[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
123 STAT. 2190
Public Law 111-84
111th Congress
An Act
To authorize appropriations for fiscal year 2010 for military activities
of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <>
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 ``National Defense Authorization Act
for Fiscal Year 2010''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding tables.
(5) Division E--Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 107. Relation to funding table.
Subtitle B--Army Programs
Sec. 111. Procurement of Future Combat Systems spin out early-infantry
brigade combat team equipment.
Subtitle C--Navy Programs
Sec. 121. Littoral Combat Ship program.
Sec. 122. Treatment of Littoral Combat Ship program as a major defense
acquisition program.
Sec. 123. Report on strategic plan for homeporting the Littoral Combat
Ship.
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123 STAT. 2191
Sec. 124. Advance procurement funding.
Sec. 125. Procurement programs for future naval surface combatants.
Sec. 126. Ford-class aircraft carrier report.
Sec. 127. Report on a service life extension program for Oliver Hazard
Perry class frigates.
Sec. 128. Conditional multiyear procurement authority for F/A-18E, F/A-
18F, or EA-18G aircraft.
Subtitle D--Air Force Programs
Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.
Sec. 132. Revised availability of certain funds available for the F-22A
fighter aircraft.
Sec. 133. Preservation and storage of unique tooling for F-22 fighter
aircraft.
Sec. 134. AC-130 gunships.
Sec. 135. Report on E-8C Joint Surveillance and Target Attack Radar
System re-engining.
Sec. 136. Repeal of requirement to maintain certain retired C-130E
aircraft.
Sec. 137. Limitation on retirement of C-5 aircraft.
Sec. 138. Reports on strategic airlift aircraft.
Sec. 139. Strategic airlift force structure.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.
Sec. 143. Modification of nature of data link for use by tactical
unmanned aerial vehicles.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Relation to funding table.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Extension and enhancement of Global Research Watch Program.
Sec. 212. Permanent authority for the Joint Defense Manufacturing
Technology Panel.
Sec. 213. Elimination of report requirements regarding Defense Science
and Technology Program.
Sec. 214. Authorization for the Secretary of the Navy to purchase
infrastructure and Government purpose rights license
associated with the Navy-Marine Corps intranet.
Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission
Submersible program.
Sec. 216. Separate program elements required for research and
development of individual body armor and associated
components.
Sec. 217. Separate procurement and research, development, test, and
evaluation line items and program elements for the F-35B and
F-35C joint strike fighter aircraft.
Sec. 218. Restriction on obligation of funds for Army tactical ground
network program pending receipt of report.
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer
capabilities for the Army.
Sec. 220. Guidance on budget justification materials describing funding
requested for operation, sustainment, modernization, and
personnel of major ranges and test facilities.
Sec. 221. Assessment of technological maturity and integration risk of
Army modernization programs.
Sec. 222. Assessment of activities for technology modernization of the
combat vehicle and armored tactical wheeled vehicle fleets.
Subtitle C--Missile Defense Programs
Sec. 231. Sense of Congress on ballistic missile defense.
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense
element of the Ballistic Missile Defense System.
Sec. 233. Continued production of Ground-based Interceptor missile and
operation of Missile Field 1 at Fort Greely, Alaska.
Sec. 234. Limitation on availability of funds for acquisition or
deployment of missile defenses in Europe.
Sec. 235. Authorization of funds for development and deployment of
alternative missile defense systems in Europe.
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123 STAT. 2192
Sec. 236. Comprehensive plan for test and evaluation of the ballistic
missile defense system.
Sec. 237. Study on discrimination capabilities of ballistic missile
defense system.
Sec. 238. Ascent phase missile defense strategy and plan.
Sec. 239. Extension of deadline for study on boost-phase missile
defense.
Subtitle D--Reports
Sec. 241. Repeal of requirement for biennial joint warfighting science
and technology plan.
Sec. 242. Modification of reporting requirement for defense
nanotechnology research and development program.
Sec. 243. Comptroller General assessment of coordination of energy
storage device requirements, purchases, and investments.
Sec. 244. Annual Comptroller General report on the F-35 Lightning II
aircraft acquisition program.
Sec. 245. Report on integration of Department of Defense intelligence,
surveillance, and reconnaissance capabilities.
Sec. 246. Report on future research and development of man-portable and
vehicle-mounted guided missile systems.
Sec. 247. Report on the development of command and control systems.
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.
Subtitle E--Other Matters
Sec. 251. Enhancement of duties of Director of Department of Defense
Test Resource Management Center with respect to the Major
Range and Test Facility Base.
Sec. 252. Establishment of program to enhance participation of
historically black colleges and universities and minority-
serving institutions in defense research programs.
Sec. 253. Extension of authority to award prizes for advanced technology
achievements.
Sec. 254. Authority for National Aeronautics and Space Administration
federally funded research and development centers to
participate in merit-based technology research and
development programs.
Sec. 255. Next generation bomber aircraft.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Relation to funding table.
Subtitle B--Environmental Provisions
Sec. 311. Clarification of requirement for use of available funds for
Department of Defense participation in conservation banking
programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into
interagency agreements for land management on Department of
Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species
management for military installations in Guam.
Sec. 315. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Former Nansemond Ordnance Depot
Site, Suffolk, Virginia.
Sec. 316. Procurement and use of munitions.
Sec. 317. Prohibition on disposing of waste in open-air burn pits.
Sec. 318. Military munitions response sites.
Subtitle C--Workplace and Depot Issues
Sec. 321. Public-private competition required before conversion of any
Department of Defense function performed by civilian
employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions.
Sec. 323. Policy regarding installation of major modifications and
upgrades.
Sec. 324. Modification of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 325. Temporary suspension of public-private competitions for
conversion of Department of Defense functions to performance
by a contractor.
Sec. 326. Requirement for debriefings related to conversion of functions
from performance by Federal employees to performance by a
contractor.
Sec. 327. Amendments to bid protest procedures by Federal employees and
agency officials in conversions of functions from performance
by Federal employees to performance by a contractor.
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123 STAT. 2193
Sec. 328. Improvement of inventory management practices.
Sec. 329. Modification of date for submittal to Congress of annual
report on funding for public and private performance of
depot-level maintenance and repair workloads.
Subtitle D--Energy Security
Sec. 331. Authorization of appropriations for Director of Operational
Energy.
Sec. 332. Extension and expansion of reporting requirements regarding
Department of Defense energy efficiency programs.
Sec. 333. Report on implementation of Comptroller General
recommendations on fuel demand management at forward-deployed
locations.
Sec. 334. Report on use of renewable fuels to meet energy requirements
of Department of Defense.
Sec. 335. Energy security on Department of Defense installations.
Subtitle E--Reports
Sec. 341. Annual report on procurement of military working dogs.
Sec. 342. Plan for managing vegetative encroachment at training ranges.
Sec. 343. Comptroller General report on the sustainment strategy for the
AV-8B Harrier aircraft.
Sec. 344. Study on Army modularity.
Subtitle F--Other Matters
Sec. 351. Authority for airlift transportation at Department of Defense
rates for non-Department of Defense Federal cargoes.
Sec. 352. Policy on ground combat and camouflage utility uniforms.
Sec. 353. Condition-based maintenance demonstration programs.
Sec. 354. Extension of arsenal support program initiative.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army active-duty end
strengths for fiscal years 2011 and 2012.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Submittal of options for creation of Trainees, Transients,
Holdees, and Students account for the Army National Guard.
Sec. 417. Report on requirements of the National Guard for non-dual
status technicians.
Sec. 418. Expansion of authority of Secretaries of the military
departments to increase certain end strengths to include
Selected Reserve end strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Repeal of delayed one-time shift of military retirement
payments.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of
Staff.
Sec. 502. Modification of limitations on general and flag officers on
active duty.
Sec. 503. Revisions to annual reporting requirement on joint officer
management.
Sec. 504. Extension of temporary increase in maximum number of days
leave members may accumulate and carryover.
Sec. 505. Computation of retirement eligibility for enlisted members of
the Navy who complete the Seaman to Admiral (STA-21) officer
candidate program.
Sec. 506. Independent review of judge advocate requirements of the
Department of the Navy.
Subtitle B--General Service Authorities
Sec. 511. Continuation on active duty of reserve component members
during physical disability evaluation following mobilization
and deployment.
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123 STAT. 2194
Sec. 512. Medical examination required before administrative separation
of members diagnosed with or reasonably asserting post-
traumatic stress disorder or traumatic brain injury.
Sec. 513. Legal assistance for additional reserve component members.
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization
training for Reserve units when certain suspension of
training is likely.
Sec. 515. Evaluation of test of utility of test preparation guides and
education programs in improving qualifications of recruits
for the Armed Forces.
Sec. 516. Report on presence in the Armed Forces of members associated
or affiliated with groups engaged in prohibited activities.
Subtitle C--Education and Training
Sec. 521. Detail of commissioned officers as students at schools of
psychology.
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army
Reserve Officers' Training Corps at military junior colleges
as cadets in Army Reserve or Army National Guard of the
United States.
Sec. 523. Expansion of criteria for appointment as member of the Board
of Regents of the Uniformed Services University of the Health
Sciences.
Sec. 524. Use of Armed Forces Health Professions Scholarship and
Financial Assistance program to increase number of health
professionals with skills to assist in providing mental
health care.
Sec. 525. Department of Defense undergraduate nurse training program.
Sec. 526. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 527. Appointments to military service academies from nominations
made by Delegate from the Commonwealth of the Northern
Mariana Islands.
Sec. 528. Athletic association for the Air Force Academy.
Sec. 529. Language training centers for members of the Armed Forces and
civilian employees of the Department of Defense.
Subtitle D--Defense Dependents' Education
Sec. 531. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 532. Impact aid for children with severe disabilities.
Sec. 533. Two-year extension of authority for assistance to local
educational agencies with enrollment changes due to base
closures, force structure changes, or force relocations.
Sec. 534. Authority to extend eligibility for enrollment in Department
of Defense elementary and secondary schools to certain
additional categories of dependents.
Sec. 535. Permanent authority for enrollment in defense dependents'
education system of dependents of foreign military members
assigned to Supreme Headquarters Allied Powers, Europe.
Sec. 536. Determination of number of weighted student units for local
educational agencies for receipt of basic support payments
under impact aid.
Sec. 537. Study on options for educational opportunities for dependent
children of members of the Armed Forces when public schools
attended by such children are determined to need improvement.
Sec. 538. Comptroller General audit of assistance to local educational
agencies for dependent children of members of the Armed
Forces.
Sec. 539. Sense of Congress on the Interstate Compact on Educational
Opportunity for Military Children.
Subtitle E--Missing or Deceased Persons
Sec. 541. Additional requirements for accounting for members of the
Armed Forces and Department of Defense civilian employees
listed as missing in conflicts occurring before enactment of
new system for accounting for missing persons.
Sec. 542. Policy and procedures on media access and attendance by family
members at ceremonies for the dignified transfer of remains
of members of the Armed Forces who die overseas.
Sec. 543. Report on expansion of authority of a member to designate
persons to direct disposition of the remains of a deceased
member.
Sec. 544. Sense of Congress on the recovery of the remains of members of
the Armed Forces who were killed during World War II in the
battle of Tarawa Atoll.
Subtitle F--Decorations and Awards
Sec. 551. Authorization and request for award of Medal of Honor to
Anthony T. Kaho'ohanohano for acts of valor during the Korean
War.
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123 STAT. 2195
Sec. 552. Authorization and request for award of Distinguished-Service
Cross to Jack T. Stewart for acts of valor during the Vietnam
War.
Sec. 553. Authorization and request for award of Distinguished-Service
Cross to William T. Miles, Jr., for acts of valor during the
Korean War.
Subtitle G--Military Family Readiness Matters
Sec. 561. Establishment of online resources to provide information about
benefits and services available to members of the Armed
Forces and their families.
Sec. 562. Additional members on Department of Defense Military Family
Readiness Council.
Sec. 563. Support for military families with special needs.
Sec. 564. Pilot program to secure internships for military spouses with
Federal agencies.
Sec. 565. Family and medical leave for family of servicemembers.
Sec. 566. Deadline for report on sexual assault in the Armed Forces by
Defense Task Force on Sexual Assault in the Military
Services.
Sec. 567. Improved prevention and response to allegations of sexual
assault involving members of the Armed Forces.
Sec. 568. Comptroller General report on progress made in implementing
recommendations to reduce domestic violence in military
families.
Sec. 569. Report on impact of domestic violence on military families.
Sec. 570. Report on international intrafamilial abduction of children of
members of the Armed Forces.
Sec. 571. Assessment of impact of deployment of members of the Armed
Forces on their dependent children.
Sec. 572. Report on child custody litigation involving service of
members of the Armed Forces.
Sec. 573. Comptroller General report on child care assistance for
members of the Armed Forces.
Subtitle H--Military Voting
Sec. 575. Short title.
Sec. 576. Clarification regarding delegation of State responsibilities
to local jurisdictions.
Sec. 577. Establishment of procedures for absent uniformed services
voters and overseas voters to request and for States to send
voter registration applications and absentee ballot
applications by mail and electronically.
Sec. 578. Establishment of procedures for States to transmit blank
absentee ballots by mail and electronically to absent
uniformed services voters and overseas voters.
Sec. 579. Ensuring absent uniformed services voters and overseas voters
have time to vote.
Sec. 580. Procedures for collection and delivery of marked absentee
ballots of absent overseas uniformed services voters.
Sec. 581. Federal write-in absentee ballot.
Sec. 582. Prohibiting refusal to accept voter registration and absentee
ballot applications, marked absentee ballots, and Federal
write-in absentee ballots for failure to meet certain
requirements.
Sec. 583. Federal Voting Assistance Program Improvements.
Sec. 584. Development of standards for reporting and storing certain
data.
Sec. 585. Repeal of provisions relating to use of single application for
all subsequent elections.
Sec. 586. Reporting requirements.
Sec. 587. Annual report on enforcement.
Sec. 588. Requirements payments.
Sec. 589. Technology pilot program.
Subtitle I--Other Matters
Sec. 591. Clarification of performance policies for military musical
units and musicians.
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.
Sec. 593. Modification of matching fund requirements under National
Guard Youth Challenge Program.
Sec. 594. Expansion of Military Leadership Diversity Commission to
include reserve component representatives.
Sec. 595. Expansion of suicide prevention and community healing and
response training under the Yellow Ribbon Reintegration
Program.
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of
substance use disorders and disposition of substance abuse
offenders in the Armed Forces.
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123 STAT. 2196
Sec. 597. Reports on Yellow Ribbon Reintegration Program and other
reintegration programs.
Sec. 598. Reports on progress in completion of certain incident
information management tools.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Increase in maximum monthly amount of supplemental subsistence
allowance for low-income members with dependents.
Sec. 603. Special compensation for members of the uniformed services
with catastrophic injuries or illnesses requiring assistance
in everyday living.
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence
program for certain periods before implementation of program.
Sec. 605. Report on housing standards and housing surveys used to
determine basic allowance for housing.
Sec. 606. Comptroller General comparative assessment of military and
private-sector pay and benefits.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Sec. 617. Technical corrections and conforming amendments to reconcile
conflicting amendments regarding continued payment of bonuses
and similar benefits for certain members.
Sec. 618. Proration of certain special and incentive pays to reflect
time during which a member satisfies eligibility requirements
for the special or incentive pay.
Sec. 619. Additional assignment pay or special duty pay authorized for
members agreeing to serve in Afghanistan for extended
periods.
Sec. 620. Temporary authority for monthly special pay for members of the
Armed Forces subject to continuing active duty or service
under stop-loss authorities.
Sec. 621. Army authority to provide additional recruitment incentives.
Sec. 622. Report on recruitment and retention of members of the Air
Force in nuclear career fields.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation for survivors of deceased members of
the uniformed services to attend memorial ceremonies.
Sec. 632. Travel and transportation allowances for designated
individuals of wounded, ill, or injured members of the
uniformed services for duration of inpatient treatment.
Sec. 633. Authorized travel and transportation allowances for non-
medical attendants for very seriously and seriously wounded,
ill, or injured members.
Sec. 634. Reimbursement of travel expenses of members of the Armed
Forces on active duty and their dependents for travel for
specialty care under exceptional circumstances.
Sec. 635. Report on adequacy of weight allowances for transportation of
baggage and household effects for members of the uniformed
services.
Subtitle D--Disability, Retired Pay, and Survivor Benefits
Sec. 641. Transition assistance for reserve component members injured
while on active duty.
Sec. 642. Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service after retirement.
Sec. 643. Election to receive retired pay for non-regular service upon
retirement for service in an active reserve status performed
after attaining eligibility for regular retirement.
Sec. 644. Report on re-determination process for permanently
incapacitated dependents of retired and deceased members of
the Armed Forces.
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123 STAT. 2197
Sec. 645. Treatment as active service for retired pay purposes of
service as member of Alaska Territorial Guard during World
War II.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 651. Limitation on Department of Defense entities offering personal
information services to members and their dependents.
Sec. 652. Report on impact of purchasing from local distributors all
alcoholic beverages for resale on military installations on
Guam.
Subtitle F--Other Matters
Sec. 661. Limitations on collection of overpayments of pay and
allowances erroneously paid to members.
Sec. 662. Sense of Congress on airfares for members of the Armed Forces.
Sec. 663. Sense of Congress on establishment of flexible spending
arrangements for the uniformed services.
Sec. 664. Sense of Congress regarding support for compensation,
retirement, and other military personnel programs.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 702. Health care for members of the reserve components.
Sec. 703. Enhancement of transitional dental care for members of the
reserve components on active duty for more than 30 days in
support of a contingency operation.
Sec. 704. Expansion of survivor eligibility under TRICARE dental
program.
Sec. 705. TRICARE Standard coverage for certain members of the Retired
Reserve who are qualified for a non-regular retirement but
are not yet age 60.
Sec. 706. Constructive eligibility for TRICARE benefits of certain
persons otherwise ineligible under retroactive determination
of entitlement to Medicare part A hospital insurance
benefits.
Sec. 707. Notification of certain individuals regarding options for
enrollment under Medicare part B.
Sec. 708. Mental health assessments for members of the Armed Forces
deployed in connection with a contingency operation.
Sec. 709. Temporary TRICARE inpatient fee modification.
Subtitle B--Health Care Administration
Sec. 711. Comprehensive policy on pain management by the military health
care system.
Sec. 712. Administration and prescription of psychotropic medications
for members of the Armed Forces before and during deployment.
Sec. 713. Cooperative health care agreements between military
installations and non-military health care systems.
Sec. 714. Plan to increase the mental health capabilities of the
Department of Defense.
Sec. 715. Department of Defense study on management of medications for
physically and psychologically wounded members of the Armed
Forces.
Sec. 716. Limitation on obligation of funds under defense health program
information technology programs.
Subtitle C--Other Matters
Sec. 721. Study and plan to improve military health care.
Sec. 722. Study, plan, and pilot for the mental health care needs of
dependent children of members of the Armed Forces.
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members
and former members of the Armed Forces.
Sec. 724. Department of Defense Task Force on the Care, Management, and
Transition of Recovering Wounded, Ill, and Injured Members of
the Armed Forces.
Sec. 725. Chiropractic clinical trials.
Sec. 726. Independent study on post-traumatic stress disorder efforts.
Sec. 727. Report on implementation of requirements on the relationship
between the TRICARE program and employer-sponsored group
health plans.
Sec. 728. Report on stipends for members of reserve components for
health care for certain dependents.
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123 STAT. 2198
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Temporary authority to acquire products and services produced
in countries along a major route of supply to Afghanistan;
report.
Sec. 802. Assessment of improvements in service contracting.
Sec. 803. Display of annual budget requirements for procurement of
contract services and related clarifying technical
amendments.
Sec. 804. Implementation of new acquisition process for information
technology systems.
Sec. 805. Life-cycle management and product support.
Sec. 806. Treatment of non-defense agency procurements under joint
programs with intelligence community.
Sec. 807. Policy and requirements to ensure the safety of facilities,
infrastructure, and equipment for military operations.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitation
Sec. 811. Justification and approval of sole-source contracts.
Sec. 812. Revision of Defense Supplement relating to payment of costs
prior to definitization.
Sec. 813. Revisions to definitions relating to contracts in Iraq and
Afghanistan.
Sec. 814. Amendment to notification requirements for awards of single
source task or delivery orders.
Sec. 815. Clarification of uniform suspension and debarment requirement.
Sec. 816. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 817. Reporting requirements for programs that qualify as both major
automated information system programs and major defense
acquisition programs.
Sec. 818. Small arms production industrial base matters.
Sec. 819. Contract authority for advanced component development or
prototype units.
Sec. 820. Publication of notification of bundling of contracts of the
Department of Defense.
Subtitle C--Contractor Matters
Sec. 821. Authority for Government support contractors to have access to
technical data belonging to prime contractors.
Sec. 822. Extension and enhancement of authorities on the Commission on
Wartime Contracting in Iraq and Afghanistan.
Sec. 823. Authority for Secretary of Defense to reduce or deny award
fees to companies found to jeopardize health or safety of
Government personnel.
Subtitle D--Acquisition Workforce Matters
Sec. 831. Enhancement of expedited hiring authority for defense
acquisition workforce positions.
Sec. 832. Funding of Department of Defense Acquisition Workforce
Development Fund.
Sec. 833. Review of post-employment restrictions applicable to the
Department of Defense.
Sec. 834. Review of Federal acquisition workforce training and hiring.
Subtitle E--Other Matters
Sec. 841. Reports to Congress on full deployment decisions for major
automated information system programs.
Sec. 842. Authorization to take actions to correct the industrial
resource shortfall for high-purity beryllium metal.
Sec. 843. Report on rare earth materials in the defense supply chain.
Sec. 844. Comptroller General report on structure and management of
subcontractors under contracts for major weapon systems.
Sec. 845. Study of the use of factors other than cost or price as the
predominate factors in evaluating competitive proposals for
defense procurement contracts.
Sec. 846. Repeal of requirements relating to the military system
essential item breakout list.
Sec. 847. Extension of SBIR and STTR programs of the Department of
Defense.
Sec. 848. Extension of authority for small business innovation research
Commercialization Pilot Program.
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123 STAT. 2199
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Authority to allow private sector civilians to receive
instruction at Defense Cyber Investigations Training Academy
of the Defense Cyber Crime Center.
Sec. 902. Organizational structure of the Office of the Assistant
Secretary of Defense for Health Affairs and the TRICARE
Management Activity.
Sec. 903. Sense of Congress regarding the Director of Operational Energy
Plans and Programs.
Sec. 904. Increased flexibility for combatant commander initiative fund.
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense
for Technology Security Policy within the Office of the Under
Secretary of Defense for Policy.
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries
of Defense.
Subtitle B--Space Activities
Sec. 911. Submission and review of space science and technology
strategy.
Sec. 912. Provision of space situational awareness services and
information to non-United States Government entities.
Sec. 913. Management and funding strategy and implementation plan for
the National Polar-Orbiting Operational Environmental
Satellite System Program.
Subtitle C--Intelligence-Related Matters
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use
proceeds from counterintelligence operations.
Sec. 922. Plan to address foreign ballistic missile intelligence
analysis.
Subtitle D--Other Matters
Sec. 931. Implementation strategy for developing leap-ahead cyber
operations capabilities.
Sec. 932. Defense integrated military human resources system development
and transition.
Sec. 933. Report on special operations command organization, manning,
and management.
Sec. 934. Study on the recruitment, retention, and career progression of
uniformed and civilian military cyber operations personnel.
Sec. 935. Plan on access to national airspace for unmanned aircraft
systems.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Relationship of the quadrennial defense review and the annual
budget request.
Sec. 1003. Audit readiness of financial statements of the Department of
Defense.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
Sec. 1012. Joint task forces support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Border coordination centers in Afghanistan and Pakistan.
Sec. 1016. Comptroller General report on effectiveness of accountability
measures for assistance from counter-narcotics central
transfer account.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy.
Sec. 1022. Designation of U.S.S. Constitution as America's Ship of
State.
Sec. 1023. Temporary reduction in minimum number of operational aircraft
carriers.
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR-
1.
Subtitle D--Miscellaneous Requirements, Authorities, and Limitations
Sec. 1031. Prohibition relating to propaganda.
Sec. 1032. Responsibility for preparation of biennial global positioning
system report.
[[Page 2200]]
123 STAT. 2200
Sec. 1033. Reports on bandwidth requirements for major defense
acquisition programs and major system acquisition programs.
Sec. 1034. Additional duties for advisory panel on Department of Defense
capabilities for support of civil authorities after certain
incidents.
Sec. 1035. Charter for the National Reconnaissance Office.
Sec. 1036. National strategic five-year plan for improving the nuclear
forensic and attribution capabilities of the United States.
Sec. 1037. Authorization of appropriations for payments to Portuguese
nationals employed by the Department of Defense.
Sec. 1038. Prohibition on interrogation of detainees by contractor
personnel.
Sec. 1039. Notification and access of International Committee of the Red
Cross with respect to detainees at Theater Internment
Facility at Bagram Air Base, Afghanistan.
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists.
Sec. 1041. Limitation on use of funds for the transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1042. Additional subpoena authority for the Inspector General of
the Department of Defense.
Sec. 1043. Limitations on modifications of certain Government furnished
equipment; one-time authority to transfer certain military
prototype.
Subtitle E--Studies and Reports
Sec. 1051. Report on statutory compliance of the report on the 2009
quadrennial defense review.
Sec. 1052. Report on the force structure findings of the 2009
quadrennial defense review.
Sec. 1053. Annual report on the electronic warfare strategy of the
Department of Defense.
Sec. 1054. Study on a system for career development and management of
interagency national security professionals.
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear
weapons and related programs in non-nuclear-weapons states
and countries not parties to the Nuclear Non-Proliferation
Treaty, and certain foreign persons.
Sec. 1056. Comptroller General review of Department of Defense spending
in final fiscal quarters.
Sec. 1057. Report on Air America.
Sec. 1058. Report on defense travel simplification.
Sec. 1059. Report on modeling and simulation technological and
industrial base.
Sec. 1060. Report on enabling capabilities for special operations
forces.
Sec. 1061. Additional members and duties for the independent panel to
assess the quadrennial defense review.
Sec. 1062. Congressional earmarks relating to the Department of Defense.
Sec. 1063. Report on basing plans for certain United States geographic
combatant commands.
Subtitle F--Other Matters
Sec. 1071. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1072. Business process reengineering.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Extension of sunset for congressional commission on the
strategic posture of the United States.
Sec. 1075. Combat air forces restructuring.
Sec. 1076. Sense of Congress regarding carrier air wing force structure.
Sec. 1077. Department of Veterans Affairs use of service dogs for the
treatment or rehabilitation of veterans with physical or
mental injuries or disabilities.
Sec. 1078. Plan for sustainment of land-based solid rocket motor
industrial base.
Sec. 1079. Justice for victims of torture and terrorism.
Sec. 1080. Requirement for videotaping or otherwise electronically
recording strategic intelligence interrogations of persons in
the custody of or under the effective control of the
Department of Defense.
Sec. 1081. Modification of pilot program on commercial fee-for-service
air refueling support for the air force.
Sec. 1082. Multiyear contracts under pilot program on commercial fee-
for-service air refueling support for the Air Force.
Sec. 1083. Disclosure of names of students and instructors at Western
Hemisphere Institute for Security Cooperation.
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute
for Security Cooperation.
[[Page 2201]]
123 STAT. 2201
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel
Sec. 1101. Authority to employ individuals completing the National
Security Education Program.
Sec. 1102. Authority for employment by Department of Defense of
individuals who have successfully completed the requirements
of the science, mathematics, and research for transformation
(SMART) defense scholarship program.
Sec. 1103. Authority for the employment of individuals who have
successfully completed the Department of Defense information
assurance scholarship program.
Sec. 1104. Extension and modification of experimental personnel
management program for scientific and technical personnel.
Sec. 1105. Modification to Department of Defense laboratory personnel
authority.
Sec. 1106. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1107. Extension of certain benefits to Federal civilian employees
on official duty in Pakistan.
Sec. 1108. Requirement for Department of Defense strategic workforce
plans.
Sec. 1109. Adjustments to limitations on personnel and requirement for
annual manpower reporting.
Sec. 1110. Pilot program for the temporary exchange of information
technology personnel.
Sec. 1111. Availability of funds for compensation of certain civilian
employees of the Department of Defense.
Sec. 1112. Department of defense civilian leadership program.
Sec. 1113. Provisions relating to the National Security Personnel
System.
Sec. 1114. Provisions relating to the Defense Civilian Intelligence
Personnel System.
Subtitle B--Provisions Relating to Reemployment of Annuitants
Sec. 1121. Authority to expand scope of provisions relating to unreduced
compensation for certain reemployed annuitants.
Sec. 1122. Part-time reemployment.
Sec. 1123. Government Accountability Office report.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. One-year extension of authority for security and
stabilization assistance.
Sec. 1202. Expansion of authority and modification of notification and
reporting requirements for use of authority for support of
special operations to combat terrorism.
Sec. 1203. Modification of report on foreign-assistance related
programs carried out by the Department of Defense.
Sec. 1204. Report on authorities to build the capacity of foreign
military forces and related matters.
Sec. 1205. Authority to provide administrative services and support to
coalition liaison officers of certain foreign nations
assigned to United States Joint Forces Command.
Sec. 1206. Modification of authorities relating to program to build the
capacity of foreign military forces.
Sec. 1207. Authority for non-reciprocal exchanges of defense personnel
between the United States and foreign countries.
Sec. 1208. Report on alternatives to use of acquisition and cross-
servicing agreements to lend military equipment for personnel
protection and survivability.
Sec. 1209. Enhancing Iraqi security through defense cooperation between
the United States and Iraq.
Sec. 1210. Availability of appropriated funds for the State Partnership
Program.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1221. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1222. One-year extension and expansion of Commanders' Emergency
Response Program.
Sec. 1223. Modification of authority for reimbursement of certain
coalition nations for support provided to United States
military operations.
Sec. 1224. Pakistan Counterinsurgency Fund.
[[Page 2202]]
123 STAT. 2202
Sec. 1225. Program to provide for the registration and end-use
monitoring of defense articles and defense services
transferred to Afghanistan and Pakistan.
Sec. 1226. Reports on campaign plans for Iraq and Afghanistan.
Sec. 1227. Report on responsible redeployment of United States Armed
Forces from Iraq.
Sec. 1228. Report on community-based security programs in Afghanistan.
Sec. 1229. Updates of report on command and control structure for
military forces operating in Afghanistan.
Sec. 1230. Report on feasibility and desirability of establishing
general uniform procedures and guidelines for the provision
of monetary assistance by the United States to civilian
foreign nationals for losses incident to combat activities of
the armed forces.
Sec. 1231. Assessment and report on United States-Pakistan military
relations and cooperation.
Sec. 1232. Report on progress toward security and stability in
Pakistan.
Sec. 1233. Repeal of GAO war-related reporting requirement.
Sec. 1234. Authority to transfer defense articles and provide defense
services to the military and security forces of Iraq and
Afghanistan.
Sec. 1235. Analysis of required force levels and types of forces needed
to secure southern and eastern regions of Afghanistan.
Sec. 1236. Modification of report on progress toward security and
stability in Afghanistan.
Sec. 1237. No permanent military bases in Afghanistan.
Subtitle C--Other Matters
Sec. 1241. Report on United States engagement with Iran.
Sec. 1242. Annual counterterrorism status reports.
Sec. 1243. Report on United States contributions to the United Nations.
Sec. 1244. NATO Special Operations Coordination Center.
Sec. 1245. Annual report on military power of Iran.
Sec. 1246. Annual report on military and security developments
involving the People's Republic of China.
Sec. 1247. Report on impacts of drawdown authorities on the Department
of Defense.
Sec. 1248. Risk assessment of United States space export control
policy.
Sec. 1249. Patriot air and missile defense battery in Poland.
Sec. 1250. Report on potential foreign military sales of the F-22A
fighter aircraft.
Sec. 1251. Report on the plan for the nuclear weapons stockpile,
nuclear weapons complex, and delivery platforms and sense of
Congress on follow-on negotiations to START Treaty.
Sec. 1252. Map of mineral-rich zones and areas under the control of
armed groups in the Democratic Republic of the Congo.
Sec. 1253. Sense of Congress relating to Israel.
Sec. 1254. Sense of Congress on imposing sanctions with respect to
Iran.
Sec. 1255. Report and sense of Congress on North Korea.
Sec. 1256. Report on potential missile defense cooperation with Russia.
Subtitle D--VOICE Act
Sec. 1261. Short title.
Sec. 1262. Authorization of appropriations.
Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund.
Sec. 1264. Annual report.
Sec. 1265. Report on actions by non-Iranian companies.
Sec. 1266. Human rights documentation.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Utilization of contributions to the Cooperative Threat
Reduction Program.
Sec. 1304. Metrics for the Cooperative Threat Reduction Program.
Sec. 1305. Cooperative Threat Reduction Program authority for urgent
threat reduction activities.
Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts
Program.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
[[Page 2203]]
123 STAT. 2203
Sec. 1403. Chemical agents and munitions destruction, defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Sec. 1407. Relation to funding table.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Extension of previously authorized disposal of cobalt from
National Defense Stockpile.
Sec. 1413. Report on implementation of reconfiguration of the National
Defense Stockpile.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1507. Defense-wide activities procurement.
Sec. 1508. Research, development, test, and evaluation.
Sec. 1509. Operation and maintenance.
Sec. 1510. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1511. Limitations on Iraq Security Forces Fund.
Sec. 1512. Military personnel.
Sec. 1513. Working capital funds.
Sec. 1514. Defense Health Program.
Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1516. Defense Inspector General.
Sec. 1517. Relation to funding tables.
Sec. 1518. Continuation of prohibition on use of United States funds for
certain facilities projects in Iraq.
Sec. 1519. Treatment as additional authorizations.
Sec. 1520. Special transfer authority.
TITLE XVII--DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION PROJECT
Sec. 1701. Demonstration project authority.
Sec. 1702. Transfer of property.
Sec. 1703. Transfer of civilian personnel of the Department of Defense.
Sec. 1704. Joint funding authority.
Sec. 1705. Eligibility of members of the uniformed services for care and
services.
Sec. 1706. Extension of DOD-VA Health Care Sharing Incentive Fund.
TITLE XVIII--MILITARY COMMISSIONS
Sec. 1801. Short title.
Sec. 1802. Military commissions.
Sec. 1803. Conforming amendments.
Sec. 1804. Proceedings under prior statute.
Sec. 1805. Submittal to Congress of revised rules for military
commissions.
Sec. 1806. Annual reports to Congress on trials by military commission.
Sec. 1807. Sense of Congress on military commission system.
TITLE XIX--FEDERAL EMPLOYEE BENEFITS
Subtitle A--General Provisions
Sec. 1901. Credit for unused sick leave.
Sec. 1902. Limited expansion of the class of individuals eligible to
receive an actuarially reduced annuity under the Civil
Service Retirement System.
Sec. 1903. Computation of certain annuities based on part-time service.
Sec. 1904. Authority to deposit refunds under FERS.
Sec. 1905. Retirement credit for service of certain employees
transferred from District of Columbia service to Federal
service.
Subtitle B--Non-Foreign Area Retirement Equity Assurance
Sec. 1911. Short title.
[[Page 2204]]
123 STAT. 2204
Sec. 1912. Extension of locality pay.
Sec. 1913. Adjustment of special rates.
Sec. 1914. Transition schedule for locality-based comparability
payments.
Sec. 1915. Savings provision.
Sec. 1916. Application to other eligible employees.
Sec. 1917. Election of additional basic pay for annuity computation by
employees.
Sec. 1918. Regulations.
Sec. 1919. Effective dates.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Relation to funding tables.
Sec. 2004. General reduction across division.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2006
projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification and extension of authority to carry out certain
fiscal year 2006 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out certain fiscal year
2009 Air Force project.
Sec. 2306. Extension of authorizations of certain fiscal year 2007
projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2308. Conveyance to Indian tribes of certain housing units.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Family Housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Termination or modification of authority to carry out certain
fiscal year 2009 projects.
Sec. 2406. Modification of authority to carry out certain fiscal year
2008 project.
Sec. 2407. Extension of authorizations of certain fiscal year 2007
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
[[Page 2205]]
123 STAT. 2205
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2007
projects.
Sec. 2608. Extension of authorizations of certain fiscal year 2006
project.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Subtitle A--Authorizations
Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 2005.
Subtitle B--Other Matters
Sec. 2711. Relocation of certain Army Reserve units in Connecticut.
Sec. 2712. Authority to construct Armed Forces Reserve Center in
vicinity of Pease Air National Guard Base, New Hampshire.
Sec. 2713. Sense of Congress on ensuring joint basing recommendations do
not adversely affect operational readiness.
Sec. 2714. Requirements related to providing world class military
medical facilities in the National Capital Region.
Sec. 2715. Use of economic development conveyances to implement base
closure and realignment property recommendations.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of unspecified minor construction authorities.
Sec. 2802. Congressional notification of facility repair projects
carried out using operation and maintenance funds.
Sec. 2803. Modification of authority for scope of work variations.
Sec. 2804. Modification of conveyance authority at military
installations.
Sec. 2805. Imposition of requirement that acquisition of reserve
component facilities be authorized by law.
Sec. 2806. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command area of responsibility.
Sec. 2807. Expansion of First Sergeants Barracks Initiative.
Sec. 2808. Reports on privatization initiatives for military
unaccompanied housing.
Sec. 2809. Report on Department of Defense contributions to States for
acquisition, construction, expansion, rehabilitation, or
conversion of reserve component facilities.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Modification of utility systems conveyance authority.
Sec. 2822. Report on global defense posture realignment and interagency
review.
Sec. 2823. Property and facilities management of the Armed Forces
Retirement Home.
Sec. 2824. Acceptance of contributions to support cleanup efforts at
former Almaden Air Force Station, California.
Sec. 2825. Selection of military installations to serve as locations of
brigade combat teams.
Sec. 2826. Report on Federal assistance to support communities adversely
impacted by expansion of military installations.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2831. Role of Department of Defense in management and coordination
of Defense activities relating to Guam realignment.
Sec. 2832. Clarifications regarding use of special purpose entities to
assist with Guam realignment.
Sec. 2833. Workforce issues related to military construction and certain
other transactions on Guam.
Sec. 2834. Composition of workforce for construction projects funded
through the Support for United States Relocation to Guam
Account.
Sec. 2835. Interagency Coordination Group of Inspectors General for Guam
Realignment.
Sec. 2836. Compliance with Naval Aviation Safety requirements as
condition on acceptance of replacement facility for Marine
Corps Air Station, Futenma, Okinawa.
[[Page 2206]]
123 STAT. 2206
Sec. 2837. Report and sense of Congress on Marine Corps requirements in
Asia-Pacific region.
Subtitle D--Energy Security
Sec. 2841. Adoption of unified energy monitoring and utility control
system specification for military construction and military
family housing activities.
Sec. 2842. Department of Defense goal regarding use of renewable energy
sources to meet facility energy needs.
Sec. 2843. Department of Defense participation in programs for
management of energy demand or reduction of energy usage
during peak periods.
Sec. 2844. Department of Defense use of electric and hybrid motor
vehicles.
Sec. 2845. Study on development of nuclear power plants on military
installations.
Sec. 2846. Comptroller General report on Department of Defense renewable
energy initiatives, including solar initiatives, on military
installations.
Subtitle E--Land Conveyances
Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska.
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson,
Arkansas.
Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval
Magazine, California.
Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval
Facility to City of Ferndale, California.
Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii.
Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and
Ohana Nui areas, Pearl Harbor, Hawaii.
Sec. 2857. Modification of land conveyance, former Griffiss Air Force
Base, New York.
Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg,
Pennsylvania.
Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2860. Land conveyance, Lackland Air Force Base, Texas.
Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia.
Sec. 2862. Completion of land exchange and consolidation, Fort Lewis,
Washington.
Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne,
Wyoming.
Subtitle F--Other Matters
Sec. 2871. Revised authority to establish national monument to honor
United States Armed Forces working dog teams.
Sec. 2872. National D-Day Memorial study.
Sec. 2873. Conditions on establishment of Cooperative Security Location
in Palanquero, Colombia.
Sec. 2874. Military activities at United States Marine Corps Mountain
Warfare Training Center.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Construction authorization for facilities for Office of
Defense Representative-Pakistan.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Sec. 3106. Relation to funding tables.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Stockpile stewardship program.
Sec. 3112. Report on stockpile stewardship criteria and assessment of
stockpile stewardship program.
Sec. 3113. Stockpile management program.
Sec. 3114. Dual validation of annual weapons assessment and
certification.
Sec. 3115. Elimination of nuclear weapons life extension program from
exception to requirement to request funds in budget of the
President.
[[Page 2207]]
123 STAT. 2207
Sec. 3116. Long-term plan for the modernization and refurbishment of the
nuclear security complex.
Sec. 3117. Repeal of prohibition on funding activities associated with
international cooperative stockpile stewardship.
Sec. 3118. Modification of minor construction threshold for plant
projects.
Sec. 3119. Two-year extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3120. National Nuclear Security Administration authority for urgent
nonproliferation activities.
Sec. 3121. Repeal of sunset date for consolidation of
counterintelligence programs of Department of Energy and
National Nuclear Security Administration.
Subtitle C--Reports
Sec. 3131. National Academy of Sciences review of national security
laboratories.
Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate
foreign nuclear weapons activities.
Sec. 3133. Comptroller General study of stockpile stewardship program.
Sec. 3134. Comptroller General of the United States review of projects
carried out by the Office of Environmental Management of the
Department of Energy pursuant to the American Recovery and
Reinvestment Act of 2009.
Subtitle D--Other Matters
Sec. 3141. Ten-year plan for use and funding of certain Department of
Energy facilities.
Sec. 3142. Expansion of authority of Ombudsman of Energy Employees
Occupational Illness Compensation Program.
Sec. 3143. Identification in budget materials of amounts for certain
Department of Energy pension obligations.
Sec. 3144. Sense of Congress on production of molybdenum-99.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2010.
Sec. 3502. Unused leave balances.
Sec. 3503. Temporary program authorizing contracts with adjunct
professors at the United States Merchant Marine Academy.
Sec. 3504. Maritime loan guarantee program.
Sec. 3505. Defense measures against unauthorized seizures of Maritime
Security Fleet vessels.
Sec. 3506. Report on restrictions on United States-flagged commercial
vessel security.
Sec. 3507. Technical corrections to State maritime academies student
incentive program.
Sec. 3508. Cooperative agreements, administrative expenses, and
contracting authority.
Sec. 3509. Use of funding for DOT maritime heritage property.
Sec. 3510. Use of midshipman fees.
Sec. 3511. Construction of vessels in the United States policy.
Sec. 3512. Port infrastructure development program.
Sec. 3513. Reefs for marine life conservation program.
Sec. 3514. United States Merchant Marine Academy graduate program
receipt, disbursement, and accounting for nonappropriated
funds.
Sec. 3515. America's short sea transportation grants for the development
of marine highways.
Sec. 3516. Expansion of the Marine View system.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
[[Page 2208]]
123 STAT. 2208
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--OTHER AUTHORIZATIONS
Sec. 4401. Other authorizations.
Sec. 4402. Other authorizations for overseas contingency operations.
TITLE XLV--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 4501. Military construction.
Sec. 4502. 2005 base realignment and closure round FY 2010 project
listing.
Sec. 4503. Military construction for overseas contingency operations.
TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4601. Department of Energy national security programs.
DIVISION E--MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES PREVENTION
ACT
Sec. 4701. Short title.
Sec. 4702. Findings.
Sec. 4703. Definitions.
Sec. 4704. Support for criminal investigations and prosecutions by
State, local, and tribal law enforcement officials.
Sec. 4705. Grant program.
Sec. 4706. Authorization for additional personnel to assist State,
local, and tribal law enforcement.
Sec. 4707. Prohibition of certain hate crime acts.
Sec. 4708. Statistics.
Sec. 4709. Severability.
Sec. 4710. Rule of construction.
Sec. 4711. Guidelines for hate-crimes offenses.
Sec. 4712. Attacks on United States servicemen.
Sec. 4713. Report on mandatory minimum sentencing provisions.
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.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 107. Relation to funding table.
Subtitle B--Army Programs
Sec. 111. Procurement of Future Combat Systems spin out early-infantry
brigade combat team equipment.
Subtitle C--Navy Programs
Sec. 121. Littoral Combat Ship program.
Sec. 122. Treatment of Littoral Combat Ship program as a major defense
acquisition program.
[[Page 2209]]
123 STAT. 2209
Sec. 123. Report on strategic plan for homeporting the Littoral Combat
Ship.
Sec. 124. Advance procurement funding.
Sec. 125. Procurement programs for future naval surface combatants.
Sec. 126. Ford-class aircraft carrier report.
Sec. 127. Report on a service life extension program for Oliver Hazard
Perry class frigates.
Sec. 128. Conditional multiyear procurement authority for F/A-18E, F/A-
18F, or EA-18G aircraft.
Subtitle D--Air Force Programs
Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.
Sec. 132. Revised availability of certain funds available for the F-22A
fighter aircraft.
Sec. 133. Preservation and storage of unique tooling for F-22 fighter
aircraft.
Sec. 134. AC-130 gunships.
Sec. 135. Report on E-8C Joint Surveillance and Target Attack Radar
System re-engining.
Sec. 136. Repeal of requirement to maintain certain retired C-130E
aircraft.
Sec. 137. Limitation on retirement of C-5 aircraft.
Sec. 138. Reports on strategic airlift aircraft.
Sec. 139. Strategic airlift force structure.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.
Sec. 143. Modification of nature of data link for use by tactical
unmanned aerial vehicles.
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, $5,110,352,000.
(2) For missiles, $1,368,109,000.
(3) For weapons and tracked combat vehicles, $2,439,052,000.
(4) For ammunition, $2,058,895,000.
(5) For other procurement, $9,450,863,000.
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, $18,842,112,000.
(2) For weapons, including missiles and torpedoes,
$3,446,019,000.
(3) For shipbuilding and conversion, $13,776,867,000.
(4) For other procurement, $5,610,581,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2010 for procurement for the Marine Corps in the amount
of $1,603,738,000.
(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 $814,015,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement for the Air Force as follows:
(1) For aircraft, $11,224,371,000.
[[Page 2210]]
123 STAT. 2210
(2) For ammunition, $822,462,000.
(3) For missiles, $6,037,459,000.
(4) For other procurement, $17,133,668,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2010
for Defense-wide procurement in the amount of $4,090,816,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $600,000,000.
SEC. 106. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of
$600,000,000.
SEC. 107. RELATION TO FUNDING TABLE.
The amounts authorized to be appropriated by sections 101, 102, 103,
104, 105, and 106 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.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT EARLY-
INFANTRY BRIGADE COMBAT TEAM EQUIPMENT.
(a) Limitation on Low-rate Initial Production Quantities.--
Notwithstanding section 2400 of title 10, United States Code, and except
as provided in subsection (b), the Secretary of Defense may not procure
more than one Future Combat Systems spin out early-infantry brigade
combat team equipment set (in this section referred to as a ``brigade
set'') for low-rate initial production.
(b) Waiver.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics may waive the limitation in subsection (a)
if--
(1) the Under Secretary submits to Congress written
certification that--
(A) the Future Combat Systems spin out early-
infantry brigade combat team program (in this section
referred to as the ``program'') requires low-rate
initial production in excess of 10 percent of the total
number of articles to be produced;
(B) the Director of Defense Research and Engineering
has completed a technology readiness assessment of the
program;
(C) the Director of Cost Assessment and Program
Evaluation has completed an independent cost estimate of
the program;
[[Page 2211]]
123 STAT. 2211
(D) the Under Secretary has approved an acquisition
strategy and acquisition program baseline for the
program; and
(E) all of the systems constituting the brigade set
have been tested in their intended production
configuration; and
(2) a period of 30 days has elapsed after the date on which
the certification under paragraph (1) is received.
(c) Exception for Meeting Operational Need Statement Requirements.--
The limitation on low-rate initial production in subsection (a) does not
apply to the procurement of individual components of a brigade set if
the procurement of such components is specifically intended to address
an operational need statement requirement (as described in Army
Regulation 71-9 or a successor regulation).
Subtitle C--Navy Programs
SEC. 121. LITTORAL COMBAT SHIP PROGRAM.
(a) Contract Authority.--
(1) In general.--The Secretary of the Navy may procure up to
ten Littoral Combat Ships and 15 Littoral Combat Ship ship
control and weapon systems by entering into a contract using
competitive procedures. Such procurement may also include--
(A) materiel and equipment in economic order
quantities when cost savings are achievable; and
(B) cost reduction initiatives.
(2) Liability.--A contract entered into under paragraph (1)
shall provide that any obligation of the United States to make a
payment under the contract is subject to the availability of
appropriations for that purpose, and that total liability to the
Government for termination of any contract entered into shall be
limited to the total amount of funding obligated at time of
termination.
(b) Technical Data Package.--
(1) Requirement.--As part of the solicitation for proposals
for a procurement authorized by subsection (a), the Secretary
shall require that an offeror submit a proposal that provides
for conveying a complete technical data package as part of a
proposal for a Littoral Combat Ship.
(2) Rights of the united states.--The Secretary shall ensure
that the Government's rights in technical data for a Littoral
Combat Ship are sufficient to permit the Government to--
(A) conduct a competition for a second shipyard, as
soon as practicable; and
(B) transition the Littoral Combat Ship combat
systems to Government-furnished equipment to achieve
open architecture and foster competition to modernize
future systems.
(c) Limitation of Costs.--
(1) Limitation.--Except as provided in subsection (d), and
excluding amounts described in paragraph (2), beginning in
fiscal year 2011, the total amount obligated or expended for
[[Page 2212]]
123 STAT. 2212
the procurement of a Littoral Combat Ship awarded to a
contractor selected as part of a procurement authorized by
subsection (a) may not exceed $480,000,000 per vessel.
(2) Exclusion.--The amounts described in this paragraph are
amounts associated with the following:
(A) Elements designated by the Secretary of the Navy
as a mission package.
(B) Plans.
(C) Technical data packages.
(D) Class design services.
(E) Post-delivery, outfitting, and program support
costs.
(d) Waiver and Adjustment of Limitation Amount.--
(1) Waiver.--The Secretary of the Navy may waive the
limitation in subsection (c)(1) with respect to a vessel if--
(A) the Secretary provides supporting data and
certifies in writing to the congressional defense
committees that--
(i) the total amount obligated or expended for
procurement of the vessel-
(I) is in the best interest of the
United States; and
(II) is affordable, within the
context of the annual naval vessel
construction plan required by section
231 of title 10, United States Code; and
(ii) the total amount obligated or expended
for procurement of at least one other vessel
authorized by subsection (a) has been or is
expected to be less than $480,000,000; and
(B) a period of not less than 30 days has expired
following the date on which such certification and data
are submitted to the congressional defense committees.
(2) Adjustment.--The Secretary of the Navy may adjust the
amount set forth in subsection (c)(1) for Littoral Combat Ship
vessels referred to in that subsection by the following:
(A) The amounts of increases or decreases in costs
attributable to economic inflation after September 30,
2009.
(B) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal,
State, or local laws enacted after September 30, 2009.
(C) The amounts of increases or decreases in costs
of the vessel that are attributable to insertion of new
technology into that vessel, as compared to the
technology built into the first or second vessels of the
Littoral Combat Ship class of vessels, if the Secretary
determines, and certifies to the congressional defense
committees, that insertion of the new technology--
(i) is expected to decrease the life-cycle
cost of the vessel; or
(ii) is required to meet an emerging threat
that poses grave harm to national security.
(D) The amounts of increases or decreases in costs
required to correct deficiencies that may affect the
safety of the vessel and personnel or otherwise preclude
the vessel from safe operations and crew certifications.
(e) Annual Reports.--At the same time that the budget is submitted
under section 1105(a) of title 31, United States Code, for each fiscal
year, the Secretary of the Navy shall submit to
[[Page 2213]]
123 STAT. 2213
the congressional defense committees a report on Littoral Combat Ship
vessels. Each such report shall include the following:
(1) The current (as of the date of the report) and projected
total basic construction costs, Government-furnished equipment
costs, and other program costs associated with each of the
Littoral Combat Ships under construction.
(2) Written notice of any adjustment in the amount set forth
in subsection (c)(1) made during the preceding fiscal year that
the Secretary adjusted under the authority provided in
subsection (d)(2).
(3) A summary of investment made by the Government for cost-
reduction initiatives and the projected savings or cost
avoidance based on those investments.
