acquisition and cross-
servicing agreements to lend military
equipment for personnel protection and
survivability.
Sec. 1211. Ensuring Iraqi security through defense cooperation between
the United States and Iraq.
Sec. 1212. Availability of appropriated funds for the State Partnership
Program.
Sec. 1213. Authority to transfer defense articles and provide defense
services to the military and security
forces of Iraq and Afghanistan.
Sec. 1214. Certification requirement for Coalition Support Fund
reimbursements.
Subtitle B--Reports
Sec. 1221. Report on United States engagement with Iran.
Sec. 1222. Report on Cuba and Cuba's relations with other countries.
Sec. 1223. Report on Venezuela.
Sec. 1224. Report on military power of Iran.
Sec. 1225. Annual counterterrorism status reports.
Sec. 1226. Report on Taiwan's air force.
Sec. 1227. Report on United States contributions to the United Nations.
Subtitle C--Other Matters
Sec. 1231. Sense of Congress on establishment of measures of progress
to evaluate United States strategic
objectives in Afghanistan and Pakistan.
Sec. 1232. Sense of the Senate on imposing sanctions with respect to
the Islamic Republic of Iran.
Sec. 1233. Sense of the Senate on enforcement and imposition of
sanctions with respect to North Korea;
review to determine whether North Korea
should be re-listed as a state sponsor of
terrorism.
Sec. 1234. Report on the plan for the United States nuclear weapons
stockpile, nuclear weapons complex, and
delivery platforms and sense of the Senate
on follow-on negotiations to START Treaty.
Sec. 1235. Sense of Congress on continued support by the United States
for a stable and democratic Republic of
Iraq.
Sec. 1236. Report on feasibility and desirability of establishing
general uniform procedures and guidelines
for the provision of monetary assistance by
the United States to civilian foreign
nationals for losses incident to combat
activities of the armed forces.
Subtitle D--VOICE Act
Sec. 1241. Short title.
Sec. 1242. Sense of Congress.
Sec. 1243. Statement of policy.
Sec. 1244. Authorization of appropriations.
Sec. 1245. Iranian Electronic Education, Exchange, and Media Fund.
Sec. 1246. Annual report.
Sec. 1247. Report on actions by non-Iranian companies.
Sec. 1248. Human rights documentation.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Authority to enter into agreements to receive contributions
for Biological Threat Reduction Program.
Sec. 1304. Authorization of use of Cooperative Threat Reduction program
funds for bilateral and multilateral
nonproliferation and disarmament
activities.
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.
Sec. 1407. Funding table.
Subtitle B--National Defense Stockpile
Sec. 1411. Extension of previously authorized disposal of cobalt from
National Defense Stockpile.
Sec. 1412. Authorization for actions to correct the industrial resource
shortfall for high-purity beryllium metal
in amounts not in excess of $80,000,000.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--OVERSEAS CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test, and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Military personnel.
Sec. 1509. Working capital funds.
Sec. 1510. Defense Health Program.
Sec. 1511. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1512. Defense Inspector General.
Sec. 1513. Treatment as additional authorizations.
Sec. 1514. Funding tables.
Sec. 1515. Special transfer authority.
Sec. 1516. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1517. Availability of funds in Pakistan Counterinsurgency Fund.
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. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement for the Army as follows:
(1) For aircraft, $5,144,891,000.
(2) For missiles, $1,375,109,000.
(3) For weapons and tracked combat vehicles,
$2,451,952,000.
(4) For ammunition, $2,059,895,000.
(5) For other procurement, $9,617,991,000.
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, $18,655,412,000.
(2) For weapons, including missiles and torpedoes,
$3,515,455,000.
(3) For shipbuilding and conversion, $13,776,867,000.
(4) For other procurement, $5,595,176,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2010 for procurement for the Marine Corps in the amount
of $1,600,638,000.
(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, $13,077,876,000.
(2) For missiles, $6,107,728,000.
(3) For ammunition, $822,462,000.
(4) For other procurement, $17,245,341,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2010
for Defense-wide procurement as follows:
(1) For Defense-wide procurement, $4,050,052,000.
(2) For the Rapid Acquisition Fund, $79,300,000.
(3) For the Mine Resistant Ambush Protected Vehicle Fund,
$1,200,000,000.
SEC. 105. FUNDING TABLE.
The amounts authorized to be appropriated by sections 101, 102,
103, and 104 shall be available, in accordance with the requirements of
section 4001, for projects, programs, and activities, and in the
amounts, specified in the funding table in section 4101.
SEC. 106. ELIMINATION OF F-22A AIRCRAFT PROCUREMENT FUNDING.
(a) Elimination of Funding.--The amount authorized to be
appropriated by section 103(1) for procurement for the Air Force for
aircraft procurement is hereby decreased by $1,750,000,000, with the
amount of the decrease to be derived from amounts available for F-22A
aircraft procurement.
(b) Restored Funding.--
(1) Operation and maintenance, army.--The amount authorized
to be appropriated by section 301(1) for operation and
maintenance for the Army is hereby increased by $350,000,000.
(2) Operation and maintenance, navy.--The amount authorized
to be appropriated by section 301(2) for operation and
maintenance for the Navy is hereby increased by $100,000,000.
(3) Operation and maintenance, air force.--The amount
authorized to be appropriated by section 301(4) for operation
and maintenance for the Air Force is hereby increased by
$250,000,000.
(4) Operation and maintenance, defense-wide.--The amount
authorized to be appropriated by section 301(5) for operation
and maintenance for Defense-wide activities is hereby increased
by $150,000,000.
(5) Military personnel.--The amount authorized to be
appropriated by section 421(a)(1) for military personnel is
hereby increased by $400,000,000.
(6) Division a and division b generally.--In addition to
the amounts specified in paragraphs (1) through (5), the total
amount authorized to be appropriated for the Department of
Defense by divisions A and B is hereby increased by
$500,000,000.
Subtitle B--Navy Programs
SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A MAJOR DEFENSE
ACQUISITION PROGRAM.
Effective as of the date of the enactment of this Act, the program
for the Littoral Combat Ship shall be treated as a major defense
acquisition program for purposes of chapter 144 of title 10, United
States Code.
SEC. 112. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL COMBAT
SHIP.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report setting forth the strategic
plan of the Navy for homeporting the Littoral Combat Ship (LCS) on the
East Coast and West Coast of the United States.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The requirements for homeporting of the Littoral Combat
ship of the commanders of the combatant commands, set forth by
geographic area of responsibility (AOR).
(2) A description of the manner in which the Navy will meet
the requirements identified under paragraph (1).
(3) An assessment of the effect of each type of Littoral
Combat Ship on each port in which such ship could be
homeported.
(4) A map, based on the current plan of 55 Littoral Combat
Ships, identifying where each ship will homeport and how such
ports will accommodate both types of Littoral Combat Ships,
based on the current program and a 313-ship Navy.
(5) An estimate of the costs of infrastructure required for
Littoral Combat Ships at each homeport, including--
(A) existing infrastructure; and
(B) such upgraded infrastructure as may be
required.
SEC. 113. PROCUREMENT PROGRAMS FOR FUTURE NAVAL SURFACE COMBATANTS.
(a) Limitation on Availability of Funds Pending Reports About
Surface Combatant Shipbuilding Programs.--The Secretary of the Navy may
not obligate or expend funds for the construction of, or advanced
procurement of materials for, a surface combatant to be constructed
after fiscal year 2011 until the Secretary has submitted to Congress
each of the following:
(1) An acquisition strategy for such surface combatants
that has been approved by the Department of Defense.
(2) The results of reviews by the Joint Requirements
Oversight Council for an Acquisition Category I program that
supports the need for an acquisition strategy to procure
surface combatants after fiscal year 2011.
(3) A verification by an independent review panel convened
by the Secretary of Defense that, in evaluating the
shipbuilding program concerned, the Secretary of the Navy
considered each of the following:
(A) Modeling and simulation, including war gaming
conclusions regarding combat effectiveness for the
selected ship platforms as compared to other reasonable
alternative approaches.
(B) Assessments of platform operational
availability.
(C) Life cycle costs from vessel manning levels to
accomplish missions.
(4) An intelligence analysis reflecting a coordinated
threat assessment of the Defense Intelligence Agency that
provides the basis for deriving the mix of platforms in the
shipbuilding program concerned when compared with the surface
combatants in the 2009 shipbuilding plan.
(5) The differences in cost and schedule arising from the
need to accommodate new sensors and weapons in future surface
combatants to counter the future threats referred to in
paragraph (4) when compared with the cost and schedule arising
from the need to accommodate sensors and weapons on surface
combatants as contemplated by the 2009 shipbuilding plan for
the vessels concerned.
(6) A verification by the commanders of the combatant
commands that the shipbuilding program for the vessels
concerned would be preferable to the surface combatants
included in the 2009 shipbuilding plan for the vessels
concerned in meeting all of their future mission requirements.
(7) A joint review by the Navy and the Missile Defense
Agency setting forth additional requirements for investment in
Aegis ballistic missile defense (BMD) beyond the number of DDG-
51 and CG-47 vessels planned to be equipped for this mission
area in the budget of the President for fiscal year 2010 (as
submitted to Congress pursuant to section 1105 of title 31,
United States Code).
(b) Future Surface Combatant Acquisition Strategy.--Not later than
the date upon which President submits to Congress the budget for fiscal
year 2012 (as so submitted), the Secretary of the Navy shall submit to
the congressional defense committees a plan to provide for full and
open competition on the combat systems for surface combatants proposed
in the future-years defense program submitted to Congress under section
221 of title 10, United States Code, together with such budget. The
plan shall include specifics on the intent of the Navy to satisfy
criteria described in subsection (a) and evaluate applicable
technologies during the request for proposal and selection process.
(c) Naval Surface Fire Support.--Not later than 120 days after the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees an update to the March 2006 Report to
Congress on Naval Surface Fire Support. The update shall identify how
the Department of Defense intends to address any shortfalls between
required naval surface fire support capability and the plan of the Navy
to provide that capability. The update shall include addenda by the
Chief of Naval Operations and Commandant of the Marine Corps, as was
the case in the 2006 report.
(d) Technology Roadmap for Future Surface Combatants and Fleet
Modernization.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Navy shall
develop a plan to incorporate into surface combatants
constructed after 2011, and into fleet modernization programs,
the technologies developed for the DDG-1000 destroyer and the
DDG-51 and CG-47 Aegis ships, including the following:
(A) For the DDG-1000 destroyer--
(i) combat system;
(ii) multi-function and dual-band radars;
(iii) hull, mechanical and electrical
systems achieving significant manpower savings;
and
(iv) integrated electric propulsion
technologies.
(B) For the DDG-51 and CG-47 Aegis ships--
(i) combat system, including missile
defense capability;
(ii) hull, mechanical and electrical
systems achieving manpower savings; and
(iii) anti-submarine warfare sensor systems
designed for operating in open ocean areas.
(2) Scope of plan.--The plan required by paragraph (1)
shall include sufficient detail for systems and subsystems to
ensure that the plan--
(A) avoids redundant development for common
functions;
(B) reflects implementation of Navy plans for
achieving an open architecture for all naval surface
combat systems; and
(C) fosters full and open competition.
(e) Definition.--In this section:
(1) The term ``2009 shipbuilding plan'' means the 30-year
shipbuilding plan submitted to Congress pursuant to section
231, title 10, United States Code, together with the budget of
the President for fiscal year 2009 (as submitted to Congress
pursuant to section 1105 of title 31, United States Code).
(2) The term ``surface combatant'' means a cruiser, a
destroyer, or any naval vessel under a program currently
designated as a future surface combatant program.
SEC. 114. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR OLIVER HAZARD
PERRY CLASS FRIGATES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional defense
committees a report setting forth the following:
(1) A detailed analysis of a service life extension program
(SLEP) for the Oliver Hazard Perry class frigates (FFGs),
including--
(A) the cost of the program;
(B) a schedule for the program; and
(C) the shipyards available to carry out the work
under the program.
(2) A detailed plan of the Navy for achieving a 313-ship
fleet as contemplated by the 2006 Quadrennial Defense Review,
including a comparison for purposes of that plan of
decommissioning Oliver Hazard Perry class frigates as scheduled
with extending the service life of such frigates under the
service life extension program.
(3) The strategic plan of the Navy for the manner in which
the Littoral Combat Ship (LCS) will fulfill the roles and
missions currently performed by the Oliver Hazard Perry class
frigates as they are decommissioned.
(4) The strategic plan of the Navy for the Littoral Combat
Ship if the extension of the service life of the Oliver Hazard
Perry class frigates alleviates demand arising under the
current capabilities gap in the Littoral Combat Ship.
(5) A description of the manner in which the Navy has met
the needs of the United States Southern Command over time,
including the assets and vessels the Navy has deployed for
military-to-military engagements, UNITAS exercises, and
counterdrug operations in support of the Commander of the
United States Southern Command during the five-year period
ending on the date of the report.
SEC. 115. COMPETITIVE BIDDING FOR PROCUREMENT OF STEAM TURBINES FOR
SHIPS SERVICE TURBINE GENERATORS AND MAIN PROPULSION
TURBINES FOR OHIO-CLASS SUBMARINE REPLACEMENT PROGRAM.
The Secretary of the Navy shall take measures to ensure
competition, or the option of competition, for steam turbines for the
ships service turbine generators and main propulsion turbines for the
Ohio-class submarine replacement program in accordance with section 202
of the Weapons Systems Acquisition Reform Act of 2009 (Public Law 111-
23; 10 U.S.C. 2430 note).
Subtitle C--Air Force Matters
SEC. 121. LIMITATION ON RETIREMENT OF C-5 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not proceed
with a decision to retire C-5A aircraft from the active inventory of
the Air Force in any number that would reduce the total number of such
aircraft in the active inventory below 111 until--
(1) the Air Force has modified a C-5A aircraft to the
configuration referred to as the Reliability Enhancement and
Reengining Program (RERP) configuration, as planned under the
C-5 System Development and Demonstration program as of May 1,
2003; and
(2) the Director of Operational Test and Evaluation of the
Department of Defense--
(A) conducts an operational evaluation of that
aircraft, as so modified; and
(B) provides to the Secretary of Defense and the
congressional defense committees an operational
assessment.
(b) Operational Evaluation.--An operational evaluation for purposes
of paragraph (2)(A) of subsection (a) is an evaluation, conducted
during operational testing and evaluation of the aircraft, as so
modified, of the performance of the aircraft with respect to
reliability, maintainability, and availability and with respect to
critical operational issues.
(c) Operational Assessment.--An operational assessment for purposes
of paragraph (2)(B) of subsection (a) is an operational assessment of
the program to modify C-5A aircraft to the configuration referred to in
subsection (a)(1) regarding both overall suitability and deficiencies
of the program to improve performance of the C-5A aircraft relative to
requirements and specifications for reliability, maintainability, and
availability of that aircraft as in effect on May 1, 2003.
(d) Additional Limitations on Retirement of Aircraft.--The
Secretary of the Air Force may not retire C-5 aircraft from the active
inventory as of the date of this Act until the later of the following:
(1) The date that is 150 days after the date on which the
Director of Operational Test and Evaluation submits the report
referred to in subsection (a)(2)(B).
(2) The date that is 120 days after the date on which the
Secretary submits the report required under subsection (e).
(3) The date that is 30 days after the date on which the
Secretary certifies to the congressional defense committees
that--
(A) the retirement of such aircraft will not
increase the operational risk of meeting the National
Defense Strategy; and
(B) the retirement of such aircraft will not reduce
the total strategic airlift force structure below 324
strategic airlift aircraft.
(e) Report on Retirement of Aircraft.--The Secretary of the Air
Force shall submit to the congressional defense committees a report
setting forth the following:
(1) The rationale for the retirement of existing C-5
aircraft and a cost/benefit analysis of alternative strategic
airlift force structures, including the force structure that
would result from the retirement of such aircraft.
(2) An assessment of the costs and benefits of applying the
Reliability Enhancement and Re-engining Program (RERP)
modification to the entire the C-5A aircraft fleet.
(3) An assessment of the implications for the Air Force,
the Air National Guard, and the Air Force Reserve of operating
a mix of C-5A aircraft and C-5M aircraft.
(4) An assessment of the costs and benefits of increasing
the number of C-5 aircraft in Back-up Aircraft Inventory (BAI)
status as a hedge against future requirements of such aircraft.
(5) An assessment of the costs, benefits, and implications
of transferring C-5 aircraft to United States flag carriers
operating in the Civil Reserve Air Fleet (CRAF) program or to
coalition partners in lieu of the retirement of such aircraft.
(6) Such other matters relating to the retirement of C-5
aircraft as the Secretary considers appropriate.
(f) Maintenance of Aircraft Upon Retirement.--The Secretary of the
Air Force shall maintain any C-5 aircraft retired after the date of the
enactment of this Act in Type 1000 storage until opportunities for the
transfer of such aircraft as described in subsection (e)(5) have been
fully exhausted.
SEC. 122. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR THE F-22A
FIGHTER AIRCRAFT.
(a) Repeal of Authority on Availability of Fiscal Year 2009
Funds.--Section 134 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4378) is
repealed.
(b) Availability of Advance Procurement Funds for Other F-22A
Aircraft Modernization Priorities.--Subject to the provisions of
appropriations Acts and applicable requirements relating to the
transfer of funds, the Secretary of the Air Force may transfer amounts
authorized to be appropriated for fiscal year 2009 by section 103(1)
for aircraft procurement for the Air Force and available for advance
procurement for the F-22A fighter aircraft within that subaccount or to
other subaccounts for aircraft procurement for the Air Force for
purposes of providing funds for other modernization priorities with
respect to the F-22A fighter aircraft.
SEC. 123. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE F-22A
FIGHTER AIRCRAFT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Secretary of State and in consultation with the Secretary of
the Air Force, submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a report on potential
foreign military sales of the F-22A fighter aircraft.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate of the costs to the United States
Government, industry, and any foreign military sales customer
of developing an exportable version of the F-22A fighter
aircraft.
(2) An assessment whether an exportable version of the F-
22A fighter aircraft is technically feasible and executable,
and, if so, a timeline for achieving an exportable version of
the aircraft.
(3) An assessment of the potential strategic implications
of permitting foreign military sales of the F-22A fighter
aircraft.
(4) An assessment of the impact of foreign military sales
of the F-22A fighter aircraft on the United States aerospace
and aviation industry, and the advantages and disadvantages of
such sales for sustaining that industry.
(5) An identification of any modifications to current law
that are required to authorize foreign military sales of the F-
22A fighter aircraft.
(c) Additional Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide for a federally funded research and development center which
will submit to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, through the Secretary of Defense, a
report on potential foreign military sales of the F-22A fighter
aircraft, addressing the same elements as in subsection (b) of this
section.
SEC. 124. NEXT GENERATION BOMBER AIRCRAFT.
(a) Findings.--Congress makes the following findings:
(1) Long-range strike is a critical mission in which the
United States needs to retain a credible and dominant
capability.
(2) Long range, penetrating strike systems provide--
(A) a hedge against being unable to obtain access
to forward bases for political reasons;
(B) a capacity to respond quickly to contingencies;
(C) the ability to base outside the reach of
emerging adversary anti-access and area-denial
capabilities; and
(D) the ability to impose disproportionate
defensive costs on prospective adversaries of the
United States.
(3) The 2006 Quadrennial Defense Review found that there
was a requirement for a next generation bomber aircraft and
directed the United States Air Force to ``develop a new land-
based, penetrating long range strike capability to be fielded
by 2018''.
(4) On April 6, 2009, Secretary Gates announced that the
United States ``will not pursue a development program for a
follow-on Air Force bomber until we have a better understanding
of the need, the requirement and the technology''.
(5) On May 7, 2009, President Barack Obama announced the
termination of the next generation bomber aircraft program in
the document of the Office of Management and Budget entitled
``Terminations, Reductions, and Savings'', stating that ``there
is no urgent need to begin an expensive development program for
a new bomber'' and that ``the future bomber fleet may not be
affordable over the next six years''.
(6) The United States will need a new long-range strike
capability because the conflicts of the future will likely
feature heavily defended airspace, due in large part to the
proliferation of relatively inexpensive, but sophisticated and
deadly, air defense systems.
(7) General Michael Maples, the Director of the Defense
Intelligence Agency, noted during a March 10, 2009, hearing of
the Committee on Armed Services of the Senate on worldwide
threats that ``Russia, quite frankly, is the developer of most
of those [advanced air defense] systems and is exporting those
systems both to China and to other countries in the world''.
(8) The Final Report of the Congressional Commission on the
Strategic Posture of the United States, submitted to Congress
on May 6, 2009, states that ``[t]he bomber force is valuable
particularly for extending deterrence in time of crisis, as
their deployment is visible and signals U.S. commitment.
Bombers also impose a significant cost burden on potential
adversaries in terms of the need to invest in advanced air
defenses''.
(9) The commanders of the United States Pacific Command,
the United States Strategic Command, and the United States
Joint Forces Command have each testified before the Committee
on Armed Services of the Senate in support of the capability
that the next generation bomber aircraft would provide.
(10) On June 17, 2009, General James Cartwright, Vice-
Chairman of the Joint Chiefs of Staff and chair of the Joint
Requirements Oversight Council, stated during a hearing before
the Committee on Armed Services of the Senate that ``the nation
needs a new bomber''.
(11) Nearly half of the United States bomber aircraft
inventory (47 percent) pre-dates the Cuban Missile Crisis.
(12) The only air-breathing strike platforms the United
States possesses today with reach and survivability to have a
chance of successfully executing missions more than 1,000
nautical miles into enemy territory from the last air-to-air
refueling are 16 combat ready B-2 bomber aircraft.
(13) The B-2 bomber aircraft was designed in the 1980s and
achieved initial operational capability over a decade ago.
(14) The crash of an operational B-2 bomber aircraft during
takeoff at Guam in early 2008 indicates that attrition can and
does occur even in peacetime.
(15) The primary mission requirement of the next generation
bomber aircraft is the ability to strike targets anywhere on
the globe with whatever weapons the contingency requires.
(16) The requisite aerodynamic, structural, and low-
observable technologies to develop the next generation bomber
aircraft already exist in fifth-generation fighter aircraft.
(b) Policy on Continued Development of Next Generation Bomber
Aircraft in Fiscal Year 2010.--It is the policy of the United States to
support a development program for next generation bomber aircraft
technologies.
SEC. 125. AC-130 GUNSHIPS.
(a) Report on Reduction in Service Life in Connection With
Accelerated Deployment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force, in consultation
with the United States Special Operations Command, shall submit to the
congressional defense committees an assessment of the reduction in the
service life of AC-130 gunships of the Air Force as a result of the
accelerated deployments of such gunships that are anticipated during
the seven- to ten-year period beginning with the date of the enactment
of this Act, assuming that operating tempo continues at a rate per year
of the average of their operating rate for the last five years.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate by series of the maintenance costs for the
AC-130 gunships during the period described in subsection (a),
including any major airframe and engine overhauls of such
aircraft anticipated during that period.
(2) A description by series of the age, serviceability, and
capabilities of the armament systems of the AC-130 gunships.
(3) An estimate by series of the costs of modernizing the
armament systems of the AC-130 gunships to achieve any
necessary capability improvements.
(4) A description by series of the age and capabilities of
the electronic warfare systems of the AC-130 gunships, and an
estimate of the cost of upgrading such systems during that
period to achieve any necessary capability improvements.
(5) A description by series of the age of the avionics
systems of the AC-130 gunships, and an estimate of the cost of
upgrading such systems during that period to achieve any
necessary capability improvements.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Analysis of Alternatives.--The Secretary of the Air Force, in
consultation with the United States Special Operations Command, shall
conduct an analysis of alternatives for any gunship modernization
requirements identified by the 2009 quadrennial defense review under
section 118 of title 10, United States Code. The results of the
analysis of alternatives shall be provided to the congressional defense
committees not later than 18 months after the completion of the 2009
quadrennial defense review.
SEC. 126. REPORT ON E-8C JOINT SURVEILLANCE AND TARGET ATTACK RADAR
SYSTEM RE-ENGINING.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on replacing the engines
of E-8C Joint Surveillance and Target Attack Radar System (Joint STARS)
aircraft. The report shall include the following:
(1) An assessment of funding alternatives and options for
accelerating funding for the fielding of Joint STARS aircraft
with replaced engines.
(2) An analysis of the tradeoffs involved in the decision
to replace the engines of Joint STARS aircraft or not to
replace those engines, including the potential cost savings
from replacing those engines and the operational impacts of not
replacing those engines.
(3) An identification of the optimum path forward for
replacing the engines of Joint STARS aircraft and modernizing
the Joint STARS fleet.
(b) Limitation on Certain Actions.--The Secretary of the Air Force
may not take any action that would adversely impact the pace of the
execution of the program to replace the engines of Joint STARS aircraft
before submitting the report required by subsection (a).
Subtitle D--Joint and Multiservice Matters
SEC. 131. MODIFICATION OF NATURE OF DATA LINK UTILIZABLE BY TACTICAL
UNMANNED AERIAL VEHICLES.
Section 141(a)(1) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3164) is amended by
striking ``, until such time as the Tactical Common Data Link is
replace by an updated standard for use by those vehicles'' and
inserting ``or a data link that uses waveform capable of transmitting
and receiving Internet Protocol communications''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--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, $10,863,003,000.
(2) For the Navy, $19,597,696,000.
(3) For the Air Force, $28,693,952,000.
(4) For Defense-wide activities, $20,555,270,000.
(5) For Operational Test and Evaluation, Defense,
$190,770,000.
(b) Funding Table.--The amounts authorized to be appropriated by
subsection (a) shall be available, in accordance with the requirements
of section 4001, for projects, programs, and activities, and in the
amounts, specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. LIMITATION ON USE OF FUNDS FOR AN ALTERNATIVE PROPULSION
SYSTEM FOR THE F-35 JOINT STRIKE FIGHTER PROGRAM;
INCREASE IN FUNDING FOR PROCUREMENT OF UH-1Y/AH-1Z ROTARY
WING AIRCRAFT AND FOR MANAGEMENT RESERVES FOR THE F-35
JOINT STRIKE FIGHTER PROGRAM.
(a) Limitation on Use of Funds for an Alternative Propulsion System
for the F-35 Joint Strike Fighter Program.--None of the funds
authorized to be appropriated or otherwise made available by this Act
may be obligated or expended for the development or procurement of an
alternate propulsion system for the F-35 Joint Strike Fighter program
until the Secretary of Defense submits to the congressional defense
committees a certification in writing that the development and
procurement of the alternate propulsion system--
(1) will--
(A) reduce the total life-cycle costs of the F-35
Joint Strike Fighter program; and
(B) improve the operational readiness of the fleet
of F-35 Joint Strike Fighter aircraft; and
(2) will not--
(A) disrupt the F-35 Joint Strike Fighter program
during the research, development, and procurement
phases of the program; or
(B) result in the procurement of fewer F-35 Joint
Strike Fighter aircraft during the life cycle of the
program.
(b) Additional Amount for UH-1Y/AH-1Z Rotary Wing Aircraft.--The
amount authorized to be appropriated by section 102(a)(1) for aircraft
procurement for the Navy is increased by $282,900,000, with the amount
of the increase to be allocated to amounts available for the
procurement of UH-1Y/AH-1Z rotary wing aircraft.
(c) Restoration of Management Reserves for F-35 Joint Strike
Fighter Program.--
(1) Navy joint strike fighter.--The amount authorized to be
appropriated by section 201(a)(2) for research, development,
test, and evaluation for the Navy is hereby increased by
$78,000,000, with the amount of the increase to be allocated to
amounts available for the Joint Strike Fighter program (PE #
0604800N) for management reserves.
(2) Air force joint strike fighter.--The amount authorized
to be appropriated by section 201(a)(3) for research,
development, test, and evaluation for the Air Force is hereby
increased by $78,000,000, with the amount of the increase to be
allocated to amounts available for the Joint Strike Fighter
program (PE # 0604800F) for management reserves.
(d) Offsets.--
(1) Navy joint strike fighter f136 development.--The amount
authorized to be appropriated by section 201(a)(2) for
research, development, test, and evaluation for the Navy is
hereby decreased by $219,450,000, with the amount of the
decrease to be derived from amounts available for the Joint
Strike Fighter (PE # 0604800N) for F136 development.
(2) Air force joint strike fighter f136 development.--The
amount authorized to be appropriated by section 201(a)(3) for
research, development, test, and evaluation for the Air Force
is hereby decreased by $219,450,000, with the amount of the
decrease to be derived from amounts available for the Joint
Strike Fighter (PE # 0604800F) for F136 development.
SEC. 212. ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT OF DEFENSE
TEST RESOURCE MANAGEMENT CENTER WITH RESPECT TO THE MAJOR
RANGE AND TEST FACILITY BASE.
(a) Authority To Review Proposals for Significant Changes.--Section
196(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(3) by inserting ``(1)'' before ``The Director'';
(4) by redesignating subparagraphs (B), (C), and (D), as so
redesignated, as subparagraphs (C), (D), and (E), respectively;
and
(5) by inserting after subparagraph (A), as so
redesignated, the following new subparagraph (B):
``(B) To review proposed significant changes to the test
and evaluation facilities and resources of the Major Range and
Test Facility Base before they are implemented by the
Secretaries of the military departments or the heads of the
Defense Agencies with test and evaluation responsibilities and
advise the Secretary of Defense and the Under Secretary of
Acquisition, Technology, and Logistics of the impact of such
changes on the adequacy of such test and evaluation facilities
and resources to meet the test and evaluation requirements of
the Department.''.
(b) Access to Records and Data.--Such section is further amended by
adding at the end the following new paragraph:
``(2) The Director shall have access to all records and data of the
test and evaluation activities, facilities, and elements of the Major
Range and Test Facility Base, including the records and data of each
military department and Defense Agency, that the Director considers
necessary in order to carry out the Director's duties under paragraph
(1)(B).''.
SEC. 213. GUIDANCE ON SPECIFICATION OF FUNDING REQUESTED FOR OPERATION,
SUSTAINMENT, MODERNIZATION, AND PERSONNEL OF MAJOR RANGES
AND TEST FACILITIES.
(a) Guidance on Specification of Funding.--The Secretary of Defense
shall, acting through the Under Secretary of Defense (Comptroller) and
the Director of the Department of Defense Test Resource Management
Center, issue guidance on the specification by the military departments
and Defense Agencies of amounts to be requested in the budget of the
President for a fiscal year (as submitted to Congress pursuant to
section 1105(a) of title 31, United States Code) for funding for each
facility and resource of the Major Range and Test Facility Base in
connection with each of the following:
(1) Operation.
(2) Sustainment.
(3) Investment and modernization.
(4) Government personnel.
(5) Contractor personnel.
(b) Applicability.--The guidance issued under subsection (a) shall
apply with respect to budgets of the President for fiscal years after
fiscal year 2010.
(c) Major Range and Test Facility Base Defined.--In this section,
the term ``Major Range and Test Facility Base'' has the meaning given
that term in section 196(h) of title 10, United States Code.
SEC. 214. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANUFACTURING
TECHNOLOGY PANEL.
Section 2521 of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Joint Defense Manufacturing Technology Panel.--(1) There is
in the Department of Defense the Joint Defense Manufacturing Technology
Panel.
``(2)(A) The Chair of the Joint Defense Manufacturing Technology
Panel shall be the head of the Panel. The Chair shall be appointed, on
a rotating basis, from among the appropriate personnel of the military
departments and Defense Agencies with manufacturing technology
programs.
``(B) The Panel shall be composed of at least one individual from
among appropriate personnel of each military department and Defense
Agency with manufacturing technology programs. The Panel may include as
ex-officio members such individuals from other government
organizations, academia, and industry as the Chair considers
appropriate.
``(3) The purposes of the Panel shall be as follows:
``(A) To identify and integrate requirements for the
program.
``(B) To conduct joint planning for the program.
``(C) To develop joint strategies for the program.
``(4) In carrying out the purposes specified in paragraph (3), the
Panel shall perform the functions as follows:
``(A) Conduct comprehensive reviews and assessments of
defense-related manufacturing issues being addressed by the
manufacturing technology programs and related activities of the
Department of Defense.
``(B) Execute strategic planning to identify joint planning
opportunities for increased cooperation in the development and
implementation of technological products and the leveraging of
funding for such purposes with the private sector and other
government agencies.
``(C) Ensure the integration and coordination of
requirements and programs under the program with Office of the
Secretary of Defense and other national-level initiatives,
including the establishment of information exchange processes
with other government agencies, private industry, academia, and
professional associations.
``(D) Conduct such other functions as the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall
specify.
``(5) The Panel shall report to and receive direction from the
Director of Defense Research and Engineering on manufacturing
technology issues of multi-service concern and application.
``(6) The administrative expenses of the Panel shall be borne by
each military department and Defense Agency with manufacturing
technology programs in such manner as the Panel shall provide.''.
SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH WATCH PROGRAM.
(a) Limitation on Availability of Certain Funds for Military
Departments Pending Provision of Assistance Under Program.--Subsection
(d) of section 2365 of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) Funds available to a military department for a fiscal year
for monitoring or analyzing the research activities and capabilities of
foreign nations may not be obligated or expended until the Director
certifies to the Under Secretary of Defense for Acquisition,
Technology, and Logistics that the Secretary of such military
department has provided the assistance required under paragraph (2).
``(B) The limitation in subparagraph (A) shall not be construed to
alter or effect the availability to a military department of funds for
intelligence activities.''.
(b) Four-year Extension of Program.--Subsection (f) of such section
is amended by striking ``September 30, 2011'' and inserting ``September
30, 2015''.
SEC. 216. THREE-YEAR EXTENSION OF AUTHORITY FOR PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a(f) of title 10, United States Code, is amended by
striking ``September 30, 2010'' and inserting ``September 30, 2013''.
SEC. 217. MODIFICATION OF REPORT REQUIREMENTS REGARDING DEFENSE SCIENCE
AND TECHNOLOGY PROGRAM.
Section 212 of the National Defense Authorization Act for Fiscal
Year 2000 (10 U.S.C. 2501 note) is amended by striking subsection (b),
(c), and (d) and inserting the following new subsections:
``(b) Funding Objective.--It is the sense of Congress that it
should be an objective of the Secretary of Defense to increase the
budget for the Defense Science and Technology Program, including the
science and technology program of each military department, for each
fiscal year after fiscal year 2010 over the budget for that program for
the preceding fiscal year by a percent that is at least equal to the
rate of inflation, as determined by the Office of Management and
Budget.
``(c) Actions Following Failure To Comply With Objective.--If the
proposed budget of the Department of Defense for a fiscal year fails to
comply with the objective set forth in subsection (b), the Secretary of
Defense shall submit to the congressional defense committees each of
the following:
``(1) Not later than 60 days after the proposed budget is
submitted to Congress, a detailed, prioritized list, including
estimates of required funding, of proposals for science and
technology projects received by the Department through
competitive solicitations in the fiscal year preceding the
fiscal year covered by the proposed budget which were not
funded but represent science and technology opportunities that
support the research and development programs and goals of the
military departments and the Defense Agencies.
``(2) Not later than six months after the proposed budget
is submitted to Congress, an independent assessment, in both
classified and unclassified form (as necessary), of any
research, technology, or engineering areas that are of interest
to the Department in which the United States may not have
global technical leadership within the next 10 years.
``(d) Sunset.--The requirements of this section shall terminate on
December 31, 2014.''.
SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF PROPELLED
HOWITZER CAPABILITIES FOR THE ARMY.
(a) Programs Required.--
(1) In general.--The Secretary of Defense shall carry out a
separate program to achieve each of the following:
(A) The development, test, and fielding of an
operationally effective, suitable, survivable, and
affordable next generation ground combat vehicle for
the Army.
(B) The development, test, and fielding of an
operationally effective, suitable, survivable, and
affordable next generation self-propelled howitzer
capability for the Army.
(2) Compliance with certain acquisition requirements.--Each
program under paragraph (1) shall comply with the requirements
of the Weapons Systems Acquisition Reform Act of 2009, and the
amendments made by that Act.
(b) Strategy and Plan for Acquisition.--
(1) In general.--Not later than March 31, 2010, the
Secretary shall submit to the congressional defense committees
a report setting forth a strategy and plan for the acquisition
of weapon systems under the programs required by subsection
(a). Each strategy and plan shall include measurable goals and
objectives for the acquisition of such weapon systems, and
shall identify all proposed major development, testing,
procurement, and fielding events toward the achievement of such
goals and objectives.
(2) Elements.--In developing each strategy and plan under
paragraph (1), the Secretary shall consider the following:
(A) A single vehicle or family of vehicles
utilizing a common chassis and automotive components.
(B) The incorporation of weapon, vehicle,
communications, network, and system of systems common
operating environment technologies developed under the
Future Combat Systems program.
(c) Annual Reports.--
(1) Reports required.--The Secretary shall submit to the
congressional defense committees, at the same time the
President submits to Congress the budget for each of fiscal
years 2011 through 2015 (as submitted pursuant to section
1105(a) of title 31, United States Code), a report on the
investments proposed to be made under such budget with respect
to each program required by subsection (a).
(2) Elements.--Each report under paragraph (1) shall set
forth, for the fiscal year covered by the budget with which
such report is submitted--
(A) the manner in which amounts requested in such
budget would be available for each program required by
subsection (a); and
(B) an assessment of the extent to which utilizing
such amount in such manner would improve ground combat
capabilities for the Army.
SEC. 219. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRATION RISK OF
ARMY MODERNIZATION PROGRAMS.
(a) Assessment Required.--The Director of Defense Research and
Engineering shall, in consultation with the Director of Developmental
Test and Evaluation, review and assess the technological maturity and
integration risk of critical technologies (as jointly identified by the
Director and the Secretary of the Army for purposes of this section) of
Army modernization programs and appropriate associated programs,
including the programs as follows:
(1) Manned Ground Vehicle and Ground Combat Vehicle.
(2) Future Combat Systems network hardware and software.
(3) Warfighter Information Network-Tactical, Increment 3.
(4) Joint Tactical Radio System.
(5) Reconnaissance unmanned aerial vehicles.
(6) Future Combat Systems Spin Out technologies.
(7) Any other programs jointly identified by the Director
and the Secretary for purposes of this section.
(b) Report.--Not later than nine months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the technological maturity
and integration risk of critical technologies of Army modernization and
associated programs covered by the review and assessment required under
subsection (a), as determined pursuant to that assessment.
SEC. 220. ASSESSMENT OF STRATEGY FOR TECHNOLOGY FOR MODERNIZATION OF
THE COMBAT VEHICLE AND TACTICAL WHEELED VEHICLE FLEETS.
(a) Independent Assessment of Strategy Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into a contract with an appropriate entity independent of the
United States Government to conduct an independent assessment
of current, anticipated, and potential research and engineering
activities for or applicable to the modernization of the combat
vehicle fleet and tactical wheeled vehicle fleet of the
Department of Defense.
(2) Access to information and resources.--The Secretary
shall provide the entity with which the Secretary contracts
under paragraph (1) access to such information and resources as
are appropriate to conduct the assessment required by that
paragraph.
(b) Report.--
(1) In general.--The contract required by subsection (a)
shall provide that the entity with which the Secretary
contracts under that subsection shall submit to the Secretary
of Defense and the congressional defense committees a report on
the assessment required by that subsection not later than
December 31, 2010.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed discussion of the requirements and
capability needs identified or proposed for current and
prospective combat vehicles and tactical wheeled
vehicles.
(B) An identification of capability gaps for combat
vehicles and tactical wheeled vehicles based on lessons
learned from recent conflicts and an assessment of
emerging threats.
(C) An identification of the critical technology
elements or integration risks associated with
particular categories of combat vehicles and tactical
wheeled vehicles, and with particular missions of such
vehicles.
(D) Recommendations for a plan to develop and
deploy within the next 10 years critical technology
capabilities to address the capability gaps identified
pursuant to subparagraph (B), including an
identification of high priority science and technology,
research & engineering, and prototyping opportunities.
(E) Such other matters as the Secretary considers
appropriate.
SEC. 221. SYSTEMS ENGINEERING AND PROTOTYPING PROGRAM.
(a) Program Required.--The Secretary of Defense shall, acting
through the Under Secretary of Defense for Acquisition, Technology, and
Logistics, carry out a program to encourage and fund systems
engineering and prototyping efforts in support of Department of Defense
goals and missions.
(b) Objectives.--The objectives of the program required by
subsection (a) shall be as follows:
(1) To develop system prototypes for systems that provide
capabilities supportive of addressing Department of Defense
goals, needs, and requirements.
(2) To successfully demonstrate new systems in relevant
environments.
(3) To encourage the training of systems engineers and the
development of systems engineering tools and practices.
(c) Selection of Projects.--
(1) Program areas.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall, in consultation
with the military departments and the Defense Agencies,
designate general areas for systems engineering and prototype
projects under the program required by subsection (a).
(2) Solicitation of projects.--The Under Secretary shall
solicit for the selection of projects under the program within
the areas designated under paragraph (1) from among other
government entities, federally-funded research and development
centers, academia, the private sector, and such other persons,
organizations, and entities as the Under Secretary considers
appropriate.
(3) Selection.--The Under Secretary shall select projects
for implementation under the program from among responses to
the solicitations made under paragraph (2). The Under Secretary
shall select such projects on a competitive basis.
(d) Implementation of Projects.--For each project selected under
subsection (c)(3), the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall designate a military department or
Defense Agency to implement the project as part of the program required
by subsection (a).
(e) Funding of Projects.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall, subject to
paragraphs (2) and (3), provide funds for each project selected
under subsection (c)(3) in an amount jointly determined by the
Under Secretary and the acquisition executive of the military
department or Defense Agency concerned.
(2) Limitation on amount of funds.--The amount of funds
provided to a project under paragraph (1) shall be not greater
than the amount equal to 50 percent of the total cost of the
project.
(3) Limitation on period of funding.--A project may not be
provided funds under this subsection for more than three fiscal
years.
(4) Source of other funding.--Any funds required for a
project under this section that are not provided under this
subsection shall be derived from funds available to the
military department or Defense Agency concerned, or another
appropriate source other than this subsection.
(f) Annual Report.--Not later than March 31 each year, the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
submit to the congressional defense committees a report on the
activities carried out under the program required by subsection (a)
during the preceding fiscal year.
(g) Acquisition Executive Defined.--In this section, the term
``acquisition executive'', with respect to a military department or
Defense Agency, means the official designated as the senior procurement
executive for the military department or Defense Agency for the
purposes of section 16(c) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414 (c)).
Subtitle C--Missile Defense Programs
SEC. 241. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.
It is the sense of Congress that--
(1) the United States should develop, test, field, and
maintain operationally effective, cost-effective, affordable,
reliable, suitable, and survivable ballistic missile defense
systems that are capable of defending the United States, its
forward-deployed forces, allies, and other friendly nations
from the threat of ballistic missile attacks from nations such
as North Korea and Iran;
(2) the missile defense force structure and inventory
levels of such missile defense systems should be determined
based on an assessment of ballistic missile threats and a
determination by senior military leaders, combatant commanders,
and defense officials of the requirements and capabilities
needed to address those threats; and
(3) the test and evaluation program for such missile
defense systems should be rigorous, robust, operationally
realistic, and capable of providing a high level of confidence
in the capability of such systems (including their continuing
effectiveness over the course of their service lives), and
adequate resources should be available for that test and
evaluation program (including interceptor missiles and targets
for flight tests).
SEC. 242. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall establish a
comprehensive plan for the developmental and operational
testing and evaluation of the Ballistic Missile Defense System
and its various elements.
(2) Period of plan.--The plan shall cover the period
covered by the future-years defense program that is submitted
to Congress under section 221 of title 10, United States Code,
at or about the same time as the submittal to Congress of the
budget of the President for fiscal year 2011.
(3) Input.--In establishing the plan, the Secretary shall
receive input on matters covered by the plan from the
following:
(A) The Director of the Missile Defense Agency.
(B) The Director of Operational Test and
Evaluation.
(C) The operational test components of the military
departments.
(b) Elements.--The plan required by subsection (a) shall include,
with regard to developmental and operational testing of the Ballistic
Missile Defense System, the following:
(1) Test and evaluation objectives.
(2) Test and evaluation criteria and metrics.
(3) Test and evaluation procedures and methodology.
(4) Data requirements.
(5) System and element configuration under test.
(6) Approaches to verification, validation, and
accreditation of models and simulations.
(7) The relative role of models and simulations, ground
tests, and flight tests in achieving the objectives of the
plan.
(8) Test infrastructure and resources, including test range
limitations and potential range enhancements.
(9) Test readiness review approaches and methodology.
(10) Testing for system and element integration and
interoperability.
(11) Means for achieving operational realism and means of
demonstrating operational effectiveness, suitability and
survivability.
(12) Detailed descriptions of planned tests.
(13) A description of the resources required to implement
the plan.
(c) Report.--
(1) In general.--Not later than March 1, 2011, the
Secretary shall submit to the congressional defense committees
a report setting forth and describing the plan required by
subsection (a) and each of the elements required in the plan
under subsection (b).
(2) Additional information on ground-based midcourse
defense.--The report required by this subsection shall, in
addition to the matters specified in paragraph (1), include a
detailed description of the test and evaluation activities
pertaining to the Ground-based Midcourse Defense (GMD) element
of the Ballistic Missile Defense System as follows:
(A) Plans for salvo testing.
(B) Plans for multiple simultaneous engagement
testing.
(C) Plans for intercept testing using the Cobra
Dane radar as the engagement sensor.
(D) Plans to test and demonstrate the ability of
the system to accomplish its mission over the planned
term of its operational service life (also known as
``sustainment testing'').
(3) Form.--The report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 243. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE
ELEMENT OF THE BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Ground-based Midcourse Defense (GMD) element of the
Ballistic Missile Defense System should be an operationally
effective, cost-effective, affordable, reliable, suitable, and
survivable system capable of defending the United States from
the threat of long-range missile attacks from nations such as
North Korea and Iran, and adequate resources should be
available to create and maintain such a capability (including
continuing effectiveness over the course of its service life);
(2) the force structure and inventory levels of the Ground-
based Midcourse Defense element should be determined based on
an assessment of ballistic missile threats from nations such as
North Korea and Iran and a determination by senior military
leaders, combatant commanders, and defense officials of the
requirements and capabilities needed to address those threats;
and
(3) the test and evaluation program for the Ground-based
Midcourse Defense element should be rigorous, robust,
operationally realistic, and capable of providing a high degree
of confidence in the capability of the system (including
testing to demonstrate the continuing effectiveness of the
system over the course of its service life), and adequate
resources should be available for that test and evaluation
program (including interceptor missiles and targets for flight
tests).
(b) Assessment Required.--
(1) In general.--As part of the Quadrennial Defense Review
and the Ballistic Missile Defense Review, the Secretary of
Defense shall conduct an assessment of the following:
(A) Ground-based Midcourse Defense element of the
Ballistic Missile Defense System.
(B) Future options for the Ground-based Midcourse
Defense element.
(2) Elements.--The assessment required by paragraph (1)
shall include an assessment of the following:
(A) The ballistic missile threat against which the
Ground-based Midcourse Defense element is intended to
defend.
(B) The military requirement for Ground-based
Midcourse Defense capabilities against such missile
threat.
(C) The current capabilities of the Ground-based
Midcourse Defense element.
(D) The planned capabilities of the Ground-based
Midcourse Defense element, if different from the
capabilities under subparagraph (B).
(E) The force structure and inventory levels
necessary for the Ground-based Midcourse Defense
element to achieve the planned capabilities of that
element, including an analysis of the costs and the
potential advantages and disadvantages of deploying 44
operational Ground-based Interceptor missiles.
(F) The infrastructure necessary to achieve such
capabilities, including the number and location of
operational silos.
(G) The number of Ground-based Interceptor missiles
necessary for operational assets, test assets
(including developmental and operational test assets
and aging and surveillance test assets), and spare
missiles.
(3) Report.--At or about the same time the budget of the
President for fiscal year 2011 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the congressional defense committees
a report setting forth the results of the assessment required
by paragraph (1). The report shall be in unclassified form, but
may include a classified annex.
(c) Plan Required.--
(1) In general.--In addition to the assessment required by
subsection (b), the Secretary shall establish a plan for the
Ground-based Midcourse Defense element of the Ballistic Missile
Defense System. The plan shall cover the period of the future-
years defense program that is submitted to Congress under
section 221 of title 10, United States Code, at or about the
same time as the submittal to Congress of the budget of the
President for fiscal year 2011.
(2) Elements.--The plan required by paragraph (1) shall
include the following elements:
(A) The schedule for achieving the planned
capability of the Ground-based Midcourse Defense
element, including the completion of operational silos,
the delivery of operational Ground-Based Interceptors,
and the deployment of such interceptors in those silos.
(B) The plan for funding the development,
production, deployment, testing, improvement, and
sustainment of the Ground-based Midcourse Defense
element.
(C) The plan to maintain the operational
effectiveness of the Ground-based Midcourse Defense
element over the course of its service life, including
any modernization or capability enhancement efforts,
and any sustainment efforts.
(D) The plan for flight testing the Ground-based
Midcourse Defense element, including aging and
surveillance tests to demonstrate the continuing
effectiveness of the system over the course of its
service life.
(E) The plan for production of Ground-Based
Interceptor missiles necessary for operational assets,
developmental and operational test assets, aging and
surveillance test assets, and spare missiles.
(3) Report.--At or about the same time the budget of the
President for fiscal year 2011 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the congressional defense committees
a report setting forth the plan required by paragraph (1). The
report shall be in unclassified form, but may include a
classified annex.
(d) Construction.--Nothing in this section shall be construed as
altering or revising the continued production of all Ground-Based
Interceptor missiles on contract as of June 23, 2009.
(e) Comptroller General Review.--The Comptroller General of the
United States shall--
(1) review the assessment required by subsection (b) and
the plan required by subsection (c); and
(2) not later than 120 days after receiving the assessment
and the plan, provide to the congressional defense committees
the results of the review.
SEC. 244. REPORT ON POTENTIAL MISSILE DEFENSE COOPERATION WITH RUSSIA.
(a) Report Required.--
(1) In general.--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 setting
forth potential options for cooperation among or between the
United States, the North Atlantic Treaty Organization (NATO),
and the Russian Federation on ballistic missile defense.
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of proposals made by the United States,
the North Atlantic Treaty Organization, or the Russian
Federation since January 1, 2007, for potential missile defense
cooperation among or between such countries and that
organization, including data sharing, cooperative regional
missile defense architectures, joint exercises, and
transparency and confidence building measures.
(2) A description of options for the sharing by such
countries and that organization of ballistic missile
surveillance or early warning data, including data from the
Russian early warning radars at Gabala in Azerbaijan, and
Armavir in southern Russia or other radars, such as the United
States radar proposed for deployment in the Czech Republic.
(3) An assessment of the potential for implementation of
the agreement between the United States and the Russian
Federation on the establishment of a Joint Data Exchange
Center.
(4) An assessment of the potential for missile defense
cooperation between the Russian Federation and the North
Atlantic Treaty Organization, including through the NATO-Russia
Council.
(5) An assessment of the potential security benefits to the
United States, Russia, and the North Atlantic Treaty
Organization of the cooperation described in paragraph (4).
(6) Such other matters as the Secretary considers
appropriate.
SEC. 245. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR MISSILE AND
OPERATION OF MISSILE FIELD 1 AT FORT GREELY, ALASKA.
(a) Limitation on Break in Production.--The Secretary of Defense
shall ensure that the Missile Defense Agency does not allow a break in
production of the Ground-based Interceptor missile until the Department
of Defense has--
(1) completed the Ballistic Missile Defense Review; and
(2) made a determination with respect to the number of
Ground-based Interceptor missiles that will be necessary to
support the service life of the Ground-based Midcourse Defense
element of the Ballistic Missile Defense System.
(b) Limitation on Certain Actions With Respect to Missile Field 1
and Missile Field 2 at Fort Greely, Alaska.--
(1) Limitation on decommissioning of missile field 1.--The
Secretary of Defense shall ensure that Missile Field 1 at Fort
Greely, Alaska, does not complete decommissioning until seven
silos have been emplaced at Missile Field 2 at Fort Greely.
(2) Limitation with respect to disposition of silos at
missile field 2.--The Secretary of Defense shall ensure that no
irreversible decision is made with respect to the disposition
of operational silos at Missile Field 2 at Fort Greely, Alaska,
until that date that is 60 days after the date on which the
reports required by subsections (b)(3) and (c)(3) of section
243 are submitted to the congressional defense committees.
SEC. 246. SENSE OF SENATE ON AND RESERVATION OF FUNDS FOR DEVELOPMENT
AND DEPLOYMENT OF MISSILE DEFENSE SYSTEMS IN EUROPE.
(a) Findings.--The Senate makes the following findings:
(1) In the North Atlantic Treaty Organization (NATO)
Bucharest Summit Declaration of April 3, 2008, the Heads of
State and Government participating in the meeting of the North
Atlantic Council declared that ``[b]allistic missile
proliferation poses an increasing threat to Allies' forces,
territory and populations. Missile defence forms part of a
broader response to counter this threat. We therefore recognize
the substantial contribution to the protection of Allies from
long-range ballistic missiles to be provided by the planned
deployment of European-based United States missile defence
assets''.
(2) The Bucharest Summit Declaration also stated that
``[b]earing in mind the principle of the indivisibility of
Allied security as well as NATO solidarity, we task the Council
in Permanent Session to develop options for a comprehensive
missile defence architecture to extend coverage to all Allied
territory and populations not otherwise covered by the United
States system for review at our 2009 Summit, to inform any
future political decision''.
(3) In the Bucharest Summit Declaration, the North Atlantic
Council also reaffirmed to Russia that ``current, as well as
any future, NATO Missile Defence efforts are intended to better
address the security challenges we all face, and reiterate
that, far from posing a threat to our relationship, they offer
opportunities to deepen levels of cooperation and stability''.
(4) In the Strasbourg/Kehl Summit Declaration of April 4,
2009, the heads of state and government participating in the
meeting of the North Atlantic Council reaffirmed ``the
conclusions of the Bucharest Summit about missile defense,''
and declared 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) Iran is rapidly developing its ballistic missile
capabilities, including its inventory of short-range and
medium-range ballistic missiles that can strike portions of
Eastern and Southern North Atlantic Treaty Organization
European territory, as well as the pursuit of long-range
ballistic missiles that could reach Europe or the United
States.
(6) On July 8, 2008, the Government of the United States
and the Government of the Czech Republic signed an agreement to
base a radar facility in the Czech Republic that is part of a
proposed missile defense system to protect Europe and the
United States against a potential future Iranian long-range
ballistic missile threat.
(7) On August 20, 2008, the United States and the Republic
of Poland signed an agreement concerning the deployment of
ground-based ballistic missile defense interceptors in the
territory of the Republic of Poland.
(8) Section 233 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4393; 10 U.S.C. 2431 note) establishes conditions for the
availability of funds for procurement, construction, and
deployment of the planned missile defense system in Europe,
including that the host nations must ratify any missile defense
agreements with the United States and that the Secretary of
Defense must certify that the system has demonstrated the
ability to accomplish the mission.
(9) On April 5, 2009, President Barack Obama, speaking in
Prague, Czech Republic, stated, ``As long as the threat from
Iran persists, we will go forward with a missile defense system
that is cost-effective and proven. If the Iranian threat is
eliminated, we will have a stronger basis for security, and the
driving force for missile defense construction in Europe will
be removed.''.
(10) On June 16, 2009, Deputy Secretary of Defense William
Lynn testified before the Committee on Armed Services of the
Senate that the United States Government is reviewing its
options for developing and deploying operationally effective,
cost-effective missile defense capabilities to Europe against
potential future Iranian missile threats, in addition to the
proposed deployment of a missile defense system in Poland and
the Czech Republic.
(11) On July 9, 2009, General James Cartwright, the Vice
Chairman of the Joint Chiefs of Staff, testified before the
Committee on Armed Services of the Senate that the Department
of Defense was considering some 40 different missile defense
architecture options for Europe that could provide a ``regional
defense capability to protect the nations'' of Europe, and a
``redundant capability that would assist in protecting the
United States,'' and that the Department was considering ``what
kind of an architecture best suits the defense of the region,
the defense of the homeland, and the regional stability''.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the United States Government should continue developing
and planning for the proposed deployment of elements of a
Ground-based Midcourse Defense (GMD) system, including a
midcourse radar in the Czech Republic and Ground-Based
Interceptors in Poland, consistent with section 233 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009;
(2) in conjunction with the continued development of the
planned Ground-based Midcourse Defense system, the United
States should work with its North Atlantic Treaty Organization
allies to explore a range of options and architectures to
provide missile defenses for Europe and the United States
against current and future Iranian ballistic missile
capabilities;
(3) any alternative system that the United States
Government considers deploying in Europe to provide for the
defense of Europe and a redundant defense of the United States
against future long-range Iranian missile threats should be at
least as capable and cost-effective as the proposed European
deployment of the Ground-based Midcourse Defense system; and
(4) any missile defense capabilities deployed in Europe
should, to the extent practical, be interoperable with United
States and North Atlantic Treaty Organization missile defense
systems.
(c) Reservation of Funds for Missile Defense Systems.--
(1) In general.--Of the funds authorized to be appropriated
or otherwise 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 the purposes described in paragraph (2).
(2) Use of funds.--The purposes described in this paragraph
are the following:
(A) Research, development, test, and evaluation
of--
(i) the proposed midcourse radar element of
the Ground-based Midcourse Defense system in
the Czech Republic; and
(ii) the proposed long-range missile
defense interceptor site element of such
defense system in Poland.
(B) Research, development, test, and evaluation,
procurement, construction, or deployment of other
missile defense systems designed to protect Europe, and
the United States in the case of long-range missile
threats, from the threats posed by current and future
Iranian ballistic missiles of all ranges, if the
Secretary of Defense submits to the congressional
defense committees a report certifying that such
systems are expected to be--
(i) consistent with the direction from the
North Atlantic Council to address ballistic
missile threats to Europe and the United States
in a prioritized manner that includes
consideration of the imminence of the threat
and the level of acceptable risk;
(ii) operationally effective and cost-
effective in providing protection for Europe,
and the United States in the case of long-range
missile threats, against current and future
Iranian ballistic missile threats; and
(iii) interoperable, to the extent
practical, with other components of missile
defense and complementary to the missile
defense strategy of the North Atlantic Treaty
Organization.
(d) Construction.--Nothing in this section shall be construed as
limiting or preventing the Department of Defense from pursuing the
development or deployment of operationally effective and cost-effective
ballistic missile defense systems in Europe.
SEC. 247. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE MISSILE
DEFENSE.
Section 232(c)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4392) is amended by striking ``October 31, 2010'' and inserting ``March
1, 2011''.
Subtitle D--Other Matters
SEC. 251. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT WARFIGHTING SCIENCE
AND TECHNOLOGY PLAN.
Section 270 of the National Defense Authorization Act for Fiscal
Year 1997 (10 U.S.C. 2501 note) is repealed.
SEC. 252. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE
NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
Section 246 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is amended
by striking subsection (e) and inserting the following new subsection
(e):
``(e) Reports.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the National Science and
Technology Council information on the program that covers the
information described in paragraphs (1) through (5) of section 2(d) of
the 21st Century Nanotechnology Research and Development Act (15 U.S.C.
7501(d)) to be included in the annual report submitted by the Council
under that section.''.
SEC. 253. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE SYSTEMS.
(a) In General.--Not later than March 31, 2010, the Assistant
Secretary of the Army for Acquisition, Logistics, and Technology shall
conduct a comparative evaluation of extended range modular sniper rifle
systems, including .300 Winchester Magnum, .338 Lapua Magnum, and other
calibers. The evaluation shall identify and demonstrate an integrated
suite of technologies capable of--
(1) extending the effective range of snipers;
(2) meeting service or unit requirements or operational
need statements; or
(3) closing documented capability gaps.
(b) Funding.--The Assistant Secretary of the Army for Acquisition,
Logistics, and Technology shall conduct the evaluation required by
subsection (a) using amounts appropriated for fiscal year 2009 for
extended range modular sniper rifle system research (PE # 0604802A)
that are unobligated.
(c) Report.--Not later than April 30, 2010, the Assistant Secretary
of the Army for Acquisition, Logistics, and Technology shall submit to
the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report containing the
results of the evaluation required by subsection (a), including--
(1) detailed ballistics and system performance data; and
(2) an assessment of the operational capabilities of
extended range modular sniper rifle systems to meet service or
unit requirements or operational need statements or close
documented capabilities gaps.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Authorization of Appropriations.--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, $30,932,882,000.
(2) For the Navy, $35,890,046,000.
(3) For the Marine Corps, $5,547,223,000.
(4) For the Air Force, $34,053,559,000.
(5) For Defense-wide activities, $27,645,997,000.
(6) For the Army Reserve, $2,623,796,000.
(7) For the Navy Reserve, $1,278,501,000.
(8) For the Marine Corps Reserve, $228,925,000.
(9) For the Air Force Reserve, $3,079,228,000.
(10) For the Army National Guard, $6,260,634,000.
(11) For the Air National Guard, $5,888,461,000.
(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,
$424,093,000.
(21) For Overseas Contingency Operations Transfer Fund,
$5,000,000.
(b) Funding Table.--The amounts authorized by subsection (a) shall
be available, in accordance with the requirements of section 4001, for
projects, programs, and activities, and in the amounts, specified in
the funding table in section 4301.
Subtitle B--Environmental Provisions
SEC. 311. 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(a)(18)
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.
Subtitle C--Workplace and Depot Issues
SEC. 321. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO
ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
(a) Clarification of Authority to Enter Into Cooperative
Agreements.--The second sentence of section 4544(a) of title 10, United
States Code, as added by section 328(a)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
66), is amended by inserting after ``not more than eight contracts or
cooperative agreements'' the following: ``in addition to the contracts
and cooperative agreements in place as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181)''.
(b) Additional Elements Required for Analysis of Use of
Authority.--Section 328(b)(2) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 67) is amended--
(1) by striking ``a report assessing the advisability'' and
inserting the following: ``a report--
``(A) assessing the advisability''; and
(2) by striking ``pursuant to such authority.'' and
inserting the following: ``pursuant to such authority;
``(B) assessing the benefit to the Federal
Government of using such authority;
``(C) assessing the impact of the use of such
authority on the availability of facilities needed by
the Army and on the private sector; and
``(D) describing the steps taken to comply with the
requirements under section 4544(g) of title 10, United
States Code.''.
SEC. 322. IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES.
(a) Inventory Management Practices Improvement Plan Required.--Not
later than 270 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a comprehensive plan for improving the inventory management
systems of the military departments and the Defense Logistics Agency
with the objective of reducing the acquisition and storage of secondary
inventory that is excess to requirements.
(b) Elements.--The plan under subsection (a) shall include the
following:
(1) A plan for a comprehensive review of demand-forecasting
procedures to identify and correct any systematic weaknesses in
such procedures, including the development of metrics to
identify bias toward over-forecasting and adjust forecasting
methods accordingly.
(2) A plan to accelerate the efforts of the Department of
Defense to achieve total asset visibility, including efforts to
link wholesale and retail inventory levels through multi-
echelon modeling.
(3) A plan to reduce the average level of on-order
secondary inventory that is excess to requirements, including a
requirement for the systemic review of such inventory for
possible contract termination.
(4) A plan for the review and validation of methods used by
the military departments and the Defense Logistics Agency to
establish economic retention requirements.
(5) A plan for an independent review of methods used by the
military departments and the Defense Logistics Agency to
establish contingency retention requirements.
(6) A plan to identify items stored in secondary inventory
that require substantial amounts of storage space and shift
such items, where practicable, to direct vendor delivery.
(7) A plan for a comprehensive assessment of inventory
items on hand that have no recurring demands, including the
development of--
(A) metrics to track years of no demand for items
in stock; and
(B) procedures for ensuring the systemic review of
such items for potential reutilization or disposal.
(8) A plan to more aggressively pursue disposal reviews and
actions on stocks identified for potential reutilization or
disposal.
(c) GAO Reports.--
(1) Assessment of plan.--Not later than 60 days after the
date on which the plan required by subsection (a) is submitted
as specified in that subsection, the Comptroller General of the
United States shall submit to the congressional defense
committees a report setting forth an assessment of the extent
to which the plan meets the requirements of this section.
(2) Assessment of implementation.--Not later than 18 months
after the date on which the plan required by subsection (a) is
submitted, the Comptroller General shall submit to the
congressional defense committees a report setting forth an
assessment of the extent to which the plan has been effectively
implemented by each military department and by the Defense
Logistics Agency.
(d) Inventory That Is Excess to Requirements Defined.--In this
section, the term ``inventory that is excess to requirements'' means
inventory that--
(1) is excess to the approved acquisition objective
concerned; and
(2) is not needed for the purposes of economic retention or
contingency retention.
SEC. 323. TEMPORARY SUSPENSION OF AUTHORITY FOR PUBLIC-PRIVATE
COMPETITIONS.
(a) Temporary Suspension.--During the period beginning on the date
of the enactment of this Act and ending on the date on which the
Secretary of Defense submits to the congressional defense committees
the certification described in subsection (b), no study or public-
private competition regarding the conversion to contractor performance
of any function of the Department of Defense performed by civilian
employees may be begun or announced pursuant to section 2461 of title
10, United States Code, Office of Management and Budget Circular A-76,
or any other authority.
(b) Certification.--The certification described in this subsection
is a certification that--
(1) the Secretary of Defense has completed and submitted to
Congress a complete inventory of contracts for services for or
on behalf of the Department of Defense in compliance with the
requirements of subsection (c) of section 2330a of title 10,
United States Code; and
(2) the Secretary of each military department and the head
of each Defense Agency responsible for activities in the
inventory is in compliance with the review and planning
requirements of subsection (e) of such section.
SEC. 323A. 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. 323B. 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 the period of specified in
paragraph (B), commencing on the date on which funds are
obligated for contractor support of 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 period referred to in paragraph (A) is 30 months
with respect to a single formation activity and 36 months with
respect to a multi-formation activity.
``(C) 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.
``(D) 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. 323C. TERMINATION OF CERTAIN PUBLIC-PRIVATE COMPETITIONS FOR
CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO
PERFORMANCE BY A CONTRACTOR.
Any Department of Defense public-private competition that exceeds
the time limits established in section 2461(a) shall be reviewed by the
Secretary of Defense and considered for termination. If the Secretary
of Defense does not terminate the competition, he shall report to
Congress on the reasons for his decision.
SEC. 324. 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), as amended by section
341 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 69), is amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (g)(1), by striking ``2010'' and
inserting ``2011''.
SEC. 325. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS OF ANNUAL
REPORT ON FUNDING FOR PUBLIC AND PRIVATE PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.
Section 2466(d)(1) of title 10, United States Code, is amended by
striking ``April 1 of each year'' and inserting ``90 days after the
date on which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31''.
Subtitle D--Energy Provisions
SEC. 331. ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Plan for Energy Security Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop a plan for identifying and addressing areas in which
the electricity needed to carry out critical military missions
on Department of Defense installations is vulnerable to
disruption.
(2) Elements.--The plan developed under paragraph (1) shall
include, at a minimum, the following:
(A) An identification of the areas of vulnerability
as described in paragraph (1), and an identification of
priorities in addressing such areas of vulnerability.
(B) A schedule for the actions to be taken by the
Department to address such areas of vulnerability.
(C) A strategy for working with other public or
private sector entities to address such areas of
vulnerability that are beyond the control of the
Department.
(b) Work With Non-Department of Defense Entities.--
(1) In general.--The Secretary of Defense shall work with
other Federal entities, and with State and local government
entities, to develop any regulations or other mechanisms needed
to require or encourage actions to address areas of
vulnerability identified pursuant to the plan developed under
subsection (a) that are beyond the control of the Department of
Defense.
(2) Contract authority.--Where necessary to achieve the
purposes of this section, the Secretary may enter into a
contract, grant, or other agreement with one or more
appropriate public or private sector entities under which such
entity or entities agree to carry out actions required to
address areas of vulnerability identified pursuant to the plan
developed under subsection (a) that are beyond the control of
the Department. Any such contract, grant, or agreement may
provide for the full or partial reimbursement of the entity
concerned by the Department for actions taken by the entity
under such contract, grant, or agreement.
SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS REGARDING
DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAMS.
(a) New Reporting Requirements.--Section 317(e) of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1054) is amended to read as follows:
``(e) Reporting Requirements.--
``(1) In general.--Not later one year after the date of the
enactment of this Act, and each January 1 thereafter through
2020, the Secretary shall submit to the congressional defense a
report regarding progress made toward achieving the energy
efficiency goals of the Department of Defense, consistent with
the provisions of section 303 of Executive Order 13123 (64 Fed.
Reg. 30851; 42 U.S.C. 8521 note) and section 11(b) of Executive
Order 13423 (72 Fed. Reg. 3919; 42 U.S.C. 4321 note).
``(2) Reports submitted after january 1, 2009.--Each report
required under paragraph (1) that is submitted after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2010 shall include the following:
``(A) A table detailing funding, by account, for
all energy projects and investments.
``(B) A description of the funding and steps taken
to achieve the renewable energy goals in the Energy
Policy Act of 2005 (42 U.S.C. 15801 et seq.) and
Executive Order 13423 by fiscal year 2015, and section
2911(e) of title 10, United States Code, by fiscal year
2025.
``(C) A description of steps taken to ensure that
facility and installation management goals are
consistent with current legislative and other
requirements, including applicable requirements under
the Energy Independence and Security Act of 2007
(Public Law 110-140).
``(D) A description of steps taken to determine
best practices for measuring energy consumption in
Department of Defense facilities and installations in
order to use the data for better energy management.
``(E) A description of steps taken to comply with
requirements of the Energy Independence and Security
Act of 2007, including new design and construction
requirements for buildings.
``(F) A description of steps taken to comply with
section 533 of the National Energy Conservation Policy
Act (42 U.S.C. 8259b), regarding the supply by the
General Services Administration and the Defense
Logistics Agency of Energy Star and Federal Energy
Management Program (FEMP) designated products to its
Department of Defense customers.
``(G) A description of steps taken to encourage the
use of Energy Star and FEMP designated products at
military installations in government or contract
maintenance activities.