(4) A summary of investment made by the construction yard to
improve efficiency and optimization of construction along with
the projected savings or cost avoidance based on those
investments.
(5) Information, current as of the date of the report,
regarding--
(A) the content of any element of the Littoral
Combat Ship class of vessels that is designated as a
mission package;
(B) the estimated cost of any such element; and
(C) the total number of such elements anticipated.
(f) Definitions.--In this section:
(1) The term ``mission package'' means the interchangeable
systems that deploy with a Littoral Combat Ship vessel.
(2) The term ``technical data package'' means a compilation
of detailed engineering plans and specifications for
construction of the vessels.
(3) The term ``total amount obligated or expended for
procurement'', with respect to a Littoral Combat Ship, means the
sum of the costs of basic construction and Government-furnished
equipment for the ship.
(g) Conforming Repeal.--Section 124 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3157), as amended by section 125 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 29) and section
122 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4376), is repealed.
SEC. 122. 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. 123. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL
COMBAT SHIP.
(a) Report Required.--At the same time that the budget is submitted
under section 1105(a) of title 31, United States Code, for fiscal year
2011, 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 on the east coast and west
coast of the United States.
[[Page 2214]]
123 STAT. 2214
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of how the homeporting plan would support
the requirements of the commanders of the combatant commands, by
geographic area of responsibility, for the capabilities
delivered by Littoral Combat Ships, including the notional
transit times to the various geographic areas of responsibility.
(2) An assessment of the effect that each type of Littoral
Combat Ship would have on each port in which such ship could be
homeported, including an identification of the infrastructure
required to support each such ship with respect to--
(A) the availability of pier space with supporting
ship services infrastructure, taking into account the
largest fleet size envisioned by the long-term plan for
the construction of naval vessels submitted for fiscal
year 2011;
(B) the logistical and maintenance support services
required in any port chosen for the Littoral Combat
Ships; and
(C) any investment in naval station infrastructure
required for homeporting Littoral Combat Ships
(including a plan for such investment).
(3) With respect to the projected force structure size of
the Navy in fiscal year 2020, a graphical depiction of the total
planned ships berthing in the pier areas of any naval facility
chosen to homeport Littoral Combat Ships, including the
identification of the ships berthing plan for the maximum number
of ships expected in-port at any one time.
SEC. 124. ADVANCE PROCUREMENT FUNDING.
(a) <> Advance Procurement.--With respect
to a naval vessel for which amounts are authorized to be appropriated or
otherwise made available for fiscal year 2010 or any fiscal year
thereafter for advance procurement in shipbuilding and conversion, Navy,
the Secretary of the Navy may enter into a contract, in advance of a
contract for construction of any vessel, for any of the following:
(1) Components, parts, or materiel.
(2) Production planning and other related support services
that reduce the overall procurement lead time of such vessel.
(b) Aircraft Carrier Designated CVN-79.--With respect to components
of the aircraft carrier designated CVN-79 for which amounts are
authorized to be appropriated or otherwise made available for fiscal
year 2010 or any fiscal year thereafter for advance procurement in
shipbuilding and conversion, Navy, the Secretary of the Navy may enter
into a contract for the advance construction of such components if the
Secretary determines that cost savings, construction efficiencies, or
workforce stability may be achieved for such aircraft carrier through
the use of such contract.
(c) Condition of Out-year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under such contract for any fiscal year
after fiscal year 2010 is subject to the availability of appropriations
for that purpose for such fiscal year.
SEC. 125. <> 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
[[Page 2215]]
123 STAT. 2215
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 Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(2) Certification that the Joint Requirements Oversight
Council--
(A) has been briefed on the acquisition strategy to
procure such surface combatants; and
(B) has concurred that such strategy is the best
preferred approach to deliver required capabilities to
address future threats, as reflected in the latest
assessment by the defense intelligence community.
(3) A verification by, and conclusions of, an independent
review panel that, in evaluating the program or programs
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, including vessel manning
levels, to accomplish missions.
(D) The differences in cost and schedule arising
from the need to accommodate new sensors and weapons in
surface combatants to be constructed after fiscal year
2011 to counter the future threats referred to in
paragraph (2), 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.
(4) The conclusions of a joint review by the Secretary of
the Navy and the Director of the Missile Defense Agency setting
forth additional requirements for investment in Aegis ballistic
missile defense 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 the 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 an update to the open architecture report to Congress that
reflects the Navy's combat systems acquisition plans for the surface
combatants to be procured in fiscal year 2012 and fiscal years
thereafter.
(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
[[Page 2216]]
123 STAT. 2216
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 technologies and
systems designed to achieve significant manpower savings.
(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 competition.
(e) Definitions.--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, excluding Littoral Combat Ships,
under a program currently designated as a future surface
combatant program.
SEC. 126. FORD-CLASS AIRCRAFT CARRIER REPORT.
Not later than February 1, 2010, the Secretary of the Navy shall
submit to the congressional defense committees a report on the effects
of using a five-year interval for the construction of Ford-class
aircraft carriers. The report shall include, at a minimum, an assessment
of the effects of such five-year interval on the following:
(1) With respect to the supplier base--
(A) the viability of the base, including suppliers
exiting the market or other potential reductions in
competition; and
(B) cost increases to the Ford-class aircraft
carrier program.
(2) Training of individuals in trades related to ship
construction.
(3) Loss of expertise associated with ship construction.
(4) The costs of--
(A) any additional technical support or production
planning associated with the start of construction;
(B) material and labor;
(C) overhead; and
(D) other ship construction programs, including the
costs of existing and future contracts.
[[Page 2217]]
123 STAT. 2217
SEC. 127. 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
for the Oliver Hazard Perry class frigates, including--
(A) the cost of the program;
(B) a notional schedule for the program; and
(C) the shipyards available to carry out the work
under the program.
(2) The strategic plan of the Navy for--
(A) the manner in which the Littoral Combat Ship
will fulfill the roles and missions currently performed
by the Oliver Hazard Perry class frigates as such
frigates are decommissioned; and
(B) the year-by-year planned commissioning of
Littoral Combat Ships and planned decommissioning of
Oliver Hazard Perry class frigates through the projected
service life of the Oliver Hazard Perry class frigates.
(3) An analysis of the necessary procurement rates of
Littoral Combat Ships if the extension of the service life of
the Oliver Hazard Perry class frigates alleviates capability
gaps caused by a delay in the procurement rates of Littoral
Combat Ships.
(4) A description of the manner in which the Navy has met
the requirements 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. 128. CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E,
F/A-18F, OR EA-18G AIRCRAFT.
(a) Authority for Multiyear Procurement.--
(1) In general.--Subject to section 2306b of title 10,
United States Code, the Secretary of the Navy may enter into a
multiyear contract for the procurement of F/A-18E, F/A-18F, or
EA-18G aircraft.
(2) Submission of written certification by secretary of
defense.--For purposes of paragraph (1), the term ``March 1 of
the year in which the Secretary requests legislative authority
to enter into such contract'' in section 2306b(i)(1) of such
title shall be deemed to be a reference to March 1, 2010.
(b) Contract Requirement.--A multiyear contract entered into under
subsection (a) shall provide that any obligation of the United States to
make a payment under the contract is subject to the availability of
appropriations for that purpose.
(c) Report of Findings.--In addition to any reports or
certifications required by section 2306b of title 10, United States
Code, not later than March 1, 2010, the Secretary of Defense shall
submit to the congressional defense committees a report on how the
findings and conclusions of the quadrennial defense review under section
118 of such title and the 30-year aviation plan under section 231a of
such title have informed the acquisition strategy of the
[[Page 2218]]
123 STAT. 2218
Secretary with regard to the F/A-18E, F/A-18F, and EA-18G aircraft
programs of record.
(d) Sunset.--
(1) Termination date.--Except as provided in paragraph (2),
the authority to enter into a multiyear contract under
subsection (a) shall terminate on May 1, 2010.
(2) <> Extension.--The Secretary of the
Navy may enter into a multiyear contract under subsection (a)
until September 30, 2010, if the Secretary notifies the
congressional defense committees in writing--
(A) that the administrative processes or other
contracting activities necessary for executing this
authority cannot be completed before May 1, 2010; and
(B) of the date, on or before September 30, 2010, on
which the Secretary plans to enter into such multiyear
contract.
Subtitle D--Air Force Programs
SEC. 131. REPORT ON THE PROCUREMENT OF 4.5 GENERATION FIGHTER
AIRCRAFT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the procurement of 4.5
generation fighter aircraft. The report shall include the following:
(1) The number of 4.5 generation fighter aircraft needed to
be procured during fiscal years 2011 through 2025 to fulfill the
requirement of the Air Force to maintain not less than 2,200
tactical fighter aircraft.
(2) The estimated procurement costs for those aircraft if
procured through annual procurement contracts.
(3) The estimated procurement costs for those aircraft if
procured through multiyear procurement contracts.
(4) The estimated savings that could be derived from the
procurement of those aircraft through a multiyear procurement
contract, and whether the Secretary determines the amount of
those savings to be substantial.
(5) A discussion comparing the costs and benefits of
obtaining those aircraft through annual procurement contracts
with the costs and benefits of obtaining those aircraft through
a multiyear procurement contract.
(6) A discussion regarding the availability and feasibility
of procuring F-35 aircraft to proportionally and concurrently
recapitalize the Air National Guard during fiscal years 2015
through fiscal year 2025.
(b) 4.5 Generation Fighter Aircraft Defined.--In this section, the
term ``4.5 generation fighter aircraft'' means current fighter aircraft,
including the F-15, F-16, and F-18, that--
(1) have advanced capabilities, including--
(A) AESA radar;
(B) high capacity data-link; and
(C) enhanced avionics; and
(2) have the ability to deploy current and reasonably
foreseeable advanced armaments.
[[Page 2219]]
123 STAT. 2219
SEC. 132. 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) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4373) 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. 133. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22
FIGHTER AIRCRAFT.
(a) Plan.--The Secretary of the Air Force shall develop a plan for
the preservation and storage of unique tooling related to the production
of hardware and end items for F-22 fighter aircraft. The plan shall--
(1) ensure that the Secretary preserves and stores required
tooling in a manner that--
(A) allows the production of such hardware and end
items to be restarted after a period of idleness; and
(B) provides for the long-term sustainment and
repair of such hardware and end items;
(2) with respect to the supplier base of such hardware and
end items, identify the costs of restarting production; and
(3) identify any contract modifications, additional
facilities, or funding that the Secretary determines necessary
to carry out the plan.
(b) Restriction on the Use of Funds.--
<> None of the amounts authorized to be
appropriated by this Act or otherwise made available for fiscal year
2010 for aircraft procurement, Air Force, for F-22 fighter aircraft may
be obligated or expended for activities related to disposing of F-22
production tooling until a period of 45 days has elapsed after the date
on which the Secretary submits to Congress a report describing the plan
required by subsection (a).
SEC. 134. 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 Commander of 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
[[Page 2220]]
123 STAT. 2220
a rate per year that is similar to the average rate per year of the five
years preceding the date of the report.
(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 Commander of 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. 135. REPORT ON E-8C JOINT SURVEILLANCE AND TARGET ATTACK
RADAR SYSTEM RE-ENGINING.
(a) In General.--Not later than 90 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 aircraft (in
this section referred to as ``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).
[[Page 2221]]
123 STAT. 2221
SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN RETIRED C-130E
AIRCRAFT.
Section 134 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 31) is amended--
(1) by striking subsection (c);
(2) by redesignating subsection (d) as subsection (c); and
(3) in subsection (b), by striking ``subsection (d)'' and
inserting ``subsection (c)''.
SEC. 137. 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 the enactment of this Act
until the later of the following:
(1) The date that is 90 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 90 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
[[Page 2222]]
123 STAT. 2222
(B) the retirement of such aircraft will not reduce
the total strategic airlift force structure below 316
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 updated assessment to the assessment of the Under
Secretary for Acquisition, Technology, and Logistics certified
on February 14, 2008, concerning 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.
SEC. 138. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT.
At least 90 days before the date on which a C-5 aircraft is retired,
the Secretary of the Air Force, in consultation with the Director of the
Air National Guard, shall submit to the congressional defense committees
a report on the proposed force structure and basing of strategic airlift
aircraft (as defined in section 8062(g)(2) of title 10, United States
Code). Each report shall include the following:
(1) A list of each aircraft in the inventory of strategic
airlift aircraft, including for each such aircraft--
(A) the type;
(B) the variant; and
(C) the military installation where such aircraft is
based.
(2) A list of each strategic airlift aircraft proposed for
retirement, including for each such aircraft--
(A) the type;
(B) the variant; and
(C) the military installation where such aircraft is
based.
(3) A list of each unit affected by a proposed retirement
listed under paragraph (2) and how such unit is affected.
(4) For each military installation listed under paragraph
(2)(C), changes, if any, to the mission of the installation as a
result of a proposed retirement.
(5) Any anticipated reductions in manpower as a result of a
proposed retirement listed under paragraph (2).
[[Page 2223]]
123 STAT. 2223
SEC. 139. STRATEGIC AIRLIFT FORCE STRUCTURE.
Subsection (g)(1) of section 8062 of title 10, United States Code,
is amended--
(1) by striking ``2008'' and inserting ``2009''; and
(2) by striking ``299'' and inserting ``316''.
Subtitle E--Joint and Multiservice Matters
SEC. 141. BODY ARMOR PROCUREMENT.
(a) Procurement.--The Secretary of Defense shall ensure that body
armor is procured using funds authorized to be appropriated by this
title.
(b) Procurement <> Line Item.--In the budget
materials submitted to the President by the Secretary of Defense in
connection with the submission to Congress, pursuant to section 1105 of
title 31, United States Code, of the budget for fiscal year 2011, and
each subsequent fiscal year, the Secretary shall ensure that within each
military department procurement account, a separate, dedicated
procurement line item is designated for body armor.
SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL VEHICLES.
None <> of the amounts authorized to
be appropriated for procurement may be obligated or expended for an
unmanned cargo-carrying-capable aerial vehicle until a period of 15 days
has elapsed after the date on which the Vice Chairman of the Joint
Chiefs of Staff and the Under Secretary of Defense for Acquisition,
Technology, and Logistics certify to the congressional defense
committees that the Joint Requirements Oversight Council has approved a
joint and common requirement for an unmanned cargo-carrying-capable
aerial vehicle type.
SEC. 143. MODIFICATION OF NATURE OF DATA LINK FOR USE 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 standard
is replaced 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.
Sec. 202. Relation to funding table.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Extension and enhancement of Global Research Watch Program.
Sec. 212. Permanent authority for the Joint Defense Manufacturing
Technology Panel.
Sec. 213. Elimination of report requirements regarding Defense Science
and Technology Program.
Sec. 214. Authorization for the Secretary of the Navy to purchase
infrastructure and Government purpose rights license
associated with the Navy-Marine Corps intranet.
[[Page 2224]]
123 STAT. 2224
Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission
Submersible program.
Sec. 216. Separate program elements required for research and
development of individual body armor and associated
components.
Sec. 217. Separate procurement and research, development, test, and
evaluation line items and program elements for the F-35B and
F-35C joint strike fighter aircraft.
Sec. 218. Restriction on obligation of funds for Army tactical ground
network program pending receipt of report.
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer
capabilities for the Army.
Sec. 220. Guidance on budget justification materials describing funding
requested for operation, sustainment, modernization, and
personnel of major ranges and test facilities.
Sec. 221. Assessment of technological maturity and integration risk of
Army modernization programs.
Sec. 222. Assessment of activities for technology modernization of the
combat vehicle and armored tactical wheeled vehicle fleets.
Subtitle C--Missile Defense Programs
Sec. 231. Sense of Congress on ballistic missile defense.
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense
element of the Ballistic Missile Defense System.
Sec. 233. Continued production of Ground-based Interceptor missile and
operation of Missile Field 1 at Fort Greely, Alaska.
Sec. 234. Limitation on availability of funds for acquisition or
deployment of missile defenses in Europe.
Sec. 235. Authorization of funds for development and deployment of
alternative missile defense systems in Europe.
Sec. 236. Comprehensive plan for test and evaluation of the ballistic
missile defense system.
Sec. 237. Study on discrimination capabilities of ballistic missile
defense system.
Sec. 238. Ascent phase missile defense strategy and plan.
Sec. 239. Extension of deadline for study on boost-phase missile
defense.
Subtitle D--Reports
Sec. 241. Repeal of requirement for biennial joint warfighting science
and technology plan.
Sec. 242. Modification of reporting requirement for defense
nanotechnology research and development program.
Sec. 243. Comptroller General assessment of coordination of energy
storage device requirements, purchases, and investments.
Sec. 244. Annual Comptroller General report on the F-35 Lightning II
aircraft acquisition program.
Sec. 245. Report on integration of Department of Defense intelligence,
surveillance, and reconnaissance capabilities.
Sec. 246. Report on future research and development of man-portable and
vehicle-mounted guided missile systems.
Sec. 247. Report on the development of command and control systems.
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.
Subtitle E--Other Matters
Sec. 251. Enhancement of duties of Director of Department of Defense
Test Resource Management Center with respect to the Major
Range and Test Facility Base.
Sec. 252. Establishment of program to enhance participation of
historically black colleges and universities and minority-
serving institutions in defense research programs.
Sec. 253. Extension of authority to award prizes for advanced technology
achievements.
Sec. 254. Authority for National Aeronautics and Space Administration
federally funded research and development centers to
participate in merit-based technology research and
development programs.
Sec. 255. Next generation bomber aircraft.
[[Page 2225]]
123 STAT. 2225
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,638,534,000.
(2) For the Navy, $19,607,161,000.
(3) For the Air Force, $28,401,642,000.
(4) For Defense-wide activities, $20,604,271,000, of which
$190,770,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. RELATION TO FUNDING TABLE.
The amounts authorized to be appropriated by section 201 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. 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. 212. 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
[[Page 2226]]
123 STAT. 2226
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 the 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. 213. ELIMINATION 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 repealed.
SEC. 214. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO PURCHASE
INFRASTRUCTURE AND GOVERNMENT PURPOSE
RIGHTS LICENSE ASSOCIATED WITH THE NAVY-
MARINE CORPS INTRANET.
(a) Purchases Authorized.--The Secretary of the Navy may enter into
one or more contracts for the purchase of infrastructure and Government
purpose rights for any or all technical data, computer software, and
computer software documentation used or created under the Navy-Marine
Corps Intranet multiyear contract, as in effect on the date of the
enactment of this Act, if the Secretary determines that such a purchase
would be in the best interest of the Department of the Navy.
[[Page 2227]]
123 STAT. 2227
(b) Contract Requirements.--Under a contract entered into under this
section, the Secretary may purchase any discrete component or item of
technical data, computer software, or computer software documentation of
the Navy-Marine Corps Intranet and may obligate the Government only to
amounts provided in advance in appropriations Acts specifically for the
purpose of the contract. This section shall not apply to any purchases
using funds available to the Department of the Navy for any fiscal year
that begins before October 1, 2010.
(c) Limitation.--A contract entered into under this section may not,
in any way, commit the Secretary or the Government to purchase any
additional components or other items of technical data, computer
software, or computer software documentation in subsequent years.
(d) Limitation on Liability.--A contract entered into under this
section shall limit the amount of Government liability under the
contract to the amount of appropriations available for such purpose at
the time the Secretary enters into the contract or on the date an option
is exercised.
(e) Purchase Before End of Contract Period.--Nothing in this section
and nothing in any contract entered into under this section shall
preclude the Secretary from purchasing the infrastructure and Government
purpose rights for all technical data, computer software, and computer
software documentation used or created under the Navy-Marine Corps
Intranet multiyear contract, as in effect on the date of the enactment
of this Act, prior to the end of the contract period, for whatever
reason the Secretary determine is appropriate.
SEC. 215. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI-
MISSION SUBMERSIBLE PROGRAM.
None of the funds authorized to be appropriated by this or any other
Act for fiscal year 2010 may be obligated or expended for the Joint
Multi-Mission Submersible program to proceed beyond Milestone B approval
(as that term is defined in section 2366(e)(7) of title 10, United
States Code) until the Secretary of Defense, in consultation with the
Director of National Intelligence--
(1) <> completes an assessment on the
feasibility of a cost-sharing agreement between the Department
of Defense and the intelligence community (as that term is
defined in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4))), for the Joint Multi-Mission Submersible
program;
(2) submits to the congressional defense committees and the
intelligence committees (as that term is defined in section 3(7)
of the National Security Act of 1947 (50 U.S.C. 401a(7)) the
assessment referred to in paragraph (1); and
(3) <> certifies to the congressional
defense committees and the intelligence committees that any
agreement developed pursuant to the assessment referred to in
paragraph (1) represents the most effective and affordable means
of delivery for meeting a validated program requirement.
SEC. 216. <> SEPARATE PROGRAM ELEMENTS
REQUIRED FOR RESEARCH AND DEVELOPMENT OF
INDIVIDUAL BODY ARMOR AND ASSOCIATED
COMPONENTS.
In the budget materials submitted to the President by the Secretary
of Defense in connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the
[[Page 2228]]
123 STAT. 2228
budget for fiscal year 2011, and each subsequent fiscal year, the
Secretary shall ensure that within each research, development, test, and
evaluation account of each military department a separate, dedicated
program element is assigned to the research and development of
individual body armor and associated components.
SEC. <> 217. SEPARATE PROCUREMENT AND
RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION LINE ITEMS AND PROGRAM ELEMENTS
FOR THE F-35B AND F-35C JOINT STRIKE
FIGHTER AIRCRAFT.
In the budget materials submitted to the President by the Secretary
of Defense in connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the budget for fiscal
year 2011, and each subsequent fiscal year, the Secretary shall ensure
that within the Navy research, development, test, and evaluation account
and the Navy aircraft procurement account, a separate, dedicated line
item and program element is assigned to each of the F-35B aircraft and
the F-35C aircraft, to the extent that such accounts include funding for
each such aircraft.
SEC. 218. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL
GROUND NETWORK PROGRAM PENDING RECEIPT OF
REPORT.
(a) Limitation on Obligation of Research and Development Funding.--
Of the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2010 for research and development for the
Army, for the program elements specified in subsection (c), not more
than 50 percent may be obligated or expended until 30 days after the
Under Secretary of Defense for Acquisition, Technology, and Logistics
submits to Congress a report on the acquisition strategy, requirements,
and cost estimates for the Army tactical ground network program.
(b) Army Tactical Ground Network Program Defined.--For the purposes
of subsection (a), the term ``Army tactical ground network program''
means the new tactical ground network major defense acquisition program
derived from the Future Combat Systems Brigade Combat Team program
network, and directed to be initiated by the memorandum entitled
``Future Combat Systems Brigade Combat Team Acquisition Decision
Memorandum'', which was signed by the Under Secretary of Defense for
Acquisition, Technology, and Logistics on June 23, 2009.
(c) Army Tactical Ground Network Program Elements Specified.--The
program elements specified in this subsection are the following:
(1) Future Combat Systems of Systems Engineering and Program
Management.
(2) Future Combat Systems Sustainment and Training Research
and Development.
(3) Any other program element specified by the Secretary of
Defense to fund the Army tactical ground network program.
SEC. 219. 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:
[[Page 2229]]
123 STAT. 2229
(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. 220. <> GUIDANCE ON BUDGET
JUSTIFICATION MATERIALS DESCRIBING FUNDING
REQUESTED FOR OPERATION, SUSTAINMENT,
MODERNIZATION, AND PERSONNEL OF MAJOR
RANGES AND TEST FACILITIES.
(a) Guidance on Budget Justification Materials.--The Secretary of
Defense, acting through the Under Secretary of Defense (Comptroller) and
the Director of the Department of Defense Test Resource Management
Center, shall issue guidance clarifying and standardizing the
information required in budget justification materials describing
amounts to be requested in the budget of the President for a fiscal year
(as submitted to Congress pursuant
[[Page 2230]]
123 STAT. 2230
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. 221. 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 systems and
programs, including the programs as follows:
(1) Ground Combat Vehicle.
(2) Future Combat Systems network hardware and software.
(3) Warfighter Information Network-Tactical, Increment 3.
(4) Appropriate portions of the Joint Tactical Radio System,
including Ground Mobile Radios, Handheld, Manpack, Small Form
Fit Radios, and Network Enterprise Domain.
(5) Non-Line of Sight Launch System.
(6) Small Unmanned Ground Vehicle.
(7) Class I Unmanned Aerial Vehicle.
(8) Class IV Unmanned Aerial Vehicle.
(9) Multifunction Utility/Logistics Equipment Vehicle.
(10) Tactical Unattended Ground Sensors.
(11) Urban Unattended Ground Sensors.
(12) 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
programs and associated systems and programs covered by the review and
assessment required under subsection (a), as determined pursuant to that
assessment.
SEC. 222. ASSESSMENT OF ACTIVITIES FOR TECHNOLOGY MODERNIZATION OF
THE COMBAT VEHICLE AND ARMORED 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
[[Page 2231]]
123 STAT. 2231
of the United States Government to conduct an independent
assessment of current, anticipated, and potential research,
development, test, and evaluation activities for or applicable
to the modernization of the combat vehicle fleet and armored
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 enters into a
contract under paragraph (1) with access to such information and
resources as are appropriate for the entity to conduct the
assessment required by that paragraph.
(b) Reports.--
(1) In general.--The contract required by subsection (a)
shall provide that the entity with which the Secretary enters
into a contract under that subsection shall submit to the
Secretary and the congressional defense committees--
(A) an interim report on the assessment required by
that subsection by not later than July 31, 2010; and
(B) a final report on such assessment by not later
than December 31, 2010.
(2) Elements.--Each of the reports 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 armored tactical wheeled
vehicles.
(B) An identification of capability gaps for combat
vehicles and armored 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 armored tactical
wheeled vehicles, and with particular missions of such
vehicles.
(D) Recommendations with respect to actions that
could be taken to develop and deploy, during the ten-
year period beginning on the date of the submittal of
the report, critical technology capabilities to address
the capability gaps identified pursuant to subparagraph
(B), including an identification of high priority
science and technology, research and engineering, and
prototyping opportunities.
(E) Such other matters as the Secretary considers
appropriate.
Subtitle C--Missile Defense Programs
SEC. 231. 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 and cost-effective 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
[[Page 2232]]
123 STAT. 2232
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 operationally realistic and provide 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. 232. 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 the
Secretary of Defense should ensure the reliability, availability,
maintainability, and supportability of the Ground-based Midcourse
Defense element of the Ballistic Missile Defense system throughout the
service life of such element.
(b) Assessment Required.--
(1) In general.--As part of the quadrennial defense review,
the Nuclear Posture 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 requirements for Ground-based
Midcourse Defense capabilities against such missile
threat.
(C) The capabilities of the Ground-based Midcourse
Defense element as of the date of the assessment.
(D) The planned capabilities of the Ground-based
Midcourse Defense element, if different from the
capabilities under subparagraph (C).
(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
[[Page 2233]]
123 STAT. 2233
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. 233. 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 Director of the Missile Defense Agency
[[Page 2234]]
123 STAT. 2234
does not allow a break in production of the Ground-based Interceptor
missile until the Secretary has--
(1) <> completed the Ballistic Missile
Defense Review;
(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; and
(3) <> submitted to the congressional
defense committees a report containing such determination.
(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, is not completely decommissioned until six silos
are operationally available in 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 number of silos at Missile Field 2 at Fort Greely,
Alaska, until the date that is 60 days after the date on which
the reports required by subsections (b)(3) and (c)(3) of section
232 are submitted to the congressional defense committees.
SEC. 234. <> LIMITATION ON AVAILABILITY
OF FUNDS FOR ACQUISITION OR DEPLOYMENT OF
MISSILE DEFENSES IN EUROPE.
No <> funds authorized to be
appropriated by this Act or otherwise made available for the Department
of Defense for fiscal year 2010 or any fiscal year thereafter may be
obligated or expended for the acquisition (other than initial long-lead
procurement) or deployment of operational missiles of a long-range
missile defense system in Europe until the Secretary of Defense, after
receiving the views of the Director of Operational Test and Evaluation,
submits to the congressional defense committees a report certifying that
the proposed interceptor to be deployed as part of such missile defense
system has demonstrated, through successful, operationally realistic
flight testing, a high probability of working in an operationally
effective manner and that such missile defense system has the ability to
accomplish the mission.
SEC. 235. AUTHORIZATION OF FUNDS FOR DEVELOPMENT AND DEPLOYMENT OF
ALTERNATIVE MISSILE DEFENSE SYSTEMS IN
EUROPE.
(a) Authorization of Funds for Alternative European Missile Defense
Systems.--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, $309,000,000
shall be available for research, development, test, and evaluation,
procurement, or deployment of alternative missile defense systems or
their subsystems 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--
(1) consistent with the direction from the North Atlantic
Council to address ballistic missile threats to Europe and the
[[Page 2235]]
123 STAT. 2235
United States in a prioritized manner that includes
consideration of the imminence of the threat and the level of
acceptable risk;
(2) 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
(3) interoperable, to the extent practical, with other
components of missile defense and complementary to the missile
defense strategy of the North Atlantic Treaty Organization.
(b) Construction.--Except as provided in subsection (a), nothing in
this section shall be construed as limiting or preventing the Secretary
of Defense from pursuing the development or deployment of operationally-
effective and cost-effective ballistic missile defense systems in
Europe.
(c) Independent Assessment.--
(1) <> In general.--Not later
than 60 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 to conduct an
independent assessment evaluating the operational-effectiveness
and cost-effectiveness of the alternative missile defense
architecture announced by the President on September 17, 2009.
(2) Report.--Not later than June 1, 2010, the Secretary
shall submit to the congressional defense committees a report on
the independent assessment conducted under paragraph (1).
SEC. 236. 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 respect 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.
[[Page 2236]]
123 STAT. 2236
(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, 2010, 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 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. 237. STUDY ON DISCRIMINATION CAPABILITIES OF BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Study.--The Secretary of Defense shall enter into an arrangement
with the JASON Defense Advisory Panel under which JASON shall carry out
a study on the discrimination capabilities and limitations of the
ballistic missile defense system of the United States, including such
discrimination capabilities that exist or are planned as of the date of
the study.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the appropriate congressional
committees a report containing the study.
(c) Form.--The report under subsection (b) may be submitted in
classified form, but shall contain an unclassified summary.
SEC. 238. ASCENT PHASE MISSILE DEFENSE STRATEGY AND PLAN.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report containing a strategy and plan for ascent
phase missile defense.
[[Page 2237]]
123 STAT. 2237
(b) Matters Included.--The report required by subsection (a) shall
include each of the following:
(1) A description of the programs and activities, as of the
date of the submission of the report, contained in the program
of record of the Missile Defense Agency that provide or are
planned to provide a capability to intercept ballistic missiles
in their ascent phase.
(2) A description of the capabilities that are needed to
accomplish the intercept of ballistic missiles in their ascent
phase, including--
(A) the key technologies and associated technology
readiness levels, plans for maturing such technologies,
and any technology demonstrations for such capabilities;
(B) concepts of operation for how ascent phase
capabilities would be employed, including the dependence
of such capabilities on, and integration with, other
functions, capabilities, and information, including
those provided by other elements of the ballistic
missile defense system;
(C) the criteria to be used to assess the technical
progress, suitability, and effectiveness of such
capabilities;
(D) a comprehensive plan for development of and
investment in such capabilities, including an
identification of specific program and technology
investments to be made in such capabilities;
(E) a description of how, and to what extent, ascent
phase missile defense can leverage the capabilities and
investments made in boost phase, midcourse, and any
other layer or elements of the ballistic missile defense
system;
(F) a description of the benefits and limitations
associated with ascent phase missile defense; and
(G) any other information the Secretary determines
necessary.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 239. 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--Reports
SEC. 241. 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. 242. 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):
[[Page 2238]]
123 STAT. 2238
``(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. 243. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION OF ENERGY
STORAGE DEVICE REQUIREMENTS, PURCHASES,
AND INVESTMENTS.
(a) Assessment Required.--The Comptroller General shall conduct an
assessment of the degree to which requirements, technology goals, and
research and procurement investments in energy storage technologies are
coordinated within and among the military departments, appropriate
Defense Agencies, and other elements of the Department of Defense. In
carrying out such assessment, the Comptroller General shall--
(1) assess the expenses incurred by the Department of
Defense in the research, development, testing, evaluation, and
procurement of energy storage devices;
(2) compare quantities of types of devices in use or under
development that rely on commercial energy storage technologies
and that use military-unique, proprietary, or specialty devices;
(3) assess the process by which a determination is made by
an acquisition official of the Department of Defense to pursue a
commercially available or custom-made energy storage device;
(4) assess the process used to develop requirements for the
development and procurement of energy storage devices;
(5) assess the coordination of the activities of the
Department of Defense and the Department of Energy with respect
to the research, development, procurement, and use of energy
storage devices;
(6) assess the coordination of Department of Defense-wide
activities in energy storage device research, development,
procurement, and use;
(7) assess the process used to standardize the form, fit,
and function of energy storage devices, and make recommendations
with respect to how the Department should improve that process;
and
(8) assess whether there are commercial advances in portable
power technology, including hybrid systems, fuel cells, and
electrochemical capacitors, or other relevant technologies, that
could be better leveraged by the Department.
(b) Report.--Not later than December 31, 2010, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the findings and
recommendations of the Comptroller General with respect to the
assessment conducted under subsection (a).
(c) Coordination.--In carrying out subsection (a), the Comptroller
General shall coordinate with the Secretary of Energy and the heads of
other appropriate Federal agencies.
SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE F-35 LIGHTNING
II AIRCRAFT ACQUISITION PROGRAM.
(a) Annual GAO Review.--The Comptroller General shall conduct an
annual review of the F-35 Lightning II aircraft acquisition
[[Page 2239]]
123 STAT. 2239
program and shall, not later than March 15 of each of 2010 through 2015,
submit to the congressional defense committees a report on the results
of the most recent review.
(b) Matters to Be Included.--Each report on the F-35 program under
subsection (a) shall include each of the following:
(1) The extent to which the acquisition program is meeting
development and procurement cost, schedule, and performance
goals.
(2) The progress and results of developmental and
operational testing and plans for correcting deficiencies in
aircraft performance, operational effectiveness, and
suitability.
(3) Aircraft procurement plans, production results, and
efforts to improve manufacturing efficiency and supplier
performance.
SEC. 245. REPORT ON INTEGRATION OF DEPARTMENT OF DEFENSE
INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE CAPABILITIES.
Of the amounts authorized to be appropriated in this Act for program
element 11815F for advanced strategic programs, not more than 50 percent
of such amounts may be obligated or expended until the date that is 30
days after the date on which the Under Secretary of Defense for
Intelligence submits the report required under section 923(d)(1) of the
National Defense Authorization Act for 2004 (Public Law 108-136; 117
Stat. 1576), including the elements of the report described in
subparagraphs (D), (E), and (F) of such section 923(d)(1).
SEC. 246. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF MAN-
PORTABLE AND VEHICLE-MOUNTED GUIDED
MISSILE SYSTEMS.
(a) Report.--Not later than February 15, 2010, the Secretary of the
Army shall submit to Congress a report on future research and
development of man-portable and vehicle-mounted guided missile systems
to replace the current Javelin and TOW systems. Such report shall
include--
(1) an examination of current requirements for anti-armor
missile systems;
(2) an analysis of battlefield uses other than anti-armor;
(3) an analysis of changes required to the current Javelin
and TOW systems to maximize effectiveness and lethality in
situations other than anti-armor;
(4) an analysis of the current family of Javelin and TOW
warheads and a specific description of how they address threats
other than armor;
(5) an examination of the need for changes to current or
development of additional warheads or a family of warheads to
address threats other than armor;
(6) a description of any missile system design changes
required to integrate current missile systems with current
manned ground systems;
(7) a detailed and current analysis of the costs associated
with the development of next-generation Javelin and TOW systems
and additional warheads or family of warheads to address threats
other than armor, integration costs for current vehicles,
integration costs for future vehicles and possible efficiencies
of developing and procuring these systems at low rate and full
rate based on current system production; and
[[Page 2240]]
123 STAT. 2240
(8) an analysis of the ability of the industrial base to
support development and production of current and future Javelin
and TOW systems.
(b) Restriction on Use of Funds.--Of the amounts authorized to be
appropriated under this Act for research, test, development, and
evaluation for the Army, for missile and rocket advanced technology
(program element 0603313A), not more than 70 percent may be obligated or
expended until the Secretary of the Army submits the report required by
subsection (a).
SEC. 247. REPORT ON THE DEVELOPMENT OF COMMAND AND CONTROL
SYSTEMS.
(a) Report Required.--Not later than July 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees a report
detailing the plans for the consolidation of the Net-Enabled Command
Capability system (hereinafter in this section referred to as the ``NECC
system'') with the Global Command and Control System family of systems
(hereinafter in this section referred to as the ``GCCS family of
systems'').
(b) Elements.--The report required by subsection (a) shall include
each of the following:
(1) A description of the level of investment needed to
develop, sustain, and modernize the GCCS family of systems in
order to meet military requirements.
(2) A description of the actions needed to convert the GCCS
family of systems to a services-oriented architecture, including
a timeline and milestones.
(3) An identification of the components, including modules
and other technologies, developed under the NECC systems that
can be implemented in the GCCS family of systems.
(4) An identification of gaps in required capabilities not
resident in the GCCS family of systems or provided by the NECC
system.
(5) An identification of any science and technology efforts
or developing commercial capabilities that might address
capability gaps identified pursuant to paragraph (4).
(6) A description of the developmental and operational test
plans for the GCCS family of systems, and resources programmed
to support such plans.
(7) A description of the GCCS family of systems management
and governance plan structure, including--
(A) organizations involved in program planning and
execution;
(B) the delegation of authorities for programmatic
and technical issues in the development of the GCCS
family of systems, including architecture design and
control, and funding; and
(C) the role of the command and control capabilities
portfolio manager and the Office of Secretary of Defense
oversight agencies.
(8) Such other elements as the Secretary of Defense
considers appropriate.
(c) Coordination.--The report required by subsection (a) shall be
developed jointly by the Vice-Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the Assistant Secretary of
Defense for Networks and Information
[[Page 2241]]
123 STAT. 2241
Integration, the commander of the United States Joint Forces Command,
the Director of Operational Test and Evaluation, and the Director of the
Defense Information Systems Agency.
(d) Interim Report.--Not later than March 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees an interim
report on the activities carried out to prepare the report required by
subsection (a) and the preliminary findings and recommendations of the
Secretary with respect to the plans for the consolidation of the NECC
system with the GCCS family of systems based on such activities.
(e) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 248. 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 with capabilities that include--
(1) extending the effective range of snipers;
(2) meeting service or unit requirements or operational need
statements; or
(3) closing documented capability gaps.
(b) 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.
Subtitle E--Other Matters
SEC. 251. ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT OF
DEFENSE TEST RESOURCE MANAGEMENT CENTER
WITH RESPECT TO THE MAJOR RANGE AND TEST
FACILITY BASE.
(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
[[Page 2242]]
123 STAT. 2242
(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 such records and data of the
Department of Defense (including the appropriate records and data of
each military department and Defense Agency) that are necessary in order
to carry out the duties of the Director under this section.''.
SEC. 252. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION OF
HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY-SERVING
INSTITUTIONS IN DEFENSE RESEARCH PROGRAMS.
(a) Program Established.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2361 the following new
section:
``Sec. 2362. Research and educational programs and activities:
historically black colleges and universities and
minority-serving institutions of higher
education
``(a) Program Established.--The Secretary of Defense, acting through
the Director of Defense Research and Engineering and the Secretary of
each military department, shall carry out a program to provide
assistance to covered educational institutions to assist the Department
in defense-related research, development, testing, and evaluation
activities.
``(b) Program Objective.--The objective of the program established
under subsection (a) is to enhance defense-related research and
education at covered educational institutions. Such objective shall be
accomplished through initiatives designed to--
``(1) enhance the research and educational capabilities of
such institutions in areas of importance to national defense, as
determined by the Secretary;
``(2) encourage the participation of such institutions in
the research, development, testing, and evaluation programs and
activities of the Department of Defense;
``(3) increase the number of graduates from such
institutions engaged in disciplines important to the national
security functions of the Department of Defense, as determined
by the Secretary; and
``(4) encourage research and educational collaborations
between such institutions and other institutions of higher
education, Government defense organizations, and the defense
industry.
[[Page 2243]]
123 STAT. 2243
``(c) Assistance Provided.--Under the program established by
subsection (a), the Secretary of Defense may provide covered educational
institutions with funding or technical assistance, including any of the
following:
``(1) Support for research, development, testing,
evaluation, or educational enhancements in areas important to
national defense through the competitive awarding of grants,
cooperative agreements, contracts, scholarships, fellowships, or
the acquisition of research equipment or instrumentation.
``(2) Support to assist in the attraction and retention of
faculty in scientific disciplines important to the national
security functions of the Department of Defense.
``(3) Establishing partnerships between such institutions
and defense laboratories, Government defense organizations, the
defense industry, and other institutions of higher education in
research, development, testing, and evaluation in areas
important to the national security functions of the Department
of Defense.
``(4) Other such non-monetary assistance as the Secretary
finds appropriate to enhance defense-related research,
development, testing, and evaluation activities at such
institutions.
``(d) Priority for Funding.--The Secretary of Defense may establish
procedures under which the Secretary may give priority in providing
funding under this section to institutions that have not otherwise
received a significant amount of funding from the Department of Defense
for research, development, testing, and evaluation programs supporting
the national security functions of the Department.
``(e) Definition of Covered Educational Institution.--In this
section the term `covered educational institution' means--
``(1) an institution of higher education eligible for
assistance under title III or IV of the Higher Education Act of
1965 (20 U.S.C. 1051 et seq.); or
``(2) an accredited postsecondary minority institution.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2361 the following new item:
``2362. Research and educational programs and activities: historically
black colleges and universities and minority-serving
institutions of higher education.''.
SEC. 253. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Subsection (f) of section 2374a of title 10, United States Code, is
amended by striking ``September 30, 2010'' and inserting ``September 30,
2013''.
SEC. 254. <> AUTHORITY FOR NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTERS TO PARTICIPATE IN MERIT-BASED
TECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAMS.
Section 217(f)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat 2695), as amended by
section 3136 of the National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261), is amended--
[[Page 2244]]
123 STAT. 2244
(1) in subparagraph (A) by inserting ``, of the National
Aeronautics and Space Administration,'' after ``the Department
of Defense''; and
(2) by adding at the end the following new subparagraph (C):
``(C) A federally funded research and development center of the
National Aeronautics and Space Administration that functions primarily
as a research laboratory may respond to broad agency announcements under
programs authorized by the Federal Government for the purpose of
promoting the research, development, demonstration, or transfer of
technology in a manner consistent with the terms and conditions of such
program.''.
SEC. 255. 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 of Defense Robert 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
[[Page 2245]]
123 STAT. 2245
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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Relation to funding table.
Subtitle B--Environmental Provisions
Sec. 311. Clarification of requirement for use of available funds for
Department of Defense participation in conservation banking
programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into
interagency agreements for land management on Department of
Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species
management for military installations in Guam.
Sec. 315. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Former Nansemond Ordnance Depot
Site, Suffolk, Virginia.
Sec. 316. Procurement and use of munitions.
Sec. 317. Prohibition on disposing of waste in open-air burn pits.
[[Page 2246]]
123 STAT. 2246
Sec. 318. Military munitions response sites.
Subtitle C--Workplace and Depot Issues
Sec. 321. Public-private competition required before conversion of any
Department of Defense function performed by civilian
employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions.
Sec. 323. Policy regarding installation of major modifications and
upgrades.
Sec. 324. Modification of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 325. Temporary suspension of public-private competitions for
conversion of Department of Defense functions to performance
by a contractor.
Sec. 326. Requirement for debriefings related to conversion of functions
from performance by Federal employees to performance by a
contractor.
Sec. 327. Amendments to bid protest procedures by Federal employees and
agency officials in conversions of functions from performance
by Federal employees to performance by a contractor.
Sec. 328. Improvement of inventory management practices.
Sec. 329. Modification of date for submittal to Congress of annual
report on funding for public and private performance of
depot-level maintenance and repair workloads.
Subtitle D--Energy Security
Sec. 331. Authorization of appropriations for Director of Operational
Energy.
Sec. 332. Extension and expansion of reporting requirements regarding
Department of Defense energy efficiency programs.
Sec. 333. Report on implementation of Comptroller General
recommendations on fuel demand management at forward-deployed
locations.
Sec. 334. Report on use of renewable fuels to meet energy requirements
of Department of Defense.
Sec. 335. Energy security on Department of Defense installations.
Subtitle E--Reports
Sec. 341. Annual report on procurement of military working dogs.
Sec. 342. Plan for managing vegetative encroachment at training ranges.
Sec. 343. Comptroller General report on the sustainment strategy for the
AV-8B Harrier aircraft.
Sec. 344. Study on Army modularity.
Subtitle F--Other Matters
Sec. 351. Authority for airlift transportation at Department of Defense
rates for non-Department of Defense Federal cargoes.
Sec. 352. Policy on ground combat and camouflage utility uniforms.
Sec. 353. Condition-based maintenance demonstration programs.
Sec. 354. Extension of arsenal support program initiative.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $31,263,332,000.
(2) For the Navy, $35,041,274,000.
(3) For the Marine Corps, $5,543,223,000.
(4) For the Air Force, $34,527,149,000.
(5) For Defense-wide activities, $28,327,396,000.
(6) For the Army Reserve, $2,620,196,000.
(7) For the Naval 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, $6,262,184,000.
[[Page 2247]]
123 STAT. 2247
(11) For the Air National Guard, $5,885,761,000.
(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,
$11,000,000.
(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.
SEC. 302. RELATION TO FUNDING TABLE.
The amounts authorized to be appropriated by section 301 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. CLARIFICATION OF REQUIREMENT FOR USE OF AVAILABLE FUNDS
FOR DEPARTMENT OF DEFENSE PARTICIPATION IN
CONSERVATION BANKING PROGRAMS.
Section 2694c of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``to carry out this
section'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Source of Funds.--Amounts available from any of the following
shall be available for activities under this section:
``(1) Operation and maintenance.
``(2) Military construction.
``(3) Research, development, test, and evaluation.
``(4) The Support for United States Relocation to Guam
Account established under section 2824 of the Military
Construction Act for Fiscal Year 2009 (division B of Public Law
110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).''.
SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT.
(a) Reauthorization.--Section 108 of the Sikes Act (16 U.S.C. 670f)
is amended by striking ``fiscal years 2004 through 2008'' each place it
appears and inserting ``fiscal years 2009 through 2014''.
(b) Clarification of Authorizations.--Such section is further
amended--
(1) in subsection (b), by striking ``There are authorized''
and inserting ``Of the amounts authorized to be appropriated to
the Department of Defense, there are authorized''; and
(2) in subsection (c), by striking ``There are authorized''
and inserting ``Of the amounts authorized to be appropriated to
the Department of the Interior, there are authorized''.
[[Page 2248]]
123 STAT. 2248
SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO ENTER
INTO INTERAGENCY AGREEMENTS FOR LAND
MANAGEMENT ON DEPARTMENT OF DEFENSE
INSTALLATIONS.
(a) Authority.--Section 103a of the Sikes Act (16 U.S.C. 670c-1) is
amended--
(1) in subsection (a)--
(A) by inserting after ``and individuals'' the
following: ``, and into interagency agreements with the
heads of other Federal departments and agencies,''; and
(B) in paragraph (2), by inserting ``or interagency
agreement'' after ``cooperative agreement'';
(2) in subsection (b), by inserting ``or interagency
agreement'' after ``cooperative agreement''; and
(3) in subsection (c), by inserting ``and interagency
agreements'' after ``Cooperative agreements''.
(b) Clerical Amendments.--The heading for such section is amended by
inserting ``and interagency'' after ``cooperative''.
SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE SPECIES
MANAGEMENT FOR MILITARY INSTALLATIONS IN
GUAM.
Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1)) is amended
by striking ``fiscal years 2004 through 2008'' and inserting ``fiscal
years 2009 through 2014''.
SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN COSTS IN CONNECTION WITH THE
FORMER NANSEMOND ORDNANCE DEPOT SITE,
SUFFOLK, VIRGINIA.
(a) Authority to Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of Defense may transfer not more than
$68,623 during fiscal year 2010 to the Former Nansemond Ordnance
Depot Site Special Account, within the Hazardous Substance
Superfund.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is final payment to reimburse the Environmental Protection
Agency for all costs incurred in overseeing a time critical
removal action performed by the Department of Defense under the
Defense Environmental Restoration Program for ordnance and
explosive safety hazards at the Former Nansemond Ordnance Depot
Site, Suffolk, Virginia.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in an interagency agreement
entered into by the Department of the Army and the Environmental
Protection Agency for the Former Nansemond Ordnance Depot Site
in December 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be made
using funds authorized to be appropriated by section 301(18) of this Act
for operation and maintenance for Environmental Restoration, Formerly
Used Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use the
amount transferred under subsection (a) to pay costs incurred by the
agency at the Former Nansemond Ordnance Depot Site.
[[Page 2249]]
123 STAT. 2249
SEC. 316. PROCUREMENT AND USE OF MUNITIONS.
The Secretary of Defense shall--
(1) <> in making decisions with respect to
the procurement of munitions, develop methods to account for the
full life-cycle costs of munitions, including the effects of
failure rates on the cost of disposal;
(2) <> undertake a review of live-fire
practices for the purpose of reducing unexploded ordnance and
munitions-constituent contamination without impeding military
readiness; and
(3) <> not later than 180 days
after the date of the enactment of this Act, submit to Congress
a report on the methods developed pursuant to this section and
the progress of the live-fire review and recommendations for
reducing the life-cycle costs of munitions, unexploded ordnance,
and munitions-constituent contamination.
SEC. 317. <> PROHIBITION ON DISPOSING OF
WASTE IN OPEN-AIR BURN PITS.
(a) Regulations.--
(1) In general.-- <> Not
later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall prescribe regulations prohibiting
the disposal of covered waste in open-air burn pits during
contingency operations except in circumstances in which the
Secretary determines that no alternative disposal method is
feasible. <> Such regulations shall apply
to contingency operations that are ongoing as of the date of the
enactment of this Act, including Operation Iraqi Freedom and
Operation Enduring Freedom, and to contingency operations that
begin after the date of the enactment of this Act.
(2) Notification.--In determining that no alternative
disposal method is feasible for an open-air burn pit pursuant to
regulations prescribed under paragraph (1), the Secretary
shall--
(A) <> not later than 30 days after
such determination is made, submit to the Committees on
Armed Services of the Senate and House of
Representatives notice of such determination, including
the circumstances, reasoning, and methodology that led
to such determination; and
(B) <> after notice
is given under subparagraph (A), for each subsequent
180-day-period during which covered waste is disposed of
in the open-air burn pit covered by such notice, submit
to the Committees on Armed Services of the Senate and
House of Representatives the justifications of the
Secretary for continuing to operate such open-air burn
pit.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the use
of open-air burn pits by the United States Armed Forces. Such report
shall include--
(1) an explanation of the situations and circumstances under
which open-air burn pits are used to dispose of waste during
military exercises and operations worldwide;
(2) a detailed description of the types of waste authorized
to be burned in open-air burn pits;
(3) a plan through which the Secretary intends to develop
and implement alternatives to the use of open-air burn pits;
[[Page 2250]]
123 STAT. 2250
(4) a copy of the regulations required to be prescribed by
subsection (a);
(5) the health and environmental compliance standards the
Secretary has established for military and contractor operations
in Iraq and Afghanistan with regard to solid waste disposal,
including an assessment of whether those standards are being
met;
(6) a description of the environmental, health, and
operational impacts of open-pit burning of plastics and the
feasibility of including plastics in the regulations prescribed
pursuant to subsection (a); and
(7) an assessment of the ability of existing medical
surveillance programs to identify and track exposures to toxic
substances that result from open-air burn pits, including
recommendations for such changes to such programs as would be
required to more accurately identify and track such exposures.
(c) Definitions.--In this section:
(1) The term ``contingency operation'' has the meaning given
that term by section 101(a)(13) of title 10, United States Code.
(2) The term ``covered waste'' includes--
(A) hazardous waste, as defined by section 1004(5)
of the Solid Waste Disposal Act (42 U.S.C. 6903(5));
(B) medical waste; and
(C) other waste as designated by the Secretary.
SEC. 318. MILITARY MUNITIONS RESPONSE SITES.
(a) Information Sharing.--Section 2710(a)(2)(B) of title 10, United
States Code, is amended by inserting ``, including the county, where
applicable,'' after ``political subdivisions of the State''.
(b) Military Munitions Response Program and Installation Restoration
Program.--As part of the annual budget submission of the Secretary of
Defense to Congress, the Secretary shall include the funding levels
requested for the Military Munitions Response Program and the
Installation Restoration Program.
Subtitle C--Workplace and Depot Issues
SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION OF
ANY DEPARTMENT OF DEFENSE FUNCTION
PERFORMED BY CIVILIAN EMPLOYEES TO
CONTRACTOR PERFORMANCE.
(a) Requirement.--Paragraph (1) of section 2461(a) 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.
[[Page 2251]]
123 STAT. 2251
SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE
COMPETITIONS.
(a) Time Limitation.--Section 2461(a) of title 10, United States
Code, as amended by section 321, is further amended by adding at the end
the following new paragraph:
``(5)(A) Except as provided in subparagraph (B), the duration of a
public-private competition conducted pursuant to Office of Management
and Budget Circular A-76 or any other provision of law for any function
of the Department of Defense performed by Department of Defense civilian
employees may not exceed a period of 24 months, commencing on the date
on which the preliminary planning for the public-private competition
begins and ending on the date on which a performance decision is
rendered with respect to the function.
``(B)(i) The Secretary of Defense may specify an alternative period
of time for a public-private competition, which may not exceed 33
months, if the Secretary--
``(I) <> determines that the
competition is of such complexity that it cannot be completed
within 24 months; and
``(II) <> submits to Congress, as part
of the formal congressional notification of a public-private
competition pursuant to subsection (c), written notification
that explains the basis of such determination.
``(ii) The notification under clause (i)(II) shall also address each
of the following:
``(I) Any efforts of the Secretary to break up the study
geographically or functionally.
``(II) The Secretary's justification for undertaking a
public-private competition instead of using internal
reengineering alternatives.
``(III) The cost savings that the Secretary expects to
achieve as a result of the public-private competition.
``(iii) If the Secretary specifies an alternative time period under
this subparagraph, the alternative time period shall be binding on the
Department in the same manner and to the same extent as the limitation
provided in subparagraph (A).
``(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 the filing of a protest
before the Government Accountability Office or a complaint in the United
States Court of Federal Claims up until the day the decision or
recommendation of either authority becomes final. In the case of a
protest before the Government Accountability Office, the recommendation
becomes final after the period of time for filing a request for
reconsideration, or if a request for reconsideration is filed, on the
day the Government Accountability Office issues a decision on the
reconsideration.
``(D) If a protest with respect to a public-private competition
before the Government Accountability Office or the United States Court
of Federal Claims is sustained, and the recommendation is final as
described in subparagraph (C), and if such protest and recommendation
result in an unforeseen delay in implementing a final performance
decision, the Secretary of Defense may terminate the public-private
competition or extend the period of time specified for the public-
private competition under subparagraph (A) or subparagraph (B).
If <> the Secretary decides not to terminate a
competition, the Secretary shall submit to Congress written notice
[[Page 2252]]
123 STAT. 2252
of such decision. Any such notification shall include a justification
for the Secretary's decision and a new time limitation for the
competition, which shall not exceed 12 months from the final decision
and shall be binding on the Department.
``(E) For the purposes of this paragraph, preliminary planning with
respect to a public-private competition, begins on the date on which the
Department of Defense obligates funds for the acquisition of contract
support, or formally assigns Department of Defense personnel, 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.
``(F) <> To
effectively establish the date that is the first day of preliminary
planning for a public-private competition, the head of a military
department shall submit to Congress written notice of such date and
shall provide public notice by announcing such date on an appropriate
Internet website. Such date is the first day of preliminary planning for
a public-private competition for the purpose of computing the duration
of the public private competition for purposes of this section.
``(G) <> The Secretary of Defense shall
submit to the congressional defense committees an annual report on the
use, during the year covered by the report, of alternative time periods
for public-private competitions under this section, and the explanations
of the Secretary for such alternative time periods.''
(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 initiated on or after the date of the enactment of
this Act.
(c) <> Comptroller General Reviews.--Not
later than two years after the date of the enactment of this Act, and
three years thereafter, the Comptroller General shall submit to the
congressional defense committees a report on the use by the Secretary of
Defense of the alternative time period authority under section
2461(a)(5)(B) of title 10, United States Code, and the appropriateness
and thoroughness of the explanations of the Secretary for such use.
SEC. 323. POLICY REGARDING INSTALLATION OF MAJOR MODIFICATIONS AND
UPGRADES.
It is the Sense of Congress that no changes should be made to--
(1) the policy of the Department of Defense that in the
annual allocation of depot-level maintenance and repair required
under section 2466 of title 10, United States Code, the
installation of major modifications and upgrades are considered
to be part of the definition of depot-level maintenance; and
(2) the interpretation and application of that policy as of
the date of the enactment of this Act.
[[Page 2253]]
123 STAT. 2253
SEC. 324. 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. 325. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS FOR
CONVERSION OF DEPARTMENT OF DEFENSE
FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.
(a) Temporary Suspension.-- <> During the period
beginning on the date of the enactment of this Act and ending on the
date that is 30 days after the date on which the Secretary of Defense
submits to the congressional defense committees the certification
required under subsection (d), no study or competition regarding a
public-private competition for the conversion to performance by a
contractor for any function performed by Department of Defense civilian
employees may be begun or announced pursuant to 2461 of title 10, United
States Code, or otherwise pursuant to Office of Management and Budget
Circular A-76.
(b) Review and Report to Congress.--During fiscal year 2010, the
Secretary of Defense, acting through the Under Secretary of Defense for
Personnel Readiness, in consultation with the Under Secretary for
Acquisition, Technology, and Logistics and the Comptroller of the
Department of Defense, shall undertake a comprehensive review of the
policies of the Department of Defense with respect to the conduct of
public-private competitions. The Secretary shall submit to the
congressional defense committees a report on such review not earlier
than June 15, 2010. The review, at a minimum, shall address--
(1) the status of the compliance of the Department with the
requirement of 2461(a)(1) of title 10, United States Code, as
amended by section 321 of this Act;
[[Page 2254]]
123 STAT. 2254
(2) actions taken by the Secretary to address issues raised
in the report of the Department of Defense Inspector General
numbered D-2009-034 and dated December 15, 2008;
(3) the reliability of systems in effect as of the date of
the enactment of this Act to provide comprehensive and reliable
data to track and assess the cost and quality of the performance
of functions that have been subjected to a public-private
competition;
(4) the appropriateness of the cost differential in effect
as of the date of the enactment of this Act for determining the
quantifiable costs and the current overhead rates applied with
respect to such functions; and
(5) the adequacy of the policies of the Department of
Defense in implementing the requirements of section 2461(a)(4)
of title 10, United States Code.
(c) Comptroller General Review.--
<> Not later than 90 days after
the date on which the report required under subsection (b) is submitted
to the congressional defense committees, the Comptroller General shall
conduct an assessment of the review required under paragraph (b) and
shall submit to the congressional defense committees a report on the
findings of such assessment and any conclusions or recommendations of
the Comptroller General based on such assessment.
(d) Certification Required.-- <> The Secretary of Defense shall publish in the Federal
Register and submit to the congressional defense committees
certification that--
(1) the review required by subsection (b) has been
completed, and that the 90-day period during which the
assessment of the Comptroller General is to be completed under
subsection (c) has expired;
(2) the Secretary of Defense has completed and submitted to
the congressional defense committees a complete inventory of
contracts for services for or on behalf of the Department in
compliance with the requirements of subsection (c) of section
2330a of title 10, United States Code;
(3) the Secretary of each military department and the head
of each Defense Agency responsible for activities in the
inventory has initiated the review and planning activities of
subsection (e) of such section; and
(4) the Secretary of Defense has submitted budget
information on contract services in compliance with the
requirements of section 236 of title 10, United States Code.
SEC. 326. <> REQUIREMENT FOR DEBRIEFINGS
RELATED TO CONVERSION OF FUNCTIONS FROM
PERFORMANCE BY FEDERAL EMPLOYEES TO
PERFORMANCE BY A CONTRACTOR.
The Administrator for Federal Procurement Policy shall revise the
Federal Acquisition Regulation to allow for debriefings of Federal
employee representatives designated pursuant to 3551(2)(B) of title 31,
United States Code, to the same extent and under the same circumstances
as any offeror, in the case of a conversion of any function from
performance by Federal employees to performance by a contractor. Such
debriefings will conform to the requirements of section 2305(b)(6)(A) of
title 10, United States Code, section 303B(f) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253b(f)), and
subparts 15.505 and 15.506 (as
[[Page 2255]]
123 STAT. 2255
in effect on the date of the enactment of this Act ) of the Federal
Acquisition Regulation.
SEC. 327. AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL
EMPLOYEES AND AGENCY OFFICIALS IN
CONVERSIONS OF FUNCTIONS FROM PERFORMANCE
BY FEDERAL EMPLOYEES TO PERFORMANCE BY A
CONTRACTOR.
(a) Protest Jurisdiction of the Comptroller General.--Section
3551(1) of title 31, United States Code, is amended by adding at the end
the following new subparagraph:
``(E) Conversion of a function that is being
performed by Federal employees to private sector
performance.''.
(b) Eligibility to Protest Public-private Competitions.--Clause (i)
of paragraph (2)(B) of section 3551 of title 31, United States Code, is
amended to read as follows:
``(i) any official who is responsible for
submitting the agency tender in such competition;
and''.
(c) Decisions on Protests.--Section 3554(b) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (C) through (G) as
subparagraphs (D) through (H), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) cancel the solicitation issued pursuant to the
public-private competition conducted under Office of
Management and Budget Circular A-76 or any successor
circular;''; and
(3) in subparagraph (G), as redesignated by paragraph (1),
by striking ``, and (E)'' and inserting ``, (E), and (F)''.
(d) Applicability.-- <> The amendments made
by this section shall apply--
(1) to any protest or civil action that relates to a public-
private competition conducted after the date of the enactment of
this Act under Office of Management and Budget Circular A-76, or
any successor circular; and
(2) to a decision made after the date of the enactment of
this Act to convert a function performed by Federal employees to
private sector performance without a competition under Office of
Management and Budget Circular A-76.
SEC. 328. <> 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
[[Page 2256]]
123 STAT. 2256
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 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. 329. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS OF ANNUAL
REPORT ON FUNDING FOR PUBLIC AND PRIVATE
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND
REPAIR WORKLOADS.
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''.
[[Page 2257]]
123 STAT. 2257
Subtitle D--Energy Security
SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF
OPERATIONAL ENERGY.
Of the amounts authorized to be appropriated for Operation and
Maintenance, Defense-wide, $5,000,000 is for the Director of Operational
Energy Plans and Programs to carry out the duties prescribed for the
Director under section 139b of title 10, United States Code, to be made
available upon the confirmation of an individual to serve as the
Director of Operational Energy Plans and Programs.
SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS
REGARDING DEPARTMENT OF DEFENSE ENERGY
EFFICIENCY PROGRAMS.
(a) New Reporting Requirements.--Section 2925(a) of title 10, United
States Code, is amended--
(1) in paragraph (1), by inserting after ``(Public Law 109-
58),'' the following: ``section 2911(e) of this title, section
533 of the National Energy Conservation Policy Act (42 U.S.C.
8259b),'';
(2) by redesignating paragraphs (2) through (6) as
paragraphs (4) through (8), respectively;
(3) by inserting after paragraph (1) the following new
paragraphs (2) and (3):
``(2) A table detailing funding, by account, for all energy
projects funded through appropriations.
``(3) A table listing all energy projects financed through
third party financing mechanisms (including energy savings
performance contracts, enhanced use leases, utility energy
service contracts, utility privatization agreements, and other
contractual mechanisms), the duration of each such mechanism, an
estimate of the financial obligation incurred through the
duration of each such mechanism, and the estimated payback
period for each such mechanism.''; and
(4) by adding at the end the following new paragraphs:
``(9) 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.
``(10) 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 2925(a)
of title 10, United States Code, 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, as so amended, the following:
(1) <> A determination of whether the
tools that exist as of the date of the enactment of this Act,
including the Energy Conservation Investment Program and the
Energy Savings Performance Contracts Program, are sufficient to
support renewable energy projects to achieve the Department's
installation energy goals, or if new funding mechanisms would be
beneficial.
[[Page 2258]]
123 STAT. 2258
(2) 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.
(3) 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.
(4) A determination of the cost and feasibility of
developing or acquiring equipment or systems that would result
in maximized use of renewable energy sources at contingency
locations.
(5) An assessment of the feasibility of meeting the
Department's renewable energy goals with on-base renewable
energy production rather than with renewable energy credits.
(6) An analysis of the percentage of new construction
projects subject to the Department's current building
construction sustainable design standards (Leadership in Energy
and Environmental Design standards) that include a renewable
energy component, and a determination as to whether the criteria
of the Department's design standards, as in effect on the date
of the enactment of this Act, are consistent with the overall
goals, including renewable energy goals, of the Secretary.
(7) The feasibility and cost of developing net-zero energy
installations and a detailed assessment, by installation, of
power production (including renewable energy) measured against
energy consumption.
(8) A determination of whether a dedicated funding mechanism
for renewable energy projects for stand-alone facilities,
including National Guard and Reserve centers, would encourage
greater use of renewable energy sources both at existing
facilities and in new construction.
(c) Comptroller General Review.--Not later than 180 days after the
date on which the Secretary of Defense submits the supplemental report
required under subsection (b), the Comptroller General shall review the
supplemental report and submit to Congress a report on such review. The
Comptroller General may conduct such independent analysis of any issues
covered by such supplemental report, as necessary in furtherance of the
requirements of this section.
SEC. 333. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT
AT FORWARD-DEPLOYED LOCATIONS.
Not later than February 1, 2010, the Director of Operational Energy
Plans and Programs of the Department of Defense (or, in the event that
no individual has been confirmed as the Director, the Secretary of
Defense) shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on any specific actions that have
been taken to implement the following three recommendations made by the
Comptroller General:
(1) The recommendation that each of the combatant commanders
establish requirements for managing fuel demand at forward-
deployed locations within their respective areas of
responsibility.
(2) The recommendation that the head of each military
department develop guidance to implement such requirements.
[[Page 2259]]
123 STAT. 2259
(3) The recommendation that the Chairman of the Joint Chiefs
of Staff require that fuel demand considerations be incorporated
into the Joint Staff's initiative to develop joint standards of
life support at forward-deployed locations.
SEC. 334. REPORT ON USE OF RENEWABLE FUELS TO MEET ENERGY
REQUIREMENTS OF DEPARTMENT OF DEFENSE.
Not later than February 1, 2010, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the use and potential use of renewable fuels
in meeting the energy requirements of the Department of Defense. Such
report shall include each of the following:
(1) An assessment of the use of renewable fuels, including
domestically produced algae-based, biodiesel, and biomass-
derived fuels, as alternative fuels in aviation, maritime, and
ground transportation fleets (including tactical vehicles and
applications). Such assessment shall include technical,
logistical, and policy considerations.
(2) An assessment of whether it would be beneficial to
establish a renewable fuel commodity class that is distinct from
petroleum-based products.
SEC. 335. <> 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.
(D) An estimate of and consideration for the costs
to the Department associated with implementation of the
strategy.
(b) Work With Non-Department of Defense Entities.--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.
[[Page 2260]]
123 STAT. 2260
Subtitle E--Reports
SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILITARY WORKING DOGS.
Section 358 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4427; 10 U.S.C. 2302
note) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Report.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2010, and annually thereafter for each of the following five years, the
Secretary, acting through the Executive Agent, shall submit to the
congressional defense committees a report on the procurement of military
working dogs for the fiscal year preceding the fiscal year during which
the report is submitted. Such a report may be combined with the report
required under section 2583(f) of title 10, United States Code, for the
same fiscal year as the fiscal year covered by the report under this
subsection. Each report under this subsection shall include the
following for the fiscal year covered by the report:
``(1) The number of military working dogs procured, by
source, by each military department or Defense Agency.
``(2) The cost of procuring military working dogs incurred
by each military department or Defense Agency.
``(3) An explanation for any significant difference in the
cost of procuring military working dogs from different
sources.''.
SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT TRAINING
RANGES.
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 that includes the following:
(1) 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.
(2) An identification of the particular installations and
training areas at which vegetation and overgrowth negatively
impact the use of training space.
(3) A plan to address training constraints caused by
vegetation and overgrowth.
SEC. 343. COMPTROLLER GENERAL REPORT ON THE SUSTAINMENT STRATEGY
FOR THE AV-8B HARRIER AIRCRAFT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the sustainment strategy
for the AV-8B Harrier aircraft.
(b) Matters Covered.--The report under subsection (a) shall include,
at a minimum, each of the following:
(1) An assessment of the AV-8B Integrated Maintenance
Concept, including the acquisition strategy developed to conduct
planned maintenance interval events.
(2) An evaluation of the process and criteria established to
determine the assignment of non-core workload.
[[Page 2261]]
123 STAT. 2261
(3) An examination of the role of the single process owner
in distribution of non-core workload, standardization of
workload processes, facilitation of public-private partnering,
implementation of lessons learned, and execution of contracting
authority.
(4) An evaluation of the execution of responsibilities by
the single process owner to reduce planned maintenance interval
turn-around time, to reduce cost, to improve material
availability, and to ensure necessary logistics and engineering
functions are in place to meet objective goals.
SEC. 344. 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 for the conduct of a study on
the current and planned modularity structures of the Army to
determine each of the following:
(A) The operational capability of the Army to
execute the core mission of the Army to contribute land
power to joint operations.
(B) The ability to manage the flexibility and
versatility of Army forces across the range of military
operations.
(C) The tactical, operational, and strategic risk
associated with the heavy, medium, and light modular
combat brigades and functional support and sustainment
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 historical experience of the Army with
separate brigade structures.
(B) The original Army analysis or other relevant
analyses, including explicit or implicit assumptions,
upon which the modular brigade combat team, functional
support and sustainment brigades, and higher
headquarters' designs were based.
(C) Subsequent analysis that confirmed or modified
the original designs.
(D) Lessons learned from Operation Iraqi Freedom and
Operation Enduring Freedom, including an identification
and analysis of how modular brigades or formations were
task organized and employed that may have differed from
the original modular concept and how that confirmed or
modified the original designs.
(E) Improvements the Army has made or is
implementing in brigade and headquarters designs.
(F) The deployability, employability, and
sustainability of modular formations compared to the
corresponding pre-modular designs of such formations.
(3) Access to information.--The Secretary of Defense and the
Secretary of the Army shall ensure that the Federally Funded
Research and Development Center conducting the study required
under subsection (a) has access to all necessary data, records,
analysis, personnel, and other resources necessary to complete
the study.
[[Page 2262]]
123 STAT. 2262
(b) Report.--
(1) In general.--Not later than December 31, 2010, the
Secretary of Defense shall submit to the congressional defense
committees a report containing--
(A) the results of the study conducted under
subsection (a), together with the comments of the
Secretary of Defense on the findings contained in the
study; and
(B) the separate and independent comments of the
Secretary of the Army on the findings contained in the
study.
(2) Classified annex.--The report shall be in unclassified
form, but may contain a classified annex.
Subtitle F--Other Matters
SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT DEPARTMENT OF
DEFENSE RATES FOR NON-DEPARTMENT OF
DEFENSE FEDERAL CARGOES.
(a) In General.--Section 2642(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) <> During the five-year period
beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2010, for military airlift
services provided to any element of the Federal Government
outside the Department of Defense in circumstances other than
those specified in paragraphs (1) and (2), but only if the
Secretary of Defense determines that the provision of such
services will promote the improved use of airlift capacity
without any negative effect on the national security objectives
or the national security interests contained within the United
States commercial air industry.''.
(b) Annual Report.--Not later than March 1 of each year for which
the paragraph (3) of section 2642(a) of title 10, United States Code, as
added by subsection (a), is in effect, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives an annual report describing, in detail, the Secretary's
use of the authority under that paragraph, including--
(1) how the authority was used;
(2) the frequency with which the authority was used;
(3) the Secretary's rationale for the use of the authority;
and
(4) for which agencies the authority was used.
SEC. 352. <> POLICY ON GROUND COMBAT
AND CAMOUFLAGE UTILITY UNIFORMS.
(a) Establishment of Policy.--It is the policy of the United States
that the design and fielding of all future ground combat and camouflage
utility uniforms of the Armed Forces may uniquely reflect the identity
of the individual military services, as long as such ground combat and
camouflage utility uniforms, to the maximum extent practicable--
(1) provide members of every military service an equivalent
level of performance, functionality, and protection commensurate
with their respective assigned combat missions;
[[Page 2263]]
123 STAT. 2263
(2) minimize risk to the individual soldier, sailor, airman,
or marine operating in the joint battlespace; and
(3) provide interoperability with other components of
individual war fighter systems, including body armor and other
individual protective systems.
(b) Comptroller General Assessment.--The Comptroller General shall
conduct an assessment of the ground combat uniforms and camouflage
utility uniforms currently in use in the Department of Defense. The
assessment shall examine, at a minimum, each of the following:
(1) The overall performance of each uniform in various
anticipated combat environments and theaters of operations.
(2) Whether the uniform design of each uniform conforms
adequately and is interoperable with currently issued personal
protective gear and body armor.
(3) Costs associated with the design, development,
production, procurement, and fielding of existing service-
specific ground combat and camouflage utility uniforms.
(4) Challenges and risks associated with fielding members of
the Armed Forces into combat theaters in unique or service-
specific ground combat or camouflage utility uniforms, including
the tactical risk to the individuals serving in individual
augmentee, in-lieu of force, or joint duty assignments of use of
different ground combat uniforms in a combat environment.
(5) Implications of the use of patents and other proprietary
measures that may preclude sharing of technology, advanced
uniform design, camouflage techniques, and fire retardence.
(6) Logistical requirements to field and support forces in
varying combat or utility uniforms.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees the results of the assessment conducted
under subsection (b).
(d) <> Requirement for Joint Criteria.--In support
of the policy established in subsection (a), the Secretaries of the
military departments, consistent with the authority set out in subtitles
B, C, and D of title 10, United States Code, shall establish joint
criteria for future ground combat uniforms by not later than 270 days
after the Comptroller General submits the report required under
subsection (c). The joint criteria shall take into account the findings
and recommendations of such report and ensure that new technologies,
advanced materials, and other advances in ground combat uniform design
may be shared between the military services and are not precluded from
being adapted for use by any military service due to military service-
unique proprietary arrangements.
SEC. 353. CONDITION-BASED MAINTENANCE DEMONSTRATION PROGRAMS.
(a) Tactical Wheeled Vehicles Program.--The Secretary of the Army
may conduct a 12-month condition-based maintenance demonstration program
on selected vehicle systems that include on-board diagnostic systems
suitable to such a demonstration program.
(b) Surface Combatant Ship Program.--The Secretary of the Navy may
conduct a 12-month demonstration program on selected systems or
components of surface combatant ships that include
[[Page 2264]]
123 STAT. 2264
integral diagnostic systems suitable to such a demonstration program.
(c) Issues to Be Addressed.--The demonstration programs described in
subsections (a) and (b) shall address, with respect to each vehicle,
system, or component for which the program is conducted--
(1) the top 10 maintenance issues;
(2) non-evidence of failures; and
(3) the projected return on investment analysis for a 10-
year period.
(d) Open Architecture.--The design, system integration, and
operations of the demonstration programs described in subsections (a)
and (b) shall be conducted with an open architecture designed to--
(1) facilitate interface with industry standard computer
languages, common software systems, diagnostics tools, reference
models, diagnostics reasoners, electronic libraries, and user
interfaces for multiple ship and vehicle types; and
(2) promote competition and ensure the best overall value to
the Department of Defense.
(e) Report.--Not later than October 1, 2010, the Secretary of the
Army and the Secretary of the Navy shall jointly submit to the
congressional defense committees a report containing the assessments of
each of the Secretaries with respect to whether the respective military
department could reduce maintenance costs and improve operational
readiness by implementing condition-based maintenance for the current
and future tactical wheeled vehicle fleets and Navy surface combatants.
SEC. 354. 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 further amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (g)(1), by striking ``2010'' and inserting
``2011''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army active-duty end
strengths for fiscal years 2011 and 2012.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Submittal of options for creation of Trainees, Transients,
Holdees, and Students account for the Army National Guard.
Sec. 417. Report on requirements of the National Guard for non-dual
status technicians.
[[Page 2265]]
123 STAT. 2265
Sec. 418. Expansion of authority of Secretaries of the military
departments to increase certain end strengths to include
Selected Reserve end strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Repeal of delayed one-time shift of military retirement
payments.
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, 562,400.
(2) The Navy, 328,800.
(3) The Marine Corps, 202,100.
(4) The Air Force, 331,700.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 547,400.
``(2) For the Navy, 328,800.
``(3) For the Marine Corps, 202,100.
``(4) For the Air Force, 331,700.''.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-DUTY
END STRENGTHS FOR FISCAL YEARS 2011 AND
2012.
(a) Authority to Increase Army Active-duty End Strengths.--
(1) Authority.--For each of fiscal years 2011 and 2012, the
Secretary of Defense may, as the Secretary determines necessary
for the purposes specified in paragraph (2), establish the
active-duty end strength for the Army at a number greater than
the number otherwise authorized by law up to the number equal to
the fiscal-year 2010 baseline plus 30,000.
(2) Purpose of increases.--The purposes for which increases
may be made in Army active-duty end strengths under paragraph
(1) are--
(A) to support operational missions; and
(B) to achieve reorganizational objectives,
including increased unit manning, force stabilization
and shaping, and supporting wounded warriors.
(3) Fiscal-year 2010 baseline.--In this subsection, the term
``fiscal-year 2010 baseline'', means the active-duty end
strength authorized for the Army in section 401(1).
(4) Active-duty end strength.--In this subsection, the term
``active-duty end strength'' means the strength for active-duty
personnel of one the Armed Forces as of the last day of a fiscal
year.
(b) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the President's authority under
section 123a of title 10, United States Code, to waive any statutory end
strength in a time of war or national emergency.
(c) Relationship to Other Variance Authority.--The authority under
subsection (a) is in addition to the authority to
[[Page 2266]]
123 STAT. 2266
vary authorized end strengths that is provided in subsections (e) and
(f) of section 115 of title 10, United States Code.
(d) Budget Treatment.--If the Secretary of Defense determines under
subsection (a) that an increase in the Army active-duty end strength for
a fiscal year is necessary, then the budget for the Department of
Defense for that fiscal year as submitted to the President shall include
the amounts necessary for funding that active-duty end strength in
excess of the fiscal year 2010 active-duty end strength authorized for
the Army under section 401(1).
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2010, as follows:
(1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 65,500.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 69,500.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2010,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,818.
(4) The Marine Corps Reserve, 2,261.
[[Page 2267]]
123 STAT. 2267
(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. SUBMITTAL OF OPTIONS FOR CREATION OF TRAINEES,
TRANSIENTS, HOLDEES, AND STUDENTS 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 evaluating options, and
including a recommendation, for the creation of a Trainees, Transients,
Holdees, and Students Account within the Army National Guard.
[[Page 2268]]
123 STAT. 2268
(b) Elements.--The report required by subsection (a) shall address,
at a minimum, the following:
(1) The timelines, cost, force structure changes, and end
strength changes associated with each option specified in the
report.
(2) The force structure and end strength changes and growth
of the Army National Guard needed to support the account
referred to in subsection (a).
(3) An assessment of how the creation of such an account may
affect plans under the Grow the Force initiative.
(4) An assessment of the impact of such an account on
readiness and training ratings for Army National Guard forces.
SEC. 417. 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.
(4) A description of the demands of the National Guard for
non-dual status technicians under the current operational tempo,
and a description of the current and anticipated demands of the
National Guard for non-dual status technicians as a result of
the National Guard moving from a reserve force to an operational
force.
(5) An assessment whether an increase in the limit on the
number of non-dual status technicians for the National Guard is
advisable.
(6) Such specific recommendations, including recommendations
for legislative action, as the Secretary of Defense considers
appropriate regarding future requirements and numbers of non-
dual status technicians that are required to manage and support
the National Guard.
(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.
SEC. 418. EXPANSION OF AUTHORITY OF SECRETARIES OF THE MILITARY
DEPARTMENTS TO INCREASE CERTAIN END
STRENGTHS TO INCLUDE SELECTED RESERVE END
STRENGTHS.
Subsection (g) of section 115 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--
[[Page 2269]]
123 STAT. 2269
``(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)(A) of the end strength for an
armed force for a fiscal year shall be counted as part of the increase
for that armed force for that fiscal year authorized under subsection
(f)(1). Any increase under paragraph (1)(B) of the end strength for the
Selected Reserve of a reserve component of an armed force for a fiscal
year shall be counted as part of the increase for that Selected Reserve
for that fiscal year authorized under subsection (f)(3).''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Department of Defense for military personnel for
fiscal year 2010 a total of $136,016,281,000.
(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.
SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILITARY RETIREMENT
PAYMENTS.
(a) Repeal.--Section 1002 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4581) is repealed.
(b) Effect on Earlier Transfer.--The repeal of section 1002 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 by
subsection (a) shall not affect the validity of the transfer of funds
made pursuant to subsection (e) of such section before the date of the
enactment of this Act.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of
Staff.
Sec. 502. Modification of limitations on general and flag officers on
active duty.
Sec. 503. Revisions to annual reporting requirement on joint officer
management.
Sec. 504. Extension of temporary increase in maximum number of days
leave members may accumulate and carryover.
[[Page 2270]]
123 STAT. 2270
Sec. 505. Computation of retirement eligibility for enlisted members of
the Navy who complete the Seaman to Admiral (STA-21) officer
candidate program.
Sec. 506. Independent review of judge advocate requirements of the
Department of the Navy.
Subtitle B--General Service Authorities
Sec. 511. Continuation on active duty of reserve component members
during physical disability evaluation following mobilization
and deployment.
Sec. 512. Medical examination required before administrative separation
of members diagnosed with or reasonably asserting post-
traumatic stress disorder or traumatic brain injury.
Sec. 513. Legal assistance for additional reserve component members.
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization
training for Reserve units when certain suspension of
training is likely.
Sec. 515. Evaluation of test of utility of test preparation guides and
education programs in improving qualifications of recruits
for the Armed Forces.
Sec. 516. Report on presence in the Armed Forces of members associated
or affiliated with groups engaged in prohibited activities.
Subtitle C--Education and Training
Sec. 521. Detail of commissioned officers as students at schools of
psychology.
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army
Reserve Officers' Training Corps at military junior colleges
as cadets in Army Reserve or Army National Guard of the
United States.
Sec. 523. Expansion of criteria for appointment as member of the Board
of Regents of the Uniformed Services University of the Health
Sciences.
Sec. 524. Use of Armed Forces Health Professions Scholarship and
Financial Assistance program to increase number of health
professionals with skills to assist in providing mental
health care.
Sec. 525. Department of Defense undergraduate nurse training program.
Sec. 526. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 527. Appointments to military service academies from nominations
made by Delegate from the Commonwealth of the Northern
Mariana Islands.
Sec. 528. Athletic association for the Air Force Academy.
Sec. 529. Language training centers for members of the Armed Forces and
civilian employees of the Department of Defense.
Subtitle D--Defense Dependents' Education
Sec. 531. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 532. Impact aid for children with severe disabilities.
Sec. 533. Two-year extension of authority for assistance to local
educational agencies with enrollment changes due to base
closures, force structure changes, or force relocations.
Sec. 534. Authority to extend eligibility for enrollment in Department
of Defense elementary and secondary schools to certain
additional categories of dependents.
Sec. 535. Permanent authority for enrollment in defense dependents'
education system of dependents of foreign military members
assigned to Supreme Headquarters Allied Powers, Europe.
Sec. 536. Determination of number of weighted student units for local
educational agencies for receipt of basic support payments
under impact aid.
Sec. 537. Study on options for educational opportunities for dependent
children of members of the Armed Forces when public schools
attended by such children are determined to need improvement.
Sec. 538. Comptroller General audit of assistance to local educational
agencies for dependent children of members of the Armed
Forces.
Sec. 539. Sense of Congress on the Interstate Compact on Educational
Opportunity for Military Children.
Subtitle E--Missing or Deceased Persons
Sec. 541. Additional requirements for accounting for members of the
Armed Forces and Department of Defense civilian employees
listed as missing in conflicts occurring before enactment of
new system for accounting for missing persons.
Sec. 542. Policy and procedures on media access and attendance by family
members at ceremonies for the dignified transfer of remains
of members of the Armed Forces who die overseas.
[[Page 2271]]
123 STAT. 2271
Sec. 543. Report on expansion of authority of a member to designate
persons to direct disposition of the remains of a deceased
member.
Sec. 544. Sense of Congress on the recovery of the remains of members of
the Armed Forces who were killed during World War II in the
battle of Tarawa Atoll.
Subtitle F--Decorations and Awards
Sec. 551. Authorization and request for award of Medal of Honor to
Anthony T. Kaho'ohanohano for acts of valor during the Korean
War.
Sec. 552. Authorization and request for award of Distinguished-Service
Cross to Jack T. Stewart for acts of valor during the Vietnam
War.
Sec. 553. Authorization and request for award of Distinguished-Service
Cross to William T. Miles, Jr., for acts of valor during the
Korean War.
Subtitle G--Military Family Readiness Matters
Sec. 561. Establishment of online resources to provide information about
benefits and services available to members of the Armed
Forces and their families.
Sec. 562. Additional members on Department of Defense Military Family
Readiness Council.
Sec. 563. Support for military families with special needs.
Sec. 564. Pilot program to secure internships for military spouses with
Federal agencies.
Sec. 565. Family and medical leave for family of servicemembers.
Sec. 566. Deadline for report on sexual assault in the Armed Forces by
Defense Task Force on Sexual Assault in the Military
Services.
Sec. 567. Improved prevention and response to allegations of sexual
assault involving members of the Armed Forces.
Sec. 568. Comptroller General report on progress made in implementing
recommendations to reduce domestic violence in military
families.
Sec. 569. Report on impact of domestic violence on military families.
Sec. 570. Report on international intrafamilial abduction of children of
members of the Armed Forces.
Sec. 571. Assessment of impact of deployment of members of the Armed
Forces on their dependent children.
Sec. 572. Report on child custody litigation involving service of
members of the Armed Forces.
Sec. 573. Comptroller General report on child care assistance for
members of the Armed Forces.
Subtitle H--Military Voting
Sec. 575. Short title.
Sec. 576. Clarification regarding delegation of State responsibilities
to local jurisdictions.
Sec. 577. Establishment of procedures for absent uniformed services
voters and overseas voters to request and for States to send
voter registration applications and absentee ballot
applications by mail and electronically.
Sec. 578. Establishment of procedures for States to transmit blank
absentee ballots by mail and electronically to absent
uniformed services voters and overseas voters.
Sec. 579. Ensuring absent uniformed services voters and overseas voters
have time to vote.
Sec. 580. Procedures for collection and delivery of marked absentee
ballots of absent overseas uniformed services voters.
Sec. 581. Federal write-in absentee ballot.
Sec. 582. Prohibiting refusal to accept voter registration and absentee
ballot applications, marked absentee ballots, and Federal
write-in absentee ballots for failure to meet certain
requirements.
Sec. 583. Federal Voting Assistance Program Improvements.
Sec. 584. Development of standards for reporting and storing certain
data.
Sec. 585. Repeal of provisions relating to use of single application for
all subsequent elections.
Sec. 586. Reporting requirements.
Sec. 587. Annual report on enforcement.
Sec. 588. Requirements payments.
Sec. 589. Technology pilot program.
Subtitle I--Other Matters
Sec. 591. Clarification of performance policies for military musical
units and musicians.
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.
[[Page 2272]]
123 STAT. 2272
Sec. 593. Modification of matching fund requirements under National
Guard Youth Challenge Program.
Sec. 594. Expansion of Military Leadership Diversity Commission to
include reserve component representatives.
Sec. 595. Expansion of suicide prevention and community healing and
response training under the Yellow Ribbon Reintegration
Program.
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of
substance use disorders and disposition of substance abuse
offenders in the Armed Forces.
Sec. 597. Reports on Yellow Ribbon Reintegration Program and other
reintegration programs.
Sec. 598. Reports on progress in completion of certain incident
information management tools.
Subtitle A--Officer Personnel Policy
SEC. 501. 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. 502. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS
ON ACTIVE DUTY.
(a) Report on Statutes Excluding Certain Officers on Active Duty in
General and Flag Officer Grades From Limitations on Authorized Strengths
of General and Flag Officers on Active Duty.--Not later than April 1,
2010, the Secretary of Defense shall submit to the Committees on Armed
Forces of the Senate and the House of Representatives a report setting
forth the following:
(1) An assessment of the provisions of title 10, United
States Code, that exclude commissioned officers of the Armed
Forces on active duty in general officer and flag officer grades
from the limitations on the authorized strengths of general and
flag officers, including--
(A) a list of each such provision; and
(B) for each such provision--
(i) a statement whether such provision is
redundant or necessary in light of recent
legislation on such provision or related
provisions; and
(ii) an assessment of the impact of the repeal
of such provision on the Department of Defense.
(2) A specific, comprehensive description of the legislative
actions, including technical and conforming changes, necessary
to conform sections 525, 526, and 528 of title 10, United States
Code (and any other applicable provisions of such title), with
the assessment required by paragraph (1) with a view towards
increasing the transparency and comprehensiveness on the number
of general and flag officers serving on active duty.
(3) An assessment of the following:
(A) Whether the authorized numbers of general and
flag officers in an active status under section 12004(a)
of title 10, United States Code, are adequate to provide
[[Page 2273]]
123 STAT. 2273
the reserve components with a sufficient number of
general and flag officers in an active status in order
to meet increased authorizations for active duty
service.
(B) Whether such numbers of general and flag
officers provide the general and flag officers of the
reserve components with appropriate opportunities for
joint responsibility and joint officer development while
simultaneously meeting reserve active-status
requirements
(C) Whether legislative action with respect to
section 12004(a) of title 10, United States Code, is
necessary to achieve the purposes specified in
subparagraphs (A) and (B) and, if so, a specific,
comprehensive description of such legislative actions.
(4) An assessment of the following:
(A) Whether the requirements for general and flag
officer positions resulting from recommendations for
statutory authority to specify the grade of the Chief of
the Navy Dental Corps, the Chief and Deputy Chief of
Chaplains in the Air Force, the Chief of the Army
Medical Specialist Corps, and to establish the position
of Vice Chief of the National Guard Bureau, are
necessary in light of recent legislative modifications
of applicable provisions of law.
(B) The impact on the Department of each provision.
(C) If supported, the necessary technical and
conforming changes that may be necessary to conform
sections 535, 526, 528, and 12004 of title 10, United
States Code, to increase the transparency and
comprehensiveness of the number of general and flag
officers on active duty or in an active status.
(b) 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;
[[Page 2274]]
123 STAT. 2274
``(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).''.
(c) 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''.
[[Page 2275]]
123 STAT. 2275
(d) 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)(1) The limitations of this section do not apply to a reserve
component general or flag officer who is on active duty for a period in
excess of 365 days, but not to exceed three years, except that the
number of officers from each reserve component who are covered by this
subsection and is not serving in a position that is a joint duty
assignment for purposes of chapter 38 of this title may not exceed 5 per
component, unless authorized by the Secretary of Defense
``(2) <> The exception in paragraph (1) does
apply to the position of Chief of the National Guard Bureau.
``(3) <> Not later than 30 days after
authorizing a number of reserve component general or flag officers in
excess of the number specified in paragraph (1), the Secretary of
Defense shall notify the Committees on Armed Services of the Senate and
the House of Representatives of such authorization, and shall include
with such notice a statement of the reason for such authorization.''.
(e) 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''.
(f) 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 (5); 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--
[[Page 2276]]
123 STAT. 2276
``(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.
``(4) <> Not later than 30 days after
determining to raise or lower a number specified in paragraph (2), the
Secretary of Defense shall notify the Committees on Armed Services of
the Senate and the House of Representatives of such determination.''.
(g) 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 for a period in
excess of 365 days but not to exceed three years, except that the number
of such officers from each reserve component who are covered by this
paragraph and not serving in a position that is a joint duty assignment
for purposes of chapter 38 of this title may not exceed 5 per component,
unless authorized by the Secretary of Defense.''; 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. The Secretary of Defense may authorize the Secretary of a
military department to extend the 60-day period by an additional 120
days, except that not more than three officers on active duty from each
armed force may be covered by an extension under this sentence at the
same time.''.
(h) Exclusion of Reserve Officers Departing From Joint or Other
Active Duty Assignments.--Section 12004 of such title is amended by
adding at the end the following new subsection:
``(f) The limitations in subsection (a) do not apply to an officer
released from a joint duty assignment or other non-joint active duty
assignment, but only during the 60-day period beginning on the date the
officer departs the joint duty or other active duty assignment. The
Secretary of Defense may authorize the Secretary of a military
department to extend the 60-day period by an additional 120 days, except
that not more than three officers in an active status from each reserve
component may be covered by an extension under this sentence at the same
time.''.
(i) Repeal of Limitations on General and Flag Officer Activities
Outside the Officer's Own Service.--
(1) Repeal.--Section 721 of such title is repealed.
[[Page 2277]]
123 STAT. 2277
(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.
(j) 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. 503. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT
OFFICER MANAGEMENT.
Section 667 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and their
education and experience''; and
(B) by adding at the end the following new
subparagraph:
``(C) A comparison of the number of officers who were
designated as a joint qualified officer who had served in a
Joint Duty Assignment List billet and completed Joint
Professional Military Education Phase II, with the number
designated as a joint qualified officer based on their
aggregated joint experiences and completion of Joint
Professional Military Education Phase II.'';
(2) by striking paragraphs (3), (4), (6), and (12);
(3) by redesignating paragraph (5) as paragraph (3);
(4) by redesignating paragraphs (7) through (11) as
paragraphs (4) through (8), respectively;
(5) by inserting after paragraph (8), as so redesignated,
the following new paragraph:
``(9) With regard to the principal courses of instruction
for Joint Professional Military Education Level II, the number
of officers graduating from each of the following:
``(A) The Joint Forces Staff College.
``(B) The National Defense University.
``(C) Senior Service Schools.''; and
(6) by redesignating paragraph (13) as paragraph (10).
SEC. 504. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM NUMBER OF
DAYS LEAVE MEMBERS MAY ACCUMULATE AND
CARRYOVER.
Section 701(d) of title 10, United States Code, is amended by
striking ``December 31, 2010'' and inserting ``September 30, 2013''.
SEC. 505. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED
MEMBERS OF THE NAVY WHO COMPLETE THE
SEAMAN TO ADMIRAL (STA-21) OFFICER
CANDIDATE PROGRAM.
Section 6328 of title 10, United States Code, is amended by adding
the following new subsection:
``(c) Time Spent in Seaman to Admiral Program.--The months of active
service in pursuit of a baccalaureate-level degree under the Seaman to
Admiral (STA-21) program of the Navy of officer candidates selected for
the program on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2010 shall be excluded in
computing the years of service of an officer who was appointed to the
grade of ensign in the Navy upon completion of the program to determine
the eligibility of the officer for retirement, unless the officer
becomes subject
[[Page 2278]]
123 STAT. 2278
to involuntary separation or retirement due to physical disability. Such
active service shall be counted in computing the years of active service
of the officer for all other purposes.''.
SEC. 506. 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 Armed Forces, or
the current responsibilities of 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) Deadline for appointments.--All original appointments to
the panel shall be made not later than 180 days after the date
of the enactment of this Act.
(6) Meetings.--The panel shall meet at the call of the
chair.
(7) First meeting.-- <> The chair shall
call the first meeting of the panel not later than 60 days after
the date of the appointment of all the members of the panel.
(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;
[[Page 2279]]
123 STAT. 2279
(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) Powers of Panel.--
(1) Hearings.--The panel may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the panel considers appropriate to carry out its
duties under this section.
(2) Information from federal agencies.--Upon request by the
chair of the panel, any department or agency of the Federal
Government may provide information that the panel considers
necessary to carry out it duties under this section.
(d) 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.
[[Page 2280]]
123 STAT. 2280
Subtitle B--General Service Authorities
SEC. 511. 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. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE
SEPARATION OF MEMBERS DIAGNOSED WITH OR
REASONABLY ASSERTING POST-TRAUMATIC STRESS
DISORDER OR TRAUMATIC BRAIN INJURY.
(a) Medical Examination Required.--
(1) In general.--Chapter 59 of title 10, United States Code,
is amended by inserting after section 1176 the following new
section:
``Sec. 1177. Members diagnosed with or reasonably asserting post-
traumatic stress disorder or traumatic brain
injury: medical examination required before
administrative separation
``(a) Medical Examination Required.--
(1) <> Under regulations prescribed by the Secretary
of Defense, the Secretary of a military department shall ensure that a
member of the armed forces under the jurisdiction of the Secretary who
has been deployed overseas in support of a contingency operation during
the previous 24 months, and who is diagnosed by a physician, clinical
psychologist, or psychiatrist as experiencing post-traumatic stress
disorder or traumatic brain injury or who otherwise reasonably alleges,
based on the service of the member while deployed, the influence of
[[Page 2281]]
123 STAT. 2281
such a condition, receives a medical examination to evaluate a diagnosis
of post-traumatic stress disorder or traumatic brain injury.
``(2) A member covered by paragraph (1) shall not be
administratively separated under conditions other than honorable until
the results of the medical examination have been reviewed by appropriate
authorities responsible for evaluating, reviewing, and approving the
separation case, as determined by the Secretary concerned.
``(3) In a case involving post-traumatic stress disorder, the
medical examination shall be performed by a clinical psychologist or
psychiatrist. In cases involving traumatic brain injury, the medical
examination may be performed by a physician, clinical psychologist,
psychiatrist, or other health care professional, as appropriate.
``(b) Purpose of Medical Examination.--The medical examination
required by subsection (a) shall assess whether the effects of post-
traumatic stress disorder or traumatic brain injury constitute matters
in extenuation that relate to the basis for administrative separation
under conditions other than honorable or the overall characterization of
service of the member as other than honorable.
``(c) Inapplicability to Proceedings Under Uniform Code of Military
Justice.--The medical examination and procedures required by this
section do not apply to courts-martial or other proceedings conducted
pursuant to the Uniform Code of Military Justice.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 1176 the following new item:
``1177. Members diagnosed with or reasonably asserting post-traumatic
stress disorder or traumatic brain injury: medical
examination required before administrative separation.''.
(b) Review of Previous Discharges and Dismissals.--Section 1553 of
such title is amended by adding at the end the following new subsection:
``(d)(1) In the case of a former member of the armed forces who,
while serving on active duty as a member of the armed forces, was
deployed in support of a contingency operation and who, at any time
after such deployment, was diagnosed by a physician, clinical
psychologist, or psychiatrist as experiencing post-traumatic stress
disorder or traumatic brain injury as a consequence of that deployment,
a board established under this section to review the former member's
discharge or dismissal shall include a member who is a physician,
clinical psychologist, or psychiatrist.
``(2) In the case of a former member described in paragraph (1) or a
former member whose application for relief is based in whole or in part
on matters relating to post-traumatic stress disorder or traumatic brain
injury as supporting rationale or as justification for priority
consideration, the Secretary concerned shall expedite a final decision
and shall accord such cases sufficient priority to achieve an expedited
resolution. In determining the priority of cases, the Secretary
concerned shall weigh the medical and humanitarian circumstances of all
cases and accord higher priority to cases not involving post-traumatic
stress disorder or traumatic brain injury only when the individual cases
are considered more compelling.''.
[[Page 2282]]
123 STAT. 2282
(c) Report Required.--Not later than 240 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 containing the detailed procedures and policies used by the
Secretaries of the military department to implement the amendments made
by this section, including--
(1) the list of officials identified by the Secretaries as
required to review physical examinations to determine the
possible influence of post-traumatic stress disorder or
traumatic brain injury on the behavior of members before their
separation under other than honorable conditions;
(2) the procedures adopted by the Secretaries to ensure that
appropriate physical examinations required by the amendments are
conducted;
(3) the procedures adopted by the Secretaries to ensure that
the medical reviews required by the amendments are conducted;
and
(4) the procedures adopted by the Secretaries to ensure that
requests for review of discharges based on matters related to
post-traumatic stress disorder or traumatic brain injury are
considered in a timely manner by boards that include appropriate
medical personnel, as required by the amendments.
SEC. 513. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE COMPONENT
MEMBERS.
Section 1044(a)(4) of title 10, United States Code, is amended by
striking ``the Secretary of Defense), for a period of time, prescribed
by the Secretary of Defense,'' and inserting ``the Secretary), for a
period of time (prescribed by the Secretary)''.
SEC. 514. <> LIMITATION ON SCHEDULING OF
MOBILIZATION OR PRE-MOBILIZATION TRAINING
FOR RESERVE UNITS WHEN CERTAIN SUSPENSION
OF TRAINING IS LIKELY.
(a) Limitation.--
(1) In general.--Subject to paragraph (2), the Secretary of
a military department shall avoid scheduling mobilization
training or pre-mobilization training for a unit of a reserve
component of the Armed Forces at a temporary duty location that
is outside the normal commuting distance of the unit (as
determined pursuant to the regulations prescribed by the
Secretary of Defense under subsection (c)) if a suspension of
training at such temporary duty location of at least five days
is anticipated to occur during any portion of such mobilization
or pre-mobilization training.
(2) Waiver.--The Secretary of a military department may
waive the applicability of the limitation in paragraph (1) to a
unit of a reserve component if the Secretary determines that the
waiver is in the national security interests of the United
States.
(3) Notice to congress.-- <> Until
December 31, 2014, the Secretary of the military department
concerned shall submit written notice of each waiver issued
under paragraph (2) to the congressional defense committees.
Notice of such waiver shall be so submitted at the time of the
issuance of such waiver.
(b) Notice of Other Suspensions of Training.-- <> Until December 31, 2014, in the event of a suspension of
training (other than an anticipated suspension of training described in
subsection
[[Page 2283]]
123 STAT. 2283
(a)(1)) of at least five days at a temporary duty location at which one
or more units of the reserve components on active duty are engaged in
mobilization training or pre-mobilization training, the Secretary of the
military department having jurisdiction over such unit or units shall
submit written notice of the suspension to the congressional defense
committees. Notice of such suspension of training shall be so submitted
at the time of such suspension of training.
(c) Regulations.--The Secretaries of the military departments shall
administer this section in accordance with regulations prescribed by the
Secretary of Defense. Such regulations shall apply uniformly among the
military departments.
SEC. 515. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION GUIDES
AND EDUCATION PROGRAMS IN IMPROVING
QUALIFICATIONS OF RECRUITS FOR THE ARMED
FORCES.
Section 546(d) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2215) is amended--
(1) in the second sentence, by striking ``in training and
unit settings'' and inserting ``during training and unit
assignments''; and
(2) by adding at the end the following new sentence: ``Data
to make the comparison between the two groups shall be derived
from existing sources, which may include performance ratings,
separations, promotions, awards and decorations, and
reenlistment statistics.''.
SEC. 516. REPORT ON PRESENCE IN THE ARMED FORCES OF MEMBERS
ASSOCIATED OR AFFILIATED WITH GROUPS
ENGAGED IN PROHIBITED ACTIVITIES.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall, in consultation with the Attorney
General, submit to the Committees on Armed Service of the Senate and the
House of Representatives a report on the following:
(1) Any active participation by members of the Armed Forces
in prohibited activities (as defined by subsection 3.5.8 of
Department of Defense Directive 1325.6).
(2) The policies of the Department of Defense to prevent
individuals who are active participants in such activities from
enlisting in the Armed Forces.
Subtitle C--Education and Training
SEC. 521. 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 2004a the following new section:
``Sec. 2004b. 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
[[Page 2284]]
123 STAT. 2284
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
[[Page 2285]]
123 STAT. 2285
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 2004a the following new item:
``2004b. Detail of commissioned officers as students at schools of
psychology.''.
SEC. 522. APPOINTMENT OF PERSONS ENROLLED IN ADVANCED COURSE OF
THE ARMY RESERVE OFFICERS' TRAINING CORPS
AT MILITARY JUNIOR COLLEGES AS CADETS IN
ARMY RESERVE OR ARMY NATIONAL GUARD OF THE
UNITED STATES.