``(H) A description of steps taken to comply with
standards for projects built using appropriated funds
and established by the Energy Independence and Security
Act of 2007 for privatized construction projects,
whether residential, administrative, or industrial.
``(I) A description of any other issues and
strategies the Secretary determines relevant to a
comprehensive and renewable energy policy.''.
(b) Additional Material Required for First Expanded Report.--The
first report submitted by the Secretary of Defense under section 317(e)
of the National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1054), as amended by subsection (a), after the
date of the enactment of this Act shall include, in addition to the
matters required under such section, the following:
(1) A determination of whether the existing tools, such as
the Energy Conservation Investment Program (ECIP) and the
Energy Savings Performance Contracts (ESPC) program, are
sufficient to support renewable energy projects to achieve the
Department's installation energy goals, or if new funding
mechanisms would be beneficial.
(2) An appropriate goal or goals for the use of alternative
fuels for ground vehicles, aircraft, sea vessels, and
applicable weapons systems, taking into consideration a broad
range of factors, including cost, availability, technological
feasibility, energy independence and security, and
environmental impact.
(3) A determination of the cost and feasibility of a policy
that would require new power generation projects established on
installations to be able to switch to provide power for
military operations in the event of a commercial grid outage.
(4) An assessment of the extent to which State and regional
laws and regulations and market structures provide
opportunities or obstacles to establish renewable energy
projects on military installations.
(5) A determination of the cost and feasibility of
developing or acquiring equipment or systems that would result
in the complete use of renewable energy sources at contingency
locations.
(6) A determination of the cost and feasibility of
implementing the recommendations of the 2008 Defense Science
Board Report entitled, ``More Fight - Less Fuel''.
SEC. 333. ALTERNATIVE AVIATION FUEL INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) Dependence on foreign sources of oil is detrimental to
the national security of the United States due to possible
disruptions in supply.
(2) The Department of Defense is the largest single
consumer of fuel in the United States.
(3) The United States Air Force is the largest consumer of
fuel in the Department of Defense.
(4) The dramatically fluctuating price of fuel can have a
significant budgetary impact on the Department of Defense.
(5) The United States Air Force uses about 2,600,000,000
gallons of jet fuel a year, or 10 percent of the entire
domestic market in aviation fuel.
(6) The Air Force's Alternative Aviation Fuel Initiative
includes certification and testing of both biomass-derived
(``biofuel'') and synthetic fuel blends produced via the
Fischer-Tropsch (FT) process. By not later than December 31,
2016, the Air Force will be prepared to cost competitively
acquire 50 percent of the Air Force's domestic aviation fuel
requirement via an alternative fuel blend in which the
alternative component is derived from domestic sources produced
in a manner that is greener than fuels produced from
conventional petroleum.
(7) The Air Force Energy Program will provide options to
reduce the use of foreign oil, by focusing on expanding
alternative energy options that provide favorable environmental
attributes as compared to currently-available options.
(b) Continuation of Initiatives.--
(1) In general.--The Secretary of the Air Force shall
continue the alternative aviation fuel initiatives of the Air
Force with a goal of--
(A) certifying its aircraft, applicable vehicles
and support equipment, and associated storage and
distribution infrastructure for unrestricted
operational use of a synthetic fuel blend by early
2011;
(B) being prepared to acquire 50 percent of its
domestic aviation fuel requirement from alternative or
synthetic fuels (including blends of alternative or
synthetic fuels with conventional fuels) by not later
than December 31, 2016, provided that--
(i) the lifecycle greenhouse gas emissions
associated with the production and combustion
of such fuel shall be equal to or lower than
such emissions from conventional fuels that are
used in the same application, as determined in
accordance with guidance by the Department of
Energy and the Environmental Protection Agency;
and
(ii) prices for such fuels are cost
competitive with petroleum-based alternatives
that are used for the same functions;
(C) taking actions in collaboration with the
commercial aviation industry and equipment
manufacturers to spur the development of a domestic
alternative aviation fuel industry; and
(D) taking actions in collaboration with other
Federal agencies, the commercial sector, and academia
to solicit for and test the next generation of
environmentally-friendly alternative aviation fuels.
(2) Adjustment of goal.--The Secretary of the Air Force may
adjust the goal of acquiring 50 percent of Air Force domestic
fuel requirements from alternative or synthetic fuels by not
later than December 31, 2016, if the Secretary determines in
writing that it would not be practicable, or in the best
interests of the Air Force, to do so and informs the
congressional defense committees within 30 days of the basis
for such determination.
(3) Annual report.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter in each of
fiscal years 2011 through 2016, the Secretary of Defense, in
consultation with the Secretary of the Air Force, shall submit
to Congress a report on the progress of the alternative
aviation fuel initiative program, including--
(A) the status of aircraft fleet certification,
until complete;
(B) the quantities of alternative or synthetic
fuels (including blends of alternative or synthetic
fuels with conventional fuels) purchased for use by the
Air Force in the fiscal year ending in such year;
(C) progress made against published goals for such
fiscal year;
(D) the status of recovery plans to achieve any
goals set for previous years that were not achieved;
and
(E) the establishment or adjustment of goals and
objectives for the current fiscal year or for future
years.
(c) Annual Report for Army and Navy.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter in each
of fiscal years 2011 through 2016, the Secretary of the Army and the
Secretary of the Navy shall each submit to Congress a report on goals
and progress to research, test, and certify the use of alternative
fuels in their respective aircraft fleets.
(d) Defense Science Board Review.--
(1) Report required.--Not later than October 1, 2011, the
Defense Science Board shall report to the Secretary of Defense
on the feasibility and advisability of achieving the goals
established in subsection (b)(1). The report shall address--
(A) the technological and economic achievability of
the goals;
(B) the impact of actions required to meet such
goals on the military readiness of the Air Force,
energy costs, environmental performance, and dependence
on foreign oil; and
(C) any recommendations the Defense Science Board
may have for improving the Air Force program.
(2) Submission to congress.--Not later than 30 days after
receiving the report required by under paragraph (1), the
Secretary of Defense shall forward the report to Congress,
together with the comments and recommendations of the
Secretary.
SEC. 334. 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. 335. 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. Department of Defense 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, the Secretaries of the military
departments, the heads of the Defense Agencies, and the heads of other
instrumentalities of the Department of Defense are authorized to
participate in demand response programs for the management of energy
demand or the reduction of energy usage during peak periods conducted
by any of the following parties:
``(1) An electric utility
``(2) An independent system operator.
``(3) A State agency.
``(4) A 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 the head of the Defense Agency or other instrumentality,
as the case may be, 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 derived
from financial incentives awarded to a military installation as
described in subsection (b) and provided for in advance by an
appropriations Act--
``(1) not less than 100 percent shall be made available for
use at such military installation; and
``(2) not less than 30 percent shall be made available for
energy management initiatives at such installation.''.
(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. Department of Defense participation in programs for management
of energy demand or reduction of energy
usage during peak periods.''.
Subtitle E--Reports
SEC. 341. STUDY ON ARMY MODULARITY.
(a) Study.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into a contract with a Federally Funded Research and
Development Center (FFRDC) to conduct a study on the current
and planned modularity structures of the Army to determine the
following:
(A) The operational capability of the Army to
execute its core mission to contribute land power to
joint operations.
(B) The ability to manage flexibility and
versatility of Army forces across the range of military
operations.
(C) The tactical, operational, and strategic risk
associated with the heavy and light modular combat
brigades and functional brigades.
(D) The required and planned end strength for the
Army.
(2) Factors to consider.--The study required under
subsection (a) shall take into consideration the following
factors:
(A) The Army's historical experience with separate
brigade structures.
(B) The original Army analysis, including explicit
or implicit assumptions, upon which the brigade combat
team, functional brigade, and higher headquarters'
designs were based.
(C) Subsequent analysis that confirmed or modified
the original designs.
(D) Lessons learned from Operations Iraqi Freedom
and Enduring Freedom that confirmed or modified the
original designs.
(E) Improvements in brigade and headquarters
designs the Army has made or is implementing.
(3) Access to information.--The Secretary of Defense and
the Secretary of the Army shall ensure that the FFRDC
conducting the study has access to all necessary data, records,
analysis, personnel, and other resources necessary to complete
the study.
(b) Report.--Not later than December 31, 2010, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the results of the study conducted under subsection (a),
together with comments by the Chief of Staff of the Army and the
Secretary of Defense.
SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT TRAINING RANGES.
Section 366(a)(5) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 113 note) is
amended--
(1) by striking ``(5) At the same time'' and inserting
``(5)(A) At the same time''; and
(2) by adding at the end the following new subparagraph:
``(B) Beginning with the report submitted to Congress at the same
time as the President submits the budget for fiscal year 2011, the
report required under this subsection shall include the following:
``(i) An assessment of the extent to which vegetation and
overgrowth limits the use of military lands available for
training of the Armed Forces in the United States and overseas.
``(ii) Identification of the particular installations and
training areas at which vegetation and overgrowth negatively
impact the use of training space.
``(iii)(I) As part of the first such report submitted, a
plan to address training constraints caused by vegetation and
overgrowth.
``(II) As part of each subsequent report, any necessary
updates to such plan.''.
SEC. 343. REPORT ON STATUS OF AIR NATIONAL GUARD AND AIR FORCE RESERVE.
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 Air Force, the Chief of the National Guard Bureau, the Director of
the Air National Guard, the Chief of the Air Force Reserve, and such
other officials as the Secretary of Defense considers appropriate,
shall submit to Congress a report on--
(1) the status of the Air National Guard and the Air Force
Reserve; and
(2) the plans of the Department of Defense to ensure that
the Air National Guard and the Air Force Reserve remain ready
to meet the requirements of the Air Force and the combatant
commands and for homeland defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
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. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-DUTY END
STRENGTHS FOR FISCAL YEARS 2010, 2011, AND 2012.
(a) Authority To Increase Army Active-duty End Strength.--
(1) Authority.--For each of fiscal years 2010, 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 an
increase may be made in the active duty end strength for the
Army under paragraph (1) are the following:
(A) To increase dwell time for members of the Army
on active duty.
(B) To support operational missions.
(C) To achieve reorganizational objectives,
including increased unit manning, force stabilization
and shaping, and supporting wounded warriors.
(b) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the authority of the President
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 in
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.--
(1) In general.--If the Secretary of Defense increases
active-duty end strength for the Army for fiscal year 2010
under subsection (a), the Secretary may fund such an increase
through Department of Defense reserve funds or through an
emergency supplemental appropriation.
(2) Fiscal years 2011 and 2012.--(2) If the Secretary of
Defense plans to increase the active-duty end strength for the
Army for fiscal year 2011 or 2012, the budget for the
Department of Defense for such fiscal year as submitted to
Congress shall include the amounts necessary for funding the
active-duty end strength for the Army in excess of the fiscal-
year 2010 baseline.
(e) Definitions.--In this section:
(1) Fiscal-year 2010 baseline.--The term ``fiscal-year 2010
baseline'', with respect to the Army, means the active-duty end
strength authorized for the Army in section 401(1).
(2) Active-duty end strength.--The term ``active-duty end
strength'', with respect to the Army for a fiscal year, means
the strength for active duty personnel of Army as of the last
day of the fiscal year.
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) Adjustments.--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.
Whenever such units or such individual members 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, 1,600.
(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.
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. REPORT ON TRAINEE ACCOUNT FOR THE ARMY NATIONAL GUARD.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report setting forth an assessment
of the establishment within the Army National Guard of a trainees,
transients, holdees, and students account (commonly referred to as a
``TTHS'' account).
(b) Elements.--The report required by subsection (a) shall include
an assessment of the feasibility and advisability of permitting the
Army National Guard to have, without regard to its authorized end
strength levels for a fiscal year, a trainees, transients, holdees, and
students account for assigning all members of the Army National Guard
who have not completed initial entry training in order to ensure that
all personnel of fully manned and deployable units of the Army National
Guard have completed initial entry training.
SEC. 417. AUTHORITY FOR SERVICE SECRETARY VARIANCES FOR SELECTED
RESERVE END STRENGTHS.
Section 115(g) of title 10, United States Code, is amended to read
as follows:
``(g) Authority for Service Secretary Variances for Active-duty and
Selected Reserve End Strengths.--(1) Upon determination by the
Secretary of a military department that such action would enhance
manning and readiness in essential units or in critical specialties or
ratings, the Secretary may--
``(A) increase the end strength authorized pursuant to
subsection (a)(1)(A) for a fiscal year for the armed force
under the jurisdiction of that Secretary or, in the case of the
Secretary of the Navy, for any of the armed forces under the
jurisdiction of that Secretary, by a number equal to not more
than 2 percent of such authorized end strength; and
``(B) increase the end strength authorized pursuant to
subsection (a)(2) for a fiscal year for the Selected Reserve of
the reserve component of the armed force under the jurisdiction
of that Secretary or, in the case of the Secretary of the Navy,
for the Selected Reserve of the reserve component of any of the
armed forces under the jurisdiction of that Secretary, by a
number equal to not more than 2 percent of such authorized end
strength.
``(2) Any increase under paragraph (1) of the end strength for an
armed force or the Selected Reserve of a reserve component of an armed
force shall be counted as part of the increase for that armed force or
Selected Reserve for that fiscal year authorized under subsection
(f)(1) or subsection (f)(3), respectively.''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for fiscal year 2010 for the Department of Defense for
military personnel amounts as follows:
(1) For military personnel, $124,864,942,000.
(2) For contributions to the Medicare-Eligible Retiree
Health Fund, $10,751,339,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2010.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY.
(a) Clarification of Distribution Limits.--Section 525 of title 10,
United States Code, is amended by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) For purposes of the applicable limitation in section 526(a)
of this title on general and flag officers on active duty, no
appointment of an officer on the active duty list may be made as
follows:
``(1) in the Army, if that appointment would result in more
than--
``(A) 7 officers in the grade of general;
``(B) 45 officers in a grade above the grade of
major general; or
``(C) 90 officers in the grade of major general;
``(2) in the Air Force, if that appointment would result in
more than--
``(A) 9 officers in the grade of general;
``(B) 43 officers in a grade above the grade of
major general; or
``(C) 73 officers in the grade of major general;
``(3) in the Navy, if that appointment would result in more
than--
``(A) 6 officers in the grade of admiral;
``(B) 32 officers in a grade above the grade of
rear admiral; or
``(C) 50 officers in the grade of rear admiral;
``(4) in the Marine Corps, if that appointment would result
in more than--
``(A) 2 officers in the grade of general;
``(B) 15 officers in a grade above the grade of
major general; or
``(C) 22 officers in the grade of major general.
``(b)(1) The limitations of subsection (a) do not include the
following:
``(A) An officer released from a joint duty assignment, but
only during the 60-day period beginning on the date the officer
departs the joint duty assignment, except that the Secretary of
Defense may authorize the Secretary of a military department to
extend the 60-day period by an additional 120 days, but no more
than 3 officers from each armed forces may be on active duty
who are excluded under this subparagraph.
``(B) An officer while serving in the position of Staff
Judge Advocate to the Commandant of the Marine Corps under
section 5046 of this title.
``(C) The number of officers required to serve in joint
duty assignments as authorized by the Secretary of Defense
under section 526(b) for each military service.
``(D) An officer while serving as Chief of the National
Guard Bureau.
``(2) An officer of the Army while serving as Superintendent of the
United States Military Academy, if serving in the grade of lieutenant
general, is in addition to the number that would otherwise be permitted
for the Army for officers serving on active duty in grades above major
general under subsection (a). An officer of the Navy or Marine Corps
while serving as Superintendent of the United States Naval Academy, if
serving in the grade of vice admiral or lieutenant general, is in
addition to the number that would otherwise be permitted for the Navy
or Marine Corps, respectively, for officers serving on active duty in
grades above major general or rear admiral under subsection (a). An
officer while serving as Superintendent of the United States Air Force
Academy, if serving in the grade of lieutenant general, is in addition
to the number that would otherwise be permitted for the Air Force for
officers serving on active duty in grades above major general under
subsection (a).''.
(b) Clarification on Offsetting Reductions.--Subsection (c) of such
section is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) may make appointments in the Army, Air Force, and
Marine Corps in the grades of lieutenant general and general in
excess of the applicable numbers determined under this section
if each such appointment is made in conjunction with an
offsetting reduction under paragraph (2); and''; and
(B) in subparagraph (B), by striking ``subsection
(b)(2)'' and inserting ``this section'';
(2) in paragraph (3)(A), by striking ``the number equal to
10 percent of the total number of officers that may be serving
on active duty in those grades in the Army, Navy, Air Force,
and Marine Corps under subsection (b)'' and inserting ``15'';
and
(3) in paragraph (3)(B), by striking ``the number equal to
15 percent of the total number of officers that may be serving
on active duty in those grades in the Army, Navy, Air Force,
and Marine Corps'' and inserting ``5''.
(c) Other Distribution Clarifications.--Such section is further
amended--
(1) in subsection (e), by striking ``In determining the
total number of general officers or flag officers of an armed
force on active duty for purposes of this section, the
following officers shall not be counted:'' in the matter
preceding paragraph (1) and inserting ``The following officers
shall not be counted for purposes of this section:''; and
(2) by adding at the end the following new subsection:
``(g) The limitations of this section do not apply to a reserve
component general or flag officer who is on active duty and serving in
a position that is a joint duty assignment for the purposes of chapter
38 of this title for a period not to exceed three years.''.
(d) Change to Authorized Strengths.--Subsection (a) of section 526
of such title is amended--
(1) in paragraph (1), by striking ``307'' and inserting
``230'';
(2) in paragraph (2), by striking ``216'' and inserting
``160'';
(3) in paragraph (3), by striking ``279'' and inserting
``208''; and
(4) in paragraph (4), by striking ``81'' and inserting
``60''.
(e) Changes to Limited Exclusion for Joint Duty Requirements.--
Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) by striking ``Chairman of the Joint Chiefs of
Staff'' and inserting ``Secretary of Defense'';
(B) by striking ``65'' and inserting ``324''; and
(C) by striking the second sentence and inserting
the following new sentence: ``The Secretary of Defense
shall allocate those exclusions to the armed forces
based on the number of general or flag officers
required from each armed force for assignment to these
designated positions.'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) Unless the Secretary of Defense determines that a lower
number is in the best interest of the Department, the minimum number of
officers serving in positions designated under paragraph (1) for each
armed force shall be as follows:
``(A) For the Army, 85.
``(B) For the Navy, 61.
``(C) For the Air Force, 76.
``(D) For the Marine Corps, 21.
``(3) The number excluded under paragraph (1) and serving in
positions designated under that paragraph--
``(A) in the grade of general or admiral may not exceed 20;
``(B) in a grade above the grade of major general or rear
admiral may not exceed 68; and
``(C) in the grade of major general or rear admiral may not
exceed 144.''.
(f) Other Authorization Clarifications.--Such section is further
amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(3) The limitations of this section do not apply to a reserve
component general or flag officer who is on active duty and serving in
a position that is a joint duty assignment for the purposes of chapter
38 of this title for a period not to exceed three years.''; and
(2) by adding at the end the following new subsections:
``(g) Temporary Exclusion for Assignment to Certain Temporary
Billets.--(1) The limitations in subsection (a) and in section 525(a)
of this title do not apply to a general or flag officer assigned to a
temporary joint duty assignment designated by the Secretary of Defense.
``(2) A general or flag officer assigned to a temporary joint duty
assignment as described in paragraph (1) may not be excluded under this
subsection from the limitations in subsection (a) for a period of
longer than one year.
``(h) Exclusion of Officers Departing From Joint Duty
Assignments.--The limitations in subsection (a) do not apply to an
officer released from a joint duty assignment, but only during the 60-
day period beginning on the date the officer departs the joint duty
assignment; except that the Secretary of Defense may authorize the
Secretary of a military department to extend the 60-day by an
additional 120 days, but no more than 3 officers from each armed force
may be on active duty who are excluded under this subsection.''.
(g) Repeal of Limitations on General and Flag Officer Activities
Outside the Officer's Own Service.--
(1) Repeal.--Section 721 of such title is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 41 of such title is amended by striking
the item relating to section 721.
(h) Repeal of Superseded Authority.--Section 506 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.
SEC. 502. REVISIONS TO ANNUAL REPORT REQUIREMENT ON JOINT OFFICER
MANAGEMENT.
Section 667 of title 10, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``and their education
and experience'';
(2) by striking paragraph (3);
(3) by transferring subparagraph (B) of paragraph (4) to
the end of paragraph (1), redesignating that subparagraph as
subparagraph (C), aligning that subparagraph with the margin of
subparagraph (B) of paragraph (1), and capitalizing the first
word of that subparagraph;
(4) by striking the remainder of paragraph (4), as amended
by paragraph (3) of this section;
(5) by redesignating paragraph (5) as paragraph (3);
(6) by striking paragraph (6);
(7) by redesignating paragraphs (7) through (11) as
paragraphs (4) through (8), respectively;
(8) by redesignating paragraph (12) as paragraph (9) and in
that paragraph striking ``each time the'' and all that follows
and inserting ``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
(9) by redesignating paragraph (13) as paragraph (10).
SEC. 503. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF
STAFF.
(a) In General.--Section 156(c) of title 10, United States Code, is
amended by striking ``, while so serving, hold the'' and inserting ``be
appointed in the regular''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to individuals appointed as Legal Counsel to the Chairman
of the Joint Chiefs of Staff on or after that date.
SEC. 504. CHIEF AND DEPUTY CHIEF OF CHAPLAINS OF THE AIR FORCE.
(a) In General.--Chapter 805 of title 10, United States Code, is
amended by inserting after section 8038 the following new section:
``Sec. 8039. Chief and Deputy Chief of Chaplains: appointment; duties
``(a) Chief of Chaplains.--(1) There is a Chief of Chaplains in the
Air Force, who shall be appointed by the President, by and with the
advice and consent of the Senate, from active duty officers of the Air
Force Chaplain Corps serving in the grade of colonel or above who have
served on active duty as a chaplain for at least eight years.
``(2) An officer appointed as the Chief of Chaplains shall be
appointed for a term of three years. However, the President may
terminate or extend the appointment at any time.
``(3) The Chief of Chaplains shall be appointed in the regular
grade of major general.
``(4) The Chief of Chaplains shall perform such duties as may be
prescribed by the Secretary of the Air Force and by law.
``(b) Deputy Chief of Chaplains.--(1) There is a Deputy Chief of
Chaplains in the Air Force who shall be appointed by the President by
and with the advice and consent of the Senate from active duty officers
of the Air Force Chaplain Corps serving in the grade of colonel who
have served on active duty as a chaplain for at least eight years.
``(2) An officer appointed as the Deputy Chief of Chaplains shall
be appointed for a term of three years. However, the President may
terminate or extend the appointment at any time.
``(3) The Deputy Chief of Chaplains shall be appointed in the
regular grade of brigadier general.
``(4) The Deputy Chief of Chaplains shall perform such duties as
may be prescribed by the Secretary of the Air Force, the Chief of
Chaplains, and by law.
``(c) Selection of Recommended Officers Through Selection Board
Procedures.--Under regulations approved by the Secretary of Defense,
the Secretary of the Air Force in selecting an officer for
recommendation to the President under subsection (a) for appointment as
the Chief of Chaplains or under subsection (b) for appointment as the
Deputy Chief of Chaplains shall ensure that the officer selected is
recommended by a board of officers that, insofar as is practicable, is
subject to the procedures applicable to selection boards convened under
chapter 36 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 805 of such title is amended by inserting after the item
related to section 8038 the following new item:
``8039. Chief and Deputy Chief of Chaplains: appointment; duties.''.
Subtitle B--Reserve Component Management
SEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR NON-DUAL
STATUS TECHNICIANS.
(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 setting forth the following:
(1) A description of the types of duties performed for the
National Guard by non-dual status technicians.
(2) A description of the current requirements of the
National Guard for non-dual status technicians.
(3) A description of various means of addressing any
shortfalls in meeting such requirements, including both
temporary shortfalls and permanent shortfalls.
(b) Considerations.--The report required by subsection (a) shall
take into consideration the effects of the mobilization of large
numbers of National Guard military technicians (dual status) on the
readiness of National Guard units in critically important areas and on
the capacity of the National Guard to continue performing home-based
missions and responsibilities for the States.
Subtitle C--Education and Training
SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION
PROGRAMS.
(a) Medical Students of USUHS.--Section 2114(b) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking the second sentence and
inserting the following new sentences: ``Each medical student
shall be appointed as a regular officer in the grade of second
lieutenant or ensign. An officer so appointed may, upon meeting
such criteria for promotion as may be prescribed by the
Secretary concerned, be appointed in the regular grade of first
lieutenant or lieutenant (junior grade). Medical students
commissioned under this section shall serve on active duty in
their respective grades.''; and
(2) in paragraph (2), by striking ``grade of second
lieutenant or ensign'' and inserting ``grade in which the
member is serving under paragraph (1)''.
(b) Participants in Health Professions Scholarship and Financial
Assistance Program.--Section 2121(c) of such title is amended--
(1) in paragraph (1), by striking the second sentence and
inserting the following new sentences: ``Each person so
commissioned shall be appointed as a reserve officer in the
grade of second lieutenant or ensign. An officer so appointed
may, upon meeting such criteria for promotion as may be
prescribed by the Secretary concerned, be appointed in the
reserve grade of first lieutenant or lieutenant (junior grade).
Medical students commissioned under this section shall serve on
active duty in their respective grades for a period of 45 days
during each year of participation in the program.''; and
(2) in paragraph (2), by striking ``grade of second
lieutenant or ensign'' and inserting ``grade in which the
member is serving under paragraph (1)''.
(c) Officers Detailed as Students at Medical Schools.--Subsection
(e) of section 2004a of such title is amended--
(1) in the subsection heading, by striking ``Appointment
and Treatment of Prior Active Service'' and inserting ``Service
on Active Duty''; and
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) A commissioned officer detailed under subsection (a) shall
serve on active duty, subject to the limitations on grade specified in
section 2114(b)(1) of this title and with the entitlement to basic pay
as specified in section 2114(b)(2) of this title.''.
SEC. 522. EXPANSION OF CRITERIA FOR APPOINTMENT AS MEMBER OF THE BOARD
OF REGENTS OF THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
Section 2113a(b)(1) of title 10, United States Code, is amended by
striking ``health and health education'' and inserting ``health care,
higher education administration, and public policy''.
SEC. 523. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT SCHOOLS OF
PSYCHOLOGY.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by inserting after section 2004 the following new section:
``Sec. 2004a. Detail of commissioned officers as students at schools of
psychology
``(a) Detail Authorized.--The Secretary of each military department
may detail commissioned officers of the armed forces as students at
accredited schools of psychology located in the United States for a
period of training leading to the degree of Doctor of Philosophy in
clinical psychology. No more than 25 officers from each military
department may commence such training in any single fiscal year.
``(b) Eligibility for Detail.--To be eligible for detail under
subsection (a), an officer must be a citizen of the United States and
must--
``(1) have served on active duty for a period of not less
than two years nor more than six years and be in the pay grade
0-3 or below as of the time the training is to begin; and
``(2) sign an agreement that unless sooner separated the
officer will--
``(A) complete the educational course of
psychological training;
``(B) accept transfer or detail as a commissioned
officer within the military department concerned when
the officer's training is completed; and
``(C) agree to serve, following completion of the
officer's training, on active duty (or on active duty
and in the Selected Reserve) for a period as specified
pursuant to subsection (c).
``(c) Service Obligation.--(1) Except as provided in paragraph (2),
the agreement of an officer under subsection (b) shall provide that the
officer shall serve on active duty for two years for each year or part
thereof of the officer's training under subsection (a).
``(2) The agreement of an officer may authorize the officer to
serve a portion of the officer's service obligation on active duty and
to complete the service obligation that remains upon separation from
active duty in the Selected Reserve. Under any such agreement, an
officer shall serve three years in the Selected Reserve for each year
or part thereof of the officer's training under subsection (a) for any
service obligation that was not completed before separation from active
duty.
``(d) Selection of Officers for Detail.--Officers detailed for
training under subsection (a) shall be selected on a competitive basis
by the Secretary of the military department concerned.
``(e) Relation of Service Obligations to Other Service
Obligations.--Any service obligation incurred by an officer under an
agreement entered into under subsection (b) shall be in addition to any
service obligation incurred by the officer under any other provision of
law or agreement.
``(f) Expenses.--Expenses incident to the detail of officers under
this section shall be paid from any funds appropriated for the military
department concerned.
``(g) Failure to Complete Program.--(1) An officer who is dropped
from a program of psychological training to which detailed under
subsection (a) for deficiency in conduct or studies, or for other
reasons, may be required to perform active duty in an appropriate
military capacity in accordance with the active duty obligation imposed
on the officer under regulations issued by the Secretary of Defense for
purposes of this section.
``(2) In no case shall an officer be required to serve on active
duty under paragraph (1) for any period in excess of one year for each
year or part thereof the officer participated in the program.
``(h) Limitation on Details.--No agreement detailing an officer of
the armed forces to an accredited school of psychology may be entered
into during any period in which the President is authorized by law to
induct persons into the armed forces involuntarily. Nothing in this
subsection shall affect any agreement entered into during any period
when the President is not authorized by law to so induct persons into
the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by inserting after the item
relating to section 2004 the following new item:
``2004a. Detail of commissioned officers as students at schools of
psychology.''.
SEC. 524. AIR FORCE ACADEMY ATHLETIC ASSOCIATION.
(a) In General.--Chapter 903 of title 10, United States Code, is
amended by inserting after section 9361 the following new section:
``Sec. 9362. Air Force Academy athletic programs support
``(a) Establishment Authorized.--
``(1) In general.--The Secretary of the Air Force may, in
accordance with the laws of the State of incorporation,
establish a corporation to support the athletic programs of the
Academy (in this section referred to as the `corporation'). All
stock of the corporation shall be owned by the United States
and held in the name of and voted by the Secretary of the Air
Force.
``(2) Purpose.--The corporation shall operate exclusively
for charitable, educational, and civic purposes to support the
athletic programs of the Academy.
``(b) Corporate Organization.--The corporation shall be organized
and operated--
``(1) as a nonprofit corporation under section 501(c)(3) of
the Internal Revenue Code of 1986;
``(2) in accordance with this section; and
``(3) pursuant to the laws of the State of incorporation,
its articles of incorporation, and its bylaws.
``(c) Corporate Board of Directors.--
``(1) Compensation.--The members of the board of directors
shall serve without compensation, except for reasonable travel
and other related expenses for attendance at meetings.
``(2) Air force personnel.--The Secretary of the Air Force
may authorize military and civilian personnel of the Air Force
under section 1033 of this title to serve, in their official
capacities, as members of the board of directors, but such
personnel shall not hold more than one third of the
directorships.
``(d) Transfer From Nonappropriated Fund Operation.--The Secretary
of the Air Force may, subject to the acceptance of the corporation,
transfer to the corporation all title to and ownership of the assets
and liabilities of the Air Force nonappropriated fund instrumentality
whose functions include providing support for the athletic programs of
the Academy, including bank accounts and financial reserves in its
accounts, equipment, supplies, and other personal property, but
excluding any interest in real property.
``(e) Acceptance of Gifts.--The Secretary of the Air Force may
accept from the corporation funds, supplies, and services for the
support of cadets and Academy personnel during their participation in,
or in support of, Academy or corporate events related to the Academy
athletic programs.
``(f) Leasing.--The Secretary of the Air Force may, in accordance
with section 2667 of this title, lease real and personal property to
the corporation for purposes related to the Academy athletic programs.
Money rentals received from any such lease may be retained and spent by
the Secretary to support athletic programs 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
9361 the following new item:
``9362. Air Force Academy athletic programs support.''.
Subtitle D--Defense Dependents' Education Matters
SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(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(a)(5) for operation and
maintenance for Defense-wide activities, $30,000,000 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,
$10,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of such
section 572, as amended by section 533 of this Act.
(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. 532. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2010
pursuant to section 301(a)(5) for operation and maintenance for
Defense-wide activities, $5,000,000 shall be available for payments
under section 363 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-77; 20 U.S.C. 7703a).
SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR ASSISTANCE TO LOCAL
EDUCATIONAL AGENCIES WITH ENROLLMENT CHANGES DUE TO BASE
CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.
Section 572(b)(4) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C.
7703b(b)(4)) is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2012''.
SEC. 534. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE DEPENDENTS'
EDUCATION SYSTEM OF DEPENDENTS OF FOREIGN MILITARY
MEMBERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED POWERS,
EUROPE.
(a) Permanent 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 inserting after ``Secretary'' the
following: ``, with the advice and assistance of the commander of the
geographic combatant command with jurisdiction over Mons, Belgium,''.
SEC. 535. STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR DEPENDENT
CHILDREN OF MEMBERS OF THE ARMED FORCES WHO DO NOT ATTEND
DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS.
(a) Study on Options for Educational Opportunities.--
(1) Study required.--The Secretary of Defense shall, in
consultation with the Secretary of Education, conduct a study
on options for educational opportunities that are, or may be,
available for dependent children of members of the Armed Forces
who do not attend Department of Defense dependents' schools
when the public elementary and secondary schools attended by
such children are determined to be in need of improvement
pursuant to the No Child Left Behind Act of 2001 (Public Law
110-117).
(2) Options.--The options to be considered under the study
required by paragraph (1) shall include the following:
(A) Vouchers.
(B) Education provided by the Department of Defense
through the Internet.
(C) Charter schools.
(D) Such other options as the Secretary of Defense,
in consultation with the Secretary of Education,
considers appropriate for purposes of the study.
(3) Elements.--The study required by paragraph (1) shall
address the following matters:
(A) The challenges faced by parents in military
families in securing quality elementary and secondary
education for their children when the public elementary
and secondary schools attended by their children are
identified as being in need of improvement.
(B) The extent to which perceptions of differing
degrees of quality in public elementary and secondary
schools in different regions of the United States
affect plans of military families to relocate,
including relocation pursuant to a permanent change of
duty station.
(C) The various reasons why military families seek
educational opportunities for their children other than
those available through local public elementary and
secondary schools.
(D) The current level of student achievement in
public elementary and secondary schools in school
districts which have a high percentage of students who
are children of military families.
(E) The educational needs of children of military
families who are required by location to attend public
elementary and secondary schools identified as being in
need of improvement.
(F) The value and impact of a school voucher or
other alternative educational program for military
families.
(G) The extent to which the options referred to in
paragraph (2) would provide a meaningful option for
education for military children when the public
elementary and secondary schools attended by such
children are determined to be in need of improvement.
(H) The extent to which the options referred to in
paragraph (2) would improve the quality of education
available for students with special needs, including
students with learning disabilities and gifted
students.
(I) Such other matters as the Secretary of Defense,
in consultation with the Secretary of Education,
considers appropriate for purposes of the study.
(b) Report.--Not later than March 31, 2010, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the study required by subsection (b). The report shall
include the following:
(1) A description of the results of the study.
(2) Such recommendations for legislative or administrative
action as the Secretary of Defense considers appropriate in
light of the results of the study.
SEC. 536. SENSE OF SENATE ON THE INTERSTATE COMPACT ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN.
(a) Findings.--The Senate makes the following findings:
(1) The incongruity in how States assess and enroll
transfer students creates challenges for the moving military
family and can, in some cases, be detrimental to the higher
education opportunities of military children.
(2) The inability to transfer credits, maintain the proper
number of school-year hours, missing exams, and other obstacles
can make moving as a military family difficult.
(3) The average military child moves six to nine times
between kindergarten and high school graduation, creating a
variety of challenges and obstacles related to permanent change
of station moves.
(4) The demands and strains on members of the Armed Forces
and their families continue to increase and will do so for the
foreseeable future as the United States continues overseas
contingency operations, and children and adolescents are
acutely vulnerable to family stresses caused by the high
operational tempo and may therefore be at a heightened risk for
emotional distress.
(5) The routine of the school environment can be a source
of stability for military children as they cope with the
disruptive challenges caused by the deployment of a parent or a
relocation.
(b) Sense of Senate.--It is the sense of the Senate to--
(1) express strong support and commendation for Alabama,
Alaska, Arizona, Colorado, Connecticut, Delaware, Florida,
Hawaii, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan,
Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Texas,
Virginia, and Washington as States that have successfully
enacted the Interstate Compact on Educational Opportunity for
Military Children;
(2) express its strong support and encourage all remaining
States to enact the Interstate Compact on Educational
Opportunity for Military Children;
(3) recognize the importance of the components of the
Interstate Compact on Educational Opportunity for Military
Children, including--
(A) the transfer of educational records to expedite
the proper enrollment and placement of students;
(B) the ability of students to continue their
enrollment at a grade level in the receiving State
commensurate with their grade level from the sending
State;
(C) priority for attendance to children of members
of the Armed Forces assuming the school district
accepts transfer students;
(D) the ability of students to continue their
course placement, including but not limited to Honors,
International Baccalaureate, Advanced Placement,
vocational, technical, and career pathways courses;
(E) the recalculation of grades to consider the
weights offered by a receiving school for the same
performance in the same course when a student transfers
from one grading system to another system (for example,
number-based system to letter-based system);
(F) the waiver of specific courses required for
graduation if similar course work has been
satisfactorily completed in another local education
agency or the provision of an alternative means of
acquiring required coursework so that graduation may
occur on time; and
(G) the recognition of an appointed guardian as a
custodial parent while the child's parent or parents
are deployed; and
(4) express strong support for States to develop a State
Council to provide for the coordination among their agencies of
government, local education agencies, and military
installations concerning the participation of a State in the
Interstate Compact on Educational Opportunity for Military
Children.
SEC. 537. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL EDUCATIONAL
AGENCIES FOR DEPENDENT CHILDREN OF MEMBERS OF THE ARMED
FORCES.
(a) In General.--The Comptroller General of the United States shall
conduct an audit of the utilization by local educational agencies of
the assistance specified in subsection (b) provided to such agencies
for fiscal years 2001 through 2009 for the education of dependent
children of members of the Armed Forces. The audit shall include--
(1) an evaluation of the utilization of such assistance by
such agencies; and
(2) an assessment of the effectiveness of such assistance
in improving the quality of education provided to dependent
children of members of the Armed Forces.
(b) Assistance Specified.--The assistance specified in this
subsection is--
(1) assistance provided under--
(A) section 572 the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3271; 20 U.S.C. 7703b);
(B) section 559 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1917);
(C) section 536 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 117 Stat. 1474);
(D) section 341 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 116 Stat. 2514);
(E) section 351 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1063); or
(F) section 362 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-76); and
(2) payments made under section 363 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-77; 20
U.S.C. 7703a).
(c) Report.--Not later than March 1, 2010, the Comptroller General
shall submit to the congressional defense committees a report
containing the results of the audit required by subsection (a).
SEC. 538. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN DEPARTMENT
OF DEFENSE ELEMENTARY AND SECONDARY SCHOOLS TO CERTAIN
ADDITIONAL CATEGORIES OF DEPENDENTS.
Section 2164 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Tuition-free Enrollment of Dependents of Foreign Military
Personnel Residing on Domestic Military Installations and Dependents of
Certain Deceased Members of the Armed Forces.--(1) The Secretary may
authorize the enrollment in an education program provided by the
Secretary pursuant to subsection (a) of a dependent not otherwise
eligible for such enrollment who is the dependent of an individual
described in paragraph (2). Enrollment of such a dependent shall be on
a tuition-free basis.
``(2) An individual referred to in paragraph (1) is any of the
following:
``(A) A member of a foreign armed force residing on a
military installation in the United States (including
territories, commonwealths, and possessions of the United
States).
``(B) A deceased member of the armed forces who died in the
line of duty in a combat-related operation, as designated by
the Secretary.''.
Subtitle E--Military Justice and Legal Assistance Matters
SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIREMENTS OF THE
DEPARTMENT OF THE NAVY.
(a) Independent Panel for Review.--
(1) Establishment.--There is hereby established an
independent panel to review the judge advocate requirements of
the Department of the Navy.
(2) Composition.--The panel shall be composed of five
members, appointed by the Secretary of Defense from among
private United States citizens who have expertise in law,
military manpower policies, the missions of the Navy and Marine
Corps, and the current responsibilities of Navy and Marine
Corps judge advocates in ensuring competent legal
representation and advice to commanders.
(3) Chair.--The chair of the panel shall be appointed by
the Secretary from among the members of the panel appointed
under paragraph (2).
(4) 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.
(5) Meetings.--The panel shall meet at the call of the
chair.
(6) Deadline for appointments.--All original appointments
to the panel shall be made not later than April 1, 2010.
(7) First meeting.--The chair shall call the first meeting
of the panel not later than June 1, 2010.
(b) Duties.--
(1) In general.--The panel established under subsection (a)
shall carry out a study of the policies and management and
organizational practices of the Navy and Marine Corps with
respect to the responsibilities, assignment, and career
development of judge advocates for purposes of determining the
number of judge advocates required to fulfill the legal mission
of the Department of the Navy.
(2) Review.--In carrying out the study required by
paragraph (1), the panel shall--
(A) review the emergent operational law
requirements of the Navy and Marine Corps, including
requirements for judge advocates on joint task forces,
in support of rule of law objectives in Iraq and
Afghanistan, and in operational units;
(B) review new requirements to support the Office
of Military Commissions and to support the disability
evaluation system for members of the Armed Forces;
(C) review the judge advocate requirements of the
Department of the Navy for the military justice
mission, including assignment policies, training and
education, increasing complexity of court-martial
litigation, and the performance of the Navy and Marine
Corps in providing legally sufficient post-trial
processing of cases in general courts-martial and
special courts-martial;
(D) review the role of the Judge Advocate General
of the Navy, as the senior uniformed legal officer of
the Department of the Navy, to determine whether
additional authority for the Judge Advocate General
over manpower policies and assignments of judge
advocates in the Navy and Marine Corps is warranted;
(E) review directives issued by the Navy and the
Marine Corps pertaining to jointly-shared missions
requiring legal support;
(F) review career patterns for Marine Corps judge
advocates in order to identify and validate assignments
to nonlegal billets required for professional
development and promotion; and
(G) review, evaluate, and assess such other matters
and materials as the panel considers appropriate for
purposes of the study.
(3) Utilization of other studies.--In carrying out the
study required by paragraph (1), the panel may review, and
incorporate as appropriate, the findings of applicable ongoing
and completed studies in future manpower requirements,
including the two-part study by CNA Analysis and Solutions
entitled ``An Analysis of Navy JAG Corps Future Manpower
Requirements''.
(4) Report.--Not later than 120 days after its first
meeting under subsection (a)(7), the panel shall submit to the
Secretary of Defense and the Committees on Armed Services of
the Senate and the House of Representatives a report on the
study. The report shall include--
(A) the findings and conclusions of the panel as a
result of the study; and
(B) any recommendations for legislative or
administrative action that the panel considers
appropriate in light of the study.
(c) Personnel Matters.--
(1) Pay of members.--(A) Members of the panel established
under subsection (a) shall serve without pay by reason of their
work on the panel.
(B) Section 1342 of title 31, United States Code, shall not
apply to the acceptance of services of a member of the panel
under this section.
(2) Travel expenses.--The members of the panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance or services for the panel.
Subtitle F--Military Family Readiness Matters
SEC. 551. ADDITIONAL MEMBERS ON THE DEPARTMENT OF DEFENSE MILITARY
FAMILY READINESS COUNCIL.
Section 1781a(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) In addition to the representatives appointed under
subparagraph (B)--
``(i) one representative from the National Guard,
who shall be appointed by the Secretary of Defense; and
``(ii) one representative from a reserve component
of the armed forces (other than the National Guard),
who shall be so appointed.''; and
(3) in subparagraph (E), as redesignated by paragraph (1),
by striking ``subparagraph (B)'' and inserting ``subparagraphs
(B) and (C)''.
SEC. 552. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, AND TREATMENT OF
SUBSTANCE USE DISORDERS AND DISPOSITION OF SUBSTANCE
ABUSE OFFENDERS IN THE ARMED FORCES.
(a) Review and Assessment of Current Capabilities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretaries of the military departments,
conduct a comprehensive review of the following:
(A) The programs and activities of the Department
of Defense for the prevention, diagnosis, and treatment
of substance use disorders in members of the Armed
Forces.
(B) The policies of the Department of Defense
relating to the disposition of substance abuse
offenders in the Armed Forces, including disciplinary
action and administrative separation.
(2) Elements.--The review conducted under paragraph (1)
shall include, but not be limited to, an assessment of each of
the following:
(A) The current state and effectiveness of the
programs of the Department of Defense and the military
departments relating to the prevention, diagnosis, and
treatment of substance use disorders.
(B) The adequacy of the availability of and access
to care for substance abusers in military medical
treatment facilities and under the TRICARE program.
(C) The adequacy of oversight by the Department of
Defense of programs relating to the prevention,
diagnosis, and treatment of substance abuse in members
of the Armed Forces.
(D) The adequacy and appropriateness of current
credentials and other requirements for healthcare
professionals treating members of the Armed Forces with
substance use disorders.
(E) The advisable ratio of physician and
nonphysician care providers for substance use disorders
to members of the Armed Forces with such disorders.
(F) The adequacy and appropriateness of protocols
and directives for the diagnosis and treatment of
substance use disorders in members of the Armed Forces
and for the disposition, including disciplinary action
and administrative separation, of members of the Armed
Forces who abuse substances.
(G) The adequacy of the availability of and access
to care for substance use disorders for members of the
reserve components of the Armed Forces, including an
identification of any obstacles that are unique to the
prevention, diagnosis, and treatment of substance use
disorders and the appropriate disposition of substance
abuse offenders (including disciplinary action and
administrative separation) in members of the reserve
components of the Armed Forces.
(H) The adequacy of the prevention, diagnosis, and
treatment of substance use disorders in family members
of members of the Armed Forces.
(I) Any gaps in the current capabilities of the
Department of Defense for the prevention, diagnosis,
and treatment of substance use disorders in members of
the Armed Forces.
(3) Report.--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 the House of
Representatives a report setting forth the findings and
recommendations of the Secretary as a result of the review
conducted under paragraph (1). The report shall--
(A) set forth the findings and recommendations of
the Secretary regarding each element of the review
specified in paragraph (2);
(B) set forth relevant statistics on the frequency
of substance use disorders, disciplinary actions, and
administrative separations for substance abuse in
members of the regular components of the Armed Forces,
members of the reserve component of the Armed Forces,
and to the extent applicable, dependents of such
members (including spouses and children); and
(C) include such other findings and recommendations
on improvements to the current capabilities of the
Department of Defense for the prevention, diagnosis,
and treatment of substance use disorders in members of
the Armed Forces and the policies relating to the
disposition, including disciplinary action and
administrative separation, of members of the Armed
Forces for substance abuse, as the Secretary considers
appropriate.
(b) Plan for Improvement and Enhancement of Programs and
Policies.--
(1) Plan required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a comprehensive
plan for the improvement and enhancement of the following:
(A) The programs and activities of the Department
of Defense for the prevention, diagnosis, and treatment
of substance use disorders in members of the Armed
Forces and their dependent family members.
(B) The policies of the Department of Defense
relating to the disposition of substance abuse
offenders in the Armed Forces, including disciplinary
action and administrative separation.
(2) Basis.--The comprehensive plan required by paragraph
(1) shall take into account the following:
(A) The results of the review and assessment
conducted under subsection (a).
(B) Similar initiatives of the Secretary of
Veterans Affairs to expand and improve care for
substance use disorders among veterans, including the
programs and activities conducted under title I of the
Veterans' Mental Health and Other Care Improvements Act
of 2008 (Public Law 110-387; 112 Stat. 4112).
(3) Comprehensive statement of policy.--The comprehensive
plan required by paragraph (1) shall include a comprehensive
statement of the following:
(A) The policy of the Department of Defense
regarding the prevention, diagnosis, and treatment of
substance use disorders in members of the Armed Forces
and their dependent family members.
(B) The policies of the Department of Defense
relating to the disposition of substance abuse
offenders in the Armed Forces, including disciplinary
action and administrative separation.
(4) Availability of services and treatment.--The
comprehensive plan required by paragraph (1) shall include
mechanisms to ensure the availability to members of the Armed
Forces and their dependent family members of a core of
evidence-based practices across the spectrum of medical and
non-medial services and treatments for substance use disorders.
(5) Prevention and reduction of disorders.--The
comprehensive plan required by paragraph (1) shall include
mechanisms to facilitate the prevention and reduction of
substance use disorders in members of the Armed Forces through
science-based initiatives, including education programs, for
members of the Armed Forces and their families.
(6) Specific instructions.--The comprehensive plan required
by paragraph (1) shall include each of the following:
(A) Substances of abuse.--Instructions on the
prevention, diagnosis, and treatment of substance abuse
in members of the Armed Forces, including the abuse of
alcohol, illicit drugs, and nonmedical use and abuse of
prescription drugs.
(B) Healthcare professionals.--Instructions on--
(i) appropriate training of healthcare
professionals in the prevention, screening,
diagnosis, and treatment of substance use
disorders in members of the Armed Forces;
(ii) appropriate staffing levels for
healthcare professionals at military medical
treatment facilities for the prevention,
screening, diagnosis, and treatment of
substance use disorders in members of the Armed
Forces; and
(iii) such uniform training and
credentialing requirements for physician and
nonphysician healthcare professionals in the
prevention, screening, diagnosis, and treatment
of substance use disorders in members of the
Armed Forces as the Secretary considers
appropriate.
(C) Services for dependent family members.--
Instructions on the availability of services for
substance use disorders for dependent family members of
members of the Armed Forces, including instructions on
making such services available to such dependents to
the maximum extent practicable.
(D) Relationship between disciplinary action and
treatment.--Policy on the relationship between
disciplinary actions and administrative separation
processing and prevention and treatment of substance
use disorders in members of the Armed Forces.
(E) Confidentiality.--Recommendations regarding
policies pertaining to confidentiality for members of
the Armed Forces in seeking or receiving services or
treatment for substance use disorders.
(F) Participation of chain of command.--Policy on
appropriate consultation, reference to, and involvement
of the chain of command of members of the Armed Forces
in matters relating to the diagnosis and treatment of
substance abuse and disposition of military members who
abuse substances.
(G) Consideration of gender.--Instructions on
gender specific requirements, if appropriate, in the
prevention, diagnosis, treatment, and management of
substance use disorders in members of the Armed Forces,
including gender specific care and treatment
requirements.
(H) Coordination with other healthcare
initiatives.--Instructions on the integration of
efforts on the prevention, diagnosis, treatment, and
management of substance use disorders in members of the
Armed Forces with efforts to address co-occurring
health care disorders (such as post-traumatic stress
disorder (PTSD) and depression) and suicide prevention.
(7) Other elements.--In addition to the matters specified
in paragraph (3), the comprehensive plan required by paragraph
(1) shall include the following:
(A) Implementation plan.--An implementation plan
for the achievement of the goals of the comprehensive
plan, including goals relating to the following:
(i) Enhanced education of members of the
Armed Forces and their families regarding
substance use disorders.
(ii) Enhanced and improved identification
and diagnosis of substance use disorders in
members of the Armed Forces and their families.
(iii) Enhanced and improved access of
members of the Armed Forces to services and
treatment for and management of substance use
disorders.
(iv) Appropriate staffing of military
medical treatment facilities and other
facilities for the treatment of substance use
disorders in members of the Armed Forces.
(B) Best practices.--The incorporation of evidence-
based best practices utilized in current military and
civilian approaches to the prevention, diagnosis,
treatment, and management of substance use disorders.
(C) Available research.--The incorporation of
applicable results of available studies, research, and
academic reviews on the prevention, diagnosis,
treatment, and management of substance use disorders.
(8) Update in light of independent study.--Upon the
completion of the study required by subsection (c), the
Secretary of Defense shall--
(A) in consultation with the Secretaries of the
military departments, make such modifications and
improvements to the comprehensive plan required by
paragraph (1) as the Secretary of Defense considers
appropriate in light of the findings and
recommendations of the study; and
(B) submit to the congressional defense committees
a report setting forth the comprehensive plan as
modified and improved under subparagraph (A).
(c) Independent Report on Substance Use Disorders Programs for
Members of the Armed Forces.--
(1) Study required.--Upon completion of the policy review
required by subsection (a), the Secretary of Defense shall
provide for a study on substance use disorders programs for
members of the Armed Forces to be conducted by the Institute of
Medicine of the National Academies of Sciences or such other
independent entity as the Secretary shall select for purposes
of the study.
(2) Elements.--The study required by paragraph (1) shall
include a review and assessment of the following:
(A) The adequacy and appropriateness of protocols
for the diagnosis, treatment, and management of
substance use disorders in members of the Armed Forces.
(B) The adequacy of the availability of and access
to care for substance use disorders in military medical
treatment facilities and under the TRICARE program.
(C) The adequacy and appropriateness of current
credentials and other requirements for physician and
non-physician healthcare professionals treating members
of the Armed Forces with substance use disorders.
(D) The advisable ratio of physician and non-
physician care providers for substance use disorders to
members of the Armed Forces with such disorders.
(E) The adequacy of the availability of and access
to care for substance use disorders for members of the
reserve components of the Armed Forces when compared
with the availability of and access to care for
substance use disorders for members of the regular
components of the Armed Forces.
(F) The adequacy of the prevention, diagnosis,
treatment, and management of substance use disorder
programs for dependent family members of members of the
Armed Forces, whether such family members suffer from
their own substance use disorder or because of the
substance use disorder of a member of the Armed Forces.
(G) Such other matters as the Secretary considers
appropriate for purposes of the study.
(3) Report.--Not later than two years after the date of the
enactment of this Act, the entity conducting the study required
by paragraph (1) shall submit to the Secretary of Defense and
the congressional defense committees a report on the results of
the study. The report shall set forth the findings and
recommendations of the entity as a result of the study.
SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN WITH AUTISM AND THEIR
FAMILIES.
(a) Policy on Military Community Support Required.--The Secretary
of Defense shall develop and implement a policy for the Department of
Defense on the support of military children with autism and their
families. The policy shall seek to establish and further an integrated,
family-centered approach to providing services to military children
with autism and their families by leveraging the resources of local
military communities and local and national public and private entities
devoted to research and services for autism.
(b) Program on Support.--
(1) Program required.--In carrying out the policy required
by subsection (a), the Secretary shall develop and carry out a
program on support for military children with autism and their
families.
(2) Elements.--The program required by this subsection
shall provide for broad-based services, including the
following:
(A) Research.
(B) Early intervention.
(C) Evidence-based therapeutic and medical
services.
(D) Education and training on autism for family
members.
(E) Appropriate coordination with applicable school
programs.
(F) Vocational training for adolescent military
children with autism.
(G) Family counseling for families of military
children with autism.
(3) Pilot projects.--In carrying out the program required
by this subsection, the Secretary shall conduct one or more
pilot projects to assess the effectiveness of various
approaches to developing and enhancing integrated community
support for military children with autism, including adolescent
military children with autism, and their families utilizing the
program elements specified in paragraph (2).
(4) Consultation.--For purposes of carrying out the
requirements of this subsection, the Secretary shall establish
a partnership with one or more entities (whether public or
private) that provide services or support for, or conduct
research on, individuals with autism spectrum disorder and
their families.
(c) Reports.--
(1) Initial report.--Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
actions the Secretary proposes to take to carry out this
section and a proposed schedule for the taking of such actions.
(2) Pilot projects.--Not later than 60 days after the date
of the completion of the pilot project or projects conducted
under subsection (b)(3), the Secretary shall submit to the
congressional defense committees a report on the pilot project
or projects. The report shall include a description of the
pilot project or projects, an assessment of the lessons learned
from the pilot project or projects, and a discussion of the
manner in which the lessons so learned shall be integrated into
the policy required by subsection (a) and the program required
by subsection (b).
(d) Funding.--Of the amount authorized to be appropriated for
fiscal year 2010 pursuant to section 301(a)(5) for operation and
maintenance, Defense-wide activities, $5,000,000 may be available to
carry out this section.
(e) Military Children With Autism Defined.--In this section, the
term ``military children with autism'' means dependent children of
members of the Armed Forces with autism spectrum disorder.
SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON MILITARY CHILDREN AND
THE AVAILABILITY OF MENTAL HEALTH CARE AND COUNSELING
SERVICES FOR MILITARY CHILDREN.
(a) Impact of Deployments of Military Parents on Military
Children.--
(1) In general.--The Secretary of Defense shall undertake a
comprehensive assessment of the impacts of military deployment
on dependent children of members of the Armed Forces. The
assessment shall separately address each of the categories of
such children as follows:
(A) Preschool-age children.
(B) Elementary-school age children.
(C) Teenage or adolescent children.
(2) Elements.--The assessment undertaken under paragraph
(1) shall include an assessment of the following:
(A) The impact that separation due to the
deployment of a military parent or parents has on
children.
(B) The impact that multiple deployments of a
military parent or parents have on children.
(C) The impact that the return from deployment of a
severely wounded or injured military parent or parents
has on children.
(D) The impact that the death of a military parent
or parents in connection with a deployment has on
children.
(E) The impact that deployment of a military parent
or parents has on children with preexisting
psychological conditions, such as anxiety and
depression.
(F) The impact that deployment of a military parent
or parents has on risk factors such as child abuse,
child neglect, family violence, substance abuse by
children, or parental substance abuse.
(G) Such other matters as the Secretary considers
appropriate.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the assessment undertaken under
paragraph (1), including the findings and recommendations of
the Secretary as a result of the assessment.
(b) Mental Health Care and Counseling Services Available to
Military Children.--
(1) In general.--The Secretary of Defense shall conduct a
comprehensive review of the mental health care and counseling
services available to dependent children of members of the
Armed Forces through the Department of Defense.
(2) Elements.--The review under paragraph (1) shall include
an assessment of the following:
(A) The availability, quality, and effectiveness of
Department of Defense programs intended to meet the
mental health care needs of military children.
(B) The availability, quality, and effectiveness of
Department of Defense programs intended to promote
resiliency in military children in coping with
deployment cycles, injury, or death in military
parents.
(C) The extent of access to, adequacy, and
availability of mental health care and counseling
services for military children in military medical
treatment facilities, in family assistance centers,
through Military OneSource, under the TRICARE program,
and in Department of Defense dependents' schools.
(D) Whether the status of a member of the Armed
Forces on active duty, or in reserve active status,
affects the access of a military child to mental health
care and counseling services.
(E) Whether, and to what extent, waiting lists,
geographic distance, and other factors may obstruct the
receipt by military children of mental health care and
counseling services.
(F) The extent of access to, availability, and
viability of specialized mental health care for
military children (including adolescents).
(G) The extent of any gaps in the current
capabilities of the Department of Defense to provide
preventive mental health services for military
children.
(H) Such other matters as the Secretary considers
appropriate.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review conducted under
paragraph (1), including the findings and recommendations of
the Secretary as a result of the review.
(4) Comprehensive plan for improvements in access to care
and counseling.--The Secretary shall develop a comprehensive
plan for improvements in access to quality mental health care
and counseling services for military children in order to
develop and promote psychological health and resilience in
children of deploying and deployed members of the Armed Forces.
The information in the report required by paragraph (3) shall
provide the basis for the development of the plan.
SEC. 555. REPORT ON CHILD CUSTODY LITIGATION INVOLVING SERVICE OF
MEMBERS OF THE ARMED FORCES.
(a) Report Required.--Not later than June 1, 2010, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on all known reported cases
since September 2003 involving child custody disputes in which the
service of a member of the Armed Forces, whether a member of a regular
component of the Armed Forces or a member of a reserve component of the
Armed Forces, was an issue in the custody dispute.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A statement of the total number of cases, by Armed
Force, in which members of the Armed Forces have lost custody
of a child as a result of deployment, or the prospect of
deployment, under military orders.
(2) A summary of applicable Federal law pertaining to child
custody disputes involving members of the Armed Forces.
(3) An analysis of the litigation history of all available
reported cases involving child custody disputes in which the
deployment of a member of the Armed Forces was an issue in the
dispute, and a discussion of the rationale presented by
deciding judges and courts of the reasons for their rulings.
(4) An assessment of the nature and extent of the problem,
if any, for members of the Armed Forces who are custodial
parents in being able to deploy and perform their operational
mission while continuing to fulfill their role as parents with
sole or joint custody of minor children.
(5) A discussion of measures being taken by the States, or
which are under consideration by State legislatures, to address
matters relating to child custody disputes in which one of the
parties is a member of the Armed Forces, and an assessment
whether State legislatures and State courts are cognizant of
issues involving members of the Armed Forces with minor
children.
(6) A discussion of Family Care Plan policies aimed at
ensuring that appropriate measures are taken by members of the
Armed Forces to avoid litigation in child custody disputes.
(7) Such recommendations as the Secretary considers
appropriate regarding how best to assist members of the Armed
Forces who are single, custodial parents with respect to child
custody disputes in connection with the performance of military
duties, including the need for legislative or administrative
action to provide such assistance.
(8) Such other recommendations for legislative or
administrative action as the Secretary considers appropriate.
SEC. 556. SENSE OF SENATE ON PREPARATION AND COORDINATION OF FAMILY
CARE PLANS.
(a) Findings.--The Senate makes the following findings:
(1) Family Care Plans provide a military tool to document
the plan by which members of the Armed Forces provide for the
care of their family members when military duties prevent
members of the Armed Forces from doing so themselves. Properly
prepared Family Care Plans are essential to military readiness.
Minimizing the strain on members of the Armed Forces of
unresolved, challenged, or voided child custody arrangements
arising during deployments or temporary duty directly
contributes to the national defense by enabling members of the
Armed Forces to devote their entire energy to their military
mission and duties.
(2) When Family Care Plans are properly prepared and
coordinated with all affected parties, the legal difficulties
that may otherwise arise in the absence of the military
custodial parent often can be minimized, if not eliminated.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the responsibility for establishing workable and
legally supportable Family Care Plans lies with the members of
the Armed Forces;
(2) notwithstanding that responsibility, commanders
should--
(A) ensure that the members of their command fully
understand the purpose of the Family Care Plan and its
limitations, including the overriding authority of
State courts to determine child custody arrangements
notwithstanding a Family Care Plan;
(B) understand and emphasize to their members that
failure to involve, or at least inform, the non-
custodial parent of custody arrangements in
anticipation of an absence can undermine the Family
Care Plan or even render it useless, in such cases; and
(C) apprise their members of the risks described in
subparagraph (B), and strongly encourage them to seek
legal assistance, as far in advance of actual absences
as practicable;
(3) the Secretary of Defense, and the Secretary of Homeland
Security with respect to matters concerning the Coast Guard
when it is not operating as a service in the Navy, should
ensure that members of the Armed Forces update their Family
Care Plans and emphasize--
(A) the importance of prior planning;
(B) that Family Care Plans are necessary not only
for the single parent and for the dual military couple
but also for a married member of the Armed Forces who
has custody of a child pursuant to a court order or
separation agreement or who has custody of a child
whose other parent is not the current spouse of the
member;
(C) that in spite of how important Family Care
Plans are to readiness, they are not legal documents
that can change a court-mandated custodial arrangement
or interfere with the other parent's right to custody
of his or her child;
(D) that, to the greatest extent possible, a member
of the Armed Forces should inform the other parent of
the member's impending absence due to military orders
if such absence prohibits the member from fulfilling
the member's custody responsibilities and inform that
other parent of the Family Care Plan;
(E) that a member of the Armed Forces should
attempt to obtain the consent of the non-custodial or
adoptive parent to any Family Care Plan that would
leave the child in the care of a third party; and
(F) that if a member of the Armed Forces cannot or
will not contact the non-custodial parent or cannot
obtain that parent's consent to the Family Care Plan,
the commander of the member should--
(i) counsel the member about the
implications; and
(ii) encourage in the strongest possible
terms that the member seek immediate help from
a legal assistance attorney or other qualified
legal counsel; and
(4) attorneys providing legal assistance as described in
paragraph (3)(F)(ii) should provide members of the Armed Forces
a full explanation of the dangers of not involving the non-
custodial parent and discuss appropriate courses of action.
SEC. 557. 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; 10 U.S.C. 10101 note) 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 and their families, and in coordination with community
programs, assist the 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.
``(4) Termination.--The program established under this
subsection shall terminate on October 1, 2012.''.
SEC. 558. REPORT ON YELLOW RIBBON REINTEGRATION PROGRAM.
(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 various reintegration
programs being administered in support of National Guard and Reserve
members and their families.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An evaluation of the initial implementation of the
Yellow Ribbon Reintegration Program in fiscal year 2009,
including an assessment of the best practices from pilot
programs offered by various States to provide supplemental
services to Yellow Ribbon and the feasibility of incorporating
those practices into Yellow Ribbon.
(2) An assessment of the extent to which Yellow Ribbon
funding, although requested in multiple component accounts,
supports robust joint programs that provide reintegration and
support services to National Guard and Reserve members and
their families regardless of military affiliation.
(3) An assessment of the extent to which Yellow Ribbon
programs are coordinating closely with the Department of
Veterans Affairs and its various veterans' programs.
(4) Plans for further implementation of the Yellow Ribbon
Reintegration Program in fiscal year 2010.
SEC. 559. IMPROVED ACCESS TO MENTAL HEALTH CARE FOR FAMILY MEMBERS OF
MEMBERS OF THE NATIONAL GUARD AND RESERVE WHO ARE
DEPLOYED OVERSEAS.
(a) Initiative To Increase Access to Mental Health Care.--
(1) In general.--The Secretary of Defense shall develop and
implement a plan to expand existing initiatives of the
Department of Defense to increase access to mental health care
for family members of members of the National Guard and Reserve
deployed overseas during the periods of mobilization,
deployment, and demobilization of such members of the National
Guard and Reserve.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Programs and activities to educate family
members of members of the National Guard and Reserve
who are deployed overseas on potential mental health
challenges connected with such deployment.
(B) Programs and activities to provide such family
members with complete information on all mental health
resources available to such family members through the
Department of Defense and otherwise.
(C) Efforts to expand counseling activities for
such family members in local communities.
(b) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and at such times thereafter as the
Secretary of Defense considers appropriate, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on this
section.
(2) Elements.--Each report shall include the following:
(A) A current assessment of the extent to which
family members of members of the National Guard and
Reserve who are deployed overseas have access to, and
are utilizing, mental health care available under this
section.
(B) A current assessment of the quality of mental
health care being provided to family members of members
of the National Guard and Reserve who are deployed
overseas, and an assessment of expanding coverage for
mental health care services under the TRICARE program
to mental health care services provided at facilities
currently outside the network of the TRICARE program.
(C) Such recommendations for legislative or
administration action as the Secretary considers
appropriate in order to further assure full access to
mental health care by family members of members of the
National Guard and Reserve who are deployed overseas
during the mobilization, deployment, and demobilization
of such members of the National Guard and Reserve.
SEC. 560. FULL ACCESS TO MENTAL HEALTH CARE FOR FAMILY MEMBERS OF
MEMBERS OF THE NATIONAL GUARD AND RESERVE WHO ARE
DEPLOYED OVERSEAS.
(a) Expanded Initiative To Increase Access to Mental Health Care.--
(1) In general.--The Secretary of Defense shall expand
existing Department of Defense initiatives to increase access
to mental health care for family members of members of the
National Guard and Reserve deployed overseas during the periods
of mobilization, deployment, and demobilization of such members
of the National Guard and Reserve.
(2) Elements.--The expanded initiatives, which shall build
upon and be consistent with ongoing efforts, shall include the
following:
(A) Programs and activities to educate the family
members of members of the National Guard and Reserve
who are deployed overseas on potential mental health
challenges connected with such deployment.
(B) Programs and activities to provide such family
members with complete information on all mental health
resources available to such family members through the
Department of Defense and otherwise.
(C) Guidelines for mental health counselors at
military installations in communities with large
numbers of mobilized members of the National Guard and
Reserve to expand the reach of their counseling
activities to include families of such members in such
communities.
(b) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and at such times as the Secretary
deems appropriate thereafter, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on this section.
(2) Elements.--Each report shall include the following:
(A) A current assessment of the extent to which
family members of members of the National Guard and
Reserve who are deployed overseas have access to, and
are utilizing, mental health care available under this
section.
(B) A current assessment of the quality of mental
health care being provided to family members of members
of the National Guard and Reserve who are deployed
overseas, and an assessment of expanding coverage for
mental health care services under the TRICARE program
to mental health care services provided at facilities
currently outside the accredited network of the TRICARE
program.
(C) Such recommendations for legislative or
administration action as the Secretary considers
appropriate in order to further assure full access to
mental health care by family members of members of the
National Guard and Reserve who are deployed overseas
during the mobilization, deployment, and demobilization
of such members of the National Guard and Reserve.
SEC. 561. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE FOR
DEPLOYED MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED
FORCES.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representative a report on financial assistance for child care
provided by the Department of Defense, including through the Operation:
Military Child Care and Military Child Care in Your Neighborhood
programs, to members of the reserve components of the Armed Forces who
are deployed in connection with a contingency operation.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The types of financial assistance for child care made
available by the Department of Defense to members of the
reserve components of the Armed Forces who are deployed in
connection with a contingency operation.
(2) The extent to which such members have taken advantage
of such assistance since such assistance was first made
available.
(3) The formulas used for calculating the amount of such
assistance provided to such members.
(4) The funding allocated to such assistance.
(5) The remaining costs of child care to families of such
members that are not covered by the Department of Defense.
(6) Any barriers to access to such assistance faced by such
members and the families of such members.
(7) The different criteria used by different States with
respect to the regulation of child care services and the
potential impact differences in such criteria may have on the
access of such members to such assistance.
(8) The different standards and criteria used by different
programs of the Department of Defense for providing such
assistance with respect to child care providers and the
potential impact differences in such standards and criteria may
have on the access of such members to such assistance.
(9) Any other matters the Comptroller General determines
relevant to the improvement of financial assistance for child
care made available by the Department of Defense to members of
the reserve components of the Armed Forces who are deployed in
connection with a contingency operation.
Subtitle G--Other Matters
SEC. 571. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN THE ARMED FORCES BY
DEFENSE TASK FORCE ON SEXUAL ASSAULT IN THE MILITARY
SERVICES.
Section 576(e)(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1924; 10 U.S.C. 4331 note) is amended by striking ``one year after the
initiation of its examination under subsection (b)'' and inserting
``December 1, 2009''.