Section 2107a(h) of title 10, United States Code, is amended--
(1) by striking ``17 cadets'' and inserting ``22 cadets'';
(2) by striking ``17 members'' and inserting ``22 members'';
and
(3) by striking ``17 such members'' and inserting ``22 such
members''.
SEC. 523. 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, or public policy''.
SEC. 524. USE OF ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND
FINANCIAL ASSISTANCE PROGRAM TO INCREASE
NUMBER OF HEALTH PROFESSIONALS WITH SKILLS
TO ASSIST IN PROVIDING MENTAL HEALTH CARE.
(a) Additional Element Within Scholarship Program.--Section 2121(a)
of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``in the various health professions'' and
inserting ``(A) in the various health professions or (B) as a
health professional with specific skills to assist in providing
mental health care to members of the armed forces''; and
(3) by adding at the end the following new paragraph:
``(2) Under the program of a military department, the Secretary of
that military department shall allocate a portion of the total number of
scholarships to members of the program described in paragraph (1)(B) for
the purpose of assisting such members to pursue a degree at the masters
and doctoral level in any of the following disciplines:
``(A) Social work.
``(B) Clinical psychology.
``(C) Psychiatry.
``(D) Other disciplines that contribute to mental health
care programs in that military department.''.
(b) Authorized Number of Members of the Program.--Section 2124 of
such title is amended--
(1) by striking ``The number'' and inserting ``(a)
Authorized Number of Members of the Program.--The number'';
(2) by striking ``6,000'' and inserting ``6,300''; and
[[Page 2286]]
123 STAT. 2286
(3) by adding at the end the following new subsection:
``(b) Mental Health Professionals.--Of the number of persons
designated as members of the program at any time, 300 may be members of
the program described in section 2121(a)(1)(B) of this title.''.
SEC. 525. DEPARTMENT OF DEFENSE UNDERGRADUATE NURSE TRAINING
PROGRAM.
(a) Revision of Current School of Nursing Authorizations.--
(1) Repeal of establishment within uniformed services
university of the health sciences.--Section 2117 of title 10,
United States Code, is repealed.
(2) Establishment as department of defense school.--Chapter
108 of such title is amended by adding at the end the following
new section:
``Sec. 2169. School of Nursing: establishment
``(a) Establishment Authorized.--The Secretary of Defense may
establish a School of Nursing.
``(b) Degree Granting Authority.--The School of Nursing may include
a program that awards a bachelor of science in nursing.
``(c) Phased Development.--The Secretary of Defense may develop the
School of Nursing in phases as determined appropriate by the
Secretary.''.
(3) Clerical amendments.--
(A) Chapter 104.--The table of sections at the
beginning of chapter 104 of such title is amended by
striking the item relating to section 2117.
(B) Chapter 108.--The table of sections at the
beginning of chapter 108 of such title is amended by
adding at the end the following new item:
``2169. School of Nursing: establishment.''.
(b) Authority to Establish Undergraduate Nurse Training Program.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2016. Undergraduate nurse training program: establishment
through agreement with academic institution
``(a) Establishment Authorized.--(1) To increase the number of
nurses in the armed forces, the Secretary of Defense may enter into an
agreement with one or more academic institutions to establish and
operate an undergraduate program (in this section referred to as a
`undergraduate nurse training program') under which participants will
earn a nursing degree and serve as a member of the armed forces.
``(2) The Secretary of Defense may authorize the participation of
members of the other uniformed services in the undergraduate nurse
training program if the Secretary of Defense and the Secretary of Health
and Human Services jointly determine the participation of such members
in the program will facilitate an increase in the number of nurses in
the other uniformed services.
``(b) Graduation Rates.--An undergraduate nurse training program
shall have the capacity to graduate 25 students with
[[Page 2287]]
123 STAT. 2287
a bachelor of science degree in the first class of the program, 50 in
the second class, and 100 annually thereafter.
``(c) Elements.--An undergraduate nurse training program shall have
the following elements:
``(1) It shall involve an academic partnership with one or
more academic institutions with existing accredited schools of
nursing.
``(2) It shall recruit as participants qualified individuals
with at least two years of appropriate academic preparation, as
determined by the Secretary of Defense.
``(d) Location of Programs.--An academic institution selected to
operate an undergraduate nurse training program shall establish the
program at or near a military installation. A military installation at
or near which an undergraduate nurse training program is established
must--
``(1) be one of the ten largest military installations in
the United States, in terms of the number of active duty
personnel assigned to the installation and family members
residing on or in the vicinity of the installations; and
``(2) have a military treatment facility with inpatient
capability designated as a medical center located on the
installation or within 10 miles of the installation.
``(e) Limitation on Faculty.--An agreement entered into under
subsection (a) shall not require members of the armed forces who are
nurses to serve as faculty members for an undergraduate nurse training
program.
``(f) Military Service Commitment.--The Secretary of Defense shall
encourage members of the armed forces to apply to participate in an
undergraduate nurse training program. Graduates of the program shall
incur a military service obligation in a regular or reserve component,
as determined by the Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2016. Undergraduate nurse training program: establishment through
agreement with academic institution.''.
(c) Undergraduate Nurse Training Program Plan.--
<> 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 plan to establish an undergraduate nurse training
program in the Department of Defense in accordance with the authority
provided by section 2169 of title 10, United States Code, as added by
subsection (a), section 2016 of such title, as added by subsection (b),
or any other authority available to the Secretary.
(d) Pilot Program.--
(1) Pilot program required.--The plan required by subsection
(c) shall provide for the establishment of a pilot program to
increase the number of nurses serving in the Armed Forces.
(2) Implementation and duration.--The pilot program shall
begin not later than July 1, 2011, and be of not less than five
years in duration.
(3) Graduation rates.--The pilot program shall achieve
graduation rates at least equal to the rates required for the
undergraduate nurse training program authorized by section
[[Page 2288]]
123 STAT. 2288
2016 of title 10, United States Code, as added by subsection
(b).
(4) Implementation report.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the pilot program,
including a description of the program selected to be
undertaken, the program's goals, and any additional legal
authorities that may be needed to undertake the program.
(5) Progress reports.--Not later than 90 days after the end
of each academic year of the pilot program, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report specifying the
number of nurses accessed into the Armed Forces through the
program and the number of students accepted for the upcoming
academic year.
(6) Final report.--Not later than one year before the end of
the pilot program, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report specifying the number of nurses
accessed through the program, evaluating the overall
effectiveness of the program, and containing the Secretary's
recommendations regarding whether the program should be
extended.
(e) Effect on Other Nursing Programs.--Notwithstanding the
development of undergraduate nurse training programs under the
amendments made by this section and subsection (d), the Secretary of
Defense shall ensure that graduate degree programs in nursing, including
advanced practice nursing, continue.
(f) Effect on Other Recruitment Efforts.--Nothing in this section
shall be construed as limiting or terminating any current or future
program of the Department of Defense related to the recruitment,
accession, training, or retention of nurses.
SEC. 526. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS
AUTHORIZED FOR ADMISSION TO NATIONAL
DEFENSE UNIVERSITY.
Section 2167(a) of title 10, United States Code, is amended by
striking ``10 full-time student positions'' and inserting ``20 full-time
student positions''.
SEC. 527. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM
NOMINATIONS MADE BY DELEGATE FROM THE
COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
(a) United States Military Academy.--Section 4342(a)(10) of title
10, United States Code, is amended by striking ``One cadet'' and
inserting ``Two cadets''.
(b) United States Naval Academy.--Section 6954(a)(10) of such title
is amended by striking ``One'' and inserting ``Two''.
(c) United States Air Force Academy.--Section 9342(a)(10) of such
title is amended by striking ``One cadet'' and inserting ``Two cadets''.
(d) <> Effective Date.--The amendments made
by this section shall apply with respect to appointments to the United
States Military Academy, the United States Naval Academy, and the United
States Air Force Academy beginning with the first class of candidates
nominated for appointment to these military service academies after the
date of the enactment of this Act.
[[Page 2289]]
123 STAT. 2289
SEC. 528. ATHLETIC ASSOCIATION FOR THE AIR FORCE ACADEMY.
(a) In General.--Chapter 903 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9362. Support of athletic programs
``(a) Corporation for Support Authorized.--(1) The Secretary of the
Air Force may, in accordance with the laws of the State of
incorporation, establish a corporation (in this section referred to as
the `corporation') to support the athletic programs of the Academy. 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) 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) The members of the board of
directors of the corporation shall serve without compensation as members
of the board, except for reasonable travel and other related expenses
for attendance at meetings of the board.
``(2) 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 of the corporation, but such personnel shall not hold more
than one-third of the directorships.
``(d) Transfers 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
Academy or corporate events related to the athletic programs of the
Academy.
``(f) Leases.--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 athletic programs of the
Academy. Funds received from any such lease may be retained and spent by
the Secretary to support athletic programs of the Academy.
``(g) Cooperative Agreements.--The Secretary of the Air Force may
enter into cooperative agreements (as described in section 6305 of title
31) with the corporation for purposes related to the athletic programs
of the Academy.''.
[[Page 2290]]
123 STAT. 2290
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 903 of such title is amended by adding at the end the following
new item:
``9362. Support of athletic programs.''.
SEC. 529. <> LANGUAGE TRAINING
CENTERS FOR MEMBERS OF THE ARMED FORCES
AND CIVILIAN EMPLOYEES OF THE DEPARTMENT
OF DEFENSE.
(a) Program Authorized.--The Secretary of Defense may carry out a
program to establish language training centers at accredited
universities, senior military colleges, or other similar institutions of
higher education for purposes of accelerating the development of
foundational expertise in critical and strategic languages and regional
area studies (as defined by the Secretary of Defense for purposes of
this section) for members of the Armed Forces, including members of the
reserve components and candidates of the Reserve Officers' Training
Corps programs, and civilian employees of the Department of Defense.
(b) Elements.--Each language training center established under the
program authorized by subsection (a) shall include the following:
(1) Programs to provide that members of the Armed Forces or
civilian employees of the Department of Defense who graduate
from the institution of higher education concerned include
members or employees, as the case may be, who are skilled in the
languages and area studies covered by the program from beginning
through advanced skill levels.
(2) Programs of language proficiency training for such
members and civilian employees at the institution of higher
education concerned in critical and strategic languages tailored
to meet operational readiness requirements.
(3) Alternative language training delivery systems and
modalities to meet language and regional area study requirements
for such members and employees whether prior to deployment,
during deployment, or post-deployment.
(4) Programs on critical and strategic languages under the
program that can be incorporated into Reserve Officers' Training
Corps programs to facilitate the development of language skills
in such languages among future officers of the Armed Forces.
(5) Training and education programs to expand the pool of
qualified instructors and educators on critical and strategic
languages and regional area studies under the program for the
Armed Forces.
(6) Programs to facilitate and encourage the recruitment of
native and heritage speakers of critical and strategic languages
under the program into the Armed Forces and the civilian
workforce of the Department of Defense and to support the
Civilian Linguist Reserve Corps.
(c) Partnerships With Other Schools.--Any language training center
established under the program authorized by subsection (a) may enter
into a partnership with one or more local educational agencies to
facilitate the development of skills in critical and strategic languages
under the program among students attending the elementary and secondary
schools of such agencies who may pursue a military career.
[[Page 2291]]
123 STAT. 2291
(d) Coordination.--The Secretary of Defense shall ensure that the
language training centers established under the program authorized by
subsection (a) are aligned with those of the National Security Education
Program, the Defense Language Institute, and other appropriate
Department of Defense programs to facilitate and encourage the
recruitment of native and heritage speakers of critical and strategic
languages under the program into the Armed Forces and the civilian
workforce of the Department of Defense and to support the Civilian
Linguist Reserve Corps.
(e) Report.--Not later than one year after the date of the
establishment of the program authorized by subsection (a), the Secretary
of Defense shall submit to the congressional defense committees a report
on the program. The report shall include the following:
(1) A description of each language training center
established under the program.
(2) An assessment of the cost-effectiveness of the program
in providing foundational expertise in critical and strategic
languages and regional area studies in support of the Defense
Language Transformation Roadmap.
(3) An assessment of the progress made by each language
training center in providing capabilities in critical and
strategic languages under the program to members of the Armed
Forces and Department of Defense employees.
(4) A recommendation whether the program should be continued
and, if so, recommendations as to any modifications of the
program that the Secretary considers appropriate.
Subtitle D--Defense Dependents' Education
SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2010 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $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,
$14,000,000 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)).
[[Page 2292]]
123 STAT. 2292
SEC. 532. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2010 by
section 301(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. 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 a Department of Defense 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.''.
SEC. 535. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE
DEPENDENTS' EDUCATION SYSTEM OF DEPENDENTS
OF FOREIGN MILITARY MEMBERS ASSIGNED TO
SUPREME HEADQUARTERS ALLIED POWERS,
EUROPE.
(a) Permanent Enrollment Authority.--Subsection (a)(2) of section
1404A of the Defense Dependents' Education Act of 1978 (20 U.S.C. 923a)
is amended by striking ``, and only through the 2010-2011 school year''.
(b) Combatant Commander Advice and Assistance.--Subsection (c)(1) of
such section is amended by adding at the end the following new sentence:
``The Secretary shall prescribe such methodology with the advice and
assistance of the commander of the geographic combatant command with
jurisdiction over Mons, Belgium.''.
[[Page 2293]]
123 STAT. 2293
SEC. 536. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS FOR
LOCAL EDUCATIONAL AGENCIES FOR RECEIPT OF
BASIC SUPPORT PAYMENTS UNDER IMPACT AID.
Section 8003(a)(2)(C)(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended by striking
``6,500'' and inserting ``5,000''.
SEC. 537. STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR
DEPENDENT CHILDREN OF MEMBERS OF THE ARMED
FORCES WHEN PUBLIC SCHOOLS ATTENDED BY
SUCH CHILDREN ARE DETERMINED TO NEED
IMPROVEMENT.
(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
section 1116(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(b)).
(2) Options.--The options to be considered under the study
required by paragraph (1) may include the following:
(A) Education programs offered through the Internet,
including programs that are provided by the Department
of Defense through the Internet.
(B) Charter schools.
(C) Such other public school 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 of 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 other alternative
educational programs for military families.
[[Page 2294]]
123 STAT. 2294
(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
and Secretary of Education consider 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, the
Committee on Health, Education, Labor, and Pensions of the Senate, the
Committee on Armed Services of the House of Representatives, and the
Committee on Education and Labor of the House of Representatives a
report on the study required by subsection (a). 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, in consultation with the
Secretary of Education, considers appropriate in light of the
results of the study.
SEC. 538. 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 the following:
(1) Assistance provided under the following:
(A) Section 551 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4468).
(B) Section 571 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 119).
(C) Section 572 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2225).
(D) Section 574 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (120 Stat. 2226;
20 U.S.C. 7703b note).
(E) Section 575 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (120 Stat. 2227;
10 U.S.C. 1788 note).
[[Page 2295]]
123 STAT. 2295
(F) Section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3271; 20 U.S.C. 7703b).
(G) Section 574 of the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3273).
(H) Section 558 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1916).
(I) Section 559 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (118
Stat. 1917).
(J) Section 536 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 117 Stat. 1474).
(K) Clauses (i) and (ii) of section 8003(b)(2)(H) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)(2)(H)).
(L) Section 341 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 116 Stat. 2514).
(M) Section 344 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (116 Stat. 2515).
(N) Section 351 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1063).
(O) 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).
(P) Section 364 of the National Defense
Authorization Act for Fiscal Year 2001 (114 Stat. 1654A-
78)
(2) Payments made under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (114
Stat. 1654A-77; 20 U.S.C. 7703a).
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the congressional
defense committees a report containing the results of the audit required
by subsection (a).
SEC. 539. SENSE OF CONGRESS ON THE INTERSTATE COMPACT ON
EDUCATIONAL OPPORTUNITY FOR MILITARY
CHILDREN.
It is the sense of Congress to--
(1) express strong support and commendation for all the
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;
[[Page 2296]]
123 STAT. 2296
(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.
Subtitle E--Missing or Deceased Persons
SEC. 541. ADDITIONAL REQUIREMENTS FOR ACCOUNTING FOR MEMBERS OF
THE ARMED FORCES AND DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES LISTED AS MISSING IN
CONFLICTS OCCURRING BEFORE ENACTMENT OF
NEW SYSTEM FOR ACCOUNTING FOR MISSING
PERSONS.
(a) Imposition of Additional Requirements.--Section 1509 of title
10, United States Code, is amended to read as follows:
``Sec. 1509. Program to resolve preenactment missing person cases
``(a) Program Required; Covered Conflicts.--The Secretary of Defense
shall implement a comprehensive, coordinated, integrated, and fully
resourced program to account for persons described in subparagraph (A)
or (B) of section 1513(1) of this title who are unaccounted for from the
following conflicts:
``(1) World War II during the period beginning on December
7, 1941, and ending on December 31, 1946, including members of
the armed forces who were lost during flight operations in the
Pacific theater of operations covered by section 576 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 10 U.S.C. 1501 note).
``(2) The Cold War during the period beginning on September
2, 1945, and ending on August 21, 1991.
``(3) The Korean War during the period beginning on June 27,
1950, and ending on January 31, 1955.
``(4) The Indochina War era during the period beginning on
July 8, 1959, and ending on May 15, 1975.
[[Page 2297]]
123 STAT. 2297
``(5) The Persian Gulf War during the period beginning on
August 2, 1990, and ending on February 28, 1991.
``(6) Such other conflicts in which members of the armed
forces served as the Secretary of Defense may designate.
``(b) Implementation Process.--(1) The Secretary of Defense shall
implement the program within the Department of Defense POW/MIA
accounting community.
``(2) For purposes of paragraph (1), the term `POW/MIA accounting
community' means:
``(A) The Defense Prisoner of War/Missing Personnel Office
(DPMO).
``(B) The Joint POW/MIA Accounting Command (JPAC).
``(C) The Armed Forces DNA Identification Laboratory
(AFDIL).
``(D) The Life Sciences Equipment Laboratory of the Air
Force (LSEL).
``(E) The casualty and mortuary affairs offices of the
military departments.
``(F) Any other element of the Department of Defense whose
mission (as designated by the Secretary of Defense) involves the
accounting for and recovery of members of the armed forces who
are missing in action, prisoners of war, or unaccounted for.
``(c) Treatment as Missing Persons.--Each unaccounted for person
covered by subsection (a) shall be considered to be a missing person for
purposes of the applicability of other provisions of this chapter to the
person.
``(d) Establishment of Personnel Files.-- <> (1) The
Secretary of Defense shall ensure that a personnel file is established
and maintained for each person covered by subsection (a) if the
Secretary--
``(A) possesses any information relevant to the status of
the person; or
``(B) receives any new information regarding the missing
person as provided in subsection (e).
``(2) The Secretary of Defense shall ensure that each file
established under this subsection contains all relevant information
pertaining to a person covered by subsection (a) and is readily
accessible to all elements of the department, the combatant commands,
and the armed forces involved in the effort to account for the person.
``(3) Each file established under this subsection shall be handled
in accordance with, and subject to the provisions of, section 1506 of
this title in the same manner as applies to the file of a missing person
otherwise subject to such section.
``(e) Review of Status Requirements.--(1) If new information (as
described in paragraph (3)) is found or received that may be related to
one or more unaccounted for persons covered by subsection (a), whether
or not such information specifically relates (or may specifically
relate) to any particular such unaccounted for person, that information
shall be provided to the Secretary of Defense.
``(2) Upon receipt of new information under paragraph (1), the
Secretary shall ensure that--
``(A) the information is treated under paragraph (2) of
subsection (c) of section 1505 of this title, relating to
addition
[[Page 2298]]
123 STAT. 2298
of the information to the personnel file of a person and
notification requirements, in the same manner as information
received under paragraph (1) under such subsection; and
``(B) the information is treated under paragraph (3) of
subsection (c) and subsection (d) of such section, relating to a
board review under such section, in the same manner as
information received under paragraph (1) of such subsection (c).
``(3) For purposes of this subsection, new information is
information that is credible and that--
``(A) is found or received after November 18, 1997, by a
United States intelligence agency, by a Department of Defense
agency, or by a person specified in section 1504(g) of this
title; or
``(B) is identified after November 18, 1997, in records of
the United States as information that could be relevant to the
case of one or more unaccounted for persons covered by
subsection (a).
``(f) Coordination Requirements.--(1) In establishing and carrying
out the program, the Secretary of Defense shall coordinate with the
Secretaries of the military departments, the Chairman of the Joint
Chiefs of Staff, and the commanders of the combatant commands.
``(2) In carrying out the program, the Secretary of Defense shall
establish close coordination with the Department of State, the Central
Intelligence Agency, and the National Security Council to enhance the
ability of the Department of Defense POW/MIA accounting community to
account for persons covered by subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 76 of such title is amended by striking the item relating to
section 1509 and inserting the following new item:
``1509. Program to resolve preenactment missing person cases.''.
(c) Conforming Amendment.--Section 1513(1) of such title is amended
in the matter after subparagraph (B) by striking ``section 1509(b) of
this title who is required by section 1509(a)(1) of this title'' and
inserting ``subsection (a) of section 1509 of this title who is required
by subsection (b) of such section''.
(d) <> Implementation.--
(1) Priority.--A priority of the program required by section
1509 of title 10, United States Code, as amended by subsection
(a), to resolve missing person cases arising before the
enactment of chapter 76 of such title by section 569 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 336) shall be the return of missing
persons to United States control alive.
(2) Accounting for goal.--In implementing the program, the
Secretary of Defense, in coordination with the officials
specified in subsection (f)(1) of section 1509 of title 10,
United States Code, shall provide such funds, personnel, and
resources as the Secretary considers appropriate to increase
significantly the capability and capacity of the Department of
Defense, the Armed Forces, and commanders of the combatant
commands to account for missing persons so that, beginning with
fiscal year 2015, the POW/MIA accounting community has
sufficient
[[Page 2299]]
123 STAT. 2299
resources to ensure that at least 200 missing persons are
accounted for under the program annually.
(3) Definitions.--In this subsection:
(A) The term ``accounted for'' has the meaning given
such term in section 1513(3)(B) of title 10, United
States Code.
(B) The term ``POW/MIA accounting community'' has
the meaning given such term in section 1509(b)(2) of
such title.
SEC. 542. POLICY AND PROCEDURES ON MEDIA ACCESS AND ATTENDANCE BY
FAMILY MEMBERS AT CEREMONIES FOR THE
DIGNIFIED TRANSFER OF REMAINS OF MEMBERS
OF THE ARMED FORCES WHO DIE OVERSEAS.
(a) <> Department of Defense Policy and
Procedures on Media Access at Ceremonies for Dignified Transfer of
Remains of Members of the Armed Forces Who Die Overseas.--
(1) Policy required. <> --Not later than
April 1, 2010, the Secretary of Defense shall prescribe a policy
guaranteeing media access at ceremonies for the dignified
transfer of remains of members of the Armed Forces who die while
located or serving overseas (in this section referred to as
``military decedents'') when approved by the primary next of kin
of such military decedents.
(2) Procedures.--The policy developed under paragraph (1)
shall include procedures to be followed by the military
departments in conducting appropriate ceremonies for the
dignified transfer of remains of military decedents. The
procedures shall be uniform across the military departments
except to the extent necessary to reflect the traditional
practices or customs of a particular military department.
(3) Elements.--The policy developed under paragraph (1)
shall include, but not be limited to, the following:
(A) Provision for access by media representatives to
transfers described in paragraph (1) if approved in
advance by the primary next of kin of the military
decedent or their designee.
(B) Procedures for designating with certainty who is
authorized to make the decision to approve media access
at transfer ceremonies described in that paragraph under
reasonable, foreseeable circumstances.
(C) Conditions for coverage that media
representatives must comply with during such transfer
ceremonies, and procedures for ensuring agreement in
advance by media representatives with the conditions for
coverage prescribed by military authorities.
(D) Procedures for the waiver by the primary next of
kin or other designees of Departmental polices relating
to delays in release of casualty information to the
media and general public, when such waiver is required.
(b) Transportation to Transfer Ceremonies.--
(1) Provision of transportation required.--Section 411f of
title 37, United States Code, is amended--
(A) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
[[Page 2300]]
123 STAT. 2300
(B) by inserting after subsection (d) the following
new subsection (e):
``(e) Transportation to Transfer Ceremonies of Members of the Armed
Forces Who Die Overseas.--(1) The Secretary of the military department
concerned may provide round trip transportation to ceremonies for the
transfer of a member of the armed forces who dies while located or
serving overseas to the following:
``(A) The primary next of kin of the member.
``(B) Two family members (other than primary next of kin) of
the member.
``(C) One or more additional family members of the member,
at the discretion of the Secretary.
``(2)(A) For purposes of this subsection, the primary next of kin of
a member of the armed forces shall be the eligible relatives of the
member specified in subparagraphs (A) through (D) of subsection (c)(1).
``(B) The Secretaries of the military departments shall prescribe in
regulations the family members of a member of the armed forces who shall
constitute family members for purposes of subparagraphs (B) and (C) of
paragraph (1). The Secretary of Defense shall ensure that such
regulations are uniform across the military departments.
``(3) Transportation shall be provided under this subsection by
means of Invitational Travel Authorizations.
``(4) The Secretary of a military department may, upon the request
of the primary next of kin covered by paragraph (1)(A) and at the
discretion of the Secretary, provide for the accompaniment of such next
of kin in travel under this subsection by a casualty assistance officer
or family liaison officer of the military department who shall act as an
escort in such accompaniment.''.
(2) Conforming and clerical amendments.--
(A) Heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 411f. Travel and transportation allowances: transportation
for survivors of deceased member to attend
member's burial ceremonies; transportation for
survivors of member dying overseas to attend
transfer ceremonies''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by
striking the item relating to section 411f and inserting
the following new item:
``411f. Travel and transportation allowances: transportation for
survivors of deceased member to attend member's burial
ceremonies; transportation for survivors of member dying
overseas to attend transfer ceremonies.''.
(c) <> Effective Date.--This section and
the amendments made by this section shall take effect on the date that
is one year after the date of the enactment of this Act.
SEC. 543. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO
DESIGNATE PERSONS TO DIRECT DISPOSITION OF
THE REMAINS OF A DECEASED MEMBER.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a
[[Page 2301]]
123 STAT. 2301
report evaluating the potential effects of expanding the list of persons
under section 1482(c) of title 10, United States Code, who may be
designated by a member of the Armed Forces as the person authorized to
direct disposition of the remains of the member if the member is
deceased to include persons who are not family members of members of the
Armed Forces.
SEC. 544. SENSE OF CONGRESS ON THE RECOVERY OF THE REMAINS OF
MEMBERS OF THE ARMED FORCES WHO WERE
KILLED DURING WORLD WAR II IN THE BATTLE
OF TARAWA ATOLL.
Congress--
(1) reaffirms its support for the recovery and return to the
United States of the remains of members of the Armed Forces
killed in battle, and for the efforts by the Joint POW-MIA
Accounting Command to recover the remains of members of the
Armed Forces from all wars;
(2) recognizes the courage and sacrifice of the members of
the Armed Forces who fought on Tarawa Atoll;
(3) acknowledges the dedicated research and efforts by
persons to identify, locate, and advocate for the recovery of
remains from Tarawa; and
(4) encourages the Department of Defense to review this
research and, as appropriate, pursue new efforts to conduct
field studies, new research, and undertake all feasible efforts
to recover, identify, and return remains of members of the Armed
Forces from Tarawa.
Subtitle F--Decorations and Awards
SEC. 551. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
ANTHONY T. KAHO'OHANOHANO FOR ACTS OF
VALOR DURING THE KOREAN WAR.
(a) <> Authorization.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President is
authorized and requested to award the Medal of Honor under section 3741
of such title to former Private First Class Anthony T. Kaho'ohanohano
for the acts of valor during the Korean War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Private First Class Anthony T.
Kaho'ohanohano of Company H of the 17th Infantry Regiment of the 7th
Infantry Division on September 1, 1951, during the Korean War for which
he was originally awarded the Distinguished-Service Cross.
SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
SERVICE CROSS TO JACK T. STEWART FOR ACTS
OF VALOR DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the Secretary of the Army is authorized and
requested to award the Distinguished-Service Cross under section 3742 of
such title to former Captain
[[Page 2302]]
123 STAT. 2302
Jack T. Stewart of the United States Army for the acts of valor during
the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Captain Jack T. Stewart as commander
of a two-platoon Special Forces Mike Force element in combat with two
battalions of the North Vietnamese Army on March 24, 1967, during the
Vietnam War.
SEC. 553. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
SERVICE CROSS TO WILLIAM T. MILES, JR.,
FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the Secretary of the Army is authorized and
requested to award the Distinguished-Service Cross under section 3742 of
such title to former Sergeant First Class William T. Miles, Jr., of the
United States Army for the acts of valor during the Korean War described
in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Sergeant First Class William T. Miles,
Jr,. as a member of United States Special Forces from June 18, 1951, to
July 6, 1951, during the Korean War, when he fought a delaying action
against enemy forces in order to allow other members of his squad to
escape an ambush.
Subtitle G--Military Family Readiness Matters
SEC. 561. <> ESTABLISHMENT OF ONLINE
RESOURCES TO PROVIDE INFORMATION ABOUT
BENEFITS AND SERVICES AVAILABLE TO MEMBERS
OF THE ARMED FORCES AND THEIR FAMILIES.
(a) Internet Outreach Website.--
(1) Establishment.--The Secretary of Defense shall establish
an Internet website or other online resources for the purpose of
providing comprehensive information to members of the Armed
Forces and their families about the benefits and services
described in subsection (b) that are available to members of the
Armed Forces and their families.
(2) Contact information.--The online resources shall provide
contact information, both telephone and e-mail, that a member of
the Armed Forces or dependent of the member can use to get
specific information about benefits and services that may be
available for the member or dependent.
(b) Covered Benefits and Services.--The information provided through
the online resources established pursuant to subsection (a) shall
include information regarding the following benefits and services that
may be available to a member of the Armed Forces and dependents of the
member:
(1) Financial compensation, including financial counseling.
(2) Health care and life insurance programs.
(3) Death benefits.
[[Page 2303]]
123 STAT. 2303
(4) Entitlements and survivor benefits for dependents,
including offsets in the receipt of such benefits under the
Survivor Benefit Plan and in connection with the receipt of
dependency and indemnity compensation.
(5) Educational assistance benefits, including limitations
on and the transferability of such assistance.
(6) Housing assistance benefits, including counseling.
(7) Relocation planning and preparation.
(8) Maintaining military records.
(9) Legal assistance.
(10) Quality of life programs.
(11) Family and community programs.
(12) Employment assistance upon separation or retirement of
a member or for the spouse of the member.
(13) Reserve component service for members completing
service in a regular component.
(14) Disability benefits, including offsets in connection
with the receipt of such benefits.
(15) Benefits and services provided under laws administered
by the Secretary of Veterans Affairs.
(16) Such other benefits and services as the Secretary of
Defense considers appropriate.
(c) Dissemination of Information on Availability on Online
Resources.--The Secretaries of the military departments shall use public
service announcements, publications, and such other announcements
through the general media as the Secretaries consider appropriate to
inform members of the Armed Forces and their families and the general
public about the information available through the online resources
established pursuant to subsection (a).
(d) Implementation 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 quality and scope
of the online resources established pursuant to subsection (a) to
provide information about benefits and services for members of the Armed
Forces and their families.
SEC. 562. ADDITIONAL MEMBERS ON DEPARTMENT OF DEFENSE MILITARY
FAMILY READINESS COUNCIL.
(a) Reserve Component Representation.--Paragraph (1) of section
1781a(b) 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 Army National
Guard or Air National Guard, who shall be appointed by
the Secretary of Defense; and
``(ii) one representative from the Army Reserve,
Navy Reserve, Marine Corps Reserve, or Air Force
Reserve, who shall be appointed by the Secretary of
Defense.''; and
(3) in subparagraph (E), as redesignated by paragraph (1),
by striking ``subparagraph (B)'' and inserting ``subparagraphs
(B) and (C)''.
[[Page 2304]]
123 STAT. 2304
(b) Term; Rotation Among Reserve Components.--Paragraph (2) of such
section is amended--
(1) by striking ``paragraph (1)(C)'' and inserting
``subparagraphs (C) and (D) of paragraph (1)''; and
(2) by adding at the end the following new sentences:
``Representation on the Council required by clause (i) of
paragraph (1)(C) shall rotate between the Army National Guard
and Air National Guard. Representation required by clause (ii)
of such paragraph shall rotate among the reserve components
specified in such clause.''.
SEC. 563. SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.
(a) Office of Community Support for Military Families With Special
Needs.--
(1) In general.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section 1781b
the following new section:
``Sec. 1781c. Office of Community Support for Military Families
With Special Needs
``(a) Establishment.--There is in the Office of the Under Secretary
of Defense for Personnel and Readiness the Office of Community Support
for Military Families With Special Needs (in this section referred to as
the `Office').
``(b) Purpose.--The purpose of the Office is to enhance and improve
Department of Defense support around the world for military families
with special needs (whether medical or educational needs) through the
development of appropriate policies, enhancement and dissemination of
appropriate information throughout the Department of Defense, support
for such families in obtaining referrals for services and in obtaining
service, and oversight of the activities of the military departments in
support of such families.
``(c) Director.--(1) The head of the Office shall be the Director of
the Office of Community Support for Military Families With Special
Needs, who shall be appointed by the Secretary of Defense from among
civilian employees of the Department of Defense who are members of the
Senior Executive Service or members of the armed forces in a general or
flag grade.
``(2) The Director shall be subject to the supervision, direction,
and control of the Under Secretary of Defense for Personnel and
Readiness in the discharge of the responsibilities of the Office, and
shall report directly to the Under Secretary regarding the discharge of
such responsibilities.
``(d) Responsibilities.--The Office shall have the responsibilities
as follows:
``(1) To develop and implement a comprehensive policy on
support for military families with special needs as required by
subsection (e).
``(2) To establish and oversee the programs required by
subsection (f).
``(3) To identify gaps in services available through the
Department of Defense for military families with special needs.
``(4) To develop plans to address gaps identified under
paragraph (3) through appropriate mechanisms, such as enhancing
resources and training and ensuring the provision of special
assistance to military families with special needs and military
parents of individuals with special needs
[[Page 2305]]
123 STAT. 2305
(including through the provision of training and seminars to
members of the armed forces).
``(5) To monitor the programs of the military departments
for the assignment of members of the armed forces who are
members of military families with special needs, and the
programs for the support of such military families, and to
advise the Secretary of Defense on the adequacy of such programs
in conjunction with the preparation of future-years defense
programs and other budgeting and planning activities of the
Department of Defense.
``(6) To monitor the availability and accessibility of
programs provided by other Federal, State, local, and non-
governmental agencies to military families with special needs.
``(7) To carry out such other matters with respect to the
programs and activities of the Department of Defense regarding
military families with special needs as the Under Secretary of
Defense for Personnel and Readiness shall specify.
``(e) Policy.--(1) The Office shall develop, and update from time to
time, a uniform policy for the Department of Defense regarding military
families with special needs. The policy shall apply with respect to
members of the armed forces without regard to their location, whether
within or outside the continental United States.
``(2) The policy developed under this subsection shall include
elements regarding the following:
``(A) The assignment of members of the armed forces who are
members of military families with special needs.
``(B) Support for military families with special needs.
``(3) In addressing the assignment of members of the armed forces
under paragraph (2)(A), the policy developed under this subsection
shall, in a manner consistent with the needs of the armed forces and
responsive to the career development of members of the armed forces on
active duty, provide for such members each of the following:
``(A) Assignment to locations where care and support for
family members with special needs are available.
``(B) Stabilization of assignment for a minimum of 4 years.
``(4) In addressing support for military families under paragraph
(2)(B), the policy developed under this subsection shall provide the
following:
``(A) Procedures to identify members of the armed forces who
are members of military families with special needs.
``(B) Mechanisms to ensure timely and accurate evaluations
of members of such families who have special needs.
``(C) Procedures to facilitate the enrollment of such
members of the armed forces and their families in programs of
the military department for the support of military families
with special needs.
``(D) Procedures to ensure the coordination of Department of
Defense health care programs and support programs for military
families with special needs, and the coordination of such
programs with other Federal, State, local, and non-governmental
health care programs and support programs intended to serve such
families.
``(E) Requirements for resources (including staffing) to
ensure the availability through the Department of Defense
[[Page 2306]]
123 STAT. 2306
of appropriate numbers of case managers to provide
individualized support for military families with special needs.
``(F) Requirements regarding the development and continuous
updating of an individualized services plan (medical and
educational) for each military family with special needs.
``(G) Requirements for record keeping, reporting, and
continuous monitoring of available resources and family needs
under individualized services support plans for military
families with special needs, including the establishment and
maintenance of a central or various regional databases for such
purposes.
``(f) Programs.--(1) The Office shall establish, maintain, and
oversee a program to provide information and referral services on
special needs matters to military families with special needs on a
continuous basis regardless of the location of the member's assignment.
The program shall provide for timely access by members of such military
families to individual case managers and counselors on matters relating
to special needs.
``(2) The Office shall establish, maintain, and oversee a program of
outreach on special needs matters for military families with special
needs. The program shall--
``(A) assist military families in identifying whether or not
they have a member with special needs; and
``(B) provide military families with special needs with
information on the services, support, and assistance available
through the Department of Defense regarding such members with
special needs, including information on enrollment in programs
of the military departments for such services, support, and
assistance.
``(3)(A) The Office shall provide support to the Secretary of each
military department in the establishment and sustainment by such
Secretary of a program for the support of military families with special
needs under the jurisdiction of such Secretary. Each program shall be
consistent with the policy developed by the Office under subsection (e).
``(B) Each program under this paragraph shall provide for
appropriate numbers of case managers for the development and oversight
of individualized services plans for educational and medical support for
military families with special needs.
``(C) Services under a program under this paragraph may be provided
by contract or other arrangements with non-Department of Defense
entities qualified to provide such services.
``(g) Resources.--The Secretary of Defense shall assign to the
Office such resources, including personnel, as the Secretary considers
necessary for the discharge of the responsibilities of the Office,
including a sufficient number of members of the armed forces to ensure
appropriate representation by the military departments in the personnel
of the Office.
``(h) Reports.--(1) Not later than 180 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2010, and annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees a report on the activities of the
Office.
``(2) Each report under this subsection shall include the following:
[[Page 2307]]
123 STAT. 2307
``(A) A description of any gaps in services available
through the Department of Defense for military families with
special needs that were identified under subsection (d)(3).
``(B) A description of the actions being taken, or planned,
to address such gaps, including any plans developed under
subsection (d)(4).
``(C) Such recommendations for legislative action as the
Secretary considers appropriate to provide for the continuous
improvement of support and services for military families with
special needs.
``(i) Military Family With Special Needs.--For purposes of this
section, a military family with special needs is any military family
with one or more members who has a medical or educational special need
(as defined by the Secretary in regulations for purposes of this
section), including a condition covered by the Extended Health Care
Option Program under section 1079f of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title is amended
by inserting after the item relating to section 1781b the
following new item:
``1781c. Office of Community Support for Military Families With Special
Needs.''.
(3) Repeal of superseded authority.--Section 587 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 133; 10 U.S.C. 1781 note) is repealed.
(b) <> Foundation for Support of Military
Families With Special Needs.--
(1) Establishment authorized.--The Secretary of Defense may
establish a foundation for the provision of assistance to the
Department of Defense in providing support to military families
with special needs.
(2) Purposes.--The purposes of the foundation shall be to
assist the Department of Defense as follows:
(A) In conducting outreach to identify military
families with special needs.
(B) In developing programs to support and provide
services to military families with special needs.
(C) In developing educational curricula for the
training of professional and paraprofessional personnel
providing support and services on special needs to
military families with special needs.
(D) In conducting research on the following:
(i) The unique factors associated with a
military career (including deployments of members
of the Armed Forces) and their effects on families
and individuals with special needs.
(ii) Evidence-based therapeutic and medical
services for members of military families with
special needs, including research in conjunction
with non-Department of Defense entities such as
the National Institutes of Health.
(E) In providing vocational education and training
for adolescent and adult members of military families
with special needs.
(F) In carrying out other initiatives to contribute
to improved support for military families with special
needs.
[[Page 2308]]
123 STAT. 2308
(3) Department of defense funding.--The Secretary may
provide the foundation such financial support as the Secretary
considers appropriate, including the provision to the foundation
of appropriated funds and non-appropriated funds available to
the Department of Defense.
(4) Annual report.--The foundation shall submit to the
Secretary, and to the congressional defense committees, each
year a report on its activities under this subsection during the
preceding year. Each report shall include, for the year covered
by such report, the following:
(A) A description of the programs and activities of
the foundation.
(B) The budget of the foundation, including the
sources of any funds provided to the foundation.
(5) Military family with special needs defined.--In this
subsection, the term ``military family with special needs'' has
the meaning given such term in section 1781c(i) of title 10,
United States Code (as added by subsection (a)).
(c) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated for the Department of Defense for
fiscal year 2010 for support of military families with special needs,
there is hereby authorized to be appropriated to the Department of
Defense for fiscal year 2010 for military personnel, $50,000,000 for
purposes of carrying out this section and the amendments made by this
section. Of such amount, not less than $40,000,000 shall be allocated to
the military departments for the execution of programs and activities in
carrying out this section and the amendments made by this section in
fiscal year 2010.
SEC. 564. <> PILOT PROGRAM TO SECURE
INTERNSHIPS FOR MILITARY SPOUSES WITH
FEDERAL AGENCIES.
(a) Cost-reimbursement Agreements With Federal Agencies.--The
Secretary of Defense may enter into an agreement with the head of an
executive department or agency that has an established internship
program to reimburse the department or agency for authorized costs
associated with the first year of employment of an eligible military
spouse who is selected to participate in the internship program of the
department or agency.
(b) Eligible Military Spouses.--
(1) Eligibility.--Except as provided in paragraph (2), any
person who is married to a member of the Armed Forces on active
duty is eligible for selection to participate in an internship
program under a reimbursement agreement entered into under
subsection (a).
(2) Exclusions.--Reimbursement may not be provided with
respect to the following persons:
(A) A person who is legally separated from a member
of the Armed Forces under court order or statute of any
State, the District of Columbia, or possession of the
United States when the person begins the internship.
(B) A person who is also a member of the Armed
Forces on active duty.
(C) A person who is a retired member of the Armed
Forces.
[[Page 2309]]
123 STAT. 2309
(c) Funding Source.--Amounts authorized to be appropriated for
operation and maintenance, for Defense-wide activities, shall be
available to carry out this section.
(d) Definitions.--In this section:
(1) The term ``authorized costs'' includes the costs of the
salary, benefits and allowances, and training for an eligible
military spouse during the first year of the participation of
the military spouse in an internship program pursuant to an
agreement under subsection (a).
(2) The term ``internship'' means a professional,
analytical, or administrative position in the Federal Government
that operates under a developmental program leading to career
advancement.
(e) Termination of Agreement Authority.--No agreement may be entered
into under subsection (a) after September 30, 2011. Authorized costs
incurred after that date may be reimbursed under an agreement entered
into before that date in the case of eligible military spouses who begin
their internship by that date.
(f) Reporting Requirement.--Not later than January 1, 2012, the
Secretary of Defense shall submit to the congressional defense
committees a report that provides information on how many eligible
military spouses received internships pursuant to agreements entered
into under subsection (a) and the types of internship positions they
occupied. The report shall specify the number of interns who
subsequently obtained permanent employment with the department or agency
administering the internship program or with another department or
agency. The Secretary shall include a recommendation regarding whether,
given the investment of Department of Defense funds, the authority to
enter into agreements should be extended, modified, or terminated.
SEC. 565. FAMILY AND MEDICAL LEAVE FOR FAMILY OF SERVICEMEMBERS.
(a) General Requirements for Leave.--
(1) Definition of covered active duty.--
(A) Definition.--Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended--
(i) by striking paragraph (14) and inserting
the following:
``(14) Covered active duty.--The term `covered active duty'
means--
``(A) in the case of a member of a regular component
of the Armed Forces, duty during the deployment of the
member with the Armed Forces to a foreign country; and
``(B) in the case of a member of a reserve component
of the Armed Forces, duty during the deployment of the
member with the Armed Forces to a foreign country under
a call or order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10, United
States Code.''; and
(ii) by striking paragraph (15) and
redesignating paragraphs (16) through (19) as
paragraphs (15) through (18), respectively.
(B) Leave.--Section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612) is amended--
(i) in subsection (a)(1)(E)--
[[Page 2310]]
123 STAT. 2310
(I) by striking ``active duty'' each
place it appears and inserting ``covered
active duty''; and
(II) by striking ``in support of a
contingency operation''; and
(ii) in subsection (e)(3)--
(I) in the paragraph heading, by
striking ``active duty'' and inserting
``covered active duty'';
(II) by striking ``active duty''
each place it appears and inserting
``covered active duty''; and
(III) by striking ``in support of a
contingency operation''.
(C) Conforming amendment.--Section 103(f) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f))
is amended, in the subsection heading, by striking
``Active Duty'' each place it appears and inserting
``Covered Active Duty''.
(2) Definition of covered servicemember.--Paragraph (15) of
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) is
amended to read as follows:
``(15) Covered servicemember.--The term `covered
servicemember' means--
``(A) a member of the Armed Forces (including a
member of the National Guard or Reserves) who is
undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious
injury or illness; or
``(B) a veteran who is undergoing medical treatment,
recuperation, or therapy, for a serious injury or
illness and who was a member of the Armed Forces
(including a member of the National Guard or Reserves)
at any time during the period of 5 years preceding the
date on which the veteran undergoes that medical
treatment, recuperation, or therapy.''.
(3) Definitions of serious injury or illness; veteran.--
Section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611) is further amended by striking paragraph (18) (as
redesignated by paragraph (1)(A)(ii)) and inserting the
following:
``(18) Serious injury or illness.--The term `serious injury
or illness'--
``(A) in the case of a member of the Armed Forces
(including a member of the National Guard or Reserves),
means an injury or illness that was incurred by the
member in line of duty on active duty in the Armed
Forces (or existed before the beginning of the member's
active duty and was aggravated by service in line of
duty on active duty in the Armed Forces) and that may
render the member medically unfit to perform the duties
of the member's office, grade, rank, or rating; and
``(B) in the case of a veteran who was a member of
the Armed Forces (including a member of the National
Guard or Reserves) at any time during a period described
in paragraph (15)(B), means a qualifying (as defined by
the Secretary of Labor) injury or illness that was
incurred by the member in line of duty on active duty in
the Armed
[[Page 2311]]
123 STAT. 2311
Forces (or existed before the beginning of the member's
active duty and was aggravated by service in line of
duty on active duty in the Armed Forces) and that
manifested itself before or after the member became a
veteran.
``(19) Veteran.--The term `veteran' has the meaning given
the term in section 101 of title 38, United States Code.''.
(4) Technical amendment.--Section 102(e)(2)(A) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is
amended by striking ``or parent'' and inserting ``parent, or
covered servicemember''.
(5) <> Regulations.--In prescribing
regulations to carry out the amendments made by this subsection,
the Secretary of Labor shall consult with the Secretary of
Defense and the Secretary of Veterans Affairs, as applicable.
(b) Leave for Civil Service Employees.--
(1) Exigency leave for servicemembers on covered active
duty.--
(A) Definition.--Section 6381(7) of title 5, United
States Code, is amended to read as follows:
``(7) the term `covered active duty' means--
``(A) in the case of a member of a regular component
of the Armed Forces, duty during the deployment of the
member with the Armed Forces to a foreign country; and
``(B) in the case of a member of a reserve component
of the Armed Forces, duty during the deployment of the
member with the Armed Forces to a foreign country under
a call or order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10, United
States Code;''.
(B) Leave.--Section 6382 of title 5, United States
Code, is amended--
(i) in subsection (a)(1), by adding at the end
the following:
``(E) Because of any qualifying exigency arising out of the
fact that the spouse, or a son, daughter, or parent of the
employee is on covered active duty (or has been notified of an
impending call or order to covered active duty) in the Armed
Forces.'';
(ii) in subsection (b)(1), by inserting after
the second sentence the following: ``Subject to
subsection (e)(3) and section 6383(f), leave under
subsection (a)(1)(E) may be taken intermittently
or on a reduced leave schedule.'';
(iii) in subsection (d), by striking ``or
(D)'' and inserting ``(D), or (E)''; and
(iv) in subsection (e), by adding at the end
the following:
``(3) In any case in which the necessity for leave under subsection
(a)(1)(E) is foreseeable, whether because the spouse, or a son,
daughter, or parent, of the employee is on covered active duty, or
because of notification of an impending call or order to covered active
duty, the employee shall provide such notice to the employer as is
reasonable and practicable.''.
(C) Certification.--Section 6383(f) of title 5,
United States Code, is amended by striking ``section
6382(a)(3)'' and inserting ``paragraph (1)(E) or (3) of
section 6382(a)''.
[[Page 2312]]
123 STAT. 2312
(2) Definition of covered servicemember.--Paragraph (8) of
section 6381 of title 5, United States Code, is amended to read
as follows:
``(8) the term `covered servicemember' means--
``(A) a member of the Armed Forces (including a
member of the National Guard or Reserves) who is
undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious
injury or illness; or
``(B) a veteran who is undergoing medical treatment,
recuperation, or therapy, for a serious injury or
illness and who was a member of the Armed Forces
(including a member of the National Guard or Reserves)
at any time during the period of 5 years preceding the
date on which the veteran undergoes that medical
treatment, recuperation, or therapy;''.
(3) Definitions of serious injury or illness; veteran.--
Section 6381 of title 5, United States Code, is further
amended--
(A) in paragraph (10), by striking ``and'' at the
end; and
(B) by striking paragraph (11) and inserting the
following:
``(11) the term `serious injury or illness'--
``(A) in the case of a member of the Armed Forces
(including a member of the National Guard or Reserves),
means an injury or illness that was incurred by the
member in line of duty on active duty in the Armed
Forces (or existed before the beginning of the member's
active duty and was aggravated by service in line of
duty on active duty in the Armed Forces) and that may
render the member medically unfit to perform the duties
of the member's office, grade, rank, or rating; and
``(B) in the case of a veteran who was a member of
the Armed Forces (including a member of the National
Guard or Reserves) at any time during a period described
in paragraph (8)(B), means an injury or illness that was
incurred by the member in line of duty on active duty in
the Armed Forces (or existed before the beginning of the
member's active duty and was aggravated by service in
line of duty on active duty in the Armed Forces) and
that manifested itself before or after the member became
a veteran; and
``(12) the term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.''.
(4) Technical amendment.--Section 6382(e)(2)(A) of title 5,
United States Code, is amended by striking ``or parent'' and
inserting ``parent, or covered servicemember''.
(5) <> Regulations.--In prescribing
regulations to carry out the amendments made by this subsection,
the Office of Personnel Management shall consult with the
Secretary of Defense and the Secretary of Veterans Affairs, as
applicable.
[[Page 2313]]
123 STAT. 2313
SEC. 566. 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. 567. IMPROVED PREVENTION AND RESPONSE TO ALLEGATIONS OF
SEXUAL ASSAULT INVOLVING MEMBERS OF THE
ARMED FORCES.
(a) Prevention and Response Plan.-- <> 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 revised plan for the
implementation of policies aimed at preventing and responding
effectively to sexual assaults involving members of the Armed Forces.
The revised implementation plan shall include, at a minimum, the
following elements:
(1) New initiatives aimed at reducing the number of sexual
assaults, including timelines for implementation of such
initiatives.
(2) Requirements for monitoring and reporting on progress in
implementation of such initiatives and methods to measure the
effectiveness of plans that implement the policies of the
Department of Defense regarding sexual assaults involving
members of the Armed Forces.
(3) Training programs for judge advocates, criminal
investigators, commanders, prospective commanding officers,
senior enlisted members, and personnel with less than six months
of active-duty service.
(4) Information about the status of implementation, funding
requirements and budgetary implications, and overall utility of
data reporting systems on incidents of sexual assault involving
members of the Armed Forces.
(5) Actions taken to implement recommendations of the
Defense Task Force on Sexual Assault in the Military Services
established pursuant to section 576 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 10 U.S.C. 4331 note).
(6) Information about the funding needed to fully implement
initiatives aimed at preventing and responding to sexual assault
involving members of the Armed Forces.
(b) Sexual Assault Medical Forensic Examinations.--
(1) Capability to conduct timely sexual assault medical
forensic examinations in combat zones.--
<> Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report evaluating the
protocols and capabilities of the Armed Forces to conduct timely
and effective sexual assault medical forensic examinations in
combat zones. The report shall include, at a minimum, the
following:
(A) The current availability of sexual assault
medical forensic examination protocols, trained
personnel, and requisite equipment in combat zones.
[[Page 2314]]
123 STAT. 2314
(B) An assessment of the barriers to providing
timely sexual assault medical forensic examinations to
victims of sexual assault at all echelons of care in
combat zones.
(C) Recommendations regarding improved capability to
conduct timely and effective sexual assault medical
forensic examinations in combat zones.
(2) Tricare coverage for forensic medical examinations
following sexual assaults.-- <> Not
later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
describing the progress made in implementing section 1079(a)(17)
of title 10, United States Code, as added by section 701 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2279).
(c) <> Military Protective Orders.--
(1) Requirement for data collection.--
(A) In general.--Pursuant to regulations prescribed
by the Secretary of Defense, information shall be
collected on--
(i) whether a military protective order was
issued that involved either the victim or alleged
perpetrator of a sexual assault; and
(ii) whether military protective orders
involving members of the Armed Forces were
violated in the course of substantiated incidents
of sexual assaults against members of the Armed
Forces.
(B) Submission of data.--The data required to be
collected under this subsection shall be included in the
annual report submitted to Congress on sexual assaults
involving members of the Armed Forces.
(2) Information to members.--
<> 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 explaining the
measures being taken to ensure that, when a military protective
order has been issued, the member of the Armed Forces who is
protected by the order is informed, in a timely manner, of the
member's option to request transfer from the command to which
the member is assigned.
(d) Comptroller General Report.--
(1) Report required.--Not later than one year after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report containing a review of the
capability of each of the Armed Forces to timely and effectively
investigate and adjudicate allegations of sexual assault against
members of the Armed Forces. The Comptroller General shall
determine whether existing policies and implementation plans of
the Department of Defense, and the resources devoted for this
purpose, are adequate or negatively affect the ability of each
of the Armed Forces to facilitate the prevention, investigation,
and adjudication of such allegations under the Uniform Code of
Military Justice.
(2) Elements of report.--The report required by paragraph
(1) shall refer to and incorporate the recommendations of the
Defense Task Force on Sexual Assault in the Military
[[Page 2315]]
123 STAT. 2315
Services regarding investigation and adjudication of sexual
assault, and include a review of the following:
(A) The procedures required by each of the Armed
Forces for responding to allegations of sexual assault
(including guidance to commanding officers, standard
operating and reporting procedures, and related
matters), and the personnel (including judge advocates)
and budgetary resources available to each of the Armed
Forces to respond to allegations of sexual assault.
(B) The scope and effectiveness of personnel
training methods regarding investigation and
adjudication of sexual assault cases.
(C) The capability to investigate and adjudicate
sexual assault cases in combat zones.
(D) An assessment whether the existing policies of
the Department of Defense aimed at preventing and
responding to incidents of sexual assault are adequate.
SEC. 568. COMPTROLLER GENERAL REPORT ON PROGRESS MADE IN
IMPLEMENTING RECOMMENDATIONS TO REDUCE
DOMESTIC VIOLENCE IN MILITARY FAMILIES.
(a) Assessment.-- <> The Comptroller General shall
review and assess the progress made by the Department of Defense in
implementing the recommendations contained in the report by the
Comptroller General entitled ``Military Personnel: Progress Made in
Implementing Recommendations to reduce Domestic Violence, but Further
Management Action Needed'' (GAO-06-540).
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Comptroller General shall submit to the congressional
defense committees a report containing the results of the review and
assessment under subsection (a).
SEC. 569. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON MILITARY
FAMILIES.
Not later than one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report containing--
(1) an assessment of the impact of domestic violence in
families of members of the Armed Forces on the children of such
families; and
(2) information on progress being made to ensure that
children of families of members of the Armed Forces receive
adequate care and services when such children are exposed to
domestic violence.
SEC. 570. REPORT ON INTERNATIONAL INTRAFAMILIAL ABDUCTION OF
CHILDREN OF MEMBERS OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of State and the Secretaries of the military
departments, submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the total number of
children abducted from and returned to members of the Armed Forces in
international intrafamilial abductions during the years 2007 through
2009, as such number was included in the numbers and elements of the
annual Report on Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction with respect to such years.
[[Page 2316]]
123 STAT. 2316
(b) Elements.--The report shall include an assessment of the
following:
(1) The current availability of, and the additional need
for, assistance (including general information, psychological
counseling, financial assistance, leave for travel, and legal
services) provided by the military departments to left-behind
members of the Armed Forces involved in international
intrafamilial child abductions for the purpose of obtaining the
return of their abducted children and ensuring the military
readiness of such members of the Armed Forces.
(2) The measures taken by the Department of Defense and the
military departments, including any written policy guidelines,
to prevent the abduction of children of members of the Armed
Forces.
(3) The means by which members of the Armed Forces are
educated on the risks of international intrafamilial child
abduction, particularly when they first arrive at a military
installation overseas or when the Armed Forces receive notice
that a member is considering marriage or divorce overseas.
SEC. 571. ASSESSMENT OF IMPACT OF DEPLOYMENT OF MEMBERS OF THE
ARMED FORCES ON THEIR DEPENDENT CHILDREN.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall undertake a
comprehensive assessment of the impacts of military deployment
on the dependent children of deployed members of the Armed
Forces.
(2) Consideration of separate categories of children.--In
conducting the assessment under paragraph (1), the Secretary
shall separately address each of the following categories of
dependent children of deployed members:
(A) Preschool-age children.
(B) Elementary-school age children.
(C) Teenage or adolescent children.
(3) Consideration of separate categories of members.--In
conducting the assessment under paragraph (1), the Secretary
shall separately address children of deployed members in the
following circumstances:
(A) Two-parent families with only one parent in the
Armed Forces.
(B) Members who are single parents.
(C) Parents who are both members and subject to dual
deployments.
(b) Elements.--The assessment undertaken under subsection (a) shall
specifically address the following:
(1) The impact that separation due to the deployment of a
military parent or parents has on children.
(2) The impact that multiple deployments of a military
parent or parents have on children.
(3) The impact that the return from deployment of a severely
wounded or injured military parent or parents has on children.
(4) The impact that the death of a military parent or
parents in connection with a deployment has on children.
(5) The impact that deployment of a military parent or
parents has on children with preexisting psychological
conditions, such as anxiety and depression.
[[Page 2317]]
123 STAT. 2317
(6) 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.
(7) Such other matters as the Secretary considers
appropriate.
(c) 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
containing the results of the assessment undertaken under subsection
(a), including the findings and recommendations of the Secretary as a
result of the assessment.
SEC. 572. REPORT ON CHILD CUSTODY LITIGATION INVOLVING SERVICE OF
MEMBERS OF THE ARMED FORCES.
(a) Report Required.--Not later than March 31, 2010, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report 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 of
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.
[[Page 2318]]
123 STAT. 2318
(8) Such other recommendations for legislative or
administrative action as the Secretary considers appropriate.
SEC. 573. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE FOR
MEMBERS 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 Representatives a report on financial assistance for child care
provided by the Department of Defense to members of the Armed Forces
(including 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 Armed
Forces (including 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) The number of qualified families that do not receive any
financial assistance for child care made available by the
Department of Defense.
(10) Any other matters the Comptroller General determines
relevant to the improvement of financial assistance to expand
access for child care made available by the Department of
Defense to members of the Armed Forces (including members of the
reserve components of the Armed Forces who are deployed in
connection with a contingency operation).
Subtitle H-- <> Military Voting
SEC. 575. <> SHORT TITLE.
This subtitle may be cited as the ``Military and Overseas Voter
Empowerment Act''.
[[Page 2319]]
123 STAT. 2319
SEC. 576. <> CLARIFICATION REGARDING
DELEGATION OF STATE RESPONSIBILITIES TO
LOCAL JURISDICTIONS.
Nothing in the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.) may be construed to prohibit a State from
delegating its responsibilities in carrying out the requirements of such
Act, including any requirements imposed as a result of the provisions of
and amendments made by this Act, to jurisdictions in the State.
SEC. 577. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED
SERVICES VOTERS AND OVERSEAS VOTERS TO
REQUEST AND FOR STATES TO SEND VOTER
REGISTRATION APPLICATIONS AND ABSENTEE
BALLOT APPLICATIONS BY MAIL AND
ELECTRONICALLY.
(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 the voter
prefers that such voter registration application or
absentee ballot application 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
[[Page 2320]]
123 STAT. 2320
``(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.
[[Page 2321]]
123 STAT. 2321
SEC. 578. 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 577, 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 the voter
prefers that such blank absentee ballot 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.
[[Page 2322]]
123 STAT. 2322
SEC. 579. 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 sections
577 and 578, 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 in which 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 in which 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
[[Page 2323]]
123 STAT. 2323
``(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) and sections 577 and 578, 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.''.
[[Page 2324]]
123 STAT. 2324
(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. 580. 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
[[Page 2325]]
123 STAT. 2325
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 sections 577, 578, and 579, 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)) 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:
[[Page 2326]]
123 STAT. 2326
``(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. 581. 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
[[Page 2327]]
123 STAT. 2327
``(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. 582. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND
ABSENTEE BALLOT APPLICATIONS, MARKED
ABSENTEE BALLOTS, AND FEDERAL WRITE-IN
ABSENTEE BALLOTS FOR FAILURE TO MEET
CERTAIN REQUIREMENTS.
(a) Voter Registration and Absentee Ballot Applications.--Section
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1) 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. 583. 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 580(a), is amended by inserting after section 103A the
following new section:
[[Page 2328]]
123 STAT. 2328
``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 580, 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).''.
(3) Effective date.-- <> The
amendments made by this subsection shall apply with respect to
the regularly scheduled general election for Federal office held
in November 2010 and each succeeding election for Federal
office.
(b) Voter Registration Assistance for Absent Uniformed Services
Voters.--
(1) In general.--Chapter 80 of title 10, United States Code,
is amended by inserting after section 1566 the following new
section:
``Sec. 1566a. Voting assistance: voter assistance offices
``(a) Designation of Offices on Military Installations as Voter
Assistance Offices.-- <> Not later than 180 days after
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2010 and under regulations prescribed by the Secretary of
Defense under subsection (f), the Secretaries of the military
[[Page 2329]]
123 STAT. 2329
departments shall designate offices on installations under their
jurisdiction to provide absent uniformed services voters, particularly
those individuals described in subsection (b), and their family members
with the following:
``(1) Information on voter registration procedures and
absentee ballot procedures (including the official post card
form prescribed under section 101 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff).
``(2) Information and assistance, if requested, including
access to the Internet where practicable, to register to vote in
an election for Federal office.
``(3) Information and assistance, if requested, including
access to the Internet where practicable, to update the
individual's voter registration information, including
instructions for absent uniformed services voters to change
their address by submitting the official post card form
prescribed under section 101 of the Uniformed and Overseas
Citizens Absentee Voting Act to the appropriate State election
official.
``(4) Information and assistance, if requested, to request
an absentee ballot under the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.).
``(b) Covered Individuals.--The individuals described in this
subsection are absent uniformed services voters who--
``(1) are undergoing a permanent change of duty station;
``(2) are deploying overseas for at least six months;
``(3) are returning from an overseas deployment of at least
six months; or
``(4) otherwise request assistance related to voter
registration.
``(c) Timing of Provision of Assistance.--The regulations prescribed
by the Secretary of Defense under subsection (f) shall ensure, to the
maximum extent practicable and consistent with military necessity, that
the assistance provided under subsection (a) is provided to a covered
individual described in subsection (b)--
``(1) if described in subsection (b)(1), as part of the
administrative in-processing of the covered individual upon
arrival at the new duty station of the covered individual;
``(2) if described in subsection (b)(2), as part of the
administrative out-processing of the covered individual in
preparation for deployment from the home duty station of the
covered individual;
``(3) if described in subsection (b)(3), as part of the
administrative in-processing of the covered individual upon
return to the home duty station of the covered individual; or
``(4) if described in subsection (b)(4), at the time the
covered individual requests such assistance.
``(d) Outreach.--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 subsection
(a), including--
``(1) the availability of information and voter registration
assistance at offices designated under subsection (a); and
``(2) the time, location, and manner in which an absent
uniformed services voter may utilize such assistance.
``(e) Authority To Designate Voting Assistance Offices as Voter
Registration Agency on Military Installations.--The Secretary of Defense
may authorize the Secretaries of the
[[Page 2330]]
123 STAT. 2330
military departments to designate offices on military installations as
voter registration agencies under section 7(a)(2) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)) for all purposes of
such Act. Any office so designated shall discharge the requirements of
this section, under the regulations prescribed by the Secretary of
Defense under subsection (f).
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations relating to the administration of the requirements of this
section. The regulations shall be prescribed before the regularly
scheduled general election for Federal office held in November 2010, and
shall be implemented for such general election for Federal office and
for each succeeding election for Federal office.
``(g) Definitions.--In this section:
``(1) The term `absent uniformed services voter' has the
meaning given that term in section 107(1) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)).
``(2) The term `Federal office' has the meaning given that
term in section 107(3) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-6(3)).
``(3) The term `Presidential designee' means the official
designated by the President under section 101(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(a)).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by inserting
after the item relating to section 1566 the following new item:
``1566a. Voting assistance: voter assistance offices.''.
SEC. 584. 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 sections 580 and 583, 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 sections 577, 578, 579, and 580, 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
[[Page 2331]]
123 STAT. 2331
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. 585. 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. 586. 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.
[[Page 2332]]
123 STAT. 2332
``(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 1566a of title
10, United States Code.
``(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 1566a of title 10, United States Code,
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.''.
[[Page 2333]]
123 STAT. 2333
SEC. 587. 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. 588. 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(a)(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) Conditions for Receipt of Funds.--
(1) Inclusion of compliance in state plan.--
(A) In general.--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 will comply with the provisions and
requirements of and amendments made by the Military and Overseas
Voter Empowerment Act.''.
(B) Conforming amendment.--Section 253(b)(1)(A) of
such Act (42 U.S.C. 15403(b)(1)(A)) is amended by
striking ``section 254'' and inserting ``section 254(a)
(or, for purposes of determining the eligibility of a
State to receive a requirements payment appropriated
pursuant to the authorization provided under section
257(a)(4), contains the element described in paragraph
(14) of such section)''.
(2) Waiver of plan for application of administrative
complaint procedures.--Section 253(b)(2) of such Act (42 U.S.C.
15403(b)(2)) is amended--
(A) by striking ``(2) The State'' and inserting
``(2)(A) Subject to subparagraph (B), the State''; and
(B) by adding at the end the following new
subparagraph:
``(B) Subparagraph (A) shall not apply for purposes of
determining the eligibility of a State to receive a requirements
payment appropriated pursuant to the authorization provided
under section 257(a)(4).''.
(3) Special rule for provision of 5 percent match.--Section
253(b)(5) of such Act (42 U.S.C. 15403(b)(5)) is amended--
(A) by striking ``(5) The State'' and inserting
``(5)(A) Subject to subparagraph (B), the State''; and
(B) by adding at the end the following new
subparagraph:
[[Page 2334]]
123 STAT. 2334
``(B) Subparagraph (A) shall not apply for purposes of
determining the eligibility of a State to receive a requirements
payment appropriated pursuant to the authorization provided
under section 257(a)(4) for fiscal year 2010, except that if the
State does not appropriate funds in accordance with subparagraph
(A) prior to the last day of fiscal year 2011, the State shall
repay to the Commission the requirements payment which is
appropriated pursuant to such authorization.''.
(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. 589. <> 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.
[[Page 2335]]
123 STAT. 2335
(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 provide the
Presidential designee with best practices or standards 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) to support the pilot program or programs.
(2) Report.--In the case in which 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.
Subtitle I--Other Matters
SEC. 591. 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:
[[Page 2336]]
123 STAT. 2336
``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 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
[[Page 2337]]
123 STAT. 2337
``(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. 592. NAVY GRANTS FOR PURPOSES OF NAVAL SEA CADET CORPS.
(a) Grants Authorized.--Chapter 647 of title 10, United States Code,
is amended by inserting after section 7541a the following new section:
``Sec. 7541b. Authority to make grants for purposes of Naval Sea
Cadet Corps
``Subject to the availability of funds for this purpose, the
Secretary of the Navy may make grants to support the purposes of Naval
Sea Cadet Corps, a federally chartered corporation under chapter 1541 of
title 36.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 647 of such title is amended by inserting after the item
relating to section 7541a the following new item:
``7541b. Authority to make grants for purposes of Naval Sea Cadet
Corps.''.
SEC. 593. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER
NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) Authority to Increase DOD Share of Program.--Section 509(d)(1)
of title 32, United States Code, is amended by striking ``60 percent of
the costs'' and inserting ``75 percent of the costs''.
(b) Effective Date.-- <> The amendment made
by subsection (a) shall take effect on October 1, 2009, and shall apply
with respect to fiscal years beginning on or after that date.
[[Page 2338]]
123 STAT. 2338
SEC. 594. EXPANSION OF MILITARY LEADERSHIP DIVERSITY COMMISSION TO
INCLUDE RESERVE COMPONENT REPRESENTATIVES.
Section 596(b)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4476) is amended by striking subparagraphs (C), (D), (E) and inserting
the following new subparagraphs:
``(C) An active commissioned officer from each of
the Army, Navy, Air Force, and Marine Corps, an active
commissioned officer from the National Guard, and an
active commissioned officer from the Reserves, each of
whom serves or has served in a leadership position with
either a military department command or combatant
command.
``(D) A retired general or flag officer from each of
the Army, Navy, Air Force, and Marine Corps, a retired
general or flag officer from the National Guard, and a
retired general or flag officer from the Reserves.
``(E) A retired noncommissioned officer from each of
the Army, Navy, Air Force, and Marine Corps, a retired
noncommissioned officer from the National Guard, and a
retired noncommissioned officer from the Reserves.''.
SEC. 595. 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--
[[Page 2339]]
123 STAT. 2339
``(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. 596. <> 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, in consultation with the Secretaries of the military
departments, shall 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 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
[[Page 2340]]
123 STAT. 2340
relating to the prevention, diagnosis, and treatment of
substance use disorders.
(B) The adequacy of the availability of care, and
access to care, for substance abuse 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 for substance abuse.
(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 among members of the reserve components, and
the appropriate disposition, including disciplinary
action and administrative separation, of members of the
reserve components for substance abuse.
(H) The adequacy of the prevention, diagnosis, and
treatment of substance use disorders in dependents 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
[[Page 2341]]
123 STAT. 2341
(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 dependents.
(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 dependents.
(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 dependents of a core of evidence-based
practices across the spectrum of medical and non-medial services
and treatments for substance use disorders, including the
reestablishment of regional long-term inpatient substance abuse
treatment programs. The Secretary may use contracted services
for not longer than three years after the date of the enactment
of this Act to perform such inpatient substance abuse treatment
until the Department of Defense reestablishes this capability
within the military health care system.
[[Page 2342]]
123 STAT. 2342
(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 dependents.
(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 dependents.--Instructions on the
availability of services for substance use disorders for
dependents of members of the Armed Forces, including
instructions on making such services available to
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 members of the Armed
Forces for substance abuse.
(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
[[Page 2343]]
123 STAT. 2343
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 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 dependents regarding substance
use disorders.
(ii) Enhanced and improved identification and
diagnosis of substance use disorders in members of
the Armed Forces and their dependents.
(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.
[[Page 2344]]
123 STAT. 2344
(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 disorders
programs for dependents of members of the Armed Forces,
whether such dependents 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. 597. REPORTS ON YELLOW RIBBON REINTEGRATION PROGRAM AND OTHER
REINTEGRATION PROGRAMS.
(a) Report on Reintegration Programs Generally.--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
members of the National Guard and Reserves and their families.
(b) Additional Elements of Annual Reports on Yellow Ribbon
Reintegration Program.--The annual reports on the Yellow Ribbon
Reintegration Program under section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
122; 10 U.S.C. 10101 note) that are submitted under subsection (e)(4) of
such section after the date of the enactment of this Act shall include
the following:
(1) In the first such annual report submitted after the date
of the enactment of this Act--
(A) a description and assessment of the
implementation of the Yellow Ribbon Reintegration
Program in fiscal year 2009, including--
(i) an assessment of best practices from pilot
programs offered by various States to provide
services to supplement the services available
through the Yellow Ribbon Reintegration Program;
and
[[Page 2345]]
123 STAT. 2345
(ii) an assessment of the feasibility of
incorporating such practices into the Yellow
Ribbon Reintegration Program; and
(B) current plans for the further implementation of
the Yellow Ribbon Reintegration Program during fiscal
year 2010.
(2) A list of the accounts (including accounts of the
military departments and accounts for the Office of the
Secretary of Defense) from which funds for the Yellow Ribbon
Reintegration Program were derived during the most recent fiscal
year, and an explanation why such accounts were the source of
funding for programs and activities under the Yellow Ribbon
Reintegration Program.
(3) An assessment of the extent to which funding for the
Yellow Ribbon Reintegration Program during the most recent
fiscal year supported robust joint programs that provided
reintegration and support services to members of the National
Guard and Reserves and their families regardless of Armed Force
with which served.
(4) An assessment of the extent to which programs and
activities under the Yellow Ribbon Reintegration Program during
the preceding year were coordinating closely with appropriate
programs and activities of the Department of Veterans Affairs.
(5) A description of current strategies to mitigate
difficulties in sustaining attendance at events under the Yellow
Ribbon Reintegration Program, and an explanation why funds, if
any, that are available for the Yellow Ribbon Reintegration
Program but remain unexpended have not been used for the Yellow
Ribbon Reintegration Program.
SEC. 598. <> REPORTS ON PROGRESS IN
COMPLETION OF CERTAIN INCIDENT INFORMATION
MANAGEMENT TOOLS.
Not later than 120 days after the date of the enactment of this Act,
and every six months thereafter, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report detailing the progress of the Secretary with
respect to the completion of the following:
(1) The Defense Incident-Based Reporting System.
(2) The Defense Sexual Assault Incident Database.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Increase in maximum monthly amount of supplemental subsistence
allowance for low-income members with dependents.
Sec. 603. Special compensation for members of the uniformed services
with catastrophic injuries or illnesses requiring assistance
in everyday living.
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence
program for certain periods before implementation of program.
Sec. 605. Report on housing standards and housing surveys used to
determine basic allowance for housing.
Sec. 606. Comptroller General comparative assessment of military and
private-sector pay and benefits.
[[Page 2346]]
123 STAT. 2346
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Sec. 617. Technical corrections and conforming amendments to reconcile
conflicting amendments regarding continued payment of bonuses
and similar benefits for certain members.
Sec. 618. Proration of certain special and incentive pays to reflect
time during which a member satisfies eligibility requirements
for the special or incentive pay.
Sec. 619. Additional assignment pay or special duty pay authorized for
members agreeing to serve in Afghanistan for extended
periods.
Sec. 620. Temporary authority for monthly special pay for members of the
Armed Forces subject to continuing active duty or service
under stop-loss authorities.
Sec. 621. Army authority to provide additional recruitment incentives.
Sec. 622. Report on recruitment and retention of members of the Air
Force in nuclear career fields.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation for survivors of deceased members of
the uniformed services to attend memorial ceremonies.
Sec. 632. Travel and transportation allowances for designated
individuals of wounded, ill, or injured members of the
uniformed services for duration of inpatient treatment.
Sec. 633. Authorized travel and transportation allowances for non-
medical attendants for very seriously and seriously wounded,
ill, or injured members.
Sec. 634. Reimbursement of travel expenses of members of the Armed
Forces on active duty and their dependents for travel for
specialty care under exceptional circumstances.
Sec. 635. Report on adequacy of weight allowances for transportation of
baggage and household effects for members of the uniformed
services.
Subtitle D--Disability, Retired Pay, and Survivor Benefits
Sec. 641. Transition assistance for reserve component members injured
while on active duty.
Sec. 642. Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service after retirement.
Sec. 643. Election to receive retired pay for non-regular service upon
retirement for service in an active reserve status performed
after attaining eligibility for regular retirement.
Sec. 644. Report on re-determination process for permanently
incapacitated dependents of retired and deceased members of
the Armed Forces.
Sec. 645. Treatment as active service for retired pay purposes of
service as member of Alaska Territorial Guard during World
War II.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 651. Limitation on Department of Defense entities offering personal
information services to members and their dependents.
Sec. 652. Report on impact of purchasing from local distributors all
alcoholic beverages for resale on military installations on
Guam.
Subtitle F--Other Matters
Sec. 661. Limitations on collection of overpayments of pay and
allowances erroneously paid to members.
Sec. 662. Sense of Congress on airfares for members of the Armed Forces.
Sec. 663. Sense of Congress on establishment of flexible spending
arrangements for the uniformed services.
Sec. 664. Sense of Congress regarding support for compensation,
retirement, and other military personnel programs.
[[Page 2347]]
123 STAT. 2347
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. 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.--I22 (1) In general.--Not later than
September 1, 2010, the Secretary of Defense, in consultation with the
Secretary of Agriculture, shall 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 and Nutrition
Act of 2008 (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 and to
notify their commanding officer if they are accepted for
participation in the supplemental nutrition assistance
program.
(D) A method for accurately determining the total
number of members of the Armed Forces who are
participating in the supplemental nutrition assistance
program.
[[Page 2348]]
123 STAT. 2348
(E) Such other matters as the Secretary of Defense
considers appropriate.
SEC. 603. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED
SERVICES WITH CATASTROPHIC 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 catastrophic injuries or illnesses
requiring assistance in everyday living
``(a) Monthly Compensation Authorized.--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 a catastrophic injury or illness that was incurred
or aggravated in the line of duty;
``(2) 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;
``(3) in the absence of the provision of such assistance,
would require hospitalization, nursing home care, or other
residential institutional care; and
``(4) 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 value of the aid and attendance care necessary to
assist the member in performing the personal functions required
in everyday living, to be determined regardless of the sources
of the care (other than the source identified in subparagraph
(A)) actually being provided to the member.
``(d) Duration.--The eligibility of a member to receive special
monthly compensation under subsection (a) expires on the earlier of the
following:
``(1) The last day of the month during which a 90-day period
ends that begins on the date of the separation or retirement of
the member.
``(2) The last day of the month during which the member
dies.
``(3) The last day of the month during which the member is
determined to be no longer afflicted with the catastrophic
injury or illness referred to in subsection (b)(1).
[[Page 2349]]
123 STAT. 2349
``(4) The last day of the month preceding the month during
which the member begins receiving compensation under section
1114(r)(2) of title 38.
``(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.--(1) <> 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.
``(2) The Secretary of Defense shall ensure that a member eligible
to receive special monthly compensation under this section is aware that
the member's eligibility for such compensation will expire pursuant to
subsection (d)(1) after the end of the 90-day period that begins on the
date of the separation or retirement of the member even though the
member has not begun to receive compensation under section 1114(r)(2) of
title 38 before the end of such period.
``(g) Catastrophic Injury or Illness Defined.--In this section, the
term `catastrophic injury or illness' means a permanent, severely
disabling injury, disorder, or illness that the Secretary concerned
determines compromises the ability of the afflicted person to carry out
the activities of daily living to such a degree that the person
requires--
``(1) personal or mechanical assistance to leave home or
bed; or
``(2) constant supervision to avoid physical harm to self or
others.
``(h) 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 such compensation.
(E) A summary of the types of injuries, disorders,
and illnesses of members of the uniformed services
receiving
[[Page 2350]]
123 STAT. 2350
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
catastrophic injuries or illnesses requiring assistance in
everyday living.''.
SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE
ABSENCE PROGRAM FOR CERTAIN PERIODS BEFORE
IMPLEMENTATION OF PROGRAM.
(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) 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.
(e) 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.
(f) 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.
[[Page 2351]]
123 STAT. 2351
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(5) of title 37, United States Code.
(g) Duration.--
(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.
SEC. 605. REPORT ON HOUSING STANDARDS AND HOUSING SURVEYS USED TO
DETERMINE BASIC ALLOWANCE FOR HOUSING.
(a) Report Required.--Not later than July 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the following reviews:
(1) A review of the housing standards used to determine the
monthly rates of basic allowance for housing under section 403
of title 37, United States Code.
(2) A review of the process and schedule for conducting
surveys used to establish locality rates in housing areas to
determine such monthly rates of basic allowance for housing.
(b) Elements of Housing Standards Review.--In conducting the reviews
under subsection (a), the Secretary shall consider whether the housing
standards and survey process are suitable in terms of--
(1) recognizing the societal needs and expectations of
families in the United States;
(2) providing for an appropriate quality of life for members
of the Armed Forces in all grades;
(3) recognizing the appropriate rewards and prestige
associated with promotion to higher military grades throughout
the rank structure; and
(4) reflecting the most current housing cost data available.
(c) Inclusion of Recommended Changes.--The report required by
subsection (a) shall include--
(1) such recommended changes to the housing standards,
including an estimate of the cost of each recommended change, as
the Secretary considers appropriate; and
(2) such recommended changes to improve the survey process,
including ensuring that the housing cost data used to establish
the rates is the most current data available, as the Secretary
considers appropriate.
SEC. 606. COMPTROLLER GENERAL COMPARATIVE ASSESSMENT OF MILITARY
AND PRIVATE-SECTOR PAY AND BENEFITS.
(a) Study Required.--The Comptroller General 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 to assess how the
differences in pay and benefits effect recruiting and retention of
members of the Armed Forces.
(b) Elements.--The study required by subsection (a) shall include,
but not be limited to, the following:
[[Page 2352]]
123 STAT. 2352
(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 with similar
job responsibilities and working conditions as 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 attract and retain
quality individuals to serve in the Armed Forces.
(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.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve enlistment
bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve enlistment
and reenlistment bonus for persons with prior service.
(7) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service.
[[Page 2353]]
123 STAT. 2353
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title 10,
United States Code, are amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for medical
officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES
FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY,
AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
[[Page 2354]]
123 STAT. 2354
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(i), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(j), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(i), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of chapter 5 of title 37, United States Code,
are amended by striking ``December 31, 2009'' and inserting ``December
31, 2010'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(7) Section 327(h), relating to incentive bonus for transfer
between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
REFERRAL BONUSES.
The following sections of title 10, United States Code, are amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
(1) Section 1030(i), relating to health professions referral
bonus.
(2) Section 3252(h), relating to Army referral bonus.
SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO
RECONCILE CONFLICTING AMENDMENTS REGARDING
CONTINUED PAYMENT OF BONUSES AND SIMILAR
BENEFITS FOR CERTAIN MEMBERS.
(a) Technical Corrections to Reconcile Conflicting Amendments.--
Section 303a(e) of title 37, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(3) in paragraph (5), as so redesignated, by striking
``paragraph (3)(B)'' and inserting ``paragraph (4)(B)'';
(4) by redesignating paragraph (2), as added by section
651(b) of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as
paragraph (3); and
[[Page 2355]]
123 STAT. 2355
(5) by redesignating the second subparagraph (B) of
paragraph (1), originally added as paragraph (2) by section
2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat. 3526)
and erroneously designated as subparagraph (B) by section
651(a)(3) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495),
as paragraph (2).
(b) Inclusion of Hubbard Act Amendment in Consolidated Special Pay
and Bonus Authorities.--Section 373(b) of such title is amended--
(1) in paragraph (2), by striking the paragraph heading and
inserting ``Special rule for deceased and disabled members.--'';
and
(2) by adding at the end the following new paragraph:
``(3) Special rule for members who receive sole survivorship
discharge.--(A) If a member of the uniformed services receives a
sole survivorship discharge, the Secretary concerned--
``(i) shall not require repayment by the member of
the unearned portion of any bonus, incentive pay, or
similar benefit previously paid to the member; and
``(ii) may grant an exception to the requirement to
terminate the payment of any unpaid amounts of a bonus,
incentive pay, or similar benefit if the Secretary
concerned determines that termination of the payment of
the unpaid amounts would be contrary to a personnel
policy or management objective, would be against equity
and good conscience, or would be contrary to the best
interests of the United States.
``(B) <> In this paragraph, the term
`sole survivorship discharge' means the separation of a member
from the Armed Forces, at the request of the member, pursuant to
the Department of Defense policy permitting the early separation
of a member who is the only surviving child in a family in
which--
``(i) the father or mother or one or more siblings--
``(I) served in the Armed Forces; and
``(II) was killed, died as a result of wounds,
accident, or disease, is in a captured or missing
in action status, or is permanently 100 percent
disabled or hospitalized on a continuing basis
(and is not employed gainfully because of the
disability or hospitalization); and
``(ii) the death, status, or disability did not
result from the intentional misconduct or willful
neglect of the parent or sibling and was not incurred
during a period of unauthorized absence.''.
SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS TO
REFLECT TIME DURING WHICH A MEMBER
SATISFIES ELIGIBILITY REQUIREMENTS FOR THE
SPECIAL OR INCENTIVE PAY.
(a) Special Pay for Duty Subject to Hostile Fire or Imminent
Danger.--Section 310 of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``and Special Pay Amount'' in the
subsection heading; and
[[Page 2356]]
123 STAT. 2356
(B) by striking ``at the rate of $225 for any
month'' in the matter preceding paragraph (1) and
inserting ``under subsection (b) for any month or
portion of a month'';
(2) in subsection (c), by striking paragraph (3);
(3) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Special Pay Amount; Proration.--(1) The special pay authorized
by subsection (a) may not exceed $225 a month.
``(2) Except as provided in subsection (c), if a member does not
satisfy the eligibility requirements specified in paragraphs (1) and (2)
of subsection (a) for an entire month for receipt of special pay under
subsection (a), the Secretary concerned may prorate the payment amount
to reflect the duration of the member's actual qualifying service during
the month.''.
(b) Hazardous Duty Pay.--Section 351 of such title is amended--
(1) by striking subsections (c) and (d) and redesignating
subsections (e) through (i) as subsections (d) through (h),
respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Method of Payment; Proration.--
``(1) Monthly payment.--Subject to paragraph (2), hazardous
duty pay shall be paid on a monthly basis.
``(2) Proration.--If a member does not satisfy the
eligibility requirements specified in paragraph (1), (2), or (3)
of subsection (a) for an entire month for receipt of hazardous
duty pay, the Secretary concerned may prorate the payment amount
to reflect the duration of the member's actual qualifying
service during the month.''.
(c) Assignment or Special Duty Pay.--Section 352(b)(1) of such title
is amended by adding at the end the following new sentence: ``If paid
monthly, the Secretary concerned may prorate the monthly amount of the
assignment or special duty pay for a member who does not satisfy the
eligibility requirement for an entire month to reflect the duration of
the member's actual qualifying service during the month.''.
(d) Skill Incentive Pay.--Section 353 of such title is amended--
(1) by striking subsection (f) and redesignating subsections
(g) through (j) as subsections (f) through (i), respectively;
and
(2) in subsection (c), by striking paragraph (1) and
inserting the following new paragraph:
``(1) Skill incentive pay.--(A) Skill incentive pay under
subsection (a) may not exceed $1,000 a month.
``(B) If a member does not satisfy the eligibility
requirements specified in paragraphs (1) and (2) of subsection
(a) for an entire month for receipt of skill incentive pay, the
Secretary concerned may prorate the payment amount to reflect
the duration of the member's actual qualifying service during
the month. A member of a reserve component entitled to
compensation under section 206 of this title who is authorized
skill incentive pay under subsection (a) may be paid an amount
of such pay that is proportionate to the compensation received
[[Page 2357]]
123 STAT. 2357
by the member under section 206 of this title for inactive-duty
training.''.
SEC. 619. <> ADDITIONAL ASSIGNMENT PAY OR
SPECIAL DUTY PAY AUTHORIZED FOR MEMBERS
AGREEING TO SERVE IN AFGHANISTAN FOR
EXTENDED PERIODS.
(a) Authority to Provide Additional Assignment Pay or Special Duty
Pay.--The Secretary of Defense may provide assignment pay or special
duty pay under section 352 of title 37, United States Code, in excess of
the maximum amount of monthly or lump sum assignment or special duty pay
authorized under subsection (b) of such section, to members of the Armed
Forces (particularly members who achieve language proficiency at levels
and in languages specified by the Secretary of Defense) who agree to
serve on active duty in Afghanistan for a minimum of three years. The
assignment period required by the agreement shall provide for reasonable
periods of leave.
(b) Reporting Requirements.--The Secretary shall submit to Congress
an annual report on the use of the authority provided under subsection
(a) during the preceding year, including--
(1) the number of members of the Armed Forces receiving
assignment pay or special duty pay under section 352 of title
37, United States Code, in excess of the maximum amount
otherwise authorized under such section; and
(2) an assessment of the impact of the use of such authority
on the effectiveness and efficiency in achieving the United
States mission in Afghanistan.
(c) Duration of Authority.--The authority provided by subsection (a)
to offer additional assignment pay or special duty pay under section 352
of title 37, United States Code, expires on December 31, 2012. The
expiration of such authority shall not affect the terms or duration of
any agreement entered into before that date to provide additional
assignment pay or special duty pay under such section.
SEC. 620. <> TEMPORARY AUTHORITY FOR
MONTHLY SPECIAL PAY FOR MEMBERS OF THE
ARMED FORCES SUBJECT TO CONTINUING ACTIVE
DUTY OR SERVICE UNDER STOP-LOSS
AUTHORITIES.
(a) Special Pay Authorized.--The Secretary of the military
department concerned may pay monthly special pay to any member of the
Army, Navy, Air Force, or Marine Corps (including a member of a reserve
component thereof) for any month, or portion of a month, in which the
member serves on active duty in the Armed Forces, or has the member's
eligibility for retirement from the Armed Forces suspended, as described
in subsection (b).
(b) Eligibility Requirements. <> --A member of
the Armed Forces referred to in subsection (a) is eligible to receive
special pay under this section if the member, at any time during the
period beginning on October 1, 2009, and ending on June 30, 2011, serves
on active duty 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'') that authorizes the President to extend an enlistment
or period of obligated service, or suspend eligibility for retirement,
of a member of the Armed
[[Page 2358]]
123 STAT. 2358
Forces in time of war or 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.
SEC. 621. <> ARMY AUTHORITY TO PROVIDE
ADDITIONAL RECRUITMENT INCENTIVES.
(a) Extension of Authority.--Subsection (i) of section 681 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3321) is amended to read as follows:
``(i) Duration 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, 2012.
``(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.''.
(b) Limitation on Use of Authority.--Subsection (e) of such section
is amended by inserting ``at the same time'' after ``provided''.
SEC. 622. 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 and officer
retention 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) A description of the steps the Air Force has taken,
including the use of retention bonuses or assignment incentive
pay, to improve recruiting and reenlistment of enlisted
personnel and accession and retention of officers 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, retention, and assignment by the
[[Page 2359]]
123 STAT. 2359
Air Force of skilled personnel in the positions described in
paragraph (1).
(7) Such other matters as the Secretary considers
appropriate.
Subtitle C--Travel and Transportation Allowances
SEC. 631. 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)''.
SEC. 632. 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.--
[[Page 2360]]
123 STAT. 2360
(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 subsection (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
[[Page 2361]]
123 STAT. 2361
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 411k 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 roundtrips 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
[[Page 2362]]
123 STAT. 2362
(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. 633. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-
MEDICAL ATTENDANTS FOR VERY SERIOUSLY AND
SERIOUSLY WOUNDED, ILL, OR INJURED
MEMBERS.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411j the following new
section:
``Sec. 411k. Travel and transportation allowances: non-medical
attendants for members who are determined to be
very seriously or seriously wounded, ill, or
injured
``(a) Allowance for Non-medical Attendant. <> --
Under uniform regulations prescribed by the Secretaries concerned,
travel and transportation described in subsection (d) may be provided
for a qualified non-medical attendant for a covered member of the
uniformed services described in subsection (c) if the attending
physician or surgeon and the commander or head of the military medical
facility exercising control over the member determine that the presence
of such an attendant may contribute to the member's health and welfare.
``(b) Qualified Non-medical Attendant.--For purposes of this
section, a qualified non-medical attendant, with respect to a covered
member, is an individual who--
``(1) is designated by the member to be a non-medical
attendant for the member for purposes of this section; and
``(2) is determined by the attending physician or surgeon
and the commander or head of the military medical facility to be
appropriate to serve as a non-medical attendant for the member
and whose presence may contribute to the health and welfare of
the member.
[[Page 2363]]
123 STAT. 2363
``(c) Covered Members.--A member of the uniformed services covered
by this section is a member who--
``(1) as a result of a wound, illness, or injury, has been
determined by the attending physician or surgeon to be in the
category known as `very seriously wounded, ill, or injured' or
`seriously wounded, ill, or injured'; and
``(2) is hospitalized for treatment of the wound, illness,
or injury or requires continuing outpatient treatment for the
wound, illness, or injury.
``(d) Authorized Travel and Transportation.--(1) The transportation
authorized by subsection (a) for a qualified non-medical attendant for a
member is round-trip transportation between the home of the attendant
and the location at which the member is receiving treatment and may
include transportation, while accompanying the member, to any other
location to which the member is subsequently transferred for further
treatment. A designated non-medical attendant under this section may not
also be a designated individual for travel and transportation allowances
section 411h(a) of this title.
``(2) The transportation authorized by subsection (a) includes any
travel necessary to obtain treatment for the member at the location to
which the member is permanently assigned.
``(3) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the travel, or a
combination thereof, but not to exceed the rates established under
section 404(d) of this title.
``(4) The transportation authorized by subsection (a) may be
provided by any of the following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind at a rate to be prescribed by the Secretaries concerned.
``(C) Reimbursement for the commercial cost of
transportation.
``(5) An allowance payable under this subsection may be paid in
advance.
``(6) Reimbursement payable under this subsection may not exceed the
cost of Government-procured commercial round-trip air travel.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
related to section 411j the following new item:
``411k. Travel and transportation allowances: non-medical attendants for
members determined to be very seriously or seriously wounded,
ill, or injured.''.
(b) <> Applicability.--No reimbursement may
be provided under section 411k of title 37, United States Code, as added
by subsection (a), for travel and transportation costs incurred before
the date of the enactment of this Act.
SEC. 634. 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
[[Page 2364]]
123 STAT. 2364
(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. REPORT ON ADEQUACY OF WEIGHT ALLOWANCES FOR
TRANSPORTATION OF BAGGAGE AND HOUSEHOLD
EFFECTS FOR MEMBERS OF THE UNIFORMED
SERVICES.
(a) Report Required.--Not later than July 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees a report
containing--
(1) a review of the weight allowances provided for the
transportation of baggage and household goods under section
406(b)(1)(C) of title 37, United States Code; and
(2) such recommended changes to the weight allowance,
including an estimate of the cost of each recommended change, as
the Secretary considers appropriate.
(b) Elements of Review.--The Secretary shall consider whether the
weight allowances reviewed under subsection (a) are suitable in terms
of--
(1) recognizing the societal needs and expectations of
families in the United States;
(2) providing for an appropriate quality of life for members
of the Armed Forces in all grades; and
(3) recognizing the appropriate rewards and prestige
associated with promotion to higher military grade, with
particular attention to mid-grade and senior noncommissioned
officer ranks.
Subtitle D--Disability, Retired Pay, and Survivor Benefits
SEC. 641. TRANSITION ASSISTANCE FOR RESERVE COMPONENT MEMBERS
INJURED WHILE ON ACTIVE DUTY.
(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 for reserve component members
injured while on active duty
``(a) Provision of Certain Information.--Before a member of a
reserve component described in subsection (b) is demobilized or
separated from the armed forces, the Secretary of the military
department concerned shall provide to the member the following
information:
``(1) Information on the availability of care and
administrative processing through community based warrior
transition units.
[[Page 2365]]
123 STAT. 2365
``(2) Information on the location of the community based
warrior transition unit located nearest to the permanent place
of residence of the member.
``(b) Covered Members. <> --Subsection (a)
applies to members of a reserve component who are injured while on
active duty in the armed forces.''.
(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
for reserve component members injured while on active
duty.''.
SEC. 642. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED
GRADE OF RESERVE RETIREES TO REFLECT
SERVICE AFTER RETIREMENT.
(a) Recomputation of Retired Pay.--Section 12739 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e)(1) If a member of the Retired Reserve is recalled to an active
status in the Selected Reserve of the Ready Reserve under section
10145(d) of this title and completes not less than two years of service
in such active status, the member is entitled to the recomputation under
this section of the retired pay of the member.
``(2) The Secretary concerned may reduce the two-year service
requirement specified in paragraph (1) in the case of a member who--
``(A) is recalled to serve in a position of adjutant general
required under section 314 of title 32 or in a position of
assistant adjutant general subordinate to such a position of
adjutant general;
``(B) completes at least one year of service in such
position; and
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position is
terminated or vacated as described in section 324(b) of title
32.''.
(b) Adjustment of Retired Grade.--Section 12771 of such title is
amended--
(1) by striking ``Unless'' and inserting ``(a) Grade on
Transfer.--Unless''; and
(2) by adding at the end the following new subsection:
``(b) Effect of Subsequent Recall to Active Status.--(1) If a member
of the Retired Reserve who is a commissioned officer is recalled to an
active status in the Selected Reserve of the Ready Reserve under section
10145(d) of this title and completes not less than two years of service
in such active status, the member is entitled to an adjustment in the
retired grade of the member in the manner provided in section 1370(d) of
this title.
``(2) The Secretary concerned may reduce the two-year service
requirement specified in paragraph (1) in the case of a member who--
``(A) is recalled to serve in a position of adjutant general
required under section 314 of title 32 or in a position of
assistant adjutant general subordinate to such a position of
adjutant general;
``(B) completes at least one year of service in such
position; and
[[Page 2366]]
123 STAT. 2366
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position is
terminated or vacated as described in section 324(b) of title
32.''.
SEC. 643. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE
UPON RETIREMENT FOR SERVICE IN AN ACTIVE
RESERVE STATUS PERFORMED AFTER ATTAINING
ELIGIBILITY FOR REGULAR RETIREMENT.
(a) Election Authority; Requirements.--Subsection (a) of section
12741 of title 10, United States Code, is amended to read as follows:
``(a) Authority to Elect to Receive Reserve Retired Pay.--(1)
Notwithstanding the requirement in paragraph (4) of section 12731(a) of
this title that a person may not receive retired pay under this chapter
when the person is entitled, under any other provision of law, to
retired pay or retainer pay, a person may elect to receive retired pay
under this chapter, instead of receiving retired or retainer pay under
chapter 65, 367, 571, or 867 of this title, if the person--
``(A) satisfies the requirements specified in paragraphs (1)
and (2) of such section for entitlement to retired pay under
this chapter;
``(B) served in an active status in the Selected Reserve of
the Ready Reserve after becoming eligible for retirement under
chapter 65, 367, 571, or 867 of this title (without regard to
whether the person actually retired or received retired or
retainer pay under one of those chapters); and
``(C) completed not less than two years of satisfactory
service (as determined by the Secretary concerned) in such
active status (excluding any period of active service).
``(2) The Secretary concerned may reduce the minimum two-year
service requirement specified in paragraph (1)(C) in the case of a
person who--
``(A) completed at least one year of service in a position
of adjutant general required under section 314 of title 32 or in
a position of assistant adjutant general subordinate to such a
position of adjutant general; and
``(B) failed to complete the minimum years of service solely
because the appointment of the person to such position was
terminated or vacated as described in section 324(b) of title
32.''.
(b) Actions to Effectuate Election.--Subsection (b) of such section
is amended by striking paragraph (1) and inserting the following new
paragraph:
``(1) terminate the eligibility of the person to retire
under chapter 65, 367, 571, or 867 of this title, if the person
is not already retired under one of those chapters, and
terminate entitlement of the person to retired or retainer pay
under one of those chapters, if the person was already receiving
retired or retainer pay under one of those chapters; and''.
(c) Conforming Amendment to Reflect New Variable Age Requirement for
Retirement.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable to
the person under section 12731(f) of this title''; and
[[Page 2367]]
123 STAT. 2367
(2) in paragraph (2)(A), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable to
the person under such section''.
(d) Retired Pay Base.--
(1) Members becoming members before september 8, 1980.--
Section 1406(b)(2) of such title is amended by inserting after
``when retired pay is granted'' the following: ``(or, in the
case of a person entitled to retired pay by reason of an
election under section 12741(a) of this title, at rates
applicable on the date the person completes the service required
under such section 12741(a))''.
(2) Members becoming members after september 7, 1980.--
Section 1407(d)(4) of such title is amended by inserting after
``became entitled to retired pay'' the following: ``or, in the
case of a member or former member entitled to retired pay by
reason of an election under section 12741(a) of this title,
before the member or former member completes the service
required under such section 12741(a),''.
(e) Clerical Amendments.--
(1) Section heading.--The heading for section 12741 of such
title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed
in the Selected Reserve of the Ready Reserve
after eligibility for regular retirement''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1223 of such title is amended by striking
the item relating to section 12741 and inserting the following
new item:
``12741. Retirement for service in an active status performed in the
Selected Reserve of the Ready Reserve after eligibility for
regular retirement.''.
SEC. 644. REPORT ON RE-DETERMINATION PROCESS FOR PERMANENTLY
INCAPACITATED DEPENDENTS OF RETIRED AND
DECEASED MEMBERS OF THE ARMED FORCES.
(a) Report Required.--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.
(b) Elements.--The report required by subsection (a) 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.
[[Page 2368]]
123 STAT. 2368
(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. 645. <> 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.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
SEC. 651. <> LIMITATION ON DEPARTMENT OF DEFENSE
ENTITIES OFFERING PERSONAL INFORMATION
SERVICES TO MEMBERS AND THEIR DEPENDENTS.
(a) Imposition of Limitation.--Subchapter III of chapter 147 of
title 10, United States Code, is amended by inserting after section 2492
the following new section:
``Sec. 2492a. Limitation on Department of Defense entities
competing with private sector in offering
personal information services
``(a) Limitation.--(1) Notwithstanding section 2492 of this title,
the Secretary of Defense may not authorize a Department of Defense
entity to offer or provide personal information services directly to
users using Department resources, personnel, or equipment, or compete
for contracts to provide such personal information services directly to
users, if users will be charged a fee for the personal information
services to recover the cost incurred to provide the services or to earn
a profit.
``(2) The limitation in paragraph (1) shall not be construed to
prohibit or preclude the use of Department resources, personnel,
[[Page 2369]]
123 STAT. 2369
or equipment to administer or facilitate personal information services
contracts with private contractors.
``(b) Exceptions.--The limitation in subsection (a) shall not apply
if the Secretary of Defense determines that--
``(1) a private sector vendor is not available to provide
the personal information services at specific locations;
``(2) the interests of the user population would be best
served by allowing the Government to provide such services; or
``(3) circumstances (as specified by the Secretary for
purposes of this section) are such that the provision of such
services by a Department entity is in the best interest of the
Government or military users in general.
``(c) Personal Information Services Defined.--In this section, the
term `personal information services' means the provision of Internet,
telephone, or television services to consumers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after section 2492 the following
new item:
``2492a. Limitation on Department of Defense entities competing with
private sector in offering personal information services.''.
(c) <> Effect on Existing Contracts.--
Section 2492a of title 10, United States Code, as added by subsection
(a), does not affect the validity or terms of any contract for the
provision of personal information services entered into before the date
of the enactment of this Act.
SEC. 652. REPORT ON IMPACT OF PURCHASING FROM LOCAL DISTRIBUTORS
ALL ALCOHOLIC BEVERAGES FOR RESALE ON
MILITARY INSTALLATIONS ON GUAM.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report evaluating the impact of reimposing the
requirement, effective for fiscal year 2008 pursuant to section 8073 of
the Department of Defense Appropriations Act, 2008 (division A of Public
Law 110-116; 121 Stat. 1331) but not extended for fiscal year 2009, that
all alcoholic beverages intended for resale on military installations on
Guam be purchased from local sources.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The concerns of nonappropriated funds activities over
the one-year imposition of the local-purchase requirement and
the impact the requirement had on alcohol resale prices.
(2) The stated justification for any change in the price of
alcoholic beverages for resale on military installations on
Guam.
(3) The actions of the nonappropriated fund activities in
complying with the local purchase requirements for resale of
alcoholic beverages and their purchase of such affected products
before and after the effective date of the provision of law
referred to in subsection (a).
(4) The extent to which nonappropriated funds activities on
military installations on Guam are implementing the applicable
Department of Defense instruction and the methods used to
determine the resale price of alcoholic beverages.