SEC. 572. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY MUSICAL
UNITS AND MUSICIANS.
(a) Clarification.--Section 974 of title 10, United States Code, is
amended to read as follows:
``Sec. 974. Military musical units and musicians: performance policies;
restriction on performance in competition with local
civilian musicians
``(a) Military Musicians Performing in an Official Capacity.--(1) A
military musical unit, and a member of the armed forces who is a member
of such a unit performing in an official capacity, may not engage in
the performance of music in competition with local civilian musicians.
``(2) For purposes of paragraph (1), the following shall, except as
provided in paragraph (3), be included among the performances that are
considered to be a performance of music in competition with local
civilian musicians:
``(A) A performance that is more than incidental to an
event that--
``(i) is not supported, in whole or in part, by
United States Government funds; and
``(ii) is not free to the public.
``(B) A performance of background, dinner, dance, or other
social music at an event that--
``(i) is not supported, in whole or in part, by
United States Government funds; and
``(ii) is held at a location not on a military
installation.
``(3) For purposes of paragraph (1), the following shall not be
considered to be a performance of music in competition with local
civilian musicians:
``(A) A performance (including background, dinner, dance,
or other social music) at an official United States Government
event that is supported, in whole or in part, by United States
Government funds.
``(B) A performance at a concert, parade, or other event,
that--
``(i) is a patriotic event or a celebration of a
national holiday; and
``(ii) is free to the public.
``(C) A performance that is incidental to an event that--
``(i) is not supported, in whole or in part, by
United States Government funds; or
``(ii) is not free to the public.
``(D) A performance (including background, dinner, dance,
or other social music) at--
``(i) an event that is sponsored by or for a
military welfare society, as defined in section 2566 of
this title;
``(ii) an event that is a traditional military
event intended to foster the morale and welfare of
members of the armed forces and their families; or
``(iii) an event that is specifically for the
benefit or recognition of members of the armed forces,
their family members, veterans, civilian employees of
the Department of Defense, or former civilian employees
of the Department of Defense, to the extent provided in
regulations prescribed by the Secretary of Defense.
``(E) A performance (including background, dinner, dance,
or other social music)--
``(i) to uphold the standing and prestige of the
United States with dignitaries and distinguished or
prominent persons or groups of the United States or
another nation; or
``(ii) in support of fostering and sustaining a
cooperative relationship with another nation.
``(b) Prohibition of Military Musicians Accepting Additional
Remuneration for Official Performances.--A military musical unit, and a
member of the armed forces who is a member of such a unit performing in
an official capacity, may not receive remuneration for an official
performance, other than applicable military pay and allowances.
``(c) Recordings.--(1) When authorized under regulations prescribed
by the Secretary of Defense for purposes of this section, a military
musical unit may produce recordings for distribution to the public, at
a cost not to exceed expenses of production and distribution.
``(2) Amounts received in payment for a recording distributed to
the public under this subsection shall be credited to the appropriation
or account providing the funds for the production of the recording. Any
amount so credited shall be merged with amounts in the appropriation or
account to which credited, and shall be available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such appropriation or account.
``(d) Performances at Foreign Locations.--Subsection (a) does not
apply to a performance outside the United States, its commonwealths, or
its possessions.
``(e) Military Musical Unit Defined.--In this section, the term
`military musical unit' means a band, ensemble, chorus, or similar
musical unit of the armed forces.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 49 of such title is
amended to read as follows:
``974. Military musical units and musicians: performance policies;
restriction on performance in competition
with local civilian musicians.''.
SEC. 573. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL FOR
VOTING PURPOSES.
(a) In General.--Section 705 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 595) is amended--
(1) by striking ``For'' and inserting the following:
``(a) In General.--For'';
(2) by adding at the end the following new subsection:
``(b) Spouses.--For the purposes of voting for any Federal office
(as defined in section 301 of the Federal Election Campaign Act of 1971
(2 U.S.C. 431)) or a State or local office, a person who is absent from
a State because the person is accompanying the person's spouse who is
absent from that same State in compliance with military or naval orders
shall not, solely by reason of that absence--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not the person intends
to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''; and
(3) in the section heading, by inserting ``and spouses of
military personnel'' before the period at the end.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (50 U.S.C. App. 501) is amended by striking the item relating
to section 705 and inserting the following new item:
``Sec. 705. Guarantee of residency for military personnel and spouses
of military personnel.''.
(c) Application.--Subsection (b) of section 705 of such Act (50
U.S.C. App. 595), as added by subsection (a) of this section, shall
apply with respect to absences from States described in such subsection
(b) on or after the date of the enactment of this Act, regardless of
the date of the military or naval order concerned.
SEC. 574. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF SPOUSES OF
MILITARY PERSONNEL.
(a) In General.--Section 511 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 571) is amended--
(1) in subsection (a)--
(A) by striking ``A servicemember'' and inserting
the following:
``(1) In general.--A servicemember''; and
(B) by adding at the end the following:
``(2) Spouses.--A spouse of a servicemember shall neither
lose nor acquire a residence or domicile for purposes of
taxation with respect to the person, personal property, or
income of the spouse by reason of being absent or present in
any tax jurisdiction of the United States solely to be with the
servicemember in compliance with the servicemember's military
orders if the residence or domicile, as the case may be, is the
same for the servicemember and the spouse.'';
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Income of a Military Spouse.--Income for services performed
by the spouse of a servicemember shall not be deemed to be income for
services performed or from sources within a tax jurisdiction of the
United States if the spouse is not a resident or domiciliary of the
jurisdiction in which the income is earned because the spouse is in the
jurisdiction solely to be with the servicemember serving in compliance
with military orders.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in paragraph (1), by inserting ``or the spouse
of a servicemember'' after ``The personal property of a
servicemember''; and
(B) in paragraph (2), by inserting ``or the
spouse's'' after ``servicemember's''.
(b) Application.--Subsections (a)(2) and (c) of section 511 of such
Act (50 U.S.C. App. 571), as added by subsection (a) of this section,
and the amendments made to such section 511 by subsection (a)(4) of
this section, shall apply with respect to any return of State or local
income tax filed for any taxable year beginning with the taxable year
that includes the date of the enactment of this Act.
SEC. 575. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR SPOUSES
OF MILITARY PERSONNEL.
(a) In General.--Section 508 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 568) is amended in subsection (b) by inserting ``or the
spouse of such servicemember'' after ``a servicemember in military
service''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to servicemembers in military service (as defined in
section 101 of such Act (50 U.S.C. App. 511)) on or after the date of
the enactment of this Act.
SEC. 576. MODIFICATION OF DEPARTMENT OF DEFENSE SHARE OF EXPENSES UNDER
NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) Modification.--Section 509(d)(1) of title 32, United States
Code, is amended by striking ``may not exceed'' and all that follows
and inserting ``may not exceed the amount as follows:
``(A) In the case of a State program of the Program in
either of its first two years of operation, an amount equal to
100 percent of the costs of operating the State program in that
fiscal year.
``(B) In the case of any other State program of the
Program, an amount equal to 75 percent of the costs of
operating the State program in that fiscal year.''.
(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. 577. PROVISION TO MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES
OF COMPREHENSIVE INFORMATION ON BENEFITS FOR MEMBERS OF
THE ARMED FORCES AND THEIR FAMILIES.
(a) Provision of Comprehensive Information Required.--The Secretary
of the military department concerned shall, at each time specified in
subsection (b), provide to each member of the Armed Forces and, when
practicable, the family members of such member comprehensive
information on the benefits available to such member and family members
as described in subsection (c), including the estimated monetary amount
of such benefits and of any applicable offsets to such benefits.
(b) Times for Provision of Information.--Comprehensive information
on benefits shall be provided a member of the Armed Forces and family
members at each time as follows:
(1) Within 180 days of the enlistment, accession, or
commissioning of the member as a member of the Armed Forces.
(2) Within 180 days of a determination that the member--
(A) has incurred a service-connected disability;
and
(B) is unfit to perform the duties of the member's
office, grade, rank, or rating because of such
disability.
(3) Upon the discharge, separation, retirement, or release
of the member from the Armed Forces.
(c) Covered Benefits.--The benefits on which a member of the Armed
Forces and family members shall be provided comprehensive information
under this section shall be as follows:
(1) At all the times described in subsection (b), the
benefits shall include the following:
(A) Financial compensation, including financial
counseling.
(B) Health care and life insurance programs for
members of the Armed Forces and their families.
(C) Death benefits.
(D) Entitlements and survivor benefits for
dependents of the Armed Forces, including offsets in
the receipt of such benefits under the Survivor Benefit
Plan and in connection with the receipt of dependency
and indemnity compensation.
(E) Educational assistance benefits, including
limitations on and the transferability of such
assistance.
(F) Housing assistance benefits, including
counseling.
(G) Relocation planning and preparation.
(H) Such other benefits as the Secretary concerned
considers appropriate.
(2) At the time described in paragraph (1) of such
subsection, the benefits shall include the following:
(A) Maintaining military records.
(B) Legal assistance.
(C) Quality of life programs.
(D) Family and community programs.
(E) Such other benefits as the Secretary concerned
considers appropriate.
(3) At the times described in paragraphs (2) and (3) of
such subsection, the benefits shall include the following:
(A) Employment assistance.
(B) Continuing Reserve Component service.
(C) Disability benefits, including offsets in
connection with the receipt of such benefits.
(D) Benefits and services provided under laws
administered by the Secretary of Veterans Affairs.
(E) Such other benefits as the Secretary concerned
considers appropriate.
(d) Biennial Notice to Members of the Armed Forces on the Value of
Pay and Benefits.--
(1) Biennial notice required.--The Secretary of each
military department shall provide to each member of the Armed
Forces under the jurisdiction of such Secretary on a biennial
basis notice on the value of the pay and benefits paid or
provided to such member by law during the preceding year. The
notice may be provided in writing or electronically, at the
election of the Secretary.
(2) Elements.--Each notice provided a member under
paragraph (1) shall include the following:
(A) A statement of the estimated value of the
military health care, retirement benefits, disability
benefits, commissary and exchange privileges,
government-provided housing, tax benefits associated
with service in the Armed Forces, and special pays paid
or provided the member during the preceding 24 months.
(B) A notice regarding the death and survivor
benefits, including Servicemembers' Group Life
Insurance, to which the family of the member would be
entitled in the event of the death of the member, and a
description of any offsets that might be applicable to
such benefits.
(C) Information on other programs available to
members of the Armed Forces generally, such as access
to morale, welfare, and recreation (MWR) facilities,
child care, and education tuition assistance, and the
estimated value, if ascertainable, of the availability
of such programs in the area where the member is
stationed or resides.
(e) Other Outreach.--
(1) In general.--The Secretaries of the military
departments shall, on a periodic basis, conduct outreach on the
pay, benefits, and programs and services available to members
of the Armed Forces by reason of service in the Armed Forces.
The outreach shall be conducted pursuant to public service
announcements, publications, and such other announcements
through general media as will serve to disseminate the
information broadly among the general public.
(2) Internet outreach website.--
(A) In general.--The Secretary of Defense shall
establish an Internet website for the purpose of
providing the comprehensive information about the
benefits and offsets described in subsection (c) to
members of the Armed Forces and their families.
(B) Contact information.--The Internet website
required by subparagraph (A) shall provide contact
information, both telephone and e-mail, that a member
of the Armed Forces and a family member of the member
can use to get personalized information about the
benefits and offsets described in subsection (c).
(f) Reports.--
(1) Initial report.--Not later than one 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
implementation of the requirements of this section by the
Department of Defense. Such report shall include a description
of the quality and scope of available online resources that
provide information about benefits for members of the Armed
Forces and their families.
(2) Records maintained.--The Secretary of Defense or the
military department concerned shall maintain records that
contain the number of individuals that received a briefing
under this section in the previous year disaggregated by the
following:
(A) Whether the individual is a member of the Armed
Forces or a family member of a member of the Armed
Forces.
(B) The Armed Force of the members.
(C) The State or territory in which the briefing
occurred.
(D) The subject of the briefing.
Subtitle H--Military Voting
SEC. 581. SHORT TITLE.
This subtitle may be cited as the ``Military and Overseas Voter
Empowerment Act''.
SEC. 582. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental right.
(2) Due to logistical, geographical, operational and
environmental barriers, military and overseas voters are
burdened by many obstacles that impact their right to vote and
register to vote, the most critical of which include problems
transmitting balloting materials and not being given enough
time to vote.
(3) States play an essential role in facilitating the
ability of military and overseas voters to register to vote and
have their ballots cast and counted, especially with respect to
timing and improvement of absentee voter registration and
absentee ballot procedures.
(4) The Department of Defense educates military and
overseas voters of their rights under the Uniformed and
Overseas Citizens Absentee Voting Act and plays an
indispensable role in facilitating the procedural channels that
allow military and overseas voters to have their votes count.
(5) The local, State, and Federal Government entities
involved with getting ballots to military and overseas voters
must work in conjunction to provide voter registration services
and balloting materials in a secure and expeditious manner.
SEC. 583. CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITIES.
A State may delegate its responsibilities in carrying out the
requirements under the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.) imposed as a result of the provisions of
and amendments made by this Act to jurisdictions of the State.
SEC. 584. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED SERVICES
VOTERS AND OVERSEAS VOTERS TO REQUEST AND FOR STATES TO
SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE BALLOT
APPLICATIONS BY MAIL AND ELECTRONICALLY.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for absent uniformed services voters and
overseas voters to request by mail and electronically
voter registration applications and absentee ballot
applications with respect to general, special, primary,
and runoff elections for Federal office in accordance
with subsection (e);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the absent uniformed
services voter or overseas voter under subparagraph
(C)) voter registration applications and absentee
ballot applications requested under subparagraph (A) in
accordance with subsection (e); and
``(C) by which the absent uniformed services voter
or overseas voter can designate whether they prefer for
such voter registration application or absentee ballot
application to be transmitted by mail or
electronically.''; and
(2) by adding at the end the following new subsection:
``(e) Designation of Means of Electronic Communication for Absent
Uniformed Services Voters and Overseas Voters To Request and for States
To Send Voter Registration Applications and Absentee Ballot
Applications, and for Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of electronic communication--
``(A) for use by absent uniformed services voters
and overseas voters who wish to register to vote or
vote in any jurisdiction in the State to request voter
registration applications and absentee ballot
applications under subsection (a)(6);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to absent uniformed
services voters and overseas voters.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to absent uniformed
services voters and overseas voters, including a means of
electronic communication for the appropriate jurisdiction of
the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to absent uniformed
services voters and overseas voters.
``(4) Availability and maintenance of online repository of
state contact information.--The Federal Voting Assistance
Program of the Department of Defense shall maintain and make
available to the public an online repository of State contact
information with respect to elections for Federal office,
including the single State office designated under subsection
(b) and the means of electronic communication designated under
paragraph (1), to be used by absent uniformed services voters
and overseas voters as a resource to send voter registration
applications and absentee ballot applications to the
appropriate jurisdiction in the State.
``(5) Transmission if no preference indicated.--In the case
where an absent uniformed services voter or overseas voter does
not designate a preference under subsection (a)(6)(C), the
State shall transmit the voter registration application or
absentee ballot application by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(6) Security and privacy protections.--
``(A) Security protections.--To the extent
practicable, States shall ensure that the procedures
established under subsection (a)(6) protect the
security and integrity of the voter registration and
absentee ballot application request processes.
``(B) Privacy protections.--To the extent
practicable, the procedures established under
subsection (a)(6) shall ensure that the privacy of the
identity and other personal data of an absent uniformed
services voter or overseas voter who requests or is
sent a voter registration application or absentee
ballot application under such subsection is protected
throughout the process of making such request or being
sent such application.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 585. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK
ABSENTEE BALLOTS BY MAIL AND ELECTRONICALLY TO ABSENT
UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 584, is
amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to absent uniformed services voters and overseas voters with
respect to general, special, primary, and runoff elections for
Federal office in accordance with subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to transmit blank absentee ballots by mail
and electronically (in accordance with the preferred
method of transmission designated by the absent
uniformed services voter or overseas voter under
subparagraph (B)) to absent uniformed services voters
and overseas voters for an election for Federal office;
and
``(B) by which the absent uniformed services voter
or overseas voter can designate whether they prefer for
such blank absentee ballot to be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an absent uniformed services voter or overseas voter does
not designate a preference under paragraph (1)(B), the State
shall transmit the ballot by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(3) Security and privacy protections.--
``(A) Security protections.--To the extent
practicable, States shall ensure that the procedures
established under subsection (a)(7) protect the
security and integrity of absentee ballots.
``(B) Privacy protections.--To the extent
practicable, the procedures established under
subsection (a)(7) shall ensure that the privacy of the
identity and other personal data of an absent uniformed
services voter or overseas voter to whom a blank
absentee ballot is transmitted under such subsection is
protected throughout the process of such
transmission.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 586. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS
HAVE TIME TO VOTE.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)), as amended by section
585, is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraph:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter--
``(A) except as provided in subsection (g), in the
case where the request is received at least 45 days
before an election for Federal office, not later than
45 days before the election; and
``(B) in the case where the request is received
less than 45 days before an election for Federal
office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined
appropriate by the State, in a manner that
expedites the transmission of such absentee
ballot.''.
(2) by adding at the end the following new subsection:
``(g) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(8)(A) with respect to an election for
Federal office due to an undue hardship described in paragraph
(2)(B), the chief State election official shall request that
the Presidential designee grant a waiver to the State of the
application of such subsection. Such request shall include--
``(A) a recognition that the purpose of such
subsection is to allow absent uniformed services voters
and overseas voters enough time to vote in an election
for Federal office;
``(B) an explanation of the hardship that indicates
why the State is unable to transmit absent uniformed
services voters and overseas voters an absentee ballot
in accordance with such subsection;
``(C) the number of days prior to the election for
Federal office that the State requires absentee ballots
be transmitted to absent uniformed services voters and
overseas voters; and
``(D) a comprehensive plan to ensure that absent
uniformed services voters and overseas voters are able
to receive absentee ballots which they have requested
and submit marked absentee ballots to the appropriate
State election official in time to have that ballot
counted in the election for Federal office, which
includes--
``(i) the steps the State will undertake to
ensure that absent uniformed services voters
and overseas voters have time to receive, mark,
and submit their ballots in time to have those
ballots counted in the election;
``(ii) why the plan provides absent
uniformed services voters and overseas voters
sufficient time to vote as a substitute for the
requirements under such subsection; and
``(iii) the underlying factual information
which explains how the plan provides such
sufficient time to vote as a substitute for
such requirements.
``(2) Approval of waiver request.--After consulting with
the Attorney General, the Presidential designee shall approve a
waiver request under paragraph (1) if the Presidential designee
determines each of the following requirements are met:
``(A) The comprehensive plan under subparagraph (D)
of such paragraph provides absent uniformed services
voters and overseas voters sufficient time to receive
absentee ballots they have requested and submit marked
absentee ballots to the appropriate State election
official in time to have that ballot counted in the
election for Federal office.
``(B) One or more of the following issues creates
an undue hardship for the State:
``(i) The State's primary election date
prohibits the State from complying with
subsection (a)(8)(A).
``(ii) The State has suffered a delay in
generating ballots due to a legal contest.
``(iii) The State Constitution prohibits
the State from complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under
subparagraph (B), a State that requests a waiver under
paragraph (1) shall submit to the Presidential designee
the written waiver request not later than 90 days
before the election for Federal office with respect to
which the request is submitted. The Presidential
designee shall approve or deny the waiver request not
later than 65 days before such election.
``(B) Exception.--If a State requests a waiver
under paragraph (1) as the result of an undue hardship
described in paragraph (2)(B)(ii), the State shall
submit to the Presidential designee the written waiver
request as soon as practicable. The Presidential
designee shall approve or deny the waiver request not
later than 5 business days after the date on which the
request is received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election for
Federal office for which the request was submitted. For each
subsequent election for Federal office, the Presidential
designee shall only approve a waiver if the State has submitted
a request under paragraph (1) with respect to such election.''.
(b) Runoff Elections.--Section 102(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by
subsection (a), is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to absent
uniformed services voters and overseas voters in manner that
gives them sufficient time to vote in the runoff election.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 587. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
(a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after
section 103 the following new section:
``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
``(a) Establishment of Procedures.--The Presidential designee shall
establish procedures for collecting marked absentee ballots of absent
overseas uniformed services voters in regularly scheduled general
elections for Federal office, including absentee ballots prepared by
States and the Federal write-in absentee ballot prescribed under
section 103, and for delivering such marked absentee ballots to the
appropriate election officials.
``(b) Delivery to Appropriate Election Officials.--
``(1) In general.--Under the procedures established under
this section, the Presidential designee shall implement
procedures that facilitate the delivery of marked absentee
ballots of absent overseas uniformed services voters for
regularly scheduled general elections for Federal office to the
appropriate election officials, in accordance with this
section, not later than the date by which an absentee ballot
must be received in order to be counted in the election.
``(2) Cooperation and coordination with the united states
postal service.--The Presidential designee shall carry out this
section in cooperation and coordination with the United States
Postal Service, and shall provide expedited mail delivery
service for all such marked absentee ballots of absent
uniformed services voters that are collected on or before the
deadline described in paragraph (3) and then transferred to the
United States Postal Service.
``(3) Deadline described.--
``(A) In general.--Except as provided in
subparagraph (B), the deadline described in this
paragraph is noon (in the location in which the ballot
is collected) on the seventh day preceding the date of
the regularly scheduled general election for Federal
office.
``(B) Authority to establish alternative deadline
for certain locations.--If the Presidential designee
determines that the deadline described in subparagraph
(A) is not sufficient to ensure timely delivery of the
ballot under paragraph (1) with respect to a particular
location because of remoteness or other factors, the
Presidential designee may establish as an alternative
deadline for that location the latest date occurring
prior to the deadline described in subparagraph (A)
which is sufficient to provide timely delivery of the
ballot under paragraph (1).
``(4) No postage requirement.--In accordance with section
3406 of title 39, United States Code, such marked absentee
ballots and other balloting materials shall be carried free of
postage.
``(5) Date of mailing.--Such marked absentee ballots shall
be postmarked with a record of the date on which the ballot is
mailed.
``(c) Outreach for Absent Overseas Uniformed Services Voters on
Procedures.--The Presidential designee shall take appropriate actions
to inform individuals who are anticipated to be absent overseas
uniformed services voters in a regularly scheduled general election for
Federal office to which this section applies of the procedures for the
collection and delivery of marked absentee ballots established pursuant
to this section, including the manner in which such voters may utilize
such procedures for the submittal of marked absentee ballots pursuant
to this section.
``(d) Absent Overseas Uniformed Services Voter Defined.--In this
section, the term `absent overseas uniformed services voter' means an
overseas voter described in section 107(5)(A).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Presidential designee such sums as may be necessary
to carry out this section.''.
(b) Conforming Amendment.--Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) carry out section 103A with respect to the collection
and delivery of marked absentee ballots of absent overseas
uniformed services voters in elections for Federal office.''.
(c) State Responsibilities.--Section 102(a) of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 586, is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding the following new paragraph:
``(10) carry out section 103A(b)(1) with respect to the
processing and acceptance of marked absentee ballots of absent
overseas uniformed services voters.''.
(d) Tracking Marked Ballots.--Section 102 of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 586, is amended by adding at the
end the following new subsection:
``(h) Tracking Marked Ballots.--The chief State election official,
in coordination with local election jurisdictions, shall develop a free
access system by which an absent uniformed services voter or overseas
voter may determine whether the absentee ballot of the absent uniformed
services voter or overseas voter has been received by the appropriate
State election official.''.
(e) Protecting Voter Privacy and Secrecy of Absentee Ballots.--
Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) to the greatest extent practicable, take such actions
as may be necessary--
``(A) to ensure that absent uniformed services
voters who cast absentee ballots at locations or
facilities under the jurisdiction of the Presidential
designee are able to do so in a private and independent
manner; and
``(B) to protect the privacy of the contents of
absentee ballots cast by absentee uniformed services
voters and overseas voters while such ballots are in
the possession or control of the Presidential
designee.''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT.
(a) Use in General, Special, Primary, and Runoff Elections for
Federal Office.--
(1) In general.--Section 103 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--
(A) in subsection (a), by striking ``general
elections for Federal office'' and inserting ``general,
special, primary, and runoff elections for Federal
office'';
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``a general election'' and
inserting ``a general, special, primary, or runoff
election for Federal office''; and
(C) in subsection (f), by striking ``the general
election'' each place it appears and inserting ``the
general, special, primary, or runoff election for
Federal office''.
(2) Effective date.--The amendments made by this subsection
shall take effect on December 31, 2010, and apply with respect
to elections for Federal office held on or after such date.
(b) Promotion and Expansion of Use.--Section 103(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
2) is amended--
(1) by striking ``General.--The Presidential'' and
inserting ``General.--
``(1) Federal write-in absentee ballot.--The
Presidential''; and
(2) by adding at the end the following new paragraph:
``(2) Promotion and expansion of use of federal write-in
absentee ballots.--
``(A) In general.--Not later than December 31,
2011, the Presidential designee shall adopt procedures
to promote and expand the use of the Federal write-in
absentee ballot as a back-up measure to vote in
elections for Federal office.
``(B) Use of technology.--Under such procedures,
the Presidential designee shall utilize technology to
implement a system under which the absent uniformed
services voter or overseas voter may--
``(i) enter the address of the voter or
other information relevant in the appropriate
jurisdiction of the State, and the system will
generate a list of all candidates in the
election for Federal office in that
jurisdiction; and
``(ii) submit the marked Federal write-in
absentee ballot by printing the ballot
(including complete instructions for submitting
the marked Federal write-in absentee ballot to
the appropriate State election official and the
mailing address of the single State office
designated under section 102(b)).
``(C) Authorization of appropriations.--There are
authorized to be appropriated to the Presidential
designee such sums as may be necessary to carry out
this paragraph.''.
SEC. 589. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATIONS, MARKED ABSENTEE BALLOTS, AND FEDERAL
WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET CERTAIN
REQUIREMENTS.
(a) Voter Registration and Absentee Ballot Applications.--Section
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1), as amended by section 587, is amended by adding at
the end the following new subsection:
``(i) Prohibiting Refusal To Accept Applications for Failure To
Meet Certain Requirements.--A State shall not refuse to accept and
process any otherwise valid voter registration application or absentee
ballot application (including the official post card form prescribed
under section 101) or marked absentee ballot submitted in any manner by
an absent uniformed services voter or overseas voter solely on the
basis of the following:
``(1) Notarization requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.''.
(b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42
U.S.C. 1973ff-2) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet
Certain Requirements.--A State shall not refuse to accept and process
any otherwise valid Federal write-in absentee ballot submitted in any
manner by an absent uniformed services voter or overseas voter solely
on the basis of the following:
``(1) Notarization requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 590. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.
(a) Federal Voting Assistance Program Improvements.--
(1) In general.--The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended by
section 587, is amended by inserting after section 103A the
following new section:
``SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.
``(a) Duties.--The Presidential designee shall carry out the
following duties:
``(1) Develop online portals of information to inform
absent uniformed services voters regarding voter registration
procedures and absentee ballot procedures to be used by such
voters with respect to elections for Federal office.
``(2) Establish a program to notify absent uniformed
services voters of voter registration information and
resources, the availability of the Federal postcard
application, and the availability of the Federal write-in
absentee ballot on the military Global Network, and shall use
the military Global Network to notify absent uniformed services
voters of the foregoing 90, 60, and 30 days prior to each
election for Federal office.
``(b) Clarification Regarding Other Duties and Obligations.--
Nothing in this section shall relieve the Presidential designee of
their duties and obligations under any directives or regulations issued
by the Department of Defense, including the Department of Defense
Directive 1000.04 (or any successor directive or regulation) that is
not inconsistent or contradictory to the provisions of this section.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Voting Assistance Program of the Department
of Defense (or a successor program) such sums as are necessary for
purposes of carrying out this section.''.
(2) Conforming amendments.--Section 101 of such Act (42
U.S.C. 1973ff), as amended by section 587, is amended--
(A) in subparagraph (b)--
(i) by striking ``and'' at the end of
paragraph (8);
(ii) by striking the period at the end of
paragraph (9) and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(10) carry out section 103B with respect to Federal
Voting Assistance Program Improvements.''; and
(B) by adding at the end the following new
subsection:
``(d) Authorization of Appropriations for Carrying Out Federal
Voting Assistance Program Improvements.--There are authorized to be
appropriated to the Presidential designee such sums as are necessary
for purposes of carrying out subsection (b)(10).''.
(b) Voter Registration Assistance for Absent Uniformed Services
Voters.--Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1), as amended by section 589, is amended
by adding at the end the following new subsection:
``(j) Voter Registration Assistance for Absent Uniformed Services
Voters.--
``(1) Designating an office as a voter registration agency
on each installation of the armed forces.--Not later than 180
days after the date of enactment of this subsection, each
Secretary of a military department shall take appropriate
actions to designate an office on each installation of the
Armed Forces under the jurisdiction of such Secretary
(excluding any installation in a theater of combat), consistent
across every installation of the department of the Secretary
concerned, to provide each individual described in paragraph
(3)--
``(A) written information on voter registration
procedures and absentee ballot procedures (including
the official post card form prescribed under section
101);
``(B) the opportunity to register to vote in an
election for Federal office;
``(C) the opportunity to update the individual's
voter registration information, including clear written
notice and instructions for the absent uniformed
services voter to change their address by submitting
the official post card form prescribed under section
101 to the appropriate State election official; and
``(D) the opportunity to request an absentee ballot
under this Act.
``(2) Development of procedures.--Each Secretary of a
military department shall develop, in consultation with each
State and the Presidential designee, the procedures necessary
to provide the assistance described in paragraph (1).
``(3) Individuals described.--The following individuals are
described in this paragraph:
``(A) An absent uniformed services voter--
``(i) who is undergoing a permanent change
of duty station;
``(ii) who is deploying overseas for at
least 6 months;
``(iii) who is or returning from an
overseas deployment of at least 6 months; or
``(iv) who at any time requests assistance
related to voter registration.
``(B) All other absent uniformed services voters
(as defined in section 107(1)).
``(4) Timing of provision of assistance.--The assistance
described in paragraph (1) shall be provided to an absent
uniformed services voter--
``(A) described in clause (i) of paragraph (3)(A),
as part of the administrative in-processing of the
member upon arrival at the new duty station of the
absent uniformed services voter;
``(B) described in clause (ii) of such paragraph,
as part of the administrative in-processing of the
member upon deployment from the home duty station of
the absent uniformed services voter;
``(C) described in clause (iii) of such paragraph,
as part of the administrative in-processing of the
member upon return to the home duty station of the
absent uniformed services voter;
``(D) described in clause (iv) of such paragraph,
at any time the absent uniformed services voter
requests such assistance; and
``(E) described in paragraph (3)(B), at any time
the absent uniformed services voter requests such
assistance.
``(5) Pay, personnel, and identification offices of the
department of defense.--The Secretary of Defense may designate
pay, personnel, and identification offices of the Department of
Defense for persons to apply to register to vote, update the
individual's voter registration information, and request an
absentee ballot under this Act.
``(6) Treatment of offices designated as voter registration
agencies.--An office designated under paragraph (1) or (5)
shall be considered to be a voter registration agency
designated under section 7(a)(2) of the National Voter
Registration Act of 1993 for all purposes of such Act.
``(7) Outreach to absent uniformed services voters.--The
Secretary of each military department or the Presidential
designee shall take appropriate actions to inform absent
uniformed services voters of the assistance available under
this subsection including--
``(A) the availability of voter registration
assistance at offices designated under paragraphs (1)
and (5); and
``(B) the time, location, and manner in which an
absent uniformed voter may utilize such assistance.
``(8) Definition of military department and secretary
concerned.--In this subsection, the terms `military department'
and `Secretary concerned' have the meaning given such terms in
paragraphs (8) and (9), respectively, of section 101 of title
10, United States Code.
``(9) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 591. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING CERTAIN
DATA.
(a) In General.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)),
as amended by section 590, is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) working with the Election Assistance Commission and
the chief State election official of each State, develop
standards--
``(A) for States to report data on the number of
absentee ballots transmitted and received under section
102(c) and such other data as the Presidential designee
determines appropriate; and
``(B) for the Presidential designee to store the
data reported.''.
(b) Conforming Amendment.--Section 102(a) of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 587, is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) report data on the number of absentee ballots
transmitted and received under section 102(c) and such other
data as the Presidential designee determines appropriate in
accordance with the standards developed by the Presidential
designee under section 101(b)(11).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 592. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE APPLICATION
FOR ALL SUBSEQUENT ELECTIONS.
(a) In General.--Subsections (a) through (d) of section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
3) are repealed.
(b) Conforming Amendments.--The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended--
(1) in section 101(b)--
(A) in paragraph (2), by striking ``, for use by
States in accordance with section 104''; and
(B) in paragraph (4), by striking ``for use by
States in accordance with section 104''; and
(2) in section 104, as amended by subsection (a)--
(A) in the section heading, by striking ``use of
single application for all subsequent elections'' and
inserting ``prohibition of refusal of applications on
grounds of early submission''; and
(B) in subsection (e), by striking ``(e)
Prohibition of Refusal of Applications on Grounds of
Early Submission.--''.
SEC. 593. REPORTING REQUIREMENTS.
The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.) is amended by inserting after section 105 the following
new section:
``SEC. 105A. REPORTING REQUIREMENTS.
``(a) Report on Status of Implementation and Assessment of
Programs.--Not later than 180 days after the date of the enactment of
the Military and Overseas Voter Empowerment Act, the Presidential
designee shall submit to the relevant committees of Congress a report
containing the following information:
``(1) The status of the implementation of the procedures
established for the collection and delivery of marked absentee
ballots of absent overseas uniformed services voters under
section 103A, and a detailed description of the specific steps
taken towards such implementation for the regularly scheduled
general election for Federal office held in November 2010.
``(2) An assessment of the effectiveness of the Voting
Assistance Officer Program of the Department of Defense, which
shall include the following:
``(A) A thorough and complete assessment of whether
the Program, as configured and implemented as of such
date of enactment, is effectively assisting absent
uniformed services voters in exercising their right to
vote.
``(B) An inventory and explanation of any areas of
voter assistance in which the Program has failed to
accomplish its stated objectives and effectively assist
absent uniformed services voters in exercising their
right to vote.
``(C) As necessary, a detailed plan for the
implementation of any new program to replace or
supplement voter assistance activities required to be
performed under this Act.
``(3) A detailed description of the specific steps taken
towards the implementation of voter registration assistance for
absent uniformed services voters under section 102(j),
including the designation of offices under paragraphs (1) and
(5) of such section.
``(b) Annual Report on Effectiveness of Activities and Utilization
of Certain Procedures.--Not later than March 31 of each year, the
Presidential designee shall transmit to the President and to the
relevant committees of Congress a report containing the following
information:
``(1) An assessment of the effectiveness of activities
carried out under section 103B, including the activities and
actions of the Federal Voting Assistance Program of the
Department of Defense, a separate assessment of voter
registration and participation by absent uniformed services
voters, a separate assessment of voter registration and
participation by overseas voters who are not members of the
uniformed services, and a description of the cooperation
between States and the Federal Government in carrying out such
section.
``(2) A description of the utilization of voter
registration assistance under section 102(j), which shall
include the following:
``(A) A description of the specific programs
implemented by each military department of the Armed
Forces pursuant to such section.
``(B) The number of absent uniformed services
voters who utilized voter registration assistance
provided under such section.
``(3) In the case of a report submitted under this
subsection in the year following a year in which a regularly
scheduled general election for Federal office is held, a
description of the utilization of the procedures for the
collection and delivery of marked absentee ballots established
pursuant to section 103A, which shall include the number of
marked absentee ballots collected and delivered under such
procedures and the number of such ballots which were not
delivered by the time of the closing of the polls on the date
of the election (and the reasons such ballots were not so
delivered).
``(c) Definitions.--In this section:
``(1) Absent overseas uniformed services voter.--The term
`absent overseas uniformed services voter' has the meaning
given such term in section 103A(d).
``(2) Presidential designee.--The term `Presidential
designee' means the Presidential designee under section 101(a).
``(3) Relevant committees of congress defined.--The term
`relevant committees of Congress' means--
``(A) the Committees on Appropriations, Armed
Services, and Rules and Administration of the Senate;
and
``(B) the Committees on Appropriations, Armed
Services, and House Administration of the House of
Representatives.''.
SEC. 594. ANNUAL REPORT ON ENFORCEMENT.
Section 105 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973f-4) is amended--
(1) by striking ``The Attorney'' and inserting ``(a) In
General.--The Attorney''; and
(2) by adding at the end the following new subsection:
``(b) Report to Congress.--Not later than December 31 of each year,
the Attorney General shall submit to Congress an annual report on any
civil action brought under subsection (a) during the preceding year.''.
SEC. 595. REQUIREMENTS PAYMENTS.
(a) Use of Funds.--Section 251(b) of the Help America Vote Act of
2002 (42 U.S.C. 15401(b)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Activities under uniformed and overseas citizens
absentee voting act.--A State shall use a requirements payment
made using funds appropriated pursuant to the authorization
under section 257(4) only to meet the requirements under the
Uniformed and Overseas Citizens Absentee Voting Act imposed as
a result of the provisions of and amendments made by the
Military and Overseas Voter Empowerment Act.''.
(b) Requirements.--
(1) State plan.--Section 254(a) of the Help America Vote
Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at the
end the following new paragraph:
``(14) How the State plan will comply with the provisions
and requirements of and amendments made by the Military and
Overseas Voter Empowerment Act.''.
(2) Conforming amendments.--Section 253(b) of the Help
America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended--
(A) in paragraph (1)(A), by striking ``section
254'' and inserting ``subsection (a) of section 254
(or, in the case where a State is seeking a
requirements payment made using funds appropriated
pursuant to the authorization under section 257(4),
paragraph (14) of section 254)''; and
(B) in paragraph (2)--
(i) by striking ``(2) The State'' and
inserting ``(2)(A) Subject to subparagraph (B),
the State''; and
(ii) by inserting after subparagraph (A),
as added by clause (i), the following new
subparagraph:
``(B) The requirement under subparagraph (A) shall not
apply in the case of a requirements payment made using funds
appropriated pursuant to the authorization under section
257(4).''.
(c) Authorization.--Section 257(a) of the Help America Vote Act of
2002 (42 U.S.C. 15407(a)) is amended by adding at the end the following
new paragraph:
``(4) For fiscal year 2010 and subsequent fiscal years,
such sums as are necessary for purposes of making requirements
payments to States to carry out the activities described in
section 251(b)(3).''.
SEC. 596. TECHNOLOGY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Absent uniformed services voter.--The term ``absent
uniformed services voter'' has the meaning given such term in
section 107(a) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.).
(2) Overseas voter.--The term ``overseas voter'' has the
meaning given such term in section 107(5) of such Act.
(3) Presidential designee.--The term ``Presidential
designee'' means the individual designated under section 101(a)
of such Act.
(b) Establishment.--
(1) In general.--The Presidential designee may establish 1
or more pilot programs under which the feasibility of new
election technology is tested for the benefit of absent
uniformed services voters and overseas voters claiming rights
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(2) Design and conduct.--The design and conduct of a pilot
program established under this subsection--
(A) shall be at the discretion of the Presidential
designee; and
(B) shall not conflict with or substitute for
existing laws, regulations, or procedures with respect
to the participation of absent uniformed services
voters and military voters in elections for Federal
office.
(c) Considerations.--In conducting a pilot program established
under subsection (b), the Presidential designee may consider the
following issues:
(1) The transmission of electronic voting material across
military networks.
(2) Virtual private networks, cryptographic voting systems,
centrally controlled voting stations, and other information
security techniques.
(3) The transmission of ballot representations and scanned
pictures in a secure manner.
(4) Capturing, retaining, and comparing electronic and
physical ballot representations.
(5) Utilization of voting stations at military bases.
(6) Document delivery and upload systems.
(7) The functional effectiveness of the application or
adoption of the pilot program to operational environments,
taking into account environmental and logistical obstacles and
State procedures.
(d) Reports.--The Presidential designee shall submit to Congress
reports on the progress and outcomes of any pilot program conducted
under this subsection, together with recommendations--
(1) for the conduct of additional pilot programs under this
section; and
(2) for such legislation and administrative action as the
Presidential designee determines appropriate.
(e) Technical Assistance.--
(1) In general.--The Election Assistance Commission and the
National Institute of Standards and Technology shall work with
the Presidential designee to support the pilot program or
programs established under this section through best practices
or standards and in accordance with electronic absentee voting
guidelines established under the first sentence of section
1604(a)(2) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff
note), as amended by section 567 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1919).
(2) Report.--In the case where the Election Assistance
Commission has not established electronic absentee voting
guidelines under such section 1604(a)(2), as so amended, by not
later than 180 days after enactment of this Act, the Election
Assistance Commission shall submit to the relevant committees
of Congress a report containing the following information:
(A) The reasons such guidelines have not been
established as of such date.
(B) A detailed timeline for the establishment of
such guidelines.
(C) A detailed explanation of the Commission's
actions in establishing such guidelines since the date
of enactment of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 1919).
(3) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committees on Appropriations, Armed
Services, and Rules and Administration of the Senate;
and
(B) the Committees on Appropriations, Armed
Services, and House Administration of the House of
Representatives.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The 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. COMPTROLLER GENERAL OF THE UNITED STATES COMPARATIVE
ASSESSMENT OF MILITARY AND PRIVATE-SECTOR PAY AND
BENEFITS.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study comparing pay and benefits provided by law to
members of the Armed Forces with pay and benefits provided by the
private sector to comparably situated private-sector employees.
(b) Elements.--The study required by subsection (a) shall include,
but not be limited to, the following:
(1) An assessment of total military compensation for
officers and for enlisted personnel, including basic pay, the
basic allowance for housing (BAH), the basic allowance for
subsistence (BAS), tax benefits applicable to military pay and
allowances under Federal law (including the Social Security
laws) and State law, military retirement benefits, commissary
and exchange privileges, and military healthcare benefits.
(2) An assessment of private-sector pay and benefits for
civilians of similar age, education, and experience in like
fields of officers and enlisted personnel of the Armed Forces,
including pay, bonuses, employee options, fringe benefits,
retirement benefits, individual retirement investment benefits,
flexible spending accounts and health savings accounts, and any
other elements of private-sector compensation that the
Comptroller General considers appropriate.
(3) An identification of the percentile of comparable
private-sector compensation at which members of the Armed
Forces are paid, including an assessment of the adequacy of
percentile comparisons generally and whether the Department of
Defense goal of compensating members of the Armed Forces at the
80th percentile of comparable private-sector compensation, as
described in the 10th Quadrennial Review of Military
Compensation, is appropriate and adequate to achieve
comparability of pay between members of the Armed Forces and
private-sector employees.
(c) Report.--The Comptroller General shall submit to the
congressional defense committees a report on the study required by
subsection (a) by not later than April 1, 2010.
SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLEMENTAL
SUBSISTENCE ALLOWANCE FOR LOW-INCOME MEMBERS WITH
DEPENDENTS.
(a) Increase in Maximum Monthly Amount.--Section 402a(a) of title
37, United States Code, is amended--
(1) in paragraph (2), by striking ``$500'' and inserting
``$1,100''; and
(2) in paragraph (3)(B), by striking ``$500'' and inserting
``$1,100''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2009, and shall apply with respect to monthly
supplemental subsistence allowances for low-income members with
dependents payable on or after that date.
(c) Report on Elimination of Reliance on Supplemental Nutrition
Assistance Program To Meet Nutritional Needs of Members of the Armed
Forces and Their Dependents.--
(1) In general.--Not later than September 1, 2010, the
Secretary of Defense shall, in consultation with the Secretary
of Agriculture, submit to the congressional defense committees
a report setting forth a plan for actions to eliminate the need
for members of the Armed Forces and their dependents to rely on
the supplemental nutrition assistance program under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for their monthly
nutritional needs.
(2) Elements.--The plan required by paragraph (1) shall
address the following:
(A) An appropriate amount or amounts for the
monthly supplemental subsistence allowance for low-
income members with dependents payable under section
402a of title 37, United States Code.
(B) Such modifications, if any, to the eligibility
requirements for the monthly supplemental subsistence
allowance, including limitations on the maximum size of
the household of a member for purposes of eligibility
for the allowance, as the Secretary of Defense
considers appropriate.
(C) The advisability of requiring members of the
Armed Forces to apply for the monthly supplemental
subsistence allowance before seeking assistance under
the supplemental nutrition assistance program.
(D) Such other matters as the Secretary of Defense
considers appropriate.
SEC. 604. 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 specified in this subsection 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 Providable.--The number of
days of benefits providable to a member or former member of the Armed
Forces under this section may not exceed 40 days of benefits.
(e) Form of Payment.--The paid benefits providable under subsection
(b) may be paid in a lump sum or 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 one 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.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2009''
and inserting ``December 31, 2010''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--Section
308c(i) of such title is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(d) Ready Reserve Enlistment Bonus for Persons Without Prior
Service.--Section 308g(f)(2) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons
With Prior Service.--Section 308h(e) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
(f) Selected Reserve Enlistment Bonus for Persons With Prior
Service.--Section 308i(f) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(g) Income Replacement Payments.--Section 910(g) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2009'' and inserting ``December 31, 2010''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(c) Accession and Retention Bonuses for Psychologists.--Section
302c-1(f) of title 37, United States Code, is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(d) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
such title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(e) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2009''
and inserting ``December 31, 2010''.
(f) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(e) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(g) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(h) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(i) Accession Bonus for Medical Officers in Critically Short
Wartime Specialties.--Section 302k(f) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
(j) Accession Bonus for Dental Specialist Officers in Critically
Short Wartime Specialties.--Section 302l(g) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR
OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(f) of title 37, United States Code, is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2009'' and inserting ``December
31, 2010''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED
SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section 331(h)
of title 37, United States Code, is amended by striking ``December 31,
2009'' and inserting ``December 31, 2010''.
(b) General Bonus Authority for Officers.--Section 332(g) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(c) Special Bonus and Incentive Pay Authorities for Nuclear
Officers.--Section 333(i) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(d) Special Aviation Incentive Pay and Bonus Authorities.--Section
334(i) of such title is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(e) Special Health Professions Incentive Pay and Bonus
Authorities.--Section 335(k) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(f) Hazardous Duty Pay.--Section 351(i) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
(g) Assignment Pay or Special Duty Pay.--Section 352(g) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(h) Skill Incentive Pay or Proficiency Bonus.--Section 353(j) of
such title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(i) Retention Bonus for Members With Critical Military Skills or
Assigned to High Priority Units.--Section 355(i) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE
37 BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(b) Assignment Incentive Pay.--Section 307a(g) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(d) Enlistment Bonus.--Section 309(e) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(g) Incentive Bonus for Transfer Between Armed Forces.--Section
327(h) of such title is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(h) Accession Bonus for Officer Candidates.--Section 330(f) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
SEC. 616. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL
BONUSES.
(a) Health Professions Referral Bonus.--Section 1030(i) of title
10, United States Code, is amended by striking ``December 31, 2009''
and inserting ``December 31, 2010''.
(b) Army Referral Bonus.--Section 3252(h) of such title is amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010''.
SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES
WITH SERIOUS INJURIES OR ILLNESSES REQUIRING ASSISTANCE
IN EVERYDAY LIVING.
(a) In General.--Chapter 7 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 439. Special compensation: members of the uniformed services
with serious injuries or illnesses requiring assistance
in everyday living
``(a) Monthly Compensation.--The Secretary concerned may pay to any
member of the uniformed services described in subsection (b) monthly
special compensation in an amount determined under subsection (c).
``(b) Covered Members.--A member eligible for monthly special
compensation authorized by subsection (a) is a member who--
``(1) has been certified by a licensed physician to be in
need of assistance from another person to perform the personal
functions required in everyday living;
``(2) has a serious injury, disorder, or disease of either
a temporary or permanent nature that--
``(A) is incurred or aggravated in the line of
duty; and
``(B) compromises the member's ability to carry out
one or more activities of daily living or requires the
member to be constantly supervised to avoid physical
harm to the member or to others; and
``(3) meets such other criteria, if any, as the Secretary
of Defense (or the Secretary of Homeland Security, with respect
to the Coast Guard) prescribes for purposes of this section.
``(c) Amount.--(1) The amount of monthly special compensation
payable to a member under subsection (a) shall be determined under
criteria prescribed by the Secretary of Defense (or the Secretary of
Homeland Security, with respect to the Coast Guard), but may not exceed
the amount of aid and attendance allowance authorized by section
1114(r)(2) of title 38 for veterans in need of aid and attendance.
``(2) In determining the amount of monthly special compensation,
the Secretary concerned shall consider the following:
``(A) The extent to which home health care and related
services are being provided by the Government.
``(B) The extent to which aid and attendance services are
being provided by family and friends who may be compensated
with funds provided through the monthly special compensation.
``(d) Payment Until Medical Retirement.--Monthly special
compensation is payable under this section to a member described in
subsection (b) for any month that begins before the date on which the
member is medically retired.
``(e) Construction With Other Pay and Allowances.--Monthly special
compensation payable to a member under this section is in addition to
any other pay and allowances payable to the member by law.
``(f) Benefit Information.--The Secretary of Defense, in
collaboration with the Secretary of Veterans Affairs, shall ensure that
members of the uniformed services who may be eligible for compensation
under this section are made aware of the availability of such
compensation by including information about such compensation in
written and online materials for such members and their families.
``(g) Regulations.--The Secretary of Defense (or the Secretary of
Homeland Security, with respect to the Coast Guard) shall prescribe
regulations to carry out this section.''.
(b) Report to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense (and the
Secretary of Homeland Security, with respect to the Coast
Guard) shall submit to Congress a report on the provision of
compensation under section 439 of title 37, United States Code,
as added by subsection (a) of this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An estimate of the number of members of the
uniformed services eligible for compensation under such
section 439.
(B) The number of members of the uniformed services
receiving compensation under such section.
(C) The average amount of compensation provided to
members of the uniformed services receiving such
compensation.
(D) The average amount of time required for a
member of the uniformed services to receive such
compensation after the member becomes eligible for the
compensation.
(E) A summary of the types of injuries, disorders,
and diseases of members of the uniformed services
receiving such compensation that made such members
eligible for such compensation.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by adding at the end the following
new item:
``439. Special compensation: members of the uniformed services with
serious injuries or illnesses requiring
assistance in everyday living.''.
SEC. 618. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL PAY FOR MEMBERS OF
THE ARMED FORCES SUBJECT TO CONTINUING ACTIVE DUTY OR
SERVICE UNDER STOP-LOSS AUTHORITIES.
(a) Special Pay Authorized.--The Secretary of the military
department concerned may pay monthly special pay to any member of the
Armed Forces described in subsection (b) for any month or portion of a
month in which the member serves on active duty in the Armed Forces or
active status in a reserve component of the Armed Forces, including
time served performing pre-deployment and re-integration duty
regardless of whether or not such duty was performed by such a member
on active duty in the Armed Forces, or has the member's eligibility for
retirement from the Armed Forces suspended, as described in that
subsection.
(b) Covered Members.--A member of the Armed Forces described in
this subsection is any member of the Army, Navy, Air Force, or Marine
Corps (including a member of a reserve component thereof) who, at any
time during the period beginning on October 1, 2009, and ending on June
30, 2011, serves on active duty in the Armed Forces or active status in
a reserve component of the Armed Forces, including time served
performing pre-deployment and re-integration duty regardless of whether
or not such duty was performed by such a member on active duty in the
Armed Forces, while the member's enlistment or period of obligated
service is extended, or has the member's eligibility for retirement
suspended, pursuant to section 123 or 12305 of title 10, United States
Code, or any other provision of law (commonly referred to as a ``stop-
loss authority'') authorizing the President to extend an enlistment or
period of obligated service, or suspend eligibility for retirement, of
a member of the uniformed services in time of war or of national
emergency declared by Congress or the President.
(c) Amount.--The amount of monthly special pay payable to a member
under this section for a month may not exceed $500.
(d) Construction With Other Pays.--Monthly special pay payable to a
member under this section is in addition to any other amounts payable
to the member by law.
Subtitle C--Travel and Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED
INDIVIDUALS OF WOUNDED, ILL, OR INJURED MEMBERS OF THE
UNIFORMED SERVICES 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 ``, with respect to any such
individual, that the presence of such 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.--
(1) In general.--Paragraph (1) of subsection (b) of such
section is amended by striking ``the term'' and all that
follows and inserting ``the term `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 may
aid and support the health and welfare of the member during the
duration of the member's inpatient treatment.''.
(2) Designations not permanent.--Paragraph (2) of such
subsection is amended to read as follows:
``(2) The designation of an individual as a designated individual
for purposes of this section may be changed at any time.''.
(c) Coverage of Members Hospitalized Outside the United States Who
Were Wounded or Injured in a Combat Operation or Combat Zone.--
(1) Coverage for hospitalization outside the united
states.--Subparagraph (B) of section (a)(2) of such section is
amended--
(A) in clause (i), by striking ``in or outside the
United States''; and
(B) in clause (ii), by striking ``in the United
States''.
(2) Clarification of members covered.--Such subparagraph is
further amended--
(A) in clause (i), by inserting ``seriously
wounded,'' after ``(i) is''; and
(B) in clause (ii)--
(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) Coverage of Members With Serious Mental Disorders.--
(1) In general.--Subsection (a)(2)(B)(i) of such section,
as amended by subsection (c) of this section, is further
amended by inserting ``(including having a serious mental
disorder)'' after ``seriously injured''.
(2) Serious mental disorder defined.--Subsection (b) of
such section 411h, as amended by subsection (b) of this
section, is further amended by adding at the end the following
new paragraph:
``(4)(A) In this section, the term `serious mental disorder', in
the case of a member, means that the member has been diagnosed with a
mental disorder that requires intensive mental health treatment or
hospitalization.
``(B) The circumstances in which a member shall be considered to
have a serious mental disorder for purposes of this section shall
include, but not be limited to, the following:
``(i) The member is considered to be a potential danger to
self or others as a result of a diagnosed mental disorder that
requires intensive mental health treatment or hospitalization.
``(ii) The member is diagnosed with a mental disorder and
has psychotic symptoms that require intensive mental health
treatment or hospitalization.
``(iii) The member is diagnosed with a mental disorder and
has severe symptoms or severe impairment in functioning that
require intensive mental health treatment or
hospitalization.''.
(e) Frequency of Authorized Travel.--Paragraph (3) of subsection
(a) of such section 411h is amended to read as follows:
``(3) Not more than a total of three roundtrips may be provided
under paragraph (1) in any 60-day period at Government expense to the
individuals who, with respect to a member, are the designated
individuals of that member in effect during that period. However, if
the Secretary concerned has granted a waiver under the second sentence
of paragraph (1) with respect to a member, then for any 60-day period
in which the waiver is in effect the limitation in the preceding
sentence shall be adjusted accordingly. In addition, during any period
during which there is in effect a non-medical attendant designation for
a member under section 411h-1 of this title, not more than a total of
two roundtrips may be provided under paragraph (1) in any 60-day period
at Government expense until there no longer is a designation of a non-
medical attendant or that designation transfers to another individual,
in which case during the transfer period three roundtrip tickets may be
provided.''.
(f) Stylistic and Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking ``(a)(1)'' and inserting
``(a) Travel and Transportation Authorized.--(1)'';
(2) in subsection (b)--
(A) by striking ``(b)(1)'' and inserting ``(b)
Definitions.--(1)''; and
(B) in paragraph (3)--
(i) by inserting ``(A)'' after ``(3)''; and
(ii) by adding at the end the following new
subparagraph:
``(B) In this paragraph, the term `family member', with respect to
a member, means the following:
``(i) The member's spouse.
``(ii) Children of the member (including 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 one 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.
``(v) A person related to the member as described in clause
(i), (ii), (iii), or (iv) who is also a member of the uniformed
services.'';
(3) in subsection (c)--
(A) by striking ``(c)(1)'' and inserting ``(c)
Round Trip Transportation and Per Diem Allowance.--
(1)''; and
(B) in paragraph (1), by striking ``family member''
and inserting ``designated individual''; and
(4) in subsection (d), by striking ``(d)(1)'' and inserting
``(d) Method of Transportation Authorized.--(1)''.
(g) 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 item relating to such section
in the table of sections at the beginning of chapter 7 of such
title is amended to read as follows:
``411h. Travel and transportation allowances: transportation of
designated individuals incident to
hospitalization of members for treatment of
wounds, illness, or injury.''.
(h) Conforming Amendment to Wounded Warrior Act.--Section 1602(4)
of the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by striking
``411h(b)(1)'' and inserting ``411h(b)(3)(B)''.
(i) Applicability of Amendments.--No 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. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-MEDICAL
ATTENDANTS OF SERIOUSLY WOUNDED, ILL, OR INJURED MEMBERS
OF THE UNIFORMED SERVICES.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is mended by inserting after section 411h the following new
section:
``Sec. 411h-1. Travel and transportation allowances: transportation of
non-medical attendants for members who are seriously
wounded, ill, or injured
``(a) In General.--Under uniform regulations prescribed by the
Secretaries concerned, travel and transportation described in
subsection (d) may be provided for a qualified non-medical attendant
for a 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 jointly
determine that the presence of such an attendant may contribute to the
member's health and welfare.
``(b) Qualified Non-medical Attendant.--For purposes of this
section, a qualified non-medical attendant with respect to a member
described in subsection (c) is an individual who--
``(1) the member designates for purposes of this section to
be a non-medical attendant for the member; or
``(2) the attending physician or surgeon and the commander
or head of the military medical facility exercising control
over the member jointly determine is an appropriate non-medical
attendant for the member whose presence may contribute to the
member's health and welfare.
``(c) Covered Members.--A member of the uniformed services
described in this subsection is a member who--
``(1) is serving on active duty, is entitled to pay and
allowances under section 204(g) of this title (or would be so
entitled if not for offsetting earned income described in that
subsection), or is retired for the wound, illness, or injury
for which the member is categorized as described in paragraph
(2);
``(2) has been determined by the attending physician or
surgeon to be in the category known as `very seriously wounded,
ill, or injured' or in the category known as `seriously
wounded, ill, and injured'; and
``(3) either--
``(A) is hospitalized for treatment of the wound,
illness, or injury for which the member is so
categorized; or
``(B) requires continuing outpatient treatment for
such wound, illness, or injury.
``(d) Travel and Transportation.--(1)(A) 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, including
transportation, while accompanying the member, to any other location to
which the member is subsequently transferred for further treatment.
``(B) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement, or a combination thereof, for the actual and necessary
expenses of travel as described in subparagraph (A), but at rates not
to exceed the rates for travel established under section 404(d) of this
title.
``(2) The transportation authorized by subsection (a) includes
transportation, while accompanying the member, necessary to obtain
treatment for the member at the location to which the member is
permanently assigned.
``(3) The transportation authorized by subsection (a) may be
provided by any means as follows:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind.
``(C) Reimbursement for the cost of commercial
transportation.
``(4) An allowance payable under this subsection may be paid in
advance.
``(5) Reimbursement payable under this subsection for air travel
may not exceed the cost of Government-procured commercial round-trip
air travel.
``(e) Coordination With Transportation and Allowances for
Designated Individuals.--An individual may not receive travel and
transportation allowances under section 411h of this title and this
section simultaneously.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item related to section 411h the following new item:
``411h-1. Travel and transportation allowances: transportation of non-
medical attendants for members who are
seriously wounded, ill, or injured.''.
(b) Applicability.--No reimbursement may be provided under section
411h-1 of title 37, United States Code (as added by subsection (a)),
for any costs of travel or transportation incurred before the date of
the enactment of this Act.
SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE
RESERVE COMPONENTS OF THE ARMED FORCES ON LEAVE FOR
SUSPENSION OF TRAINING.
(a) Allowances Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411j the following new
section:
``Sec. 411k. Travel and transportation allowances: travel performed by
certain members of the reserve components of the armed
forces in connection with leave for suspension of
training
``(a) Allowance Authorized.--The Secretary concerned may reimburse
or provide transportation to a member of a reserve component of the
armed forces on active duty for a period of more than 30 days who is
performing duty at a temporary duty station for travel between the
member's temporary duty station and the member's permanent duty station
in connection with authorized leave pursuant to a suspension of
training.
``(b) Minimum Distance Between Stations.--A member may be paid for
or provided transportation under subsection (a) only as follows:
``(1) In the case of a member who travels between a
temporary duty station and permanent duty station by air
transportation, if the distance between such stations is not
less than 300 miles.
``(2) In the case of a member who travels between a
temporary duty station and permanent duty station by ground
transportation, if the distance between such stations is more
than the normal commuting distance from the permanent duty
station (as determined under the regulations prescribed under
subsection (e)).
``(c) Minimum Period of Suspension of Training.--A member may be
paid for or provided transportation under subsection (a) only in
connection with a suspension of training covered by that subsection
that is five days or more in duration.
``(d) Limitation on Reimbursement.--The amount a member may be paid
under subsection (a) for travel may not exceed the amount that would be
paid by the government (as determined under the regulations prescribed
under subsection (e)) for the least expensive means of travel between
the duty stations concerned.
``(e) Regulations.--The Secretary concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department shall be subject to the approval of
the Secretary of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 411j the following new item:
``411k. Travel and transportation allowances: travel performed by
certain members of the reserve components
of the armed forces in connection with
leave for suspension of training.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to travel that occurs on or after that date.
SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEMBERS OF THE ARMED
FORCES ON ACTIVE DUTY AND THEIR DEPENDENTS FOR TRAVEL FOR
SPECIALTY CARE UNDER EXCEPTIONAL CIRCUMSTANCES.
(a) Reimbursement Authorized.--Section 1074i of title 10, United
States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Reimbursement for Travel Under Exceptional Circumstances.--
The Secretary of Defense may provide reimbursement for reasonable
travel expenses of travel of members of the armed forces on active duty
and their dependents, and accompaniment, to a specialty care provider
not otherwise authorized by subsection (a) under such exceptional
circumstances as the Secretary considers appropriate for purposes of
this section.''.
(b) Technical Amendment.--Subsection (a) of such section is amended
by inserting ``of Defense'' after ``the Secretary''.
SEC. 635. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED MEMBERS
OF THE UNIFORMED SERVICES TO ATTEND MEMORIAL CEREMONIES.
(a) Allowances Authorized.--Subsection (a) of section 411f of title
37, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary concerned may provide round trip travel and
transportation allowances to eligible relatives of a member of the
uniformed services who dies while on active duty in order that the
eligible relatives may attend a memorial service for the deceased
member that occurs at a location other than the location of the burial
ceremony for which travel and transportation allowances are provided
under paragraph (1). Travel and transportation allowances may be
provided under this paragraph for travel of eligible relatives to only
one memorial service for the deceased member concerned.''.
(b) Conforming Amendments.--Subsection (c) of such section is
amended--
(1) by striking ``subsection (a)(1)'' the first place it
appears and inserting ``paragraphs (1) and (2) of subsection
(a)''; and
(2) by striking ``subsection (a)(1)'' the second place it
appears and inserting ``paragraph (1) or (2) of subsection
(a)''.
Subtitle D--Other Matters
SEC. 651. AUTHORITY TO CONTINUE PROVISION OF INCENTIVES AFTER
TERMINATION OF TEMPORARY ARMY AUTHORITY TO PROVIDE
ADDITIONAL RECRUITMENT INCENTIVES.
Subsection (i) of section 681 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3321) is
amended to read as follows:
``(i) Termination of Authority.--
``(1) In general.--The Secretary may not develop an
incentive under this section, or first provide an incentive
developed under this section to an individual, after December
31, 2009.
``(2) Continuation of incentives.--Nothing in paragraph (1)
shall be construed to prohibit or limit the continuing
provision to an individual after the date specified in that
paragraph of an incentive first provided the individual under
this section before that date.''.
SEC. 652. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES
BY DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e);
(ii) by striking subsection (k); and
(iii) by striking subsection (m).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d) of such title is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraph (2)(B), the Secretary concerned'' and inserting ``The
Secretary concerned''; and
(2) in paragraph (2)--
(A) by striking ``Dependent children.--'' and all
that follows through ``In the case of a member
described in paragraph (1),'' and inserting ``Dependent
children annuity when no eligible surviving spouse.--In
the case of a member described in paragraph (1),''; and
(B) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--The sections and the amendments made by this
section shall take effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
SEC. 653. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE ARMED
FORCES.
(a) Findings.--Congress makes the following findings:
(1) The Armed Forces is comprised of over 1,450,000 active-
duty members from every State and territory of the United
States who are assigned to thousands of installations,
stations, and ships worldwide and who oftentimes must travel
long distances by air at their own expense to enjoy the
benefits of leave and liberty.
(2) The United States is indebted to the members of the all
volunteer Armed Forces and their families who protect our
Nation, often experiencing long separations due to the demands
of military service and in life threatening circumstances.
(3) Military service often precludes long range planning
for leave and liberty to provide opportunities for reunions and
recreation with loved ones and requires changes in planning due
to military necessity which results in last minute changes in
planning.
(b) Sense of Congress.--It is the sense of Congress that--
(1) all United States commercial carriers should seek to
lend their support with flexible, generous policies applicable
to members of the Armed Forces who are traveling on leave or
liberty at their own expense; and
(2) each United States air carrier, for all members of the
Armed Forces who have been granted leave or liberty and who are
traveling by air at their own expense, should--
(A) seek to provide reduced air fares that are
comparable to the lowest airfare for ticketed flights
and that eliminate to the maximum extent possible
advance purchase requirements;
(B) seek to eliminate change fees or charges and
any penalties for military personnel;
(C) seek to eliminate or reduce baggage and excess
weight fees;
(D) offer flexible terms that allow members of the
Armed Forces on active duty to purchase, modify, or
cancel tickets without time restrictions, and to waive
fees (including baggage fees), ancillary costs, or
penalties; and
(E) seek to take proactive measures to ensure that
all airline employees, particularly those who issue
tickets and respond to members of the Armed Forces and
their family members are trained in the policies of the
airline aimed at benefitting members of the Armed
Forces who are on leave.
SEC. 654. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT MEMBERS
DURING PHYSICAL DISABILITY EVALUATION FOLLOWING
MOBILIZATION AND DEPLOYMENT.
Section 1218 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary of a military department shall ensure that
each member of a reserve component under the jurisdiction of the
Secretary who is determined, after a mobilization and deployment to an
area in which imminent danger pay is authorized under section 310 of
title 37, to require evaluation for a physical or mental disability
which could result in separation or retirement for disability under
this chapter or placement on the temporary disability retired list or
inactive status list under this chapter is retained on active duty
during the disability evaluation process until such time as such member
is--
``(A) cleared by appropriate authorities for continuation
on active duty; or
``(B) separated, retired, or placed on the temporary
disability retired list or inactive status list.
``(2)(A) A member described in paragraph (1) may request
termination of active duty under such paragraph at any time during the
demobilization or disability evaluation process of such member.
``(B) Upon a request under subparagraph (A), a member described in
paragraph (1) shall only be released from active duty after the member
receives counseling about the consequences of termination of active
duty.
``(C) Each release from active duty under subparagraph (B) shall be
thoroughly documented.
``(3) The requirements in paragraph (1) shall expire on the date
that is five years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2010.''.
SEC. 655. USE OF LOCAL RESIDENCES FOR COMMUNITY-BASED CARE FOR CERTAIN
RESERVE COMPONENT MEMBERS.
Section 1222 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Use of Local Residences for Certain Reserve Component
Members.--(1)(A) A member of a reserve component described by
subparagraph (B) may be assigned to the community-based warrior
transition unit located nearest to the member's permanent place of
residence if residing at that location is--
``(i) medically feasible, as determined by a licensed
military health care provider; and
``(ii) consistent with--
``(I) the needs of the armed forces; and
``(II) the optimal course of medical treatment of
the member.
``(B) A member of a reserve component described by this
subparagraph is any member remaining on active duty under section
1218(d) of this title during the period the member is on active duty
under such subsection.
``(2) Nothing in this subsection shall be construed as terminating,
altering, or otherwise affecting the authority of the commander of a
member described in paragraph (1)(B) to order the member to perform
duties consistent with the member's fitness for duty.
``(3) The Secretary concerned shall pay any reasonable expenses of
transportation, lodging, and meals incurred by a member residing at the
member's permanent place of residence under this subsection in
connection with travel from the member's permanent place of residence
to a medical facility during the period in which the member is covered
by this subsection.''.
SEC. 656. ASSISTANCE WITH TRANSITIONAL BENEFITS.
(a) In General.--Chapter 61 of title 10, United States Code, is
amended by inserting after section 1218 the following new section:
``Sec. 1218a. Discharge or release from active duty: transition
assistance
``The Secretary of a military department shall provide to a member
of a reserve component under the jurisdiction of the Secretary who is
injured while on active duty in the armed forces the following before
such member is demobilized or separated from the armed forces:
``(1) Information on the availability of care and
administrative processing through community based warrior
transition units.
``(2) The location of the community based warrior
transition unit located nearest to the member's permanent place
of residence.
``(3) An opportunity to consult with a member of the
applicable judge advocate general's corps, or other qualified
legal assistance attorney, regarding the member's eligibility
for compensation, disability, or other transitional
benefits.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 61 of such title is amended by inserting after the item
relating to section 1218 the following new item:
``1218a. Discharge or release from active duty: transition
assistance.''.
SEC. 657. REPORT ON RECRUITMENT AND RETENTION OF MEMBERS OF THE AIR
FORCE IN NUCLEAR CAREER FIELDS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on the efforts of the Air
Force to attract and retain qualified individuals for service as
members of the Air Force involved in the operation, maintenance,
handling, and security of nuclear weapons.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of current reenlistment rates, set forth
by Air Force Specialty Code, of members of the Air Force
serving in positions involving the operation, maintenance,
handling, and security of nuclear weapons.
(2) A description of the current personnel fill rate for
Air Force units involved in the operation, maintenance,
handling, and security of nuclear weapons.