[[Page 2370]]
123 STAT. 2370
Subtitle F--Other Matters
SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY AND
ALLOWANCES ERRONEOUSLY PAID TO MEMBERS.
(a) Maximum Monthly Percentage of Member's Pay Authorized for
Deduction.--Paragraph (3) of subsection (c) of section 1007 of title 37,
United States Code, is amended by striking ``20 percent'' and inserting
``15 percent''.
(b) Requests for Delay in Repayment.--Such paragraph is further
amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) In all cases described in subparagraph (A), the Secretary
concerned shall provide a reasonable opportunity for the member to
request a delay in the imposition of the repayment requirement to
recover the indebtedness. Before beginning collection efforts, the
Secretary concerned shall consider the reasons provided by the member
for the requested delay, including the financial ability of the member
to repay the indebtedness, and the hardship that immediate collection
would impose on the member and the member's dependents.''.
(c) Delay in Instituting Collections From Wounded or Injured
Members.--Paragraph (4) of such subsection is amended to read as
follows:
``(4)(A) If a member of the uniformed services, through no fault of
the member, incurs a wound, injury, or illness while in the line of duty
in a combat operation or combat zone designated by the President or the
Secretary of Defense, any overpayment of pay or allowances made to the
member while the member recovers from the wound, injury, or illness may
not be deducted from the member's pay until--
``(i) <> the member is notified of the
overpayment; and
``(ii) <> the later of the following
occurs:
``(I) The end of the 180-day period beginning on the
date of the completion of the tour of duty of the member
in the combat operation or combat zone.
``(II) The end of the 90-day period beginning on the
date of the reassignment of the member from a military
treatment facility or other medical unit outside of the
theater of operations.
``(B) Subparagraph (A) shall not apply if the member, after
receiving notification of the overpayment, requests or consents to
initiation at an earlier date of the collection of the overpayment of
the pay or allowances.''.
(d) Effective Date. <> --The amendments
made by this section shall apply only with respect to an overpayment of
pay or allowances made to a member of the uniformed services after the
date of the enactment of this Act.
SEC. 662. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE ARMED
FORCES.
It is the sense of Congress that--
(1) all United States commercial air 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
[[Page 2371]]
123 STAT. 2371
(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;
(C) seek to eliminate or reduce baggage and excess
weight fees;
(D) offer flexible terms that allow members 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. 663. 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. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSATION,
RETIREMENT, AND OTHER MILITARY PERSONNEL
PROGRAMS.
It is the sense of Congress that members of the Armed Forces and
their families and survivors and military retirees deserve ongoing
recognition and support for their service and sacrifices on behalf of
the United States, and Congress will continue to be vigilant in
identifying appropriate direct spending offsets that can be used to
address shortcomings within those military personnel programs that incur
mandatory spending obligations.
[[Page 2372]]
123 STAT. 2372
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 702. Health care for members of the reserve components.
Sec. 703. Enhancement of transitional dental care for members of the
reserve components on active duty for more than 30 days in
support of a contingency operation.
Sec. 704. Expansion of survivor eligibility under TRICARE dental
program.
Sec. 705. TRICARE Standard coverage for certain members of the Retired
Reserve who are qualified for a non-regular retirement but
are not yet age 60.
Sec. 706. Constructive eligibility for TRICARE benefits of certain
persons otherwise ineligible under retroactive determination
of entitlement to Medicare part A hospital insurance
benefits.
Sec. 707. Notification of certain individuals regarding options for
enrollment under Medicare part B.
Sec. 708. Mental health assessments for members of the Armed Forces
deployed in connection with a contingency operation.
Sec. 709. Temporary TRICARE inpatient fee modification.
Subtitle B--Health Care Administration
Sec. 711. Comprehensive policy on pain management by the military health
care system.
Sec. 712. Administration and prescription of psychotropic medications
for members of the Armed Forces before and during deployment.
Sec. 713. Cooperative health care agreements between military
installations and non-military health care systems.
Sec. 714. Plan to increase the mental health capabilities of the
Department of Defense.
Sec. 715. Department of Defense study on management of medications for
physically and psychologically wounded members of the Armed
Forces.
Sec. 716. Limitation on obligation of funds under defense health program
information technology programs.
Subtitle C--Other Matters
Sec. 721. Study and plan to improve military health care.
Sec. 722. Study, plan, and pilot for the mental health care needs of
dependent children of members of the Armed Forces.
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members
and former members of the Armed Forces.
Sec. 724. Department of Defense Task Force on the Care, Management, and
Transition of Recovering Wounded, Ill, and Injured Members of
the Armed Forces.
Sec. 725. Chiropractic clinical trials.
Sec. 726. Independent study on post-traumatic stress disorder efforts.
Sec. 727. Report on implementation of requirements on the relationship
between the TRICARE program and employer-sponsored group
health plans.
Sec. 728. Report on stipends for members of reserve components for
health care for certain dependents.
Subtitle A--Improvements to Health Benefits
SEC. 701. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL
POSITIONS TO CIVILIAN MEDICAL AND DENTAL
POSITIONS.
Subsection (a) of section 721 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 198; 10 U.S.C.
129c note) is amended--
(1) by striking ``during the period beginning on'' and
inserting ``on or after''; and
(2) by striking ``, and ending on September 30, 2012''.
[[Page 2373]]
123 STAT. 2373
SEC. 702. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS.
Section 1074(d)(1)(B) of title 10, United States Code, is amended by
striking ``90 days'' and inserting ``180 days''.
SEC. 703. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEMBERS OF
THE RESERVE COMPONENTS ON ACTIVE DUTY FOR
MORE THAN 30 DAYS IN SUPPORT OF A
CONTINGENCY OPERATION.
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.'';
(4) in paragraph (4), as redesignated by paragraph (2) of
this section, by striking ``paragraph (6)'' and inserting
``paragraph (7)''; and
(5) in subparagraph (A) of paragraph (6), as redesignated by
paragraph (2) of this section, by striking ``paragraph (4)'' and
inserting ``paragraph (5)''.
SEC. 704. EXPANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE DENTAL
PROGRAM.
Paragraph (3) of section 1076a(k) of title 10, United States Code,
is amended to read as follows:
``(3) <> Such term does not include a dependent
by reason of paragraph (2) after the end of the three-year period
beginning on the date of the member's death, except that, in the case of
a dependent of the deceased who is described by subparagraph (D) or (I)
of section 1072(2) of this title, the period of continued eligibility
shall be the longer of the following periods beginning on such date:
``(A) Three years.
``(B) The period ending on the date on which such dependent
attains 21 years of age.
``(C) In the case of such dependent who, at 21 years of age,
is enrolled in a full-time course of study in a secondary school
or in a full-time course of study in an institution of higher
education approved by the administering Secretary and was, at
the time of the member's death, in fact dependent on the member
for over one-half of such dependent's support, the period ending
on the earlier of the following dates:
``(i) The date on which such dependent ceases to
pursue such a course of study, as determined by the
administering Secretary.
``(ii) The date on which such dependent attains 23
years of age.''.
[[Page 2374]]
123 STAT. 2374
SEC. 705. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE
RETIRED RESERVE WHO ARE QUALIFIED FOR A
NON-REGULAR RETIREMENT BUT ARE NOT YET AGE
60.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076d the following new section:
``Sec. 1076e. TRICARE program: TRICARE Standard coverage for
certain members of the Retired Reserve who are
qualified for a non-regular retirement but are
not yet age 60
``(a) Eligibility.--(1) Except as provided in paragraph (2), a
member of the Retired Reserve of a reserve component of the armed forces
who is qualified for a non-regular retirement at age 60 under chapter
1223 of this title, but is not age 60, is eligible for health benefits
under TRICARE Standard as provided in this section.
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.
``(b) Termination of Eligibility Upon Obtaining Other TRICARE
Standard Coverage.--Eligibility for TRICARE Standard coverage of a
member under this section shall terminate upon the member becoming
eligible for TRICARE Standard coverage at age 60 under section 1086 of
this title.
``(c) Family Members.--While a member of a reserve component is
covered by TRICARE Standard under this section, the members of the
immediate family of such member are eligible for TRICARE Standard
coverage as dependents of the member. If a member of a reserve component
dies while in a period of coverage under this section, the eligibility
of the members of the immediate family of such member for TRICARE
Standard coverage under this section shall continue for the same period
of time that would be provided under section 1086 of this title if the
member had been eligible at the time of death for TRICARE Standard
coverage under such section (instead of under this section).
``(d) Premiums.--(1) A member of a reserve component covered by
TRICARE Standard under this section shall pay a premium for that
coverage.
``(2) The Secretary of Defense shall prescribe for the purposes of
this section one premium for TRICARE Standard coverage of members
without dependents and one premium for TRICARE Standard coverage of
members with dependents referred to in subsection
(f)(1). <> The premium prescribed for a coverage
shall apply uniformly to all members of the reserve components covered
under this section.
``(3) The monthly amount of the premium in effect for a month for
TRICARE Standard coverage under this section shall be the amount equal
to the cost of coverage that the Secretary determines on an appropriate
actuarial basis.
``(4) <> The Secretary shall prescribe the
requirements and procedures applicable to the payment of premiums under
this subsection.
``(5) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year
[[Page 2375]]
123 STAT. 2375
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(b)(1) of this title is entitled; and
``(B) health benefits contracted for under the
authority of section 1086(a) of this title and subject
to the same rates and conditions as apply to persons
covered under that section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1076d the following new item:
``1076e. TRICARE program: TRICARE Standard coverage for certain members
of the Retired Reserve who are qualified for a non-regular
retirement but are not yet age 60.''.
(c) Effective Date <> .--Section 1076e of
title 10, United States Code, as inserted by subsection (a), shall apply
to coverage for months beginning on or after October 1, 2009, or such
earlier date as the Secretary of Defense may specify.
SEC. 706. 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.''.
[[Page 2376]]
123 STAT. 2376
SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS
FOR ENROLLMENT UNDER MEDICARE PART B.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1110a. Notification of certain individuals regarding
options for enrollment under Medicare part B
``(a) In General.--(1) As soon as practicable, the Secretary of
Defense shall notify each individual described in subsection (b)--
``(A) that the individual is no longer eligible for health
care benefits under the TRICARE program under this chapter; and
``(B) of options available for enrollment of the individual
in the supplementary medical insurance program under part B of
title XVIII of the Social Security Act (42 U.S.C. 1395j et
seq.).
``(2) In carrying out this subsection, the Secretary of Defense
shall--
``(A) <> establish procedures for
identifying individuals described in subsection (b); and
``(B) <> consult with the Secretary of
Health and Human Services to accurately identify and notify such
individuals.
``(b) Individuals Described.--An individual described in this
subsection is an individual who is--
``(1) a covered beneficiary;
``(2) entitled to benefits under part A of title XVIII of
the Social Security Act (42 U.S.C. 1395c) under section 226(b)
or section 226A of such Act (42 U.S.C. 426(b) and 426-1); and
``(3) eligible to enroll in the supplementary medical
insurance program under part B of such title (42 U.S.C. 1395j et
seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1110 the following new item:
``1110a. Notification of certain individuals regarding options for
enrollment under Medicare part B.''.
SEC. 708. <> MENTAL HEALTH ASSESSMENTS
FOR MEMBERS OF THE ARMED FORCES DEPLOYED
IN CONNECTION WITH A CONTINGENCY
OPERATION.
(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.
[[Page 2377]]
123 STAT. 2377
(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, suicidal tendencies, and other behavioral health conditions
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 conditions.
(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
[[Page 2378]]
123 STAT. 2378
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. 709. TEMPORARY TRICARE INPATIENT FEE MODIFICATION.
Section 1086(b)(3) of title 10, United States Code, is amended by
striking ``September 30, 2009'' and inserting ``September 30, 2010''.
Subtitle B--Health Care Administration
SEC. 711. <> COMPREHENSIVE POLICY ON PAIN
MANAGEMENT BY THE MILITARY HEALTH CARE
SYSTEM.
(a) Comprehensive Policy Required. <> --Not later
than March 31, 2011, 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 of Defense.
(3) The consistent application of pain assessments
throughout the Department of Defense.
[[Page 2379]]
123 STAT. 2379
(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. 712. <> ADMINISTRATION AND
PRESCRIPTION OF PSYCHOTROPIC MEDICATIONS
FOR MEMBERS OF THE ARMED FORCES BEFORE AND
DURING DEPLOYMENT.
(a) Report Required.--Not later than October 1, 2010, the Secretary
of Defense shall submit to the congressional defense committees a report
on the implementation of policy guidance dated November 7, 2006,
regarding deployment-limiting psychiatric conditions and medications.
(b) Policy Required. <> --Not later than October 1,
2010, the Secretary shall establish and implement a policy for the use
of
[[Page 2380]]
123 STAT. 2380
psychotropic medications for deployed members of the Armed Forces. The
policy shall, at a minimum, address the following:
(1) The circumstances or diagnosed conditions for which such
medications may be administered or prescribed.
(2) The medical personnel who may administer or prescribe
such medications.
(3) The method in which the administration or prescription
of such medications will be documented in the medical records of
members of the Armed Forces.
(4) The exam, treatment, or other care that is required
following the administration or prescription of such
medications.
SEC. 713. <> COOPERATIVE HEALTH CARE
AGREEMENTS BETWEEN MILITARY INSTALLATIONS
AND NON-MILITARY HEALTH CARE SYSTEMS.
(a) Authority.--The Secretary of Defense may establish cooperative
health care agreements between military installations and local or
regional health care systems.
(b) Requirements.--In establishing an agreement under subsection
(a), the Secretary shall--
(1) <> consult with--
(A) the Secretary of the military department
concerned;
(B) representatives from the military installation
selected for the agreement, including the TRICARE
managed care support contractor with responsibility for
such installation; and
(C) Federal, State, and local government officials;
(2) identify and analyze health care services available in
the area in which the military installation is located,
including such services available at a military medical
treatment facility or in the private sector (or a combination
thereof);
(3) <> determine the cost avoidance or
savings resulting from innovative partnerships between the
Department of Defense and the private sector; and
(4) <> determine the opportunities for
and barriers to coordinating and leveraging the use of existing
health care resources, including such resources of Federal,
State, local, and private entities.
(c) Annual Reports.--Not later than December 31 of each year an
agreement entered into under this section is in effect, the Secretary
shall submit to the congressional defense committees a report on each
such agreement. Each report shall include, at a minimum, the following:
(1) A description of the agreement.
(2) Any cost avoidance, savings, or increases as a result of
the agreement.
(3) A recommendation for continuing or ending the agreement.
(d) Rule of Construction.--Nothing in this section shall be
construed as authorizing the provision of health care services at
military medical treatment facilities or other facilities of the
Department of Defense to individuals who are not otherwise entitled or
eligible for such services under chapter 55 of title 10, United States
Code.
[[Page 2381]]
123 STAT. 2381
SEC. 714. <> PLAN TO INCREASE THE MENTAL
HEALTH CAPABILITIES OF THE DEPARTMENT OF
DEFENSE.
(a) Increased Authorizations. <> --Not later than
180 days after the date of the enactment of this Act, the Secretary of
each military department shall increase the number of active duty mental
health personnel authorized for the department under the jurisdiction of
the Secretary in an amount equal to the sum of the following amounts:
(1) The greater of--
(A) the amount identified on personnel authorization
documents as required but not authorized to be filled;
or
(B) the amount that is 25 percent of the amount
identified on personnel authorization documents as
authorized.
(2) The amount required to fulfill the requirements of
section 708, as determined by the Secretary concerned.
(b) Report and Plan on the Required Number of Mental Health
Personnel.--
(1) In general.--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
appropriate number of mental health personnel required to meet
the mental health care needs of members of the Armed Forces,
retired members, and dependents. The report shall include, at a
minimum, the following:
(A) An evaluation of the recommendation titled
``Ensure an Adequate Supply of Uniformed Providers''
made by the Department of Defense Task Force on Mental
Health established by section 723 of the National
Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3348).
(B) The criteria and models used to determine the
appropriate number of mental health personnel.
(C) The plan under paragraph (2).
(2) Plan.--The Secretary shall develop and implement a plan
to significantly increase the number of military and civilian
mental health personnel of the Department of Defense by
September 30, 2013. The plan 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 mental health professions.
(B) The offering of accession and retention bonuses
for psychologists pursuant to 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.
[[Page 2382]]
123 STAT. 2382
(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 mental health
personnel from administrative positions to clinical
positions in support of military units.
(G) The offering of civilian hiring incentives and
bonuses and the use of direct hiring authority to
increase the number of mental health personnel of the
Department of Defense.
(H) Such other mechanisms to increase the number of
mental health personnel of the Department of Defense as
the Secretary considers appropriate.
(c) Report on Additional Officer or Enlisted Military Specialties
for Mental Health.--
(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 mental health specialities
for officers or enlisted members of the Armed Forces 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 mental
health specialities for officers or enlisted members of
the Armed Forces.
(B) For each military specialty recommended to be
established under subparagraph (A)--
(i) a description of the qualifications
required for such speciality, which 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. 715. 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 the
risks associated with the administration of medications,
[[Page 2383]]
123 STAT. 2383
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 associated with the administration 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 the Federal
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
associated with the administration 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. 716. LIMITATION ON OBLIGATION OF FUNDS UNDER DEFENSE HEALTH
PROGRAM INFORMATION TECHNOLOGY PROGRAMS.
(a) Limitation. <> --Of each amount described in
subsection (c), not more than 50 percent of the amount remaining
unobligated as of the date of the enactment of this Act may be obligated
until 30 days after the Deputy Secretary of Defense, acting in the
capacity of Chief Management Officer of the Department of Defense
pursuant to section 132 of title 10, United States Code, submits to the
congressional defense committees a report in accordance with subsection
(b).
(b) Report.--The report required under subsection (a) shall be on
improvements to the governance and execution of health information
management and information technology programs planned and programmed to
electronically support clinical medical care within the military health
system. Such report shall include each of the following:
(1) An assessment of the capability of the enterprise
architecture to achieve optimal clinical practices and health
care outcomes.
(2) For each health information management and information
technology program covered by the report, an identification and
assessment of the risks associated with achieving the timelines
and goals of the program.
(3) A plan of action to mitigate the risks identified under
paragraph (2).
(4) An assessment of the appropriateness of the health
information management and information technology technical
architecture and whether that architecture leverages the current
best practices of industry, including the ability to meet the
interoperability standards required by section 1635 of the
Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C.
1071 note), as amended by section 252 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year for 2009
(Public Law 110-417; 122 Stat. 4400).
[[Page 2384]]
123 STAT. 2384
(5) An assessment, in coordination with the Secretary of
Veterans Affairs, of--
(A) the capability of the Department of Defense of
meeting the requirements for joint interoperability with
the Department of Veterans Affairs, as required by such
section 1635; and
(B) the progress the Secretary of Defense and the
Secretary of Veterans Affairs have made on the
establishment of a joint virtual lifetime electronic
record for members of the Armed Forces.
(6) A plan to take corrective actions that are necessary to
remedy shortfalls identified as a result of the assessments
under this subsection.
(7) An assessment of the estimated resources required in
future years to achieve optimal information technology support
for health care clinical practice and quality and compliance
with the requirements of such section 1635.
(8) An analysis of the methods by which the Office of the
Assistant Secretary of Defense for Health Affairs procures
health information management and information technology goods
and services, and of the appropriateness of the application of
legal and acquisition authorities.
(9) An analysis of the capabilities of the Office of the
Assistant Secretary of Defense for Health Affairs to carry out
necessary governance, management, and development functions of
health information management and information technology
systems, including--
(A) the recommendations of the Assistant Secretary
for improvements to the Office or alternative
organizational structures for the Office; and
(B) alternative organizations within the Department
of Defense with equal or greater management capabilities
for health information management and information
technology.
(10) A recommendation as to whether health information
management and information technology systems of the Department
of Defense should be included in and subject to the requirements
of section 2222 of title 10, United States Code.
(c) Covered Authorizations or Appropriations.--Amounts described in
this section are the following amounts authorized to be appropriated for
the Department of Defense for fiscal year 2010:
(1) Of the amounts authorized to be appropriated for
operation and maintenance for the Defense Health Program (DHP
IM/IT Support Program), $116,200,000.
(2) Of the amounts authorized to be appropriated for
procurement for the Defense Health Program, $144,600,000.
(3) Of the amounts authorized to be appropriated for
information technology development (program element 65013),
$124,400,000.
(d) Comptroller General Review. <> --
Not later than 30 days after the Deputy Secretary submits the report
required under subsection (a), the Comptroller General of the United
States shall submit to the congressional defense committees the results
of an assessment carried out by the Comptroller General of the report
and plan of action to achieve Department goals and mitigate risk in the
management and execution of health information management and
information technology programs.
[[Page 2385]]
123 STAT. 2385
Subtitle C--Other Matters
SEC. 721. <> STUDY AND PLAN TO IMPROVE
MILITARY HEALTH CARE.
(a) Study and Report Required.--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 health care
needs of dependents (as defined in section 1072(2) of title 10, United
States Code). The report shall include, at a minimum, the following:
(1) With respect to both the direct care system and the
purchased care system, an analysis of the type of health care
facility in which dependents seek care.
(2) The 10 most common medical conditions for which
dependents seek care.
(3) The availability of and access to health care providers
to treat the conditions identified under paragraph (2), both in
the direct care system and the purchased care system.
(4) Any shortfalls in the ability of dependents to obtain
required health care services.
(5) Recommendations on how to improve access to care for
dependents.
(6) With respect to dependents accompanying a member
stationed at a military installation outside of the United
States, the need for and availability of mental health care
services.
(b) Enhanced Military Health System and Improved TRICARE.--
(1) In general.--The Secretary of Defense, in consultation
with the other administering Secretaries, shall undertake
actions to enhance the capability of the military health system
and improve the TRICARE program.
(2) Elements.--In undertaking actions to enhance the
capability of the military health system and improve the TRICARE
program under paragraph (1), the Secretary shall consider the
following actions:
(A) Actions to guarantee the availability of care
within established access standards for eligible
beneficiaries, based on the results of the study
required by subsection (a).
(B) 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 (Public Law 104-201; 110 Stat.
2593; 10 U.S.C. 1073 note)).
(C) Actions using medical technology to speed and
simplify referrals for specialty care.
(D) Actions to improve regional or national staffing
capabilities in order to enhance support provided to
military medical treatment facilities facing staff
shortages.
(E) Actions to improve health care access for
members of the reserve components and their families,
including such access with respect to mental health care
and consideration of access issues for members and their
families located in rural areas.
(F) Actions to ensure consistency throughout the
TRICARE program to comply with access standards, which
[[Page 2386]]
123 STAT. 2386
are applicable to both commanders of military treatment
facilities and managed care support contractors.
(G) Actions to create new budgeting and resource
allocation methodologies to fully support and
incentivize care provided by military treatment
facilities.
(H) Actions regarding additional financing options
for health care provided by civilian providers.
(I) Actions to reduce administrative costs.
(J) Actions to control the cost of health care and
pharmaceuticals.
(K) Actions to audit the Defense Enrollment
Eligibility Reporting System to improve system checks on
the eligibility of TRICARE beneficiaries.
(L) Actions, including a comprehensive plan, for the
enhanced availability of prevention and wellness care.
(M) Actions using technology to improve direct
communication with beneficiaries regarding health and
preventive care.
(N) Actions to create performance metrics by which
to measure improvement in the TRICARE program.
(O) Such other actions as the Secretary, in
consultation with the other administering Secretaries,
considers appropriate.
(c) Quality Assurance.--In undertaking actions under this section,
the Secretary of Defense and the other administering Secretaries shall
continue or enhance the current level of quality health care provided by
the Department of Defense and the military departments with no adverse
impact to cost, access, or care.
(d) 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.
(e) Reports Required.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees an initial report on the
progress made in undertaking actions under this section and
future plans for improvement of the military health system.
(2) Report required with fiscal year 2012 budget proposal.--
Together with the budget justification materials submitted to
Congress in support of the Department of Defense budget for
fiscal year 2012 (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code), the
Secretary shall submit to the congressional defense committees a
report setting forth the following:
(A) Updates on the progress made in undertaking
actions under this section.
(B) Future plans for improvement of the military
health system.
(C) An explanation of how the budget submission may
reflect such progress and plans.
(3) Periodic reports.--The Secretary shall, on a periodic
basis, submit to the congressional defense committees a report
on the progress being made in the improvement of the TRICARE
program under this section.
(4) Elements.--Each report under this subsection shall
include the following:
[[Page 2387]]
123 STAT. 2387
(A) A description and assessment of the progress
made as of the date of such report in the improvement of
the TRICARE program.
(B) Such recommendations for administrative or
legislative action as the Secretary considers
appropriate to expedite and enhance the improvement of
the TRICARE program.
(f) 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. 722. <> STUDY, PLAN, AND PILOT FOR
THE MENTAL HEALTH CARE NEEDS OF DEPENDENT
CHILDREN OF MEMBERS OF THE ARMED FORCES.
(a) Report and Plan on the 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 of 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 Education Activity 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
[[Page 2388]]
123 STAT. 2388
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.
(b) Comprehensive Plan for Improvements in Access to Care and
Counseling.--The Secretary shall develop and implement 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 subsection (a) shall provide the basis for the development
of the plan.
(c) Pilot Program.--
(1) Elements.--The Secretary of the Army shall carry out a
pilot program on the mental health care needs of military
children and adolescents. In carrying out the pilot program, the
Secretary shall establish a center to--
(A) develop teams to train primary care managers in
mental health evaluations and treatment of common
psychiatric disorders affecting children and
adolescents;
(B) develop strategies to reduce barriers to
accessing behavioral health services and encourage
better use of the programs and services by children and
adolescents; and
(C) expand the evaluation of mental health care
using common indicators, including--
(i) psychiatric hospitalization rates;
(ii) non-psychiatric hospitalization rates;
and
(iii) mental health relative value units.
(2) Reports.--
(A) Not later than 90 days after establishing the
pilot program, the Secretary of the Army shall submit to
the congressional defense committees a report describing
the--
(i) structure and mission of the program; and
(ii) the resources allocated to the program.
(B) Not later than September 30, 2012, the Secretary
of the Army shall submit to the congressional defense
committees a report that addresses the elements
described under paragraph (1).
SEC. 723. CLINICAL TRIAL ON COGNITIVE REHABILITATIVE THERAPY FOR
MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES.
(a) Clinical Trial Required.--The Secretary of Defense shall provide
for a clinical trial to assess the efficacy of cognitive rehabilitative
therapy 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 described in this subsection is a member or former
member of the Armed Forces who--
(1) has been diagnosed with a traumatic brain injury (TBI)
incurred in the line of duty in Operation Iraqi Freedom or
Operation Enduring Freedom; and
(2) is referred by a qualified physician, as determined by
the Secretary, for cognitive rehabilitative therapy.
(c) Funding.--
[[Page 2389]]
123 STAT. 2389
(1) In general.--The trial required by subsection (a) shall
be funded as a medical research project using amounts authorized
to be appropriated for Defense Health Program for research and
development.
(2) Prohibition on use of certain funds.--Amounts in the
Department of Defense Medicare-Eligible Retiree Health Care Fund
under chapter 56 of title 10, United States Code, may not be
used to carry out the provisions of this section.
(d) Reports.--
(1) Report on plan and design for trial.--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 plan for the conduct of the trial
required by subsection (a), including a description of the
proposed design of the trial.
(2) Final report.--Not later than one year after the
completion of the trial required by subsection (a), the
Secretary shall submit to the congressional defense committees a
report setting forth, at a minimum, the following:
(A) An assessment of the efficacy of cognitive
rehabilitative therapy in treating traumatic brain
injury in members and former members of the Armed Forces
described in subsection (b).
(B) Such recommendations as the Secretary considers
appropriate on means to provide increased access to
safe, effective, and quality cognitive rehabilitative
therapy services for such members and former members,
including recommendations regarding the following:
(i) Procedures for access of such members and
former members to cognitive rehabilitative therapy
services, including appropriate treatment plans
and outcome measures.
(ii) Qualifications and supervisory
requirements for licensed and certified health
care professionals in the provision of such
services to such members and former members.
(iii) A methodology for reimbursing providers
of such services in the provision of such services
to such members and former members.
(C) The recommendation of the Secretary as to the
advisability of including cognitive rehabilitative
therapy as a benefit under the TRICARE program.
SEC. 724. 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
[[Page 2390]]
123 STAT. 2390
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 continuous improvement of such policies and programs.
(3) Relation to senior oversight committee.--The Secretary
shall ensure that the Task Force is independent of the Senior
Oversight Committee (as defined in section 726(c) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4509)).
(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
[[Page 2391]]
123 STAT. 2391
(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) Annual Report.--
(1) In general.--Not later than 12 months after the date on
which all members of the Task Force have been appointed, and
each year thereafter for the life of the Task Force, the Task
Force shall submit to the Secretary of Defense a report on the
activities of the Task Force and the activities of the
Department of Defense and the military departments to assist and
support the care, management, and transition of recovering
wounded, ill, and injured members of the Armed Forces. 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 best practices and 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) A plan for the activities of the Task Force in
the year following the year covered by the report.
(D) 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 reports, 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 use 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.
[[Page 2392]]
123 STAT. 2392
(3) Matters to be reviewed and assessed.--For purposes of
the reports, the Task Force shall review and assess the
following:
(A) Case management, including the numbers and types
of medical and non-medical 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) 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.
(C) The establishment and effectiveness of
performance and accountability standards for warrior
transition units and programs.
(D) The availability of services for traumatic brain
injury and post traumatic stress disorder.
(E) 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.
(F) 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 (title XVI of
Public Law 110-181; 122 Stat. 460; 10 U.S.C. 1071 note).
(G) 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.
(H) The support available to family caregivers of
recovering wounded, ill, and injured members of the
Armed Forces.
(I) The legal support available to recovering
wounded, ill, and injured members of the Armed Forces
and their families.
(J) The availability of vocational training for
recovering wounded, ill, and injured members of the
Armed Forces seeking to transition to civilian life.
(K) The effectiveness of any measures under pilot
programs to improve or enhance the military disability
evaluation system.
(L) 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.
[[Page 2393]]
123 STAT. 2393
(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) Interagency matters affecting recovering
wounded, ill, and injured members of the Armed Forces in
their transition to civilian life.
(O) 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.
(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 a
report required by paragraph (1), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives the report and the Secretary's
evaluation of the report.
(d) Plan Required. <> --Not later than six months
after the receipt of a report under subsection (c), 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 included in the report.
(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 on the date that is
five years after the date of the enactment of this Act.
[[Page 2394]]
123 STAT. 2394
SEC. 725. CHIROPRACTIC CLINICAL TRIALS.
(a) Clinical Trials Required.--The Secretary of Defense shall
provide for the clinical trials described under subsection (b) to be
conducted by the National Institutes of Health or an independent
academic institution as the Secretary shall select for the purposes of
conducting each trial.
(b) Clinical Trials Described.--
(1) Controlled trials.--The clinical trials required by
subsection (a) shall include controlled trials that, at a
minimum, compare the outcomes of chiropractic treatment, used
either exclusively or as an adjunct to other treatments, with
conventional treatment on the following topics:
(A) Pain management.
(B) Orthopedic injuries or disorders that do not
require surgery.
(C) Smoking cessation.
(2) Interventional trials.--The clinical trials required by
subsection (a) shall include interventional trials that, at a
minimum, cover the following topics:
(A) The effect of chiropractic treatment on the
reflexes and reaction times of special operation forces.
(B) The effect of chiropractic treatment on
strength, balance, and injury prevention for members of
the Armed Forces with combat specialties operating in a
combat theater.
(c) Schedule.--
(1) First trial.--The first clinical trial required by
subsection (a) shall begin not later than one year after the
date of the enactment of this Act.
(2) Final trial.--The final clinical trial required by
subsection (a) shall begin not later than two years after the
date of the enactment of this Act.
(d) Trial Participants.--A participant of a clinical trial required
by subsection (a) shall be a member of the Armed Forces on active duty.
(e) Chiropractic Providers.--Chiropractic treatment provided during
a clinical trial required by subsection (a) shall be provided by a
doctor of chiropractic who is licensed as a doctor of chiropractic,
chiropractic physician, or chiropractor by a State, the District of
Columbia, or a territory or possession of the United States, subject to
credentialing requirements prescribed by the Secretary.
(f) Reports.--
(1) Trial protocol reports.--Not later than 30 days before
each clinical trial required by subsection (a) is scheduled to
begin, the Secretary shall submit to the congressional defense
committees a report on the protocol of such clinical trial.
(2) Final reports.--Not later than one year after the
completion of each clinical trial required by subsection (a),
the Secretary shall submit to the congressional defense
committees a report on such clinical trial, including any
recommendations regarding chiropractic treatment for covered
beneficiaries (as such term is defined in section 1072(5) of
title 10, United States Code).
[[Page 2395]]
123 STAT. 2395
SEC. 726. INDEPENDENT STUDY ON POST-TRAUMATIC STRESS DISORDER
EFFORTS.
(a) Study Required.--The Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall provide for a study on the
treatment of post-traumatic stress disorder to be conducted by the
Institute of Medicine of the National Academy of Sciences or such other
independent entity as the Secretary shall select for purposes of the
study.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) A list of each operative program and method available
for the prevention, screening, diagnosis, treatment, or
rehabilitation of post-traumatic stress disorder, including--
(A) the rates of success for each such program or
method (including an operational definition of the term
``success'' and a discussion of the process used to
quantify such rates);
(B) based on the incidence of actual diagnoses, an
estimate of the number of members of the Armed Forces
and veterans diagnosed by the Department of Defense or
the Department of Veterans Affairs as having post-
traumatic stress disorder and the number of such
veterans who have been successfully treated; and
(C) any collaborative efforts between the Department
of Defense and the Department of Veterans Affairs to
prevent, screen, diagnose, treat, or rehabilitate post-
traumatic stress disorder.
(2) The status of studies and clinical trials involving
innovative treatments of post-traumatic stress disorder that are
conducted by the Department of Defense, the Department of
Veterans Affairs, or the private sector, including--
(A) efforts to identify physiological markers of
post-traumatic stress disorder;
(B) with respect to efforts to determine causation
of post-traumatic stress disorder, brain imaging studies
and the correlation between brain region physiology and
post-traumatic stress disorder diagnoses and the results
(including any interim results) of such efforts;
(C) the effectiveness of alternative therapies in
the treatment of post-traumatic stress disorder,
including the therapeutic use of animals;
(D) the effectiveness of administering
pharmaceutical agents before, during, or after a
traumatic event in the prevention and treatment of post-
traumatic stress disorder; and
(E) identification of areas in which the Department
of Defense and the Department of Veterans Affairs may be
duplicating studies, programs, or research with respect
to post-traumatic stress disorder.
(3) A description of each treatment program for post-
traumatic stress disorder, including a comparison of the methods
of treatment by each program, at the following locations:
(A) Fort Hood, Texas.
(B) Fort Bliss, Texas.
(C) Fort Campbell, Tennessee.
(D) Other locations the entity conducting the study
considers appropriate.
[[Page 2396]]
123 STAT. 2396
(4) The respective current and projected future annual
expenditures by the Department of Defense and the Department of
Veterans Affairs for the treatment and rehabilitation of post-
traumatic stress disorder.
(5) A description of gender-specific and racial and ethnic
group-specific mental health treatment and services available
for members of the Armed Forces, including--
(A) the availability of such treatment and services;
(B) the access to such treatment and services;
(C) the need for such treatment and services; and
(D) the efficacy and adequacy of such treatment and
services.
(6) A description of areas for expanded future research with
respect to post-traumatic stress disorder.
(7) Any other matters the Secretary of Defense and Secretary
of Veterans Affairs consider relevant with respect to the
purposes of obtaining a comprehensive scientific assessment of--
(A) the incidence of post-traumatic stress disorder
among members of the Armed Forces and veterans;
(B) the availability and effectiveness of various
treatment programs and methods available for post-
traumatic stress disorder;
(C) the current and future projected costs of such
treatment programs and methods; or
(D) additional areas of needed research.
(8) Any other matters the entity conducting the study
considers relevant.
(c) Reports.--
(1) Initial report.--Not later than July 1, 2012, the entity
conducting the study required by subsection (a) shall submit to
the Secretary of Defense, the Secretary of Veterans Affairs, and
the appropriate committees a report on the study.
(2) Response.--Not later than January 1, 2013, the Secretary
of Defense and the Secretary of Veterans Affairs shall each
submit to the appropriate committees a response to the report
submitted under paragraph (1), including any recommendations on
the treatment of post-traumatic stress disorder based on such
report.
(d) Updated Reports Required.--
(1) Updated report.--Not later than July 1, 2014, the entity
conducting the study required by subsection (a) shall submit to
the Secretary of Defense, the Secretary of Veterans Affairs, and
the appropriate committees an update of the report required by
subsection (c).
(2) Updated response.--Not later than January 1, 2015, the
Secretary of Defense and the Secretary of Veterans Affairs shall
each submit to the appropriate committees a response to the
updated report submitted under paragraph (1), including any
recommendations on the treatment of post-traumatic stress
disorder based on such updated report.
(e) Appropriate Committees Defined.--In this section, the term
``appropriate committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Veterans' Affairs, and the
Committee on Energy and Commerce of the House of
Representatives; and
[[Page 2397]]
123 STAT. 2397
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Veterans' Affairs, and the
Committee on Health, Education, Labor, and Pensions of the
Senate.
SEC. 727. 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 Secretary
of Defense 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 Secretary 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 Secretary
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 Secretary
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 Secretary considers appropriate.
SEC. 728. REPORT ON STIPENDS FOR MEMBERS OF RESERVE COMPONENTS FOR
HEALTH CARE FOR CERTAIN DEPENDENTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report on stipends paid under section 704 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 188; 10 U.S.C. 1076 note). The report shall include--
(1) the number of stipends paid;
(2) the amount of the average stipend; and
(3) the number of members who received such stipends.
[[Page 2398]]
123 STAT. 2398
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Temporary authority to acquire products and services produced
in countries along a major route of supply to Afghanistan;
report.
Sec. 802. Assessment of improvements in service contracting.
Sec. 803. Display of annual budget requirements for procurement of
contract services and related clarifying technical
amendments.
Sec. 804. Implementation of new acquisition process for information
technology systems.
Sec. 805. Life-cycle management and product support.
Sec. 806. Treatment of non-defense agency procurements under joint
programs with intelligence community.
Sec. 807. Policy and requirements to ensure the safety of facilities,
infrastructure, and equipment for military operations.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitation
Sec. 811. Justification and approval of sole-source contracts.
Sec. 812. Revision of Defense Supplement relating to payment of costs
prior to definitization.
Sec. 813. Revisions to definitions relating to contracts in Iraq and
Afghanistan.
Sec. 814. Amendment to notification requirements for awards of single
source task or delivery orders.
Sec. 815. Clarification of uniform suspension and debarment requirement.
Sec. 816. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 817. Reporting requirements for programs that qualify as both major
automated information system programs and major defense
acquisition programs.
Sec. 818. Small arms production industrial base matters.
Sec. 819. Contract authority for advanced component development or
prototype units.
Sec. 820. Publication of notification of bundling of contracts of the
Department of Defense.
Subtitle C--Contractor Matters
Sec. 821. Authority for Government support contractors to have access to
technical data belonging to prime contractors.
Sec. 822. Extension and enhancement of authorities on the Commission on
Wartime Contracting in Iraq and Afghanistan.
Sec. 823. Authority for Secretary of Defense to reduce or deny award
fees to companies found to jeopardize health or safety of
Government personnel.
Subtitle D--Acquisition Workforce Matters
Sec. 831. Enhancement of expedited hiring authority for defense
acquisition workforce positions.
Sec. 832. Funding of Department of Defense Acquisition Workforce
Development Fund.
Sec. 833. Review of post-employment restrictions applicable to the
Department of Defense.
Sec. 834. Review of Federal acquisition workforce training and hiring.
Subtitle E--Other Matters
Sec. 841. Reports to Congress on full deployment decisions for major
automated information system programs.
Sec. 842. Authorization to take actions to correct the industrial
resource shortfall for high-purity beryllium metal.
Sec. 843. Report on rare earth materials in the defense supply chain.
Sec. 844. Comptroller General report on structure and management of
subcontractors under contracts for major weapon systems.
Sec. 845. Study of the use of factors other than cost or price as the
predominate factors in evaluating competitive proposals for
defense procurement contracts.
[[Page 2399]]
123 STAT. 2399
Sec. 846. Repeal of requirements relating to the military system
essential item breakout list.
Sec. 847. Extension of SBIR and STTR programs of the Department of
Defense.
Sec. 848. Extension of authority for small business innovation research
Commercialization Pilot Program.
Subtitle A--Acquisition Policy and Management
SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE
OF SUPPLY TO AFGHANISTAN; REPORT.
(a) In General.--In the case of a product or service to be acquired
in support of military or stability operations in Afghanistan for which
the Secretary of Defense makes a determination described in subsection
(b), the Secretary may conduct a procurement in which--
(1) competition is limited to products or services that are
from one or more countries along a major route of supply to
Afghanistan; or
(2) a preference is provided for products or services that
are from one or more countries along a major route of supply to
Afghanistan.
(b) Determination.--A determination described in this subsection is
a determination by the Secretary that--
(1) the product or service concerned is to be used--
(A) in the country that is the source of the product
or service;
(B) in the course of efforts by the United States
and the NATO International Security Assistance Force to
ship goods to Afghanistan in support of military or
stability operations in Afghanistan; or
(C) by the military forces, police, or other
security personnel of Afghanistan;
(2) it is in the national security interest of the United
States to limit competition or provide a preference as described
in subsection (a) because such limitation or preference is
necessary--
(A) to reduce overall United States transportation
costs and risks in shipping goods in support of military
or stability operations in Afghanistan;
(B) to encourage countries along a major route of
supply to Afghanistan to cooperate in expanding supply
routes through their territory in support of military or
stability operations in Afghanistan; or
(C) to help develop more robust and enduring routes
of supply to Afghanistan; and
(3) limiting competition or providing a preference as
described in subsection (a) will not adversely affect--
(A) military or stability operations in Afghanistan;
or
(B) the United States industrial base.
(c) Products and Services From a Country Along a Major Route of
Supply to Afghanistan.--For the purposes of this section:
(1) A product is from a country along a major route of
supply to Afghanistan if it is mined, produced, or manufactured
in a covered country.
[[Page 2400]]
123 STAT. 2400
(2) A service is from a country along a major route of
supply to Afghanistan if it is performed in a covered country by
citizens or permanent resident aliens of a covered country.
(d) Covered Country Defined.--In this section, the term ``covered
country'' means Georgia, Kyrgyzstan, Pakistan, Armenia, Azerbaijan,
Kazakhstan, Tajikistan, Uzbekistan, or Turkmenistan.
(e) Construction With Other Authority.--The authority provided in
subsection (a) is in addition to the authority set forth in section 886
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note).
(f) Termination of Authority.--The Secretary of Defense may not
exercise the authority provided in subsection (a) on or after the date
occurring three years after the date of the enactment of this Act.
(g) Report on Authority.--Not later than April 1, 2010, the
Secretary of Defense shall submit to the congressional defense
committees a report on the use of the authority provided in subsection
(a). The report shall address, at a minimum, the following:
(1) The number of determinations made by the Secretary
pursuant to subsection (b).
(2) A description of the products and services acquired
using the authority.
(3) The extent to which the use of the authority has met the
objectives of subparagraph (A), (B), or (C) of subsection
(b)(2).
(4) A list of the countries providing products or services
as a result of a determination made pursuant to subsection (b).
(5) Any recommended modifications to the authority.
SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall direct the Defense Science
Board to conduct an independent assessment of improvements in the
procurement and oversight of services by the Department of Defense.
(b) Matters Covered.--The assessment required by subsection (a)
shall include the following:
(1) An assessment of the quality and completeness of
guidance relating to the procurement of services, including
implementation of statutory and regulatory authorities and
requirements.
(2) A determination of the extent to which best practices
are being developed for setting requirements and developing
statements of work.
(3) An assessment of the contracting approaches and contract
types used for the procurement of services and whether such
contracting approaches and contract types best serve the
interests of the Department of Defense.
(4) A determination of whether effective standards to
measure performance have been developed.
(5) An assessment of the effectiveness of peer reviews
within the Department of Defense of contracts for services and
whether such reviews are being conducted at the appropriate
dollar threshold.
[[Page 2401]]
123 STAT. 2401
(6) An assessment of the management structure for the
procurement of services, including how the military departments
and Defense Agencies have implemented section 2330 of title 10,
United States Code.
(7) A determination of whether the performance savings goals
required by section 802 of the National Defense Authorization
Act for Fiscal Year 2002 (10 U.S.C. 2330 note) are being
achieved.
(8) An assessment of the effectiveness of the Acquisition
Center of Excellence for Services established pursuant to
section 1431(b) of the Services Acquisition Reform Act of 2003
(title XIV of Public Law 108-136; 117 Stat. 1671; 41 U.S.C. 405
note) and the feasibility of creating similar centers of
excellence in the military departments.
(9) An assessment of the quality and sufficiency of the
acquisition workforce for the procurement and oversight of
services.
(10) Such other related matters as the Under Secretary
considers appropriate.
(c) Report.--Not later than March 10, 2010, the Under Secretary
shall submit to the congressional defense committees a report on the
results of the assessment, including such comments and recommendations
as the Under Secretary considers appropriate.
SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR PROCUREMENT OF
CONTRACT SERVICES AND RELATED CLARIFYING
TECHNICAL AMENDMENTS.
(a) Codification of Requirement for Specification of Amounts
Requested for Procurement of Contract Services.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 234 the following new
section:
``Sec. 235. Procurement of contract services: specification of
amounts requested in budget
``(a) Submission With Annual Budget Justification Materials.--In the
budget justification materials submitted to Congress in support of the
Department of Defense budget for any fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31), the
Secretary of Defense shall include the information described in
subsection (b) with respect to the procurement of contract services.
``(b) Information Provided.--For each budget account, the materials
submitted shall clearly and separately identify--
``(1) the amount requested for the procurement of contract
services for each Department of Defense component, installation,
or activity; and
``(2) the number of full-time contractor employees (or the
equivalent of full-time in the case of part-time contractor
employees) projected and justified for each Department of
Defense component, installation, or activity based on the
inventory of contracts for services required by subsection (c)
of section 2330a of this title and the review required by
subsection (e) of such section.
``(c) Contract Services Defined.--In this section, the term
`contract services'--
``(1) means services from contractors; but
[[Page 2402]]
123 STAT. 2402
``(2) excludes services relating to research and development
and services relating to military construction.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``235. Procurement of contract services: specification of amounts
requested in budget.''.
(3) Repeal of superseded provision.--Section 806 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 221 note) is repealed.
(b) Clarification of Contract Services Review and Planning
Requirements.--Section 2330a(e) of title 10, United States Code, is
amended in paragraph (4) by inserting after ``plan'' the following: ``,
including an enforcement mechanism and approval process,''.
(c) Comptroller General Report on Inventory.--Not later than 180
days after the date on which the Secretary of Defense submits to
Congress the inventory required by section 2330a(c) of title 10, United
States Code, in each of 2010, 2011 and 2012, 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 inventory so
submitted, with such findings and recommendations as the Comptroller
General considers appropriate.
SEC. 804. <> IMPLEMENTATION OF NEW
ACQUISITION PROCESS FOR INFORMATION
TECHNOLOGY SYSTEMS.
(a) New Acquisition Process Required.--The Secretary of Defense
shall develop and implement a new acquisition process for information
technology systems. The acquisition process developed and implemented
pursuant to this subsection shall, to the extent determined appropriate
by the Secretary--
(1) be based on the recommendations in chapter 6 of the
March 2009 report of the Defense Science Board Task Force on
Department of Defense Policies and Procedures for the
Acquisition of Information Technology; and
(2) be designed to include--
(A) early and continual involvement of the user;
(B) multiple, rapidly executed increments or
releases of capability;
(C) early, successive prototyping to support an
evolutionary approach; and
(D) a modular, open-systems approach.
(b) Report to Congress.--Not later than 270 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 on the new acquisition process developed
pursuant to subsection (a). The report required by this subsection
shall, at a minimum--
(1) describe the new acquisition process;
(2) provide an explanation for any decision by the Secretary
to deviate from the criteria established for such process in
paragraphs (1) and (2) of subsection (a);
(3) provide a schedule for the implementation of the new
acquisition process;
(4) identify the categories of information technology
acquisitions to which such process will apply; and
[[Page 2403]]
123 STAT. 2403
(5) include the Secretary's recommendations for any
legislation that may be required to implement the new
acquisition process.
SEC. 805. <> LIFE-CYCLE MANAGEMENT AND
PRODUCT SUPPORT.
(a) Guidance on Life-cycle Management. <> --Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall issue comprehensive guidance on life-cycle
management and the development and implementation of product support
strategies for major weapon systems. The guidance issued pursuant to
this subsection shall--
(1) maximize competition and make the best possible use of
available Department of Defense and industry resources at the
system, subsystem, and component levels; and
(2) maximize value to the Department of Defense by providing
the best possible product support outcomes at the lowest
operations and support cost.
(b) Product Support Managers.--
(1) Requirement.--The Secretary of Defense shall require
that each major weapon system be supported by a product support
manager in accordance with this subsection.
(2) Responsibilities.--A product support manager for a major
weapon system shall--
(A) develop and implement a comprehensive product
support strategy for the weapon system;
(B) conduct appropriate cost analyses to validate
the product support strategy, including cost-benefit
analyses as outlined in Office of Management and Budget
Circular A-94;
(C) assure achievement of desired product support
outcomes through development and implementation of
appropriate product support arrangements;
(D) adjust performance requirements and resource
allocations across product support integrators and
product support providers as necessary to optimize
implementation of the product support strategy;
(E) periodically review product support arrangements
between the product support integrators and product
support providers to ensure the arrangements are
consistent with the overall product support strategy;
and
(F) prior to each change in the product support
strategy or every five years, whichever occurs first,
revalidate any business-case analysis performed in
support of the product support strategy.
(c) Government Performance of Product Support Manager Function.--
Section 820(a) of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2330) <> is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5) and (6), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Product support manager.''.
(d) Definitions.--In this section:
(1) The term ``product support'' means the package of
support functions required to field and maintain the readiness
[[Page 2404]]
123 STAT. 2404
and operational capability of major weapon systems, subsystems,
and components, including all functions related to weapon system
readiness.
(2) The term ``product support arrangement'' means a
contract, task order, or any type of other contractual
arrangement, or any type of agreement or non-contractual
arrangement within the Federal Government, for the performance
of sustainment or logistics support required for major weapon
systems, subsystems, or components. The term includes
arrangements for any of the following:
(A) Performance-based logistics.
(B) Sustainment support.
(C) Contractor logistics support.
(D) Life-cycle product support.
(E) Weapon systems product support.
(3) The term ``product support integrator'' means an entity
within the Federal Government or outside the Federal Government
charged with integrating all sources of product support, both
private and public, defined within the scope of a product
support arrangement.
(4) The term ``product support provider'' means an entity
that provides product support functions. The term includes an
entity within the Department of Defense, an entity within the
private sector, or a partnership between such entities.
(5) The term ``major weapon system'' has the meaning given
that term in section 2302d of title 10, United States Code.
SEC. 806. TREATMENT OF NON-DEFENSE AGENCY PROCUREMENTS UNDER JOINT
PROGRAMS WITH INTELLIGENCE COMMUNITY.
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 with
intelligence community.--For purposes of this subsection, a
contract entered into by a non-defense agency that is an element
of the intelligence community (as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))) 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. 807. <> POLICY AND REQUIREMENTS TO
ENSURE THE SAFETY OF FACILITIES,
INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY
OPERATIONS.
(a) Policy.--It shall be the policy of the Department of Defense
that facilities, infrastructure, and equipment that are intended for use
by military or civilian personnel of the Department in current or future
military operations should be inspected for safety and habitability
prior to such use, and that such facilities should be brought into
compliance with generally accepted standards for the safety and health
of personnel to the maximum extent practicable and consistent with the
requirements of military operations and the best interests of the
Department of Defense, to minimize the safety and health risk posed to
such personnel.