(3) An description of the steps the Air Force has taken,
including the use of retention bonuses or assignment incentive
pay, to improve recruiting and retention of officers and
enlisted personnel by the Air Force for the positions described
in paragraph (1).
(4) An assessment of the feasibility, advisability,
utility, and cost effectiveness of establishing additional
bonuses or incentive pay as a way to enhance the recruitment
and retention by the Air Force of skilled personnel in the
positions described in paragraph (1).
(5) An assessment of whether assignment incentive pay
should be provided for members of the Air Force covered by the
Personnel Reliability Program.
(6) An assessment of the long-term community management
plan for recruitment and retention by the Air Force of skilled
personnel in the positions described in paragraph (1).
(7) Such other matters as the Secretary considers
appropriate.
SEC. 658. SENSE OF CONGRESS ON ESTABLISHMENT OF FLEXIBLE SPENDING
ARRANGEMENTS FOR THE UNIFORMED SERVICES.
(a) In General.--It is the sense of Congress that, the Secretary of
Defense, with respect to members of the Army, Navy, Marine Corps, and
Air Force, the Secretary of Homeland Security, with respect to members
of the Coast Guard, the Secretary of Health and Human Services, with
respect to commissioned officers of the Public Health Service, and the
Secretary of Commerce, with respect to commissioned officers of the
National Oceanic and Atmospheric Administration, should establish
procedures to implement flexible spending arrangements with respect to
basic pay and compensation, for health care and dependent care on a
pre-tax basis in accordance with regulations prescribed under sections
106(c) and 125 of the Internal Revenue Code of 1986.
(b) Considerations.--It is the sense of Congress that, in
establishing the procedures described by subsection (a), the Secretary
of Defense, the Secretary of Homeland Security, the Secretary of Health
and Human Services, and the Secretary of Commerce should consider life
events of members of the uniformed services that are unique to them as
members of the uniformed services, including changes relating to
permanent changes of duty station and deployments to overseas
contingency operations.
SEC. 659. TREATMENT AS ACTIVE SERVICE FOR RETIRED PAY PURPOSES OF
SERVICE AS MEMBER OF ALASKA TERRITORIAL GUARD DURING
WORLD WAR II.
(a) In General.--Service as a member of the Alaska Territorial
Guard during World War II of any individual who was honorably
discharged therefrom under section 8147 of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 705) shall be
treated as active service for purposes of the computation under chapter
61, 71, 371, 571, 871, or 1223 of title 10, United States Code, as
applicable, of the retired pay to which such individual may be entitled
under title 10, United States Code.
(b) Applicability.--Subsection (a) shall apply with respect to
amounts of retired pay payable under title 10, United States Code, for
months beginning on or after the date of the enactment of this Act. No
retired pay shall be paid to any individual by reason of subsection (a)
for any period before that date.
(c) World War II Defined.--In this section, the term ``World War
II'' has the meaning given that term in section 101(8) of title 38,
United States Code.
SEC. 660. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 2001, IN
DETERMINATION OF REDUCED ELIGIBILITY AGE FOR RECEIPT OF
NON-REGULAR SERVICE RETIRED PAY.
Section 12731(f)(2)(A) of title 10, United States Code, is
amended--
(1) by striking ``the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008'' and inserting
``September 11, 2001''; and
(2) by striking ``in any fiscal year after such date'' and
inserting ``in any fiscal year after fiscal year 2001''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
SEC. 701. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED
RESERVE, AND FAMILY MEMBERS, WHO ARE QUALIFIED FOR A NON-
REGULAR RETIREMENT BUT ARE NOT YET AGE 60.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076d the following new section:
``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, but is not age 60, is eligible for health benefits under
TRICARE Standard as provided in this section.
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.
``(b) Termination of Eligibility Upon Obtaining Other TRICARE
Coverage.--Eligibility for TRICARE Standard coverage of a member under
this section shall terminate upon the member becoming eligible for
TRICARE coverage at age 60 under section 1086 of this title.
``(c) Family Members.--While a member of a reserve component is
covered by TRICARE Standard under the 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)(A) The monthly amount of the premium in effect for a month
for TRICARE Standard coverage under this section shall be the amount
equal to the cost of coverage that the Secretary determines on an
appropriate actuarial basis.
``(B) The appropriate actuarial basis for purposes of subparagraph
(A) shall be determined in the manner specified in section
1076d(d)(3)(B) of this title with respect to the cost of coverage
applicable under subparagraph (A).
``(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
chapter 55 of such title 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. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS UNDER THE TRICARE
DENTAL PROGRAM.
Section 1076a(k)(3) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, except that,
in the case of a dependent described by subparagraph (D) or (I) of
section 1072(2) of this title, the period of continuing eligibility
shall be the longer of the following periods beginning on such date:
``(A) Three years.
``(B) The period ending on the date on which the dependent
attains 21 years of age.
``(C) In the case of a dependent who, at 21 years of age,
is enrolled in a full-time course of study at an institution of
higher learning approved by the administering Secretary and is,
or was, at the time of the member's death, in fact dependent on
the member for over one-half of the dependent's support, the
period ending on the earlier of the following dates:
``(i) The date on which the dependent ceases to
pursue such a course of study, as determined by the
administering Secretary.
``(ii) The date on which the dependent attains 23
years of age''.
SEC. 703. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF CERTAIN
PERSONS OTHERWISE INELIGIBLE UNDER RETROACTIVE
DETERMINATION OF ENTITLEMENT TO MEDICARE PART A HOSPITAL
INSURANCE BENEFITS.
Section 1086(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4)(A) If a person referred to in subsection (c) and described by
paragraph (2)(B) is subject to a retroactive determination by the
Social Security Administration of entitlement to hospital insurance
benefits described in paragraph (1), the person shall, during the
period described in subparagraph (B), be deemed for purposes of health
benefits under this section--
``(i) not to have been covered by paragraph (1); and
``(ii) not to have been subject to the requirements of
section 1079(j)(1) of this title, whether through the operation
of such section or subsection (g) of this section.
``(B) The period described in this subparagraph with respect to a
person covered by subparagraph (A) is the period that--
``(i) begins on the date that eligibility of the person for
hospital insurance benefits referred to in paragraph (1) is
effective under the retroactive determination of eligibility
with respect to the person as described in subparagraph (A);
and
``(ii) ends on the date of the issuance of such retroactive
determination of eligibility by the Social Security
Administration.''.
SEC. 704. REFORM AND IMPROVEMENT OF THE TRICARE PROGRAM.
(a) In General.--Commencing not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall, in
consultation with the other administering Secretaries, undertake
actions to reform and improve the TRICARE program.
(b) Elements.--In undertaking actions to reform and improve the
TRICARE program under subsection (a), the Secretary shall consider
actions as follows:
(1) Actions to guarantee the availability of care without
delay for eligible beneficiaries.
(2) Actions to expand and enhance sharing of health care
resources among Federal health care programs, including
designated providers (as that term is defined in section 721(5)
of the National Defense Authorization Act for Fiscal Year 1997
(10 U.S.C. 1073 note)).
(3) Actions utilizing medical technology to speed and
simplify referrals for specialty care.
(4) Actions, including a comprehensive plan, for the
enhanced availability of prevention and wellness care.
(5) Actions to expand and enhance options for mental health
care.
(6) Actions utilizing technology to improve direct
communication with beneficiaries regarding health and
preventive care.
(7) Actions regarding additional financing options for
health care provided by civilian providers.
(8) Actions to improve regional or national staffing
capabilities in order to enhance support provided to military
medical treatment facilities facing staff shortages.
(9) Actions to reduce administrative costs.
(10) Actions to control the cost of health care and
pharmaceuticals.
(11) Actions to ensure consistency throughout the TRICARE
program, including actions to hold commanders of military
medical treatment facilities and civilian providers accountable
for compliance with access standards.
(12) Actions to create performance metrics by which to
measure improvement in the TRICARE program.
(13) Such other actions as the Secretary, in consultation
with the other administering Secretaries, considers
appropriate.
(c) Consultation.--In considering actions to be undertaken under
this section, and in undertaking such actions, the Secretary shall
consult with a broad range of national health care and military
advocacy organizations.
(d) Reports.--
(1) In general.--The Secretary shall, on a periodic basis,
submit to the congressional defense committees a report on the
progress being made in the reform and improvement of the
TRICARE program under this section.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description and assessment of the progress
made as of the date of such report in the reform and
improvement of the TRICARE program.
(B) Such recommendations for administrative or
legislative action as the Secretary considers
appropriate to expedite and enhance the reform and
improvement of the TRICARE program.
(e) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
IMPLEMENTATION OF REQUIREMENTS ON THE RELATIONSHIP
BETWEEN THE TRICARE PROGRAM AND EMPLOYER-SPONSORED GROUP
HEALTH PLANS.
(a) Report Required.--Not later than March 31, 2010, the
Comptroller General of the United States shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the implementation of the requirements of section 1097c of
title 10, United States Code, relating to the relationship between the
TRICARE program and employer-sponsored group health plans.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the extent to which the Department of
Defense has established measures to assess the effectiveness of
section 1097c of title 10, United States Code, in reducing
health care costs to the Department for military retirees and
their families, and an assessment of the effectiveness of any
measures so established.
(2) An assessment of the extent to which the implementation
of such section 1097c has resulted in the migration of military
retirees from coverage under the TRICARE Standard option of the
TRICARE program to coverage under the TRICARE Prime option of
the TRICARE program.
(3) A description of the exceptions adopted under
subsection (a)(2) of such section 1097c to the requirements
under such section 1097c, and an assessment of the effect of
the exercise of any exceptions adopted on the administration of
such section 1097c.
(4) An assessment of the extent to which the Department
collects and assembles data on the treatment of employees
eligible for participation in the TRICARE program in comparison
with similar employees who are not eligible for participation
in that program.
(5) A description of the outreach conducted by the
Department to inform individuals eligible for participation in
the TRICARE program and employers of their respective rights
and responsibilities under such section 1097c, and an
assessment of the effectiveness of any outreach so conducted.
(6) Such other matters with respect to the administration
and effectiveness of the authorities in such section 1097c as
the Comptroller General considers appropriate.
SEC. 706. SENSE OF THE SENATE ON HEALTH CARE BENEFITS AND COSTS FOR
MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.
(a) Findings.--The Senate makes the following findings:
(1) Career members of the Armed Forces and their families
endure unique and extraordinary demands, and make extraordinary
sacrifices, over the course of 20-year to 30-year careers in
protecting freedom for all Americans.
(2) The nature and extent of these demands and sacrifices
are never so evident as in wartime, not only during the current
combat operations, but also during the wars of the last 60
years when current retired members of the Armed Forces were on
continuous call to go in harm's way when and as needed.
(3) A primary benefit of enduring the extraordinary
sacrifices inherent in a military career is a range of
retirement benefits, including lifetime health benefits, that a
grateful Nation provides for those who choose to subordinate
their personal life to the national interest for so many years.
(4) Currently serving and retired members of the uniformed
services and their families and survivors deserve benefits
equal to their commitment and service to our Nation.
(5) Many employers are curtailing health benefits and
shifting costs to their employees, which may result in retired
members of the Armed Forces returning to the Department of
Defense, and its TRICARE program, for health care benefits
during retirement, and contribute to health care cost growth.
(6) Defense health costs also expand as a result of
service-unique military readiness requirements, wartime
requirements, and other necessary requirements that represent
the ``cost of business'' for the Department of Defense.
(7) While the Department of Defense has made some efforts
to contain increases in the cost of the TRICARE program, too
many of those efforts have been devoted to shifting a larger
share of the costs of benefits under that program to retired
members of the Armed Forces who have earned health care
benefits in return for a career of military service.
(8) In some cases health care providers refuse to accept
TRICARE patients because that program pays less than other
public and private payors and imposes unique administrative
requirements.
(9) The Department of Defense records deposits to the
Department of Defense Military Retiree Health Care Fund as
discretionary costs to the Department in spite of legislation
enacted in 2006 that requires such deposits to be made directly
from the Treasury of the United States.
(10) As a result, annual payments for the future costs of
servicemember health care continue to compete with other
readiness needs of the Armed Forces.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Department of Defense and the Nation have an
obligation to provide health care benefits to retired members
of the Armed Forces that equals the quality of their selfless
service to our country;
(2) past proposals by the Department of Defense to impose
substantial fee increases on military beneficiaries have failed
to acknowledge properly the findings addressed in subsection
(a); and
(3) the Department of Defense has many additional options
to constrain the growth of health care spending in ways that do
not disadvantage retired members of the Armed Forces who
participate or seek to participate in the TRICARE program, and
should pursue any and all such options rather than seeking
large increases for enrollment fees, deductibles, and
copayments for such retirees, and their families or survivors,
who do participate in that program.
SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS FOR
ENROLLMENT UNDER MEDICARE PART B.
Chapter 55 of title 10, United States Code, is amended by adding at
the end the following new section:
``SEC. 1111. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS FOR
ENROLLMENT UNDER MEDICARE PART B.
``(a) In General.--The Secretary of Defense shall establish
procedures for identifying individuals described in subsection (b). The
Secretary of Defense shall immediately notify individuals identified
under the preceding sentence that they are no longer eligible for
health care benefits under the TRICARE program under chapter 55 of
title 10, United States Code, and of any options available for
enrollment of the individual under part B of title XVIII of the Social
Security Act (42 U.S.C. 1395j et seq.). The Secretary of Defense shall
consult with the Secretary of Health and Human Services to accurately
identify and notify individuals described in subsection (b) under this
subsection.
``(b) Individuals Described.--An individual described in this
subsection is an individual who is a covered beneficiary (as defined in
section 1072(5) of title 10, United States Code) at the time the
individual is entitled to part A of title XVIII of the Social Security
Act under section 226(b) or section 226A of such Act (42 U.S.C. 426(b)
and 426-1) and who is eligible to enroll but who has elected not to
enroll (or to be deemed enrolled) during the individual's initial
enrollment period under part B of such title.''.
Subtitle B--Other Health Care Benefits
SEC. 711. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION.
(a) Mental Health Assessments.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance for the provision of a person-to-person mental health
assessment for each member of the Armed Forces who is deployed
in connection with a contingency operation as follows:
(A) At a time during the period beginning 60 days
before the date of deployment in connection with the
contingency operation.
(B) At a time during the period beginning 90 days
after the date of redeployment from the contingency
operation and ending 180 days after the date of
redeployment from the contingency operation.
(C) Subject to subsection (d), not later than each
of 6 months, 12 months, and 24 months after return from
deployment.
(2) Exclusion of certain members.--A mental health
assessment is not required for a member of the Armed Forces
under subparagraphs (B) and (C) of paragraph (1) if the
Secretary determines that the member was not subjected or
exposed to operational risk factors during deployment in the
contingency operation concerned.
(b) Purpose.--The purpose of the mental health assessments provided
pursuant to this section shall be to identify Post Traumatic Stress
Disorder (PTSD), suicidal tendencies, and other behavioral health
issues identified among members of the Armed Forces described in
subsection (a) in order to determine which such members are in need of
additional care and treatment for such health issues.
(c) Elements.--
(1) In general.--The mental health assessments provided
pursuant to this section shall--
(A) be performed by personnel trained and certified
to perform such assessments and may be performed by
licensed mental health professionals if such
professionals are available and the use of such
professionals for the assessments would not impair the
capacity of such professionals to perform higher
priority tasks;
(B) include a person-to-person dialogue between
members of the Armed Forces described in subsection (a)
and the professionals or personnel described by
paragraph (1), as applicable, on such matters as the
Secretary shall specify in order that the assessments
achieve the purpose specified in subsection (b) for
such assessments;
(C) be conducted in a private setting to foster
trust and openness in discussing sensitive health
concerns; and
(D) be provided in a consistent manner across the
military departments.
(2) Treatment of current assessments.--The Secretary may
treat periodic health assessments and other person-to-person
assessments that are provided to members of the Armed Forces as
of the date of the enactment of this Act as meeting the
requirements for mental health assessments required under this
section if the Secretary determines that such assessments and
person-to-person assessments meet the requirements for mental
health assessments established by this section.
(d) Cessation of Assessments.--No mental health assessment is
required to be provided to an individual under subsection (a)(1)(C)
after the individual's discharge or release from the Armed Forces.
(e) Sharing of Information.--
(1) In general.--The Secretary of Defense shall share with
the Secretary of Veterans Affairs such information on members
of the Armed Forces that is derived from confidential mental
health assessments, including mental health assessments
provided pursuant to this section and health assessments and
other person-to-person assessments provided before the date of
the enactment of this Act, as the Secretary of Defense and the
Secretary of Veterans Affairs jointly consider appropriate to
ensure continuity of mental health care and treatment of
members of the Armed Forces during their transition from health
care and treatment provided by the Department of Defense to
health care and treatment provided by the Department of
Veterans Affairs.
(2) Protocols.--Any sharing of information under paragraph
(1) shall occur pursuant to a protocol jointly established by
the Secretary of Defense and the Secretary of Veterans Affairs
for purposes of this subsection. Any such protocol shall be
consistent with the following:
(A) Applicable provisions of the Wounded Warrior
Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note), including in particular, section 1614 of that
Act (122 Stat. 443; 10 U.S.C. 1071 note).
(B) Section 1720F of title 38, United States Code.
(f) Contingency Operation Defined.--In this section, the term
``contingency operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
(g) Reports.--
(1) Report on guidance.--Upon the issuance of the guidance
required by subsection (a), the Secretary of Defense shall
submit to Congress a report describing the guidance.
(2) Reports on implementation of guidance.--
(A) Initial report.--Not later than 270 days after
the date of the issuance of the guidance, the Secretary
shall submit to Congress an initial report on the
implementation of the guidance by the military
departments.
(B) Subsequent report.--Not later than two years
after the date of the issuance of the guidance, the
Secretary shall submit to Congress a report on the
implementation of the guidance by the military
departments. The report shall include an evidence based
assessment of the effectiveness of the mental health
assessments provided pursuant to the guidance in
achieving the purpose specified in subsection (b) for
such assessments.
SEC. 712. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEMBERS OF THE
RESERVE COMPONENTS ON ACTIVE DUTY FOR MORE THAN 30 DAYS
IN SUPPORT OF A CONTINGENCY OPERATION.
Section 1145(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (3)'' and inserting ``paragraph
(4)''; and
(B) in subparagraph (A), by inserting ``except as
provided in paragraph (3),'' before ``medical and
dental care'';
(2) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively;
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of a member described in paragraph (2)(B), the
dental care to which the member is entitled under this subsection shall
be the dental care to which a member of the uniformed services on
active duty for more than 30 days is entitled under section 1074 of
this title.''; and
(4) in subparagraph (A) of paragraph (6), as redesignated
by paragraph (2) of this section, by striking ``paragraph (4)''
and inserting ``paragraph (5)''.
SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL FOR REIMBURSEMENT OF
COVERED BENEFICIARIES OF THE MILITARY HEALTH CARE SYSTEM
FOR TRAVEL FOR SPECIALTY HEALTH CARE.
(a) Reduction.--Section 1074i(a) of title 10, United States Code,
is amended by striking ``100 miles'' and inserting ``50 miles''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act, and shall apply with respect to referrals for specialty
health care made on or after such effective date.
(c) Offset.--The amount authorized to be appropriated by section
301(a)(5) for operation and maintenance for Defense-wide activities is
hereby decreased by $14,000,000, with the amount of the decrease to be
derived from unobligated balances.
SEC. 714. REPORT ON POST-DEPLOYMENT HEALTH ASSESSMENTS OF GUARD AND
RESERVE MEMBERS.
(a) Report Required.--Not later than March 1, 2010, the Secretary
of Defense shall submit to the congressional defense committees a
report on post-deployment health assessments of Guard and Reserve
members.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the feasibility of administering a
Post-Deployment Health Assessment (PDHA) to each member of a
reserve component of the Armed Forces returning to the member's
home station from deployment in connection with a contingency
operation at such home station or in the county of residence of
the member within the following timeframes:
(A) In the case of a member of the Individual Ready
Reserve, an assessment administered by not later than
the member's release from active duty following such
deployment or 10 days after the member's return to such
station or county, whichever occurs earlier.
(B) In the case of any other member of a reserve
component of the Armed Forces returning from
deployment, by not later than the member's release from
active duty following such deployment.
(2) An assessment of the feasibility of requiring that
Post-Deployment Health Assessments described under paragraph
(1) be performed by a practitioner trained and certified as
qualified to participate in the performance of Post-Deployment
Health Assessments or Post-Deployment Health Reassessments.
(3) A description of--
(A) the availability of personnel described under
paragraph (2) to perform assessments described under
this subsection at the home stations or counties of
residence of members of the reserve components of the
Armed Forces; and
(B) if such personnel are not available at such
locations, the additional resources necessary to ensure
such availability within one year after the date of the
enactment of this Act.
Subtitle C--Health Care Administration
SEC. 721. COMPREHENSIVE POLICY ON PAIN MANAGEMENT BY THE MILITARY
HEALTH CARE SYSTEM.
(a) Comprehensive Policy Required.--Not later than October 1, 2010,
the Secretary of Defense shall develop and implement a comprehensive
policy on pain management by the military health care system.
(b) Scope of Policy.--The policy required by subsection (a) shall
cover each of the following:
(1) The management of acute and chronic pain.
(2) The standard of care for pain management to be used
throughout the Department.
(3) The consistent application of pain assessments
throughout the Department.
(4) The assurance of prompt and appropriate pain care
treatment and management by the Department when medically
necessary.
(5) Programs of research related to acute and chronic pain,
including pain attributable to central and peripheral nervous
system damage characteristic of injuries incurred in modern
warfare, brain injuries, and chronic migraine headache.
(6) Programs of pain care education and training for health
care personnel of the Department.
(7) Programs of patient education for members suffering
from acute or chronic pain and their families.
(c) Updates.--The Secretary shall revise the policy required by
subsection (a) on a periodic basis in accordance with experience and
evolving best practice guidelines.
(d) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the commencement of the implementation of the policy required
by subsection (a), and on October 1 each year thereafter
through 2018, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
policy.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A description of the policy implemented under
subsection (a), and any revisions to such policy under
subsection (c).
(B) A description of the performance measures used
to determine the effectiveness of the policy in
improving pain care for beneficiaries enrolled in the
military health care system.
(C) An assessment of the adequacy of Department
pain management services based on a current survey of
patients managed in Department clinics.
(D) An assessment of the research projects of the
Department relevant to the treatment of the types of
acute and chronic pain suffered by members of the Armed
Forces and their families.
(E) An assessment of the training provided to
Department health care personnel with respect to the
diagnosis, treatment, and management of acute and
chronic pain.
(F) An assessment of the pain care education
programs of the Department.
(G) An assessment of the dissemination of
information on pain management to beneficiaries
enrolled in the military health care system.
SEC. 722. PLAN TO INCREASE THE BEHAVIORAL HEALTH CAPABILITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop and
implement a plan to significantly increase the number of
military and civilian behavioral health personnel of the
Department of Defense by September 30, 2013.
(2) Elements.--The plan required by paragraph (1) may
include the following:
(A) The allocation of scholarships and financial
assistance under the Health Professions Scholarship and
Financial Assistance Program under subchapter I of
chapter 105 of title 10, United States Code, to
students pursuing advanced degrees in clinical
psychology and other behavioral health professions.
(B) The offering of accession and retention bonuses
for psychologists as authorized by section 620 of the
Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4489).
(C) An expansion of the capacity for training
doctoral-level clinical psychologists at the Uniformed
Services University of the Health Sciences.
(D) An expansion of the capacity of the Department
of Defense for training masters-level clinical
psychologists and social workers with expertise in
deployment-related mental health disorders, such as
post traumatic stress disorder.
(E) The detail of commissioned officers of the
Armed Forces to accredited schools of psychology for
training leading to a doctoral degree in clinical
psychology or social work.
(F) The reassignment of military behavioral health
providers from administrative positions to clinical
positions in support of military units.
(G) The offering of civilian hiring incentives and
bonuses and the utilization of direct hiring authority
to increase the number of behavioral health personnel
of the Department of Defense.
(H) Such other mechanisms to increase the number of
behavioral health personnel of the Department of
Defense as the Secretary considers appropriate.
(3) Report.--Not later than January 31, 2010, the Secretary
shall submit to the congressional defense committees a report
on the plan required by paragraph (1). The report shall include
a comprehensive description of the plan and the actions the
Secretary proposes to undertake in the implementation of the
plan.
(b) Report on Additional Officer or Enlisted Military Specialties
for Behavioral Health Counselors.--
(1) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
assessment of the Secretary of the feasability and advisability
of establishing one or more military specialities for officers
or enlisted members of the Armed Forces as counselors with
behavioral health expertise in order to better meet the mental
health care needs of members of the Armed Forces and their
families.
(2) Elements.--The report required by paragraph (1) shall
set forth the following:
(A) A recommendation as to the feasability and
advisability of establishing one or more military
specialities for officers or enlisted members of the
Armed Forces as counselors with behavioral health
expertise.
(B) For each military specialty recommended to be
established under subparagraph (A)--
(i) a description of the qualifications
required for such speciality, which
qualifications shall reflect lessons learned
from best practices in academia and the
civilian health care industry regarding
positions analogous to such specialty; and
(ii) a description of the incentives or
other mechanisms, if any, that would be
advisable to facilitate recruitment and
retention of individuals to and in such
specialty.
SEC. 723. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF MEDICATIONS FOR
PHYSICALLY AND PSYCHOLOGICALLY WOUNDED MEMBERS OF THE
ARMED FORCES.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the management of medications for physically and psychologically
wounded members of the Armed Forces.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) A review and assessment of current practices within the
Department of Defense for the management of medications for
physically and psychologically wounded members of the Armed
Forces.
(2) A review and analysis of the published literature on
factors contributing to the risk of misadministration of
medications, including accidental and intentional overdoses,
under and over medication, and adverse interactions among
medications.
(3) An identification of the medical conditions, and of the
patient management procedures of the Department of Defense,
that may increase the risks of misadministration of medications
in populations of members of the Armed Forces.
(4) An assessment of current and best practices in the
Armed Forces, other departments and agencies of government, and
the private sector concerning the prescription, distribution,
and management of medications, and the associated coordination
of care.
(5) An identification of means for decreasing the risks of
misadministration of medications and associated problems with
respect to physically and psychologically wounded members of
the Armed Forces.
(c) Report.--Not later than April 1, 2010, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the study required under
subsection (a). The report shall include such findings and
recommendations as the Secretary considers appropriate in light of the
study.
SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS FOR TROOPS SERVING IN IRAQ
AND AFGHANISTAN.
(a) Report.--
(1) In general.--Not later than June 30, 2010, and annually
thereafter until June 30, 2015, the Secretary of Defense shall
submit to Congress a report on the prescription of
antidepressants and drugs to treat anxiety for troops serving
in Iraq and Afghanistan.
(2) Content.--The report required under paragraph (1) shall
include--
(A) the numbers and percentages of troops that have
served or are serving in Iraq and Afghanistan since
January 1, 2005, who have been prescribed
antidepressants or drugs to treat anxiety, including
psychotropic drugs such as Selective Serotonin Reuptake
Inhibitors (SSRIs); and
(B) the policies and patient management practices
of the Department of Defense with respect to the
prescription of such drugs.
(b) National Institute of Mental Health Study.--
(1) Study.--The National Institute of Mental Health shall
conduct a study on the potential relationship between the
increased number of suicides and attempted suicides by members
of the Armed Forces and the increased number of
antidepressants, drugs to treat anxiety, other psychotropics,
and other behavior modifying prescription medications being
prescribed, including any combination or interactions of such
prescriptions. The Department of Defense shall immediately make
available to the National Institute of Mental Health all data
necessary to complete the study.
(2) Report on findings.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the findings of the study
conducted pursuant to paragraph (1).
Subtitle D--Wounded Warrior Matters
SEC. 731. PILOT PROGRAM FOR THE PROVISION OF COGNITIVE REHABILITATIVE
THERAPY SERVICES UNDER THE TRICARE PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense may, in consultation
with the entities and officials referred to in subsection (d), carry
out a pilot program under the TRICARE program to determine the
feasibility and advisability of expanding the availability of cognitive
rehabilitative therapy services for members or former members of the
Armed Forces described in subsection (b).
(b) Covered Members and Former Members.--A member or former member
of the Armed Forces is described in this subsection if--
(1) the member or former member--
(A) is otherwise eligible for medical care under
the TRICARE program;
(B) has been diagnosed with a moderate to severe
traumatic brain injury incurred in the line of duty in
Operation Iraqi Freedom or Operation Enduring Freedom;
(C) is retired or separated from the Armed Forces
for disability under chapter 61 of title 10, United
States Code; and
(D) is referred by a qualified physician for
cognitive rehabilitative therapy; and
(2) cognitive rehabilitative therapy is not reasonably
available to the member or former member through the Department
of Veterans Affairs.
(c) Elements of Pilot Program.--The Secretary of Defense shall, in
consultation with the entities and officials referred to in subsection
(d), develop for inclusion in the pilot program the following:
(1) Procedures for access to cognitive rehabilitative
therapy services.
(2) Qualifications and supervisory requirements for
licensed and certified health care professionals providing such
services.
(3) A methodology for reimbursing providers for such
services.
(d) Entities and Officials to Be Consulted.--The entities and
officials referred to in this subsection are the following:
(1) The Secretary of Veterans Affairs.
(2) The Defense Centers of Excellence for Psychological
Health and Traumatic Brain Injury.
(3) Relevant national organizations with experience in
treating traumatic brain injury.
(e) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report--
(1) evaluating the effectiveness of the pilot program in
providing increased access to safe, effective, and quality
cognitive rehabilitative therapy services for members and
former members of the Armed Forces described in subsection (b);
and
(2) making recommendations with respect to the
effectiveness of cognitive rehabilitative therapy services and
the appropriateness of including such services as a benefit
under the TRICARE program.
(f) TRICARE Program Defined.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10, United States
Code.
(g) Funding.--Of the amount authorized to be appropriated by
section 1403 for the Defense Health Program, not more than $5,000,000
may be available to carry out the pilot program under this section.
SEC. 732. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, MANAGEMENT, AND
TRANSITION OF RECOVERING WOUNDED, ILL, AND INJURED
MEMBERS OF THE ARMED FORCES.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish
within the Department of Defense a task force to be known as
the ``Department of Defense Task Force on the Care, Management,
and Transition of Recovering Wounded, Ill, and Injured Members
of the Armed Forces'' (in this section referred to as the
``Task Force'').
(2) Purpose.--The purpose of the Task Force shall be to
assess the effectiveness of the policies and programs developed
and implemented by the Department of Defense, and by each of
the military departments, to assist and support the care,
management, and transition of recovering wounded, ill, and
injured members of the Armed Forces, and to make
recommendations for the further improvement of such policies
and programs.
(b) Composition.--
(1) Members.--The Task Force shall consist of not more than
14 members, appointed by the Secretary of Defense from among
the individuals as described in paragraph (2).
(2) Covered individuals.--The individuals appointed to the
Task Force shall include the following:
(A) At least one member of each of the regular
components of the Army, the Navy, the Air Force, and
the Marine Corps.
(B) One member of the National Guard.
(C) One member of a reserve component of the Armed
Forces other than National Guard.
(D) A number of persons from outside the Department
of Defense equal to the total number of personnel from
within the Department of Defense (whether members of
the Armed Forces or civilian personnel) who are
appointed to the Task Force.
(E) Persons who have experience in--
(i) medical care and coordination for
wounded, ill, and injured members of the Armed
Forces;
(ii) medical case management;
(iii) non-medical case management;
(iv) the disability evaluation process for
members of the Armed Forces;
(v) veterans benefits;
(vi) treatment of traumatic brain injury
and post traumatic stress disorder;
(vii) family support;
(viii) medical research;
(ix) vocational rehabilitation; or
(x) disability benefits.
(F) At least one family member of a wounded, ill,
or injured member of the Armed Forces or veteran who
has experience working with wounded, ill, and injured
members of the Armed Forces or their families.
(3) Individuals appointed from within department of
defense.--At least one of the individuals appointed to the Task
Force from within the Department of Defense shall be the
surgeon general of an Armed Force.
(4) Individuals appointed from outside department of
defense.--The individuals appointed to the Task Force from
outside the Department of Defense--
(A) with the concurrence of the Secretary of
Veterans Affairs, shall include an officer or employee
of the Department of Veterans Affairs; and
(B) may include individuals from other departments
or agencies of the Federal Government, from State and
local agencies, or from the private sector.
(5) Deadline for appointments.--All original appointments
to the Task Force shall be made not later than 120 days after
the date of the enactment of this Act.
(6) Co-chairs.--There shall be two co-chairs of the Task
Force. One of the co-chairs shall be designated by the
Secretary of Defense at the time of appointment from among the
individuals appointed to the Task Force from within the
Department of Defense. The other co-chair shall be selected
from among the individuals appointed from outside the
Department of Defense by those individuals.
(c) Report Required.--
(1) In general.--Not later than 12 months after the date on
which all members of the Task Force have been appointed, the
Task Force shall submit to the Secretary of Defense a report.
The report shall include the following:
(A) The findings and conclusions of the Task Force
as a result of its assessment of the effectiveness of
the policies and programs developed and implemented by
the Department of Defense, and by each of the military
departments, to assist and support the care,
management, and transition of recovering wounded, ill,
and injured members of the Armed Forces.
(B) A description of various ways in which the
Department of Defense and the military departments
could more effectively address matters relating to the
care, management, and transition of recovering wounded,
ill, and injured members of the Armed Forces, including
members of the regular components, and members of the
reserve components, and support for their families.
(C) Such recommendations for other legislative or
administrative action as the Task Force considers
appropriate for measures to improve the policies and
programs described in subparagraph (A).
(2) Methodology.--For purposes of the report, the Task
Force--
(A) shall conduct site visits and interviews as the
Task Force considers appropriate;
(B) may consider the findings and recommendations
of previous reviews and evaluations of the care,
management, and transition of recovering wounded, ill,
and injured members of the Armed Forces; and
(C) may utilize such other means for directly
obtaining information relating to the care, management,
and transition of recovering wounded, ill, and injured
members of the Armed Forces as the Task Force considers
appropriate.
(3) Matters to be reviewed and assessed.--For purposes of
the report, the Task Force shall review and assess the
following:
(A) Case management, including the numbers and
types of case managers (including Federal Recovery
Coordinators, Recovery Care Coordinators, National
Guard or Reserve case managers, and other case
managers) assigned to recovering wounded, ill, and
injured members of the Armed Forces, the training
provided such case mangers, and the effectiveness of
such case mangers in providing care and support to
recovering wounded, ill, and injured members of the
Armed Forces.
(B) The effectiveness of the Interagency Program
Office in achieving fully interoperable electronic
health records by September 30, 2009, in accordance
with section 1635 of the Wounded Warrior Act (10 U.S.C.
1071 note).
(C) Staffing of Army Warrior Transition Units,
Marine Corps Wounded Warrior Regiments, Navy and Air
Force Medical Hold or Medical Holdover Units, and other
service-related programs or units for recovering
wounded, ill, and injured members of the Armed Forces,
including the use of applicable hiring authorities to
ensure the proper staffing of such programs and units.
(D) The legal support available to recovering
wounded, ill, and injured members of the Armed Forces
and their families.
(E) The support and assistance provided to
recovering wounded, ill, and injured members of the
Armed Forces as they progress through the military
disability evaluation system.
(F) The effectiveness of any measures under pilot
programs to improve or enhance the military disability
evaluation system.
(G) The effectiveness of the Senior Oversight
Committee in facilitating and overseeing collaboration
between the Department of Defense and the Department of
Veterans Affairs on matters relating to the care,
management, and transition of recovering wounded, ill,
and injured members of the Armed Forces.
(H) The establishment and effectiveness of the
Defense Centers of Excellence for Psychological Health
and Traumatic Brain Injury, and the centers of
excellence for military eye injuries, hearing loss and
auditory system injuries, and traumatic extremity
injuries and amputations.
(I) The establishment and effectiveness of
performance and accountability standards for warrior
transition units and programs.
(J) The support available to family caregivers of
recovering wounded, ill, and injured members of the
Armed Forces.
(K) The availability of vocational training for
recovering wounded, ill, and injured members of the
Armed Forces seeking to transition to civilian life.
(L) The availability of services for traumatic
brain injury and post traumatic stress disorder.
(M) The support systems in place to ease the
transition of recovering wounded, ill, and injured
members of the Armed Forces from the Department of
Defense to the Department of Veterans Affairs.
(N) The effectiveness of wounded warrior
information resources, including the Wounded Warrior
Resource Center, the National Resource Directory,
Military OneSource, Family Assistance Centers, and
Service hotlines, in providing meaningful information
for recovering wounded, ill, and injured members of the
Armed Forces.
(O) Interagency matters affecting recovering
wounded, ill, and injured members of the Armed Forces
in their transition to civilian life.
(P) Overall coordination between the Department of
Defense and the Department of Veterans Affairs on the
matters specified in this paragraph.
(Q) Such other matters as the Task Force considers
appropriate in connection with the care, management,
and transition of recovering wounded, ill, and injured
members of the Armed Forces.
(4) Transmittal.--Not later than 90 days after receipt of
the report required by paragraph (1) the Secretary of Defense
shall transmit the report, together with the Secretary's
evaluation of the report, to the Committees on Armed Services
of the Senate and the House of Representatives.
(d) Plan Required.--Not later than six months after the receipt
under subsection (c) of the report of the Task Force under that
subsection, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan to
implement the recommendations of the Task Force as included in the
report of the Task Force under subsection (c).
(e) Administrative Matters.--
(1) Compensation.--Each member of the Task Force who is a
member of the Armed Forces or a civilian officer or employee of
the United States shall serve on the Task Force without
compensation (other than compensation to which entitled as a
member of the Armed Forces or an officer or employee of the
United States, as the case may be). Other members of the Task
Force shall be appointed in accordance with, and subject to,
the provisions of section 3161 of title 5, United States Code.
(2) Oversight.--The Under Secretary of Defense for
Personnel and Readiness shall oversee the Task Force. The
Washington Headquarters Services of the Department of Defense
shall provide the Task Force with personnel, facilities, and
other administrative support as necessary for the performance
of the duties of the Task Force.
(3) Visits to military facilities.--Any visit by the Task
Force to a military installation or facility shall be
undertaken through the Deputy Under Secretary of Defense for
Personnel and Readiness, in coordination with the Secretaries
of the military departments.
(f) Termination.--The Task Force shall terminate 90 days after the
date on which the Task Force submits to the Secretary of Defense the
report of the Task Force under subsection (c).
SEC. 733. REPORT ON USE OF ALTERNATIVE THERAPIES IN TREATMENT OF POST-
TRAUMATIC STRESS DISORDER.
(a) In General.--Not later than December 31, 2010, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly submit to
the appropriate committees of Congress a report on research related to
post-traumatic stress disorder.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The status of all studies and clinical trials that
involve treatments of post-traumatic stress disorder conducted
by the Department of Defense and the Department of Veterans
Affairs.
(2) The effectiveness of alternative therapies in the
treatment of post-traumatic stress disorder, including the
therapeutic use of animals.
(3) 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.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Veterans' Affairs of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Veterans' Affairs of the
House of Representatives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF PROTOTYPE
UNITS.
(a) Contract Authority.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2359b the following
new section:
``Sec. 2359c. Contract authority for advanced development of prototype
units
``(a) Authority.--A contract initially awarded from the competitive
selection of a proposal resulting from a broad agency announcement
pursuant to section 2302(2)(B) of this title may contain a contract
line item or an option, including not-to-exceed prices, for either of
the following:
``(1) The delivery of a specified number of prototype items
to demonstrate technology developed under the contract.
``(2) The provision, for a specified period of time, of
advanced component development effort or effort to prototype
technology developed under the contract.
``(b) Limitations.--(1) The number of prototype items specified
pursuant to subsection (a)(1) may not exceed the minimum number
required to ensure that research and development work can continue
without interruption during the solicitation and award of a follow-on
competitive contract.
``(2) The period of time specified under subsection (a)(2) may not
exceed 12 months.
``(3) The dollar value of the work to be performed pursuant to a
contract line item or option under subsection (a) may not exceed the
lesser of the amounts as follows:
``(A) The amount that is three times the dollar value of
the work previously performed under the contract.
``(B) $20,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by inserting
after the item relating to section 2359b the following new
item:
``2359c. Contract authority for advanced development of prototype
units.''.
(b) Sunset.--
(1) In general.--Effective on the date that is five years
after the date of the enactment of this Act--
(A) section 2359c of title 10, United States Code
(as added by subsection (a)), is repealed; and
(B) the table of sections at the beginning of
chapter 139 of such title (as amended by subsection
(a)) is further amended by striking the item relating
to section 2359c.
(2) Continuation of line items and options.--The repeal of
section 2359c of title 10, United States Code (as so added), by
paragraph (1) shall not affect the authority of the Department
of Defense to exercise any contract line item or option
included in a contract under the authority of such section
before the effective date of the repeal of such section under
paragraph (1).
(c) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the use of the authority
provided by section 2359c of title 10, United States Code (as added by
subsection (a)). The report shall, at a minimum--
(1) identify the number of times the authority in section
2359c of title 10, United States Code (as so added), has been
used by each military department and Defense Agency, and the
dollar amount of contract line items or options exercised
pursuant to such authority;
(2) assess the effectiveness of the authority in promoting
the maturation of technologies and in addressing potential gaps
between science and technology projects and acquisition
programs;
(3) assess any potential anti-competitive impacts resulting
from the use of the authority; and
(4) make such recommendations as the Secretary considers
appropriate.
SEC. 802. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE CONTRACTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall modify the
Department of Defense Supplement to the Federal Acquisition Regulation
to provide that the head of an agency may not award a sole-source
contract for an amount exceeding $20,000,000 unless--
(1) the contracting officer for the contract justifies the
use of a sole-source contract in writing; and
(2) the justification is approved by an official designated
in section 2304(f)(1)(B) of title 10, United States Code, to
approve contract awards for dollar amounts that are comparable
to the amount of the sole-source contract.
(b) Elements of Justification.--The justification of a sole-source
contract required pursuant to subsection (a) shall include the
following:
(1) A description of the needs of the agency concerned for
the matters covered by the contract.
(2) A specification of the statutory provision providing
the exception from the requirement to use competitive
procedures in entering into the contract.
(3) A determination that the use of a sole-source contract
is in the best interest of the Department of Defense.
(4) A determination that the anticipated cost of the
contract will be fair and reasonable.
(5) Such other matters as the Secretary shall specify for
purposes of this section.
(c) Construction With Competition in Contracting Act
Requirements.--In the case of any contract for which a justification
and approval is required under section 2304(f) of title 10, United
States Code, a justification and approval meeting the requirements of
such section may be treated as meeting the requirements of this section
for purposes of the award of a sole-source contract.
Subtitle B--Acquisition Policy and Management
SEC. 811. REPORTING REQUIREMENTS FOR PROGRAMS THAT QUALIFY AS BOTH
MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS AND MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 2445d of title 10, United States Code, is
amended by striking ``of this title'' and all that follows and
inserting ``of this title, the Secretary may designate the program to
be treated only as a major automated information system program covered
by this chapter or to be treated only as a major defense acquisition
program covered by such chapter 144.''.
(b) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance on the implementation of section 2445d of title 10, United
States Code (as amended by subsection (a)). The guidance shall provide
that, as a general rule--
(1) a program covered by such section that requires the
development of customized hardware shall be treated only as a
major defense acquisition program under chapter 144 of title
10, United States Code; and
(2) a program covered by such section that does not require
the development of customized hardware shall be treated only as
a major automated information system program under chapter 144A
of title 10, United States Code.
SEC. 812. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.
(a) Additional Element of Fund.--Subsection (d) of section 1705 of
title 10, United States Code, 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):
``(B) Amounts transferred to the Fund pursuant to
paragraph (3).''; and
(2) by adding at the end the following new paragraph:
``(3) Transfer of certain unobligated balances.--To the
extent provided in appropriations Acts, the Secretary of
Defense may, during the 24-month period following the
expiration of availability for obligation of any appropriations
made to the Department of Defense for procurement, research,
development, test, and evaluation, or operation and
maintenance, transfer to the Fund any unobligated balance of
such appropriations. Any amount so transferred shall be
credited to the Fund.''.
(b) Nature of Expended Amounts Providing Basis for Credit to
Fund.--Subparagraph (A) of paragraph (2) of such subsection is amended
by striking ``, other than'' and all that follows and inserting ``from
amounts available for operation and maintenance.''.
(c) Remittances.--Subparagraph (B) of paragraph (2) of such
subsection is amended by inserting ``, from amounts available to such
military department or Defense Agency, as the case may be, for
operation and maintenance,'' after ``remit to the Secretary of
Defense''.
(d) Additional Matters Relating to Remittances.--Such subsection is
further amended--
(1) in paragraph (2)(B), by striking ``Not later than'' and
inserting ``Subject to paragraph (4), not later than''; and
(2) by adding at the end the following new paragraph:
``(4) Additional requirements and limitations on
remittances.--(A) In the event amounts are transferred to the
Fund during a fiscal year pursuant to paragraph (1)(B) or
appropriated to the Fund for a fiscal year pursuant to
paragraph (1)(C), the aggregate amount otherwise required to be
remitted to the Fund for that fiscal year pursuant to paragraph
(2)(B) shall be reduced by the amount equal to the amounts so
transferred or appropriated to the Fund during or for that
fiscal year. Any reduction in the aggregate amount required to
be remitted to the Fund for a fiscal year under this
subparagraph shall be allocated as provided in applicable
provisions of appropriations Acts or, absent such provisions,
on a pro rata basis among the military departments and Defense
Agencies required to make remittances to the Fund for that
fiscal year under paragraph (2)(B).
``(B) Any remittance of amounts to the Fund for a fiscal
year under paragraph (2) shall be subject to the availability
of appropriations for that purpose.''.
(e) Remittance Amounts.--Paragraph (2) of such subsection is
further amended by striking subparagraphs (C) and (D) and inserting the
following new subparagraphs:
``(C) For purposes of this paragraph, the applicable
percentage for a fiscal year is the percentage that results in
the credit to the Fund in such fiscal year of an amount as
follows:
``(i) For fiscal year 2010, $570,000,000.
``(ii) For fiscal year 2011, $770,000,000.
``(iii) For fiscal year 2012, $900,000,000.
``(iv) For fiscal year 2013, $1,180,000,000.
``(v) For fiscal year 2014, $1,330,000,000.
``(vi) For fiscal year 2015, $1,470,000,000.
``(D) The Secretary of Defense may reduce a percentage
specified in subparagraph (C) for a fiscal year if the
Secretary determines that the application of such percentage
would result in the crediting to the Fund in such fiscal year
of an amount greater than is reasonably needed for purposes of
the Fund. The percentage for a fiscal year, as so reduced, may
not be a percentage that will result in the credit to the Fund
in such fiscal year of an amount that is less than 80 percent
of the amount otherwise specified in subparagraph (C) for such
fiscal year.''.
(f) Clarification of Limitation on Pay of Base Salary of Current
Employees.--Subsection (e)(5) of such section is amended by striking
``as of the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008'' and inserting ``serving in a position in the
acquisition workforce as of January 28, 2008''.
(g) Technical Amendments.--
(1) Subsection (a) of such section is amended by inserting
``Development'' after ``Workforce''.
(2) Subsection (f) of such section is amended in the matter
preceding paragraph (1) by striking ``beginning with fiscal
year 2008''.
(h) Effective Dates.--
(1) Funding amendments.--The amendments made by subsections
(a) through (e) shall take effect on October 1, 2009.
(2) Technical amendments.--The amendments made by
subsections (f) and (g) shall take effect on the date of the
enactment of this Act.
SEC. 813. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR DEFENSE
ACQUISITION WORKFORCE POSITIONS.
(a) In General.--Paragraph (1) of section 1705(h) of title 10,
United States Code, is amended--
(1) in subparagraph (A), by striking ``acquisition
positions within the Department of Defense as shortage category
position'' 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 qualified''
and inserting ``appropriately qualified''.
(b) Extension.--Paragraph (2) of such section is amended by
striking ``September 30, 2012'' and inserting ``September 30, 2015''.
(c) Technical Amendment.--Paragraph (1) of such section is further
amended by striking ``United States Code,'' in the matter preceding
subparagraph (A).
SEC. 814. TREATMENT OF NON-DEFENSE AGENCY PROCUREMENTS UNDER JOINT
PROGRAMS WITH THE DEPARTMENT OF DEFENSE UNDER LIMITATIONS
ON NON-DEFENSE AGENCY PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE.
Section 801(b) of the National Defense Authorization Act for Fiscal
Year 2008 (10 U.S.C. 2304 note) is amended by adding at the end the
following new paragraph:
``(3) Treatment of procurements under joint programs.--For
purposes of this subsection, a contract entered by a non-
defense agency for the performance of a joint program conducted
to meet the needs of the Department of Defense and the non-
defense agency shall not be considered a procurement of
property or services for the Department of Defense through a
non-defense agency.''.
SEC. 815. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON TRAINING
OF ACQUISITION AND AUDIT PERSONNEL OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report setting
forth an assessment of the efficacy of Department of Defense training
for acquisition and audit personnel of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) An assessment of the nature and efficacy of training
(including training materials and methods) required for
acquisition and audit personnel of the Department of Defense.
(2) An assessment of the timeliness and manner in which the
Department of Defense provides training for such personnel.
(3) An assessment of the extent to which such training
reaches appropriate acquisition personnel, including personnel
outside the acquisition workforce who exercise significant
acquisition responsibilities.
(4) An assessment of the extent to which each of the
Department of Defense and the Department of the Army have
implemented the recommendations of the Commission on Army
Acquisition and Program Management in Expeditionary Operations
relating to training of acquisition personnel.
(5) Such recommendations as the Comptroller General
considers appropriate regarding training of acquisition and
audit personnel of the Department of Defense, including
recommendations regarding best practices and objectives for
improved training of such acquisition and audit personnel.
Subtitle C--Contractor Matters
SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO HAVE ACCESS
TO TECHNICAL DATA BELONGING TO PRIME CONTRACTORS.
(a) Authority.--
(1) Access to technical data.--Subsection (c) of section
2320 of title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) notwithstanding any limitation upon the license
rights conveyed under subsection (a), allowing a covered
Government support contractor access to and use of any
technical data delivered under a contract for the sole purpose
of furnishing independent and impartial advice or technical
assistance directly to the Government in support of the
Government's management and oversight of the program or effort
to which such technical data relates; or''.
(2) Covered government support contractor defined.--Such
section is further amended by adding at the end the following
new subsection:
``(f) In this section, the term `covered Government support
contractor' means a contractor under a contract the primary purpose of
which is to furnish independent and impartial advice or technical
assistance directly to the Government in support of the Government's
management and oversight of a program or effort (rather than to
directly furnish an end item or service to accomplish a program or
effort), which contractor--
``(1) is not affiliated with the prime contractor or a
first-tier subcontractor on the program or effort, or with any
direct competitor of such prime contractor or any such first-
tier subcontractor in furnishing end items or services of the
type developed or produced on the program or effort; and
``(2) executes a contract with the Government agreeing to
and acknowledging--
``(A) that proprietary or nonpublic technical data
furnished will be accessed and used only for the
purposes stated in that contract;
``(B) that a breach of that contract by the covered
Government support contractor with regard to a third
party's ownership or rights in such technical data may
subject the covered Government support contractor--
``(i) to criminal, civil, administrative,
and contractual actions in law and equity for
penalties, damages, and other appropriate
remedies by the United States; and
``(ii) to civil actions for damages and
other appropriate remedies by the contractor or
subcontractor whose technical data is affected
by the breach;
``(C) that such technical data provided to the
covered Government support contractor under the
authority of this section shall not be used by the
covered Government support contractor to compete
against the third party for Government or non-
Government contracts; and
``(D) that any breach of the nondisclosure
obligations under subparagraphs (A) through (C) may
constitute a violation of section 1905 of title 18.''.
(b) Criminal Penalty.--Section 1905 of title 18, United States
Code, is amended by inserting ``or being an officer, agent, or employee
of a private sector organization having a contractual nondisclosure
agreement under the authority of section 2320(f)(2) of title 10,''
after ``Antitrust Civil Process Act (15 U.S.C. 1311-1314),''.
SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE COMMISSION ON
WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Date of Final Report.--Subsection (d)(3) of section 841 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 230) is amended by striking ``two years'' and
inserting ``three years''.
(b) Assistance From Federal Agencies.--Such section is further
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Assistance From Federal Agencies.--
``(1) Department of defense.--The Secretary of Defense
shall provide to the Commission administrative support for the
performance of the Commission's functions in carrying out the
requirements of this section.
``(2) Travel and lodging in combat theaters.--The
administrative support provided the Commission under paragraph
(1) shall include travel and lodging undertaken in combat
theaters, which support shall be provided on a non-reimbursable
basis.
``(3) Other departments and agencies.--In addition to the
support required by paragraph (1), any department or agency of
the Federal Government may provide to the Commission such
services, funds, facilities, staff, and other support services
for the performance of the Commission's functions as the head
of such department or agency considers advisable, or as may
otherwise be authorized by law.''.
SEC. 823. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR
PERSONNEL.
(a) Regulations Required.--Effective as of the date that is one
year after the date of the enactment of this Act, the Department of
Defense manpower mix criteria and the Department of Defense Supplement
to the Federal Acquisition Regulation shall be modified to provide the
following:
(1) That the interrogation of enemy prisoners of war,
civilian internees, retained persons, other detainees,
terrorists, and criminals when captured, transferred, confined,
or detained during or in the aftermath of hostilities is an
inherently governmental function and cannot be transferred to
contractor personnel.
(2) That contractor personnel with proper training and
security clearances may be used as linguists, interpreters,
report writers, information technology technicians, and other
employees filling ancillary positions in interrogations of
persons as described in paragraph (1) if such personnel are
subject to the same rules, procedures, policies, and laws
pertaining to detainee operations and interrogations as apply
to government personnel in such positions in such
interrogations.
(b) Discharge by Government Personnel.--The Secretary of Defense
shall take appropriate actions to ensure that, by not later than one
year after the date of the enactment of this Act, the Department of
Defense has the resources needed to ensure that interrogations
described in subsection (a)(1) are conducted by appropriately qualified
government personnel.
SEC. 824. MODIFICATIONS TO DATABASE FOR FEDERAL AGENCY CONTRACT AND
GRANT OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.
Subsection (c) of section 872 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4556) is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (5) the following new
paragraphs:
``(6) Each audit report that, as determined by an Inspector
General or the head of an audit agency responsible for the
report, contains significant adverse information about a
contractor that should be included in the database.
``(7) Each contract action that, as determined by the head
of the contracting activity responsible for the contract
action, reflects information about contractor performance or
integrity that should be included in the database.''.
Subtitle D--Other Matters
SEC. 831. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN CENTRAL ASIA, PAKISTAN, AND THE SOUTH CAUCASUS.
(a) In General.--In the case of a product or service to be acquired
in support of military operations or stability operations (including
security, transition, reconstruction, and humanitarian relief
activities) in Afghanistan for which the Secretary of Defense makes a
determination described in subsection (b), the Secretary may conduct a
procurement in which--
(1) competition is limited to products or services that are
from Central Asia, Pakistan, or the South Caucasus;
(2) procedures other than competitive procedures are used
to award a contract to a particular source or sources from
Central Asia, Pakistan, or the South Caucasus; or
(3) a preference is provided for products or services that
are from Central Asia, Pakistan, or the South Caucasus.
(b) Determination.--A determination described in this subsection is
a determination by the Secretary that--
(1) the product or service concerned is to be used only by
military forces, police, or other security personnel of
Afghanistan; or
(2) it is in the national security interest of the United
States to limit competition, use procedures other than
competitive procedures, or provide a preference as described in
subsection (a) because--
(A) such limitation, procedure, or preference is
necessary--
(i) to improve local market and
transportation infrastructure in Central Asia,
Pakistan, or the South Caucasus in order to
reduce overall United States transportation
costs and risks in shipping goods in support of
operations in Afghanistan; or
(ii) to encourage states of Central Asia,
Pakistan, or the South Caucasus to cooperate in
expanding supply routes through their territory
in support of operations in Afghanistan; and
(B) such limitation, procedure, or preference will
not adversely affect--
(i) operations in Afghanistan; or
(ii) the United States industrial base.
(c) Products, Services, and Sources From Central Asia, Pakistan, or
the South Caucasus.--For the purposes of this section:
(1) A product is from the Central Asia, Pakistan, or the
South Caucasus if it is mined, produced, or manufactured in
Georgia, the Kyrgyz Republic, Pakistan, the Republic of
Armenia, the Republic of Azerbaijan, the Republic of
Kazakhstan, the Republic of Tajikistan, the Republic of
Uzbekistan, or Turkmenistan.
(2) A service is from Central Asia, Pakistan, or the South
Caucasus if it is performed in Georgia, the Kyrgyz Republic,
Pakistan, the Republic of Armenia, the Republic of Azerbaijan,
the Republic of Kazakhstan, the Republic of Tajikistan, the
Republic of Uzbekistan, or Turkmenistan by citizens or
permanent resident aliens of Georgia, the Kyrgyz Republic,
Pakistan, the Republic of Armenia, the Republic of Azerbaijan,
the Republic of Kazakhstan, the Republic of Tajikistan, the
Republic of Uzbekistan, or Turkmenistan.
(3) A source is from Central Asia, Pakistan, or the South
Caucasus if it--
(A) is located in Georgia, the Kyrgyz Republic,
Pakistan, the Republic of Armenia, the Republic of
Azerbaijan, the Republic of Kazakhstan, the Republic of
Tajikistan, the Republic of Uzbekistan, or
Turkmenistan; and
(B) offers products or services that are from
Georgia, the Kyrgyz Republic, Pakistan, the Republic of
Armenia, the Republic of Azerbaijan, the Republic of
Kazakhstan, the Republic of Tajikistan, the Republic of
Uzbekistan, or Turkmenistan.
(d) Construction With Other Authority.--The authority in subsection
(a) is in addition to the authority in section 886 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 266; 10 U.S.C. 2302 note).
(e) Annual Report.--
(1) In general.--Not later than December 31 each year, the
Secretary shall submit to Congress a report on the exercise of
the authority in subsection (a) during the preceding fiscal
year.
(2) Elements.--Each report under this subsection shall
include, for the fiscal year covered by such report, the
following:
(A) A statement of the number of occasions on which
the Secretary made a determination under subsection (a)
with respect to the exercise of the authority in
subsection (a), regardless of whether or not the
determination resulted in the exercise of such
authority.
(B) The total amount of all procurements pursuant
to the exercise of such authority, and the total amount
of procurements for each country with respect to which
such authority was exercised.
(C) A description and assessment of the extent to
which procurements pursuant to the exercise of such
authority furthered the national security interest of
the United States.
(f) Sunset.--The authority in subsection (a) shall expire on the
date that is three years after the date of the enactment of this Act.
SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.
(a) Authority to Modify Definition of ``Small Arms Production
Industrial Base''.--Section 2473(c) of title 10, United States Code, is
amended by inserting before the period at the end the following: ``,
and any subsequent modifications to such list of firms pursuant to a
review by the Secretary of Defense''.
(b) Review of Small Arms Production Industrial Base.--
(1) Review.--Not later than March 31, 2010, the Secretary
of Defense shall review and determine, based upon manufacturing
capability and capacity--
(A) whether any firms included in the small arms
production industrial base (as that term is defined in
section 2473(c) of title 10, United States Code) should
be eliminated or modified and whether any additional
firms should be included; and
(B) whether any of the small arms listed in section
2473(d) of title 10, United States Code, should be
eliminated from the list or modified on the list, and
whether any additional small arms should be included in
the list.
(2) Report.--Not later than March 31, 2010, the Secretary
of Defense shall submit to the congressional defense committees
a report on the review conducted under this subsection,
including any recommendations for changes to the list
maintained pursuant to subsection (c) of section 2473(d) of
title 10, United States Code, or the list under subsection (d)
of such section.
SEC. 833. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) SBIR Extension.--Section 9(m) of the Small Business Act (15
U.S.C. 638(m)) is amended--
(1) by striking ``The authorization'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
authorization''; and
(2) by adding at the end the following:
``(2) Exception for department of defense.--The Secretary
of Defense and the Secretary of each military department is
authorized to carry out the Small Business Innovation Research
Program of the Department of Defense until September 30,
2023.''.
(b) STTR Reauthorization.--Section 9(n)(1)(A) of the Small Business
Act (15 U.S.C. 638(n)(1)(A)) is amended--
(1) by striking ``With respect'' and inserting the
following:
``(i) Federal agencies generally.--Except
as provided in clause (i), with respect''; and
(2) by adding at the end the following:
``(ii) Department of defense.--The
Secretary of Defense and the Secretary of each
military department shall carry out clause (i)
with respect to each fiscal year through fiscal
year 2023.''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 30, 2009.
SEC. 834. EXPANSION AND PERMANENT AUTHORITY FOR SMALL BUSINESS
INNOVATION RESEARCH COMMERCIALIZATION PROGRAM.
(a) Expansion To Include Small Business Technology Transfer
Program.--Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is
amended in paragraphs (1), (2), and (4) by inserting ``and the Small
Business Technology Transfer Program'' after ``Small Business
Innovation Research Program''.
(b) Permanent Authority.--
(1) In general.--Such section is further amended by
striking paragraph (6).
(2) Conforming amendments.--Such section is further
amended--
(A) in the subsection heading, by striking
``Pilot''; and
(B) by striking ``Pilot'' each place it appears.
SEC. 835. MEASURES TO ENSURE THE SAFETY OF FACILITIES, INFRASTRUCTURE,
AND EQUIPMENT FOR MILITARY OPERATIONS.
(a) Policy.--It shall be the policy of the Department of Defense to
incorporate generally accepted industry standards for the safety and
health of personnel, to the maximum extent practicable, into
requirements for facilities, infrastructure, and equipment that are
intended for use by military or civilian personnel of the Department in
current and future contingency operations.
(b) Contracts.--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 describing that actions that
the Department of Defense has taken, or plans to take, to ensure that
each contract or task or delivery order entered into for the
construction, installation, repair, maintenance, or operation of
facilities for use by military or civilian personnel of the Department
in current and future contingency operations complies with the policy
established in subsection (a).
(c) Generally Accepted Industry Standards for Safety.--For the
purposes of this section, generally accepted industry standards for the
safety of personnel include--
(1) appropriate standards with respect to fire protection
and structural integrity; and
(2) standards with respect to electrical systems, water
treatment, and telecommunications networks.
SEC. 836. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM
ESSENTIAL ITEM BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.
SEC. 837. DEFENSE SCIENCE BOARD REPORT ON RARE EARTH MATERIALS IN THE
DEFENSE SUPPLY CHAIN.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Science Board shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the usage of rare earth materials in the
supply chain of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall address,
at a minimum, the following:
(1) The current and projected domestic and world-wide
availability of rare earth materials for use by the Department
of Defense in its weapon systems.
(2) The extent to which weapon systems acquired by the
Department of Defense are currently dependent on, or are
projected to become dependent on, rare earth materials supplied
by sources that could be interrupted.
(3) The risk to national security, if any, of dependence on
such sources for rare earth materials.
(4) Any steps that the Department of Defense has taken or
is planning to take to address any such risk to national
security.
(5) Such recommendations for further action to address the
matters covered by the report as the Defense Science Board
considers appropriate.
(c) Definitions.--In this section:
(1) The term ``rare earth'' means the chemical elements in
the periodic table beginning with lanthanum and continuing to
lutetium, and any associated elements.
(2) The term ``rare earth material'' includes rare earth
ores, semi-finished rare earth products, and components
containing rare earth materials.
SEC. 838. SMALL BUSINESS CONTRACTING PROGRAMS PARITY.
Section 31(b)(2)(B) of the Small Business Act (15 U.S.C.
657a(b)(2)(B)) is amended by striking ``shall'' and inserting ``may''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT SECRETARIES
OF DEFENSE.
(a) Deputy Under Secretaries of Defense.--Chapter 4 of title 10,
United States Code, is amended by adding after section 137 the
following new section:
``Sec. 137a. Deputy Under Secretaries of Defense
``(a)(1) There are five Deputy Under Secretaries of Defense.
``(2)(A) The Deputy Under Secretaries of Defense referred to in
paragraphs (1) through (3) of subsection (c) shall be appointed as
provided in the applicable paragraph.
``(B) The Deputy Under Secretaries of Defense referred to in
paragraphs (4) and (5) of subsection (c) shall be appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
``(3) The five Deputy Under Secretaries of Defense authorized by
this section are the only Deputy Under Secretaries of Defense.
``(b) Each Deputy Under Secretary of Defense shall be the first
assistant to an Under Secretary of Defense and shall assist such Under
Secretary in the performance of the duties of the position of such
Under Secretary and shall act for, and exercise the powers of, such
Under Secretary when such Under Secretary is absent or disabled.
``(c)(1) One of the Deputy Under Secretaries is the Principal
Deputy Under Secretary of Defense for Acquisition, Technology, and
Logistics appointed pursuant to section 133a of this title.
``(2) One of the Deputy Under Secretaries is the Principal Deputy
Under Secretary of Defense for Policy appointed pursuant to section
134a of this title.
``(3) One of the Deputy Under Secretaries is the Principal Deputy
Under Secretary of Defense for Personnel and Readiness appointed
pursuant to section 136a of this title.
``(4) One of the Deputy Under Secretaries shall be the Principal
Deputy Under Secretary of Defense (Comptroller).
``(5) One of the Deputy Under Secretaries shall be the Principal
Deputy Under Secretary of Defense for Intelligence.
``(d) The Deputy Under Secretaries of Defense take precedence in
the Department of Defense after the Secretary of Defense, the Deputy
Secretary of Defense, the Secretaries of the military departments, the
Under Secretaries of Defense, and the Deputy Chief Management Officer
of the Department of Defense.''.
(b) Assistant Secretaries of Defense.--
(1) Redesignation of deputy under secretary for logistics
and materiel readiness as assistant secretary.--Chapter 4 of
such title is further amended--
(A) by transferring section 133b to appear after
section 138 and redesignating such section, as so
transferred, as section 138a; and
(B) in such section, as so transferred and
redesignated, by striking ``Deputy Under Secretary''
each place it appears and inserting ``Assistant
Secretary''.
(2) Additional assistant secretaries.--Section 138 of such
title is amended--
(A) by striking subsection (a) and inserting the
following new subsection (a):
``(a)(1) There are 16 Assistant Secretaries of Defense.
``(2)(A) The Assistant Secretary of Defense referred to in
subsection (b)(7) shall be appointed as provided in that subsection.
``(B) The other Assistant Secretaries of Defense shall be appointed
from civilian life by the President, by and with the advice and consent
of the Senate.''; and
(B) in subsection (b), by adding the following new
paragraphs:
``(6) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Acquisition. The Assistant Secretary of
Defense for Acquisition is the principal adviser to the Secretary of
Defense and the Under Secretary of Defense for Acquisition, Technology,
and Logistics on matters relating to acquisition.
``(7) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Logistics and Materiel Readiness appointed pursuant to
section 138a of this title. In addition to any duties and powers
prescribed under paragraph (1), the Assistant Secretary of Defense for
Logistics and Materiel Readiness shall have the duties specified in
section 138a of this title.
``(8) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Installations and Environment. The Assistant
Secretary of Defense for Installations and Environment is the principal
adviser to the Secretary of Defense and the Under Secretary of Defense
for Acquisition, Technology, and Logistics on matters relating to
Department of Defense installations and environmental policy.
``(9) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Manufacturing and Industrial Base. The
Assistant Secretary of Defense for Manufacturing and Industrial Base is
the principal adviser to the Secretary of Defense and the Under
Secretary of Defense for Acquisition, Technology, and Logistics on
policies relating to the defense industrial base, carrying out the
requirements of chapter 148 of this title, and executing the
authorities provided by the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.).
``(10) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Readiness. The Assistant Secretary of Defense
for Readiness is the principal adviser to the Secretary of Defense and
the Under Secretary of Defense for Personnel and Readiness on matters
relating to military readiness.
``(11) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Strategy, Plans, and Forces. The Assistant
Secretary of Defense for Strategy, Plans, and Forces is the principal
adviser to the Secretary of Defense and the Under Secretary of Defense
for Policy on matters relating to strategy, plans, and forces.''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendments.--
(A) Section 133a of such title is amended--
(i) by striking ``Deputy Under Secretary of
Defense for Acquisition and Technology'' each
place it appears and inserting ``Principal
Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics''; and
(ii) by striking ``duties relating to
acquisition and technology'' and inserting
``duties''.
(B) Section 134a of such title is amended by
striking ``Deputy Under Secretary'' each place it
appears and inserting ``Principal Deputy Under
Secretary''.
(C) Section 134b of such title is repealed.
(D) Section 136a of such title is amended by
striking ``Deputy Under Secretary'' each place it
appears and inserting ``Principal Deputy Under
Secretary''.
(2) Section heading amendments.--
(A) The heading of section 133a of such title is
amended to read as follows:
``Sec. 133a. Principal Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics''.
(B) The heading of section 134a of such title is
amended to read as follows:
``Sec. 134a. Principal Deputy Under Secretary of Defense for Policy''.
(C) The heading of section 136a of such title is
amended to read as follows:
``Sec. 136a. Principal Deputy Under Secretary of Defense for Personnel
and Readiness''.
(D) The heading of section 138a of such title, as
transferred and redesignated by subsection (b)(1) of
this section, is amended to read as follows:
``Sec. 138a. Assistant Secretary of Defense for Logistics and Materiel
Readiness''.
(3) Clerical amendments.--The table of sections at the
beginning of chapter 4 of such title is amended--
(A) by striking the item relating to section 133a
and inserting the following new item:
``133a. Principal Deputy Under Secretary of Defense for Acquisition,
Technology, and Logistics.'';
(B) by striking the items relating to sections 134a
and 134b and inserting the following new item:
``134a. Principal Deputy Under Secretary of Defense for Policy.'';
(C) by striking the item relating to section 136a
and inserting the following new item:
``136a. Principal Deputy Under Secretary of Defense for Personnel and
Readiness.'';
(D) by inserting after the item relating to section
137 the following new item:
``137a. Deputy Under Secretaries of Defense.''; and
(E) by inserting after the item relating to section
138 the following new item:
``138a. Assistant Secretary of Defense for Logistics and Materiel
Readiness.''.