[[Page 2405]]
123 STAT. 2405
(b) <> Requirements.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense shall--
(1) 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 complies with the policy
established in subsection (a);
(2) ensure that contracts entered into prior to the date
that is 60 days after the date of the enactment of this Act
comply with such policy to the maximum extent practicable;
(3) define the term ``generally accepted standards'' with
respect to fire protection, structural integrity, electrical
systems, plumbing, water treatment, waste disposal, and
telecommunications networks for the purposes of this section;
and
(4) provide such exceptions and limitations as may be needed
to ensure that this section can be implemented in a manner that
is consistent with the requirements of military operations and
the best interests of the Department of Defense.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitation
SEC. 811. <> 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 Federal Acquisition
Regulation shall be revised to provide that the head of an agency may
not award a sole-source contract in a covered procurement 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;
(2) the justification is approved by the appropriate
official designated to approve contract awards for dollar
amounts that are comparable to the amount of the sole-source
contract; and
(3) the justification and related information are made
public as provided in sections 2304(f)(1)(C) and 2304(l) of
title 10, United States Code, or sections 303(f)(1)(C) and
303(j) of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253(f)(1)(C) and 253(j)), as applicable.
(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 agency concerned.
(4) A determination that the anticipated cost of the
contract will be fair and reasonable.
(5) Such other matters as the head of the agency concerned
shall specify for purposes of this section.
(c) Definitions.--In this section:
[[Page 2406]]
123 STAT. 2406
(1) Covered procurement.--The term ``covered procurement''
means either of the following:
(A) A procurement described in section
2304(f)(2)(D)(ii) of title 10, United States Code.
(B) A procurement described in section
303(f)(2)(D)(ii) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(f)(2)(D)(ii)).
(2) Head of an agency.--The term ``head of an agency''--
(A) in the case of a covered procurement as defined
in paragraph (1)(A), has the meaning provided in section
2302(1) of title 10, United States Code; and
(B) in the case of a covered procurement as defined
in paragraph (1)(B), has the meaning provided the term
``agency head'' in section 309(a) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 259(a)).
(3) Appropriate official.--The term ``appropriate official''
means--
(A) in the case of a covered procurement as defined
in paragraph (1)(A), an official designated in section
2304(f)(1)(B) of title 10, United States Code; and
(B) in the case of a covered procurement as defined
in paragraph (1)(B), an official designated in section
303(f)(1)(B) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(f)(1)(B)).
SEC. 812. <> REVISION OF DEFENSE
SUPPLEMENT RELATING TO PAYMENT OF COSTS
PRIOR TO DEFINITIZATION.
(a) Revision Required. <> --Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall revise the Defense Supplement to the Federal Acquisition
Regulation to ensure that any limitations described in subsection (b)
are applicable to all categories of undefinitized contractual actions
(including undefinitized task orders and delivery orders).
(b) Limitations.--The limitations referred to in subsection (a) are
any limitations on the reimbursement of costs and the payment of profits
or fees with respect to costs incurred before the definitization of an
undefinitized contractual action of the Department of Defense,
including--
(1) such limitations as described in part 52.216-26 of the
Federal Acquisition Regulation; and
(2) any such limitations implementing the requirements of
section 809 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 2326 note).
SEC. 813. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN IRAQ
AND AFGHANISTAN.
(a) Revisions to Definition of Contract in Iraq or Afghanistan.--
Section 864(a)(2) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is
amended--
(1) by striking ``or a task order or delivery order at any
tier issued under such a contract'' and inserting ``a task order
or delivery order at any tier issued under such a contract, a
grant, or a cooperative agreement'';
(2) by striking in the parenthetical ``or task order or
delivery order'' and inserting ``task order, delivery order,
grant, or cooperative agreement'';
[[Page 2407]]
123 STAT. 2407
(3) by striking ``or task or delivery order'' after the
parenthetical and inserting ``task order, delivery order, grant,
or cooperative agreement''; and
(4) by striking ``14 days'' and inserting ``30 days''.
(b) Revision to Definition of Covered Contract.--Section 864(a)(3)
of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302 note) is
amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period and inserting a semicolon at the
end of subparagraph (C); and
(3) by adding at the end the following new subparagraphs:
``(D) a grant for the performance of services in an
area of combat operations, as designated by the
Secretary of Defense under subsection (c) of section
862; or
``(E) a cooperative agreement for the performance of
services in such an area of combat operations.''.
(c) Revision to Definition of Contractor.--Paragraph (4) of section
864(a) of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302
note) is amended to read as follows:
``(4) Contractor.--The term `contractor', with respect to a
covered contract, means--
``(A) in the case of a covered contract that is a
contract, subcontract, task order, or delivery order,
the contractor or subcontractor carrying out the covered
contract;
``(B) in the case of a covered contract that is a
grant, the grantee; and
``(C) in the case of a covered contract that is a
cooperative agreement, the recipient.''.
(d) Revision in Value of Contracts Covered by Certain Report.--
Section 1248(c)(1)(B) of such Act (Public Law 110-181; 122 Stat.
400) <> is amended by striking ``$25,000'' and
inserting ``$100,000''.
SEC. 814. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR AWARDS OF
SINGLE SOURCE TASK OR DELIVERY ORDERS.
(a) Congressional Defense Committees.--Subparagraph (B) of section
2304a(d)(3) of title 10, United States Code, is amended to read as
follows:
``(B) <> The head of the agency shall notify the
congressional defense committees within 30 days after any determination
under clause (i), (ii), (iii), or (iv) of subparagraph (A).''.
(b) <> Congressional Intelligence
Committees.--In the case of a task or delivery order contract awarded
with respect to intelligence activities of the Department of Defense,
any notification provided under subparagraph (B) of section 2304a(d)(3)
of title 10, United States Code, as amended by subsection (a), shall
also be provided at the same time as notification is provided to the
congressional defense committees under that subparagraph--
(1) to the Permanent Select Committee on Intelligence of the
House of Representatives insofar as such task or delivery order
contract relates to tactical intelligence and intelligence-
related activities of the Department; and
(2) to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives insofar as such task or delivery order
contract relates to intelligence and intelligence-related
activities
[[Page 2408]]
123 STAT. 2408
of the Department other than those specified in paragraph (1).
SEC. 815. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT
REQUIREMENT.
Section 2455(c)(1) of the Federal Acquisition Streamlining Act of
1994 (31 U.S.C. 6101 note) is amended by adding at the end the
following: ``Such term includes subcontracts at any tier, other than
subcontracts for commercially available off-the-shelf items (as defined
in section 35(c) of the Office of Federal Procurement Policy Act (41
U.S.C. 431(c))), except that in the case of a contract for commercial
items, such term includes only first-tier subcontracts.''.
SEC. 816. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public
Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) as amended by section
822 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 226) is amended in subsection (e) by
striking ``2010'' and inserting ``2012''.
SEC. 817. 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. 818. 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--
(1) by striking ``In this section'' and inserting ``(1)
Subject to paragraph (2), in this section''; and
(2) by adding at the end the following new paragraph:
``(2) After March 31, 2010, the Secretary of Defense may eliminate,
modify, or add to the firms included in the small arms production
industrial base, as defined in paragraph (1), as he determines
appropriate to best ensure the competitive development, production, and
maintenance of small arms for the Department of Defense.''.
(b) Review of Small Arms Production Industrial Base.--
[[Page 2409]]
123 STAT. 2409
(1) Review. <> --Not later
than March 31, 2010, the Secretary of Defense shall review and
determine, based on current and future Department requirements
and competitive 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) Reports.--
(A) 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.
(B) The Secretary of Defense shall notify the
congressional defense committees not later than 30 days
after making any modification to the list maintained
pursuant to subsection (c) of section 2473 of title 10,
United States Code, or the list under subsection (d) of
such section.
SEC. 819. <> CONTRACT AUTHORITY FOR
ADVANCED COMPONENT DEVELOPMENT OR
PROTOTYPE UNITS.
(a) Authority.--A contract initially awarded from the competitive
selection of a proposal resulting from a general solicitation referred
to in section 2302(2)(B) of title 10, United States Code, may contain a
contract line item or contract option for--
(1) the provision of advanced component development or
prototype of technology developed under the contract; or
(2) the delivery of initial or additional prototype items if
the item or a prototype thereof is created as the result of work
performed under the contract.
(b) Limitations.--
(1) Minimal amount.--A contract line item or contract option
described in subsection (a)(2) shall require the delivery of the
minimal amount of initial or additional prototype items to allow
for the timely competitive solicitation and award of a follow-on
development or production contract for those items.
(2) Term.--A contract line item or contract option described
in subsection (a) shall be for a term of not more than 12
months.
(3) Dollar value of work.--The dollar value of the work to
be performed pursuant to a contract line item or contract option
described in 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.
(4) Termination of authority.--A military department or
defense agency may not exercise a contract line item or contract
option pursuant to the authority provided in subsection (a)
after September 30, 2014.
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the use of the
[[Page 2410]]
123 STAT. 2410
authority provided by subsection (a) not later than March 1, 2013. The
report shall, at a minimum, describe--
(1) the number of times a contract line item or contract
option was exercised under such authority, the dollar amount of
each such line item or option, and the scope of each such line
item or option;
(2) the circumstances that rendered the military department
or defense agency unable to solicit and award a follow-on
development or production contract in a timely fashion, but for
the use of such authority;
(3) the extent to which such authority affected competition
and technology transition; and
(4) such recommendations as the Secretary considers
appropriate, including any recommendations regarding the
modification or extension of such authority.
SEC. 820. <> PUBLICATION OF NOTIFICATION
OF BUNDLING OF CONTRACTS OF THE DEPARTMENT
OF DEFENSE.
(a) Requirement to Publish Notification for Bundling.--A <> contracting officer of the
Department of Defense carrying out a covered acquisition shall publish a
notification consistent with the requirements of paragraph (c)(2) of
subpart 10.001 of the Federal Acquisition Regulation on the website
known as FedBizOpps.gov (or any successor site) at least 30 days prior
to the release of a solicitation for such acquisition and, if the agency
has determined that measurably substantial benefits are expected to be
derived as a result of bundling such acquisition, shall include in the
notification a brief description of the benefits.
(b) Covered Acquisition Defined.--In this section, the term
``covered acquisition'' means an acquisition that is--
(1) funded entirely using funds of the Department of
Defense; and
(2) covered by subpart 7.107 of the Federal Acquisition
Regulation (relating to acquisitions involving bundling).
(c) Construction.--
(1) Notification.--Nothing in this section shall be
construed to alter the responsibility of a contracting officer
to provide the notification referred to in subsection (a) with
respect to a covered acquisition, or otherwise provide
notification, to any party concerning such acquisition under any
other requirement of law or regulation.
(2) Disclosure.--Nothing in this section shall be construed
to require the public availability of information that is exempt
from public disclosure under section 552(b) of title 5, United
States Code, or is otherwise restricted from public disclosure
by law or Executive order.
(3) Issuance of solicitation.--Nothing in this section shall
be construed to require a contracting officer to delay the
issuance of a solicitation in order to meet the requirements of
subsection (a) if the expedited issuance of such solicitation is
otherwise authorized under any other requirement of law or
regulation.
[[Page 2411]]
123 STAT. 2411
Subtitle C--Contractor Matters
SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO HAVE
ACCESS TO TECHNICAL DATA BELONGING TO
PRIME CONTRACTORS.
(a) Authority for Access to Technical Data.--Subsection (c) of
section 2320 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) 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''.
(b) 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 the covered Government support contractor
will enter into a non-disclosure agreement with the
contractor to whom the rights to the technical data
belong;
``(C) that the covered Government support contractor
will take all reasonable steps to protect the
proprietary and nonpublic nature of the technical data
furnished to the covered Government support contractor
during the program or effort for the period of time in
which the Government is restricted from disclosing the
technical data outside of the Government;
``(D) 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,
[[Page 2412]]
123 STAT. 2412
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; and
``(E) 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.''.
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 through funds made
available for that purpose through the Washington Headquarters
Services or on a non-reimbursable basis, as appropriate.
``(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. <> AUTHORITY FOR SECRETARY OF
DEFENSE TO REDUCE OR DENY AWARD FEES TO
COMPANIES FOUND TO JEOPARDIZE HEALTH OR
SAFETY OF GOVERNMENT PERSONNEL.
(a) Authority To Reduce or Deny Award Fees.--
<> Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall revise the
guidance issued pursuant to section 814 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 129
Stat. 2321) to ensure that all covered contracts using award fees--
(1) provide for the consideration of any incident described
in subsection (b) in evaluations of contractor performance for
the relevant award fee period; and
[[Page 2413]]
123 STAT. 2413
(2) authorize the Secretary to reduce or deny award fees for
the relevant award fee period, or to recover all or part of
award fees previously paid for such period, on the basis of the
negative impact of such incident on contractor performance.
(b) Covered Incidents.--An incident referred to in subsection (a) is
any incident in which the contractor--
(1) has been determined, through a criminal, civil, or
administrative proceeding that results in a disposition listed
in subsection (c), in the performance of a covered contract to
have caused serious bodily injury or death to any civilian or
military personnel of the Government through gross negligence or
with reckless disregard for the safety of such personnel; or
(2) has been determined, through a criminal, civil, or
administrative proceeding that results in a disposition listed
in subsection (c), to be liable for actions of a subcontractor
of the contractor that caused serious bodily injury or death to
any civilian or military personnel of the Government, through
gross negligence or with reckless disregard for the safety of
such personnel.
(c) List of Dispositions in Criminal, Civil, or Administrative
Proceedings.--For purposes of subsection (a), the dispositions listed in
this subsection are as follows:
(1) In a criminal proceeding, a conviction.
(2) In a civil proceeding, a finding of fault and liability
that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
(3) In an administrative proceeding, a finding of fault and
liability that results in--
(A) the payment of a monetary fine or penalty of
$5,000 or more; or
(B) the payment of a reimbursement, restitution, or
damages in excess of $100,000.
(4) To the maximum extent practicable and consistent with
applicable laws and regulations, in a criminal, civil, or
administrative proceeding, a disposition of the matter by
consent or compromise with an acknowledgment of fault by the
person if the proceeding could have led to any of the outcomes
specified in paragraph (1), (2), or (3).
(d) Definitions.--In this section:
(1) The term ``defense contractor'' means a company awarded
a covered contract.
(2) The term ``covered contract'' means a contract awarded
by the Department of Defense for the procurement of goods or
services.
(3) The term ``serious bodily injury'' means a grievous
physical harm that results in a permanent disability.
(e) Effective Date.--This section shall apply with respect to
contracts entered into after the date occurring 180 days after the date
of the enactment of this Act.
[[Page 2414]]
123 STAT. 2414
Subtitle D--Acquisition Workforce Matters
SEC. 831. 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
positions'' and inserting ``acquisition workforce positions as
positions for which there exists a shortage of candidates or
there is a critical hiring need''; and
(2) in subparagraph (B), by striking ``highly''.
(b) 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. 832. 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 contract services 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 contract
services for operation and maintenance,'' after ``remit to the Secretary
of Defense''.
(d) Additional Matters Relating to Remittances.--
(1) Remittance by fiscal year instead of quarter.--
Subparagraph (B) of paragraph (2) of such subsection is
amended--
(A) in the first sentence, by striking ``the third
fiscal year quarter'' and all that follows through
``thereafter'' and inserting ``the first quarter of each
fiscal year''; and
[[Page 2415]]
123 STAT. 2415
(B) by striking ``quarter'' before ``for services''.
(2) Additional requirements and limitations.--Such
subsection is further amended--
(A) in paragraph (2)(B), by striking ``Not later
than'' and inserting ``Subject to paragraph (4), not
later than''; and
(B) 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), subject to any exclusions
the Secretary of Defense determines to be necessary in the best
interests of the Department of Defense.
``(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, $100,000,000.
``(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 an amount
specified in subparagraph (C) for a fiscal year if the
Secretary determines that the amount is greater than is
reasonably needed for purposes of the Fund for such
fiscal year. The Secretary may not reduce the amount for
a fiscal year to 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''.
[[Page 2416]]
123 STAT. 2416
(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 (c) shall take effect as of 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. 833. REVIEW OF POST-EMPLOYMENT RESTRICTIONS APPLICABLE TO THE
DEPARTMENT OF DEFENSE.
(a) Review Required.--The Panel on Contracting Integrity,
established pursuant to section 813 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364), shall
review policies relating to post-employment restrictions on former
Department of Defense personnel to determine whether such policies
adequately protect the public interest, without unreasonably limiting
future employment options for former Department of Defense personnel.
(b) Matters Considered.--In performing the review required by
subsection (a), the Panel shall consider the extent to which current
post-employment restrictions--
(1) appropriately protect the public interest by preventing
personal conflicts of interests and preventing former Department
of Defense officials from exercising undue or inappropriate
influence on the Department of Defense;
(2) appropriately require disclosure of personnel accepting
employment with contractors of the Department of Defense
involving matters related to their official duties;
(3) use appropriate thresholds, in terms of salary or
duties, for the establishment of such restrictions;
(4) are sufficiently straightforward and have been explained
to personnel of the Department of Defense so that such personnel
are able to avoid potential violations of post-employment
restrictions and conflicts of interest in interactions with
former personnel of the Department;
(5) appropriately apply to all personnel performing duties
in acquisition-related activities, such as personnel involved
in--
(A) the establishment of requirements;
(B) testing and evaluation; and
(C) the development of doctrine;
(6) ensure that the Department of Defense has access to
world-class talent, especially with respect to highly qualified
technical, engineering, and acquisition expertise; and
(7) ensure that service in the Department of Defense remains
an attractive career option.
(c) Completion of the Review.--The Panel shall complete the review
required by subsection (a) not later than one year after the date of the
enactment of this Act.
(d) Report to Committees on Armed Services.--Not later than 30 days
after the completion of the review, the Panel shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing the findings of the review and the
recommendations of the Panel to the Secretary
[[Page 2417]]
123 STAT. 2417
of Defense, including recommended legislative or regulatory changes,
resulting from the review.
(e) <> National Academy of Public Administration
Assessment.--
(1) Not later than 30 days after the completion of the
review, the Secretary of Defense shall enter into an arrangement
with the National Academy of Public Administration to assess the
findings and recommendations of the review.
(2) Not later than 210 days after the completion of the
review, the National Academy of Public Administration shall
provide its assessment of the review to the Secretary, along
with such additional recommendations as the National Academy may
have.
(3) Not later than 30 days after receiving the assessment,
the Secretary shall provide the assessment, along with such
comments as the Secretary considers appropriate, to the
Committees on Armed Services of the Senate and the House of
Representatives.
SEC. 834. REVIEW OF FEDERAL ACQUISITION WORKFORCE TRAINING AND
HIRING.
(a) Comptroller General Report on the Government-wide Acquisition
Workforce Development Strategic Plan.--Not later than 180 days after the
Acquisition Workforce Development Strategic Plan required by section 869
of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4553) is completed, the Comptroller
General of the United States shall submit to the relevant committees of
Congress a report on the Plan.
(b) Matters Covered.--The report required under subsection (a) shall
include assessments of the following:
(1) The methodologies used to formulate the Acquisition
Workforce Development Strategic Plan and its recommendations.
(2) The extent to which the Acquisition Workforce
Development Strategic Plan addresses previously identified
shortcomings in the acquisition workforce and prior efforts by
agencies to develop acquisition workforce plans, including the
strategies used to identify and hire acquisition personnel.
(3) The feasibility of the Acquisition Workforce Development
Strategic Plan's recommendations and associated time frames for
implementation, particularly as they relate to the development
of a sustainable funding model and the applicability of the
Defense Acquisition Workforce Development Fund model to civilian
agencies.
(4) The extent to which the Acquisition Workforce
Development Strategic Plan considered the use by agencies of
contractor personnel to supplement the acquisition workforce.
(5) Whether the Acquisition Workforce Development Strategic
Plan considered the full range of laws, regulations, and
policies that currently apply to the acquisition workforce.
(6) The extent to which the Acquisition Workforce
Development Strategic Plan considered the specific training and
retention tools (whether located within or outside an agency)
used to professionally develop and retain acquisition personnel,
including the following:
(A) The Defense Acquisition University.
[[Page 2418]]
123 STAT. 2418
(B) The Federal Acquisition Institute.
(C) Continuing education and professional
development opportunities available to acquisition
professionals.
(D) Opportunities to pursue higher education
available to acquisition personnel, including
scholarships and student loan forgiveness.
(7) Such other matters, findings, and recommendations as the
Comptroller General considers appropriate.
(c) Relevant Committees. <> --In this section,
the term ``relevant committees'' means each of the following:
(1) The Committee on Oversight and Government Reform of the
House of Representatives.
(2) The Committee on Armed Services of the House of
Representatives.
(3) The Committee on Homeland Security and Government
Affairs of the Senate.
(4) The Committee on Armed Services of the Senate.
Subtitle E--Other Matters
SEC. 841. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS FOR
MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS.
(a) Implementation Schedule.--Section 2445b(b)(2) of title 10,
United States Code, is amended by striking ``initial operational
capability, and full operational capability'' and inserting ``full
deployment decision, and full deployment''.
(b) Critical Changes in Program.--Section 2445c(d)(2)(A) of such
title is amended by striking ``initial operational capability'' and
inserting ``a full deployment decision''.
(c) Definitions.--Section 2445a of such title is amended by adding
at the end the following new subsections:
``(e) Full Deployment Decision.--In this chapter, the term `full
deployment decision' means, with respect to a major automated
information system program, the final decision made by the Milestone
Decision Authority authorizing an increment of the program to deploy
software for operational use.
``(f) Full Deployment.--In this chapter, the term `full deployment'
means, with respect to a major automated information system program, the
fielding of an increment of the program in accordance with the terms of
a full deployment decision.''.
SEC. 842. <> AUTHORIZATION TO TAKE
ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE
SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL.
Notwithstanding any limitation in section 303 of the Defense
Production Act of 1950 (50 U.S.C. App. 2093), an action may be taken
under such section to correct an industrial resource shortfall or
domestic industrial base shortfall for high-purity beryllium metal if
such action does not cause the aggregate outstanding amount of all such
actions for such shortfall to exceed ``$85,000,000''.
SEC. 843. REPORT ON RARE EARTH MATERIALS IN THE DEFENSE SUPPLY
CHAIN.
(a) Report Required.--Not later than April 1, 2010, the Comptroller
General shall submit to the Committees on Armed Services
[[Page 2419]]
123 STAT. 2419
of the Senate and House of Representatives a report on rare earth
materials in the supply chain of the Department of Defense.
(b) Matters Addressed.--The report required by subsection (a) shall
address, at a minimum, the following:
(1) An analysis of the current and projected domestic and
worldwide availability of rare earths for use in defense
systems, including an analysis of projected availability of
these materials in the export market.
(2) An analysis of actions or events outside the control of
the Government of the United States that could restrict the
access of the Department of Defense to rare earth materials,
such as past procurements and attempted procurements of rare
earth mines and mineral rights.
(3) A determination as to which defense systems are
currently dependent on, or projected to become dependent on,
rare earth materials, particularly neodymium iron boron magnets,
whose supply could be restricted--
(A) by actions or events identified pursuant to
paragraph (2); or
(B) by other actions or events outside the control
of the Government of the United States.
(4) The risk to national security, if any, of the
dependencies (current or projected) identified pursuant to
paragraph (3).
(5) Any steps that the Department of Defense has taken or is
planning to take to address any such risk to national security.
(6) Such recommendations for further action to address the
matters covered by the report as the Comptroller General
considers appropriate.
(c) Definitions.--In this section:
(1) The term ``rare earth'' means the chemical elements, all
metals, beginning with lanthanum, atomic number 57, and
including all of the natural chemical elements in the periodic
table following lanthanum up to and including lutetium, element
number 71. The term also includes the elements yttrium and
scandium.
(2) The term ``rare earth material'' includes rare earth
ores, semi-finished rare earth products, and components
containing rare earth materials.
SEC. 844. COMPTROLLER GENERAL REPORT ON STRUCTURE AND MANAGEMENT
OF SUBCONTRACTORS UNDER CONTRACTS FOR
MAJOR WEAPON SYSTEMS.
(a) Study.--The Comptroller General shall conduct a study on the
structure and management of major subcontracts under contracts for the
acquisition of selected major weapon systems.
(b) Issues To Be Addressed.--At a minimum, the study required by
subsection (a) shall address the following:
(1) The number of major subcontracts under each prime
contract reviewed.
(2) The manner in which the prime contractor addressed
decisions to conduct work in-house or through subcontracts.
(3) The manner in which any potential organizational
conflicts of interest were addressed and the Government's role
(if any) in selecting the approach chosen.
[[Page 2420]]
123 STAT. 2420
(4) The manner in which such subcontracts were awarded
(including the degree of competition) and the Government's role
(if any) in such award decisions.
(5) Any recommendations that the Comptroller General may
have for improving Government oversight, reducing the oversight
burden on the acquisition workforce, or otherwise improving the
management of subcontractors under contracts for the acquisition
of major weapon systems.
(c) Deadline for Submission.--Not later than one year after the date
of the enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study required by
subsection (a), with such findings and recommendations as the
Comptroller General considers appropriate.
SEC. 845. STUDY OF THE USE OF FACTORS OTHER THAN COST OR PRICE AS
THE PREDOMINATE FACTORS IN EVALUATING
COMPETITIVE PROPOSALS FOR DEFENSE
PROCUREMENT CONTRACTS.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study of Department of Defense procurements that use
solicitations in which evaluation factors other than cost or price, when
combined, are more important than cost or price.
(b) Issues To Be Addressed.--The study required by subsection (a)
shall include, at a minimum, an assessment of--
(1) the frequency with which evaluation factors other than
cost or price, when combined, are given more weight than cost or
price in solicitations for competitive proposals;
(2) the types of contracts for products or services for
which such evaluation factors are most frequently used;
(3) the reasons why the Department of Defense chooses to use
such evaluation factors; and
(4) the extent to which the use of such factors is or is not
in the interest of the Department of Defense.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Service of the Senate and the House of Representatives a report on
the results of the study required by subsection (a).
SEC. 846. 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. 847. 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
[[Page 2421]]
123 STAT. 2421
Research Program of the Department of Defense until September
30, 2010''.
(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 (ii), 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 2010.''.
(c) <> Effective Date.--The amendments made
by this section shall take effect as of July 30, 2009.
SEC. 848. EXTENSION OF AUTHORITY FOR SMALL BUSINESS INNOVATION
RESEARCH COMMERCIALIZATION PILOT PROGRAM.
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended
in paragraph (6) by striking ``2009'' and inserting ``2010''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Authority to allow private sector civilians to receive
instruction at Defense Cyber Investigations Training Academy
of the Defense Cyber Crime Center.
Sec. 902. Organizational structure of the Office of the Assistant
Secretary of Defense for Health Affairs and the TRICARE
Management Activity.
Sec. 903. Sense of Congress regarding the Director of Operational Energy
Plans and Programs.
Sec. 904. Increased flexibility for combatant commander initiative fund.
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense
for Technology Security Policy within the Office of the Under
Secretary of Defense for Policy.
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries
of Defense.
Subtitle B--Space Activities
Sec. 911. Submission and review of space science and technology
strategy.
Sec. 912. Provision of space situational awareness services and
information to non-United States Government entities.
Sec. 913. Management and funding strategy and implementation plan for
the National Polar-Orbiting Operational Environmental
Satellite System Program.
Subtitle C--Intelligence-Related Matters
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use
proceeds from counterintelligence operations.
Sec. 922. Plan to address foreign ballistic missile intelligence
analysis.
Subtitle D--Other Matters
Sec. 931. Implementation strategy for developing leap-ahead cyber
operations capabilities.
Sec. 932. Defense integrated military human resources system development
and transition.
Sec. 933. Report on special operations command organization, manning,
and management.
Sec. 934. Study on the recruitment, retention, and career progression of
uniformed and civilian military cyber operations personnel.
Sec. 935. Plan on access to national airspace for unmanned aircraft
systems.
[[Page 2422]]
123 STAT. 2422
Subtitle A--Department of Defense Management
SEC. 901. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO RECEIVE
INSTRUCTION AT DEFENSE CYBER
INVESTIGATIONS TRAINING ACADEMY OF THE
DEFENSE CYBER CRIME CENTER.
(a) Admission of Private Sector Civilians.--Chapter 108 of title 10,
United States Code, is amended by inserting after section 2167 the
following new section:
``Sec. 2167a. Defense Cyber Investigations Training Academy:
admission of private sector civilians to
receive instruction
``(a) Authority for Admission.--The Secretary of Defense may permit
eligible private sector employees to receive instruction at the Defense
Cyber Investigations Training Academy operating under the direction of
the Defense Cyber Crime Center. No more than the equivalent of 200 full-
time student positions may be filled at any one time by private sector
employees enrolled under this section, on a yearly basis. Upon
successful completion of the course of instruction in which enrolled,
any such private sector employee may be awarded an appropriate
certification or diploma.
``(b) Eligible Private Sector Employees.--For purposes of this
section, an eligible private sector employee is an individual employed
by a private firm that is engaged in providing to the Department of
Defense or other Government departments or agencies significant and
substantial defense-related systems, products, or services, or whose
work product is relevant to national security policy or strategy. A
private sector employee remains eligible for such instruction only so
long as that person remains employed by an eligible private sector firm.
``(c) Program Requirements.--The Secretary of Defense shall ensure
that--
``(1) the curriculum in which private sector employees may
be enrolled under this section is not readily available through
other schools; and
``(2) the course offerings at the Defense Cyber
Investigations Training Academy continue to be determined solely
by the needs of the Department of Defense.
``(d) Tuition.--The Secretary of Defense shall charge private sector
employees enrolled under this section tuition at a rate that is at least
equal to the rate charged for employees of the United States. In
determining tuition rates, the Secretary shall include overhead costs of
the Defense Cyber Investigations Training Academy.
``(e) Standards of Conduct.--While receiving instruction at the
Defense Cyber Investigations Training Academy, students enrolled under
this section, to the extent practicable, are subject to the same
regulations governing academic performance, attendance, norms of
behavior, and enrollment as apply to Government civilian employees
receiving instruction at the Academy.
``(f) Use of Funds.--Amounts received by the Defense Cyber
Investigations Training Academy for instruction of students enrolled
under this section shall be retained by the Academy to defray the costs
of such instruction. The source, and the disposition, of
[[Page 2423]]
123 STAT. 2423
such funds shall be specifically identified in records of the
Academy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2167 the following new item:
``2167a. Defense Cyber Investigations Training Academy: admission of
private sector civilians to receive instruction.''.
SEC. 902. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE ASSISTANT
SECRETARY OF DEFENSE FOR HEALTH AFFAIRS
AND THE TRICARE MANAGEMENT ACTIVITY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the organizational
structure of the Office of the Assistant Secretary of Defense for Health
Affairs and the TRICARE Management Activity.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) Organizational charts.--Organizational charts for both
the Office of the Assistant Secretary of Defense for Health
Affairs and the TRICARE Management Activity showing, at a
minimum, the senior positions in such office and such activity.
(2) Senior position descriptions.--A description of the
policy-making functions and oversight responsibilities of each
senior position in the Office of the Assistant Secretary of
Defense for Health Affairs and the policy and program execution
responsibilities of each senior position of the TRICARE
Management Activity.
(3) Positions filled by same individual.--A description of
which positions in both organizations are filled by the same
individual.
(4) Assessment.--An assessment of whether the senior
personnel of the Office of the Assistant Secretary of Defense
for Health Affairs and the TRICARE Management Activity, as
currently organized, are able to appropriately perform the
discrete functions of policy formulation, policy and program
execution, and program oversight.
(c) Definitions.--In this section:
(1) Senior position.--The term ``senior position'' means a
position filled by a member of the senior executive service, a
position on the Executive Schedule established pursuant to title
5, United States Code, or a position filled by a general or flag
officer.
(2) Senior personnel.--The term ``senior personnel'' means
personnel who are members of the senior executive service, who
fill a position listed on the Executive Schedule established
pursuant to title 5, United States Code, or who are general or
flag officers.
SEC. 903. SENSE OF CONGRESS REGARDING THE DIRECTOR OF OPERATIONAL
ENERGY PLANS AND PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The demand for operational energy within the Department
of Defense imposes significant logistical burdens and
operational vulnerabilities on the warfighter and increases
force protection requirements.
[[Page 2424]]
123 STAT. 2424
(2) In March 2008, the Comptroller General of the United
States found that responsibilities for operational energy
strategy, management, and oversight within the Department are
diffused throughout various offices and working groups,
including the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics; the Office of the Under
Secretary of Defense for Policy; the Office of the Under
Secretary of Defense (Comptroller); the Office of Program
Analysis and Evaluation; the Office of the Chairman of the Joint
Chiefs of Staff; the commanders of the combatant commands; and
the offices of the Secretaries of the military departments.
(3) The Defense Science Board's 2008 report titled ``More
Fight - Less Fuel'' stated that ``There are currently few
efforts to manage energy demand by operational forces, which
consume about three quarters of DoD energy, perhaps because no
one is in charge. The lowest organizational level where all
decisions that drive DoD energy use come together is the Deputy
Secretary of Defense, implying the need for a senior energy
official, and oversight of the Department's energy strategy and
program by the Deputy's Advisory Working Group (DAWG).''.
(4) Congress established the Director of Operational Energy
Plans and Programs in section 139b of title 10, United States
Code, to provide leadership, conduct oversight, and be
accountable for operational energy plans and programs in the
Department of Defense and the Army, Navy, Air Force, and Marine
Corps.
(5) Congress envisioned that the Director would have a
direct line of communication with the Secretary of Defense and
the Deputy Secretary of Defense, including participation in the
Deputy's Advisory Working Group.
(6) The Department of Defense issued a statement that it
``intends to establish this position as administratively
reporting to the Under Secretary of Defense for Acquisition,
Technology, and Logistics (USD(AT&L)), and this official would
report directly to the Secretary of Defense on issues related to
Operational Energy''.
(b) Sense of Congress.--It is the sense of Congress that the
Director of Operational Energy Plans and Programs should report directly
to the Secretary of Defense on issues related to operational energy and
be included as a fully participating member of the Advisory Working
Group of the Deputy Secretary of Defense.
SEC. 904. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE
FUND.
(a) Increase in Funding Limitations.--Subparagraph (A) of section
166a(e)(1) of title 10, United States Code, is amended--
(1) by striking ``$10,000,000'' and inserting
``$20,000,000''; and
(2) by striking ``$15,000'' and inserting ``the investment
unit cost threshold in effect under section 2245a of this
title''.
(b) Coordination With Relevant Chief of Mission.--Paragraph (6) of
section 166a(b) of such title is amended by inserting after
``assistance,'' the following: ``in coordination with the relevant chief
of mission to the extent practicable,''.
[[Page 2425]]
123 STAT. 2425
SEC. 905. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER SECRETARY OF
DEFENSE FOR TECHNOLOGY SECURITY POLICY
WITHIN THE OFFICE OF THE UNDER SECRETARY
OF DEFENSE FOR POLICY.
(a) Repeal of Requirement for Position.--
(1) Repeal.--Section 134b of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking the
item relating to section 134b.
(b) Prior Notification of Change in Reporting Relationship for the
Defense Technology Security Administration.--The Secretary of Defense
shall ensure that no covered action is taken until the expiration of 30
legislative days after providing notification of such action to the
Committees on Armed Services of the Senate and the House of
Representatives.
(c) Covered Action Defined.--In this section, the term ``covered
action'' means--
(1) the transfer of the Defense Technology Security
Administration to an Under Secretary or other office of the
Department of Defense other than the Under Secretary of Defense
for Policy;
(2) the consolidation of the Defense Technology Security
Administration with another office, agency, or field activity of
the Department of Defense; or
(3) the addition of management layers between the Director
of the Defense Technology Security Administration and the Under
Secretary of Defense for Policy.
SEC. 906. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT
SECRETARIES OF DEFENSE.
(a) Deputy Under Secretaries of Defense.--
(1) In general.--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.
``(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.
[[Page 2426]]
123 STAT. 2426
``(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.''.
(2) <> Delayed limitation on number
of deputy under secretaries of defense.-- <> Effective as of January 1, 2011, the five Deputy Under
Secretaries of Defense authorized by section 137a of title 10,
United States Code (as added by paragraph (1)), shall be the
only Deputy Under Secretaries of Defense.
(3) Report on revised organizational structure for osd.--Not
later than March 15, 2010, 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 plan for the
realignment of the organizational structure of the Office of the
Secretary of Defense to comply with the requirement in paragraph
(2).
(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 12 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
[[Page 2427]]
123 STAT. 2427
for Logistics and Materiel Readiness shall have the duties specified in
section 138a of this title.''.
(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 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 item relating to section 134a
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.'';
[[Page 2428]]
123 STAT. 2428
(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 (12).''; 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.''.
(e) <> Inapplicability of Appointment
Requirements to Certain Individuals Serving on Date of Enactment.--
(1) In general.--Notwithstanding the amendments made by this
section, the individual serving in a position specified in
paragraph (2) on the day before the date of the enactment of
this Act may continue to serve in such position without the
requirement for appointment by the President, by and with the
advice and consent of the Senate, for a period of up to four
years after the date of the enactment of this Act.
(2) Covered positions.--The positions specified in this
paragraph are the following:
(A) The Principal Deputy Under Secretary of Defense
(Comptroller).
(B) The Principal Deputy Under Secretary of Defense
for Intelligence.
Subtitle B--Space Activities
SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND TECHNOLOGY
STRATEGY.
(a) Strategy.--
(1) Director of national intelligence.--Paragraph (1) of
section 2272(a) of title 10, United States Code, is amended by
striking ``The Secretary of Defense shall develop'' and
[[Page 2429]]
123 STAT. 2429
inserting ``The Secretary of Defense and the Director of
National Intelligence shall jointly develop''.
(2) Requirements.--Paragraph (2) of such section is amended
by adding at the end the following new subparagraph:
``(D) The process for transitioning space science and
technology programs to new or existing space acquisition
programs.''.
(3) Submission to congress.--Paragraph (5) of such section
is amended to read as follows:
``(5) <> The Secretary of Defense and the Director
of National Intelligence shall biennially submit the strategy developed
under paragraph (1) to the congressional defense committees every other
year on the date on which the President submits to Congress the budget
for the next fiscal year under section 1105 of title 31.''.
(4) <> Initial report.--The first
space science and technology strategy required to be submitted
under paragraph (5) of section 2272(a) of title 10, United
States Code, as amended by paragraph (3) of this subsection,
shall be submitted on the date on which the President submits to
Congress the budget for fiscal year 2012 under section 1105 of
title 31, United States Code.
(b) Government Accountability Office Review of Strategy.--
(1) Review.--The Comptroller General shall review and assess
the first space science and technology strategy submitted under
paragraph (5) of section 2272(a) of title 10, United States
Code, as amended by subsection (a)(3) of this section, and the
effectiveness of the coordination process required under section
2272(b) of such title.
(2) Report.--Not later than 90 days after the date on which
the Secretary of Defense and the Director of National
Intelligence submit the first space science and technology
strategy required to be submitted under paragraph (5) of section
2272(a) of title 10, United States Code, as amended by
subsection (a)(3) of this section, the Comptroller General shall
submit to the congressional defense committees a report
containing the findings and assessment under paragraph (1).
SEC. 912. 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
[[Page 2430]]
123 STAT. 2430
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) 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.
``(h) Notice of Concerns of Disclosure of Information.--If the
Secretary <> determines that a
commercial or foreign entity has declined or is reluctant to provide
data or information to the Secretary in accordance with this section due
to the concerns of
[[Page 2431]]
123 STAT. 2431
such entity about the potential disclosure of such data or information,
the Secretary shall, not later than 60 days after the Secretary makes
that determination, provide notice to the congressional defense
committees of the declination or reluctance of such entity.''.
(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. 913. MANAGEMENT AND FUNDING STRATEGY AND IMPLEMENTATION PLAN
FOR THE NATIONAL POLAR-ORBITING
OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM
PROGRAM.
(a) Management and Funding Strategy.--
(1) In general. <> --The President shall
develop a strategy 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.
(2) Elements.--The strategy required under paragraph (1)
shall include the following:
(A) Requirements for the Program.
(B) The management structure of the Program.
(C) 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.
(b) Implementation Plan. <> --The President shall
develop a plan to implement the strategy required under subsection
(a)(1).
(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--
(1) not more than 50 percent of such amounts may be
obligated or expended before the date on which the strategy
developed under subsection (a)(1) is submitted to the
congressional defense committees, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Science and Technology of the House of Representatives; and
(2) not more than 75 percent of such amounts may be
obligated or expended before the date on which the plan
developed under subsection (c) is submitted to the congressional
defense committees, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science and
Technology of the House of Representatives.
(d) Sense of Congress.--It is the sense of Congress that 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.
[[Page 2432]]
123 STAT. 2432
Subtitle C--Intelligence-Related 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 ``or 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 or 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 or the Defense Intelligence
Agency.''.
SEC. 922. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTELLIGENCE
ANALYSIS.
(a) Assessment and Plan.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall--
(1) conduct an assessment of foreign ballistic missile
intelligence analytic gaps and shortfalls; and
(2) develop a plan to ensure that the appropriate
intelligence centers have sufficient analytical capabilities to
address such gaps and shortfalls.
(b) Report.--Not later than February 28, 2010, the Secretary of
Defense shall submit to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of the Senate
a report containing--
(1) the results of the assessment conducted under subsection
(a)(1);
(2) the plan developed under subsection (a)(2); and
(3) a description of the resources required to implement
such plan.
(c) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may contain a classified annex.
Subtitle D--Other Matters
SEC. 931. IMPLEMENTATION STRATEGY FOR DEVELOPING LEAP-AHEAD CYBER
OPERATIONS CAPABILITIES.
(a) Strategy Report Required.--Not later than March 1, 2010, the
Under Secretary of Defense for Acquisition, Technology, and Logistics
shall submit to the congressional defense committees a report on a
strategy for organizing the research and development bodies of the
Department of Defense to develop leap-ahead cyber operations
capabilities.
[[Page 2433]]
123 STAT. 2433
(b) Elements.--The report required by subsection (a) shall address
the following:
(1) A description of the management structure and investment
review process for coordinating the technology development of
advanced offensive and defensive cyber operations capabilities--
(A) among the military departments, the Defense
Agencies, the combatant commands, and the intelligence
community;
(B) across all levels of classification, including
relevant special access programs; and
(C) based on the identification and prioritization
of joint cyber operations capabilities gaps.
(2) Actions taken and recommendations for further improving
the coordination of research and development of offensive and
defensive cyber operations capabilities among private sector,
interagency, non-governmental, and international partners.
(3) Assessment of the feasibility and utility of regular
national level, joint, interagency cyber exercises that would
include, to the extent possible, participants from industry,
international militaries, and non-governmental organizations to
assess technologies, policies, and capabilities.
(c) Coordination.--The report required by subsection (a) shall be
developed in coordination and concurrence with the Vice Chairman of the
Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence,
the Under Secretary of Defense for Policy, the Assistant Secretary of
Defense for Networks and Information Integration, the Director of the
National Security Agency, and the commander of the United States Cyber
Command.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Cyber Operations Capabilities Defined.--The term ``cyber
operations capabilities'' means the range of capabilities needed for
computer network defense, computer network attack, and computer network
exploitations. Such term includes technical as well as non-materiel
solutions.
SEC. 932. <> DEFENSE INTEGRATED MILITARY
HUMAN RESOURCES SYSTEM DEVELOPMENT AND
TRANSITION.
(a) In General. <> --The Secretary of Defense
shall establish a Defense Integrated Military Human Resources System
development and transition Council to provide advice to the Secretary of
Defense and the Secretaries of the military departments on the
modernization of the integrated pay and personnel system for each
military department and the collection of data generated by each such
system into the enterprise information warehouse.
(b) Council.--The Council shall include the following members:
(1) The Deputy Chief Management Officer of the Department of
Defense.
(2) The Director of the Business Transformation Agency.
(3) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, or a designated representative.
(4) The Under Secretary of Defense for Personnel and
Readiness, or a designated representative.
[[Page 2434]]
123 STAT. 2434
(5) One representative from each of the Army, Navy, Air
Force, and Marine Corps who is a lieutenant general or vice
admiral, or a civilian equivalent.
(6) One representative of the National Guard Bureau who is a
lieutenant general or vice admiral, or a civilian equivalent.
(7) The Assistant Secretary of Defense for Networks and
Information Integration, or a designated representative.
(8) The Director of Operational Test and Evaluation, or a
designated representative.
(9) Such other individuals as may be designated by the
Deputy Secretary of Defense, acting in the Deputy Secretary's
capacity as the Chief Management Officer.
(c) Meetings.--The Council shall meet not less than twice a year, or
more often as specified by the Deputy Secretary of Defense.
(d) Duties.--The Council shall have the following responsibilities:
(1) Resolution of significant policy, programmatic, or
budgetary issues impeding modernization or deployment of
integrated personnel and pay systems for each military
department, including issues relating to--
(A) common interfaces, architectures, and systems
engineering;
(B) ensuring that developmental systems are
consistent with current and future enterprise accounting
and pay and personnel standards and practices; and
(C) ensuring that developmental systems are
consistent with current and future Department of Defense
business enterprise architecture.
(2) Coordination of implementation of the integrated
personnel and pay system within defense organizations to ensure
interoperability between all appropriate elements of the system.
(3) Establishment of metrics to assess the following:
(A) Business process re-engineering needed for
successful deployment of the integrated pay and
personnel system.
(B) Interoperability between legacy, operational,
and developmental pay and personnel systems.
(C) Interface and systems architecture control and
standardization.
(D) Retirement of legacy systems.
(E) Use of the enterprise information warehouse.
(F) Any other relevant matters.
(4) Such other responsibilities as the Secretary determines
are appropriate.
(e) Termination.--This section shall not be in effect after
September 30, 2013.
(f) Report.--Not later than March 1, 2010, the Secretary of Defense
shall submit to the congressional defense committees a report on actions
taken pursuant to this section.
SEC. 933. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZATION,
MANNING, AND MANAGEMENT.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Commander of the United States Special
Operations Command shall prepare and submit to the Secretary of Defense
a report and recommendations, in accordance
[[Page 2435]]
123 STAT. 2435
with this section, on the organization, manning, and management of the
command.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comparison of current and projected fiscal year 2010
military and civilian end strength levels at special operations
command headquarters with fiscal year 2000 levels, both actual
and authorized.
(2) A comparison of fiscal year 2000 through 2010 special
operations command headquarters end strength growth with the
growth of each special operations forces component command
headquarters over the same time period, both actual and
authorized.
(3) A summary and assessment that identifies the resourcing,
in terms of manning, training, equipping, and funding, that the
United States Special Operations Command provides to each of the
theater special operations commands under the geographical
combatant commands and a summary of personnel specialties
assigned to each such command.
(4) Options and recommendations for reducing staffing levels
at special operations command headquarters by 5 and 10 percent,
respectively, and an assessment of the opportunity costs and
management risks associated with each option.
(5) Recommendations for increasing manning levels, if
appropriate, at each component command, and especially at Army
Special Operations Command.
(6) A plan to sustain the cultural engagement group of
Special Operations Command Central.
(7) An assessment of the resourcing requirements to
establish capability similar to the cultural engagement group
capability at the other theater special operations command
locations.
(8) A review and assessment for improving the relationship
between the United States Special Operations Command and each of
the theater special operations commands under the geographical
combatant commands and the establishment of a more direct
administrative and collaborative link between them.
(9) A review and assessment of existing Department of
Defense executive agent support to the United States Special
Operations Command and its subordinate components, as well as
commentary about proposals to use the same executive agent
throughout the special operations community.
(10) An updated assessment on the specific proposal to
provide executive agent support from the Defense Logistics
Agency for the United States Special Operations Command.
(11) A recommendation and plan for including international
development and conflict prevention representatives as
participants in the Interagency Task Force process.
(c) Submission of Report and Recommendations to Congressional
Defense Committees.--Not later than 30 days after the date of the
submission of the report and recommendations required under subsection
(a) by the Commander of the United States Special Operations Command,
the Secretary of Defense shall forward the report and recommendations to
the congressional defense committees, together with such additional
comments as the Secretary considers appropriate.
[[Page 2436]]
123 STAT. 2436
SEC. 934. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER
PROGRESSION OF UNIFORMED AND CIVILIAN
MILITARY CYBER OPERATIONS PERSONNEL.
(a) 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 assessing the challenges to retention and
professional development of cyber operations personnel within the
Department of Defense.
(b) Matters to Be Addressed.--The assessment by the Secretary of
Defense shall address the following matters:
(1) The sufficiency of the numbers and types of personnel
available for cyber operations, including an assessment of the
balance between military and civilian positions and the
availability of personnel with expertise in matters related to
cyber operations from outside of the Department of Defense.
(2) The definition and coherence of career fields for both
members of the Armed Forces and civilian employees of the
Department of Defense, including the sufficiency of training and
experience levels required, and measures to improve them if
necessary.
(3) The types of recruitment and retention incentives
available to members of the Armed Forces and civilian employees
of the Department of Defense.
(4) Identification of legal, policy, or administrative
impediments to attracting and retaining cyber operations
personnel.
(5) The standards used by the Department of Defense to
measure effectiveness at recruiting, retaining, and ensuring an
adequate career progression for cyber operations personnel.
(6) The effectiveness of educational and outreach activities
used to attract, retain, and reward cyber operations personnel,
including how to expand outreach to academic institutions and
improve coordination with other civilian agencies and industrial
partners.
(7) The management of educational and outreach activities
used to attract, retain, and reward cyber operations personnel,
such as the National Centers of Academic Excellence in
Information Assurance Education.
(8) Efforts to establish public-private partnerships to meet
the needs of the Department with respect to cyber operations
personnel and training.
(9) Recommendations for legislative changes necessary to
increase the availability of cyber operations personnel.
(c) Cyber Operations Personnel Defined.--In this section, the term
``cyber operations personnel'' refers to members of the Armed Forces and
civilian employees of the Department of Defense involved with the
operations and maintenance of a computer network connected to the global
information grid, as well as offensive, defensive, and exploitation
functions of such a network.
SEC. 935. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED
AIRCRAFT SYSTEMS.
(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 expanded access to the
national airspace for unmanned aircraft systems of the Department of
Defense.
[[Page 2437]]
123 STAT. 2437
(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
expanded access to the national airspace for unmanned aircraft
systems of the Department of Defense.
(2) Specific milestones, taking into account the operational
and training needs of the Department of Defense and the safety
and air traffic management needs of the Department of
Transportation, for providing expanded access to the national
airspace for unmanned aircraft systems 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
systems 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 a report containing the plan required by
subsection (a) to the following committees:
(1) The congressional defense committees.
(2) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(3) The Committee on Homeland Security and Government
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Relationship of the quadrennial defense review and the annual
budget request.
Sec. 1003. Audit readiness of financial statements of the Department of
Defense.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
Sec. 1012. Joint task forces support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Border coordination centers in Afghanistan and Pakistan.
Sec. 1016. Comptroller General report on effectiveness of accountability
measures for assistance from counter-narcotics central
transfer account.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy.
Sec. 1022. Designation of U.S.S. Constitution as America's Ship of
State.
Sec. 1023. Temporary reduction in minimum number of operational aircraft
carriers.
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR-
1.
[[Page 2438]]
123 STAT. 2438
Subtitle D--Miscellaneous Requirements, Authorities, and Limitations
Sec. 1031. Prohibition relating to propaganda.
Sec. 1032. Responsibility for preparation of biennial global positioning
system report.
Sec. 1033. Reports on bandwidth requirements for major defense
acquisition programs and major system acquisition programs.
Sec. 1034. Additional duties for advisory panel on Department of Defense
capabilities for support of civil authorities after certain
incidents.
Sec. 1035. Charter for the National Reconnaissance Office.
Sec. 1036. National strategic five-year plan for improving the nuclear
forensic and attribution capabilities of the United States.
Sec. 1037. Authorization of appropriations for payments to Portuguese
nationals employed by the Department of Defense.
Sec. 1038. Prohibition on interrogation of detainees by contractor
personnel.
Sec. 1039. Notification and access of International Committee of the Red
Cross with respect to detainees at Theater Internment
Facility at Bagram Air Base, Afghanistan.
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists.
Sec. 1041. Limitation on use of funds for the transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1042. Additional subpoena authority for the Inspector General of
the Department of Defense.
Sec. 1043. Limitations on modifications of certain Government furnished
equipment; one-time authority to transfer certain military
prototype.
Subtitle E--Studies and Reports
Sec. 1051. Report on statutory compliance of the report on the 2009
quadrennial defense review.
Sec. 1052. Report on the force structure findings of the 2009
quadrennial defense review.
Sec. 1053. Annual report on the electronic warfare strategy of the
Department of Defense.
Sec. 1054. Study on a system for career development and management of
interagency national security professionals.