(d) Executive Schedule Matters.--
(1) Level iii.--Section 5314 of title 5, United States
Code, is amended by striking the item relating to the Deputy
Under Secretary of Defense for Acquisition and Technology and
inserting the following new item:
``Principal Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics.''.
(2) Level iv.--Section 5315 of such title is amended--
(A) by striking the item relating to the Assistant
Secretaries of Defense and inserting the following new
item:
``Assistant Secretaries of Defense (16).''; and
(B) by striking the items relating to the Deputy
Under Secretary of Defense for Policy, the Deputy Under
Secretary of Defense for Personnel and Readiness, and
the Deputy Under Secretary of Defense for Logistics and
Materiel Readiness and inserting the following new
items:
``Principal Deputy Under Secretary of Defense for Policy.
``Principal Deputy Under Secretary of Defense for Personnel
and Readiness.
``Principal Deputy Under Secretary of Defense
(Comptroller).
``Principal Deputy Under Secretary of Defense for
Intelligence.''.
SEC. 902. REPEAL OF CERTAIN LIMITATIONS ON PERSONNEL AND CONSOLIDATION
OF REPORTS ON MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS
ACTIVITIES.
(a) Repeal of Certain Limitations on Personnel Assigned to Major
Headquarters Activities.--
(1) Repeals.--The following provisions of law are repealed:
(A) Section 143 of title 10, United States Code.
(B) Section 194 of such title.
(C) Sections 3014(f), 5014(f), and 8014(f) of such
title.
(D) Section 601 of the Goldwater-Nichols Department
of Defense Reorganization Act of 1986 (10 U.S.C. 194
note).
(2) Clerical amendments.--
(A) The table of sections at the beginning of
chapter 4 of title 10, United States Code, is amended
by striking the item relating to section 143.
(B) The table of sections at the beginning of
subchapter I of chapter 8 of such title is amended by
striking the item relating to section 194.
(b) Consolidated Annual Report.--
(1) Inclusion in annual defense mapower requirements
report.--Section 115a of such title 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 the
budget fiscal year.
``(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 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.''.
(2) Technical amendments to reflect name of report.--
(A) Subsection (a) of such section 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:
``1115a. Annual defense manpower requirements report.''.
(3) Conforming repeals.--The following provisions of law
are repealed:
(A) Subsections (b) and (c) of section 901 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 272).
(B) Section 1111 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4619).
SEC. 903. SENSE OF SENATE ON THE WESTERN HEMISPHERE INSTITUTE FOR
SECURITY COOPERATION.
(a) Findings.--The Senate makes the following findings:
(1) The Western Hemisphere Institute for Security
Cooperation was established by section 911 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-
226).
(2) The Western Hemisphere Institute for Security
Cooperation provides professional education and training to
military personnel, law enforcement officials, and civilian
personnel in support of the democratic principles set forth in
the Charter of the Organization of American States. The
Institute effectively promotes mutual knowledge, transparency,
confidence, and cooperation among participating nations. It
also effectively builds strategic partnerships to address the
great security challenges in the region while encouraging
democratic values, respect for human rights, subordination to
civilian authority, and understanding of United States customs
and traditions.
(3) The Western Hemisphere Institute for Security
Cooperation supports the Security Cooperation Guidance of the
Secretary of Defense by addressing the building partner
capacity education and training needs of the United States
Southern Command and the United States Northern Command.
(4) In a joint letter, dated April 9, 2009, General
Renuart, the Commander of the United States Northern Command,
and Admiral Stavridis, the Commander of the United States
Southern Command, write ``[t]he outstanding service that
WHINSEC provides directly supports the United States Southern
Command's and United States Northern Command's strategic
objective of fostering lasting partnerships that will ensure
security, enhance stability, and enable prosperity throughout
the Americas'' and notes that the Institute provides
``culturally-sensitive training, with a strong emphasis on the
values of democracy and human rights''.
(5) In establishing the Western Hemisphere Institute for
Security Cooperation, Congress mandates that participants at
the Institute receive a minimum of 8 hours of instruction on
human rights, due process, the rule of law, the role of the
Armed Forces in a democratic society, and civilian control of
the military. Every course devotes at least 10 percent of its
course work to democracy, ethics, and human rights issues. The
Institute is also required to develop a curriculum that
includes leadership development, counterdrug operations,
peacekeeping, resource management, and disaster relief
planning. In fiscal year 2008, the Institute presented 39
courses and hosted 1,196 students in residence at Fort Benning,
Georgia, of whom 292 were police personnel, and trained an
additional 280 students through the Mobile Training Team
programs of the Institute.
(6) Congress mandated the formation of a Federal advisory
committee--an oversight committee unique to the Western
Hemisphere Institute for Security Cooperation. It provides
recommendations and an independent review of the Institute and
its curriculum to ensure the uniform adherence of the Institute
to United States law, regulations, and policies. The Board of
Visitors of the Institute includes the Chairman and Ranking
Member of the Committee on Armed Services of the Senate, the
Chairman and Ranking Member of the Committee on Armed Services
of the House of Representatives, the Secretary of State, the
Commander of the United States Southern Command, the Commander
of the United States Northern Command, the Commander of the
United States Training and Doctrine Command, and six members
designated by the Secretary of Defense. The six members
designated by the Secretary of Defense include, to the extent
practicable, individuals from academia and the religious and
human rights communities. In addition to the 13 members of the
Board of Visitors, advisors and subject matter experts assist
the Board in areas the Board considers necessary and
appropriate.
(7) The Western Hemisphere Institute for Security
Cooperation operates in accordance with section 8130 of the
Department of Defense Appropriations Act, 1999 (Public Law 105-
262; 112 Stat. 2335) that prohibits United States military
assistance to foreign military units that violate human rights,
including security assistance programs funded through
appropriations available for foreign operations and training
programs funded through appropriations made available for the
Department of Defense.
(8) The Western Hemisphere Institute for Security
Cooperation does not select students for participation in its
courses. A partner nation nominates students to attend the
Institute, and in accordance with the law of the United States
and the policies of the Department of Defense and the
Department of State, the United States Embassy in such partner
nation screens and conducts background checks on such nominees.
The vetting process of nominees for participation in the
Institute includes a background check by United States
embassies in partner nations, as well as checks by the Bureau
of Western Hemisphere Affairs and the Bureau of Democracy,
Human Rights, and Labor at the Department of State. The
Department of State also uses the Abuse Case Evaluation System,
a central database that aggregates human rights abuse data into
a single, searchable location, to ensure nominees have not been
accused of any human rights abuses.
(9) The training provided by the Western Hemisphere
Institute for Security Cooperation is transparent and the
Institute is open to visitors at any time. Visitors are welcome
to sit in on classes, talk with students and faculty, and
review instructional materials. Every year, the Institute hosts
more than a thousand visiting students, faculty, civilian, and
military officials.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Western Hemisphere Institute for Security
Cooperation--
(A) offers quality professional military bilingual
instruction for military officers and noncommissioned
officers that promotes democracy, subordination to
civilian authority, and respect for human rights; and
(B) is uniquely positioned to support the
modernization of Latin America security forces as they
work to transcend their own controversial pasts;
(2) the Western Hemisphere Institute for Security
Cooperation is building partner capacity which enhances
regional and global security while encouraging respect for
human rights and promoting democratic principles among eligible
military personnel, law enforcement officials, and civilians of
nations of the Western Hemisphere;
(3) the Western Hemisphere Institute for Security
Cooperation is an invaluable education and training facility
whose curriculum is not duplicated in any of the military
departments and is not replaceable by professional military
education funded by appropriations for International Military
Education and Training (IMET), which education is not conducted
in Spanish and does not concentrate on regional challenges; and
(4) the Western Hemisphere Institute for Security
Cooperation is an essential tool to educate future generations
of Latin American leaders and improve United States
relationships with partner nations that are working with the
United States to promote democracy, prosperity, and stability
in the Western Hemisphere.
SEC. 904. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE NATIONAL
GUARD BUREAU.
(a) Reestablishment of Position.--
(1) In general.--Chapter 1011 of title 10, United States
Code, is amended--
(A) by redesignating section 10505 as section
10505a; and
(B) by inserting after section 10504 the following
new section 10505:
``Sec. 10505. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the National Guard
Bureau, selected by the Secretary of Defense from officers of the Army
National Guard of the United States or the Air National Guard of the
United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
service in an active status in the National Guard; and
``(C) are in a grade above the grade of colonel.
``(2) The Chief and Vice Chief of the National Guard Bureau may not
both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves for a term
of four years, but may be removed from office at any time for cause.
``(B) The term of the Vice Chief of the National Guard Bureau shall
end within a reasonable time (as determined by the Secretary of
Defense) following the appointment of a Chief of the National Guard
Bureau who is a member of the same armed force as the Vice Chief.
``(b) Duties.--The Vice Chief of the National Guard Bureau performs
such duties as may be prescribed by the Chief of the National Guard
Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau shall be
appointed to serve in a grade decided by the Secretary of Defense.
``(d) Functions as Acting Chief.--When there is a vacancy in the
office of the Chief of the National Guard Bureau or in the absence or
disability of the Chief, the Vice Chief of the National Guard Bureau
acts as Chief and performs the duties of the Chief until a successor is
appointed or the absence of disability ceases.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1011 of such title is amended by striking
the item relating to section 10505 and inserting the following
new items:
``10505. Vice Chief of the National Guard Bureau.
``10505a. Director of the Joint Staff of the National Guard Bureau.''.
(b) Conforming Amendment.--Section 10506(a)(1) of such title is
amended by striking ``and the Director of the Joint Staff of the
National Guard Bureau'' and inserting ``, the Vice Chief of the
National Guard Bureau, and the Director of the Joint Staff of the
National Guard Bureau''.
Subtitle B--Space Matters
SEC. 911. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND
INFORMATION TO NON-UNITED STATES GOVERNMENT ENTITIES.
(a) In General.--Section 2274 of title 10, United States Code, is
amended to read as follows:
``Sec. 2274. Space situational awareness services and information:
provision to non-United States Government entities
``(a) Authority.--The Secretary of Defense may provide space
situational awareness services and information to, and may obtain space
situational awareness data and information from, non-United States
Government entities in accordance with this section. Any such action
may be taken only if the Secretary determines that such action is
consistent with the national security interests of the United States.
``(b) Eligible Entities.--The Secretary may provide services and
information under subsection (a) to, and may obtain data and
information under subsection (a) from, any non-United States Government
entity, including any of the following:
``(1) A State.
``(2) A political subdivision of a State.
``(3) A United States commercial entity.
``(4) The government of a foreign country.
``(5) A foreign commercial entity.
``(c) Agreement.--The Secretary may not provide space situational
awareness services and information under subsection (a) to a non-United
States Government entity unless that entity enters into an agreement
with the Secretary under which the entity--
``(1) agrees to pay an amount that may be charged by the
Secretary under subsection (d);
``(2) agrees not to transfer any data or technical
information received under the agreement, including the
analysis of data, to any other entity without the express
approval of the Secretary; and
``(3) agrees to any other terms and conditions considered
necessary by the Secretary.
``(d) Charges.--(1) As a condition of an agreement under subsection
(c), the Secretary may (except as provided in paragraph (2)) require
the non-United States Government entity entering into the agreement to
pay to the Department of Defense such amounts as the Secretary
determines appropriate to reimburse the Department for the costs to the
Department of providing space situational awareness services or
information under the agreement.
``(2) The Secretary may not require the government of a State, or
of a political subdivision of a State, to pay any amount under
paragraph (1).
``(e) Crediting of Funds Received.--(1) Funds received for the
provision of space situational awareness services or information
pursuant to an agreement under this section shall be credited, at the
election of the Secretary, to the following:
``(A) The appropriation, fund, or account used in incurring
the obligation.
``(B) An appropriate appropriation, fund, or account
currently available for the purposes for which the expenditures
were made.
``(2) Funds credited under paragraph (1) shall be merged with, and
remain available for obligation with, the funds in the appropriation,
fund, or account to which credited.
``(f) Procedures.--The Secretary shall establish procedures by
which the authority under this section shall be carried out. As part of
those procedures, the Secretary may allow space situational awareness
services or information to be provided through a contractor of the
Department of Defense.
``(g) Nondisclosure.--Any information received under subsection
(a), records of agreements entered into under subsection (c), and
analyses or data provided as a part of the provision of services or
information under this section shall be exempt from disclosure under
section 552(b)(3) of title 5.
``(h) Immunity.--The United States, any agencies and
instrumentalities thereof, and any individuals, firms, corporations,
and other persons acting for the United States, shall be immune from
any suit in any court for any cause of action arising from the
provision or receipt of space situational awareness services or
information, whether or not provided in accordance with this section,
or any related action or omission.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 135 of such title is amended by striking the item relating to
section 2274 and inserting the following new item:
``2274. Space situational awareness services and information: provision
to non-United States Government
entities.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2009, or the date of the enactment of this Act,
whichever is later.
SEC. 912. PLAN FOR MANAGEMENT AND FUNDING OF NATIONAL POLAR-ORBITING
OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM.
(a) In General.--The Secretary of Defense, the Secretary of
Commerce, and the Administrator of the National Aeronautics and Space
Administration shall jointly develop a plan for the management and
funding of the National Polar-Orbiting Operational Environmental
Satellite System Program (in this section referred to as the
``Program'') by the Department of Defense, the Department of Commerce,
and the National Aeronautics and Space Administration.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) Requirements for the Program.
(2) The management structure of the Program.
(3) A funding profile for the Program for each year of the
Program for the Department of Defense, the Department of
Commerce, and the National Aeronautics and Space
Administration.
(c) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated for fiscal year 2010 by section 201(a)(3) for research,
development, test, and evaluation for the Air Force and available for
the Program, not more than 50 percent of such amounts may be obligated
or expended before the date on which the plan developed under
subsection (a) is submitted to the congressional defense committees,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives.
(d) Sense of Senate.--It is the sense of the Senate that--
(1) the National Polar-Orbiting Operational Environmental
Satellite System Program, including the sensors, satellites,
and orbits included in the Program, should be maintained;
(2) the National Polar-Orbiting Operational Environmental
Satellite System preparatory project should be managed and
treated as an operational satellite;
(3) the responsibility of Department of Defense milestone
decision authority for the Program should be delegated to the
Department of Defense Executive Agent for Space, and the
Department of Defense Executive Agent for Space should become
the member of the Tri-Agency Executive Committee from the
Department of Defense;
(4) the Program Executive Office of the Program should
report directly to and take direction exclusively from the Tri-
Agency Executive Committee;
(5) the acquisition procedures of the Department of Defense
should continue to be used in the Program;
(6) the Administrator of the National Aeronautics and Space
Administration and the Secretary of the Air Force should make
support from the Goddard Space Flight Center and the Space and
Missile Systems Center, respectively, available for the
Program, as needed;
(7) the budget for the Program should not be less than the
estimate of the Cost Analysis Improvement Group of the
Department of Defense for the Program;
(8) the Program should continue to be managed by a single
program manager;
(9) the Program should be managed as a long-term
operational program; and
(10) once all requirements for the Program are fully agreed
to by the Secretary of Defense, the Secretary of Commerce, and
the Administrator of the National Aeronautics and Space
Administration, the Program should be executed with no
modifications to those requirements that would increase the
cost, or extend the schedule, of the Program.
Subtitle C--Intelligence Matters
SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN AUTHORITY TO USE
PROCEEDS FROM COUNTERINTELLIGENCE OPERATIONS.
(a) In General.--Section 423 of title 10, United States Code, is
amended by inserting ``and the Defense Intelligence Agency'' after
``the military departments'' each place it appears in subsections (a)
and (c).
(b) Conforming Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 423. Authority to use proceeds from counterintelligence
operations of the military departments and the Defense
Intelligence Agency''.
(2) Table of sections.--The table of sections at the
beginning of chapter 21 of such title is amended by striking
the item relating to section 423 and inserting the following
new item:
``423. Authority to use proceeds from counterintelligence operations of
the military departments and the Defense
Intelligence Agency.''.
Subtitle D--Other Matters
SEC. 931. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment.--Chapter 104 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2118. United States Military Cancer Institute
``(a) Establishment.--The Secretary of Defense shall establish in
the University the United States Military Cancer Institute. The
Institute shall be established pursuant to regulations prescribed by
the Secretary.
``(b) Purposes.--The purposes of the Institute are as follows:
``(1) To establish and maintain a clearinghouse of data on
the incidence and prevalence of cancer among members and former
members of the armed forces.
``(2) To conduct research that contributes to the detection
or treatment of cancer among the members and former members of
the armed forces.
``(c) Head of Institute.--The Director of the United States
Military Cancer Institute is the head of the Institute. The Director
shall report to the President of the University regarding matters
relating to the Institute.
``(d) Elements.--(1) The Institute is composed of clinical and
basic scientists in the Department of Defense who have an expertise in
research, patient care, and education relating to oncology and who meet
applicable criteria for affiliation with the Institute.
``(2) The components of the Institute include military treatment
and research facilities that meet applicable criteria and are
designated as affiliates of the Institute.
``(e) Research.--(1) The Director of the United States Military
Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins within
the members of the armed forces.
``(B) The prevention and early detection of cancer among
members and former members of the armed forces.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs (A)
and (B).
``(2) The research studies under paragraph (1) shall include
complementary research on oncologic nursing.
``(f) Collaborative Research.--The Director of the United States
Military Cancer Institute shall carry out the research studies under
subsection (e) in collaboration with other cancer research
organizations and entities selected by the Institute for purposes of
the research studies.
``(g) Annual Report.--(1) Not later than November 1 each year, the
Director of the United States Military Cancer Institute shall submit to
the President of the University a report on the current status of the
research studies being carried out by the Institute under subsection
(e).
``(2) Not later than 60 days after receiving a report under
paragraph (1), the President of the University shall transmit such
report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 104 of such title is amended by adding at the end the following
new item:
``2118. United States Military Cancer Institute.''.
SEC. 932. INSTRUCTION OF PRIVATE SECTOR EMPLOYEES IN CYBER SECURITY
COURSES OF THE DEFENSE CYBER INVESTIGATIONS TRAINING
ACADEMY.
(a) Authority To Receive Instruction.--
(1) In general.--The Secretary of Defense may permit
eligible private sector employees to enroll in and receive
instruction at the Defense Cyber Investigations Training
Academy operated under the direction of the Defense Cyber Crime
Center.
(2) Limitation.--Not more than the equivalent of 200 full-
time student positions at the Defense Cyber Investigations
Training Academy may be filled at any one time by private
sector employees enrolled under this section.
(3) Certification.--Upon successful completion of a course
of instruction at the Defense Cyber Investigations Training
Academy under this section, a private sector employee may be
awarded an appropriate certification or diploma.
(b) Eligible Private Sector Employees.--
(1) In general.--For purposes of this section, an eligible
private sector employee is an individual employed by a private
entity, as determined by the Secretary--
(A) that is engaged in providing to the Department
of Defense or other departments or agencies of the
Federal Government significant and substantial defense-
related systems, products, or services; or
(B) whose work product is relevant to national
security policy or strategy.
(2) Duration of treatment.--An individual is eligible for
treatment as a private sector employee for purposes of this
section only so long as the individual remains employed by a
private entity described in paragraph (1).
(c) Curricula Open to Enrollees.--The curricula of instruction for
which eligible private sector employees may enroll at the Defense Cyber
Investigations Training Academy under this section may only include
curricula of instruction otherwise offered by the Academy that, as
determined by the Secretary, are not readily available through other
educational institutions.
(d) Tuition.--A private sector employee enrolled at the Defense
Cyber Investigations Training Academy under this section shall be
charged tuition at a rate equal to the rate charged for civilian
employees of the Federal Government at the Academy.
(e) Standards of Conduct.--While receiving instruction at the
Defense Cyber Investigations Training Academy under this section,
private sector employees enrolled at the Academy under this section
shall, to the extent practicable, be subject to the same regulations
governing academic performance, attendance, norms of behavior, and
enrollment as apply to civilian employees of the Federal Government
receiving instruction at the Academy.
(f) Use of Funds.--Notwithstanding section 3302 of title 31, United
States Code, or any other provision of law, amounts received by the
Defense Cyber Investigations Training Academy for the instruction of
private sector employees enrolled under this section shall be retained
by the Academy to defray the costs of such instruction. The source and
disposition of funds so retained and utilized shall be specifically
identified in records of the Academy.
SEC. 933. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED AIRCRAFT.
(a) In General.--The Secretary of Defense and the Secretary of
Transportation shall, after consultation with the Secretary of Homeland
Security, jointly develop a plan for providing access to the national
airspace for unmanned aircraft of the Department of Defense.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A description of how the Department of Defense and the
Department of Transportation will communicate and cooperate, at
the executive, management, and action levels, to provide access
to the national airspace for unmanned aircraft of the
Department of Defense.
(2) Specific milestones, aligned to operational and
training needs, for providing access to the national airspace
for unmanned aircraft and a transition plan for sites
programmed to be activated as unmanned aerial system sites
during fiscal years 2010 through 2015.
(3) Recommendations for policies with respect to use of the
national airspace, flight standards, and operating procedures
that should be implemented by the Department of Defense and the
Department of Transportation to accommodate unmanned aircraft
assigned to any State or territory of the United States.
(4) An identification of resources required by the
Department of Defense and the Department of Transportation to
execute the plan.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Transportation shall submit to the congressional defense committees,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure of the House of
Representatives a report containing the plan required by subsection
(a).
TITLE X--GENERAL PROVISIONS
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) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(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).
(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. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE DEPARTMENT OF
DEFENSE.
(a) Audit Readiness Objectives.--It shall be the objective of the
Department of Defense to ensure that--
(1) the financial statements of the Department of the Army
are validated as ready for audit by not later than March 31,
2017;
(2) the financial statements of the Department of the Navy
are validated as ready for audit by not later than March 31,
2016;
(3) the financial statements of the Department of the Air
Force are validated as ready for audit by not later than
September 30, 2016;
(4) the financial statements of the Defense Logistics
Agency are validated as ready for audit by not later than
September 30, 2017; and
(5) the financial statements of the Department of Defense
are validated as ready for audit by not later than September
30, 2017.
(b) Adjustment of Deadline for Objectives.--
(1) In general.--In the event that the appropriate chief
management officer determines that the Department of Defense, a
military department, or the Defense Logistics Agency will be
unable to meet the deadline for an objective as specified in
subsection (a), the chief management officer may adjust the
deadline for meeting such objective.
(2) Report.--Not later than 30 days after adjusting the
deadline for an objective pursuant to paragraph (1), the chief
management officer concerned shall submit to the congressional
defense committees a report setting forth--
(A) a statement of the reasons why the Department
of Defense, the military department, or the Defense
Logistics Agency, as applicable, will be unable to meet
the deadline for such objective;
(B) a proposed completion date for the achievement
of compliance with such objective; and
(C) a description of the actions that have been
taken and are planned to be taken by the Department of
Defense, the military department, or the Defense
Logistics Agency, as applicable, to meet such
objective.
(3) Appropriate chief management officer.--For the purposes
of this subsection, the appropriate chief management officer is
as follows:
(A) For the objective in subsection (a)(1), the
Chief Management Officer of the Army.
(B) For the objective in subsection (a)(2), the
Chief Management Officer of the Navy.
(C) For the objective in subsection (a)(3), the
Chief Management Officer of the Air Force.
(D) For the objective in subsection (a)(4), the
Deputy Chief Management Officer of the Department of
Defense.
(E) For the objective in subsection (a)(5), the
Chief Management Officer of the Department of Defense.
(c) Financial Improvement Audit Readiness Plan.--
(1) In general.--The Chief Management Officer of the
Department of Defense shall, in consultation with the Under
Secretary of Defense (Comptroller), develop and maintain a plan
to be known as the ``Financial Improvement and Audit Readiness
Plan''.
(2) Elements.--The plan required by paragraph (1) shall--
(A) describe specific actions to be taken to--
(i) correct financial management
deficiencies that impair the ability of the
Department of Defense to prepare timely,
reliable, and complete financial management
information; and
(ii) meet the objectives specified in
subsection (a); and
(B) systematically tie the actions described under
subparagraph (A) to process and control improvements
and business systems modernization efforts described in
the business enterprise architecture and transition
plan required by section 2222 of title 10, United
States Code.
(d) Semi-annual Reports on Financial Improvement and Audit
Readiness Plan.--
(1) In general.--Not later than May 15 and November 15 each
year, the Under Secretary of Defense (Comptroller) shall submit
to the congressional defense committees a report on the status
of the implementation by the Department of Defense of the
Financial Improvement and Audit Readiness Plan required by
subsection (c).
(2) Elements.--Each report under paragraph (1) shall
include, at a minimum--
(A) an overview of the steps the Department has
taken or plans to take to meet the objectives specified
in subsection (a), including any interim objectives
established by the Department for that purpose; and
(B) a description of any impediments identified in
the efforts of the Department to meet such objectives,
and of the actions the Department has taken or plans to
take to address such impediments.
(3) Additional issues to be addressed in first report.--The
first report submitted under paragraph (1) after the date of
the enactment of this Act shall address, in addition to the
elements required by paragraph (2), the actions taken or to be
taken by the Department as follows:
(A) To develop standardized guidance for financial
improvement plans by components of the Department.
(B) To establish a baseline of financial management
capabilities and weaknesses at the component level of
the Department.
(C) To provide results-oriented metrics for
measuring and reporting quantifiable results toward
addressing financial management deficiencies.
(D) To define the oversight roles of the Chief
Management Officer of the Department of Defense, the
chief management officers of the military departments,
and other appropriate elements of the Department to
ensure that the requirements of the Financial
Improvement and Audit Readiness Plan are carried out.
(E) To assign accountability for carrying out
specific elements of the Financial Improvement and
Audit Readiness Plan to appropriate officials and
organizations at the component level of the Department.
(F) To develop mechanisms to track budgets and
expenditures for the implementation of the requirements
of the Financial Improvement and Audit Readiness Plan.
(e) Relationship to Existing Law.--The requirements of this section
shall be implemented in a manner that is consistent with the
requirements of section 1008 of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C.
2222 note).
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. TEMPORARY REDUCTION IN MINIMUM NUMBER OF AIRCRAFT CARRIERS
IN ACTIVE SERVICE.
Notwithstanding section 5062(b) of title 10, United States Code,
during the period beginning on the date of the decommissioning of the
U.S.S. Enterprise (CVN 65) 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.
SEC. 1012. REPEAL OF POLICY RELATING TO THE MAJOR COMBATANT VESSELS OF
THE STRIKE FORCES OF THE UNITED STATES NAVY.
Section 1012 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 303) is repealed.
SEC. 1013. SENSE OF SENATE ON THE MAINTENANCE OF A 313-SHIP NAVY.
(a) Findings.--The Senate makes the following findings:
(1) The Department of the Navy has a stated requirement for
a 313-ship fleet.
(2) The Navy can better meet this requirement--
(A) by procuring sufficient numbers of new ships;
and
(B) by ensuring the sound material condition of
existing ships that will enable the Navy to utilize
them for their full planned service lives.
(3) When procuring new classes of ships, the Navy must
exercise greater caution than it has exhibited to date in
proceeding from one stage of the acquisition cycle to the next
before a ship program has achieved a level of maturity that
significantly lowers the risk of cost growth and schedule
slippage.
(4) In retaining existing assets, the Navy can do a much
better job of achieving the full planned service lives of ships
and extending the service lives of certain ships so as to keep
their unique capabilities in the fleet while the Navy takes the
time necessary to develop and field next-generation
capabilities under a low risk program.
(5) The Navy can undertake certain development approaches
that can help the Navy control the total costs of ownership of
a ship or class of ships, including emphasizing common hull
designs, open architecture combat systems, and other common
ship systems in order to achieve efficiency in acquiring and
supporting various classes of ships.
(6) The Navy needs to continue its efforts toward achieving
an open architecture for existing combat systems, as this will
have great benefit in reducing the costs and risks of fielding
new classes of ships, and will yield recurring savings from
reducing the costs of buying later ships in a program and
reducing life cycle support costs for ships and classes of
ships.
(7) The Navy can also undertake other measures to acquire
new ships and maintain the current fleet with greater
efficiency, including--
(A) greater use of fixed-price contracts;
(B) maximizing competition (or the option of
competition) throughout the life cycle of its ships;
(C) entering into multiyear contracts when
warranted; and
(D) employing an incremental approach to developing
new technologies.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Navy should meet its requirement for a 313-ship
fleet;
(2) the Navy should take greater care to achieve the full
planned service life of existing ships and reduce the incidence
of early ship decommissioning;
(3) the Navy should exercise greater restraint on the
acquisition process for ships in order to achieve on-time, on-
cost shipbuilding programs; and
(4) Congress should support the Navy when it is acting
responsibly to undertake measures that can help the Navy
achieve the requirement for a 313-ship fleet and maintain a
fleet that is adequate to meet the national security needs of
the United States.
SEC. 1014. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA'S SHIP OF
STATE.
(a) Findings.--Congress makes the following findings:
(1) The 3rd Congress authorized, in the Act entitled ``An
Act to Provide a Naval Armament'', approved on March 27, 1794
(1 Stat. 350, Chap. XII), the construction of six frigates as
the first ships to be built for the United States Navy.
(2) One of the six frigates was built in Boston between
1794 and 1797, and is the only one of the original six ships to
survive.
(3) President George Washington named this frigate
``Constitution'' to represent the Nation's founding document.
(4) President Thomas Jefferson, asserting the right of the
United States to trade on the high seas, dispatched the frigate
Constitution in 1803 as the flagship of the Mediterranean
Squadron to end the depredations of the Barbary States against
United States ships and shipping, which led to a treaty being
signed with the Bashaw of Tripoli in the Captain's cabin aboard
the frigate Constitution on June 4, 1805.
(5) The frigate Constitution, with her defeat of HMS
Guerriere, secured the first major victory by the young United
States Navy against the Royal Navy during the War of 1812,
gaining in the process the nickname ``Old Ironsides'', which
she has proudly carried since.
(6) Congress awarded gold medals to four of the ship's
commanding officers (Preble, Hull, Stewart, and Bainbridge), a
record unmatched by any other United States Navy vessel.
(7) The frigate Constitution emerged from the War of 1812
undefeated, having secured victories over three additional
ships of the Royal Navy.
(8) As early as May 1815, the frigate Constitution had
already been adopted as a symbol of the young Republic, as
attested by the [Washington] National Intelligencer which
proclaimed, ``Let us keep `Old Ironsides' at home. She has,
literally become the Nation's Ship . . . and should thus be
preserved . . . in honorable pomp, as a glorious Monument of
her own, and our other Naval Victories.''.
(9) Rumors in 1830 that ``Old Ironsides,'' an aging
frigate, was about to be scrapped resulted in a public uproar
demanding that the ship be restored and preserved, spurred by
Oliver Wendell Holmes' immortal poem ``Old Ironsides''.
(10) ``Old Ironsides'' circumnavigated the world between
1844 and 1846, showing the American flag as she searched for
future coaling stations that would eventually fuel the steam-
powered navy of the United States.
(11) The first Pope to set foot on United States sovereign
territory was Pius IX onboard the frigate Constitution in 1849.
(12) ``Old Ironsides'' helped evacuate the United States
Naval Academy from Annapolis, Maryland, to Newport, Rhode
Island, in 1860 to prevent this esteemed ship from falling into
Confederate hands.
(13) Congressman John F. ``Honey Fitz'' Fitzgerald
introduced legislation in 1896 to return ``Old Ironsides'' from
the Portsmouth (New Hampshire) Naval Shipyard, where she was
moored pier side and largely forgotten, to Boston for her 100th
birthday.
(14) Thousands of school children contributed pennies
between 1925 an 1927 to help fund a much needed restoration for
``Old Ironsides''.
(15) Between 1931 and 1934, more than 4,500,000 Americans
gained inspiration, at the depth of the Great Depression, by
going aboard ``Old Ironsides'' as she was towed to 76 ports on
the Atlantic, Gulf, and Pacific coasts.
(16) The 83rd Congress enacted the Act of July 23, 1954 (68
Stat. 527, chapter 565), which directed the Secretary of the
Navy to transfer to the States and appropriate commissions four
other historic ships then on the Navy inventory, and to repair
and equip U.S.S. Constitution, as much as practicable, to her
original condition, but not for active service.
(17) Queen Elizabeth II paid a formal visit to U.S.S.
Constitution in 1976, at the start of her state visit marking
the Bicentennial of the United States.
(18) The U.S.S. Constitution, in celebration of her
bicentennial, returned to sea under sail on July 21, 1997 for
the first time since 1881, proudly setting sails purchased by
the contributions of thousands of pennies given by school
children across the United States.
(19) The U.S.S. Constitution is the oldest commissioned
warship afloat in the world.
(20) The U.S.S. Constitution is a National Historic
Landmark.
(21) The U.S.S. Constitution continues to perform official,
ceremonial duties, including in recent years hosting a
congressional dinner honoring the late Senator John Chafee of
Rhode Island, a special salute for the dedication of the John
Moakley Federal Courthouse, a luncheon honoring British
Ambassador Sir David Manning, and a special underway
demonstration during which 60 Medal of Honor recipients each
received a personal Medal of Honor flag.
(22) The U.S.S. Constitution celebrated on October 21,
2007, the 210th anniversary of her launching.
(23) The U.S.S. Constitution will remain a commissioned
ship in the United States Navy, with the Navy retaining control
of the ship, its material condition, and its employment.
(24) The U.S.S. Constitution's primary mission will remain
education and public outreach, and any Ship of State functions
will be an adjunct to the ship's primary mission.
(b) Designation as America's Ship of State.--
(1) In general.--The U.S.S. Constitution is hereby
designated as ``America's Ship of State''.
(2) References.--The U.S.S. Constitution may be known or
referred to as ``America's Ship of State''.
(3) Sense of congress.--It is the sense of Congress that
the President, Vice President, executive branch officials, and
members of Congress should utilize the U.S.S. Constitution for
the conducting of pertinent matters of state, such as hosting
visiting heads of state, signing legislation relating to the
Armed Forces, and signing maritime related treaties.
(4) Fee or reimbursement structure for non-department of
the navy use.--The Secretary of the Navy shall determine an
appropriate fee or reimbursement structure for any non-
Department of the Navy entities using the U.S.S. Constitution
for Ship of State purposes.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN
FOREIGN GOVERNMENTS.
(a) Extension of Authority.--Subsection (a)(2) of section 1033 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1881), as amended by section 1021 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1593), section 1022 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2137), section 1022 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), and section 1024
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''.
(b) Maximum Annual Amount of Support.--Subsection (e)(2) of such
section is amended--
(1) by striking ``or'' before ``$75,000,000''; and
(2) by striking the period at the end and inserting ``, or
$100,000,000 during fiscal year 2010.''.
(c) Conditions on Provision of Support.--Subsection (f)(2) of such
section is amended in the matter preceding subparagraph (A) by striking
``for fiscal year 2009 to carry out this section and the first fiscal
year in which the support is to be provided'' and inserting ``and
available for support''.
(d) Counter-drug Plan.--Subsection (h) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2009'' and inserting ``for each fiscal year'';
and
(2) in paragraph (7), by striking ``fiscal year 2009, and
thereafter, for the first fiscal year in which support is to be
provided'' and inserting ``each fiscal year in which support is
to be provided a government''.
SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR JOINT TASK FORCES
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
(a) One-year Extension.--Subsection (b) of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371
note) is amended by striking ``2009'' and inserting ``2010''.
(b) Annual Report.--Subsection (c) of such section is amended to
read as follows:
``(c) Annual Report.--Not later than December 31 of each year after
2008 in which the authority in subsection (a) is in effect, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth, for the one-year period ending on
the date of such report, the following:
``(1) An assessment of the effect on counter-drug and
counter-terrorism activities and objectives of using counter-
drug funds of a joint task force to provide counterterrorism
support authorized by subsection (a).
``(2) A description of the type of support and any
recipient of support provided under subsection (a).
``(3) A list of current joint task forces conducting
counter-drug operations.''.
SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUPPORT 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
amended by section 1023 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2382) and 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)(1), by striking ``2009'' and
inserting ``2010''; and
(2) in subsection (c), by striking ``2009'' and inserting
``2010''.
Subtitle D--Military Commissions
SEC. 1031. MILITARY COMMISSIONS.
(a) In General.--Chapter 47A of title 10, United States Code, is
amended to read as follows:
``CHAPTER 47A--MILITARY COMMISSIONS
``SUBCHAPTER Sec.
``I. General Provisions..................................... 948a.
``II. Composition of Military Commissions................... 948h.
``III. Pre-Trial Procedure.................................. 948q.
``IV. Trial Procedure....................................... 949a.
``V. Classified Information Procedures...................... 949p-1.
``VI. Sentences............................................. 949s.
``VII. Post-Trial Procedures and Review of Military 950a.
Commissions.
``VIII. Punitive Matters.................................... 950p.
``SUBCHAPTER I--GENERAL PROVISIONS
``Sec.
``948a. Definitions.
``948b. Military commissions generally.
``948c. Persons subject to military commissions.
``948d. Jurisdiction of military commissions.
``Sec. 948a. Definitions
``In this chapter:
``(1) Alien.--The term `alien' means an individual who is
not a citizen of the United States.
``(2) Classified information.--The term `classified
information' means the following:
``(A) Any information or material that has been
determined by the United States Government pursuant to
statute, Executive order, or regulation to require
protection against unauthorized disclosure for reasons
of national security.
``(B) Any restricted data, as that term is defined
in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
``(3) Coalition partner.--The term `coalition partner',
with respect to hostilities engaged in by the United States,
means any State or armed force directly engaged along with the
United States in such hostilities or providing direct
operational support to the United States in connection with
such hostilities.
``(4) Geneva convention relative to the treatment of
prisoners of war.--The term `Geneva Convention Relative to the
Treatment of Prisoners of War' means the Convention Relative to
the Treatment of Prisoners of War, done at Geneva August 12,
1949 (6 UST 3316).
``(5) Geneva conventions.--The term `Geneva Conventions'
means the international conventions signed at Geneva on August
12, 1949.
``(6) Privileged belligerent.--The term `privileged
belligerent' means an individual belonging to one of the eight
categories enumerated in Article 4 of the Geneva Convention
Relative to the Treatment of Prisoners of War.
``(7) Unprivileged enemy belligerent.--The term
`unprivileged enemy belligerent' means an individual (other
than a privileged belligerent) who--
``(A) has engaged in hostilities against the United
States or its coalition partners;
``(B) has purposefully and materially supported
hostilities against the United States or its coalition
partners; or
``(C) is a member of al Qaeda.
``(8) National security.--The term `national security'
means the national defense and foreign relations of the United
States.
``Sec. 948b. Military commissions generally
``(a) Purpose.--This chapter establishes procedures governing the
use of military commissions to try alien unprivileged enemy
belligerents for violations of the law of war and other offenses
triable by military commission.
``(b) Authority for Military Commissions Under This Chapter.--The
President is authorized to establish military commissions under this
chapter for offenses triable by military commission as provided in this
chapter.
``(c) Construction of Provisions.--The procedures for military
commissions set forth in this chapter are based upon the procedures for
trial by general courts-martial under chapter 47 of this title (the
Uniform Code of Military Justice). Chapter 47 of this title does not,
by its terms, apply to trial by military commission except as
specifically provided therein or in this chapter, and many of the
provisions of chapter 47 of this title are by their terms inapplicable
to military commissions. The judicial construction and application of
chapter 47 of this title, while instructive, is therefore not of its
own force binding on military commissions established under this
chapter.
``(d) Inapplicability of Certain Provisions.--(1) The following
provisions of this title shall not apply to trial by military
commission under this chapter:
``(A) Section 810 (article 10 of the Uniform Code of
Military Justice), relating to speedy trial, including any rule
of courts-martial relating to speedy trial.
``(B) Sections 831(a), (b), and (d) (articles 31(a), (b),
and (d) of the Uniform Code of Military Justice), relating to
compulsory self-incrimination.
``(C) Section 832 (article 32 of the Uniform Code of
Military Justice), relating to pretrial investigation.
``(2) Other provisions of chapter 47 of this title shall apply to
trial by military commission under this chapter only to the extent
provided by the terms of such provisions or by this chapter.
``(e) Treatment of Rulings and Precedents.--The findings, holdings,
interpretations, and other precedents of military commissions under
this chapter may not be introduced or considered in any hearing, trial,
or other proceeding of a court-martial convened under chapter 47 of
this title. The findings, holdings, interpretations, and other
precedents of military commissions under this chapter may not form the
basis of any holding, decision, or other determination of a court-
martial convened under that chapter.
``(f) Geneva Conventions Not Establishing Private Right of
Action.--No alien unprivileged enemy belligerent subject to trial by
military commission under this chapter may invoke the Geneva
Conventions as a basis for a private right of action.
``Sec. 948c. Persons subject to military commissions
``Any alien unprivileged enemy belligerent having engaged in
hostilities or having supported hostilities against the United States
is subject to trial by military commission as set forth in this
chapter.
``Sec. 948d. Jurisdiction of military commissions
``A military commission under this chapter shall have jurisdiction
to try persons subject to this chapter for any offense made punishable
by this chapter, sections 904 and 906 of this title (articles 104 and
106 of the Uniform Code of Military Justice), or the law of war, and
may, under such limitations as the President may prescribe, adjudge any
punishment not forbidden by this chapter, including the penalty of
death when specifically authorized under this chapter. A military
commission is a competent tribunal to make a finding sufficient for
jurisdiction.
``SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS
``Sec.
``948h. Who may convene military commissions.
``948i. Who may serve on military commissions.
``948j. Military judge of a military commission.
``948k. Detail of trial counsel and defense counsel.
``948l. Detail or employment of reporters and interpreters.
``948m. Number of members; excuse of members; absent and additional
members.
``Sec. 948h. Who may convene military commissions
``Military commissions under this chapter may be convened by the
Secretary of Defense or by any officer or official of the United States
designated by the Secretary for that purpose.
``Sec. 948i. Who may serve on military commissions
``(a) In General.--Any commissioned officer of the armed forces on
active duty is eligible to serve on a military commission under this
chapter, including commissioned officers of the reserve components of
the armed forces on active duty, commissioned officers of the National
Guard on active duty in Federal service, or retired commissioned
officers recalled to active duty.
``(b) Detail of Members.--When convening a military commission
under this chapter, the convening authority shall detail as members
thereof such members of the armed forces eligible under subsection (a)
who, as in the opinion of the convening authority, are best qualified
for the duty by reason of age, education, training, experience, length
of service, and judicial temperament. No member of an armed force is
eligible to serve as a member of a military commission when such member
is the accuser or a witness for the prosecution or has acted as an
investigator or counsel in the same case.
``(c) Excuse of Members.--Before a military commission under this
chapter is assembled for the trial of a case, the convening authority
may excuse a member from participating in the case.
``Sec. 948j. Military judge of a military commission
``(a) Detail of Military Judge.--A military judge shall be detailed
to each military commission under this chapter. The Secretary of
Defense shall prescribe regulations providing for the manner in which
military judges are so detailed to military commissions. The military
judge shall preside over each military commission to which he has been
detailed.
``(b) Eligibility.--A military judge shall be a commissioned
officer of the armed forces who is a member of the bar of a Federal
court, or a member of the bar of the highest court of a State, and who
is certified to be qualified for duty under section 826 of this title
(article 26 of the Uniform Code of Military Justice) as a military
judge in general courts-martial by the Judge Advocate General of the
armed force of which such military judge is a member.
``(c) Ineligibility of Certain Individuals.--No person is eligible
to act as military judge in a case of a military commission under this
chapter if he is the accuser or a witness or has acted as investigator
or a counsel in the same case.
``(d) Consultation With Members; Ineligibility to Vote.--A military
judge detailed to a military commission under this chapter may not
consult with the members except in the presence of the accused (except
as otherwise provided in section 949d of this title), trial counsel,
and defense counsel, nor may he vote with the members.
``(e) Other Duties.--A commissioned officer who is certified to be
qualified for duty as a military judge of a military commission under
this chapter may perform such other duties as are assigned to him by or
with the approval of the Judge Advocate General of the armed force of
which such officer is a member or the designee of such Judge Advocate
General.
``(f) Prohibition on Evaluation of Fitness by Convening
Authority.--The convening authority of a military commission under this
chapter shall not prepare or review any report concerning the
effectiveness, fitness, or efficiency of a military judge detailed to
the military commission which relates to his performance of duty as a
military judge on the military commission.
``Sec. 948k. Detail of trial counsel and defense counsel
``(a) Detail of Counsel Generally.--(1) Trial counsel and military
defense counsel shall be detailed for each military commission under
this chapter.
``(2) Assistant trial counsel and assistant and associate defense
counsel may be detailed for a military commission under this chapter.
``(3) Military defense counsel for a military commission under this
chapter shall be detailed as soon as practicable.
``(4) The Secretary of Defense shall prescribe regulations
providing for the manner in which trial counsel and military defense
counsel are detailed for military commissions under this chapter and
for the persons who are authorized to detail such counsel for such
military commissions.
``(b) Trial Counsel.--Subject to subsection (e), trial counsel
detailed for a military commission under this chapter must be--
``(1) a judge advocate (as that term is defined in section
801 of this title (article 1 of the Uniform Code of Military
Justice)) who is--
``(A) a graduate of an accredited law school or is
a member of the bar of a Federal court or of the
highest court of a State; and
``(B) certified as competent to perform duties as
trial counsel before general courts-martial by the
Judge Advocate General of the armed force of which he
is a member; or
``(2) a civilian who is--
``(A) a member of the bar of a Federal court or of
the highest court of a State; and
``(B) otherwise qualified to practice before the
military commission pursuant to regulations prescribed
by the Secretary of Defense.
``(c) Military Defense Counsel.--Subject to subsection (e),
military defense counsel detailed for a military commission under this
chapter must be a judge advocate (as so defined) who is--
``(1) a graduate of an accredited law school or is a member
of the bar of a Federal court or of the highest court of a
State; and
``(2) certified as competent to perform duties as defense
counsel before general courts-martial by the Judge Advocate
General of the armed force of which he is a member.
``(d) Chief Prosecutor; Chief Defense Counsel.--(1) The Chief
Prosecutor in a military commission under this chapter shall meet the
requirements set forth in subsection (b)(1).
``(2) The Chief Defense Counsel in a military commission under this
chapter shall meet the requirements set forth in subsection (c)(1).
``(e) Ineligibility of Certain Individuals.--No person who has
acted as an investigator, military judge, or member of a military
commission under this chapter in any case may act later as trial
counsel or military defense counsel in the same case. No person who has
acted for the prosecution before a military commission under this
chapter may act later in the same case for the defense, nor may any
person who has acted for the defense before a military commission under
this chapter act later in the same case for the prosecution.
``Sec. 948l. Detail or employment of reporters and interpreters
``(a) Court Reporters.--Under such regulations as the Secretary of
Defense may prescribe, the convening authority of a military commission
under this chapter shall detail to or employ for the military
commission qualified court reporters, who shall prepare a verbatim
record of the proceedings of and testimony taken before the military
commission.
``(b) Interpreters.--Under such regulations as the Secretary of
Defense may prescribe, the convening authority of a military commission
under this chapter may detail to or employ for the military commission
interpreters who shall interpret for the military commission, and, as
necessary, for trial counsel and defense counsel for the military
commission, and for the accused.
``(c) Transcript; Record.--The transcript of a military commission
under this chapter shall be under the control of the convening
authority of the military commission, who shall also be responsible for
preparing the record of the proceedings of the military commission.
``Sec. 948m. Number of members; excuse of members; absent and
additional members
``(a) Number of Members.--(1) A military commission under this
chapter shall, except as provided in paragraph (2), have at least five
members.
``(2) In a case in which the accused before a military commission
under this chapter may be sentenced to a penalty of death, the military
commission shall have the number of members prescribed by section
949m(c) of this title.
``(b) Excuse of Members.--No member of a military commission under
this chapter may be absent or excused after the military commission has
been assembled for the trial of a case unless excused--
``(1) as a result of challenge;
``(2) by the military judge for physical disability or
other good cause; or
``(3) by order of the convening authority for good cause.
``(c) Absent and Additional Members.--Whenever a military
commission under this chapter is reduced below the number of members
required by subsection (a), the trial may not proceed unless the
convening authority details new members sufficient to provide not less
than such number. The trial may proceed with the new members present
after the recorded evidence previously introduced before the members
has been read to the military commission in the presence of the
military judge, the accused (except as provided in section 949d of this
title), and counsel for both sides.
``SUBCHAPTER III--PRE-TRIAL PROCEDURE
``Sec.
``948q. Charges and specifications.
``948r. Compulsory self-incrimination prohibited; statements obtained
by torture or cruel, inhuman, or degrading
treatment.
``948s. Service of charges.
``Sec. 948q. Charges and specifications
``(a) Charges and Specifications.--Charges and specifications
against an accused in a military commission under this chapter shall be
signed by a person subject to chapter 47 of this title under oath
before a commissioned officer of the armed forces authorized to
administer oaths and shall state--
``(1) that the signer has personal knowledge of, or reason
to believe, the matters set forth therein; and
``(2) that they are true in fact to the best of his
knowledge and belief.
``(b) Notice to Accused.--Upon the swearing of the charges and
specifications in accordance with subsection (a), the accused shall be
informed of the charges and specifications against him as soon as
practicable.
``Sec. 948r. Compulsory self-incrimination prohibited; statements
obtained by torture or cruel, inhuman, or degrading
treatment
``(a) In General.--No person shall be required to testify against
himself at a proceeding of a military commission under this chapter.
``(b) Statements Obtained by Torture.--A statement obtained by use
of torture, whether or not under color of law, shall not be admissible
in a trial by military commission under this chapter, except against a
person accused of torture as evidence the statement was made.
``(c) Statements Obtained Through Cruel, Inhuman, or Degrading
Treatment.--A statement in which the degree of coercion is disputed may
be admissible in a trial by military commission under this chapter only
if the military judge finds that--
``(1) the totality of the circumstances renders the
statement reliable and possessing sufficient probative value;
``(2) the interests of justice would best be served by
admission of the statement into evidence; and
``(3) the interrogation methods used to obtain the
statement do not amount to cruel, inhuman, or degrading
treatment prohibited by section 1003 of the Detainee Treatment
Act of 2005 (42 U.S.C. 2000dd).
``Sec. 948s. Service of charges
``The trial counsel assigned to a case before a military commission
under this chapter shall cause to be served upon the accused and
military defense counsel a copy of the charges upon which trial is to
be had in English and, if appropriate, in another language that the
accused understands, sufficiently in advance of trial to prepare a
defense.
``SUBCHAPTER IV--TRIAL PROCEDURE
``Sec.
``949a. Rules.
``949b. Unlawfully influencing action of military commission.
``949c. Duties of trial counsel and defense counsel.
``949d. Sessions.
``949e. Continuances.
``949f. Challenges.
``949g. Oaths.
``949h. Former jeopardy.
``949i. Pleas of the accused.
``949j. Opportunity to obtain witnesses and other evidence.
``949k. Defense of lack of mental responsibility.
``949l. Voting and rulings.
``949m. Number of votes required.
``949n. Military commission to announce action.
``949o. Record of trial.
``Sec. 949a. Rules
``(a) Procedures and Rules of Evidence.--Pretrial, trial, and post-
trial procedures, including elements and modes of proof, for cases
triable by military commission under this chapter may be prescribed by
the Secretary of Defense. Such procedures may not be contrary to or
inconsistent with this chapter. Except as otherwise provided in this
chapter or chapter 47 of this title, the procedures and rules of
evidence applicable in trials by general courts-martial of the United
States shall apply in trials by military commission under this chapter.
``(b) Exceptions.--(1) The Secretary of Defense, in consultation
with the Attorney General, may make such exceptions in the
applicability in trials by military commission under this chapter from
the procedures and rules of evidence otherwise applicable in general
courts-martial as may be required by the unique circumstances of the
conduct of military and intelligence operations during hostilities or
by other practical need.
``(2) Notwithstanding any exceptions authorized by paragraph (1),
the procedures and rules of evidence in trials by military commission
under this chapter shall include, at a minimum, the following rights:
``(A) To present evidence in his defense, to cross-examine
the witnesses who testify against him, and to examine and
respond to all evidence admitted against him on the issue of
guilt or innocence and for sentencing, as provided for by this
chapter.
``(B) To be present at all sessions of the military
commission (other than those for deliberations or voting),
except when excluded under section 949d of this title.
``(C) To be represented before a military commission by
civilian counsel if provided at no expense to the Government,
and by either the defense counsel detailed or by military
counsel of the accused's own selection, if reasonably
available.
``(D) To self-representation, if the accused knowingly and
competently waives the assistance of counsel, subject to the
provisions of paragraph (4).
``(E) To the suppression of evidence that is not reliable
or probative.
``(F) To the suppression of evidence the probative value of
which is substantially outweighed by--
``(i) the danger of unfair prejudice, confusion of
the issues, or misleading the members; or
``(ii) considerations of undue delay, waste of
time, or needless presentation of cumulative evidence.
``(3) In making exceptions in the applicability in trials by
military commission under this chapter from the procedures and rules
otherwise applicable in general courts-martial, the Secretary of
Defense may provide the following:
``(A) Evidence seized outside the United States shall not
be excluded from trial by military commission on the grounds
that the evidence was not seized pursuant to a search warrant
or authorization.
``(B) A statement of the accused that is otherwise
admissible shall not be excluded from trial by military
commission on grounds of alleged coercion or compulsory self-
incrimination so long as the evidence complies with the
provisions of section 948r of this title.
``(C) Evidence shall be admitted as authentic so long as--
``(i) the military judge of the military commission
determines that there is sufficient evidence that the
evidence is what it is claimed to be; and
``(ii) the military judge instructs the members
that they may consider any issue as to authentication
or identification of evidence in determining the
weight, if any, to be given to the evidence.
``(D) Hearsay evidence not otherwise admissible under the
rules of evidence applicable in trial by general courts-martial
may be admitted in a trial by military commission only if--
``(i) the proponent of the evidence makes known to
the adverse party, sufficiently in advance to provide
the adverse party with a fair opportunity to meet the
evidence, the proponent's intention to offer the
evidence, and the particulars of the evidence
(including information on the circumstances under which
the evidence was obtained); and
``(ii) the military judge, after taking into
account all of the circumstances surrounding the taking
of the statement, the degree to which the statement is
corroborated, and the indicia of reliability within the
statement itself, determines that--
``(I) the statement is offered as evidence
of a material fact;
``(II) either--
``(aa) direct testimony from the
witness is not available as a practical
matter, taking into consideration the
physical location of the witness and
the unique circumstances of the conduct
of military and intelligence operations
during hostilities; or
``(bb) the production of the
witness would have an adverse impact on
military or intelligence operations;
and
``(III) the general purposes of the rules
of evidence and the interests of justice will
best be served by admission of the statement
into evidence.
``(4)(A) The accused in a military commission under this chapter
who exercises the right to self-representation under paragraph (2)(D)
shall conform his deportment and the conduct of the defense to the
rules of evidence, procedure, and decorum applicable to trials by
military commission.
``(B) Failure of the accused to conform to the rules described in
subparagraph (A) may result in a partial or total revocation by the
military judge of the right of self-representation under paragraph
(2)(D). In such case, the military counsel of the accused or an
appropriately authorized civilian counsel shall perform the functions
necessary for the defense.
``(c) Delegation of Authority To Prescribe Regulations.--The
Secretary of Defense may delegate the authority of the Secretary to
prescribe regulations under this chapter.
``Sec. 949b. Unlawfully influencing action of military commission
``(a) In General.--(1) No authority convening a military commission
under this chapter may censure, reprimand, or admonish the military
commission, or any member, military judge, or counsel thereof, with
respect to the findings or sentence adjudged by the military
commission, or with respect to any other exercises of its or their
functions in the conduct of the proceedings.
``(2) No person may attempt to coerce or, by any unauthorized
means, influence--
``(A) the action of a military commission under this
chapter, or any member thereof, in reaching the findings or
sentence in any case;
``(B) the action of any convening, approving, or reviewing
authority with respect to their judicial acts; or
``(C) the exercise of professional judgment by trial
counsel or defense counsel.
``(3) The provisions of this subsection shall not apply with
respect to--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing members of a command in the substantive
and procedural aspects of military commissions; or
``(B) statements and instructions given in open proceedings
by a military judge or counsel.
``(b) Prohibition on Consideration of Actions on Commission in
Evaluation of Fitness.--In the preparation of an effectiveness,
fitness, or efficiency report or any other report or document used in
whole or in part for the purpose of determining whether a commissioned
officer of the armed forces is qualified to be advanced in grade, or in
determining the assignment or transfer of any such officer or whether
any such officer should be retained on active duty, no person may--
``(1) consider or evaluate the performance of duty of any
member of a military commission under this chapter; or
``(2) give a less favorable rating or evaluation to any
commissioned officer because of the zeal with which such
officer, in acting as counsel, represented any accused before a
military commission under this chapter.
``Sec. 949c. Duties of trial counsel and defense counsel
``(a) Trial Counsel.--The trial counsel of a military commission
under this chapter shall prosecute in the name of the United States.
``(b) Defense Counsel.--(1) The accused shall be represented in his
defense before a military commission under this chapter as provided in
this subsection.
``(2) The accused may be represented by military counsel detailed
under section 948k of this title or by military counsel of the
accused's own selection, if reasonably available.
``(3) The accused may be represented by civilian counsel if
retained by the accused, provided that such civilian counsel--
``(A) is a United States citizen;
``(B) is admitted to the practice of law in a State,
district, or possession of the United States, or before a
Federal court;
``(C) has not been the subject of any sanction of
disciplinary action by any court, bar, or other competent
governmental authority for relevant misconduct;
``(D) has been determined to be eligible for access to
information classified at the level Secret or higher; and
``(E) has signed a written agreement to comply with all
applicable regulations or instructions for counsel, including
any rules of court for conduct during the proceedings.
``(4) If the accused is represented by civilian counsel, military
counsel shall act as associate counsel.
``(5) The accused is not entitled to be represented by more than
one military counsel. However, the person authorized under regulations
prescribed under section 948k of this title to detail counsel, in such
person's sole discretion, may detail additional military counsel to
represent the accused.
``(6) Defense counsel may cross-examine each witness for the
prosecution who testifies before a military commission under this
chapter.
``(7) Civilian defense counsel shall protect any classified
information received during the course of representation of the accused
in accordance with all applicable law governing the protection of
classified information, and may not divulge such information to any
person not authorized to receive it.
``Sec. 949d. Sessions
``(a) Sessions Without Presence of Members.--(1) At any time after
the service of charges which have been referred for trial by military
commission under this chapter, the military judge may call the military
commission into session without the presence of the members for the
purpose of--
``(A) hearing and determining motions raising defenses or
objections which are capable of determination without trial of
the issues raised by a plea of not guilty;
``(B) hearing and ruling upon any matter which may be ruled
upon by the military judge under this chapter, whether or not
the matter is appropriate for later consideration or decision
by the members;
``(C) if permitted by regulations prescribed by the
Secretary of Defense, receiving the pleas of the accused; and
``(D) performing any other procedural function which may be
performed by the military judge under this chapter or under
rules prescribed pursuant to section 949a of this title and
which does not require the presence of the members.
``(2) Except as provided in subsections (b), (c), and (d), any
proceedings under paragraph (1) shall be conducted in the presence of
the accused, defense counsel, and trial counsel, and shall be made part
of the record.
``(b) Deliberation or Vote of Members.--When the members of a
military commission under this chapter deliberate or vote, only the
members may be present.
``(c) Closure of Proceedings.--(1) The military judge may close to
the public all or part of the proceedings of a military commission
under this chapter.
``(2) The military judge may close to the public all or a portion
of the proceedings under paragraph (1) only upon making a specific
finding that such closure is necessary to--
``(A) protect information the disclosure of which could
reasonably be expected to cause damage to the national
security, including intelligence or law enforcement sources,
methods, or activities; or
``(B) ensure the physical safety of individuals.
``(3) A finding under paragraph (2) may be based upon a
presentation, including a presentation ex parte or in camera, by either
trial counsel or defense counsel.
``(d) Exclusion of Accused From Certain Proceedings.--The military
judge may exclude the accused from any portion of a proceeding upon a
determination that, after being warned by the military judge, the
accused persists in conduct that justifies exclusion from the
courtroom--
``(1) to ensure the physical safety of individuals; or
``(2) to prevent disruption of the proceedings by the
accused.
``Sec. 949e. Continuances
``The military judge in a military commission under this chapter
may, for reasonable cause, grant a continuance to any party for such
time, and as often, as may appear to be just.
``Sec. 949f. Challenges
``(a) Challenges Authorized.--The military judge and members of a
military commission under this chapter may be challenged by the accused
or trial counsel for cause stated to the military commission. The
military judge shall determine the relevance and validity of challenges
for cause, and may not receive a challenge to more than one person at a
time. Challenges by trial counsel shall ordinarily be presented and
decided before those by the accused are offered.
``(b) Peremptory Challenges.--The accused and trial counsel are
each entitled to one peremptory challenge, but the military judge may
not be challenged except for cause.
``(c) Challenges Against Additional Members.--Whenever additional
members are detailed to a military commission under this chapter, and
after any challenges for cause against such additional members are
presented and decided, the accused and trial counsel are each entitled
to one peremptory challenge against members not previously subject to
peremptory challenge.
``Sec. 949g. Oaths
``(a) In General.--(1) Before performing their respective duties in
a military commission under this chapter, military judges, members,
trial counsel, defense counsel, reporters, and interpreters shall take
an oath to perform their duties faithfully.
``(2) The form of the oath required by paragraph (1), the time and
place of the taking thereof, the manner of recording thereof, and
whether the oath shall be taken for all cases in which duties are to be
performed or for a particular case, shall be as provided in regulations
prescribed by the Secretary of Defense. The regulations may provide
that--
``(A) an oath to perform faithfully duties as a military
judge, trial counsel, or defense counsel may be taken at any
time by any judge advocate or other person certified to be
qualified or competent for the duty; and
``(B) if such an oath is taken, such oath need not again be
taken at the time the judge advocate or other person is
detailed to that duty.
``(b) Witnesses.--Each witness before a military commission under
this chapter shall be examined on oath.
``(c) Oath Defined.--In this section, the term `oath' includes an
affirmation.
``Sec. 949h. Former jeopardy
``(a) In General.--No person may, without his consent, be tried by
a military commission under this chapter a second time for the same
offense.
``(b) Scope of Trial.--No proceeding in which the accused has been
found guilty by military commission under this chapter upon any charge
or specification is a trial in the sense of this section until the
finding of guilty has become final after review of the case has been
fully completed.
``Sec. 949i. Pleas of the accused
``(a) Plea of Not Guilty.--If an accused in a military commission
under this chapter after a plea of guilty sets up matter inconsistent
with the plea, or if it appears that the accused has entered the plea
of guilty through lack of understanding of its meaning and effect, or
if the accused fails or refuses to plead, a plea of not guilty shall be
entered in the record, and the military commission shall proceed as
though the accused had pleaded not guilty.
``(b) Finding of Guilt After Guilty Plea.--With respect to any
charge or specification to which a plea of guilty has been made by the
accused in a military commission under this chapter and accepted by the
military judge, a finding of guilty of the charge or specification may
be entered immediately without a vote. The finding shall constitute the
finding of the military commission unless the plea of guilty is
withdrawn prior to announcement of the sentence, in which event the
proceedings shall continue as though the accused had pleaded not
guilty.
``Sec. 949j. Opportunity to obtain witnesses and other evidence
``(a) In General.--(1) Defense counsel in a military commission
under this chapter shall have a reasonable opportunity to obtain
witnesses and other evidence as provided in regulations prescribed by
the Secretary of Defense.
``(2) Process issued in military commissions under this chapter to
compel witnesses to appear and testify and to compel the production of
other evidence--
``(A) shall be similar to that which courts of the United
States having criminal jurisdiction may lawfully issue; and
``(B) shall run to any place where the United States shall
have jurisdiction thereof.
``(b) Disclosure of Exculpatory Evidence.--(1) As soon as
practicable, trial counsel in a military commission under this chapter
shall disclose to the defense the existence of any evidence that
reasonably tends to--
``(A) negate the guilt of the accused of an offense
charged; or
``(B) reduce the degree of guilt of the accused with
respect to an offense charged.
``(2) The trial counsel shall, as soon as practicable, disclose to
the defense the existence of evidence that reasonably tends to impeach
the credibility of a witness whom the government intends to call at
trial.
``(3) The trial counsel shall, as soon as practicable upon a
finding of guilt, disclose to the defense the existence of evidence
that is not subject to paragraph (1) or paragraph (2) but that
reasonably may be viewed as mitigation evidence at sentencing.
``(4) The disclosure obligations under this subsection encompass
evidence that is known or reasonably should be known to any government
officials who participated in the investigation and prosecution of the
case against the defendant.
``Sec. 949k. Defense of lack of mental responsibility
``(a) Affirmative Defense.--It is an affirmative defense in a trial
by military commission under this chapter that, at the time of the
commission of the acts constituting the offense, the accused, as a
result of a severe mental disease or defect, was unable to appreciate
the nature and quality or the wrongfulness of the acts. Mental disease
or defect does not otherwise constitute a defense.
``(b) Burden of Proof.--The accused in a military commission under
this chapter has the burden of proving the defense of lack of mental
responsibility by clear and convincing evidence.
``(c) Findings Following Assertion of Defense.--Whenever lack of
mental responsibility of the accused with respect to an offense is
properly at issue in a military commission under this chapter, the
military judge shall instruct the members as to the defense of lack of
mental responsibility under this section and shall charge the members
to find the accused--
``(1) guilty;
``(2) not guilty; or
``(3) subject to subsection (d), not guilty by reason of
lack of mental responsibility.
``(d) Majority Vote Required for Finding.--The accused shall be
found not guilty by reason of lack of mental responsibility under
subsection (c)(3) only if a majority of the members present at the time
the vote is taken determines that the defense of lack of mental
responsibility has been established.
``Sec. 949l. Voting and rulings
``(a) Vote by Secret Written Ballot.--Voting by members of a
military commission under this chapter on the findings and on the
sentence shall be by secret written ballot.
``(b) Rulings.--(1) The military judge in a military commission
under this chapter shall rule upon all questions of law, including the
admissibility of evidence and all interlocutory questions arising
during the proceedings.
``(2) Any ruling made by the military judge upon a question of law
or an interlocutory question (other than the factual issue of mental
responsibility of the accused) is conclusive and constitutes the ruling
of the military commission. However, a military judge may change his
ruling at any time during the trial.
``(c) Instructions Prior to Vote.--Before a vote is taken of the
findings of a military commission under this chapter, the military
judge shall, in the presence of the accused and counsel, instruct the
members as to the elements of the offense and charge the members--
``(1) that the accused must be presumed to be innocent
until his guilt is established by legal and competent evidence
beyond a reasonable doubt;
``(2) that in the case being considered, if there is a
reasonable doubt as to the guilt of the accused, the doubt must
be resolved in favor of the accused and he must be acquitted;
``(3) that, if there is reasonable doubt as to the degree
of guilt, the finding must be in a lower degree as to which
there is no reasonable doubt; and
``(4) that the burden of proof to establish the guilt of
the accused beyond a reasonable doubt is upon the United
States.
``Sec. 949m. Number of votes required
``(a) Conviction.--No person may be convicted by a military
commission under this chapter of any offense, except as provided in
section 949i(b) of this title or by concurrence of two-thirds of the
members present at the time the vote is taken.
``(b) Sentences.--(1) Except as provided in paragraphs (2) and (3),
sentences shall be determined by a military commission by the
concurrence of two-thirds of the members present at the time the vote
is taken.
``(2) No person may be sentenced to death by a military commission,
except insofar as--
``(A) the penalty of death has been expressly authorized
under this chapter, chapter 47 of this title, or the law of war
for an offense of which the accused has been found guilty;
``(B) trial counsel expressly sought the penalty of death
by filing an appropriate notice in advance of trial;
``(C) the accused was convicted of the offense by the
concurrence of all the members present at the time the vote is
taken; and
``(D) all members present at the time the vote was taken
concurred in the sentence of death.
``(3) No person may be sentenced to life imprisonment, or to
confinement for more than 10 years, by a military commission under this
chapter except by the concurrence of three-fourths of the members
present at the time the vote is taken.
``(c) Number of Members Required for Penalty of Death.--(1) Except
as provided in paragraph (2), in a case in which the penalty of death
is sought, the number of members of the military commission under this
chapter shall be not less than 12 members.
``(2) In any case described in paragraph (1) in which 12 members
are not reasonably available for a military commission because of
physical conditions or military exigencies, the convening authority
shall specify a lesser number of members for the military commission
(but not fewer than 5 members), and the military commission may be
assembled, and the trial held, with not less than the number of members
so specified. In any such case, the convening authority shall make a
detailed written statement, to be appended to the record, stating why a
greater number of members were not reasonably available.
``Sec. 949n. Military commission to announce action
``A military commission under this chapter shall announce its
findings and sentence to the parties as soon as determined.
``Sec. 949o. Record of trial
``(a) Record; Authentication.--Each military commission under this
chapter shall keep a separate, verbatim, record of the proceedings in
each case brought before it, and the record shall be authenticated by
the signature of the military judge. If the record cannot be
authenticated by the military judge by reason of his death, disability,
or absence, it shall be authenticated by the signature of the trial
counsel or by a member if the trial counsel is unable to authenticate
it by reason of his death, disability, or absence. Where appropriate,
and as provided in regulations prescribed by the Secretary of Defense,
the record of a military commission under this chapter may contain a
classified annex.
``(b) Complete Record Required.--A complete record of the
proceedings and testimony shall be prepared in every military
commission under this chapter.
``(c) Provision of Copy to Accused.--A copy of the record of the
proceedings of the military commission under this chapter shall be
given the accused as soon as it is authenticated. If the record
contains classified information, or a classified annex, the accused
shall receive a redacted version of the record consistent with the
requirements of section 949d(c)(4) of this title. Defense counsel shall
have access to the unredacted record, as provided in regulations
prescribed by the Secretary of Defense.
``SUBCHAPTER V--CLASSIFIED INFORMATION PROCEDURES
``Sec.
``949p-1. Protection of classified information: applicability of
subchapter.
``949p-2. Pretrial conference.
``949p-3. Protective orders.
``949p-4. Discovery of, and access to, classified information by the
accused.
``949p-5. Notice by accused of intention to disclose classified
information.
``949p-6. Procedure for cases involving classified information.
``949p-7. Introduction of classified information into evidence.
``Sec. 949p-1. Protection of classified information: applicability of
subchapter
``(a) Protection of Classified Information.--Classified information
shall be protected and is privileged from disclosure if disclosure
would be detrimental to the national security. Under no circumstances
may a military judge order the release of classified information to any
person not authorized to receive such information.
``(b) Access to Evidence.--Any information admitted into evidence
pursuant to any rule, procedure, or order by the military judge shall
be provided to the accused.
``(c) Declassification.--Trial counsel shall work with the original
classification authorities for evidence that may be used at trial to
ensure that such evidence is declassified to the maximum extent
possible, consistent with the requirements of national security. A
decision not to declassify evidence under this section shall not be
subject to review by a military commission or upon appeal.
``(d) Construction of Provisions.--The judicial construction of the
Classified Information Procedures Act (18 U.S.C. App.) shall be
authoritative in the interpretation of this subchapter, except to the
extent that such construction is inconsistent with the specific
requirements of this chapter.
``Sec. 949p-2. Pretrial conference
``(a) Motion.--At any time after service of charges, any party may
move for a pretrial conference to consider matters relating to
classified information that may arise in connection with the
prosecution.
``(b) Conference.--Following a motion under subsection (a), or sua
sponte, the military judge shall promptly hold a pretrial conference.
Upon request by either party, the court shall hold such conference ex
parte to the extent necessary to protect classified information from
disclosure, in accordance with the practice of the Federal courts under
the Classified Information Procedures Act (18 U.S.C. App.).
``(c) Matters To Be Established at Pretrial Conference.--
``(1) Timing of subsequent actions.--At the pretrial
conference, the military judge shall establish the timing of--
``(A) requests for discovery;
``(B) the provision of notice required by section
949p-5 of this title; and
``(C) the initiation of the procedure established
by section 949p-6 of this title.
``(2) Other matters.--At the pretrial conference, the
military judge may also consider any matter--
``(A) which relates to classified information; or
``(B) which may promote a fair and expeditious
trial.
``(d) Effect of Admissions by Accused at Pretrial Conference.--No
admission made by the accused or by any counsel for the accused at a
pretrial conference under this section may be used against the accused
unless the admission is in writing and is signed by the accused and by
the counsel for the accused.
``Sec. 949p-3. Protective orders
``Upon motion of the trial counsel, the military judge shall issue
an order to protect against the disclosure of any classified
information that has been disclosed by the United States to any accused
in any military commission under this chapter or that has otherwise
been provided to, or obtained by, any such accused in any such military
commission.
``Sec. 949p-4. Discovery of, and access to, classified information by
the accused
``(a) Limitations on Discovery or Access by the Accused.--
``(1) Declarations by the united states of damage to
national security.--In any case before a military commission in
which the United States seeks to delete, withhold, or otherwise
obtain other relief with respect to the discovery of or access
to any classified information, the trial counsel shall submit a
declaration invoking the United States' classified information
privilege and setting forth the damage to the national security
that the discovery of or access to such information reasonably
could be expected to cause. The declaration shall be signed by
a knowledgeable United States official possessing authority to
classify information.
``(2) Standard for authorization of discovery or access.--
Upon the submission of a declaration under paragraph (1), the
military judge shall not authorize the discovery of or access
to such classified information unless the military judge
determines that such classified information would be
noncumulative, relevant, and helpful to a legally cognizable
defense, rebuttal of the prosecution's case, or to sentencing,
in accordance with standards generally applicable to discovery
of or access to classified information in Federal criminal
cases. If the discovery of or access to such classified
information is authorized, it shall be addressed in accordance
with the requirements of subsection (b).
``(b) Discovery of Classified Information.--
``(1) Substitutions and other relief.--The military judge,
in assessing the accused's discovery of or access to classified
information under this section, may authorize the United
States--
``(A) to delete or withhold specified items of
classified information;
``(B) to substitute a summary for classified
information; or
``(C) to substitute a statement admitting relevant
facts that the classified information or material would
tend to prove.
``(2) Ex parte presentations.--The military judge shall
permit the trial counsel to make a request for an authorization
under paragraph (1) in the form of an ex parte presentation to
the extent necessary to protect classified information, in
accordance with the practice of the Federal courts under the
Classified Information Procedures Act (18 U.S.C. App.). If the
military judge enters an order granting relief following such
an ex parte showing, the entire text of the written submission
shall be sealed and preserved in the records of the military
commission to be made available to the appellate court in the
event of an appeal.
``(3) Action by military judge.--The military judge shall
grant the request of the trial counsel to substitute a summary
or to substitute a statement admitting relevant facts, or to
provide other relief in accordance with paragraph (1), if the
military judge finds that the summary, statement, or other
relief would provide the accused with substantially the same
ability to make a defense as would discovery of or access to
the specific classified information.
``(c) Reconsideration.--An order of a military judge authorizing a
request of the trial counsel to substitute, summarize, withhold, or
prevent access to classified information under this section is not
subject to a motion for reconsideration by the accused, if such order
was entered pursuant to an ex parte showing under this section.
``Sec. 949p-5. Notice by accused of intention to disclose classified
information
``(a) Notice by Accused.--
``(1) Notification of trial counsel and military judge.--If
an accused reasonably expects to disclose, or to cause the
disclosure of, classified information in any manner in
connection with any trial or pretrial proceeding involving the
prosecution of such accused, the accused shall, within the time
specified by the military judge or, where no time is specified,
within 30 days before trial, notify the trial counsel and the
military judge in writing. Such notice shall include a brief
description of the classified information. Whenever the accused
learns of additional classified information the accused
reasonably expects to disclose, or to cause the disclosure of,
at any such proceeding, the accused shall notify trial counsel
and the military judge in writing as soon as possible
thereafter and shall include a brief description of the
classified information.
``(2) Limitation on disclosure by accused.--No accused
shall disclose, or cause the disclosure of, any information
known or believed to be classified in connection with a trial
or pretrial proceeding until--
``(A) notice has been given under paragraph (1);
and
``(B) the United States has been afforded a
reasonable opportunity to seek a determination pursuant
to the procedure set forth in section 949p-6 of this
title and the time for the United States to appeal such
determination under section 950d of this title has
expired or any appeal under that section by the United
States is decided.
``(b) Failure To Comply.--If the accused fails to comply with the
requirements of subsection (a), the military judge--
``(1) may preclude disclosure of any classified information
not made the subject of notification; and
``(2) may prohibit the examination by the accused of any
witness with respect to any such information.
``Sec. 949p-6. Procedure for cases involving classified information
``(a) Motion for Hearing.--
``(1) Request for hearing.--Within the time specified by
the military judge for the filing of a motion under this
section, either party may request the military judge to conduct
a hearing to make all determinations concerning the use,
relevance, or admissibility of classified information that
would otherwise be made during the trial or pretrial
proceeding.
``(2) Conduct of hearing.--Upon a request by either party
under paragraph (1), the military judge shall conduct such a
hearing and shall rule prior to conducting any further
proceedings.
``(3) In camera hearing upon declaration to court by
appropriate official of risk of disclosure of classified
information.--Any hearing held pursuant to this subsection (or
any portion of such hearing specified in the request of a
knowledgeable United States official) shall be held in camera
if a knowledgeable United States official possessing authority
to classify information submits to the military judge a
declaration that a public proceeding may result in the
disclosure of classified information. Classified information is
not subject to disclosure under this section unless the
information is relevant and necessary to an element of the
offense or a legally cognizable defense and is otherwise
admissible in evidence.
``(4) Military judge to make determinations in writing.--As
to each item of classified information, the military judge
shall set forth in writing the basis for the determination.
``(b) Notice and Use of Classified Information by the Government.--
``(1) Notice to accused.--Before any hearing is conducted
pursuant to a request by the trial counsel under subsection
(a), trial counsel shall provide the accused with notice of the
classified information that is at issue. Such notice shall
identify the specific classified information at issue whenever
that information previously has been made available to the
accused by the United States. When the United States has not
previously made the information available to the accused in
connection with the case the information may be described by
generic category, in such forms as the military judge may
approve, rather than by identification of the specific
information of concern to the United States.
``(2) Order by military judge upon request of accused.--
Whenever the trial counsel requests a hearing under subsection
(a), the military judge, upon request of the accused, may order
the trial counsel to provide the accused, prior to trial, such
details as to the portion of the charge or specification at
issue in the hearing as are needed to give the accused fair
notice to prepare for the hearing.
``(c) Substitutions.--
``(1) In camera pretrial hearing.--Upon request of the
trial counsel pursuant to the Military Commission Rules of
Evidence, and in accordance with the security procedures
established by the military judge, the military judge shall
conduct a classified in camera pretrial hearing concerning the
admissibility of classified information.
``(2) Protection of sources, methods, and activities by
which evidence acquired.--The military judge shall permit the
trial counsel to introduce otherwise admissible evidence,
including a substituted evidentiary foundation pursuant to the
procedures described in subsection (d), before a military
commission while protecting from disclosure the sources,
methods, or activities by which the United States acquired the
evidence if the military judge finds that the sources, methods,
or activities are classified, the evidence is reliable, and the
redaction is consistent with affording the accused a fair
trial.
``(d) Alternative Procedure for Disclosure of Classified
Information.--
``(1) Motion by the united states.--Upon any determination
by the military judge authorizing the disclosure of specific
classified information under the procedures established by this
section, the trial counsel may move that, in lieu of the
disclosure of such specific classified information, the
military judge order--
``(A) the substitution for such classified
information of a statement admitting relevant facts
that the specific classified information would tend to
prove;
``(B) the substitution for such classified
information of a summary of the specific classified
information; or
``(C) any other procedure or redaction limiting the
disclosure of specific classified information.
``(2) Action on motion.--The military judge shall grant
such a motion of the trial counsel if the military judge finds
that the statement, summary, or other procedure or redaction
will provide the defendant with substantially the same ability
to make his defense as would disclosure of the specific
classified information.
``(3) Hearing on motion.--The military judge shall hold a
hearing on any motion under this subsection. Any such hearing
shall be held in camera at the request of a knowledgeable
United States official possessing authority to classify
information.
``(4) Submission of statement of damage to national
security if disclosure ordered.--The trial counsel may, in
connection with a motion under paragraph (1), submit to the
military judge a declaration signed by a knowledgeable United
States official possessing authority to classify information
certifying that disclosure of classified information would
cause identifiable damage to the national security of the
United States and explaining the basis for the classification
of such information. If so requested by the trial counsel, the
military judge shall examine such declaration during an ex
parte presentation.
``(e) Sealing of Records of in Camera Hearings.--If at the close of
an in camera hearing under this section (or any portion of a hearing
under this section that is held in camera), the military judge
determines that the classified information at issue may not be
disclosed or elicited at the trial or pretrial proceeding, the record
of such in camera hearing shall be sealed and preserved for use in the
event of an appeal. The accused may seek reconsideration of the
military judge's determination prior to or during trial.
``(f) Prohibition on Disclosure of Classified Information by the
Accused; Relief for Accused When the United States Opposes
Disclosure.--
``(1) Order to prevent disclosure by accused.--Whenever the
military judge denies a motion by the trial counsel that the
judge issue an order under subsection (a), (c), or (d) and the
trial counsel files with the military judge a declaration
signed by a knowledgeable United States official possessing
authority to classify information objecting to disclosure of
the classified information at issue, the military judge shall
order that the accused not disclose or cause the disclosure of
such information.
``(2) Result of order under paragraph (1).--Whenever an
accused is prevented by an order under paragraph (1) from
disclosing or causing the disclosure of classified information,
the military judge shall dismiss the case; except that, when
the military judge determines that the interests of justice
would not be served by dismissal of the case, the military
judge shall order such other action, in lieu of dismissing the
charge or specification, as the military judge determines is
appropriate. Such action may include, but need not be limited
to, the following:
``(A) Dismissing specified charges or
specifications.
``(B) Finding against the United States on any
issue as to which the excluded classified information
relates.
``(C) Striking or precluding all or part of the
testimony of a witness.
``(3) Time for the united states to seek interlocutory
appeal.--An order under paragraph (2) shall not take effect
until the military judge has afforded the United States--
``(A) an opportunity to appeal such order under
section 950d of this title; and
``(B) an opportunity thereafter to withdraw its
objection to the disclosure of the classified
information at issue.
``(g) Reciprocity.--
``(1) Disclosure of rebuttal information.--Whenever the
military judge determines that classified information may be
disclosed in connection with a trial or pretrial proceeding,
the military judge shall, unless the interests of fairness do
not so require, order the United States to provide the accused
with the information it expects to use to rebut the classified
information. The military judge may place the United States
under a continuing duty to disclose such rebuttal information.
``(2) Sanction for failure to comply.--If the United States
fails to comply with its obligation under this subsection, the
military judge--
``(A) may exclude any evidence not made the subject
of a required disclosure; and
``(B) may prohibit the examination by the United
States of any witness with respect to such information.
``Sec. 949p-7. Introduction of classified information into evidence
``(a) Preservation of Classification Status.--Writings, recordings,
and photographs containing classified information may be admitted into
evidence in proceedings of military commissions under this chapter
without change in their classification status.
``(b) Precautions by Military Judges.--
``(1) Precautions in admitting classified information into
evidence.--The military judge in a trial by military
commission, in order to prevent unnecessary disclosure of
classified information, may order admission into evidence of
only part of a writing, recording, or photograph, or may order
admission into evidence of the whole writing, recording, or
photograph with excision of some or all of the classified
information contained therein, unless the whole ought in
fairness be considered.
``(2) Classified information kept under seal.--The military
judge shall allow classified information offered or accepted
into evidence to remain under seal during the trial, even if
such evidence is disclosed in the military commission, and may,
upon motion by the Government, seal exhibits containing
classified information for any period after trial as necessary
to prevent a disclosure of classified information when a
knowledgeable United States official possessing authority to
classify information submits to the military judge a
declaration setting forth the damage to the national security
that the disclosure of such information reasonably could be
expected to cause.
``(c) Taking of Testimony.--
``(1) Objection by trial counsel.--During the examination
of a witness, trial counsel may object to any question or line
of inquiry that may require the witness to disclose classified
information not previously found to be admissible.
``(2) Action by military judge.--Following an objection
under paragraph (1), the military judge shall take such
suitable action to determine whether the response is admissible
as will safeguard against the compromise of any classified
information. Such action may include requiring trial counsel to
provide the military judge with a proffer of the witness'
response to the question or line of inquiry and requiring the
accused to provide the military judge with a proffer of the
nature of the information sought to be elicited by the accused.
Upon request, the military judge may accept an ex parte proffer
by trial counsel to the extent necessary to protect classified
information from disclosure, in accordance with the practice of
the Federal courts under the Classified Information Procedures
Act (18 U.S.C. App.).
``(d) Disclosure at Trial of Certain Statements Previously Made by
a Witness.--
``(1) Motion for production of statements in possession of
the united states.--After a witness called by the trial counsel
has testified on direct examination, the military judge, on
motion of the accused, may order production of statements of
the witness in the possession of the United States which relate
to the subject matter as to which the witness has testified.
This paragraph does not preclude discovery or assertion of a
privilege otherwise authorized.
``(2) Invocation of privilege by the united states.--If the
United States invokes a privilege, the trial counsel may
provide the prior statements of the witness to the military
judge during an ex parte presentation to the extent necessary
to protect classified information from disclosure, in
accordance with the practice of the Federal courts under the
Classified Information Procedures Act (18 U.S.C. App.).
``(3) Action by military judge on motion.--If the military
judge finds that disclosure of any portion of the statement
identified by the United States as classified would be
detrimental to the national security in the degree to warrant
classification under the applicable Executive Order, statute,
or regulation, that such portion of the statement is consistent
with the testimony of the witness, and that the disclosure of
such portion is not necessary to afford the accused a fair
trial, the military judge shall excise that portion from the
statement. If the military judge finds that such portion of the
statement is inconsistent with the testimony of the witness or
that its disclosure is necessary to afford the accused a fair
trial, the military judge, shall, upon the request of the trial
counsel, review alternatives to disclosure in accordance with
section 949p-6(d) of this title.
``SUBCHAPTER VI--SENTENCES
``Sec.
``949s. Cruel or unusual punishments prohibited.
``949t. Maximum limits.
``949u. Execution of confinement.
``Sec. 949s. Cruel or unusual punishments prohibited
``Punishment by flogging, or by branding, marking, or tattooing on
the body, or any other cruel or unusual punishment, may not be adjudged
by a military commission under this chapter or inflicted under this
chapter upon any person subject to this chapter. The use of irons,
single or double, except for the purpose of safe custody, is prohibited
under this chapter.
``Sec. 949t. Maximum limits
``The punishment which a military commission under this chapter may
direct for an offense may not exceed such limits as the President or
Secretary of Defense may prescribe for that offense.
``Sec. 949u. Execution of confinement
``(a) In General.--Under such regulations as the Secretary of
Defense may prescribe, a sentence of confinement adjudged by a military
commission under this chapter may be carried into execution by
confinement--
``(1) in any place of confinement under the control of any
of the armed forces; or
``(2) in any penal or correctional institution under the
control of the United States or its allies, or which the United
States may be allowed to use.
``(b) Treatment During Confinement by Other Than the Armed
Forces.--Persons confined under subsection (a)(2) in a penal or
correctional institution not under the control of an armed force are
subject to the same discipline and treatment as persons confined or
committed by the courts of the United States or of the State, District
of Columbia, or place in which the institution is situated.
``SUBCHAPTER VII--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY
COMMISSIONS
``Sec.
``950a. Error of law; lesser included offense.
``950b. Review by the convening authority.
``950c. Appellate referral; waiver or withdrawal of appeal.
``950d. Interlocutory appeals by the United States.
``950e. Rehearings.
``950f. Review by United States Court of Appeals for the Armed Forces
and Supreme Court.
``950g. Appellate counsel.
``950h. Execution of sentence; suspension of sentence.
``950i. Finality of proceedings, findings, and sentences.
``Sec. 950a. Error of law; lesser included offense
``(a) Error of Law.--A finding or sentence of a military commission
under this chapter may not be held incorrect on the ground of an error
of law unless the error materially prejudices the substantial rights of
the accused.
``(b) Lesser Included Offense.--Any reviewing authority with the
power to approve or affirm a finding of guilty by a military commission
under this chapter may approve or affirm, instead, so much of the
finding as includes a lesser included offense.
``Sec. 950b. Review by the convening authority
``(a) Notice to Convening Authority of Findings and Sentence.--The
findings and sentence of a military commission under this chapter shall
be reported in writing promptly to the convening authority after the
announcement of the sentence.
``(b) Submittal of Matters by Accused to Convening Authority.--(1)
The accused may submit to the convening authority matters for
consideration by the convening authority with respect to the findings
and the sentence of the military commission under this chapter.
``(2)(A) Except as provided in subparagraph (B), a submittal under
paragraph (1) shall be made in writing within 20 days after accused has
been give an authenticated record of trial under section 949o(c) of
this title.
``(B) If the accused shows that additional time is required for the
accused to make a submittal under paragraph (1), the convening
authority may, for good cause, extend the applicable period under
subparagraph (A) for not more than an additional 20 days.
``(3) The accused may waive his right to make a submittal to the
convening authority under paragraph (1). Such a waiver shall be made in
writing, and may not be revoked. For the purposes of subsection (c)(2),
the time within which the accused may make a submittal under this
subsection shall be deemed to have expired upon the submittal of a
waiver under this paragraph to the convening authority.
``(c) Action by Convening Authority.--(1) The authority under this
subsection to modify the findings and sentence of a military commission
under this chapter is a matter of the sole discretion and prerogative
of the convening authority.
``(2) The convening authority is not required to take action on the
findings of a military commission under this chapter. If the convening
authority takes action on the findings, the convening authority may, in
his sole discretion, only--
``(A) dismiss any charge or specification by setting aside
a finding of guilty thereto; or
``(B) change a finding of guilty to a charge to a finding
of guilty to an offense that is a lesser included offense of
the offense stated in the charge.
``(3)(A) The convening authority shall take action on the sentence
of a military commission under this chapter.
``(B) Subject to regulations prescribed by the Secretary of
Defense, action under this paragraph may be taken only after
consideration of any matters submitted by the accused under subsection
(b) or after the time for submitting such matters expires, whichever is
earlier.
``(C) In taking action under this paragraph, the convening
authority may, in his sole discretion, approve, disapprove, commute, or
suspend the sentence in whole or in part. The convening authority may
not increase a sentence beyond that which is found by the military
commission.
``(4) The convening authority shall serve on the accused or on
defense counsel notice of any action taken by the convening authority
under this subsection.
``(d) Order of Revision or Rehearing.--(1) Subject to paragraphs
(2) and (3), the convening authority of a military commission under
this chapter may, in his sole discretion, order a proceeding in
revision or a rehearing.
``(2)(A) Except as provided in subparagraph (B), a proceeding in
revision may be ordered by the convening authority if--
``(i) there is an apparent error or omission in the record;
or
``(ii) the record shows improper or inconsistent action by
the military commission with respect to the findings or
sentence that can be rectified without material prejudice to
the substantial rights of the accused.
``(B) In no case may a proceeding in revision--
``(i) reconsider a finding of not guilty of a specification
or a ruling which amounts to a finding of not guilty;
``(ii) reconsider a finding of not guilty of any charge,
unless there has been a finding of guilty under a specification
laid under that charge, which sufficiently alleges a violation;
or
``(iii) increase the severity of the sentence unless the
sentence prescribed for the offense is mandatory.
``(3) A rehearing may be ordered by the convening authority if the
convening authority disapproves the findings and sentence and states
the reasons for disapproval of the findings. If the convening authority
disapproves the finding and sentence and does not order a rehearing,
the convening authority shall dismiss the charges. A rehearing as to
the findings may not be ordered by the convening authority when there
is a lack of sufficient evidence in the record to support the findings.
A rehearing as to the sentence may be ordered by the convening
authority if the convening authority disapproves the sentence.
``Sec. 950c. Appellate referral; waiver or withdrawal of appeal
``(a) Automatic Referral for Appellate Review.--Except as provided
in subsection (b), in each case in which the final decision of a
military commission under this chapter (as approved by the convening
authority) includes a finding of guilty, the convening authority shall
refer the case to the United States Court of Appeals for the Armed
Forces. Any such referral shall be made in accordance with procedures
prescribed under regulations of the Secretary.
``(b) Waiver of Right of Review.--(1) Except in a case in which the
sentence as approved under section 950b of this title extends to death,
an accused may file with the convening authority a statement expressly
waiving the right of the accused to appellate review by the United
States Court of Appeals for the Armed Forces under section 950f(a) of
this title of the final decision of the military commission under this
chapter.
``(2) A waiver under paragraph (1) shall be signed by both the
accused and a defense counsel.
``(3) A waiver under paragraph (1) must be filed, if at all, within
10 days after notice of the action is served on the accused or on
defense counsel under section 950b(c)(4) of this title. The convening
authority, for good cause, may extend the period for such filing by not
more than 30 days.
``(c) Withdrawal of Appeal.--Except in a case in which the sentence
as approved under section 950b of this title extends to death, the
accused may withdraw an appeal at any time.
``(d) Effect of Waiver or Withdrawal.--A waiver of the right to
appellate review or the withdrawal of an appeal under this section bars
review under section 950f of this title.
``Sec. 950d. Interlocutory appeals by the United States
``(a) Interlocutory Appeal.--Except as provided in subsection (b),
in a trial by military commission under this chapter, the United States
may take an interlocutory appeal to the United States Court of Appeals
for the Armed Forces under section 950f of this title of any order or
ruling of the military judge--
``(1) that terminates proceedings of the military
commission with respect to a charge or specification;
``(2) that excludes evidence that is substantial proof of a
fact material in the proceeding;
``(3) that relates to a matter under subsection (c) or (d)
of section 949d of this title; or
``(4) that, with respect to classified information--
``(A) authorizes the disclosure of such
information;
``(B) imposes sanctions for nondisclosure of such
information; or
``(C) refuses a protective order sought by the
United States to prevent the disclosure of such
information.
``(b) Limitation.--The United States may not appeal under
subsection (a) an order or ruling that is, or amounts to, a finding of
not guilty by the military commission with respect to a charge or
specification.
``(c) Scope of Appeal Right With Respect to Classified
Information.--The United States has the right to appeal under paragraph
(4) of subsection (a) whenever the military judge enters an order or
ruling that would require the disclosure of classified information,
without regard to whether the order or ruling appealed from was entered
under this chapter, another provision of law, a rule, or otherwise. Any
such appeal may embrace any preceding order, ruling, or reasoning
constituting the basis of the order or ruling that would authorize such
disclosure.
``(d) Timing and Action on Interlocutory Appeals Relating to
Classified Information.--
``(1) Appeal to be expedited.--An appeal taken pursuant to
paragraph (4) of subsection (a) shall be expedited by the
United States Court of Appeals for the Armed Forces.
``(2) Appeals before trial.--If such an appeal is taken
before trial, the appeal shall be taken within 10 days after
the order or ruling appealed from and the trial shall not
commence until the appeal is decided.
``(3) Appeals during trial.--If such an appeal is taken
during trial, the military judge shall adjourn the trial until
the appeal is decided, and the court of appeals--
``(A) shall hear argument on such appeal within 4
days of the adjournment of the trial (excluding
weekends and holidays);
``(B) may dispense with written briefs other than
the supporting materials previously submitted to the
military judge;
``(C) shall render its decision within four days of
argument on appeal (excluding weekends and holidays);
and
``(D) may dispense with the issuance of a written
opinion in rendering its decision.
``(e) Notice and Timing of Other Appeals.--The United States shall
take an appeal of an order or ruling under subsection (a), other than
an appeal under paragraph (4) of that subsection, by filing a notice of
appeal with the military judge within 5 days after the date of the
order or ruling.
``(f) Method of Appeal.--An appeal under this section shall be
forwarded, by means specified in regulations prescribed by the
Secretary of Defense, directly to the United States Court of Appeals
for the Armed Forces.
``(g) Appeals Court To Act Only With Respect to Matter of Law.--In
ruling on an appeal under paragraph (1), (2), or (3) of subsection (a),
the appeals court may act only with respect to matters of law.
``(h) Subsequent Appeal Rights of Accused Not Affected.--An appeal
under paragraph (4) of subsection (a), and a decision on such appeal,
shall not affect the right of the accused, in a subsequent appeal from
a judgment of conviction, to claim as error reversal by the military
judge on remand of a ruling appealed from during trial.
``Sec. 950e. Rehearings
``(a) Composition of Military Commission for Rehearing.--Each
rehearing under this chapter shall take place before a military
commission under this chapter composed of members who were not members
of the military commission which first heard the case.
``(b) Scope of Rehearing.--(1) Upon a rehearing--
``(A) the accused may not be tried for any offense of which
he was found not guilty by the first military commission; and
``(B) no sentence in excess of or more than the original
sentence may be imposed unless--
``(i) the sentence is based upon a finding of
guilty of an offense not considered upon the merits in
the original proceedings; or
``(ii) the sentence prescribed for the offense is
mandatory.
``(2) Upon a rehearing, if the sentence approved after the first
military commission was in accordance with a pretrial agreement and the
accused at the rehearing changes his plea with respect to the charges
or specifications upon which the pretrial agreement was based, or
otherwise does not comply with pretrial agreement, the sentence as to
those charges or specifications may include any punishment not in
excess of that lawfully adjudged at the first military commission.
``Sec. 950f. Review by United States Court of Appeals for the Armed
Forces and Supreme Court
``(a) Review by United States Court of Appeals for the Armed
Forces.--(1) Subject to the provisions of this subsection, the United
States Court of Appeals for the Armed Forces shall have exclusive
jurisdiction to determine the final validity of any judgment rendered
by a military commission under this chapter.
``(2) In any case referred to it pursuant to section 950c(a) of
this title, the United States Court of Appeals for the Armed Forces may
act only with respect to the findings and sentence as approved by the
convening authority. It may affirm only such findings of guilty, and
the sentence or such part or amount of the sentence, as it finds
correct in law and fact and determines, on the basis of the entire
record, should be approved. In considering the record, it may weigh the
evidence, judge the credibility of witnesses, and determine
controverted questions of fact, recognizing that the trial court saw
and heard the witnesses.
``(3) If the United States Court of Appeals for the Armed Forces
sets aside the findings and sentence, it may, except where the setting
aside is based on lack of sufficient evidence in the record to support
the findings, order a rehearing. If it sets aside the findings and
sentence and does not order a rehearing, it shall order that the
charges be dismissed.
``(b) Review by Supreme Court.--The Supreme Court of the United
States may review by writ of certiorari pursuant to section 1257 of
title 28 the final judgment of the United States Court of Appeals for
the Armed Forces in a determination under subsection (a).
``Sec. 950g. Appellate counsel
``(a) Appointment.--The Secretary of Defense shall, by regulation,
establish procedures for the appointment of appellate counsel for the
United States and for the accused in military commissions under this
chapter. Appellate counsel shall meet the qualifications of counsel for
appearing before military commissions under this chapter.
``(b) Representation of United States.--Appellate counsel may
represent the United States in any appeal or review proceeding under
this chapter. Appellate Government counsel may represent the United
States before the Supreme Court in case arising under this chapter when
requested to do so by the Attorney General.
``(c) Representation of Accused.--The accused shall be represented
before the United States Court of Appeals for the Armed Forces or the
Supreme Court by military appellate counsel, or by civilian counsel if
retained by him.
``Sec. 950h. Execution of sentence; suspension of sentence
``(a) Execution of Sentence of Death Only Upon Approval by the
President.--If the sentence of a military commission under this chapter
extends to death, that part of the sentence providing for death may not
be executed until approved by the President. In such a case, the
President may commute, remit, or suspend the sentence, or any part
thereof, as he sees fit.
``(b) Execution of Sentence of Death Only Upon Final Judgment of
Legality of Proceedings.--(1) If the sentence of a military commission
under this chapter extends to death, the sentence may not be executed
until there is a final judgement as to the legality of the proceedings
(and with respect to death, approval under subsection (a)).
``(2) A judgement as to legality of proceedings is final for
purposes of paragraph (1) when review is completed in accordance with
the judgment of the United States Court of Appeals for the Armed Forces
and (A) a petition for a writ of certiorari is not timely filed, (B)
such a petition is denied by the Supreme Court, or (C) review is
otherwise completed in accordance with the judgment of the Supreme
Court.
``(c) Suspension of Sentence.--The Secretary of the Defense, or the
convening authority acting on the case (if other than the Secretary),
may suspend the execution of any sentence or part thereof in the case.
``Sec. 950i. Finality of proceedings, findings, and sentences
``The appellate review of records of trial provided by this
chapter, and the proceedings, findings, and sentences of military
commissions as approved, reviewed, or affirmed as required by this
chapter, are final and conclusive. Orders publishing the proceedings of
military commissions under this chapter are binding upon all
departments, courts, agencies, and officers of the United States,
subject only to action by the Secretary or the convening authority as
provided in section 950h(c) of this title and the authority of the
President.
``SUBCHAPTER VIII--PUNITIVE MATTERS
``Sec. 950p. Definitions; construction of certain offenses; common
circumstances
``(a) Definitions.--In this subchapter:
``(1) The term `military objective' means combatants and
those objects during an armed conflict which, by their nature,
location, purpose, or use, effectively contribute to the war-
fighting or war-sustaining capability of an opposing force and
whose total or partial destruction, capture, or neutralization
would constitute a definite military advantage to the attacker
under the circumstances at the time of an attack.
``(2) The term `protected person' means any person entitled
to protection under one or more of the Geneva Conventions,
including civilians not taking an active part in hostilities,
military personnel placed out of combat by sickness, wounds, or
detention, and military medical or religious personnel.
``(3) The term `protected property' means any property
specifically protected by the law of war, including buildings
dedicated to religion, education, art, science, or charitable
purposes, historic monuments, hospitals, and places where the
sick and wounded are collected, but only if and to the extent
such property is not being used for military purposes or is not
otherwise a military objective. The term includes objects
properly identified by one of the distinctive emblems of the
Geneva Conventions, but does not include civilian property that
is a military objective.
``(b) Construction of Certain Offenses.--The intent required for
offenses under paragraphs (1), (2), (3), (4), and (12) of section 950w
of this title precludes their applicability with regard to collateral
damage or to death, damage, or injury incident to a lawful attack.
``(c) Common Circumstances.--An offense specified in this
subchapter is triable by military commission under this chapter only if
the offense is committed in the context of and associated with armed
conflict.
``(d) Offenses Encompassed Under Law of War.--To the extent that
the provisions of this subchapter codify offenses that have
traditionally been triable under the law of war or otherwise triable by
military commission, this subchapter does not preclude trial for
offenses that occurred before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2010.
``Sec. 950q. Principals
``Any person punishable under this chapter who--
``(1) commits an offense punishable by this chapter, or
aids, abets, counsels, commands, or procures its commission;
``(2) causes an act to be done which if directly performed
by him would be punishable by this chapter; or
``(3) is a superior commander who, with regard to acts
punishable by this chapter, knew, had reason to know, or should
have known, that a subordinate was about to commit such acts or
had done so and who failed to take the necessary and reasonable
measures to prevent such acts or to punish the perpetrators
thereof,
is a principal.
``Sec. 950r. Accessory after the fact
``Any person subject to this chapter who, knowing that an offense
punishable by this chapter has been committed, receives, comforts, or
assists the offender in order to hinder or prevent his apprehension,
trial, or punishment shall be punished as a military commission under
this chapter may direct.
``Sec. 950s. Conviction of lesser offenses
``An accused may be found guilty of an offense necessarily included
in the offense charged or of an attempt to commit either the offense
charged or an attempt to commit either the offense charged or an
offense necessarily included therein.
``Sec. 950t. Attempts
``(a) In General.--Any person subject to this chapter who attempts
to commit any offense punishable by this chapter shall be punished as a
military commission under this chapter may direct.
``(b) Scope of Offense.--An act, done with specific intent to
commit an offense under this chapter, amounting to more than mere
preparation and tending, even though failing, to effect its commission,
is an attempt to commit that offense.
``(c) Effect of Consummation.--Any person subject to this chapter
may be convicted of an attempt to commit an offense although it appears
on the trial that the offense was consummated.
``Sec. 950u. Conspiracy
``Any person subject to this chapter who conspires to commit one or
more substantive offenses triable by military commission under this
subchapter, and who knowingly does any overt act to effect the object
of the conspiracy, shall be punished, if death results to one or more
of the victims, by death or such other punishment as a military
commission under this chapter may direct, and, if death does not result
to any of the victims, by such punishment, other than death, as a
military commission under this chapter may direct.
``Sec. 950v. Solicitation
``Any person subject to this chapter who solicits or advises
another or others to commit one or more substantive offenses triable by
military commission under this chapter shall, if the offense solicited
or advised is attempted or committed, be punished with the punishment
provided for the commission of the offense, but, if the offense
solicited or advised is not committed or attempted, he shall be
punished as a military commission under this chapter may direct.
``Sec. 950w. Crimes triable by military commissions
``The following offenses shall be triable by military commission
under this chapter at any time without limitation:
``(1) Murder of protected persons.--Any person subject to
this chapter who intentionally kills one or more protected
persons shall be punished by death or such other punishment as
a military commission under this chapter may direct.
``(2) Attacking civilians.--Any person subject to this
chapter who intentionally engages in an attack upon a civilian
population as such, or individual civilians not taking active
part in hostilities, shall be punished, if death results to one
or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if
death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct.
``(3) Attacking civilian objects.--Any person subject to
this chapter who intentionally engages in an attack upon a
civilian object that is not a military objective shall be
punished as a military commission under this chapter may
direct.
``(4) Attacking protected property.--Any person subject to
this chapter who intentionally engages in an attack upon
protected property shall be punished as a military commission
under this chapter may direct.
``(5) Pillaging.--Any person subject to this chapter who
intentionally and in the absence of military necessity
appropriates or seizes property for private or personal use,
without the consent of a person with authority to permit such
appropriation or seizure, shall be punished as a military
commission under this chapter may direct.
``(6) Denying quarter.--Any person subject to this chapter
who, with effective command or control over subordinate groups,
declares, orders, or otherwise indicates to those groups that
there shall be no survivors or surrender accepted, with the
intent to threaten an adversary or to conduct hostilities such
that there would be no survivors or surrender accepted, shall
be punished as a military commission under this chapter may
direct.
``(7) Taking hostages.--Any person subject to this chapter
who, having knowingly seized or detained one or more persons,
threatens to kill, injure, or continue to detain such person or
persons with the intent of compelling any nation, person other
than the hostage, or group of persons to act or refrain from
acting as an explicit or implicit condition for the safety or
release of such person or persons, shall be punished, if death
results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
``(8) Employing poison or similar weapons.--Any person
subject to this chapter who intentionally, as a method of
warfare, employs a substance or weapon that releases a
substance that causes death or serious and lasting damage to
health in the ordinary course of events, through its
asphyxiating, bacteriological, or toxic properties, shall be
punished, if death results to one or more of the victims, by
death or such other punishment as a military commission under
this chapter may direct, and, if death does not result to any
of the victims, by such punishment, other than death, as a
military commission under this chapter may direct.
``(9) Using protected persons as a shield.--Any person
subject to this chapter who positions, or otherwise takes
advantage of, a protected person with the intent to shield a
military objective from attack. or to shield, favor, or impede
military operations, shall be punished, if death results to one
or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if
death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct.
``(10) Using protected property as a shield.--Any person
subject to this chapter who positions, or otherwise takes
advantage of the location of, protected property with the
intent to shield a military objective from attack, or to
shield, favor, or impede military operations, shall be punished
as a military commission under this chapter may direct.
``(11) Torture.--
``(A) Offense.--Any person subject to this chapter
who commits an act specifically intended to inflict
severe physical or mental pain or suffering (other than
pain or suffering incidental to lawful sanctions) upon
another person within his custody or physical control
for the purpose of obtaining information or a
confession, punishment, intimidation, coercion, or any
reason based on discrimination of any kind, shall be
punished, if death results to one or more of the
victims, by death or such other punishment as a
military commission under this chapter may direct, and,
if death does not result to any of the victims, by such
punishment, other than death, as a military commission
under this chapter may direct.
``(B) Severe mental pain or suffering defined.--In
this paragraph, the term `severe mental pain or
suffering' has the meaning given that term in section
2340(2) of title 18.
``(12) Cruel or inhuman treatment.--Any person subject to
this chapter who subjects another person in their custody or
under their physical control, regardless of nationality or
physical location, to cruel or inhuman treatment that
constitutes a grave breach of common Article 3 of the Geneva
Conventions shall be punished, if death results to the victim,
by death or such other punishment as a military commission
under this chapter may direct, and, if death does not result to
the victim, by such punishment, other than death, as a military
commission under this chapter may direct.
``(13) Intentionally causing serious bodily injury.--
``(A) Offense.--Any person subject to this chapter
who intentionally causes serious bodily injury to one
or more persons, including privileged belligerents, in
violation of the law of war shall be punished, if death
results to one or more of the victims, by death or such
other punishment as a military commission under this
chapter may direct, and, if death does not result to
any of the victims, by such punishment, other than
death, as a military commission under this chapter may
direct.
``(B) Serious bodily injury defined.--In this
paragraph, the term `serious bodily injury' means
bodily injury which involves--
``(i) a substantial risk of death;
``(ii) extreme physical pain;
``(iii) protracted and obvious
disfigurement; or
``(iv) protracted loss or impairment of the
function of a bodily member, organ, or mental
faculty.
``(14) Mutilating or maiming.--Any person subject to this
chapter who intentionally injures one or more protected persons
by disfiguring the person or persons by any mutilation of the
person or persons, or by permanently disabling any member,
limb, or organ of the body of the person or persons, without
any legitimate medical or dental purpose, shall be punished, if
death results to one or more of the victims, by death or such
other punishment as a military commission under this chapter
may direct, and, if death does not result to any of the
victims, by such punishment, other than death, as a military
commission under this chapter may direct.
``(15) Murder in violation of the law of war.--Any person
subject to this chapter who intentionally kills one or more
persons, including privileged belligerents, in violation of the
law of war shall be punished by death or such other punishment
as a military commission under this chapter may direct.
``(16) Destruction of property in violation of the law of
war.--Any person subject to this chapter who intentionally
destroys property belonging to another person in violation of
the law of war shall punished as a military commission under
this chapter may direct.
``(17) Using treachery or perfidy.--Any person subject to
this chapter who, after inviting the confidence or belief of
one or more persons that they were entitled to, or obliged to
accord, protection under the law of war, intentionally makes
use of that confidence or belief in killing, injuring, or
capturing such person or persons shall be punished, if death
results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
``(18) Improperly using a flag of truce.--Any person
subject to this chapter who uses a flag of truce to feign an
intention to negotiate, surrender, or otherwise suspend
hostilities when there is no such intention shall be punished
as a military commission under this chapter may direct.
``(19) Improperly using a distinctive emblem.--Any person
subject to this chapter who intentionally uses a distinctive
emblem recognized by the law of war for combatant purposes in a
manner prohibited by the law of war shall be punished as a
military commission under this chapter may direct.
``(20) Intentionally mistreating a dead body.--Any person
subject to this chapter who intentionally mistreats the body of
a dead person, without justification by legitimate military
necessary, shall be punished as a military commission under
this chapter may direct.
``(21) Rape.--Any person subject to this chapter who
forcibly or with coercion or threat of force wrongfully invades
the body of a person by penetrating, however slightly, the anal
or genital opening of the victim with any part of the body of
the accused, or with any foreign object, shall be punished as a
military commission under this chapter may direct.
``(22) Sexual assault or abuse.--Any person subject to this
chapter who forcibly or with coercion or threat of force
engages in sexual contact with one or more persons, or causes
one or more persons to engage in sexual contact, shall be
punished as a military commission under this chapter may direct
``(23) Hijacking or hazarding a vessel or aircraft.--Any
person subject to this chapter who intentionally seizes,
exercises unauthorized control over, or endangers the safe
navigation of a vessel or aircraft that is not a legitimate
military objective shall be punished, if death results to one
or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if
death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct.
``(24) Terrorism.--Any person subject to this chapter who
intentionally kills or inflicts great bodily harm on one or
more protected persons, or intentionally engages in an act that
evinces a wanton disregard for human life, in a manner
calculated to influence or affect the conduct of government or
civilian population by intimidation or coercion, or to
retaliate against government conduct, shall be punished, if
death results to one or more of the victims, by death or such
other punishment as a military commission under this chapter
may direct, and, if death does not result to any of the
victims, by such punishment, other than death, as a military
commission under this chapter may direct.
``(25) Providing material support for terrorism.--
``(A) Offense.--Any person subject to this chapter
who provides material support or resources, knowing or
intending that they are to be used in preparation for,
or in carrying out, an act of terrorism (as set forth
in paragraph (23) of this section), or who
intentionally provides material support or resources to
an international terrorist organization engaged in
hostilities against the United States, knowing that
such organization has engaged or engages in terrorism
(as so set forth), shall be punished as a military
commission under this chapter may direct.
``(B) Material support or resources defined.--In
this paragraph, the term `material support or
resources' has the meaning given that term in section
2339A(b) of title 18.
``(26) Wrongfully aiding the enemy.--Any person subject to
this chapter who, in breach of an allegiance or duty to the
United States, knowingly and intentionally aids an enemy of the
United States, or one of the co-belligerents of the enemy,
shall be punished as a military commission under this chapter
may direct.
``(27) Spying.--Any person subject to this chapter who, in
violation of the law of war and with intent or reason to
believe that it is to be used to the injury of the United
States or to the advantage of a foreign power, collects or
attempts to collect information by clandestine means or while
acting under false pretenses, for the purpose of conveying such
information to an enemy of the United States, or one of the co-
belligerents of the enemy, shall be punished by death or such
other punishment as a military commission under this chapter
may direct.
``(28) Contempt.--A military commission under this chapter
may punish for contempt any person who uses any menacing word,
sign, or gesture in its presence, or who disturbs its
proceedings by any riot or disorder.
``(29) Perjury and obstruction of justice.--A military
commission under this chapter may try offenses and impose such
punishment as the military commission may direct for perjury,
false testimony, or obstruction of justice related to the
military commission.''.
(b) Conforming Amendment.--Paragraph (13) of section 802 of title
10, United States Code (article 2 of the Uniform Code of Military
Justice), is amended to read as follows:
``(13) Privileged belligerents (as that term is defined
section 948a(3) of this title) who violate the law of war.''.
(c) Proceedings Under Prior Statute.--
(1) Prior convictions.--The amendments made by subsection
(a) shall have no effect on the validity of any conviction
pursuant to chapter 47A of title 10, United States Code, as
such chapter was in effect on the day before the date of the
enactment of this Act.
(2) Composition of military commissions.--Notwithstanding
the amendments made by subsection (a)--
(A) any commission convened pursuant to chapter 47A
of title 10, United States Code, as such chapter was in
effect on the day before the date of the enactment of
this Act, shall be deemed to have been convened
pursuant to chapter 47A of title 10, United States
Code, as amended by subsection (a);
(B) any member of the Armed Forces detailed to
serve on a commission pursuant to chapter 47A of title
10, United States Code, as in effect on the day before
the date of the enactment of this Act, shall be deemed
to have been detailed pursuant to chapter 47A of title
10, United States Code, as so amended;
(C) any military judge detailed to a commission
pursuant to chapter 47A of title 10, United States
Code, as in effect on the day before the date of the
enactment of this Act, shall be deemed to have been
detailed pursuant to chapter 47A of title 10, United
States Code, as so amended;
(D) any trial counsel or defense counsel detailed
for a commission pursuant to chapter 47A of title 10,
United States Code, as in effect on the day before the
date of the enactment of this Act, shall be deemed to
have been detailed pursuant to chapter 47A of title 10,
United States Code, as so amended; and
(E) any court reporters detailed to or employed by
a commission pursuant to chapter 47A of title 10,
United States Code, as in effect on the day before the
date of the enactment of this Act, shall be deemed to
have been detailed or employed pursuant to chapter 47A
of title 10, United States Code, as so amended.
(3) Charges and specifications.--Notwithstanding the
amendments made by subsection (a)--
(A) any charges or specifications sworn or referred
pursuant to chapter 47A of title 10, United States
Code, as such chapter was in effect on the day before
the date of the enactment of this Act, shall be deemed
to have been sworn or referred pursuant to chapter 47A
of title 10, United States Code, as amended by
subsection (a); and
(B) any charges or specifications described in
subparagraph (A) may be amended, without prejudice, as
needed to properly allege jurisdiction under chapter
47A of title 10, United States Code, as so amended, and
crimes triable under such chapter.
(4) Procedures and requirements.--Except as provided in
paragraphs (1) through (3), any commission convened pursuant to
chapter 47A of title 10, United States Code, as such chapter
was in effect on the day before the date of the enactment of
this Act, shall be conducted after the date of the enactment of
this Act in accordance with the procedures and requirements of
chapter 47A of title 10, United States Code, as amended by
subsection (a).
(d) Notice to Congress.--
(1) Initial rules.--Not later than 90 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
the House of Representatives a report setting for the
procedures for military commissions prescribed under chapter
47A of title 10, United States Code, as amended by subsection
(a).
(2) Changes to procedures.--Not later than 60 days before
the date on which any proposed modification of the regulations
in effect for military commissions under Chapter 47A of title
10, United States Code, as so amended, goes into effect, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report describing the modification.
SEC. 1032. TRIAL BY MILITARY COMMISSION OF ALIEN UNPRIVILEGED
BELLIGERENTS FOR VIOLATIONS OF THE LAW OF WAR.
(a) In General.--Subchapter I of chapter 47A of title 10, United
States Code, as amended by section 1031(a), is further amended by
adding at the end the following new section:
``Sec. 948e. Trial by military commission of alien unprivileged
belligerents for violations of the law of war
``(a) Sense of Congress.--It is the sense of Congress that the
preferred forum for the trial of alien unprivileged enemy belligerents
subject to this chapter for violations of the law of war and other
offenses made punishable by this chapter is trial by military
commission under this chapter.''
(b) Clerical Amendment.--The table of sections of the beginning of
such subchapter, as amended by section 1031(a), is further amended by
adding after the item relating to section 948d the following new item:
``948e. Trial by military commission of alien unprivileged belligerents
for violations of the law of war.''.
SEC. 1033. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS.
(a) Definitions.--In this section--
(1) the term ``foreign national'' means an individual who
is not a citizen or national of the United States; and
(2) the term ``enemy combatant'' includes a privileged
belligerent and an unprivileged enemy belligerent, as those
terms are defined in section 948a of title 10, United States
Code, as amended by section 1031 of this Act.
(b) No Miranda Warnings.--Absent an unappealable court order
requiring the reading of such statements, no military or intelligence
agency or department of the United States shall read to a foreign
national who is captured or detained as an enemy combatant by the
United States the statement required by Miranda v. Arizona, 384 U.S.
436 (1966), or otherwise inform such a prisoner of any rights that the
prisoner may or may not have to counsel or to remain silent consistent
with Miranda v. Arizona, 384 U.S. 436 (1966). No Federal statute,
regulation, or treaty shall be construed to require that a foreign
national who is captured or detained as an enemy combatant by the
United States be informed of any rights to counsel or remain silent
consistent with Miranda v. Arizona, 384 U.S. 436 (1966) that the
prisoner may or may not have, except as required by the United States
Constitution. No statement that is made by a foreign national who is
captured or detained as an enemy combatant by the United States may be
excluded from any proceeding on the basis that the prisoner was not
informed of a right to counsel or to remain silent, that the prisoner
may or may not have, unless required by the United States Constitution.
(c) In General.--This section shall not apply to the Department of
Justice.
Subtitle E--Medical Facility Matters
SEC. 1041. SHORT TITLE.
This subtitle may be cited as the ``Captain James A. Lovell Federal
Health Care Center Act of 2009''.
SEC. 1042. EXECUTIVE AGREEMENT.
(a) Executive Agreement 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 Secretary of
Veterans Affairs shall execute a signed executive agreement for the
joint use by the Department of Defense and the Department of Veterans
Affairs of the following:
(1) A new Navy ambulatory care center (on which
construction commenced in July 2008), parking structure, and
supporting structures and facilities in North Chicago,
Illinois, and Great Lakes, Illinois.
(2) Medical personal property and equipment relating to the
center, structures, and facilities described in paragraph (1).
(b) Scope.--The agreement required by subsection (a) shall--
(1) be a binding operational agreement on matters under the
areas specified in section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500); and
(2) contain additional terms and conditions as required by
the provisions of this title.
SEC. 1043. TRANSFER OF PROPERTY.
(a) Transfer.--
(1) Transfer authorized.--The Secretary of Defense, acting
through the Administrator of General Services, may transfer,
without reimbursement, to the Secretary of Veterans Affairs
jurisdiction over the center, structures, facilities, and
property and equipment covered by the executive agreement under
section 1042.
(2) Date of transfer.--The transfer authorized by paragraph
(1) may not occur before the earlier of--
(A) the date that is five years after the date of
the execution under section 1042 of the executive
agreement required by that section; or
(B) the date of the completion of such specific
benchmarks relating to the joint use by the Department
of Defense and the Department of Veterans Affairs of
the Navy ambulatory care center described in section
1042(a)(1) as the Secretary of Defense (in consultation
with the Secretary of the Navy) and Secretary of the
Department of Veterans Affairs shall jointly establish
for purposes of this section not later than 180 days
after the date of the enactment of this Act.
(3) Delay of transfer for completion of construction.--If
construction on the center, structures, and facilities
described in paragraph (1) is not complete as of the date
specified in subparagraph (A) or (B) of that paragraph, as
applicable, the transfer of the center, structures, and
facilities under that paragraph may occur thereafter upon
completion of the construction.
(4) Discharge of transfer.--The Administrator of General
Services shall effectualize and memorialize the transfer as
authorized by this subsection not later than 30 days after
receipt of the request for the transfer.
(5) Designation of facility.--The center, structures,
facilities transferred under this subsection shall be
designated and known after transfer under this subsection as
the ``Captain James A. Lovell Federal Health Care Center''.
(b) Reversion.--
(1) In general.--If any of the real and related personal
property transferred pursuant to subsection (a) is subsequently
used for purposes other than those specified in the executive
agreement required by section 1042, or is otherwise jointly
determined by the Secretary of Defense and the Secretary of
Veterans Affairs to be excess to the needs of the Captain James
A. Lovell Federal Health Care Center, the Secretary of Veterans
Affairs shall offer to transfer jurisdiction over such
property, without reimbursement, to the Secretary of Defense.
Any such transfer shall be carried out by the Administrator of
General Services not later than one year after the acceptance
of the offer of such transfer, plus such additional time as the
Administrator may require to effectuate and memorialize such
transfer.
(2) Reversion in event of lack of facilities integration.--
(A) Within initial period.--During the five-year
period beginning on the date of the transfer of real
and related personal property pursuant to subsection
(a), if the Secretary of Veterans Affairs, the
Secretary of Defense, and the Secretary of Navy jointly
determine that the integration of the facilities
transferred pursuant to that subsection should not
continue, jurisdiction over such real and related
personal property shall be transferred, without
reimbursement, to the Secretary of Defense. The
transfer under this subparagraph shall be carried out
by the Administrator of General Services not later than
180 days after the date of the determination by the
Secretaries, plus such additional time as the
Administrator may require to effectuate and memorialize
such transfer.
(B) After initial period.--After the end of the
five-year period described in subparagraph (A), if the
Secretary of Veterans Affairs or the Secretary of
Defense determines that the integration of the
facilities transferred pursuant to subsection (a)
should not continue, the Secretary of Veterans Affairs
shall transfer, without reimbursement, to the Secretary
of Defense jurisdiction over the real and related
personal property described in subparagraph (A). Any
transfer under this subparagraph shall be carried out
by the Administrator of General Services not later than
one year after the date of the determination by the
applicable Secretary, plus such additional time as the
Administrator may require to effectuate and memorialize
such transfer.
(C) Reversion procedures.--The executive agreement
required by section 1042 shall provide the following:
(i) Specific procedures for the reversion
of real and related personal property, as
appropriate, transferred pursuant to subsection
(a) to ensure the continuing accomplishment by
the Department of Defense and the Department of
Veterans Affairs of their missions in the event
that the integration of facilities described
transferred pursuant to that subsection (a) is
not completed or a reversion of property occurs
under subparagraph (A) or (B).
(ii) In the event of a reversion under this
paragraph, the transfer from the Department of
Veterans Affairs to the Department of Defense
of associated functions including appropriate
resources, civilian positions, and personnel,
in a manner that will not result in adverse
impact to the missions of Department of Defense
or the Department of Veterans Affairs.
SEC. 1044. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.
(a) Transfer of Functions.--The Secretary of Defense and the
Secretary of the Navy may transfer to the Secretary of Veterans Affairs
functions necessary for the effective operation of the Captain James A.
Lovell Federal Health Care Center. The Secretary of Veterans Affairs
may accept any functions so transferred.
(b) Terms.--
(1) Executive agreement.--Any transfer of functions under
subsection (a) shall be carried out as provided in the
executive agreement required by section 1042. The functions to
be so transferred shall be identified utilizing the provisions
of section 3503 of title 5, United States Code.
(2) Elements.--In providing for the transfer of functions
under subsection (a), the executive agreement required by
section 1042 shall provide for the following:
(A) The transfer of civilian employee positions of
the Department of Defense identified in the executive
agreement to the Department of Veterans Affairs, and of
the incumbent civilian employees in such positions, and
the transition of the employees so transferred to the
pay, benefits, and personnel systems that apply to
employees of the Department of Veterans Affairs (to the
extent that different systems apply).
(B) The transition of employees so transferred to
the pay systems of the Department of Veterans Affairs
in a manner which will not result in any reduction in
an employee's regular rate of compensation (including
basic pay, locality pay, any physician comparability
allowance, and any other fixed and recurring pay
supplement) at the time of transition.
(C) The continuation after transfer of the same
employment status for employees so transferred who have
already successfully completed or are in the process of
completing a one-year probationary period under title
5, United States Code, notwithstanding the provisions
of section 7403(b)(1) of title 38, United States Code.
(D) The extension of collective bargaining rights
under title 5, United States Code, to employees so
transferred in positions listed in subsection 7421(b)
of title 38, United States Code, notwithstanding the
provisions of section 7422 of title 38, United States
Code, for a two-year period beginning on the effective
date of the executive agreement.
(E) At the end of the two-year period beginning on
the effective date of the executive agreement, for the
following actions by the Secretary of Veterans Affairs
with respect to the extension of collective bargaining
rights under subparagraph (D):
(i) Consideration of the impact of the
extension of such rights.
(ii) Consultation with exclusive employee
representatives of the transferred employees
about such impact.
(iii) Determination, after consultation
with the Secretary of Defense and the Secretary
of the Navy, whether the extension of such
rights should be terminated, modified, or kept
in effect.
(iv) Submittal to Congress of a notice
regarding the determination made under clause
(iii).
(F) The recognition after transfer of each
transferred physician's and dentist's total number of
years of service as a physician or dentist in the
Department of Defense for purposes of calculating such
employee's rate of base pay, notwithstanding the
provisions of section 7431(b)(3) of title 38, United
States Code.
(G) The preservation of the seniority of the
employees so transferred for all pay purposes.
(c) Retention of Department of Defense Employment Authority.--
Notwithstanding subsections (a) and (b), the Department of Defense may
employ civilian personnel at the Captain James Lovell Federal Health
Care Center if the Secretary of the Navy, or a designee of the
Secretary, determines it is necessary and appropriate to meet mission
requirements of the Department of the Navy.
SEC. 1045. JOINT FUNDING AUTHORITY FOR THE CAPTAIN JAMES A. LOVELL
FEDERAL HEALTH CARE CENTER.
(a) In General.--The Department of Veterans Affairs/Department of
Defense Health-Care Resources Sharing Committee under section 8111(b)
of title 38, United States Code, may provide for the joint funding of
the Captain James A. Lovell Federal Health Care Center in accordance
with the provisions of this section.
(b) Health Care Center Fund.--
(1) Establishment.--There is established on the books of
the Treasury under the Department of Veterans Affairs a fund to
be known as the ``Captain James A. Lovell Federal Health Care
Center Fund'' (in this section referred to as the ``Fund'').
(2) Elements.--The Fund shall consist of the following:
(A) Amounts transferred to the Fund by the
Secretary of Defense, in consultation with the
Secretary of the Navy, from amounts authorized to be
appropriated for the Department of Defense.
(B) Amounts transferred to the Fund by the
Secretary of Veterans Affairs from amounts authorized
to be appropriated for the Department of Veterans
Affairs.
(C) Amounts transferred to the Fund from medical
care collections under paragraph (4).
(3) Determination of amounts transferred generally.--The
amount transferred to the Fund by each of the Secretary of
Defense and the Secretary of Veterans Affairs under
subparagraphs (A) and (B), as applicable, of paragraph (2) each
fiscal year shall be such amount, as determined by a
methodology jointly established by the Secretary of Defense and
the Secretary of Veterans Affairs for purposes of this
subsection, that reflects the mission-specific activities,
workload, and costs of provision of health care at the Captain
James A. Lovell Federal Health Care Center of the Department of
Defense and the Department of Veterans Affairs, respectively.
(4) Transfers from medical care collections.--
(A) In general.--Amounts collected under the
authorities specified in subparagraph (B) for health
care provided at the Captain James A. Lovell Federal
Health Care Center may be transferred to the Fund under
paragraph (2)(C).
(B) Authorities.--The authorities specified in this
subparagraph are the following:
(i) Section 1095 of title 10, United States
Code.
(ii) Section 1729 of title 38, United
States Code.
(iii) Public Law 87-693, popularly known as
the ``Federal Medical Care Recovery Act'' (42
U.S.C. 2651 et seq.).
(5) Administration.--The Fund shall be administered in
accordance with such provisions of the executive agreement
required by section 1042 as the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly include in the
executive agreement. Such provisions shall provide for an
independent review of the methodology established under
paragraph (3).
(c) Availability.--
(1) In general.--Funds transferred to the Fund under
subsection (b) shall be available to fund the operations of the
Captain James A. Lovell Federal Health Care Center, including
capital equipment, real property maintenance, and minor
construction projects that are not required to be specifically
authorized by law under section 2805 of title 10, United States
Code, or section 8104 of title 38, United States Code.
(2) Limitation.--The availability of funds transferred to
the Fund under subsection (b)(2)(C) shall be subject to the
provisions of section 1729A of title 38, United States Code.
(3) Period of availability.--
(A) In general.--Except as provided in subparagraph
(B), funds transferred to the Fund under subsection (b)
shall be available under paragraph (1) for one fiscal
year after transfer.
(B) Exception.--Of an amount transferred to the
Fund under subsection (b), an amount not to exceed two
percent of such amount shall be available under
paragraph (1) for two fiscal years after transfer.
(d) Financial Reconciliation.--The executive agreement required by
section 1042 shall provide for the development and implementation of an
integrated financial reconciliation process that meets the fiscal
reconciliation requirements of the Department of Defense, the
Department of the Navy, and the Department of Veterans Affairs. The
process shall permit each of the Department of Defense, the Department
of Navy, and the Department of Veterans Affairs to identify their
fiscal contributions to the Fund, taking into consideration accounting,
workload, and financial management differences.
(e) Annual Report.--The Secretary of Defense, in consultation with
the Secretary of the Navy, and the Secretary of Veterans Affairs shall
jointly provide for an annual independent review of the Fund for at
least three years after the date of the enactment of this Act. Such
review shall include detailed statements of the uses of amounts of the
Fund and an evaluation of the adequacy of the proportional share
contributed to the Fund by each of the Secretary of Defense and the
Secretary of Veterans Affairs.
(f) Termination.--The authorities in this section shall terminate
on September 30, 2015.
SEC. 1046. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES FOR CARE
AND SERVICES AT THE CAPTAIN JAMES A. LOVELL FEDERAL
HEALTH CARE CENTER.
(a) In General.--For purposes of eligibility for health care under
chapter 55 of title 10, United States Code, the Captain James A. Lovell
Federal Health Care Center may be treated as a facility of the
uniformed services to the extent provided under subsection (b) in the
executive agreement required by section 1042.
(b) Additional Elements.--The executive agreement required by
section 1042 may include provisions as follows:
(1) To establish an integrated priority list for access to
health care at the Captain James A. Lovell Federal Health Care
Center, which list shall--
(A) integrate the respective health care priority
lists of the Secretary of Defense and the Secretary of
Veterans Affairs; and
(B) take into account categories of beneficiaries,
enrollment program status, and such other matters as
the Secretary of Defense and the Secretary of Veterans
Affairs jointly consider appropriate.
(2) To incorporate any resource-related limitations for
access to health care at the Captain James A. Lovell Federal
Health Care Center that the Secretary of Defense may establish
for purposes of administering space-available eligibility for
care in facilities of the uniformed services under chapter 55
of title 10, United States Code.
(3) To allocate financial responsibility for care provided
at the Captain James A. Lovell Federal Health Care Center for
individuals who are eligible for care under both chapter 55 of
title 10, United States Code, and title 38, United States Code.
(4) To waive the applicability to the Captain James A.
Lovell Federal Health Care Center of any provision of section
8111(e) of title 38, United States Code, that the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
specify.
SEC. 1047. EXTENSION OF DOD-VA HEALTH CARE SHARING INCENTIVE FUND.
Section 8111(d)(3) of title 38, United States Code, is amended by
striking ``September 30, 2010'' and inserting ``September 30, 2015''.
Subtitle F--Miscellaneous Requirements, Authorities, and Limitations
SEC. 1051. CONGRESSIONAL EARMARKS RELATING TO THE DEPARTMENT OF
DEFENSE.
(a) Report on Recurring Earmarks.--
(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
setting forth a list of each congressional earmark that has
been included in a national defense authorization Act for three
or more consecutive fiscal years as of the national defense
authorization Act for fiscal year 2010.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the extent to which
competitive or merit-based procedures were used to
award funding, or to enter into a contract, grant, or
other agreement, pursuant to each congressional earmark
listed in the report.
(B) An identification of the specific contracting
vehicle used for each such earmark.
(C) In the case of any congressional earmark listed
in the report for which competitive or merit-based
procedures were not used to award funding, or to enter
the contract, grant, or other agreement, a statement of
the reasons competitive or merit-based procedures were
not used.
(b) DoD Inspector General Audit of Earmarks.--The Inspector General
of the Department of Defense shall conduct an audit of contracts,
grants, or other agreements pursuant to congressional earmarks of
Department of Defense funds to determine whether or not the recipients
of such earmarks are complying with requirements of Federal law on the
use of appropriated funds to influence, whether directly or indirectly,
congressional action on any legislation or appropriation matter pending
before Congress.
(c) Definitions.--In this section:
(1) The term ``congressional earmark'' means any
congressionally directed spending item (Senate) or
congressional earmark (House of Representatives) on the list
published in compliance with rule XLIV of the Standing Rules of
the Senate or rule XXI of the Rules of the House of
Representatives.
(2) The term ``national defense authorization Act'' means
an Act authorizing funds for a fiscal year for the military
activities of the Department of Defense, and for other
purposes.
SEC. 1052. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING THE NUCLEAR
FORENSIC AND ATTRIBUTION CAPABILITIES OF THE UNITED
STATES.
(a) In General.--The President, with the participation of the
officials specified in subsection (c), shall develop a national
strategic plan for improving over a five-year period the nuclear
forensic and attribution capabilities of the United States and the
methods, capabilities, and capacity for nuclear materials forensics and
attribution.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) An investment plan to support nuclear materials
forensics and attribution.
(2) Recommendations with respect to--
(A) the allocation of roles and responsibilities
for pre-detonation, detonation, and post-detonation
activities; and
(B) methods for the attribution of nuclear or
radiological material to the source when such material
is intercepted by the United States, foreign
governments, or international bodies or is dispersed in
the course of a terrorist attack or other nuclear or
radiological explosion.
(c) Officials.--The officials specified in this subsection are the
following:
(1) The Secretary of Homeland Security.
(2) The Secretary of Defense.
(3) The Secretary of Energy.
(4) The Attorney General.
(5) The Secretary of State.
(6) The Director of National Intelligence.
(7) Such other officials as the President considers
appropriate.
(d) Submittal to Congress.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit to Congress
the plan required under subsection (a).
SEC. 1053. ONE-YEAR EXTENSION OF AUTHORITY TO OFFER AND MAKE REWARDS
FOR ASSISTANCE IN COMBATING TERRORISM THROUGH GOVERNMENT
PERSONNEL OF ALLIED FORCES.
Section 127b(c)(3)(C) of title 10, United States Code, is amended
by striking ``September, 30, 2009'' and inserting ``September, 30,
2010''.
SEC. 1054. BUSINESS PROCESS REENGINEERING.
(a) New Programs.--Section 2222 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A) of this subsection,
the following new paragraph (1):
``(1) the appropriate chief management officer for the
defense business system modernization has determined whether or
not--
``(A) the defense business system modernization is
in compliance with the enterprise architecture
developed under subsection (c); and
``(B) appropriate business process reengineering
efforts have been undertaken to ensure that--
``(i) the business process to be supported
by the defense business system modernization
will be as streamlined and efficient as
practicable; and
``(ii) the need to tailor commercial-off-
the-shelf systems to meet unique requirements
or incorporate unique interfaces has been
eliminated or reduced to the maximum extent
practicable;'';
(C) in paragraph (2), as redesignated by
subparagraph (A) of this subsection, by striking
subparagraph (A) and inserting the following new
subparagraph (A):
``(A) has been determined by the appropriate chief
management officer to be in compliance with the
requirements of paragraph (1);''; and
(D) in paragraph (3), as redesignated by
subparagraph (A) of this paragraph, by striking ``the
certification by the approval authority is'' and
inserting ``the certification by the approval authority
and the determination by the chief management officer
are''; and
(2) in subsection (f)--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(B) by inserting ``(1)'' before ``The Secretary of
Defense'';
(C) in subparagraph (E) of paragraph (1), as
designated by this paragraph, by striking ``paragraphs
(1) through (4)'' and inserting ``subparagraphs (A)
through (D)''; and
(D) by adding at the end the following new
paragraph (2):
``(2) For purposes of subsection (a), the appropriate chief
management officer for a defense business system modernization is as
follows:
``(A) In the case of an Army program, the Chief Management
Officer of the Army.
``(B) In the case of a Navy program, the Chief Management
Officer of the Navy.
``(C) In the case of an Air Force program, the Chief
Management Officer of the Air Force.
``(D) In the case of a program of a Defense Agency, the
Deputy Chief Management Officer of the Department of Defense.
``(E) In the case of a program that will support the
business processes of more than one military department or
Defense Agency, the Deputy Chief Management Officer of the
Department of Defense.''.
(b) Ongoing Programs.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the appropriate chief management
officer for each defense business system modernization approved
by the Defense Business Systems Management Committee before the
date of the enactment of this Act that will have a total cost
in excess of $100,000,000 shall review such defense business
system modernization to determine whether or not appropriate
business process reengineering efforts have been undertaken to
ensure that--
(A) the business process to be supported by such
defense business system modernization will be as
streamlined and efficient as practicable; and
(B) the need to tailor commercial-off-the-shelf
systems to meet unique requirements or incorporate
unique interfaces has been eliminated or reduced to the
maximum extent practicable.
(2) Action on finding of lack of reengineering efforts.--If
the appropriate chief management officer determines that
appropriate business process reengineering efforts have not
been undertaken with regard to a defense business system
modernization as described in paragraph (1), that chief
management officer--
(A) shall develop a plan to undertake business
process reengineering efforts with respect to the
defense business system modernization; and
(B) may direct that the defense business system
modernization be restructured or terminated, if
necessary to meet the requirements of paragraph (1).
(3) Definitions.--In this subsection:
(A) The term ``appropriate chief management
officer'', with respect to a defense business system
modernization, has the meaning given that term in
paragraph (2) of subsection (f) of section 2222 of
title 10, United States Code (as amended by subsection
(a)(2) of this section).
(B) The term ``defense business system
modernization'' has the meaning given that term in
subsection (j)(3) of section 2222 of title 10, United
States Code.
SEC. 1055. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL
POSITIONING SYSTEM REPORT.
(a) In General.--Section 2281(d) of title 10, United States Code,
is amended--
(1) in paragraph (1)--
(A) by striking ``the Secretary of Defense'' and
inserting ``the Deputy Secretary of Defense and the
Deputy Secretary of Transportation, in their capacity
as co-chairs of the National Executive Committee for
Space-Based Positioning, Navigation, and Timing,''; and
(B) by striking ``the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives'' and inserting ``the
Committees on Armed Services and Commerce, Science, and
Transportation of the Senate and the Committees on
Armed Services, Energy and Commerce, and Transportation
and Infrastructure of the House of Representatives'';
and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) In preparing each report required under paragraph (1), the
Deputy Secretary of Defense and the Deputy Secretary of Transportation,
in their capacity as co-chairs of the National Executive Committee for
Space-Based Positioning, Navigation, and Timing, shall consult with the
Secretary of Defense, the Secretary of State, the Secretary of
Transportation, and the Secretary of Homeland Security.''.
(b) Technical Amendments.--Paragraph (1)(B)(ii) of such section is
amended--
(1) by inserting ``validated'' before ``performance
requirements''; and
(2) by inserting ``in accordance with Office of Management
and Budget Circular A-109'' after ``Plan''.
SEC. 1056. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE.
Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 8) is
amended by adding at the end the following new subsection:
``(i)(1) The Inspector General of the Department of Defense is
authorized to require by subpoena the attendance and testimony of
witnesses necessary to carry out an audit or investigation pursuant to
the authorities of this Act.
``(2) A subpoena issued under this subsection, in the case of
contumacy or refusal to obey, shall be enforceable by order of any
appropriate United States district court.
``(3) The Inspector General shall consult with the Attorney General
before issuing any subpoena under this section, and shall not proceed
with the issuance of such a subpoena if the Attorney General
objects.''.
SEC. 1057. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR DEFENSE
ACQUISITION PROGRAMS AND MAJOR SYSTEM ACQUISITION
PROGRAMS.
Section 1047(d) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4603; 10 U.S.C.
2366b note) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by indenting such
subparagraphs, as so redesignated, four ems from the left
margin;
(2) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(3) by adding at the end the following:
``(2) Reports.--Not later than January 1 each year, the
Secretary of Defense and the Director of National Intelligence
shall each submit to the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives a report on any determinations made under
paragraph (1) with respect to meeting the bandwidth
requirements for major defense acquisition programs and major
system acquisition programs during the preceding fiscal
year.''.
SEC. 1058. MULTIYEAR CONTRACTS UNDER PILOT PROGRAM ON COMMERCIAL FEE-
FOR-SERVICE AIR REFUELING SUPPORT FOR THE AIR FORCE.
(a) Multiyear Contracts Authorized.--The Secretary of the Air Force
may enter into one or more multiyear contracts, beginning with the
fiscal year 2011 program year, for purposes of conducting the pilot
program on utilizing commercial fee-for-service air refueling tanker
aircraft for Air Force operations required by section 1081 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 335).
(b) Compliance With Law Applicable to Multiyear Contracts.--Any
contract entered into under subsection (a) shall be entered into in
accordance with the provisions of section 2306c of title 10, United
States Code, except that--
(1) the term of the contract may not be more than 8 years;
(2) notwithstanding subsection 2306c(b) of title 10, United
States Code, the authority under subsection 2306c(a) of title
10, United States Code, shall apply to the fee-for-service air
refueling pilot program;
(3) the contract may contain a clause setting forth a
cancellation ceiling in excess of $100,000,000; and
(4) the contract may provide for an unfunded contingent
liability in excess of $20,000,000.
(c) Compliance With Law Applicable to Service Contracts.--A
contract entered into under subsection (a) shall be entered into in
accordance with the provisions of section 2401 of title 10, United
States Code, except that--
(1) the Secretary shall not be required to certify to the
congressional defense committees that the contract is the most
cost-effective means of obtaining commercial fee-for-service
air refueling tanker aircraft for Air Force operations; and
(2) the Secretary shall not be required to certify to the
congressional defense committees that there is no alternative
for meeting urgent operational requirements other than making
the contract.
(d) Limitation on Amount.--The amount of a contract under
subsection (a) may not exceed $999,999,999.
(e) Provision of Government Insurance.--A commercial air operator
contracting with the Department of Defense under the pilot program
referred to in subsection (a) shall be eligible to receive government
provided insurance pursuant to chapter 443 of title 49, United States
Code, if commercial insurance is unavailable on reasonable terms and
conditions.
SEC. 1059. ADDITIONAL DUTY FOR ADVISORY PANEL ON DEPARTMENT OF DEFENSE
CAPABILITIES FOR SUPPORT OF CIVIL AUTHORITIES AFTER
CERTAIN INCIDENTS.
Section 1082(d) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 337) is amended by--
(1) redesignating paragraphs (7) and (8) as paragraphs (9)
and (10), respectively;
(2) in paragraph (4), by striking ``other department'' and
inserting ``other departments''; and
(3) by inserting after paragraph (6) the following new
paragraphs:
``(7) assess the adequacy of the process and methodology by
which the Department of Defense establishes, maintains, and
resources dedicated, special, and general purpose forces for
conducting operations described in paragraph (1);
``(8) assess the adequacy of the resources planned and
programmed by the Department of Defense to ensure the
preparedness and capability of dedicated, special, and general
purpose forces for conducting operations described in paragraph
(1);''.
Subtitle G--Reports
SEC. 1071. NATIONAL INTELLIGENCE ESTIMATE ON NUCLEAR ASPIRATIONS OF
NON-STATE ENTITIES AND NUCLEAR WEAPONS AND RELATED
PROGRAMS IN NON-NUCLEAR-WEAPONS STATES AND COUNTRIES NOT
PARTIES TO THE NUCLEAR NON-PROLIFERATION TREATY.
(a) In General.--The Director of National Intelligence shall
prepare a national intelligence estimate (NIE) on the following:
(1) The nuclear weapons programs and any related programs
of countries that are non-nuclear-weapons state parties to the
Treaty on Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (commonly known as the ``Nuclear Non-
Proliferation Treaty'') and countries that are not parties to
the Treaty.
(2) The nuclear weapons aspirations of such non-state
entities as the Director considers appropriate to include in
the estimate.
(b) Elements.--The national intelligence estimate required under
subsection (a) shall include, with respect to each country described in
subsection (a)(1) and each non-state entity referred to in subsection
(a)(2), the following:
(1) A statement of the number of nuclear weapons possessed
by such country or non-state entity.
(2) An estimate of the total number of nuclear weapons that
such country or non-state entity seeks to obtain and, in the
case of such non-state entity, an assessment of the extent to
which such non-state entity is seeking to develop a nuclear
weapon or device or radiological dispersion device.
(3) A description of the technical characteristics of any
nuclear weapons possessed by such country or non-state entity.
(4) A description of nuclear weapons designs available to
such country or non-state entity.
(5) A description of any sources of assistance with respect
to nuclear weapons design provided to such country or non-state
entity.
(6) An assessment of the annual capability of such country
and non-state entity to produce new or newly designed nuclear
weapons.
(7) A description of the type of fissile materials used in
any nuclear weapons possessed by such country or non-state
entity.
(8) An description of the location and production
capability of any fissile materials production facilities in
such country or controlled by such non-state entity, the
current status of any such facilities, and any plans by such
country or non-state entity to develop such facilities.
(9) An identification of the source of any fissile
materials used by such country or non-state entity, if such
materials are not produced in facilities referred to in
paragraph (8).
(10) A description of any delivery systems available to
such country or non-state entity and an assessment of whether
nuclear warheads have been mated to any such delivery system.
(11) An assessment of the physical security of the storage
facilities for nuclear weapons in such country or controlled by
such non-state entity.
(12) An assessment of whether such country or non-state
entity is modernizing or otherwise improving the safety,
security, and reliability of the nuclear weapons stockpile of
such country or non-state entity.
(13) In the case of a country, an assessment of the policy
of such country on the employment and use of nuclear weapons.
(c) Submittal to Congress.--
(1) In general.--Except as provided in paragraph (2), the
Director of National Intelligence shall submit to the
congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee
on Intelligence of the House of Representatives the national
intelligence estimate required under subsection (a) by not
later than September 1, 2010.
(2) Notification of delay in submittal.--If the Director of
National Intelligence determines that it will not be possible
for the Director to submit the national intelligence estimate
by September 1, 2010, the Director shall, not later than August
1, 2010, submit to the committees specified in paragraph (1) a
notice--
(A) that the national intelligence estimate will
not be submitted by September 1, 2010; and
(B) setting forth the date by which the Director
will submit the national intelligence estimate.
SEC. 1072. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT OF
MILITARY WHISTLEBLOWER PROTECTIONS.
(a) Review.--The Comptroller General of the United States shall
conduct a review of military whistleblower protections afforded to
members of the Armed Services by the Department of Defense. The review
shall include an analysis of the following:
(1) A sample of military whistleblower cases at the Office
of the Inspector General of the Department of Defense, as well
as one or more Offices of the Inspector General of a military
department (as selected by the Comptroller General for the
purposes of this section).
(2) Department-wide efforts to educate and inform members
of the Armed Forces about the protections provided to them
under section 1034 of title 10, United States Code.
(3) A sample of military whistleblower reprisal appeals (as
selected by the Comptroller General for the purposes of this
section) heard by the Boards for the Correction of Military
Records referred to in section 1552 of title 10, United States
Code, of each military department.
(b) Report.--Not later than December 1, 2009, the Comptroller
General shall submit a report on the review and analysis conducted
under subsection (a) to the Chairman and Ranking Minority Member of
each of the following:
(1) The Committees on Armed Services, Homeland Security and
Governmental Affairs, and the Judiciary of the Senate.
(2) The Committees on Armed Services, Homeland Security,
and the Judiciary of the House of Representatives.
SEC. 1073. REPORT ON RE-DETERMINATION PROCESS FOR PERMANENTLY
INCAPACITATED DEPENDENTS OF RETIRED AND DECEASED MEMBERS
OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
re-determination process of the Department of Defense used to determine
the eligibility of permanently incapacitated dependents of retired and
deceased members of the Armed Forces for benefits provided under laws
administered by the Secretary. The report shall include the following:
(1) An assessment of the re-determination process,
including the following:
(A) The rationale for requiring a quadrennial
recertification of financial support after issuance of
a permanent identification card to a permanently
incapacitated dependent.
(B) The administrative and other burdens the
quadrennial recertification imposes on the affected
sponsor and dependents, especially after the sponsor
becomes ill, incapacitated, or deceased.
(C) The extent to which the quadrennial
recertification undermines the utility of issuing a
permanent identification card.
(D) The extent of the consequences entailed in
eliminating the requirement for quadrennial
recertification.
(2) Specific recommendations for the following:
(A) Improving the efficiency of the recertification
process.
(B) Minimizing the burden of such process on the
sponsors of such dependents.
(C) Eliminating the requirement for quadrennial
recertification.
SEC. 1074. COMPTROLLER GENERAL REVIEW OF SPENDING IN THE FINAL QUARTER
OF FISCAL YEAR 2009 BY THE DEPARTMENT OF DEFENSE.
(a) Review of Spending by the Comptroller General.--The Comptroller
General of the United States shall conduct a review of the obligations
and expenditures of the Department of Defense in the final quarter of
fiscal year 2009, as compared to the obligations and expenditures of
the Department in the first three quarters of that fiscal year, to
determine if policies with respect to spending by the Department
contribute to hastened year-end spending and poor use or waste of
taxpayer dollars.
(b) Report.--Not later than the earlier of March 30, 2010, or the
date that is 180 days after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a report containing--
(1) the results of the review conducted under subsection
(a); and
(2) any recommendations of the Comptroller General with
respect to improving the policies pursuant to which amounts
appropriated to the Department of Defense are obligated and
expended in the final quarter of the fiscal year.
SEC. 1075. REPORT ON AIR AMERICA.
(a) Definitions.--In this section:
(1) Air america.--The term ``Air America'' means Air
America, Incorporated.
(2) Associated company.--The term ``associated company''
means any entity associated with, predecessor to, or subsidiary
to Air America, including Air Asia Company Limited, CAT
Incorporated, Civil Air Transport Company Limited, and the
Pacific Division of Southern Air Transport during the period
when such an entity was owned and controlled by the United
States Government.
(b) Report on Retirement Benefits for Former Employees of Air
America.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the
advisability of providing Federal retirement benefits to United
States citizens for the service of such citizens prior to 1977
as employees of Air America or an associated company during a
period when Air America or the associated company was owned or
controlled by the United States Government and operated or
managed by the Central Intelligence Agency.
(2) Report elements.--The report required by paragraph (1)
shall include the following:
(A) The history of Air America and the associated
companies prior to 1977, including a description of--
(i) the relationship between Air American
and the associated companies and the Central
Intelligence Agency or any other element of the
United States Government;
(ii) the workforce of Air America and the
associated companies;
(iii) the missions performed by Air
America, the associated companies, and their
employees for the United States; and
(iv) the casualties suffered by employees
of Air America and the associated companies in
the course of their employment.
(B) A description of--
(i) the retirement benefits contracted for
or promised to the employees of Air America and
the associated companies prior to 1977;
(ii) the contributions made by such
employees for such benefits;
(iii) the retirement benefits actually paid
such employees;
(iv) the entitlement of such employees to
the payment of future retirement benefits; and
(v) the likelihood that such employees will
receive any future retirement benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former
employees of Air America and the associated
companies have received or will receive by
virtue of their employment with Air America and
the associated companies; and
(ii) the retirement benefits that such
employees would have received or be eligible to
receive if such employment was deemed to be
employment by the United States Government and
their service during such employment was
credited as Federal service for the purpose of
Federal retirement benefits.
(D)(i) Any recommendations regarding the
advisability of legislative action to treat such
employment as Federal service for the purpose of
Federal retirement benefits in light of the
relationship between Air America and the associated
companies and the United States Government and the
services and sacrifices of such employees to and for
the United States.
(ii) If legislative action is considered advisable
under clause (i), a proposal for such action and an
assessment of its costs.
(E) The opinions of the Director of the Central
Intelligence Agency, if any, on any matters covered by
the report that the Director of the Central
Intelligence Agency considers appropriate.
(3) Assistance of comptroller general.--The Comptroller
General of the United States shall, upon the request of the
Director of National Intelligence and in a manner consistent
with the protection of classified information, assist the
Director in the preparation of the report required by paragraph
(1).
(4) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1076. REPORT ON CRITERIA FOR SELECTION OF STRATEGIC EMBARKATION
PORTS AND SHIP LAYBERTHING LOCATIONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Commander of the United States
Transportation Command shall submit to the congressional defense
committees a report with criteria for the selection of strategic
embarkation ports and ship layberth locations.
(b) Development of Criteria.--The criteria included in the report
required under subsection (a) shall--
(1) prioritize the facilitation of strategic deployment and
reduction of combatant commander force closure timelines;
(2) take into account--
(A) time required to crew, activate, and sail
sealift vessels to embarkation ports;
(B) distance and travel times for the forces from
assigned installation to embarkation ports;
(C) availability of adequate infrastructure to
transport forces from assigned installation to
embarkation ports; and
(D) time required to move forces from embarkation
ports to likely areas of force deployment around the
world; and
(3) inform the selection of strategic embarkation ports and
the procurement of ship layberthing services.
SEC. 1077. REPORT ON DEFENSE TRAVEL SIMPLIFICATION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a comprehensive plan to simplify
defense travel.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A comprehensive discussion of aspects of the Department
of Defense travel system that are most confusing, inefficient,
and in need of revision.
(2) Critical review of opportunities to streamline and
simplify defense travel policies and to reduce travel-related
costs to the Department of Defense.
(3) Options to leverage industry capabilities that could
enhance management responsiveness to changing markets.
(4) A discussion of pilot programs that could be undertaken
to prove the merit of improvements identified in accomplishing
actions specified in paragraphs (1) and (2), including
recommendations for legislative authority.
(5) Such recommendations and an implementation plan for
legislative or administrative action as the Secretary of
Defense considers appropriate to improve defense travel.
SEC. 1078. REPORT ON MODELING AND SIMULATION ACTIVITIES OF UNITED
STATES JOINT FORCES COMMAND.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, working through the
Director for Defense Research and Engineering, the Assistant Secretary
of Defense for Manufacturing and Industrial Base, and the Commander of
the United States Joint Forces Command, shall submit to the
congressional defense committees a report that describes current and
planned efforts to support and enhance the defense modeling and
simulation technological and industrial base, including in academia,
industry, and government.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the current and future domestic
defense modeling and simulation technological and industrial
base and its ability to meet current and future defense
requirements.
(2) A description of current and planned programs and
activities of the Department of Defense to enhance the ability
of the domestic defense modeling and simulation industrial base
to meet current and future defense requirements.
(3) A description of current and planned Department of
Defense activities in cooperation with Federal, State, and
local government organizations that promote the enhancement of
the ability of the domestic defense modeling and simulation
industrial base to meet current and future defense
requirements.
(4) A comparative assessment of current and future global
modeling and simulation capabilities relative to those of the
United States in areas related to defense applications of
modeling and simulation.
(5) An identification of additional authorities or
resources related to technology transfer, establishment of
public-private partnerships, coordination with regional, State,
or local initiatives, or other activities that would be
required to enhance efforts to support the domestic defense
modeling and simulation industrial base.
(6) Other matters as determined appropriate by the
Secretary.
SEC. 1079. REPORT ON ENABLING CAPABILITIES FOR SPECIAL OPERATIONS
FORCES.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Commander of the United States Special
Operations Command, jointly with the commanders of the combatant
commands and the chiefs of the services, shall submit to the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff a report on
the availability of enabling capabilities to support special operations
forces requirements.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) An identification of the requirements for enabling
capabilities for conventional forces and special operations
forces globally, including current and projected needs in Iraq,
Afghanistan, and other theaters of operation.
(2) A description of the processes used to prioritize and
allocate enabling capabilities to meet the mission requirements
of conventional forces and special operations forces.
(3) An identification and description of any shortfalls in
enabling capabilities for special operations forces by
function, region, and quantity, as determined by the Commander
of the United States Special Operations Command and the
commanders of the geographic combatant commands.
(4) An assessment of the current inventory of these
enabling capabilities within the military departments and
components and the United States Special Operations Command.
(5) An assessment of whether there is a need to create
additional enabling capabilities by function and quantity.
(6) An assessment of the merits of creating additional
enabling units, by type and quantity--
(A) within the military departments; and
(B) within the United States Special Operations
Command.
(7) Recommendations for meeting the current and future
enabling force requirements of the United States Special
Operations Command, including an assessment of the increases in
endstrength, equipment, funding, and military construction that
would be required to support these recommendations.
(8) Any other matters the Commander of the United States
Special Operations Command, the commanders of the combatant
commands, and the chiefs of the services consider useful and
relevant.
(c) Report to Congress.--Not later than 30 days after receiving the
report required under subsection (a), the Secretary of Defense shall
forward the report to the congressional defense committees with any
additional comments the Secretary considers appropriate.
Subtitle H--Other Matters
SEC. 1081. TRANSFER OF NAVY AIRCRAFT N40VT.
(a) Authority To Transfer.--
(1) Authority.--Subject to all applicable Federal laws and
regulations controlling the disposition of Federal property,
the Secretary of the Navy may transfer to Piasecki Aircraft
Corporation of Essington, Pennsylvania (in this section
referred to as the ``transferee''), Navy aircraft N40VT (Bureau
Number 163283) and associated components, test equipment, and
engines, previously specified as Government-furnished equipment
in contract N00019-00-C-0284.
(2) Written agreement.--The transfer under this subsection
shall be made by means of a written agreement.
(3) Applicable law.--The transfer or use of military
equipment is subject to all applicable United State laws and
regulations, including, but not limited to, the Arms Export
Control Act, the Export Administration Act of 1979, continued
under Executive Order 12924, International Traffic in Arms
Regulations (22 C.F.R. 120 et seq.), Export Administration
Regulations (15 C.F.R. 730 et seq.), Foreign Assets Control
Regulations (31 C.F.R. 500 et seq.), and the Espionage Act.
(b) Certification Required for Disposal of Combatant Military
Equipment.--No military equipment described by subsection (a) that is
military equipment of a combatant command may be transferred under
subsection (a) unless the Chief of Staff of the Army, the Chief of
Naval Operations, the Chief of Staff of the Air Force, or the
Commandant of the Marine Corps, as applicable, certifies that such
equipment is not essential to the defense of the United States.
(c) Condition of Equipment To Be Transferred.--The military
equipment transferred under subsection (a) shall be transferred in its
current ``as is'' condition. The Secretary is not required to repair or
alter the condition of any military equipment before transferring any
interest in such equipment under subsection (a).
(d) Transfer at No Cost to the United States.--The transfer of
military equipment under subsection (a) shall be made at no cost to the
United States. Any costs associated with the transfer shall be borne by
the transferee.
(e) Government Rights.--The Secretary shall include in the written
agreement under subsection (a)(2) such terms and conditions as the
Secretary considers appropriate--
(1) to permit the United States to use any future
technologies derived from testing of military equipment
transferred under subsection (a), including upon the transfer
of such military equipment to a successor in interest of the
transferee; and
(2) to retain for the Government all technical data rights
associated with military equipment transferred under subsection
(a).
(f) Consideration.--As consideration for the transfer of military
equipment under subsection (a), the transferee shall provide
compensation to the United States, the value of which is equal to the
fair market value of such military equipment, as determined by the
Secretary. The Secretary may not delegate the authority to make the
determination required by the preceding sentence.
(g) No Liability for the United States.--Upon the transfer of
military equipment under subsection (a), the United States shall not be
liable for any death, injury, loss, or damage that results from the use
of such military equipment by any person other than the United States.
(h) Reverter Upon Breach of Conditions.--The Secretary shall
include in the written agreement under subsection (a)(2) the following:
(1) A condition that the transferee not transfer any
interest in, or transfer possession of, the military equipment
transferred under subsection (a) to any other party without the
prior written approval of the Secretary.
(2) A condition that the transferee operate or maintain, as
applicable, the military equipment transferred under subsection
(a) in compliance with all applicable limitations and
maintenance requirements under law.
(3) A condition that if the Secretary determines at any
time that the transferee has failed to comply with a condition
set forth in paragraph (1) or (2), all right, title, and
interest in and to the military equipment transferred under
subsection (a), including any repair or alteration of the
military equipment by the transferee or otherwise, shall revert
to the United States, and the United States shall have the
right of immediate possession of the military equipment.
(i) Limitation on Transfer Pending Notice to Congress.--
(1) Limitation.--A transfer of military equipment under
subsection (a) may not occur until--
(A) notice of the proposal to make the transfer is
sent to Congress; and
(B) 60 days of continuous session of Congress have
expired following the date on which such notice is sent
to Congress.
(2) Calculation of continuous session.--For purposes of
paragraph (1)(B), the continuity of a session of Congress is
broken only by an adjournment of the Congress sine die, and the
days on which the either House is not in session because of
adjournment of more than 3 days to a day certain are excluded
in the computation of such 60-day period.
(j) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a transfer
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 1082. TRANSFER OF BIG CROW AIRCRAFT.
(a) In General.--The Secretary of the Air Force may convey to an
appropriate private entity the right, title, and interest of the United
States in and to the Big Crow aircraft referred to in subsection (b) in
order to permit the continuation of the purpose of such aircraft at the
time of their retirement in and through such private entity after
conveyance if the Secretary and the Under Secretary of Defense for
Acquisition, Technology, and Logistics jointly determine that it is in
the interests of the Department of Defense to do so.
(b) Covered Big Crow Aircraft.--The Big Crow aircraft referred to
in this subsection are the recently-retired aircraft as follows:
(1) Big Crow aircraft NC-135E, tail number 55-3132.
(2) Big Crow aircraft NC-135B, tail number 63-8050.
(c) Conditions of Conveyance.--
(1) In general.--Any conveyance of Big Crow aircraft under
subsection (a) shall be for such consideration as the Secretary
considers appropriate. The Secretary shall provide for any
aircraft so conveyed to be conveyed in ``as-is'' condition at
the time of conveyance, with all classified and other sensitive
equipment removed from such aircraft before conveyance.
(2) No liability for the united states.--Notwithstanding
any other provision of law, upon the conveyance of a Big Crow
aircraft under subsection (a), the United States shall not be
liable for any death, injury, loss, or damage that results from
the use of the aircraft by any person other than the United
States.
(d) Additional Terms and Conditions.--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.
SEC. 1083. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID ROCKET MOTOR
INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense shall review and
establish a plan to sustain the solid rocket motor industrial base,
including the ability to maintain and sustain currently deployed
strategic and missile defense systems and to maintain an intellectual
and engineering capacity to support next generation rocket motors, as
needed.
(b) Submission of Plan.--Not later than March 1, 2010, the
Secretary of Defense shall submit to the congressional defense
committees the plan required under subsection (a), together with an
explanation of how fiscal year 2010 funds will be used to sustain and
support the plan and a description of the funding in the future years
defense program plan to support the plan.
SEC. 1084. PILOT PROGRAM ON USE OF SERVICE DOGS FOR THE TREATMENT OR
REHABILITATION OF VETERANS WITH PHYSICAL OR MENTAL
INJURIES OR DISABILITIES.
(a) Findings.--Congress makes the following findings:
(1) The United States owes a profound debt to those who
have served the United States honorably in the Armed Forces.
(2) Disabled veterans suffer from a range of physical and
mental injuries and disabilities.
(3) In 2008, the Army reported the highest level of
suicides among its soldiers since it began tracking the rate 28
years before 2009.
(4) A scientific study documented in the 2008 Rand Report
entitled ``Invisible Wounds of War'' estimated that 300,000
veterans of Operation Enduring Freedom and Operation Iraqi
Freedom currently suffer from post-traumatic stress disorder.
(5) Veterans have benefitted in multiple ways from the
provision of service dogs.
(6) The Department of Veterans Affairs has been
successfully placing guide dogs with the blind since 1961.
(7) Thousands of dogs around the country await adoption.
(b) Program Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
commence a three-year pilot program to assess the benefits,
feasibility, and advisability of using service dogs for the treatment
or rehabilitation of veterans with physical or mental injuries or
disabilities, including post-traumatic stress disorder.
(c) Partnerships.--
(1) In general.--The Secretary shall carry out the pilot
program by partnering with nonprofit organizations that--
(A) have experience providing service dogs to
individuals with injuries or disabilities;
(B) do not charge fees for the dogs, services, or
lodging that they provide; and
(C) are accredited by a generally accepted
industry-standard accrediting institution.
(2) Reimbursement of costs.--The Secretary shall reimburse
partners for costs relating to the pilot program as follows:
(A) For the first 50 dogs provided under the pilot
program, all costs relating to the provision of such
dogs.
(B) For dogs provided under the pilot program after
the first 50 dogs provided, all costs relating to the
provision of every other dog.
(d) Participation.--
(1) In general.--As part of the pilot program, the
Secretary shall provide a service dog to a number of veterans
with physical or mental injuries or disabilities that is
greater than or equal to the greater of--
(A) 200; and
(B) the minimum number of such veterans required to
produce scientifically valid results with respect to
assessing the benefits and costs of the use of such
dogs for the treatment or rehabilitation of such
veterans.
(2) Composition.--The Secretary shall ensure that--
(A) half of the participants in the pilot program
are veterans who suffer primarily from a mental health
injury or disability; and
(B) half of the participants in the pilot program
are veterans who suffer primarily from a physical
injury or disability.
(e) Study.--In carrying out the pilot program, the Secretary shall
conduct a scientifically valid research study of the costs and benefits
associated with the use of service dogs for the treatment or
rehabilitation of veterans with physical or mental injuries or
disabilities. The matters studied shall include the following:
(1) The therapeutic benefits to such veterans, including
the quality of life benefits reported by the veterans partaking
in the pilot program.
(2) The economic benefits of using service dogs for the
treatment or rehabilitation of such veterans, including--
(A) savings on health care costs, including savings
relating to reductions in hospitalization and
reductions in the use of prescription drugs; and
(B) productivity and employment gains for the
veterans.
(3) The effectiveness of using service dogs to prevent
suicide.
(f) Reports.--
(1) Annual report of the secretary.--After each year of the
pilot program, the Secretary shall submit to Congress a report
on the findings of the Secretary with respect to the pilot
program.
(2) Final report by the national academy of sciences.--Not
later than 180 days after the date of the completion of the
pilot program, the National Academy of Sciences shall submit to
Congress a report on the results of the pilot program.
SEC. 1085. EXPANSION OF STATE HOME CARE FOR PARENTS OF VETERANS WHO
DIED WHILE SERVING IN ARMED FORCES.
In administering section 51.210(d) of title 38, Code of Federal
Regulations, the Secretary of Veterans Affairs shall permit a State
home to provide services to, in addition to non-veterans described in
such subsection, a non-veteran any of whose children died while serving
in the Armed Forces.
SEC. 1086. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT
TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES.
(a) Increase in Maximum Age Limit for Positions Subject to FERS.--
(1) Law enforcement officers and firefighters.--Section
3307(e) of title 5, United States Code, is amended--
(A) by striking ``(e) The'' and inserting ``(e)(1)
Except as provided in paragraph (2), the''; and
(B) by adding at the end the following:
``(2) The maximum age limit for an original appointment to a
position as a firefighter or law enforcement officer (as defined by
section 8401(14) or (17), respectively) shall be 47 years of age, in
the case of an individual who on the effective date of such appointment
is eligible to receive retired pay or retainer pay for military
service, or pension or compensation from the Department of Veterans
Affairs instead of such retired or retainer pay.''.
(2) Other positions.--The maximum age limit for an original
appointment to a position as a member of the Capitol Police or
Supreme Court Police, nuclear materials courier (as defined
under section 8401(33) of title 5, United States Code), or
customs and border protection officer (as defined in section
8401(36) of title 5, United States Code) shall be 47 years of
age, in the case of an individual who on the effective date of
such appointment is eligible to receive retired pay or retainer
pay for military service, or pension or compensation from the
Department of Veterans Affairs instead of such retired or
retainer pay.
(b) Eligibility for Annuity.--Section 8412(d) of title 5, United
States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by adding ``or'' at the end; and
(3) by inserting after paragraph (2) the following:
``(3) after becoming 57 years of age and completing 10
years of service as a law enforcement officer, member of the
Capitol Police or Supreme Court Police, firefighter, nuclear
materials courier, customs or border protection officer, or any
combination of such service totaling 10 years, if such
employee--
``(A) is originally appointed to a position as a
law enforcement officer, member of the Capitol Police
or Supreme Court Police, firefighter, nuclear materials
courier, or customs and border protection officer on or
after the effective date of this paragraph under
section 1083(e) of the National Defense Authorization
Act for Fiscal Year 2010;
``(B) on the date that original appointment met the
requirements of section 3307(e)(2) of this title or
section 1083(a)(2) of the National Defense
Authorization Act for Fiscal Year 2010.''.
(c) Mandatory Separation.--Section 8425 of title 5, United States
Code, is amended--
(1) in subsection (b)(1), in the first sentence, by
inserting ``, except that a law enforcement officer,
firefighter, nuclear materials courier, or customs and border
protection officer eligible for retirement under 8412(d)(3)
shall be separated from service on the last day of the month in
which that employee becomes 57 years of age'' before the
period;
(2) in subsection (c), in the first sentence, by inserting
``, except that a member of the Capitol Police eligible for
retirement under 8412(d)(3) shall be separated from service on
the last day of the month in which that employee becomes 57
years of age'' before the period; and
(3) in subsection (d), in the first sentence, by inserting
``, except that a member of the Supreme Court Police eligible
for retirement under 8412(d)(3) shall be separated from service
on the last day of the month in which that employee becomes 57
years of age'' before the period.
(d) Computation of Basic Annuity.--Section 8415(d) of title 5,
United States Code, is amended--
(1) in paragraph (1), by striking ``total service as'' and
inserting ``civilian service as a law enforcement officer,
member of the Capitol Police or Supreme Court Police,
firefighter, nuclear materials courier, customs and border
protection officer, or air traffic controller that, in the
aggregate,''; and
(2) in paragraph (2), by striking ``so much of such
individual's total service as exceeds 20 years'' and inserting
``the remainder of such individual's total service''.
(e) Effective Date.--This section (including the amendments made by
this section) shall take effect 60 days after the date of the enactment
of this Act and shall apply to appointments made on or after that
effective date.
SEC. 1087. SENSE OF CONGRESS ON MANNED AIRBORNE IRREGULAR WARFARE
PLATFORMS.
It is the sense of Congress that the Secretary of Defense should,
with regard to the development of manned airborne irregular warfare
platforms, coordinate requirements for such weapons systems with the
military services, including the reserve components.
SEC. 1088. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION ON THE
STRATEGIC POSTURE OF THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) Congress is grateful for the service and leadership of
the members of the bipartisan Congressional Commission on the
Strategic Posture of the United States, who, pursuant to
section 1062 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 319), spent
more than one year examining the strategic posture of the
United States in all of its aspects: deterrence strategy,
missile defense, arms control initiatives, and nonproliferation
strategies.
(2) The Commission, comprised of some of the most
preeminent scholars and technical experts in the United States
in the subject matter, found a bipartisan consensus on these
issues in its Final Report made public on May 6, 2009.
(3) Congress appreciates the service of former Secretary of
Defense William Perry, former Secretary of Defense and Energy
James Schlesinger, former Senator John Glenn, former
Congressman Lee Hamilton, Ambassador James Woolsey, Doctors
John Foster, Fred Ikle, Keith Payne, Morton Halperin, Ellen
Williams, Bruce Tarter, and Harry Cartland, and the United
States Institute of Peace.
(4) Congress values the work of the Commission and pledges
to work with President Barack Obama to address the findings and
review and consider the recommendations of the Commission.
(b) Extension of Sunset.--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), by
striking ``September 30, 2009'' and inserting ``September 30,
2010''; and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Follow-on Report.--Following submittal of the report required
in subsection (e), the Commission may conduct public outreach and
discussion of the matters contained in the report.''.
SEC. 1089. ADDITIONAL MEMBERS AND DUTIES FOR INDEPENDENT PANEL TO
ASSESS THE QUADRENNIAL DEFENSE REVIEW.
(a) Finding.--Congress understands that the independent panel
appointed by the Secretary of Defense pursuant to section 118(f) of
title 10, United States Code, will be comprised of twelve members
equally divided on a bipartisan basis.
(b) Sense of Congress on Independent Panel.--It is the sense of
Congress that the independent panel appointed by the Secretary of
Defense pursuant to section 118(f) of title 10, United States Code,
should be comprised of members equally divided on a bipartisan basis.
(c) Additional Members.--
(1) In general.--For purposes of conducting the assessment
of the 2009 quadrennial defense review under section 118 of
title 10, United States Code (in this section referred to as
the ``2009 QDR''), the independent panel established under
subsection (f) of such section (in this section referred to as
the ``Panel'') shall include eight additional members to be
appointed as follows:
(A) Two by the chairman of the Committee on Armed
Services of the House of Representatives.
(B) Two by the chairman of the Committee on Armed
Services of the Senate.
(C) Two by the ranking member of the Committee on
Armed Services of the House of Representatives.
(D) Two by the ranking member of the Committee on
Armed Services of the Senate.
(2) Period of appointment; vacancies.--Any vacancy in an
appointment to the Panel under paragraph (1) shall be filled in
the same manner as the original appointment.
(d) Additional Duties of Panel for 2009 QDR.--In addition to the
duties of the Panel under section 118(f) of title 10, United States
Code, the Panel shall, with respect to the 2009 QDR--
(1) conduct 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; and
(2) make any recommendations it considers appropriate for
consideration.
(e) Report of Secretary of Defense.--Not later than 30 days after
the Panel submits its report with respect to the 2009 QDR under section
118(f)(2) of title 10, United States Code, the Secretary of Defense,
after consultation with the Chairman of the Joint Chiefs of Staff,
shall submit to the congressional defense committees any comments of
the Secretary on the report of the Panel.
(f) Termination.--The provisions of this section shall terminate on
the day that is 45 days after the date on which the Panel submits its
report with respect to the 2009 QDR under section 118(f)(2) of title
10, United States Code.
SEC. 1090. CONTRACTING IMPROVEMENTS.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the terms ``HUBZone small business concern'', ``small
business concern'', ``small business concern owned and
controlled by service-disabled veterans'', and ``small business
concern owned and controlled by women'' have the same meanings
as in section 3 of the Small Business Act (15 U.S.C. 632).
(b) Contracting Opportunities.--Section 31(b)(2)(B) of the Small
Business Act (15 U.S.C. 657a(b)(2)(B)) is amended by striking ``shall''
and inserting ``may''.
(c) Contracting Goals.--Section 15(g)(1) of the Small Business Act
(15 U.S.C. 644(g)(1)) is amended in the fourth sentence by inserting
``and subcontract'' after ``not less than 3 percent of the total value
of all prime contract''.
(d) Mentor-protege Programs.--The Administrator may establish
mentor-protege programs for small business concerns owned and
controlled by service-disabled veterans, small business concerns owned
and controlled by women, and HUBZone small business concerns modeled on
the mentor-protege program of the Administration for small business
concerns participating in programs under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)).
SEC. 1091. NATIONAL D-DAY MEMORIAL STUDY.
(a) Definitions.--In this section:
(1) Area.--The term ``Area'' means in the National D-Day
Memorial in Bedford, Virginia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Study.--
(1) In general.--The Secretary shall conduct a study of the
Area to evaluate the national significance of the Area and
suitability and feasibility of designating the Area as a unit
of the National Park System.
(2) Criteria.--In conducting the study required by
paragraph (1), the Secretary shall use the criteria for the
study of areas for potential inclusion in the National Park
System in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-
5(c)).
(3) Contents.--The study required by paragraph (1) shall--
(A) determine the suitability and feasibility of
designating the Area as a unit of the National Park
System;
(B) include cost estimates for any necessary
acquisition, development, operation, and maintenance of
the Area; and
(C) identify alternatives for the management,
administration, and protection of the Area.
(c) Report.--Section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c))
shall apply to the conduct of the study required by this section,
except that the study shall be submitted to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate not later than 3 years after the
date on which funds are first made available for the study.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel
SEC. 1101. REPEAL OF NATIONAL SECURITY PERSONNEL SYSTEM; DEPARTMENT OF
DEFENSE PERSONNEL AUTHORITIES.
(a) Repeal of Authority To Establish National Security Personnel
System.--Section 9902 of title 5, United States Code, is amended--
(1) by striking subsections (a), (b), (c), (d), (e), (i),
and (j); and
(2) by redesignating subsections (f), (g), and (h) as
subsections (d), (e), and (f) respectively.
(b) Period for Termination of National Security Personnel System.--
(1) Applicability of prior law to units in nsps.--
Notwithstanding the amendments made by this section, the
provisions of section 9902 of title 5, United States Code, as
in effect on the day before the date of the enactment of this
Act, shall apply to organizational and functional units
included in the National Security Personnel System as of
January 20, 2009, for a period of one year after the date of
the enactment of this Act.
(2) Transition of units from nsps.--The Secretary of
Defense shall ensure the orderly transition of all
organizational and functional units covered by paragraph (1)
from the National Security Personnel System by not later than
one year after the date of the enactment of this Act. The
Secretary shall ensure that no employee is subject to a
reduction in pay as a result of such transition.
(3) Removal of limitation on pay adjustment.--
Notwithstanding section 9902(e)(7) of title 5, United States
Code (as in effect on the day before the date of the enactment
of this Act), at the time of any annual adjustment to pay
schedules pursuant to section 5303 of such title during the
transitional period provided in paragraph (1), the rate of
basic pay for each employee described in section 9902(e)(7), as
so in effect, shall be adjusted by 100 percent of the amount of
such adjustment.
(4) Current rules invalid.--Any rule or implementing
issuance adopted before the date of the enactment of this Act
to implement any provision of section 9902 of title 5, United
States Code (other than subsections (d), (e), and (f) of such
section (as redesignated by subsection (a)(2))), shall cease to
be effective on the date that is one year after the date of the
enactment of this Act.
(c) Authority Relating to Personnel Management and Workforce
Incentives.--Section 9902 of such title is further amended by inserting
before subsection (d), as redesignated by subsection (a)(2) of this
section, the following new subsections:
``(a) Personnel Management.--(1) The Secretary may waive the
requirements of chapter 33, and the regulations implementing such
chapter, to the extent the Secretary considers appropriate to establish
and implement regulations providing for the following:
``(A) Fair, credible, and transparent methods of
establishing qualification requirements for, recruitment for,
and appointments to employment positions.
``(B) Fair, credible, and transparent methods of assigning,
reassigning, detailing, transferring, or promoting employees.
``(2) In implementing this subsection, the Secretary shall comply
with the provisions of section 2302(b)(11), regarding veterans'
preference requirements, in a manner comparable to that in which such
provisions are applied under chapter 33.
``(3) Any action taken by the Secretary under this subsection, or
to implement this subsection, shall be subject to the requirements
subsection (c) and chapter 71.
``(b) Performance Management and Workforce Incentives.--(1) The
Secretary may waive the requirements of chapters 43 (other than
sections 4302 and 4303(e)) and 45, and the regulations implementing
such chapters, to the extent the Secretary considers appropriate to
establish and implement regulations providing for the following:
``(A) A fair, credible, and transparent performance
appraisal system for employees.
``(B) A fair, credible, and transparent system for linking
employee bonuses and other performance-based actions to
performance appraisals of employees.
``(C) A process for ensuring ongoing performance feedback
and dialogue among supervisors, managers, and employees
throughout the appraisal period and setting timetables for
review.
``(2)(A) The Secretary may establish a fund to be known as the
`Department of Defense Civilian Workforce Incentive Fund' (in this
paragraph referred to as the `Fund').
``(B) The Fund shall consist of the following:
``(i) Amounts appropriated to the Fund.
``(ii) Amounts available for compensation of employees that
are transferred to the Fund.
``(C) Amounts in the Fund shall be available as follows:
``(i) For incentive payments to employees based on
individual or team performance.
``(ii) For incentive payments to employees for purposes of
the employment and retention as employees of qualified
individuals with particular competencies or qualifications.
``(3) Any action taken by the Secretary under this subsection, or
to implement this subsection, shall be subject to the requirements of
subsection (c) and chapter 71.
``(c) Criteria for Use of New Personnel Authorities.--In
establishing any new personnel management system under subsection (a)
or new performance management and workforce incentive system under
subsection (b), the Secretary shall--
``(1) adhere to merit principles set forth in section 2301;
``(2) include a means for ensuring employee involvement in
the design and implementation of such system;
``(3) provide for adequate training and retraining for
supervisors, managers, and employees in the implementation and
operation of such system;
``(4) include effective transparency and accountability
measures and safeguards to ensure that the management of such
system is fair, credible, and equitable, including appropriate
independent reasonableness reviews, internal assessments, and
employee surveys; and
``(5) ensure that adequate agency resources are allocated
for the design, implementation, and administration of such
system.''.
(d) Conforming Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 9902. Department of Defense personnel authorities''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 99 of such title is amended by striking
the item relating to section 9902 and inserting the following
new item:
``9902. Department of Defense personnel authorities.''.
(e) Modification of Implementation Authorities and Limitations.--
Section 1106 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 349) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b), as redesignated by paragraph (2)--
(A) by striking paragraph (1) and inserting the
following new paragraph (1):
``(1) The Comptroller General shall conduct annual reviews
in calendar years 2010, 2011, and 2012 of--
``(A) employee satisfaction with any processes
established pursuant to regulations promulgated by the
Secretary of Defense pursuant to section 9902 of title
5, United States Code; and
``(B) the extent to which any processes so
established are fair, credible, and transparent, as
required by such section 9902.''; and
(B) in paragraph (2), by striking ``the National
Security Personnel System'' and inserting ``any
processes established pursuant to such regulations''.
(f) Additional Conforming Amendment.--Section 1108(b) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended by
striking ``identified in section 9902(c)(2) of title 5, United States
Code.'' and inserting ``as follows:
``(1) The Aviation and Missile Research Development and
Engineering Center.
``(2) The Army Research Laboratory.
``(3) The Medical Research and Materiel Command.
``(4) The Engineer Research and Development Command.
``(5) The Communications-Electronics Command.
``(6) The Soldier and Biological Chemical Command.
``(7) The Naval Sea Systems Command Centers.
``(8) The Naval Research Laboratory.
``(9) The Office of Naval Research.
``(10) The Air Force Research Laboratory.''.
(g) Waiver.--Subsection (a) through (f) of this section and the
amendments made by such subsections shall not take effect if, not later
than 60 days after the date of the enactment of this Act, the Secretary
of Defense submits to the Committees on Armed Services of the Senate
and the House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on Oversight
and Government Reform of the House of Representatives a report that
includes--
(1) a certification that--
(A) the termination of the National Security
Personnel System would not be in the best interest of
the Department of Defense;
(B) the Secretary intends to implement changes
during fiscal year 2010 to improve the fairness,
credibility, and transparency of the National Security
Personnel System; and
(C) the Secretary has determined that the changes
to be made pursuant to subparagraph (B) will result in
improved employee acceptance of the National Security
Personnel System; and
(2) a description of the changes that the Secretary intends
to implement and the schedule for implementing such changes.
(h) Expansion Prohibited.--If the Secretary of Defense submits a
report and certification under subsection (g) and the National Security
Personnel System is not terminated, the National Security Personnel
System may not be extended to organizational and functional units of
the Department of Defense not included in such system as of June 1,
2009, unless specifically authorized by statute enacted after the date
of the enactment of this Act.
SEC. 1102. EXTENSION AND MODIFICATION OF EXPERIMENTAL PERSONNEL
MANAGEMENT PROGRAM FOR SCIENTIFIC AND TECHNICAL
PERSONNEL.
(a) Three-year Extension.--Subsection (e)(1) of section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(5 U.S.C. 3104 note) is amended by striking ``September 30, 2011'' and
inserting ``September 30, 2014''.
(b) Limitations on Additional Payments.--Such section is further
amended--
(1) in subsection (b)(3), by striking ``under subsection
(d)(1)'' and inserting ``under subsection (d)''; and
(2) by striking subsection (d) and inserting the following
new subsection (d):
``(d) Limitations on Additional Payments.--(1) Subject to paragraph
(3), the total amount of additional payments paid to an employee under
subsection (b)(3) for any 12-month period may not exceed the lesser of
the amounts as follows:
``(A) $50,000 in fiscal year 2010, which may be adjusted
annually thereafter by the Secretary, with a percentage
increase equal to one-half of 1 percentage point less than the
percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base
quarter of the year before the preceding calendar year exceeds
the Employment Cost Index for the base quarter of the second
year before the preceding calendar year.
``(B) The amount equal to 50 percent of the employee's
annual rate of basic pay.
``(2) In paragraph (1), the term `base quarter' has the meaning
given that term in section 5302(3) of title 5, United States Code.
``(3) Notwithstanding any other provision of this section or
section 5307 of title 5, United States Code, no additional payments may
be paid to an employee under subsection (b)(3) in any calendar year if,
or to the extent that, the employee's total annual compensation in such
calendar year will exceed the maximum amount of total annual
compensation payable at the salary set in accordance with section 104
of title 3, United States Code.
``(4) An employee appointed under the program is not eligible for
any bonus, monetary award, or other monetary incentive for service
under the appointment other than payments authorized by this
section.''.
(c) Reporting Requirements.--Paragraph (1) of subsection (g) of
such section is amended to read as follows:
``(1)(A) Not later than December 31 each year in which the
authority under this section is in effect, the Secretary of Defense
shall submit to the committees of Congress specified in subparagraph
(B) a report on the program. Each report shall cover the 12-month
period preceding the date of the submittal of such report.
``(B) The committees of Congress specified in this subparagraph
are--
``(i) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
``(ii) the Committee on Armed Services, the Committee on
Oversight and Government Reform, and the Committee on
Appropriations of the House of Representatives''.
SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
(a) Extension of Authority.--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''.
(b) Clarification of Exemption From Aggregate Limitations on Pay.--
Subsection (b) of such section is amended by striking ``Section 5307 of
title 5, United States Code'' and inserting ``Aggregate limitations on
pay, whether established by law or regulation''.
SEC. 1104. AVAILABILITY OF FUNDS FOR COMPENSATION OF CERTAIN CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Availability of Funds.--Notwithstanding any other provision of
law, funds authorized to be appropriated for the Department of Defense
that are available for the purchase of contract services to meet a
requirement that is anticipated to continue for five years or more
shall be available to provide compensation for civilian employees of
the Department to meet the same requirement.
(b) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations
implementing the authority in subsection (a). Such regulations--
(1) shall ensure that the authority in subsection (a) is
utilized to build government capabilities that are needed to
perform inherently governmental functions, functions closely
associated with inherently governmental functions, and other
critical functions;
(2) shall include a mechanism to ensure that follow-on
funding to provide compensation for civilian employees of the
Department to perform functions described in paragraph (1) is
provided from appropriate accounts; and
(3) may establish additional criteria and levels of
approval within the Department for the utilization of funds to
provide compensation for civilian employees of the Department
pursuant to subsection (a).
(c) Annual Report.--Not later than 60 days after the end of each
fiscal year for which the authority in subsection (a) is in effect, the
Secretary shall submit to the congressional defense committees a report
on the use of such authority. Each report shall cover the preceding
fiscal year and shall identify, at a minimum, the following:
(1) The amount of funds used under the authority in
subsection (a) to provide compensation for civilian employees.
(2) The source or sources of the funds so used.
(3) The number of civilian employees employed through the
use of such funds.
(4) The actions taken by the Secretary to ensure that
follow-on funding for such civilian employees is provided
through appropriate accounts.
(d) Temporary Authority.--The authority in subsection (a) shall
apply to funds authorized to be appropriated for the Department of
Defense fiscal years 2010 through 2019.
SEC. 1105. DEPARTMENT OF DEFENSE CIVILIAN LEADERSHIP PROGRAM.
(a) Leadership Program Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a program of leadership recruitment and development
for civilian employees of the Department of Defense, to be
known as the ``Department of Defense Civilian Leadership
Program'' (in this section referred to as the ``program'').
(2) Objectives.--The objectives of the program shall be as
follows:
(A) To develop a new generation of civilian leaders
for the Department of Defense.
(B) To recruit individuals with the academic merit,
work experience, and demonstrated leadership skills to
meet the future needs of the Department.
(C) To offer rapid advancement, competitive
compensation, and leadership opportunities to highly-
qualified civilian employees of the Department.
(3) Available authorities.--In carrying out the program,
the Secretary may exercise any authority available to the
Office of Personnel Management under section 4703 of title 5,
United States Code, except that the Secretary shall not be
bound by the limitations in subsection (d) of such section.
Nothing in this section shall be construed to authorize the
waiver of any part of chapter 71 of title 5, United States
Code, or any regulation implementing such chapter, in the
carrying out of the program.
(b) Eligible Individuals.--
(1) In general.--The following individuals shall be
eligible to participate in the program:
(A) Current employees of the Department of Defense.
(B) Appropriate individuals in the private sector.
(2) Limitation on number of entrants into program.--The
total number of individuals who may enter into the program in
any fiscal year may not exceed 5,000.
(c) Elements of Program.--
(1) Competitive entry.--The selection of individuals for
entry into the program shall be made on the basis of a
competition conducted at least twice each year. In each
competition, participants in the program shall be selected from
among applicants determined by the Secretary to be the most
highly qualified in terms of academic merit, work experience,
and demonstrated leadership skills. Each competition shall
provide for entry-level participants and midcareer participants
in the program.
(2) Allocation of positions.--The Secretary shall allocate
positions in the program among the components of the Department
of Defense that--
(A) offer the most challenging assignments;
(B) provide the greatest level of responsibility;
and
(C) demonstrate the greatest need for participants
in the program.
(3) Assignments to positions.--Participants in the program
shall be assigned to components of the Department that best
match their skills and qualifications. Participants in the
program may be rotated among components of the Department of
Defense at the discretion of the Secretary.
(4) Initial compensation.--The initial compensation of
participants in the program shall be determined by the
Secretary based on the qualifications of such participants and
applicable market conditions.
(5) Education and training.--The Secretary shall provide
participants in the program with training, mentoring, and
educational opportunities that are appropriate to facilitate
the development of such participants into effective civilian
leaders for the Department of Defense.
(6) Objective, merit-based principles for personnel
decisions.--The Secretary shall make personnel decisions under
the program in accordance with such objective, merit-based
criteria as the Secretary shall prescribe in regulations for
purposes of the program. Such criteria shall include, but not
be limited to, criteria applicable to the following:
(A) The selection of individuals for entry into the
program.
(B) The assignment of participants in the program
to positions in the Department of Defense.
(C) The initial compensation of participants in the
program.
(D) The access of participants in the program to
training, mentoring, and educational opportunities
under the program.
(E) The consideration of participants in the
program for selection into the senior management,
functional, and technical workforce of the Department.
(7) Consideration for senior management, functional, and
technical workforce.--Any participant in the program who, as
determined by the Secretary, demonstrates outstanding
performance shall be afforded priority in consideration for
selection into the appropriate element of the senior
management, functional, and technical workforce of the
Department of Defense (as set forth in section 1102(b) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2407)).
SEC. 1106. REVIEW OF DEFENSE LABORATORIES FOR PARTICIPATION IN DEFENSE
LABORATORY PERSONNEL DEMONSTRATION PROJECTS.
(a) Review Required.--The Secretary of Defense shall undertake a
review of defense laboratories not currently included in personnel
demonstration projects authorized by section 342(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2721), as amended by section 1114 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-315), to determine whether or not
any laboratory so reviewed would benefit from the extension to such
laboratory of the personnel management flexibilities available under
such section 342(b), as so amended.
(b) Covered Laboratories.--The laboratories covered by the review
required by subsection (a) shall include, but not be limited to, the
following:
(1) Laboratories within the Army Research, Development, and
Engineering Command.
(2) Army Tank and Automotive Research, Development, and
Engineering Center.
(3) Army Armament Research, Development, and Engineering
Center.
(4) Naval Air Warfare Center, Weapons Division.
(5) Naval Air Warfare Center, Aircraft Division.
(6) Space and Naval Warfare Systems Center, Pacific.
(7) Space and Naval Warfare Systems Center, Atlantic.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report setting forth the
results of the review required by subsection (a).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Oversight and Government Reform, and the Committee
on Appropriations of the House of Representatives.
Subtitle B--Part-Time Reemployment of Annuitants
SEC. 1161. SHORT TITLE.
This subtitle may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.
SEC. 1162. PART-TIME REEMPLOYMENT.
(a) Civil Service Retirement System.--Section 8344 of title 5,
United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than
the Department of Defense or the Government
Accountability Office;
``(ii) the head of the United States Postal
Service;
``(iii) the Director of the Administrative Office
of the United States Courts, with respect to employees
of the judicial branch; and
``(iv) any employing authority described under
subsection (k)(2), other than the Government
Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of subsection
(a) or (b) with respect to any annuitant who is employed in such agency
as a limited time appointee, if the head of the agency determines that
the employment of the annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) or the Troubled Asset Relief Program under title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application of
subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by the
head of an agency under this subsection or section 8468(i) applies may
not exceed 2.5 percent of the total number of full-time employees of
that agency.
``(B) If the total number of annuitants to whom a waiver by the
head of an agency under this subsection or section 8468(i) applies
exceeds 1 percent of the total number of full-time employees of that
agency, the head of that agency shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Oversight and Government Reform of the House of Representatives, and
the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management may
promulgate regulations providing for the administration of this
subsection.
``(B) Any regulations promulgated under subparagraph (A) may--
``(i) provide standards for the maintenance and
form of necessary records of employment under this
subsection;
``(ii) to the extent not otherwise expressly
prohibited by law, require employing agencies to
provide records of such employment to the Office of
Personnel Management or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient
periods substantially equivalent to 12 months, such as
26 pay periods, to be used in determining compliance
with paragraph (3)(B);
``(iv) include such other administrative
requirements as the Director of the Office of Personnel
Management may find appropriate to provide for the
effective operation of, or to ensure compliance with,
this subsection; and
``(v) encourage the training and mentoring of
employees by any limited time appointee employed under
this subsection.
``(6)(A) Any hours of training or mentoring of employees by any
limited time appointee employed under this subsection shall not be
included in the hours of service performed for purposes of paragraph
(3), but those hours of training or mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or mentoring of
employees, the hours of that service shall be included in the hours of
service performed for purposes of paragraph (3).
``(7) The authority of the head of an agency under this subsection
to waive the application of subsection (a) or (b) shall terminate 5
years after the date of enactment of the Part-Time Reemployment of
Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and
inserting ``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and
inserting ``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of title 5,
United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than
the Department of Defense or the Government
Accountability Office;
``(ii) the head of the United States Postal
Service;
``(iii) the Director of the Administrative Office
of the United States Courts, with respect to employees
of the judicial branch; and
``(iv) any employing authority described under
subsection (h)(2), other than the Government
Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of subsection
(a) with respect to any annuitant who is employed in such agency as a
limited time appointee, if the head of the agency determines that the
employment of the annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) or the Troubled Asset Relief Program under title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application of
subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by the
head of an agency under this subsection or section 8344(l) applies may
not exceed 2.5 percent of the total number of full-time employees of
that agency.
``(B) If the total number of annuitants to whom a waiver by the
head of an agency under this subsection or section 8344(l) applies
exceeds 1 percent of the total number of full-time employees of that
agency, the head of that agency shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Oversight and Government Reform of the House of Representatives, and
the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management may
promulgate regulations providing for the administration of this
subsection.
``(B) Any regulations promulgated under subparagraph (A) may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay periods,
to be used in determining compliance with paragraph (3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to ensure
compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by any
limited time appointee employed under this subsection shall not be
included in the hours of service performed for purposes of paragraph
(3), but those hours of training or mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or mentoring of
employees, the hours of that service shall be included in the hours of
service performed for purposes of paragraph (3).
``(7) The authority of the head of an agency under this subsection
to waive the application of subsection (a) shall terminate 5 years
after the date of enactment of the Part-Time Reemployment of Annuitants
Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and
inserting ``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and
inserting ``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made by this
section may be construed to authorize the waiver of the hiring
preferences under chapter 33 of title 5, United States Code in
selecting annuitants to employ in an appointive or elective position.
(d) Technical and Conforming Amendments.--Section 1005(d)(2) of
title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.
SEC. 1163. GENERAL ACCOUNTABILITY OFFICE REPORT.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives a report regarding the use of the authority
under the amendments made by section 1162.
(b) Contents.--The report submitted under subsection (a) shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this subtitle, or subsection (i) of
section 8468 of title 5, United States Code, as amended by this
subtitle; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under sections
8344(l)(1) and 8468(i)(1)(A) of title 5, United States Code, as added
by section 1162 of this subtitle) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a); and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. INCREASE IN UNIT COST THRESHOLD FOR PURCHASES USING CERTAIN
FUNDS UNDER THE COMBATANT COMMANDER INITIATIVE FUND.
(a) Increase.--
(1) In general.--Subsection (e)(1)(A) of section 166a of
title 10, United States Code, is amended by striking
``$15,000'' and inserting ``the investment unit threshold in
effect under section 2245a of this title''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2009, and shall apply with
respect to funds available under the Combatant Commander
Initiative Fund for fiscal years that being on or after that
date.
(b) Clarifying Amendments.--
(1) Clerical amendment.--The section heading of such
section is amended to read as follows:
``Sec. 166a. Combatant commands: funding through the Chairman of the
Joint Chiefs of Staff from Combatant Commander Initiative
Fund''.
(2) Table of sections.--The table of sections at the
beginning of chapter 6 of such title is amended by striking the
item relating to section 166a and inserting the following new
item:
``166a. Combatant commands: funding through the Chairman of the Joint
Chiefs of Staff from Combatant Commander
Initiative Fund.''.
SEC. 1202. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND SUPPORT TO
COALITION LIAISON OFFICERS OF CERTAIN FOREIGN NATIONS
ASSIGNED TO UNITED STATES JOINT FORCES COMMAND.
(a) Extension of Authority.--Subsection (a) of section 1051a of
title 10, United States Code, is amended--
(1) by striking ``assigned temporarily'' and inserting
``assigned temporarily as follows:'';
(2) by designating the remainder of the text of that
subsection as paragraph (1) and indenting that text two ems
from the left margin;
(3) in paragraph (1), as so designated, by striking ``to
the headquarters'' and inserting ``To the headquarters''; and
(4) by adding at the end the following new paragraph:
``(2) To the headquarters of the combatant command assigned
by the Secretary of Defense the mission of joint warfighting
experimentation and joint forces training.''.
(b) Effective Date.--Paragraph (2) of section 1051a(a) of title 10,
United States Code (as added by subsection (a)), shall take effect on
October 1, 2009, or the date of the enactment of this Act, whichever is
later.
SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE
CAPACITY OF FOREIGN MILITARY FORCES.
(a) Temporary Limitation on Amount for Building Capacity for
Military and Stability Operations.--Section 1206(c) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456), as amended by section 1206 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2418) and section 1206 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4625), is further amended by adding at the end the following new
paragraph:
``(5) Temporary limitation on amount for building capacity
to participate in or support military and stability
operations.--Of the funds used to carry out a program under
subsection (a), not more than $75,000,000 may be used during
fiscal year 2010, and not more than $75,000,000 may be used
during fiscal year 2011, for purposes described in subsection
(a)(1)(B).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2009, and shall apply with respect to
programs under section 1206(a) of the National Defense Authorization
Act for Fiscal Year 2006 that begin on or after that date.
SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORTING REQUIREMENTS FOR
USE OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
(a) Notification.--Section 1208(c) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as amended by section 1208(b) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4626), is further amended to read as follows:
``(c) Notification.--
``(1) Support for foreign forces.--The Secretary of Defense
shall notify the congressional defense committees
expeditiously, and in any event not later than 48 hours,
after--
``(A) using the authority provided in subsection
(a) to make funds available for foreign forces in
support of an approved military operation; or
``(B) changing the scope or funding level of any
such support.
``(2) Support for irregular forces, groups, or
individuals.--The Secretary of Defense may not exercise the
authority provided in subsection (a) to make funds available
for irregular forces or a group (other than foreign forces) or
individual in support of an approved military operation, or
change the scope or funding level of such support, until 72
hours after notifying the congressional defense committees of
the use of such authority with respect to that operation or
such change in scope or funding level.
``(3) Content.--Notifications required under this
subsection shall include the following information:
``(A) The type of support provided or to be
provided to United States special operations forces.
``(B) The type of support provided or to be
provided to the recipient of the funds.
``(C) The intended duration of the support.
``(D) The amount obligated under the authority to
provide support.''.
(b) Annual Report.--Section 1208(f) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2086) is amended in the second sentence by striking
``shall describe the support'' and all that follows through the period
at the end and inserting ``shall include the following information:
``(1) A description of supported operations.
``(2) A summary of operations.
``(3) The type of recipients that received support,
identified by authorized category (foreign forces, irregular
forces, groups, or individuals).
``(4) The total amount obligated in the previous fiscal
year, including budget details.
``(5) The total amount obligated in prior fiscal years.
``(6) The intended duration of support.
``(7) A description of support or training provided to the
recipients of support.
``(8) A value assessment of the operational support
provided.''.
SEC. 1205. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Expansion of Authority.--Section 1233 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
393) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by striking subsection (a) and inserting the following
new subsections:
``(a) Reimbursement.--
``(1) In general.--Using applicable funds referred to in
paragraph (2), the Secretary of Defense may reimburse any key
cooperating nation for the following:
``(A) During fiscal year 2008, 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) During fiscal year 2010, logistical,
military, and other support, including access, provided
by that nation to or in connection with United States
military operations described in subparagraph (A).
``(2) Covered funds.--The funds referred to in this
subsection are the following:
``(A) For purposes of paragraph (1)(A), amounts
authorized to be appropriated for fiscal year 2008 by
section 1508 for operation and maintenance.
``(B) For purposes of paragraph (1)(B), amounts
authorized to be appropriated for fiscal year 2010 by
section 1507(5) for operation and maintenance, Defense-
wide activities.
``(b) Other Support.--Using funds described in subsection
(a)(2)(B), the Secretary of Defense may also assist any key cooperating
nation supporting United States military operations in Operation Iraqi
Freedom or Operation Enduring Freedom in Afghanistan through the
following:
``(1) The provision of specializing training to personnel
of that nation in connection with such operations, including
training of such personnel before deployment in connection with
such operations.
``(2) The procurement and provision of supplies to that
nation in connection with such operations.
``(3) The procurement of specialized equipment and the
loaning of such specialized equipment to that nation on a non-
reimbursable basis in connection with such operations.''.
(b) Amounts of Support.--Paragraph (2) of subsection (c) of such
section, as redesignated by subsection (a)(1) of this section, is
amended to read as follows:
``(2) Support.--Support authorized by subsection (b) may be
provided 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, considers
appropriate.''.
(c) Limitations on Amounts During Fiscal Year 2010.--Paragraph (1)
of subsection (d) of such section, as so redesignated, is amended to
read as follows:
``(1) Limitations on amounts.--(A) The total amount of
reimbursements made under the authority in subsection (a)
during fiscal year 2008 may not exceed $1,200,000,000.
``(B) The aggregate amount of reimbursements made under
subsection (a) and support provided under subsection (b) during
fiscal year 2010 may not exceed $1,600,000,000.''.
(d) Notice to Congress.--Subsection (e) of such section, as so
redesignated, is amended by striking ``shall--'' and all that follows
and inserting ``shall notify the congressional defense committees not
later than 15 days before making any reimbursement under the authority
in subsection (a) or providing any support under the authority in
subsection (b).''.
(e) Reports.--Such section is further amended by adding at the end
the following new subsection:
``(f) Reports.--The Secretary of Defense shall submit to the
congressional defense committees on a quarterly basis a report on any
reimbursements made under the authority in subsection (a), and any
support provided under the authority in subsection (b), during such
quarter.''.
(f) Extension of Notice on Reimbursement of Pakistan for Support
Provided by Pakistan.--Section 1232(b)(6) of the National Defense
Authorization Act for Fiscal Year 2008 (122 Stat. 393), as amended by
section 1217 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634), is further
amended by striking ``September 30, 2010'' and inserting ``September
30, 2011''.
SEC. 1206. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS' EMERGENCY
RESPONSE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Commanders' Emergency Response Program provides
United States military commanders in theater a valuable tool
for accomplishing the counterinsurgency mission in Iraq and
Afghanistan by enabling military commanders to fund urgent
humanitarian relief and reconstruction requirements by carrying
out programs that will immediately assist the people of those
countries; and
(2) United States military commanders utilizing Commanders'
Emergency Response Program funds in Afghanistan, and Provincial
Reconstruction Teams in Afghanistan using such funds or other
United States humanitarian or reconstruction assistance, should
whenever possible coordinate the funding of projects with local
councils, particularly Community Development Councils
established under the Afghanistan National Solidarity Program,
and take actions that promote the importance and effectiveness
of local and national government entities.
(b) One-year Extension of Authority.--
(1) 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
amended by section 1205 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366)
and section 1214 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4630), is further amended--
(A) in the subsection heading, by striking ``Fiscal
Years 2008 and 2009'' and inserting ``Fiscal Year
2010'';
(B) by striking ``each of fiscal years 2008 and
2009'' and inserting ``fiscal year 2010'';
(C) by striking ``for such fiscal year''; and
(D) by striking ``$1,700,000,000 in fiscal year
2008 and $1,500,000,000 in fiscal year 2009'' and
inserting ``$1,400,000,000''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2009.
(c) Extension of Due Date for Quarterly Reports.--Subsection (b)(1)
of such section is amended--
(1) by striking ``15 days'' and inserting ``30 days''; and
(2) by striking ``fiscal years 2008 and 2009'' and
inserting ``any fiscal year during which the authority under
subsection (a) is in effect''.
(d) Authority To Transfer Funds for Support of Afghanistan National
Solidarity Program.--Such section is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Authority To Transfer Funds for Support of Afghanistan
National Solidarity Program.--
``(1) Authority.--If the Secretary of Defense determines
that the use of Commanders' Emergency Response Program funds to
support the Afghanistan National Solidarity Program would
enhance counterinsurgency operations or stability operations in
Afghanistan, the Secretary of Defense may transfer funds, from
amounts available for the Commanders' Emergency Response
Program for fiscal year 2010, to the Secretary of State for
purposes of supporting the Afghanistan National Solidarity
Program.
``(2) Limitation.--The amount of funds transferrable under
paragraph (1) may not exceed $100,000,000.
``(3) Congressional notification.--Not later than 15 days
before transferring funds under paragraph (1), the Secretary of
Defense shall submit to the congressional defense committees a
report setting forth the Secretary's determination pursuant to
paragraph (1) and a description of the amount of funds to be
transferred under that paragraph.''.
(e) Technical Amendments.--Subsections (e)(1) and (f)(1) of such
section are amended by striking ``the date of the enactment of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009''
and inserting ``October 14, 2008,''.
SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.
Section 1207(g) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by
section 1210 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 369) and section 1207 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4625), is further amended by striking
``September 30, 2009'' and inserting ``September 30, 2010''.
SEC. 1208. AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF DEFENSE PERSONNEL
BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES.
(a) Authority To Enter Into Non-reciprocal International Exchange
Agreements.--
(1) In general.--The Secretary of Defense may enter into
non-reciprocal international defense personnel exchange
agreements.
(2) International defense personnel exchange agreements
defined.--For purposes of this section, an international
defense personnel exchange agreement is an agreement with the
government of an ally of the United States or another friendly
foreign country for the exchange of military and civilian
personnel of the defense ministry of that foreign government.
(b) Assignment of Personnel.--
(1) In general.--Pursuant to a non-reciprocal international
defense personnel exchange agreement, personnel of the defense
ministry of a foreign government may be assigned to positions
in the Department of Defense.
(2) Mutual agreement required.--An individual may not be
assigned to a position pursuant to a non-reciprocal
international defense personnel exchange agreement unless the
assignment is acceptable to both governments.
(c) Payment of Personnel Costs.--
(1) In general.--The foreign government with which the
United States has entered into a non-reciprocal international
defense personnel exchange agreement shall pay the salary, per
diem, cost of living, travel costs, cost of language or other
training, and other costs for its personnel in accordance with
the applicable laws and regulations of such government.
(2) Excluded costs.--Paragraph (1) does not apply to the
following costs:
(A) The cost of training programs conducted to
familiarize, orient, or certify exchanged personnel
regarding unique aspects of the assignments of the
exchanged personnel.
(B) Costs incident to the use of facilities of the
United States Government in the performance of assigned
duties.
(d) Prohibited Conditions.--No personnel exchanged pursuant to a
non-reciprocal agreement under this section may take or be required to
take an oath of allegiance or to hold an official capacity in the
government.
(e) Duration of Authority.--The authority under this section shall
expire on December 31, 2011.
SEC. 1209. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND IRAQ.
(a) Findings.--The Senate makes the following findings:
(1) As United States forces continue their redeployment
from Iraq, the quality of the Iraqi Security Forces and the
nature of their training and equipment will play an
increasingly important role.
(2) Despite the decrease in violence in Iraq, Iraq
continues to face formidable threats to its national security.
(3) There are many benefits to the United States and Iraq
resulting from the strategic relationship that exists between
the two nations.
(4) Enhancing the capabilities of the Iraqi Security Forces
and strengthening the defense cooperation between the United
States and Iraq will help ensure that Iraq has the military
strength and political support necessary to enhance its
internal and regional security.
(b) Availability of Professional Military Education for Iraq
Security Forces.--The Secretary of Defense shall endeavor to increase
the number of positions in professional military education courses,
including courses at command and general staff colleges, war colleges,
and the service academies, that are made available annually to
personnel of the security forces of the Government of Iraq.
SEC. 1210. REPORT ON ALTERNATIVES TO USE OF ACQUISITION AND CROSS-
SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR
PERSONNEL PROTECTION AND SURVIVABILITY.
(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 setting forth and assessing
various alternatives to the use of acquisition and cross-servicing
agreements pursuant to the temporary authority in section 1202 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2412), as amended by section 1252 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 402), for purposes of lending covered military
equipment to military forces of nations as follows:
(1) A nation participating in combined operations with the
United States in Iraq and Afghanistan.
(2) A nation participating in combined operations with the
United States as part of a peacekeeping operation under the
Charter of the United Nations or another international
agreement.
(b) Covered Military Equipment Defined.--In this section, the term
``covered military equipment'' has the meaning given that term in
section 1202(d)(1) of the John Warner National Defense Authorization
Act for Fiscal Year 2007.
SEC. 1211. ENSURING IRAQI SECURITY THROUGH DEFENSE COOPERATION BETWEEN
THE UNITED STATES AND IRAQ.
The President may treat an undertaking by the Government of Iraq
that is made between the date of the enactment of this Act and December
31, 2011, as a dependable undertaking described in section 22(a) of the
Arms Export Control Act (22 U.S.C. 2762(a)) for purposes of entering
into contracts for the procurement of defense articles and defense
services as provided for in that section.
SEC. 1212. AVAILABILITY OF APPROPRIATED FUNDS FOR THE STATE PARTNERSHIP
PROGRAM.
(a) Availability of Appropriated Funds.--The Secretary of Defense
may, under regulations prescribed by the Secretary, use funds
appropriated to the Department of Defense for fiscal year 2010 to pay
the costs incurred by the National Guard (including the costs of pay
and allowances of members of the National Guard) in conducting
activities under the State Partnership Program--
(1) to support the objectives of the commander of the
combatant command for the theater of operations in which such
activities are conducted; or
(2) to build international civil-military partnerships and
capacity on matters relating to defense and security.
(b) Limitations.--
(1) Approval by commander of combatant command and chief of
mission.--Funds shall not be available under subsection (a) for
activities conducted under the State Partnership Program in a
foreign country unless such activities are jointly approved by
the commander of the combatant command concerned and the chief
of mission concerned.
(2) Participation by members.--Funds shall not be available
under subsection (a) for the participation of a member of the
National Guard in activities conducted under the State
Partnership Program in a foreign country unless the member is
on active duty in the Armed Forces at the time of such
participation.
(c) Reimbursement.--In the event of the participation of personnel
of a department or agency of the United States Government (other than
the Department of Defense) in activities for which payment is made
under subsection (a), the head of such department or agency shall
reimburse the Secretary of Defense for the costs associated with the
participation of such personnel in such activities. Amounts reimbursed
the Department of Defense under this subsection shall be deposited in
the appropriation or account from which amounts for the payment
concerned were derived. Any amounts so deposited shall be merged with
amounts in such appropriation or account, and shall be available for
the same purposes, and subject to the same conditions and limitations,
as amounts in such appropriation or account.
SEC. 1213. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE
SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND
AFGHANISTAN.
(a) Authority.--The President is authorized to transfer defense
articles from the stocks of the Department of Defense, and to provide
defense services in connection with the transfer of such defense
articles, to--
(1) the military and security forces of Iraq to support the
efforts of those forces to restore and maintain peace and
security in that country; and
(2) the military and security forces of Afghanistan to
support the efforts of those forces to restore and maintain
peace and security in that country.
(b) Limitations.--
(1) Value.--The aggregate replacement value of all defense
articles transferred and defense services provided under
subsection (a) may not exceed $500,000,000.
(2) Source of transferred defense articles.--The authority
under subsection (a) may only be used for defense articles
that--
(A) immediately before the transfer were in use to
support operations in Iraq;
(B) were present in Iraq as of the date of
enactment of this Act; and
(C) are no longer required by United States forces
in Iraq.
(c) Applicable Law.--Any defense articles transferred or defense
services provided to Iraq or Afghanistan under the authority of
subsection (a) shall be subject to the authorities and limitations
applicable to excess defense articles under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), other than the authorities
and limitations contained in subsections (b)(1)(B), (e), (f), and (g)
of such section.
(d) Report.--
(1) In general.--The President may not exercise the
authority under subsection (a) until 30 days after the
Secretary of Defense, with the concurrence of the Secretary of
State, provides the appropriate congressional committees a
report on the plan for the disposition of equipment and other
property of the Department of Defense in Iraq.
(2) Elements of report.--The report required under
paragraph (1) shall include the following elements:
(A) An assessment of--
(i) the types and quantities of defense
articles required by the military and security
forces of Iraq to support the efforts of those
military and security forces to restore and
maintain peace and security in Iraq; and
(ii) the types and quantities of defense
articles required by the military and security
forces of Afghanistan to support the efforts of
those military and security forces to restore
and maintain peace and security in Afghanistan.
(B) A description of the authorities available for
addressing the requirements identified in subparagraph
(A).
(C) A description of the process for inventorying
equipment and property, including defense articles, in
Iraq owned by the Department of Defense, including
equipment and property owned by the Department of
Defense and under the control of contractors in Iraq.
(D) A description of the types of defense articles
that the Department of Defense intends to transfer to
the military and security forces of Iraq and an
estimate of the quantity of such defense articles to be
transferred.
(E) A description of the process by which potential
requirements for defense articles to be transferred
under the authority provided in subsection (a), other
than the requirements of the security forces of Iraq or
Afghanistan, are identified and the mechanism for
resolving any potential conflicting requirements for
such defense articles.
(F) A description of the plan, if any, for
reimbursing military departments from which non-excess
defense articles are transferred under the authority
provided in subsection (a).
(G) An assessment of the efforts by the Government
of Iraq to identify the requirements of the military
and security forces of Iraq for defense articles to
support the efforts of those forces to restore and
maintain peace and security in that country.
(H) An assessment of the ability of the Governments
of Iraq and Afghanistan to absorb the costs associated
with possessing and using the defense articles to be
transferred.
(I) A description of the steps taken by the
Government of Iraq to procure or acquire defense
articles to meet the requirements of the military and
security forces of Iraq, including through military
sales from the United States.
(e) Notification.--
(1) In general.--The President may not transfer defense
articles or provide defense services under subsection (a) until
15 days after the date on which the President has provided
notice of the proposed transfer of defense articles or
provision of defense services to the appropriate congressional
committees.
(2) Contents.--Such notification shall include--
(A) a description of the amount and type of each
defense article to be transferred or defense services
to be provided;
(B) a statement describing the current value of
such article and the estimated replacement value of
such article;
(C) an identification of the military department
from which the defense articles being transferred are
drawn;
(D) an identification of the element of the
military or security force that is the proposed
recipient of each defense article to be transferred or
defense service to be provided;
(E) an assessment of the impact of the transfer on
the national technology and industrial base and,
particularly, the impact on opportunities of entities
in the national technology and industrial base to sell
new or used equipment to the countries to which such
articles are to be transferred; and
(F) a certification by the President that--
(i) the Secretary of Defense has determined
that--
(I) the defense articles to be
transferred are no longer required by
United States forces in Iraq;
(II) the proposed transfer of such
defense articles will not adversely
impact the military preparedness of the
United States;
(III) immediately before the
transfer, the defense articles to be
transferred were being used to support
operations in Iraq;
(IV) the defense articles to be
transferred were present in Iraq as of
the date of enactment of this Act; and
(V) the defense articles to be
transferred are required by the
military and security forces of Iraq or
the military and security forces of
Afghanistan, as applicable, to build
their capacity to restore and maintain
peace and security in their country;
(ii) the government of the recipient
country has agreed to accept and take
possession of the defense articles to be
transferred and to receive the defense services
in connection with that transfer; and
(iii) the proposed transfer of such defense
articles and the provision of defense services
in connection with such transfer is in the
national interest of the United States.
(f) Quarterly Report.--Not later than 90 days after the date of the
report provided under subsection (d), and every 90 days thereafter
during fiscal year 2010, the Secretary of Defense shall report to the
appropriate congressional committees on the implementation of the
authority under subsection (a). The report shall include the
replacement value of defense articles transferred pursuant to
subsection (a), both in the aggregate and by military department, and
services provided to Iraq and Afghanistan during the previous 90 days.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Affairs
of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
(2) Defense articles.--The term ``defense articles'' has
the meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(d)).
(3) Defense services.--The term ``defense services'' has
the meaning given the term in section 644(f) of such Act (22
U.S.C. 2403(f)).
(4) Military and security forces.--The term ``military and
security forces'' means national armies, national air forces,
national navies, national guard forces, police forces and
border security forces, but does not include non-governmental
or irregular forces (such as private militias).
(h) Expiration.--The authority provided under subsection (a) may
not be exercised after September 30, 2010.
(i) Excess Defense Articles.--
(1) Additional authority.--The authority provided by
subsection (a) is in addition to the authority provided by
Section 516 of the Foreign Assistance Act of 1961.
(2) Aggregate value.--The value of excess defense articles
transferred to Iraq during fiscal year 2010 pursuant to Section
516 of the Foreign Assistance Act of 1961 shall not be counted
against the limitation on the aggregate value of excess defense
articles transferred contained in subsection (g) of such Act.
SEC. 1214. CERTIFICATION REQUIREMENT FOR COALITION SUPPORT FUND
REIMBURSEMENTS.
Section 1232(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 392), as amended by
section 1217 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634), is amended--
(1) in paragraph (1)(A), by striking ``the Secretary of
Defense shall submit'' and inserting ``the Secretary of
Defense, after consultation with the Secretary of State, shall
submit''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively, and
indenting each clause, as so redesignated, 6 ems from
the left margin;
(B) by striking ``shall include an itemized
description'' and inserting the following: ``shall
include the following:
``(A) An itemized description''; and
(C) by adding at the end the following new
subparagraph:
``(B) A certification that the reimbursement--
``(i) is consistent with the national
security interests of the United States; and
``(ii) will not adversely impact the
balance of power in the region.''.
Subtitle B--Reports
SEC. 1221. REPORT ON UNITED STATES ENGAGEMENT WITH IRAN.
(a) In General.--Not later than January 31, 2010, the President
shall submit to Congress a report on United States engagement with
Iran.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) Diplomatic engagement.--With respect to diplomatic
engagement, the following:
(A) A description of areas of mutual interest to
the Government of the United States and the Government
of the Islamic Republic of Iraq in which cooperation
and discussion could be of mutual interest.
(B) A discussion and assessment of the commitment
of the Government of the Islamic Republic of Iran to
engage in good-faith discussions with the United States
to resolve matters of concern through negotiation.
(2) Support for terrorism and extremism.--With respect to
support for terrorism and extremism, an assessment of the
extent to which the Government of the Islamic Republic of Iran
has supported or provided weapons, training, funding, or any
other type of support or assistance for any designated Foreign
Terrorist Organization as well as regional militant groups, and
specific assessments of the support provided by the Government
of the Islamic Republic of Iran, or agencies under that
government, for insurgents or other militant groups in Iraq and
Afghanistan.
(3) Nuclear activities.--With respect to nuclear
activities, an assessment of the extent to which the Government
of the Islamic Republic of Iran has--
(A) complied with United Nations Security Council
Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803
(2008), and 1835 (2008), and with any other applicable
Resolutions adopted by the United Nations Security
Council as of the date of the report;
(B) cooperated with the International Atomic Energy
Agency (IAEA), including fulfilling all requests of
that Agency for access to information, documentation,
locations, and individuals;
(C) ratified and implemented the Additional
Protocol to Iran's Safeguards Agreement with the
International Atomic Energy Agency, as requested by the
Board of Governors of the International Atomic Energy
Agency and the United Nations Security Council; and
(D) committed to stop uranium enrichment activities
and forego the reprocessing of spent fuel, the
production of heavy water, and the weaponization of
fissile materials on a permanent basis.
(4) Missile activities.--With respect to missile
activities, an assessment of the extent to which the Government
of the Islamic Republic of Iran has continued development of
its ballistic missile program, including participation in any
imports or exports of any items, materials, goods, and
technologies related to that program and has complied with
United Nations Security Council Resolutions 1696, 1737, 1747,
1803, and 1835, as required by the United Nations Security
Council.
(5) Support to illegal narcotics network in afghanistan.--
With respect to support to the illegal narcotics network in
Afghanistan, an assessment of the extent to which the
Government of the Islamic Republic of Iran, or agencies under
that government, has or have supported or facilitated the
illegal narcotics trade in Afghanistan.
(6) Sanctions against iran.--With regard to sanctions
against Iran--
(A) a list of all current United States bilateral
and multilateral sanctions against Iran;
(B) a description and discussion of United States
diplomatic efforts to enforce bilateral and
multilateral sanctions against Iran and to strengthen
international efforts to enforce such sanctions;
(C) an assessment of the impact and effectiveness
of existing bilateral and multilateral sanctions
against Iran in achieving United States goals;
(D) a list of all United States and foreign
registered entities which the Secretary of State has
determined to be in violation of existing United States
bilateral or multilateral sanctions against Iran;
(E) a detailed description of United States efforts
to enforce sanctions against Iran, including--
(i) a list of all investigations initiated
in the 18-month period ending on the date of
the enactment of this Act that have resulted in
a determination that a violation of sanctions
against Iran has occurred; and
(ii) a description of the actions taken by
the United States Government pursuant to each
such determination; and
(F) a description of bilateral and multilateral
sanctions against Iran that are under consideration, an
assessment whether such additional sanctions against
Iran would be effective, and, if so, a description of
the actions being undertaken to pursue such additional
sanctions.
(c) Submittal in Classified Form.--The report required by
subsection (a), or any part of such report, may be submitted in
classified form if the President considers it appropriate.
SEC. 1222. REPORT ON CUBA AND CUBA'S RELATIONS WITH OTHER COUNTRIES.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall provide to the defense
and intelligence committees of the Congress a report addressing the
following:
(1) The cooperative agreements and relationships that Cuba
has with Iran, North Korea, and other states suspected of
nuclear proliferation.
(2) A detailed account of the economic support provided by
Venezuela to Cuba and the intelligence and other support that
Cuba provides to the government of Hugo Chavez.
(3) A review of the evidence of relationships between the
Cuban government or any of its components with drug cartels or
involvement in other drug trafficking activities.
(4) The status and extent of Cuba's clandestine activities
in the United States.
(5) The extent and activities of Cuban support for
governments in Venezuela, Bolivia, Ecuador, Central America,
and the Caribbean.
(6) The status and extent of Cuba's research and
development program for biological weapons production.
(7) The status and extent of Cuba's cyberwarfare program.
SEC. 1223. REPORT ON VENEZUELA.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall provide to the defense
and intelligence committees of the Congress a report addressing the
following:
(1) An inventory of all weapons purchases by, and transfers
to, the government of Venezuela and Venezuela's transfers to
other countries since 1998, particularly purchases and
transfers of missiles, ships, submarines, and any other
advanced systems. The report shall include an assessment of
whether there is accountability of the purchases and transfers
with respect to the end-use and diversion of such materiel to
popular militias, other governments, or irregular armed forces.
(2) The mining and shipping of Venezuelan uranium to Iran,
North Korea, and other states suspected of nuclear
proliferation.
(3) The extent to which Hugo Chavez and other Venezuelan
officials and supporters of the Venezuelan government provide
political counsel, collaboration, financial ties, refuge, and
other forms of support, including military materiel, to the
Revolutionary Armed Forces of Colombia (FARC).
(4) The extent to which Hugo Chavez and other Venezuelan
officials provide funding, logistical and political support to
the Islamist terrorist organization Hezbollah.
(5) Deployment of Venezuelan security or intelligence
personnel to Bolivia, including any role such personnel have in
suppressing opponents of the government of Bolivia.
(6) Venezuela's clandestine material support for political
movements and individuals throughout the Western Hemisphere
with the objective of influencing the internal affairs of
nations in the Western Hemisphere.
(7) Efforts by Hugo Chavez and other officials or
supporters of the Venezuelan government to convert or launder
funds that are the property of Venezuelan government agencies,
instrumentalities, parastatals, including Petroleos de
Venezuela, SA (PDVSA).
(8) Covert payments by Hugo Chavez or officials or
supporters of the Venezuelan government to foreign political
candidates, government officials, or officials of international
organizations for the purpose of influencing the performance of
their official duties.
SEC. 1224. REPORT ON MILITARY POWER OF IRAN.
(a) Biennial Report.--Not later than March 31, 2010, and in each
even-numbered year thereafter until 2020, the Secretary of Defense
shall submit to Congress a report, in both classified and unclassified
form, on the 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 the Army, Air Force, Navy,
and Revolutionary Guard Corps of the Islamic Republic of Iran.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following elements:
(1) As assessment of the grand strategy, security strategy,
and military strategy of the Government of the Islamic Republic
of Iran, including the following:
(A) The goals of the grand strategy, security
strategy, and military strategy.
(B) Aspects of the strategies that would be
designed to establish Iran as the leading power in the
Middle East and to enhance the influence of Iran in
other regions of the world.
(C) The security situation in the Persian Gulf and
the Levant.
(D) Iranian strategy regarding other countries in
the Middle East region.
(2) An assessment of the capabilities of the conventional
forces of the Government of the Islamic Republic of Iran,
including the following:
(A) The size, location, and capabilities of the
conventional forces.
(B) A detailed analysis of the conventional forces
of the Government of the Islamic Republic of Iran
facing United States forces in the region and other
countries in the Middle East region.
(C) An estimate of the funding provided for each
branch of the conventional forces of the Government of
the Islamic Republic of Iran.
(3) An assessment of the unconventional forces of the
Government of the Islamic Republic of Iran, including the
following:
(A) The size and capability of 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 in particular those forces that have been
assessed as willing to carry out terrorist operations
on behalf of the Islamic Republic of Iran.
(C) A detailed analysis of the unconventional
forces of the Government of the Islamic Republic of
Iran and their implications for the United States and
other countries in the Middle East region.
(D) An estimate of the amount of funds spent by the
Government of the Islamic Republic of Iran to develop
and support special operations forces and terrorist
groups.
(c) Definitions.--In this section:
(1) Conventional forces of the government of iran.--The
term ``conventional forces of the Government of the Islamic
Republic of Iran''--
(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.
(2) Middle east region.--The term ``Middle East region''
means--
(A) the countries within the area of responsibility
of United States Central Command; and
(B) the countries within the area covered by the
Bureau of Near Eastern Affairs of the Department of
State.
(3) Unconventional forces of the government of iran.--The
term ``unconventional forces of the Government of the Islamic
Republic of Iran''--
(A) means forces of the Islamic Republic of Iran
that carry out missions typically associated with
special operations forces; and
(B) includes--
(i) the Iranian Revolutionary Guard Corps-
Quds Force; and
(ii) any organization that--
(I) has been designated a terrorist
organization by the United States;
(II) receives assistance from the
Government of Iran; and
(III)(aa) is assessed as being
willing in some or all cases of
carrying out attacks on behalf of the
Government of the Islamic Republic of
Iran; or
(bb) is assessed as likely to carry
out attacks in response to a military
attack by another country on the
Islamic Republic of Iran.
SEC. 1225. ANNUAL COUNTERTERRORISM STATUS REPORTS.
(a) Short Title.--This section may be cited as the ``Success in
Countering Al Qaeda Reporting Requirements Act of 2009''.
(b) Annual Counterterrorism Status Reports.--
(1) In general.--Not later than July 31, 2010, and every
July 31 thereafter, the President shall submit a report, to the
Committee on Foreign Relations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, the Committee
on Armed Services of the Senate, the Committee on Armed
Services of the House of Representatives, the Committee on
Appropriations of the Senate, the Committee on Appropriations
of the House of Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee
on Intelligence of the House of Representatives, which
contains, for the most recent 12-month period, a review of the
counterterrorism strategy of the United States Government,
including--
(A) a detailed assessment of the scope, status, and
progress of United States counterterrorism efforts in
fighting Al Qaeda and its related affiliates and
undermining long-term support for violent extremism;
(B) a judgment on the geographical region in which
Al Qaeda and its related affiliates pose the greatest
threat to the national security of the United States;
(C) a judgment on the adequacy of interagency
integration of the counterterrorism programs and
activities of the Department of Defense, the United
States Special Operations Command, the Central
Intelligence Agency, the Department of State, the
Department of the Treasury, the Department of Homeland
Security, the Department of Justice, and other Federal
departments and agencies;
(D) an evaluation of the extent to which the
counterterrorism efforts of the United States
correspond to the plans developed by the National
Counterterrorism Center and the goals established in
overarching public statements of strategy issued by the
executive branch;
(E) a determination of whether the National
Counterterrorism Center exercises the authority and has
the resources and expertise required to fulfill the
interagency strategic and operational planning role
described in section 119(j) of the National Security
Act of 1947 (50 U.S.C. 404o), as added by section 1012
of the National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458);
(F) a description of the efforts of the United
States Government to combat Al Qaeda and its related
affiliates and undermine violent extremist ideology,
which shall include--
(i) a specific list of the President's
highest global counterterrorism priorities;
(ii) the degree of success achieved by the
United States, and remaining areas for
progress, in meeting the priorities described
in clause (i); and
(iii) efforts in those countries in which
the President determines that--
(I) Al Qaeda and its related
affiliates have a presence; or
(II) acts of international
terrorism have been perpetrated by Al
Qaeda and its related affiliates;
(G) a specific list of United States
counterterrorism efforts, and the specific status and
achievements of such efforts, through military,
financial, political, intelligence, paramilitary, and
law enforcement elements, relating to--
(i) bilateral security and training
programs;
(ii) law enforcement and border security;
(iii) the disruption of terrorist networks;
and
(iv) the denial of terrorist safe havens
and sanctuaries;
(H) a description of United States Government
activities to counter terrorist recruitment and
radicalization, including--
(i) strategic communications;
(ii) public diplomacy;
(iii) support for economic development and
political reform; and
(iv) other efforts aimed at influencing
public opinion;
(I) United States Government initiatives to
eliminate direct and indirect international financial
support for the activities of terrorist groups;
(J) a cross-cutting analysis of the budgets of all
Federal Government agencies as they relate to
counterterrorism funding to battle Al Qaeda and its
related affiliates abroad, including--
(i) the source of such funds; and
(ii) the allocation and use of such funds;
(K) an analysis of the extent to which specific
Federal appropriations--
(i) have produced tangible, calculable
results in efforts to combat and defeat Al
Qaeda, its related affiliates, and its violent
ideology; or
(ii) contribute to investments that have
expected payoffs in the medium- to long-term;
(L) statistical assessments, including those
developed by the National Counterterrorism Center, on
the number of individuals belonging to Al Qaeda and its
related affiliates that have been killed, injured, or
taken into custody as a result of United States
counterterrorism efforts; and
(M) a concise summary of the methods used by
National Counterterrorism Center and other elements of
the United States Government to assess and evaluate
progress in its overall counterterrorism efforts,
including the use of specific measures, metrics, and
indices.
(2) Interagency cooperation.--In preparing a report under
this subsection, the President shall include relevant
information maintained by--
(A) the National Counterterrorism Center and the
National Counterproliferation Center;
(B) Department of Justice, including the Federal
Bureau of Investigation;
(C) the Department of State;
(D) the Department of Defense;
(E) the Department of Homeland Security;
(F) the Department of the Treasury;
(G) the Office of the Director of National
Intelligence,
(H) the Central Intelligence Agency;
(I) the Office of Management and Budget;
(J) the United States Agency for International
Development; and
(K) any other Federal department that maintains
relevant information.
(3) Report classification.--Each report required under this
subsection shall be--
(A) submitted in an unclassified form, to the
maximum extent practicable; and
(B) accompanied by a classified appendix, as
appropriate.
SEC. 1226. REPORT ON TAIWAN'S AIR FORCE.
(a) Findings.--Congress makes the following findings:
(1) According to the Department of Defense's (DoD) 2009
Annual Report on Military Power of the People's Republic of
China, the military balance in the Taiwan Strait has been
shifting in China's favor since 2000, marked by the sustained
deployment of advanced military equipment to the Chinese
military regions opposite Taiwan.
(2) Although the DoD's 2002 Report concluded that Taiwan
``has enjoyed dominance of the airspace over the Taiwan Strait
for many years,'' the DoD's 2009 Report states this conclusion
no longer holds true.
(3) China has based 490 combat aircraft (330 fighters and
160 bombers) within unrefueled operational range of Taiwan, and
has the airfield capacity to expand that number by hundreds. In
contrast, Taiwan has 390 combat aircraft (all of which are
fighters).
(4) Also according to the DoD's 2009 Report, China has
continued its build-up of conventional ballistic missiles since
2000, ``building a nascent capacity for conventional short-
range ballistic missile (SRBM) strikes against Taiwan into what
has become one of China's primary instruments of coercion.'' At
this time, China has expanded its SRBM force opposite Taiwan to
seven brigades with a total of 1,050 through 1,150 missiles,
and is augmenting these forces with conventional medium-range
ballistic missiles systems and at least 2 land attack cruise
missile variants capable of ground or air launch. Advanced
fighters and bombers, combined with enhanced training for
nighttime and overwater flights, provide China's People's
Liberation Army (PLA) with additional capabilities for regional
strike or maritime interdiction operations.
(5) Furthermore, the Report maintains, ``the security
situation in the Taiwan Strait is largely a function of dynamic
interactions among Mainland China, Taiwan, and the United
States. The PLA has developed and deployed military capability
to coerce Taiwan or attempt an invasion if necessary. PLA
improvements pose new challenges to Taiwan's security, which
has historically been based upon the PLA's inability to project
power across the 100 nautical-mile Taiwan Strait, natural
geographic advantages of island defense, Taiwan's armed forces'
technological superiority, and the possibility of U.S.
intervention''.
(6) The Taiwan Relations Act of 1979 requires that, in
furtherance of the principle of maintaining peace and stability
in the Western Pacific region, the United States shall make
available to Taiwan such defense articles and defense services
in such quantity ``as may be necessary to enable Taiwan to
maintain a sufficient self-defense capability,'' allowing that
``the President and the Congress shall determine the nature and
quantity of such defense articles and services based solely
upon their judgment of the needs of Taiwan . . .''.
(b) Report to Congress on Taiwan's Current Air Force and Future
Self-defense Requirements.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to Congress a
report, in both classified and unclassified form, containing the
following:
(1) A thorough and complete assessment of the current state
of Taiwan's Air Force, including--
(A) the number and type of aircraft;
(B) the age of aircraft; and
(C) the capability of those aircraft.
(2) An assessment of the effectiveness of the aircraft in
the face of a full-scale concerted missile and air campaign by
China, in which China uses its most modern surface-to-air
missiles currently deployed along its seacoast.
(3) An analysis of the specific weapons systems and
platforms that Taiwan would need to provide for it's self-
defense and maintain control of its own air space.
(4) Options for the United States to assist Taiwan in
achieving those capabilities.
(5) A 5-year plan for fulfilling the obligations of the
United States under the Taiwan Relations Act to provide for
Taiwan's self-defense and aid Taiwan in maintaining control of
its own air space.
SEC. 1227. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS.
Section 1225 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2424) is amended--
(1) in subsection (a), by striking ``until December 31,
2010, the President shall submit'' and inserting ``(but not
later than the first of each May), the Director of the Office
of Management and Budget shall submit''; and
(2) by adding at the end the following:
``(c) Public Availability of Information.--The Director of the
Office of Management and Budget shall post a public version of each
report submitted under subsection (a) on a text-based searchable and
publicly available Internet Web site.''.
Subtitle C--Other Matters
SEC. 1231. SENSE OF CONGRESS ON ESTABLISHMENT OF MEASURES OF PROGRESS
TO EVALUATE UNITED STATES STRATEGIC OBJECTIVES IN
AFGHANISTAN AND PAKISTAN.
(a) Findings.--Congress makes the following findings:
(1) The President announced a new strategy for Afghanistan
and Pakistan on March 27, 2009, that calls for a commitment of
more resources and a significant increase in the number of
United States Armed Forces deployed to the region.
(2) It is the obligation of the United States Government to
the members of the Armed Forces, and to all Americans, that
their sacrifices be met by a clear method for evaluating the
progress toward achieving the objectives in the new strategy of
the Administration.
(3) The President stated, with reference to the strategy
for Afghanistan and Pakistan, that ``going forward, we will not
blindly stay the course. Instead, we will set clear metrics to
measure progress and hold ourselves accountable. We'll
consistently assess our efforts to train Afghan security forces
and our progress in combating insurgents. We will measure the
growth of Afghanistan's economy, and its illicit narcotics
production. And we will review whether we are using the right
tools and tactics to make progress towards accomplishing our
goals''.
(4) Since the announcement of the new strategy of the
Administration on March 27, 2009, key leaders in the
Administration, including in the Department of Defense and
Department of State, have testified before Congress that
progress measures were needed to evaluate performance toward
achieving the strategic objectives of the United States in
Afghanistan and Pakistan and that the Administration was
undertaking the process of reviewing and developing measures of
progress.
(5) Key leaders in the Administration further assured
Congress that the Administration would not only share the
measures of progress with Congress, but would also invite
review and comment by Congress on proposed measures of
progress.
(6) The establishment of both clear objectives and a means
to impartially measure success toward those objectives will
expound to the American people what the United States and its
partners intend to accomplish in and for Afghanistan and
Pakistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Administration should, through the coordination of
the Departments of Defense and State, expeditiously submit to
Congress a comprehensive list of measures of progress with
regard to United States strategic objectives in Afghanistan and
Pakistan;
(2) the comprehensive list under paragraph (1) should
include newly-established measures of progress as well as such
measures of progress previously established pursuant to section
1230(d) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 385) that continue to
be relevant to the current United States strategy for
Afghanistan and Pakistan;
(3) the Administration should incorporate the comprehensive
list under paragraph (1) with each report submitted under
sections 1230 and 1232 of the National Defense Authorization
Act for Fiscal Year 2008 (122 Stat. 385, 392) and should
review, and if necessary modify, the comprehensive list for
each such report; and
(4) upon submittal to Congress of the reports required by
sections 1230 and 1232 of the National Defense Authorization
Act for Fiscal Year 2008, the Administration should provide an
assessment of each measure of progress by--
(A) setting forth the measure of progress being
evaluated;
(B) providing data used to evaluate the measure of
progress;
(C) providing an evaluation of the performance of
the particular measure of progress; and
(D) providing a comprehensive assessment of how the
performance of the particular measure of progress
hinders or enhances the overall performance toward
achieving strategic objectives of the United States in
Afghanistan and Pakistan.
SEC. 1232. SENSE OF THE SENATE ON IMPOSING SANCTIONS WITH RESPECT TO
THE ISLAMIC REPUBLIC OF IRAN.
(a) Findings.--The Senate makes the following findings:
(1) The illicit nuclear activities of the Government of the
Islamic Republic of Iran, combined with its development of
unconventional weapons and ballistic missiles and support for
international terrorism, represent a grave threat to the
security of the United States and United States allies in
Europe, the Middle East, and around the world.
(2) The United States and other responsible countries have
a vital interest in working together to prevent the Government
of the Islamic Republic of Iran from acquiring a nuclear
weapons capability.
(3) As President Barack Obama said, ``Iran obtaining a
nuclear weapon would not only be a threat to Israel and a
threat to the United States, but would be profoundly
destabilizing in the international community as a whole and
could set off a nuclear arms race in the Middle East that would
be extraordinarily dangerous for all concerned, including for
Iran.''.
(4) The International Atomic Energy Agency has repeatedly
called attention to the illicit nuclear activities of the
Islamic Republic of Iran, and, as a result, the United Nations
Security Council has adopted a range of sanctions designed to
encourage the Government of the Islamic Republic of Iran to
cease those activities and comply with its obligations under
the Treaty on Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (commonly known as the ``Nuclear Non-
Proliferation Treaty'').
(5) The Department of the Treasury has imposed sanctions on
several Iranian banks, including Bank Melli, Bank Saderat, Bank
Sepah, and Bank Mellat, for their involvement in proliferation
activities or support for terrorist groups.
(6) The Central Bank of Iran, the keystone of Iran's
financial system and its principal remaining lifeline to the
international banking system, has engaged in deceptive
financial practices and facilitated such practices among banks
involved in proliferation activities or support for terrorist
groups, including Bank Sepah and Bank Melli, in order to evade
sanctions imposed by the United States and the United Nations.
(7) On April 8, 2009, the United States formally extended
an offer to engage in direct diplomacy with the Government of
the Islamic Republic of Iran through negotiations with the five
permanent members of the United States Security Council and
Germany (commonly referred to as the ``P5-plus-1 process''), in
the hope of resolving all outstanding disputes between the
Islamic Republic of Iran and the United States.
(8) The Government of the Islamic Republic of Iran has yet
to make a formal reply to the April 8, 2009, offer of direct
diplomacy by the United States or to engage in direct diplomacy
with the United States through the P5-plus-1 process.
(9) On July 8, 2009, President Nicolas Sarkozy of France
warned that the Group of Eight major powers will give the
Islamic Republic of Iran until September 2009 to accept
negotiations with respect to its nuclear activities or face
tougher sanctions.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Government of the Islamic Republic of Iran should--
(A) seize the historic offer put forward by
President Barack Obama to engage in direct diplomacy
with the United States;
(B) suspend all enrichment-related and reprocessing
activities, including research and development, and
work on all heavy-water related projects, including the
construction of a research reactor moderated by heavy
water, as demanded by multiple resolutions of the
United Nations Security Council; and
(C) come into full compliance with the Nuclear Non-
Proliferation Treaty, including the additional protocol
to the Treaty; and
(2) the President should impose sanctions on the Central
Bank of Iran and any other Iranian bank engaged in
proliferation activities or support for terrorist groups, as
well as any other sanctions the President determines
appropriate, if--
(A) the Government of the Islamic Republic of
Iran--
(i) has not accepted the offer by the
United States to engage in direct diplomacy
through the P5-plus-1 process before the Summit
of the Group of 20 (G-20) in Pittsburgh,
Pennsylvania, in September 2009; or
(ii) has not suspended all enrichment-
related and reprocessing activities and work on
all heavy-water related projects within 60 days
of the conclusion of that Summit; and
(B) the United Nations Security Council has failed
to adopt significant and meaningful additional
sanctions on the Government of the Islamic Republic of
Iran.
SEC. 1233. SENSE OF THE SENATE ON ENFORCEMENT AND IMPOSITION OF
SANCTIONS WITH RESPECT TO NORTH KOREA; REVIEW TO
DETERMINE WHETHER NORTH KOREA SHOULD BE RE-LISTED AS A
STATE SPONSOR OF TERRORISM.
(a) Findings.--The Senate makes the following findings:
(1) On April 5, 2009, the Government of North Korea tested
an intermediate range ballistic missile in violation of United
Nations Security Council Resolutions 1695 (2006) and 1718
(2006).
(2) On April 5, 2009, President Barack Obama issued a
statement on North Korea, stating that ``Preventing the
proliferation of weapons of mass destruction and their means of
delivery is a high priority for my administration'', and
adding, ``North Korea has ignored its international
obligations, rejected unequivocal calls for restraint, and
further isolated itself from the community of nations''.
(3) On April 15, 2009, the Government of North Korea
announced it was expelling international inspectors from its
Yongbyon nuclear facility and ending its participation in the
Six Party Talks for the Denuclearization of the Korean
Peninsula.
(4) On May 25, 2009, the Government of North Korea
conducted a second nuclear test, in disregard of United Nations
Security Council Resolution 1718, which was issued in 2006
following the first such test and which demanded that North
Korea not conduct any further nuclear tests or launches of a
ballistic missile.
(5) The State Department's 2008 Human Rights Report on
North Korea, issued on February 25, 2009, found that human
rights conditions inside North Korea remained poor, prison
conditions are harsh and life-threatening, and citizens were
denied basic freedoms such as freedom of speech, press,
assembly, religion, and association.
(6) Pursuant to section 102(b)(2)(E) of the Arms Export
Control Act (22 U.S.C. 2799aa-1(b)(2)(E)), President George W.
Bush, on February 7, 2007, notified Congress that the United
States Government would oppose the extension of any loan or
financial or technical assistance to North Korea by any
international financial institution and the prohibition on
support for the extension of such loans or assistance remains
in effect.
(7) On June 12, 2009, the United Nations Security Council
passed Resolution 1874, condemning North Korea's nuclear test,
imposing a sweeping embargo on all arms trade with North Korea,
and requiring member states not to provide financial support or
other financial services that could contribute to North Korea's
nuclear-related or missile-related activities or other
activities related to weapons of mass destruction.
(8) On July 15, 2009, the Sanctions Committee of the United
Nations Security Council, pursuant to United Nations Security
Council Resolution 1874, imposed a travel ban on five North
Korean individuals and asset freezes on five more North Korean
entities for their involvement in nuclear weapons and ballistic
missile development programs, marking the first time the United
Nations has imposed a travel ban on North Koreans.
(9) On June 10, 2008, the Government of North Korea issued
a statement, subsequently conveyed directly to the United
States Government, affirming that North Korea, ``will firmly
maintain its consistent stand of opposing all forms of
terrorism and any support to it and will fulfill its
responsibility and duty in the struggle against terrorism.''.
(10) The June 10, 2008, statement by the Government of
North Korea also pledged that North Korea would take ``active
part in the international efforts to prevent substance,
equipment and technology to be used for the production of nukes
and biochemical and radioactive weapons from finding their ways
to the terrorists and the organizations that support them''.
(11) On June 26, 2008, President George W. Bush certified
that--
(A) the Government of North Korea had not provided
any support for international terrorism during the
preceding 6-month period; and
(B) the Government of North Korea had provided
assurances that it will not support acts of
international terrorism in the future.
(12) The President's June 26 certification concluded, based
on all available information, that there was ``no credible
evidence at this time of ongoing support by the DPRK for
international terrorism'' and that ``there is no credible or
sustained reporting at this time that supports allegations
(including as cited in recent reports by the Congressional
Research Service) that the DPRK has provided direct or witting
support for Hezbollah, Tamil Tigers, or the Iranian
Revolutionary Guard''.
(13) The State Department's Country Reports on Terrorism
2008, in a section on North Korea, state, ``The Democratic
People's Republic of Korea (DPRK) was not known to have
sponsored any terrorist acts since the bombing of a Korean
Airlines flight in 1987.''.
(14) The Country Reports on Terrorism 2008 also state, ``A
state that directs WMD resources to terrorists, or one from
which enabling resources are clandestinely diverted, poses a
grave WMD terrorism threat. Although terrorist organizations
will continue to seek a WMD capability independent of state
programs, the sophisticated WMD knowledge and resources of a
state could enable a terrorist capability. State sponsors of
terrorism and all nations that fail to live up to their
international counterterrorism and nonproliferation obligations
deserve greater scrutiny as potential facilitators of WMD
terrorism.''.
(15) On October 11, 2008, the Secretary of State, pursuant
to the President's certification, removed North Korea from its
list of state sponsors of terrorism, on which North Korea had
been placed in 1988.
(b) Report on Conduct of North Korea.--Not later than 30 days after
the date of the enactment of this Act, the President shall submit to
Congress a detailed report examining the conduct of the Government of
North Korea since June 26, 2008, based on all available information, to
determine whether North Korea meets the statutory criteria for listing
as a state sponsor of terrorism. The report shall--
(1) present any credible evidence of support by the
Government of North Korea for acts of terrorism, terrorists, or
terrorist organizations;
(2) examine what steps the Government of North Korea has
taken to fulfill its June 10, 2008, pledge to prevent weapons
of mass destruction from falling into the hands of terrorists;
and
(3) assess the effectiveness of re-listing North Korea as a
state sponsor of terrorism as a tool to accomplish the
objectives of the United States with respect to North Korea,
including completely eliminating North Korea's nuclear weapons
programs, preventing North Korean proliferation of weapons of
mass destruction, and encouraging North Korea to abide by
international norms with respect to human rights.
(c) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States should--
(A) vigorously enforce United Nations Security
Council Resolutions 1718 (2006) and 1874 (2009) and
other sanctions in place with respect to North Korea
under United States law;
(B) urge all member states of the United Nations to
fully implement the sanctions imposed by United Nations
Security Council Resolutions 1718 and 1874; and
(C) explore the imposition of additional unilateral
and multilateral sanctions against North Korea in
furtherance of United States national security;
(2) the conduct of North Korea constitutes a threat to the
northeast Asian region and to international peace and security;
(3) if the United States determines that the Government of
North Korea has provided assistance to terrorists or engaged in
state sponsored acts of terrorism, the Secretary of State
should immediately list North Korea as a state sponsor of
terrorism; and
(4) if the United States determines that the Government of
North Korea has failed to fulfill its June 10, 2008, pledges,
the Secretary of State should immediately list North Korea as a
state sponsor of terrorism.
(d) State Sponsor of Terrorism Defined.--For purposes of this
section, the term ``state sponsor of terrorism'' means a country that
has repeatedly provided support for acts of international terrorism for
purposes of--
(1) section 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)) (as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.));
(2) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(3) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).
SEC. 1234. REPORT ON THE PLAN FOR THE UNITED STATES NUCLEAR WEAPONS
STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY
PLATFORMS AND SENSE OF THE SENATE ON FOLLOW-ON
NEGOTIATIONS TO START TREATY.
(a) Report on the Plan for the United States Nuclear Weapons
Stockpile, Nuclear Weapons Complex, and Delivery Platforms.--
(1) Report required.--Not later than 30 days after the date
of the enactment of this Act or at the time a follow-on treaty
to the Strategic Arms Reduction Treaty (START Treaty) is
submitted by the President to the Senate for its advice and
consent, whichever is earlier, the President shall submit to
the congressional defense and foreign relations committees a
report on the plan to enhance the safety, security, and
reliability of the United States nuclear weapons stockpile,
modernize the nuclear weapons complex, and maintain the
delivery platforms for nuclear weapons.
(2) Coordination.--The President shall prepare the report
required under paragraph (1) in coordination with the Secretary
of Defense, the directors of Sandia National Laboratory, Los
Alamos National Laboratory, and Lawrence Livermore National
Laboratory, the Administrator for the National Nuclear Security
Administration, and the Commander of the United States
Strategic Command.
(3) Elements.--The report required under paragraph (1)
shall include the following:
(A) A description of the plan to enhance the
safety, security, and reliability of the United States
nuclear weapons stockpile.
(B) A description of the plan to modernize the
nuclear weapons complex, including improving the safety
of facilities, modernizing the infrastructure, and
maintaining the key capabilities and competencies of
the nuclear weapons workforce, including designers and
technicians.
(C) A description of the plan to maintain delivery
platforms for nuclear weapons.
(D) An estimate of budget requirements, including
the costs associated with the plans outlined under
subparagraphs (A) through (C), over a 10-year period.
(b) Sense of the Senate on Follow-on Negotiations to the START
Treaty.--The Senate urges the President to maintain the stated position
of the United States that the follow-on treaty to the START Treaty not
include any limitations on the ballistic missile defense systems, space
capabilities, or advanced conventional weapons systems of the United
States.
SEC. 1235. SENSE OF CONGRESS ON CONTINUED SUPPORT BY THE UNITED STATES
FOR A STABLE AND DEMOCRATIC REPUBLIC OF IRAQ.
(a) Findings.--Congress makes the following findings:
(1) The men and women of the United States Armed Forces who
have served or are serving in the Republic of Iraq have done so
with the utmost bravery and courage and deserve the respect and
gratitude of the people of the United States and the people of
Iraq.
(2) The leadership of Generals David Petraeus and Raymond
Odierno, as the Commanders of the Multi-National Force Iraq, as
well as Ambassador Ryan Crocker, was instrumental in bringing
stability and success to Iraq.
(3) The strategy known as the surge was a critical factor
contributing to significant security gains and facilitated the
economic, political, and social gains that have occurred in
Iraq since 2007.
(4) The people of Iraq have begun to develop a stable
government and stable society because of the security gains
following the surge and the willingness of the people of Iraq
to accept the ideals of a free and fair democratic society over
the tyranny espoused by Al Qaeda and other terrorist
organizations.
(5) The security gains in Iraq must be carefully maintained
so that those fragile gains can be solidified and expanded
upon, primarily by citizens of Iraq in service to their
country, with the support of the United States as appropriate.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a stable and democratic Republic of Iraq is in the
long-term national security interest of the United States;
(2) the people and the Government of the United States
should help the people of Iraq promote the stability of their
country and peace in the region; and
(3) the United States should be a long-term strategic
partner with the Government and the people of Iraq in support
of their efforts to build democracy, good governance, and peace
and stability in the region.
SEC. 1236. REPORT ON FEASIBILITY AND DESIRABILITY OF ESTABLISHING
GENERAL UNIFORM PROCEDURES AND GUIDELINES FOR THE
PROVISION OF MONETARY ASSISTANCE BY THE UNITED STATES TO
CIVILIAN FOREIGN NATIONALS FOR LOSSES INCIDENT TO COMBAT
ACTIVITIES OF THE ARMED FORCES.
(a) Report.--The Secretary of Defense shall submit to Congress a
report on the feasibility and the desirability of establishing general
uniform procedures and guidelines for the provision by the United
States of monetary assistance to civilian foreign nationals for losses,
injuries, or death (hereafter ``harm'') incident to combat activities
of the United States Armed Forces during contingency operations.
(b) Matters To Be Included in Report.--The Secretary shall include
in the report the following:
(1) A description of the authorities under laws in effect
as of the date of the enactment of this Act for the United
States to provide compensation, monetary payments, or other
assistance to civilians who incur harm due directly or
indirectly to the combat activities of the United States Armed
Forces.
(2) A description of the practices in effect as of the date
of enactment of this Act for the United States to provide ex
gratia, solatia, or other types of condolence payments to
civilians who incur harm due directly or indirectly to the
combat activities of the United States Armed Forces.
(3) A discussion of the historic practice of the United
States to provide compensation, other monetary payments, or
other assistance to civilian foreign nationals who incur harm
due directly or indirectly to combat activities of the United
States Armed Forces.
(4) A discussion of the practice of the United States in
Operation Enduring Freedom and Operation Iraqi Freedom to
provide compensation, other monetary payments, or other
assistance to civilian foreign nationals who incur harm due
directly or indirectly to the combat activities of the United
States Armed Forces, including the procedures and guidelines
used and an assessment of its effectiveness. This discussion
will also include estimates of the total amount of funds
disbursed to civilian foreign nationals who have incurred harm
since the inception of Operation Iraqi Freedom and Operation
Enduring Freedom. This discussion will also include how such
procedures and guidelines compare to the processing of claims
filed under the Foreign Claims Act.
(5) A discussion of the positive and negative effects of
using different authorities, procedure, and guidelines to
provide monetary assistance to civilian foreign nationals,
based upon the culture and economic circumstances of the local
populace and the operational impact on the military mission.
This discussion will also include whether the use of different
authorities, procedures, and guidelines has resulted in
disparate monetary assistance to civilian foreign nationals who
have incurred substantially similar harm, and if so, the
frequency and effect of such results.
(6) A discussion of the positive and negative effects of
establishing general uniform procedures and guidelines for the
provision of such assistance, based upon the goals of timely
commencement of a program of monetary assistance, efficient and
effective implementation of such program, and consistency in
the amount of assistance in relation to the harm incurred. This
discussion will also include whether the implementation of
general procedures and guidelines would create a legally
enforceable entitlement to ``compensation'' and, if so, any
potential significant operational impact arising from such an
entitlement.
(7) Assuming general uniform procedures and guidelines were
to be established, a discussion of the following:
(A) Whether such assistance should be limited to
specified types of combat activities or operations,
e.g., such as during counterinsurgency operations.
(B) Whether such assistance should be contingent
upon a formal determination that a particular combat
activity/operation is a qualifying activity, and the
criteria, if any, for such a determination.
(C) Whether a time limit from the date of loss for
providing such assistance should be prescribed.
(D) Whether only monetary or other types of
assistance should be authorized, and what types of
nonmonetary assistance, if any, should be authorized.
(E) Whether monetary value limits should be placed
on the assistance that may be provided, or whether the
determination to provide assistance and, if so, the
monetary value of such assistance, should be based, in
whole or in part, on a legal advisor's assessment of
the facts.
(F) Whether a written record of the determination
to provide or to not provide such assistance should be
maintained and a copy made available to the civilian
foreign national.
(G) Whether in the event of a determination to not
provide such assistance the civilian foreign national
should be afforded the option of a review of the
determination by a higher ranking authority.
(c) Recommendations.--The Secretary shall include in the report
such recommendations as the Secretary considers appropriate for
legislative or administrative action with respect to the matters
discussed in the report.
(d) Submission of Report.--The report shall be submitted not later
than 180 days after the date of the enactment of this Act. The report
shall be submitted in unclassified form, but may include a classified
annex.
Subtitle D--VOICE Act
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Victims of Iranian Censorship
Act''or the ``VOICE Act''.
SEC. 1242. SENSE OF CONGRESS.
It is the sense of Congress that the United States--
(1) respects the sovereignty, proud history, and rich
culture of the Iranian people;
(2) respects the universal values of freedom of speech and
freedom of the press in Iran and throughout the world;
(3) supports the Iranian people as they take steps to
peacefully express their voices, opinions, and aspirations;
(4) supports the Iranian people seeking access to news and
other forms of information;
(5) condemns the detainment, imprisonment, and intimidation
of all journalists, in Iran and elsewhere throughout the world;
(6) supports journalists who take great risk to report on
political events in Iran, including those surrounding the
presidential election;
(7) supports the efforts the Voice of America's (VOA) 24-
hour television station Persian News Network, and Radio Free
Europe / Radio Liberty's (RFE/RL) Radio Farda 24-hour radio
station; British Broadcasting Corporation (BBC) Farsi language
programming; Radio Zamaneh; and other independent news outlets
to provide information to Iran;
(8) condemns acts of censorship, intimidation, and other
restrictions on freedom of the press, freedom of speech, and
freedom of expression in Iran and throughout the world;
(9) commends companies which have facilitated the ability
of the Iranian people to access and share information, and
exercise freedom of speech, freedom of expression, and freedom
of assembly through alternative technologies; and
(10) condemns companies which have knowingly impeded the
ability of the Iranian people to access and share information
and exercise freedom of speech, freedom of expression, and
freedom of assembly through electronic media, including through
the sale of technology that allows for deep packet inspection
or provides the capability to monitor or block Internet access,
and gather information about individuals.
SEC. 1243. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to support freedom of the press, freedom of speech,
freedom of expression, and freedom of assembly in Iran;
(2) to support the Iranian people as they seek, receive,
and impart information and promote ideas in writing, in print,
or through any media without interference;
(3) to discourage businesses from aiding efforts to
interfere with the ability of the people of Iran to freely
access or share information or otherwise infringe upon freedom
of speech, freedom of expression, freedom of assembly, and
freedom of the press through the Internet or other electronic
media, including through the sale of deep packet inspection or
other technology to the Government of Iran that provides the
capability to monitor or block Internet access, and gather
information about individuals; and
(4) to encourage the development of technologies, including
Internet Web sites that facilitate the efforts of the Iranian
people--
(A) to gain access to and share accurate
information and exercise freedom of speech, freedom of
expression, freedom of assembly, and freedom of the
press, through the Internet or other electronic media;
and
(B) engage in Internet-based education programs and
other exchanges between United States citizens and
Iranians.
SEC. 1244. AUTHORIZATION OF APPROPRIATIONS.
(a) International Broadcasting Operations Fund.--In addition to
amounts otherwise authorized for the Broadcasting Board of Governors'
International Broadcasting Operations Fund, there is authorized to be
appropriated $15,000,000 to expand Farsi language programming and to
provide for the dissemination of accurate and independent information
to the Iranian people through radio, television, Internet, cellular
telephone, short message service, and other communications.
(b) Broadcasting Capital Improvements Fund.--In addition to amounts
otherwise authorized for the Broadcasting Board of Governors'
Broadcasting Capital Improvements Fund, there is authorized to be
appropriated $15,000,000 to expand transmissions of Farsi language
programs to Iran.
(c) Use of Amounts.--In pursuit of the objectives described in
subsections (a) and (b), amounts in the International Broadcasting
Operations Fund and the Capital Improvements Fund may be used to--
(1) develop additional transmission capability for Radio
Farda and the Persian News Network to counter ongoing efforts
to jam transmissions, including through additional shortwave
and medium wave transmissions, satellite, and Internet
mechanisms;
(2) develop additional proxy server capability and anti-
censorship software to counter efforts to block Radio Farda and
Persian News Network Web sites;
(3) develop technologies to counter efforts to block SMS
text message exchange over cellular phone networks;
(4) expand program coverage and analysis by Radio Farda and
the Persian News Network, including the development of
broadcast platforms and programs, on the television, radio and
Internet, for enhanced interactivity with and among the people
of Iran;
(5) hire, on a permanent or short-term basis, additional
staff for Radio Farda and the Persian News Network; and
(6) develop additional Internet-based, Farsi-language
television programming, including a Farsi-language, Internet-
based news channel.
SEC. 1245. IRANIAN ELECTRONIC EDUCATION, EXCHANGE, AND MEDIA FUND.
(a) Establishment.--There is established in the Treasury of the
United States the Iranian Electronic Education, Exchange, and Media
Fund (referred to in this section as the ``Fund''), consisting of
amounts appropriated to the Fund pursuant to subsection (f).
(b) Administration.--The Fund shall be administered by the
Secretary of State.
(c) Objective.--The objective of the Fund shall be to support the
development of technologies, including Internet Web sites, that will
aid the ability of the Iranian people to--
(1) gain access to and share information;
(2) exercise freedom of speech, freedom of expression, and
freedom of assembly through the Internet and other electronic
media;
(3) engage in Internet-based education programs and other
exchanges between Americans and Iranians; and
(4) counter efforts--
(A) to block, censor, and monitor the Internet; and
(B) to disrupt or monitor cellular phone networks
or SMS text exchanges.
(d) Use of Amounts.--In pursuit of the objective described in
subsection (c), amounts in the Fund may be used for grants to United
States or foreign universities, nonprofit organizations, or companies
for targeted projects that advance the purpose of the Fund, including
projects that--
(1) develop Farsi-language versions of existing social-
networking Web sites;
(2) develop technologies, including Internet-based
applications, to counter efforts--
(A) to block, censor, and monitor the Internet; and
(B) to disrupt or monitor cellular phone networks
or SMS text message exchanges;
(3) develop Internet-based, distance learning programs for
Iranian students at United States universities; and
(4) promote Internet-based, people-to-people educational,
professional, religious, or cultural exchanges and dialogues
between United States citizens and Iranians.
(e) Transfers.--Amounts in the Fund may be transferred to the
United States Agency for International Development, the Broadcasting
Board of Governors, or any other agency of the Federal Government to
the extent that such amounts are used to carry out activities that will
further the objective described in subsection (c).
(f) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 to the Fund.
SEC. 1246. ANNUAL REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the
President shall submit a report to Congress that provides a detailed
description of--
(1) United States-funded international broadcasting efforts
in Iran;
(2) efforts by the Government of Iran to block broadcasts
sponsored by the United States or other non-Iranian entities;
(3) efforts by the Government of Iran to monitor or block
Internet access, and gather information about individuals;
(4) plans by the Broadcasting Board of Governors for the
use of the amounts appropriated pursuant to section 1244,
including--
(A) the identification of specific programs and
platforms to be expanded or created; and
(B) satellite, radio, or Internet-based
transmission capacity to be expanded or created;
(5) plans for the use of the Iranian Electronic Education,
Exchange, and Media Fund;
(6) a detailed breakdown of amounts obligated and disbursed
from the Iranian Electronic Media Fund and an assessment of the
impact of such amounts;
(7) the percentage of the Iranian population and of Iranian
territory reached by shortwave and medium-wave radio broadcasts
by Radio Farda and Voice of America;
(8) the Internet traffic from Iran to Radio Farda and Voice
of America Web sites; and
(9) the Internet traffic to proxy servers sponsored by the
Broadcasting Board of Governors, and the provisioning of surge
capacity.
(b) Classified Annex.--The report submitted under subsection (a)
may include a classified annex.
SEC. 1247. REPORT ON ACTIONS BY NON-IRANIAN COMPANIES.
(a) Study.--The President shall direct the appropriate officials to
examine claims that non-Iranian companies, including corporations with
United States subsidiaries, have provided hardware, software, or other
forms of assistance to the Government of Iran that has furthered its
efforts to--
(1) filter online political content;
(2) disrupt cell phone and Internet communications; and
(3) monitor the online activities of Iranian citizens.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit a report to Congress
that contains the results of the study conducted under subsection (a).
The report submitted under this subsection shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1248. HUMAN RIGHTS DOCUMENTATION.
There are authorized to be appropriated $5,000,000 to the Secretary
of State to document, collect, and disseminate information about human
rights in Iran, including abuses of human rights that have taken place
since the Iranian presidential election conducted on June 12, 2009.
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 $424,093,000 authorized
to be appropriated to the Department of Defense for fiscal year 2010 in
section 301(a)(20) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$73,385,000.
(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 states of the
former Soviet Union, $152,132,000.
(7) For chemical weapons destruction, $3,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$10,000,000.
(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 15 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. AUTHORITY TO ENTER INTO AGREEMENTS TO RECEIVE CONTRIBUTIONS
FOR BIOLOGICAL THREAT REDUCTION PROGRAM.
(a) In General.--The Secretary of Defense may, with the concurrence
of the Secretary of State, enter into one or more agreements with any
person (including a foreign government, international organization,
multinational entity, or any other entity) that the Secretary of
Defense considers appropriate under which the person contributes funds
for purposes of the Biological Threat Reduction Program of the
Department of Defense.
(b) Retention and Use of Amounts.--Notwithstanding section 3302 of
title 31, United States Code, and subject to subsections (c) and (d),
the Secretary of Defense may retain and obligate or expend amounts
contributed pursuant to subsection (a) for purposes of the Biological
Threat Reduction Program. Amounts so contributed shall be retained in a
separate fund established in the Treasury for that purpose and shall be
available to be obligated or expended without further appropriation.
(c) Return of Amounts Not Obligated or Expended Within Three
Years.--If the Secretary of Defense does not obligate or expend an
amount contributed pursuant to subsection (a) by the date that is three
years after the date on which the contribution was made, the Secretary
shall return the amount to the person who made the contribution.
(d) Notice to Congressional Defense Committees.--
(1) In general.--Not later than 30 days after receiving an
amount contributed pursuant to subsection (a), the Secretary
shall submit to the congressional defense committees a notice--
(A) specifying the value of the contribution and
the purpose for which the contribution was made; and
(B) identifying the person who made the
contribution.
(2) Limitation on use of amounts.--The Secretary may not
obligate or expend an amount contributed pursuant to subsection
(a) until the date that is 15 days after the date on which the
Secretary submits the notice required by paragraph (1).
(e) Annual Report.--Not later than October 31 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on amounts contributed pursuant to subsection (a)
during the preceding fiscal year. Each such report shall include, for
the fiscal year covered by the report, the following:
(1) A statement of any amounts contributed pursuant to
subsection (a), including, for each such amount, the value of
the contribution and the identity of the person who made the
contribution.
(2) A statement of any amounts so contributed that were
obligated or expended by the Secretary, including, for each
such amount, the purposes for which the amount was obligated or
expended.
(3) A statement of any amounts so contributed that were
retained but not obligated or expended, including, for each
such amount, the purposes (if known) for which the Secretary
intends to obligate or expend the amount.
(f) Termination.--The authority provided under this section shall
terminate on December 31, 2015.
SEC. 1304. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION PROGRAM
FUNDS FOR BILATERAL AND MULTILATERAL NONPROLIFERATION AND
DISARMAMENT ACTIVITIES.
(a) In General.--Notwithstanding any other provision of law and
subject to subsection (b), the Secretary of Defense may obligate or
expend not more than 10 percent of the funds authorized to be
appropriated or otherwise made available for Cooperative Threat
Reduction programs in a fiscal year to provide assistance for or to
otherwise carry out bilateral or multilateral activities relating to
nonproliferation or disarmament.
(b) Notification of Congressional Defense Committees.--The
Secretary may obligate or expend funds pursuant to subsection (a) if,
not less than 15 days before obligating or expending such funds--
(1) the Secretary notifies the congressional defense
committees of the intent of the Secretary to obligate or expend
such funds; and
(2) the President certifies to the congressional defense
committees that obligating or expending such funds is necessary
to support the national security objectives of the United
States.
TITLE XIV--OTHER AUTHORIZATIONS
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 fiscal year 2010
for the National Defense Sealift Fund in the amount of $1,242,758,000.
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 $27,913,863,000,
of which--
(1) $26,993,919,000 is for Operation and Maintenance;
(2) $597,802,000 is for Research, Development, Test, and
Evaluation; and
(3) $322,142,000 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 $1,077,784,000.
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 $288,444,000, of which--
(1) $286,444,000 is for Operation and Maintenance; and
(2) $2,000,000 is for Procurement.
SEC. 1407. FUNDING TABLE.
The amounts authorized to be appropriated by sections 1401, 1402,
1403, 1404, 1405, and 1406 shall be available, in accordance with the
requirements of section 4001, for projects, programs, and activities,
and in the amounts, specified in the funding table in section 4401.
Subtitle B--National Defense Stockpile
SEC. 1411. 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 further amended by striking ``during fiscal year 2009''
and inserting ``by the end of fiscal year 2011''.
SEC. 1412. AUTHORIZATION FOR ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE
SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL IN AMOUNTS NOT
IN EXCESS OF $80,000,000.
With respect to any action taken 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 ``$80,000,000'' for ``$50,000,000''.
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--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
funding for overseas contingency operations of the Department of
Defense in that fiscal year.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts for the Army in amounts as follows:
(1) For aircraft procurement, $1,636,229,000.
(2) For missile procurement, $531,570,000.
(3) For weapons and tracked combat vehicles procurement,
$759,466,000.
(4) For ammunition procurement, $370,635,000.
(5) For other procurement, $6,329,966,000.
(6) For the Joint Improvised Explosive Device Defeat Fund,
$2,099,850,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2010 for procurement accounts for the Navy in amounts as
follows:
(1) For aircraft procurement, $916,553,000.
(2) For weapons procurement, $73,700,000.
(3) For other procurement, $318,018,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2010 for the procurement account for the Marine Corps
in the amount of $1,164,445,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2010 for the procurement account for
ammunition for the Navy and the Marine Corps in the amount of
$710,780,000.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $896,441,000.
(2) For missile procurement, $36,625,000.
(3) For ammunition procurement, $256,819,000.
(4) For other procurement, $2,321,549,000.
SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the procurement account for Defense-wide activities as follows:
(1) For Defense-wide procurement, $491,430,000.
(2) For the Mine Resistant Ambush Protected Vehicle Fund,
$5,456,000,000.
SEC. 1506. 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, $115,826,000.
SEC. 1507. 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, $52,070,661,000.
(2) For the Navy, $5,650,733,000.
(3) For the Marine Corps, $3,701,600,000.
(4) For the Air Force, $10,026,868,000.
(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.
(12) For the Afghanistan Security Forces Fund,
$7,462,769,000.
(13) For the Iraq Freedom Fund, $115,300,000.
SEC. 1508. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal year 2010
for the Department of Defense for military personnel in the amount of
$13,586,341,000.
SEC. 1509. 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 the amount of $396,915,000, for the Defense Working
Capital Funds.
SEC. 1510. 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.
SEC. 1511. 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.
SEC. 1512. 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.
SEC. 1513. 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.
SEC. 1514. FUNDING TABLES.
(a) Amounts for Procurement.--The amounts authorized to be
appropriated by sections 1502, 1503, 1504, and 1505 shall be available,
in accordance with the requirements of section 4001, for projects,
programs, and activities, and in the amounts, specified in the funding
table in section 4102.
(b) Amounts for Research, Development, Test, and Evaluation.--The
amounts authorized to be appropriated by section 1506 shall be
available, in accordance with the requirements of section 4001, for
projects, programs, and activities, and in the amounts, specified in
the funding table in section 4202.
(c) Amounts for Operation and Maintenance.--The amounts authorized
to be appropriated by section 1507 shall be available, in accordance
with the requirements of section 4001, for projects, programs, and
activities, and in the amounts, specified in the funding table in
section 4302.
(d) Other Amounts.--The amounts authorized to be appropriated by
sections 1509, 1510, 1511, and 1512 shall be available, in accordance
with the requirements of section 4001, for projects, programs, and
activities, and in the amounts, specified in the funding table in
section 4402.
SEC. 1515. SPECIAL 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 title 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) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $4,500,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
SEC. 1516. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY
FORCES FUND.
Funds appropriated pursuant to the authorization of appropriations
for the Afghanistan Security Forces Fund in section 1507(12) 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. 1517. AVAILABILITY OF FUNDS IN PAKISTAN COUNTERINSURGENCY FUND.
(a) Availability.--
(1) In general.--Funds authorized to be appropriated for
the Department of State for fiscal year 2010 that are
transferred by the Secretary of State to the Secretary of
Defense during that fiscal year for the Pakistan
Counterinsurgency Fund shall be merged with amounts in the
Pakistan Counterinsurgency Fund and available subject to the
provisions of this section.
(2) Initial assessment required before use of funds.--Funds
available under this section may not be utilized until the
Secretary of Defense submits to the appropriate committees of
Congress a report setting forth an assessment by the Secretary
as to whether the Government of Pakistan is committed to
confronting the threat posed by Al Qaeda, the Taliban, and
other militant extremists based on a determination by the
Government of Pakistan that--
(A) these groups pose a threat to the national
interests of Pakistan; and
(B) confronting the threat posed by these groups is
critical to the national interests of Pakistan.
(b) Use of Funds.--
(1) In general.--Funds in the Pakistan Counterinsurgency
Fund pursuant to a transfer under subsection (a) shall be
available to the Secretary of Defense to provide assistance to
the security forces of Pakistan to build the counterinsurgency
capability of the Pakistan military forces and the Pakistan
Frontier Corps.
(2) Types of assistance.--Assistance provided under this
subsection may include the provision of equipment, supplies,
services, training, facility and infrastructure repair,
renovation, construction and funding.
(3) Urgent humanitarian relief and reconstruction.--In
addition to the assistance referred to in paragraph (2), up to
$4,000,000 of the funds in the Pakistan Counterinsurgency Fund
pursuant to a transfer described in subsection (a) may be used
for a program to respond to urgent humanitarian relief and
reconstruction requirements that will immediately assist
Pakistani people affected by military operations.
(c) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(d) Transfers Authority.--
(1) Transfers authorized.--Subject to paragraph (2), funds
in the Pakistan Counterinsurgency Fund pursuant to a transfer
described in subsection (a) may be transferred by the Secretary
of Defense from the Pakistan Counterinsurgency Fund to any of
the following accounts and funds of the Department of Defense
to accomplish the purposes specified in subsection (b):
(A) Operation and maintenance accounts.
(B) Procurement accounts.
(C) Research, development, test, and evaluation
accounts.
(D) Defense working capital funds.
(E) Overseas Humanitarian, Disaster, and Civic Aid
account.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer authority
available to the Department of Defense.
(3) 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.
(e) Prior Notice to Congress of Transfer.--Funds in the Pakistan
Counterinsurgency Fund pursuant to a transfer described in subsection
(a) may not be transferred under subsection (d)(1) from the Pakistan
Counterinsurgency Fund until 15 days after the date on which the
Secretary of Defense notifies the appropriate committees of Congress in
writing of the details of the proposed transfer.
(f) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter of fiscal years 2010 and 2011, the Secretary
of Defense shall submit to the appropriate committees of Congress a
report summarizing the details of any obligation or transfer of funds
from the Pakistan Counterinsurgency Fund under this section during such
fiscal-year quarter.
(g) Duration of Authority.--Amounts transferred to the Pakistan
Counterinsurgency Fund as described in subsection (a) are available for
obligation or transfer from the Pakistan Counterinsurgency Fund in
accordance with this section until September 30, 2011.
(h) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
Passed the Senate July 23, 2009.
Attest:
Secretary.
111th CONGRESS
1st Session
S. 1391
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2010 for military
activities of the Department of Defense, to prescribe military
personnel strengths for such fiscal year, and for other purposes.