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear
weapons and related programs in non-nuclear-weapons states
and countries not parties to the Nuclear Non-Proliferation
Treaty, and certain foreign persons.
Sec. 1056. Comptroller General review of Department of Defense spending
in final fiscal quarters.
Sec. 1057. Report on Air America.
Sec. 1058. Report on defense travel simplification.
Sec. 1059. Report on modeling and simulation technological and
industrial base.
Sec. 1060. Report on enabling capabilities for special operations
forces.
Sec. 1061. Additional members and duties for the independent panel to
assess the quadrennial defense review.
Sec. 1062. Congressional earmarks relating to the Department of Defense.
Sec. 1063. Report on basing plans for certain United States geographic
combatant commands.
Subtitle F--Other Matters
Sec. 1071. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1072. Business process reengineering.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Extension of sunset for congressional commission on the
strategic posture of the United States.
Sec. 1075. Combat air forces restructuring.
Sec. 1076. Sense of Congress regarding carrier air wing force structure.
Sec. 1077. Department of Veterans Affairs use of service dogs for the
treatment or rehabilitation of veterans with physical or
mental injuries or disabilities.
Sec. 1078. Plan for sustainment of land-based solid rocket motor
industrial base.
Sec. 1079. Justice for victims of torture and terrorism.
Sec. 1080. Requirement for videotaping or otherwise electronically
recording strategic intelligence interrogations of persons in
the custody of or under the effective control of the
Department of Defense.
Sec. 1081. Modification of pilot program on commercial fee-for-service
air refueling support for the air force.
Sec. 1082. Multiyear contracts under pilot program on commercial fee-
for-service air refueling support for the Air Force.
[[Page 2439]]
123 STAT. 2439
Sec. 1083. Disclosure of names of students and instructors at Western
Hemisphere Institute for Security Cooperation.
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute
for Security Cooperation.
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. RELATIONSHIP OF THE QUADRENNIAL DEFENSE REVIEW AND THE
ANNUAL BUDGET REQUEST.
Section 118 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(h) Relationship to Budget.--Nothing in this section shall be
construed to affect section 1105(a) of title 31.''.
SEC. 1003. <> AUDIT READINESS OF
FINANCIAL STATEMENTS OF THE DEPARTMENT
OF DEFENSE.
(a) 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 and the
costs associated with--
[[Page 2440]]
123 STAT. 2440
(i) correcting the financial management
deficiencies that impair the ability of the
Department of Defense to prepare timely, reliable,
and complete financial management information; and
(ii) ensuring the financial statements of the
Department of Defense are validated as ready for
audit by not later than September 30, 2017;
(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;
(C) prioritize--
(i) improving the budgetary information of the
Department of Defense, in order to achieve an
unqualified audit opinion on the Department's
statements of budgetary resources; and
(ii) as a secondary goal, improving the
accuracy and reliability of management information
on the Department's mission-critical assets
(military and general equipment, real property,
inventory, and operating materials and supplies)
and validating its accuracy through existence and
completeness audits; and
(D) include interim goals, including--
(i) the objective of ensuring that the
financial statement of each of the Department of
the Army, the Department of the Navy, the
Department of the Air Force, and the Defense
Logistics Agency is validated as ready for audit:
and
(ii) a schedule setting forth milestones for
elements of the military departments and financial
statements of the military departments to be made
ready for audit as part of the progress required
to meet the objectives established pursuant to
clause (i) of this subparagraph and clause (ii) of
subparagraph (A) of this paragraph.
(b) 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 (a).
(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)(2)(A), including progress toward
achieving the interim goals and milestone schedule
established pursuant to subsection (a)(2)(D); 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
[[Page 2441]]
123 STAT. 2441
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.
(G) To develop a mechanism to conduct audits of the
military intelligence programs and agencies and to
submit audited financial statements for such agencies to
Congress in a classified manner.
(c) 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--Counter-Drug Activities
SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1023 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4586), is further amended--
(1) in subsection (a), by striking ``2009'' and inserting
``2010''; and
(2) in subsection (c), by striking ``2009'' and inserting
``2010''.
SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
(a) Extension of Authority.--Section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C.
371 note), as most recently amended by section 1022 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4586), is further amended by striking ``2009'' and
inserting ``2010''.
[[Page 2442]]
123 STAT. 2442
(b) Annual Report.--Subsection (c) of section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) 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 Congress 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. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section
1021 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4586), is further amended by
striking ``April 15, 2006'' and all that follows through ``February 15,
2009'' and inserting ``February 15, 2010''.
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Subsection (a)(2) section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as most recently amended by section 1024(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4587), is further amended by striking ``2009''
and inserting ``2010''.
(b) Maximum Amount of Support.--Subsection (e)(2) of such section is
amended by striking ``fiscal year 2009'' and inserting ``either of
fiscal years 2009 and 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 to a government''.
SEC. 1015. BORDER COORDINATION CENTERS IN AFGHANISTAN AND
PAKISTAN.
(a) Prohibition on Use of Counter-narcotic Assistance for Border
Coordination Centers.--
[[Page 2443]]
123 STAT. 2443
(1) Prohibition.--Amounts available for drug interdiction
and counter-drug activities of the Department of Defense may not
be expended for the construction, expansion, repair, or
operation and maintenance of any existing or proposed border
coordination center.
(2) Rule of construction.--Paragraph (1) does not prohibit
or limit the use of other funds available to the Department of
Defense to construct, expand, repair, or operate and maintain
border coordination centers.
(b) Limitation on Establishment of Additional Centers.--
(1) Limitation.--The Secretary of Defense may not authorize
the establishment, or any construction in connection with the
establishment, of a third border coordination center in the area
of operations of Regional Command-East in the Islamic Republic
of Afghanistan until a border coordination center has been
constructed, or is under construction, in either--
(A) the area of operations of Regional Command-South
in the Islamic Republic of Afghanistan; or
(B) Baluchistan in the Islamic Republic of Pakistan.
(2) National security waiver. <> --The
Secretary may waive the limitation under paragraph (1) if the
Secretary determines that such a waiver is vital to the national
security interests of the United States.
The <> Secretary shall promptly submit to
Congress notice in writing of any waiver under this paragraph.
(c) Border Coordination Center Defined.--In this section, the term
``border coordination center'' means a multilateral military
coordination and intelligence center that is located, or intended to be
located, near the border between the Islamic Republic of Afghanistan and
the Islamic Republic of Pakistan.
SEC. 1016. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF
ACCOUNTABILITY MEASURES FOR ASSISTANCE
FROM COUNTER-NARCOTICS CENTRAL TRANSFER
ACCOUNT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the performance evaluation
system used by the Secretary of Defense to assess the effectiveness of
assistance provided for foreign nations to achieve the counter-narcotics
objectives of the Department of Defense. The report shall be
unclassified, but may contain a classified annex.
(b) Elements.--The report required by subsection (a) shall contain
the following:
(1) A description of the performance evaluation system of
the Department of Defense used to determine the efficiency and
effectiveness of counter-narcotics assistance provided by the
Department of Defense to foreign nations.
(2) An assessment of the ability of the performance
evaluation system to accurately measure the efficiency and
effectiveness of such counter-narcotics assistance.
(3) Detailed recommendations on how to improve the capacity
of the performance evaluation system for the counter-narcotics
central transfer account.
[[Page 2444]]
123 STAT. 2444
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. SENSE OF CONGRESS ON THE MAINTENANCE OF A 313-SHIP
NAVY.
(a) Findings.--Congress 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 multi-year contracts when
warranted; and
(D) employing an incremental approach to developing
new technologies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Navy should meet its requirement for a 313-ship
fleet until such time that modifications to the Navy's ship
fleet force structure are warranted, and the Secretary of the
Navy provides Congress with a justification of any proposed
modifications, supported by rigorous and sufficient warfighting
analysis;
(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;
[[Page 2445]]
123 STAT. 2445
(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. 1022. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA'S SHIP OF
STATE.
(a) Findings.--Congress makes the following findings:
(1) In the Act entitled ``An Act to Provide a Naval
Armament'', approved on March 27, 1794 (1 Stat. 350, Chap. XII),
the 3rd Congress authorized 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,
Massachusetts, 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 the H.M.S.
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.
[[Page 2446]]
123 STAT. 2446
(12) On April 25, 1860, ``Old Ironsides'' evacuated the
midshipmen of the United States Naval Academy from Annapolis,
Maryland, to Newport, Rhode Island, preventing the young
officers and the esteemed ship from falling into Confederate
hands.
(13) In 1896, Congressman John F. ``Honey Fitz'' Fitzgerald
introduced legislation to return ``Old Ironsides'' from the
Portsmouth Naval Shipyard in New Hampshire, 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 the 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 the 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''.
[[Page 2447]]
123 STAT. 2447
(3) Sense of congress.--It is the sense of Congress that the
President, Vice President, executive branch officials, and
members of Congress should use 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.
SEC. 1023. TEMPORARY REDUCTION IN MINIMUM NUMBER OF OPERATIONAL
AIRCRAFT CARRIERS.
(a) Temporary Waiver. <> --Notwithstanding
section 5062(b) of title 10, United States Code, during the period
beginning on the date of the inactivation of the U.S.S. Enterprise (CVN-
65) scheduled, as of the date of the enactment of this Act, for fiscal
year 2013 and ending on the date of the commissioning into active
service of the U.S.S. Gerald R. Ford (CVN-78), the number of operational
aircraft carriers in the naval combat forces of the Navy may be 10.
(b) Evaluation and Report.--
(1) Evaluation.--During fiscal year 2012, the Chairman of
the Joint Chiefs of Staff, in coordination with the commanders
of the combatant commands, shall evaluate the required postures
and capabilities of each of the combatant commands to assess the
level of increased risk that could result due to a temporary
reduction in the total number of operational aircraft carriers
following the inactivation of the U.S.S. Enterprise (CVN-65).
(2) Report to congress.--Together with the budget materials
submitted to Congress by the Secretary of Defense in support of
the President's budget for fiscal year 2013, the Secretary of
Defense shall submit to the congressional defense committees a
report containing the findings of the evaluation conducted
pursuant to paragraph (1), and the basis for each such finding.
SEC. 1024. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF
SUBMARINE NR-1.
(a) Findings.--Congress makes the following findings:
(1) The Deep Submergence Vessel NR-1 (hereinafter in this
section referred to as ``NR-1'') was built by the Electric Boat
Company in Groton, Connecticut, entered service in 1969, and was
the only nuclear-powered research submersible in the United
States Navy.
(2) NR-1 was assigned to Naval Submarine Base New London,
located in Groton, Connecticut, throughout her entire service
life.
(3) NR-1 was inactivated in December 2008.
(4) Due to the unique capabilities of NR-1, it conducted
numerous missions of significant military and scientific value
most notably in the fields of geological survey and
oceanographic research.
(5) In 1986, NR-1 played a key role in the search for and
recovery of the Space Shuttle Challenger.
[[Page 2448]]
123 STAT. 2448
(6) The mission of the Submarine Force Library and Museum in
Groton, Connecticut, is to collect, preserve, and interpret the
history of the United States Naval Submarine Force in order to
honor veterans and to educate naval personnel and the public in
the heritage and traditions of the Submarine Force.
(7) NR-1 is a unique and irreplaceable part of the history
of the Navy and the Submarine Force and an educational and
historical asset that should be shared with the Nation and the
world.
(b) Sense of Congress.--It is the sense of Congress that--
(1) NR-1 is a unique and irreplaceable part of the Nation's
history and as much of the vessel as possible should be
preserved for the historical and educational benefit of all
Americans at the Submarine Force Library and Museum in Groton,
Connecticut; and
(2) the Secretary of the Navy should ensure that as much of
the vessel as possible, including unique components of on-board
equipment and clearly recognizable sections of the hull and
superstructure, to the full extent practicable, are made
available for transfer to the Submarine Force Library and
Museum.
Subtitle D--Miscellaneous Requirements, Authorities, and Limitations
SEC. 1031. PROHIBITION RELATING TO PROPAGANDA.
(a) In General.--
(1) Prohibition.--Chapter 134 of title 10, United States
Code, is amended by inserting after section 2241 the following
new section:
``Sec. 2241a. Prohibition on use of funds for publicity or
propaganda purposes within the United States
``Funds available to the Department of Defense may not be obligated
or expended for publicity or propaganda purposes within the United
States not otherwise specifically authorized by law.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by adding
at the end the following new item:
``2241a. Prohibition on use of funds for publicity or propaganda
purposes within the United States.''.
(b) <> Effective Date.--Section 2241a of
title 10, United States Code, as added by subsection (a), shall take
effect on October 1, 2009, or the date of the enactment of this Act,
whichever is later.
SEC. 1032. 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
[[Page 2449]]
123 STAT. 2449
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. 1033. 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 to read as follows:
``(d) Formal Review Process for Bandwidth Requirements.--
``(1) In general.--The Secretary of Defense and the Director
of National Intelligence shall, as part of the Milestone B or
Key Decision Point B approval process for any major defense
acquisition program or major system acquisition program,
establish a formal review process to ensure that--
``(A) the bandwidth requirements needed to support
such program are or will be met; and
``(B) a determination will be made with respect to
how to meet the bandwidth requirements for such program.
``(2) Reports.--Not later than January 1 of 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. 1034. ADDITIONAL DUTIES FOR ADVISORY PANEL ON DEPARTMENT OF
DEFENSE CAPABILITIES FOR SUPPORT OF
CIVIL AUTHORITIES AFTER CERTAIN
INCIDENTS.
(a) Additional Duties.--Section 1082(d) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
337) is amended--
[[Page 2450]]
123 STAT. 2450
(1) by redesignating paragraphs (7) and (8) as paragraphs
(9) and (10), respectively; and
(2) 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 and maintains
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);''.
(b) Technical Amendments.--Section 1082(d) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
337) is further amended--
(1) in paragraph (1), by striking ``in support to'' and
inserting ``to provide support to'';
(2) in paragraph (2), by striking ``purposes'' and inserting
``purpose''; and
(3) in paragraph (4), by striking ``other department'' and
inserting ``other departments''.
SEC. 1035. <> CHARTER FOR THE NATIONAL
RECONNAISSANCE OFFICE.
<> Not later than February 1, 2010, the Director
of National Intelligence and the Secretary of Defense shall jointly
submit to the congressional defense committees, the Permanent Select
Committee on Intelligence of the House of Representatives, and the
Select Committee on Intelligence of the Senate a revised charter for the
National Reconnaissance Office (in this section referred to as the
``NRO''). The charter shall include the following:
(1) The organizational and governance structure of the NRO.
(2) The role of the NRO in the development and generation of
requirements and acquisition.
(3) The scope of the capabilities of the NRO.
(4) The roles and responsibilities of the NRO and the
relationship of the NRO to other organizations and agencies in
the intelligence and defense communities.
SEC. 1036. 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
[[Page 2451]]
123 STAT. 2451
(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. 1037. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO
PORTUGUESE NATIONALS EMPLOYED BY THE
DEPARTMENT OF DEFENSE.
(a) Authorization for Payments.--Subject to subsection (b), the
Secretary of Defense may authorize payments to Portuguese nationals
employed by the Department of Defense in Portugal, for the difference
between--
(1) the salary increases resulting from section 8002 of the
Department of Defense Appropriations Act, 2006 (Public Law 109-
148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002 of
the Department of Defense Appropriations Act, 2007 (Public Law
109-289; 120 Stat. 1271; 10 U.S.C. 1584 note); and
(2) salary increases supported by the Department of Defense
Azores Foreign National wage surveys for survey years 2006 and
2007.
(b) Limitation.--The authority provided in subsection (a) may be
exercised only if--
(1) the wage survey methodology described in the United
States--Portugal Agreement on Cooperation and Defense, with
supplemental technical and labor agreements and exchange of
notes, signed at Lisbon on June 1, 1995, and entered into force
on November 21, 1995, is eliminated; and
(2) the agreements and exchange of notes referred to in
paragraph (1) and any implementing regulations thereto are
revised to provide that the obligations of the United States
regarding annual pay increases are subject to United States
appropriation law governing the funding available for such
increases.
(c) Authorization for Appropriation.--Of the amounts authorized to
be appropriated under title III, not less than $240,000 is authorized to
be appropriated for fiscal year 2010 for the purpose of the payments
authorized by subsection (a).
SEC. 1038. <> PROHIBITION ON INTERROGATION
OF DETAINEES BY CONTRACTOR PERSONNEL.
(a) Prohibition. <> --Except as provided in
subsection (b), effective one year after the date of the enactment of
this Act, no enemy prisoner of war, civilian internee, retained
personnel, other
[[Page 2452]]
123 STAT. 2452
detainee, or any other individual who is in the custody or under the
effective control of the Department of Defense or otherwise under
detention in a Department of Defense facility in connection with
hostilities may be interrogated by contractor personnel.
(b) Authorized Functions of Contractor Personnel.--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, including
as trainers of and advisors to interrogators, in interrogations of
persons as described in subsection (a) if--
(1) 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; and
(2) appropriately qualified and trained military or civilian
personnel of the Department of Defense are available to oversee
the contractor's performance and to ensure that contractor
personnel do not perform activities that are prohibited under
this section.
(c) 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) are conducted by
appropriately qualified government personnel.
(d) Waiver.--
(1) Waivers authorized. <> --The Secretary of Defense may waive
the prohibition under subsection (a) for a period of 60 days if
the Secretary determines such a waiver is vital to the national
security interests of the United States. The Secretary may renew
a waiver issued pursuant to this paragraph for an additional 30-
day period, if the Secretary determines that such a renewal is
vital to the national security interests of the United States.
(2) Limitation on delegation.--
(A) In general.--The waiver authority under
paragraph (1) may not be delegated to any official below
the level of the Deputy Secretary of Defense, except in
the case of a waiver for an individual interrogation
that is based on military exigencies, in which case the
delegation of the waiver authority shall be done
pursuant to regulations that the Secretary of Defense
shall prescribe but in no instance may the latter
delegation be below the level of combatant commander of
the theater in which the individual is in the custody or
under the effective control of the Department of Defense
or otherwise under detention in a Department of Defense
facility within that theater.
(B) Deadline for regulations.--The Secretary of
Defense shall prescribe the regulations referred to in
subparagraph (A) by not later than 30 days after the
date of the enactment of this Act.
(3) Congressional notification. <> --Not
later than five days after the Secretary issues a waiver
pursuant to paragraph (1), the Secretary shall submit to
Congress written notification of the waiver.
[[Page 2453]]
123 STAT. 2453
SEC. 1039. NOTIFICATION AND ACCESS OF INTERNATIONAL COMMITTEE OF
THE RED CROSS WITH RESPECT TO DETAINEES
AT THEATER INTERNMENT FACILITY AT BAGRAM
AIR BASE, AFGHANISTAN.
(a) Notification.--The head of a military service or department that
has custody or effective control of the Theater Internment Facility at
Bagram Air Base, Afghanistan, or of any individual detained at such
facility, shall, upon the detention of any such individual at such
facility, notify the International Committee of the Red Cross (referred
to in this section as the ``ICRC'') of such custody or effective
control, as soon as practicable.
(b) Access.--
(1) ICRC access.--The head of a military service or
department with effective control of the Theater Internment
Facility at Bagram Air Base, Afghanistan, shall--
(A) endeavor to ensure prompt ICRC access to any
individual described in subsection (a) upon receipt by
such head of an ICRC request to visit the detainee,
pursuant to subsection (a); or
(B) if access to a such individual is temporarily
denied as an exceptional measure, due to reasons of
imperative military necessity, as soon thereafter as
practicable, consistent with Article 126 of the Geneva
Convention Relative to the Treatment of Prisoners of
War, done at Geneva on August 12, 1949 (6 UST 3316), but
normally no later than the next regularly scheduled ICRC
visit.
(2) Protocols and agreements.--Such access to the individual
shall continue pursuant to ICRC protocols and agreements reached
between the ICRC and the head of a military service or
department with effective control over the Theater Internment
Facility at Bagram Air Base, Afghanistan.
(c) Scope of Access.--The ICRC shall be provided access, in
accordance with this section, to those physical localities within the
Theater Internment Facility at Bagram Air Base, Afghanistan, that are
determined to be relevant to the treatment of an individual described in
subsection (a), including the individual's cell or room, interrogation
facilities or rooms, hospital or related health care facilities or
rooms, and recreation areas. The scope of access described in this
subsection shall not be construed to apply to facilities other than the
Theater Internment Facility at Bagram Air Base, Afghanistan.
(d) Exception Consistent With the Geneva Convention Relative to the
Treatment of Prisoners of War.--Consistent with Article 126 of the
Geneva Convention Relative to the Treatment of Prisoners of War, access
by the ICRC to a detainee as provided for in subsections (b) and (c) may
be temporarily denied, as an exceptional measure, for reasons of
imperative military necessity.
(e) Construction.--Nothing in this section shall be construed to--
(1) create or modify the authority of the United States
Armed Forces, the Department of Defense, a Federal law
enforcement agency, or the intelligence community to detain an
individual under existing law, as of the date of the enactment
of this Act; or
[[Page 2454]]
123 STAT. 2454
(2) limit or otherwise affect any other rights or
obligations which may arise under the Geneva Conventions, other
international agreements, or other laws, or to state all of the
situations under which notification to and access for the ICRC
is required or allowed.
SEC. 1040. <> NO MIRANDA WARNINGS FOR AL
QAEDA TERRORISTS.
(a) No Miranda Warnings.--
(1) In general.--Absent a court order requiring the reading
of such statements, no member of the Armed Forces and no
official or employee of the Department of Defense or a component
of the intelligence community (other than the Department of
Justice) may read to a foreign national who is captured or
detained outside the United States as an enemy belligerent and
is in the custody or under the effective control of the
Department of Defense or otherwise under detention in a
Department of Defense facility the statement required by Miranda
v. Arizona (384 U.S. 436 (1966)), or otherwise inform such an
individual of any rights that the individual may or may not have
to counsel or to remain silent consistent with Miranda v.
Arizona (384 U.S. 436 (1966)).
(2) Nonapplicability to department of justice.--This
subsection shall not apply to the Department of Justice.
(3) Definitions.--In this subsection:
(A) The term ``foreign national'' means an
individual who is not a citizen or national of the
United States.
(B) The term ``enemy belligerent'' includes a
privileged belligerent against the United States and an
unprivileged enemy belligerent, as those terms are
defined in section 948a of title 10, United States Code,
as amended by section 1802 of this Act.
(b) Report Required on Notification of Detainees of Rights Under
Miranda v. Arizona.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on how the reading of rights
under Miranda v. Arizona (384 U.S. 436 (1966)) to individuals detained
by the United States in Afghanistan may affect--
(1) the tactical questioning of detainees at the point of
capture by United States Armed Forces deployed in support of
Operation Enduring Freedom;
(2) post-capture theater-level interrogations and
intelligence-gathering activities conducted as part of Operation
Enduring Freedom;
(3) the overall counterinsurgency strategy and objectives of
the United States for Operation Enduring Freedom;
(4) United States military operations and objectives in
Afghanistan; and
(5) potential risks to members of the Armed Forces operating
in Afghanistan.
SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE
OF INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Release Prohibition. <> --During the period
beginning on October 1, 2009, and ending on December 31, 2010, the
Secretary of Defense may not use any of the amounts authorized to be
appropriated in this Act or otherwise available to the Department
[[Page 2455]]
123 STAT. 2455
of Defense to release into the United States, its territories, or
possessions, any individual described in subsection (e).
(b) Transfer Limitation. <> --During
the period beginning on October 1, 2009, and ending on December 31,
2010, the Secretary of Defense may not use any of the amounts authorized
to be appropriated in this Act or otherwise available to the Department
of Defense to transfer any individual described in subsection (e) to the
United States, its territories, or possessions, until 45 days after the
President has submitted to the congressional defense committees the plan
described in subsection (c).
(c) Comprehensive Plan Required. <> --The
President shall submit to the congressional defense committees a plan
for the disposition of each individual described in subsection (e) who
is proposed to be transferred to the United States, its territories, or
possessions. Such plan for each individual shall include, at a minimum--
(1) an assessment of the risk that the individual described
in subsection (e) poses to the national security of the United
States, its territories, or possessions;
(2) a proposal for the disposition of each such individual;
(3) the measures to be taken to mitigate any risks described
in paragraph (1);
(4) the location or locations at which the individual will
be held under the proposal for disposition required by paragraph
(2);
(5) the costs associated with executing the plan, including
technical and financial assistance required to be provided to
State and local law enforcement agencies, if necessary, to carry
out the plan;
(6) a summary of the consultation required in subsection
(d); and
(7) a certification by the Attorney General that under the
plan the individual poses little or no security risk to the
United States, its territories, or possessions.
(d) Consultation Required. <> --The President
shall consult with the chief executive of the State, the District of
Columbia, or the territory or possession of the United States to which
the disposition in subsection (c)(2) includes transfer to that State,
District of Columbia, or territory or possession.
(e) Detainees Described.--An individual described in this subsection
is any individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(1) is not a citizen of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at the United States
Naval Station, Guantanamo Bay, Cuba.
SEC. 1042. 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 as necessary in the performance of functions assigned to the
Inspector General by this Act, except that the Inspector
[[Page 2456]]
123 STAT. 2456
General shall use procedures other than subpoenas to obtain attendance
and testimony from Federal employees.
``(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
notify the Attorney General 7 days before issuing any subpoena under
this section.''.
SEC. 1043. <> LIMITATIONS ON
MODIFICATIONS OF CERTAIN GOVERNMENT
FURNISHED EQUIPMENT; ONE-TIME AUTHORITY
TO TRANSFER CERTAIN MILITARY PROTOTYPE.
(a) Limitation. <> --An article of military
equipment that is an end item of a major weapon system may not be
furnished or transferred to a private entity for the conduct of
research, development, test and evaluation under contractual agreement
with the Department of Defense, if such research, development, test, and
evaluation necessitates significantly modifying the military equipment,
until the senior acquisition official of a military department, or his
designee, submits to the congressional defense committees certification
in writing--
(1) that the modification of such article of military
equipment is necessary to execute the contractual scope of work
and there is no suitable alternative to modifying such article;
(2) that the research, development, test, and evaluation
effort is of sufficient interest to the military department to
warrant the modification of such article of military equipment;
(3) that--
(A) prior to the end of the period of performance of
such a contractual agreement, the article of military
equipment will be restored to its original condition; or
(B) it is not necessary to restore the article of
military equipment to its original condition because the
military department intends to dispose of the equipment
or operate the equipment in its modified form.
(4) that the private entity has sufficient resources and
capability to fully perform the contractual research,
development, test, and evaluation; and
(5) that the military department has--
(A) identified the scope of future test and
evaluation likely to be required prior to transition of
the associated technology to a program of record; and
(B) a plan for the conduct of such future test and
evaluation, including the anticipated roles and
responsibilities of government and the private entity,
as applicable.
(b) Certification.--No military equipment that is an end item of a
major weapons system may be transferred or furnished to a private entity
for purposes of research and development as authorized under subsection
(a) unless the senior officer of the military service concerned
certifies to the congressional defense committees that such equipment is
not essential to the defense of the United States.
(c) <> One-time Authority to Transfer.--The
Secretary of the Navy may transfer, to Piasecki Aircraft Corporation of
Essington, Pennsylvania (in this section referred to as ``transferee''),
all right, title, and interest of the United States, except as otherwise
provided in this subsection, in and to Navy aircraft N40VT (Bureau
Number
[[Page 2457]]
123 STAT. 2457
163283), also known as the X-49A aircraft, and associated components and
test equipment, previously specified as Government-furnished equipment
in contract N00019-00-C-0284. The transferee shall provide consideration
for the transfer of such military equipment to the transferor of an
amount not to exceed fair value, as determined, on a non-delegable
basis, by the Secretary.
(d) Applicable Law.--The transfer or use of military equipment is
subject to all applicable Federal and 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 13 seq.), and the Espionage
Act.
(e) Condition of Equipment to Be Transferred.--
(1) As-is condition.--The military equipment transferred
under subsection (c) 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 (c).
(2) Spare parts or equipment.--The Secretary of the Navy is
not required to provide spare parts or equipment as a result of
the transfer authorized under subsection (c).
(f) Transfer at No Cost to the United States.--The transfer of
military equipment under subsection (c) shall be made at no cost to the
United States. Any costs associated with the transfer shall be borne by
the transferee.
(g) Additional Terms and Conditions. <> --The
Secretary shall require that the transfer authorized by section (c) be
carried out by means of a written agreement and shall require, at a
minimum, the following conditions to the transfer:
(1) A condition stipulating that the transfer of the X-49A
aircraft is for the sole purpose of further development, test,
and evaluation of vectored thrust ducted propeller (hereinafter
in this section referred to as ``VTDP'') technology.
(2) A condition providing the Government the right to
procure the VTDP technology demonstrated under this program at a
discounted cost based on the value of the X-49A aircraft and
associated equipment at the time of transfer, with such
valuation and terms determined by the Secretary.
(3) A condition that the transferee not transfer any
interest in, or transfer possession of, the military equipment
transferred under subsection (b) to any other party without the
prior written approval of the Secretary.
(4) A condition that if the Secretary determines at any time
that the transferee has failed to comply with a condition set
forth in paragraphs (1) through (3), all items referred to in
subsection (b) shall be transferred back to the Navy, at no cost
to the United States.
(5) A condition that the transferee acknowledges sole
responsibility of the X-49A aircraft and associated equipment
and assumes all liability for operation of the X-49A aircraft
and associated equipment.
(h) No Liability for the United States.--Upon the transfer of
military equipment under subsection (b), the United States shall not be
liable for any death, injury, loss, or damage that results
[[Page 2458]]
123 STAT. 2458
from the use of such military equipment by any person other than the
United States.
(i) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a transfer under
subsection (b) as the Secretary considers appropriate to protect the
interests of the United States.
(j) Definitions.--In this subsection:
(1) The term ``major system'' has the meaning provided in
section 2302 of title 10, United States Code.
(2) The term ``contractual agreement'' includes contracts,
grants, cooperative agreements, and other transactions.
Subtitle E--Studies and Reports
SEC. 1051. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON THE
2009 QUADRENNIAL DEFENSE REVIEW.
(a) Comptroller General Report.--Not later than 90 days after the
Secretary of Defense releases the report on the 2009 quadrennial defense
review, the Comptroller General shall submit to the congressional
defense committees and to the Secretary of Defense a report on the
degree to which the report on the 2009 quadrennial defense review
addresses each of the items required by subsection (d) of section 118 of
title 10, United States Code.
(b) Secretary of Defense Report. <> --If the
Comptroller General determines that the report on the 2009 quadrennial
defense review fails to directly address items required by subsection
(d) of section 118 of such title, the Secretary of Defense shall submit
to the congressional defense committees a report directly addressing
those items not later than 30 days after the submission of the report by
the Comptroller General required by paragraph (1).
SEC. 1052. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 2009
QUADRENNIAL DEFENSE REVIEW.
(a) Report Requirement. <> --
Concurrent with the delivery of the report on the 2009 quadrennial
defense review required by section 118 of title 10, United States Code,
the Secretary of Defense shall submit to the congressional defense
committees a report with a classified annex containing--
(1) the analyses used to determine and support the findings
on force structure required by such section; and
(2) a description of any changes from the previous
quadrennial defense review to the minimum military requirements
for major military capabilities.
(b) Major Military Capabilities Defined.--In this section, the term
``major military capabilities'' includes any capability the Secretary
determines to be a major military capability, any capability discussed
in the report of the 2006 quadrennial defense review, and any capability
described in paragraph (9) or (10) of section 118(d) of title 10, United
States Code.
SEC. 1053. ANNUAL REPORT ON THE ELECTRONIC WARFARE STRATEGY OF THE
DEPARTMENT OF DEFENSE.
(a) Annual Report Required.--At the same time as the President
submits to Congress the budget under section 1105(a) of title 31, United
States Code, for each of fiscal years 2011 through 2015, the Secretary
of Defense, in coordination with the Chairman of the Joint Chiefs of
Staff and the Secretary of each of the military
[[Page 2459]]
123 STAT. 2459
departments, shall submit to the congressional defense committees an
annual report on the electronic warfare strategy of the Department of
Defense.
(b) Contents of Report.--Each report required under subsection (a)
shall include each of the following:
(1) A description and overview of--
(A) the electronic warfare strategy of the
Department of Defense;
(B) how such strategy supports the National Defense
Strategy; and
(C) the organizational structure assigned to oversee
the development of the Department's electronic warfare
strategy, requirements, capabilities, programs, and
projects.
(2) A list of all the electronic warfare acquisition
programs and research and development projects of the Department
of Defense and a description of how each program or project
supports the Department's electronic warfare strategy.
(3) For each unclassified program or project on the list
required by paragraph (2)--
(A) the senior acquisition executive and
organization responsible for oversight of the program or
project;
(B) whether or not validated requirements exist for
the program or project and, if such requirements do
exist, the date on which the requirements were validated
and the organizational authority that validated such
requirements;
(C) the total amount of funding appropriated,
obligated, and forecasted by fiscal year for the program
or project, including the program element or procurement
line number from which the program or project receives
funding;
(D) the development or procurement schedule for the
program or project;
(E) an assessment of the cost, schedule, and
performance of the program or project as it relates to
the program baseline for the program or project, as of
the date of the submission of the report, and the
original program baseline for such program or project,
if such baselines are not the same;
(F) the technology readiness level of each critical
technology that is part of the program or project;
(G) whether or not the program or project is
redundant or overlaps with the efforts of another
military department; and
(H) the capability gap that the program or project
is being developed or procured to fulfill.
(4) A classified annex that contains the items described in
subparagraphs (A) through (H) of paragraph (3) for each
classified program or project on the list required by paragraph
(2).
SEC. 1054. STUDY ON A SYSTEM FOR CAREER DEVELOPMENT AND MANAGEMENT
OF INTERAGENCY NATIONAL SECURITY
PROFESSIONALS.
(a) Study Required.--
[[Page 2460]]
123 STAT. 2460
(1) Designation of executive agency. <> --
Not later than 30 days after the date of the enactment of this
Act, the President shall designate an Executive agency to
commission a study of the matters described in subsection (b) by
an appropriate independent, nonprofit organization. The
designated Executive agency shall select the organization and
commission the study not later than 90 days after the date of
the enactment of this Act.
(2) Qualifications of organization selected.--The
organization selected shall be qualified on the basis of having
performed related work in the fields of national security and
human capital development, and on the basis of such other
criteria as the head of the designated Executive agency may
determine.
(b) Matters to Be Examined.--The study required by subsection (a)
shall examine matters pertaining to a system for the development and
management of interagency national security professionals including, at
a minimum, the following:
(1) Professional development.--The skills, education,
training, and professional experiences desired in interagency
national security professionals at various career stages, as
well as the feasibility, benefits, and costs of developing a
pool of personnel necessary to enable interagency national
security professionals to undertake such professional
development opportunities.
(2) Coordination.--Procedures for ensuring appropriate
consistency and coordination among participating Executive
agencies, such as methods for identifying positions and
personnel that should be included in the system, and
coordination of treatment in personnel and human resource
systems, including performance review and promotion policies.
(3) Funding.--Potential mechanisms for funding an
interagency national security professional development program.
(4) Military and state and local government personnel.--The
feasibility of integrating, coordinating, or supplementing the
systems and requirements regarding experience and education for
military officers with an interagency national security
professional system, as well as potential means of, and benefits
and drawbacks of, including State and local government
organizations and personnel in the system.
(5) Incentives to participate.--Incentives and requirements
that could be implemented to encourage personnel and
organizations to fully participate in the system across various
career levels.
(6) Current efforts.--The effectiveness of, and lessons
learned from, major current efforts at developing interagency
national security professionals.
(c) Report.--A report containing the findings and recommendations
resulting from the study required by subsection (a), together with any
views or recommendations of the President, shall be submitted to
Congress not later than December 1, 2010.
(d) Definitions.--In this section:
(1) The term ``Executive agency'' has the meaning given such
term by section 105 of title 5, United States Code.
(2) The term ``employee'' has the meaning given such term by
section 2105 of title 5, United States Code.
[[Page 2461]]
123 STAT. 2461
(3) The term ``interagency national security professional''
means an employee of an Executive agency who plans, coordinates,
or participates in activities relating to the national security
of the United States that require significant interaction and
engagement with other Executive agencies.
SEC. 1055. <> REPORT ON NUCLEAR ASPIRATIONS OF
NON-STATE ENTITIES, NUCLEAR WEAPONS AND
RELATED PROGRAMS IN NON-NUCLEAR-WEAPONS
STATES AND COUNTRIES NOT PARTIES TO THE
NUCLEAR NON-PROLIFERATION TREATY, AND
CERTAIN FOREIGN PERSONS.
(a) In General.--The Director of National Intelligence shall
biennially 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--
(1) on 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) on the nuclear weapons aspirations of such non-state
entities as the Director considers appropriate to include in the
report; and
(3) that identifies each foreign person that, during the
period covered by the report, made a material contribution to
the research, development, production, or acquisition by a
country of proliferation concern of--
(A) weapons of mass destruction (including nuclear
weapons, chemical weapons, or biological weapons); or
(B) ballistic or cruise missile systems.
(b) Elements.--The report 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 or by such country or non-
state entity and, in the case of assistance provided by such
country or non-state entity, a description of to whom such
assistance was provided.
(6) An assessment of the annual capability of such country
and non-state entity to produce new or newly designed nuclear
weapons.
[[Page 2462]]
123 STAT. 2462
(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) An assessment of the intentions of such country or non-
state entity to leverage civilian nuclear capabilities for a
nuclear weapons program.
(11) A description of any delivery systems available to such
country or non-state entity and an assessment of whether nuclear
warheads have been mated, or there are plans for such warheads
to be mated, to any such delivery system.
(12) An assessment of the physical security of the storage
facilities for nuclear weapons in such country or controlled by
such non-state entity.
(13) An assessment of whether such country is modernizing or
otherwise improving the safety, security, and reliability of the
nuclear weapons stockpile of such country.
(14) An assessment of the industrial capability and capacity
of such country or non-state entity to produce nuclear weapons.
(15) In the case of a country, an assessment of the policy
of such country on the employment and use of nuclear weapons.
(c) References to Other Reports.--Each report submitted under
subsection (a) shall include a copy of any other report that is
incorporated by reference into the report submitted under subsection
(a).
(d) Unclassified Summary.--Each report submitted under subsection
(a) shall include an unclassified summary of such report.
(e) 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 first report
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 first report required under
subsection (a) 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 such report will not be submitted by
September 1, 2010; and
(B) setting forth the date by which the Director
will submit such report.
(f) <> Conforming Amendment.--Section 722 of the
Combating Proliferation of Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2369) is repealed.
(g) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means any
of the following:
[[Page 2463]]
123 STAT. 2463
(A) A natural person who is not a citizen of the
United States.
(B) A corporation, business association,
partnership, society, trust, or other nongovernmental
entity, organization, or group that is organized under
the laws of a foreign country or has its principal place
of business in a foreign country.
(C) Any foreign government or foreign governmental
entity operating as a business enterprise or in any
other capacity.
(D) Any successor, subunit, or subsidiary of any
entity described in subparagraph (B) or (C).
(2) Country of proliferation concern.--The term ``country of
proliferation concern'' means any country identified by the
Director of Central Intelligence as having engaged in the
acquisition of dual-use and other technology useful for the
development or production of weapons of mass destruction
(including nuclear weapons, chemical weapons, and biological
weapons) or advanced conventional munitions--
(A) in the most recent report under section 721 of
the Combating Proliferation of Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2366); or
(B) in any successor report on the acquisition by
foreign countries of dual-use and other technology
useful for the development or production of weapons of
mass destruction.
SEC. 1056. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE
SPENDING IN FINAL FISCAL QUARTERS.
(a) Review of Spending by the Comptroller General.--The Comptroller
General shall conduct a review of obligations incurred by the Department
of Defense in the final quarter each covered fiscal year, as compared to
the obligations so incurred in the first three quarters of that fiscal
year, to determine if policies with respect to financial execution by
the Department contribute to hastened year-end spending and poor use or
waste of taxpayer dollars. Such review shall include both one-year and
multi-year appropriations for each covered fiscal year.
(b) Covered Fiscal Years.--For purposes of this section, a covered
fiscal year is fiscal year 2006, 2007, 2008, or 2009.
(c) Report.--Not later than March 31, 2010, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and House
of Representatives 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 a fiscal year.
SEC. 1057. 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
[[Page 2464]]
123 STAT. 2464
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 America 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
[[Page 2465]]
123 STAT. 2465
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. 1058. 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 House of Representatives
a report setting forth a comprehensive plan to simplify Department of
Defense travel procedures.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A comprehensive discussion of aspects of the Department
of Defense travel procedures that are most confusing,
inefficient, and in need of revision.
(2) A critical review of opportunities to streamline and
simplify defense travel policies and to reduce travel-related
costs to the Department of Defense.
(3) A discussion of any actions to incorporate permanent
duty travel that are being undertaken by the Secretary of
Defense as of the date of the enactment of this Act.
(4) A plan to gather data on the number of manual temporary
duty vouchers processed by the Department of Defense.
(5) Options to leverage industry capabilities and
technologies that could enhance management responsiveness to
changing markets.
(6) A discussion of pilot programs that the Secretary of
Defense could carry out to demonstrate the merit of improvements
identified pursuant to preparing the report required by this
section, including a discussion of--
(A) recommendations for legislative authority; and
(B) how the systems developed for purposes of such a
pilot program would interact with the automated Defense
Travel System in effect as of the date of the enactment
of this Act.
(7) Such recommendations and an implementation plan for
legislative or administrative action as the Secretary of Defense
considers appropriate to improve defense travel.
SEC. 1059. REPORT ON MODELING AND SIMULATION TECHNOLOGICAL AND
INDUSTRIAL BASE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, working
[[Page 2466]]
123 STAT. 2466
through the Director for Defense Research and Engineering, the Deputy
Under Secretary of Defense for Industrial Policy, the Commander of the
United States Joint Forces Command, and other appropriate organizations,
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 technological
and 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
technological and 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 technological and industrial base.
(6) Other matters as determined appropriate by the
Secretary.
SEC. 1060. 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 Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, and the Commandant of
the Marine Corps 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.
[[Page 2467]]
123 STAT. 2467
(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 Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, and the
Commandant of the Marine Corps 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.
SEC. 1061. ADDITIONAL MEMBERS AND DUTIES FOR THE INDEPENDENT PANEL
TO ASSESS THE QUADRENNIAL DEFENSE
REVIEW.
(a) 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 as
follows:
(A) Two appointed by the chairman of the Committee
on Armed Services of the House of Representatives.
(B) Two appointed by the chairman of the Committee
on Armed Services of the Senate.
(C) Two appointed by the ranking member of the
Committee on Armed Services of the House of
Representatives.
(D) Two appointed by the ranking member of the
Committee on Armed Services of the Senate.
(2) Period of appointment; vacancies.--Members of the Panel
appointed under paragraph (1) shall be appointed for the life of
the Panel. Any vacancy in an appointment to the
[[Page 2468]]
123 STAT. 2468
Panel under paragraph (1) shall be filled in the same manner as
the original appointment.
(b) Additional Duties.--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) review the Secretary of Defense's terms of reference,
and any other materials providing the basis for, or substantial
inputs to, the work of the Department of Defense on the 2009
QDR;
(2) conduct an assessment of the assumptions, strategy,
findings, and risks in the report of the Secretary of Defense on
the 2009 QDR, with particular attention paid to the risks
described in that report;
(3) conduct an independent assessment of a variety of
possible force structures for the Armed Forces, including the
force structure identified in the report of the Secretary of
Defense on the 2009 QDR; and
(4) review the resource requirements identified in the 2009
QDR pursuant to section 118(b)(3) of title 10, United States
Code, and, to the extent practicable, make a general comparison
of such resource requirements with the resource requirements to
support the forces contemplated under the force structures
assessed under paragraph (3).
(c) Reports.--
(1) Initial report of panel.--The report on the 2009 QDR
that is submitted to Congress pursuant to section 118(f)(2) of
title 10, United States Code, shall include, in addition to any
other matters required by such section, the interim findings of
the Panel with respect to the matters specified in subsection
(b).
(2) Final report of panel.--Not later than July 15, 2010,
the Panel shall submit to the Secretary of Defense, and to the
congressional defense committees, the final report of the Panel
on the matters specified in subsection (b). The report shall
include such recommendations on such matters as the Panel
considers appropriate.
(3) Report of secretary of defense.--Not later than August
15, 2010, the Secretary of Defense shall, after consultation
with the Chairman of the Joint Chiefs of Staff, submit to the
congressional defense committees a report setting forth the
Secretary's response to the final report of the Panel under
paragraph (2).
(d) Termination of Panel.--The Panel shall terminate 45 days after
the date on which the Panel submits its final report under subsection
(c)(2).
SEC. 1062. <> CONGRESSIONAL EARMARKS
RELATING TO THE DEPARTMENT OF DEFENSE.
(a) Report on Recurring Earmarks.--
(1) 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
regarding covered earmarks.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An identification of each covered earmark that
has been included in a national defense authorization
Act
[[Page 2469]]
123 STAT. 2469
for three or more consecutive fiscal years as of the
date of the enactment of this Act.
(B) 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 covered earmark.
(C) An identification of the specific contracting
vehicle used for each covered earmark.
(D) In the case of any covered earmark for which
competitive or merit-based procedures were not used to
award funding, or to enter into 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 Congressional 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 a 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 ``covered earmark'' means any congressional
earmark identified in the joint explanatory statement to
accompany the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417) that was printed in
the Congressional Record on September 23, 2008.
(3) 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. 1063. <> REPORT ON BASING PLANS FOR
CERTAIN UNITED STATES GEOGRAPHIC
COMBATANT COMMANDS.
(a) Report Requirement.--Concurrent with the delivery of the report
on the 2009 quadrennial defense review required by section 118 of title
10, United States Code, the Secretary of Defense shall submit to the
congressional defense committees a report on the plan for basing of
forces outside the United States.
(b) Matters Covered.--The report required under subsection (a) shall
contain a description of--
(1) how the plan supports the United States national
security strategy;
(2) how the plan supports the security commitments
undertaken by the United States pursuant to any international
security treaty, including the North Atlantic Treaty, the Treaty
of Mutual Cooperation and Security between the United States and
Japan, and the Security Treaty Between Australia, New Zealand,
and the United States of America;
(3) how the plan addresses the current security environment
in each geographic combatant command's area of responsibility,
including United States participation in theater security
[[Page 2470]]
123 STAT. 2470
cooperation activities and bilateral partnership, exchanges, and
training exercises;
(4) the impact that a permanent change in the basing of a
unit currently stationed outside the United States would have on
the matters described in paragraphs (1) through (3);
(5) the impact the plan will have on the status of overseas
base closure and realignment actions undertaken as part of a
global defense posture realignment strategy and the status of
development and execution of comprehensive master plans for
overseas military main operating bases, forward operating sites,
and cooperative security locations of the global defense posture
of the United States;
(6) any recommendations for additional closures or
realignments of military installations outside of the United
States; and
(7) any comments resulting from an interagency review of the
plan that includes the Department of State and other relevant
Federal departments and agencies.
(c) Notification Requirement.--The Secretary of Defense shall notify
Congress at least 30 days before the permanent relocation of a unit
stationed outside the United States as of the date of the enactment of
this Act.
(d) Definitions.--In this section:
(1) Unit.--The term ``unit'' has the meaning determined by
the Secretary of Defense for purposes of this section.
(2) Geographic combatant command.--For purposes of this
section, the term ``geographic combatant command'' means a
combatant command with a geographic area of responsibility that
does not include North America.
Subtitle F--Other Matters
SEC. 1071. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR
COMBATING TERRORISM.
Section 127b(c)(3)(C) of title 10, United States Code, is amended by
striking ``2009'' and inserting ``2010''.
SEC. 1072. 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--
[[Page 2471]]
123 STAT. 2471
``(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
[[Page 2472]]
123 STAT. 2472
(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. 1073. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of subtitle A is
amended--
(A) in the item relating to chapter 81, by striking
``1581'' and inserting ``1580''; and
(B) in the item relating to chapter 152, by striking
``2541'' and inserting ``2551''.
(2) Section 118(g) is amended by striking ``the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2008'' in paragraphs (1) and (2) and inserting ``January
28, 2008,''.
(3) Section 184(b)(3) is amended by striking ``the date of
the enactment of this section'' and inserting ``October 17,
2006''.
(4) Section 438 at the end of subchapter I of chapter 21 is
redesignated as section 428.
(5) The item relating to section 438 in the table of
sections at the beginning of subchapter I of chapter 21 is
redesignated as section 428.
(6) Section 490(b)(1) is amended by striking ``180 days
after date of the enactment of this section, and every even-
numbered year thereafter'' and inserting ``July 28 of every
even-numbered year''.
(7) The table of chapters at the beginning of part II of
subtitle A is amended by striking ``1581'' in the item relating
to chapter 81 and inserting ``1580''.
(8) Section 992(b)(4) is amended by striking the period
after ``under this section''.
(9) Section 1074f(f)(3) is amended by striking
``continency'' and inserting ``contingency''.
[[Page 2473]]
123 STAT. 2473
(10) Section 1074g(f) is amended by striking ``on or after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008'' and inserting ``after January 28,
2008''.
(11) The section heading for section 1076d is amended by
striking ``standard'' and inserting ``Standard''.
(12) Section 1079(f)(2)(B) is amended by striking the period
after ``year''.
(13) Section 1142(b) is amended--
(A) in paragraph (4)(C), by striking ``the Troops-
to-Teachers Program Act of 1999 (20 U.S.C. 9301 et
seq.)'' and inserting ``the Troops-to-Teachers Program
under section 2302 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6672)''; and
(B) in paragraph (15), by striking ``federal'' both
places it appears and inserting ``Federal''.
(14) Section 1175a(h)(1) is amended by striking
``qualities'' and inserting ``qualifies''.
(15) Section 1408(h)(2) is amended by striking ``and'' at
the end of subparagraph (A).
(16) The heading of section 1567 is amended to read as
follows:
``Sec. 1567. Duration of military protective orders''.
(17) The heading of section 1567a is amended to read as
follows:
``Sec. 1567a. Mandatory notification of issuance of military
protective order to civilian law
enforcement''.
(18) Section 2004a is amended--
(A) in subsection (b)(1), by striking ``pay grade 0-
3'' and inserting ``pay grade O-3''; and
(B) in subsection (i), by adding a period at the
end.
(19) Section 2127(e) is amended by striking ``of'' after
``an annual grant''.
(20) Section 2200a(e)(1) is amended by striking ``section
(b)'' and inserting ``subsection (b)''.
(21) The table of chapters at the beginning of part IV of
subtitle A is amended by striking ``2541'' in the item relating
to chapter 152 and inserting ``2551''.
(22) Section 2306c(h) is amended by striking ``section
2801(c)(2)'' and inserting ``section 2801(c)(4)''.
(23) Section 2333 is amended--
(A) in subsection (d)(1)(D)(ii), by striking
``indefinite delivery indefinite quantity'' and
inserting ``indefinite delivery-indefinite quantity'';
(B) in subsection (d)(2), by striking ``this Act''
and inserting ``the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2388)''; and
(C) in subsection (f)(3), by striking ``section
101(13)'' and inserting ``section 101(a)(13)''.
(24) Section 2401(f)(2) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2006'' and inserting ``January 6, 2006''.
[[Page 2474]]
123 STAT. 2474
(25) Section 2461(c)(3)(A) is amended by striking ``public
private competition'' both places it appears in the first
sentence and inserting ``public-private competition''.
(26) Section 2667(g)(1) is amended by striking ``law,'' and
all that follows through ``may'' and inserting ``law, the
Secretary concerned may''.
(27) Section 2684a(g)(2) is amended by striking ``the
following the following'' and inserting ``the following''.
(28) Section 2701(d)(5) is amended by striking ``6920)'' and
inserting ``9620)''.
(29) Sections 4348(f), 6959(f), and 9348(f) are amended by
striking ``section (a)'' and inserting ``subsection (a)''.
(30) The item relating to section 7317 in the table of
sections at the beginning of chapter 633 is amended by inserting
a period after ``thereof''.
(31) Section 7306b(b)(1) is amended by striking
``1802(14))'' and inserting ``1802(14)))''.
(32) The item relating to section 9515 in the table of
sections at the beginning of chapter 941 is transferred to
appear after the item relating to section 9514 in the table of
sections at the beginning of chapter 931.
(33) The item relating to chapter 1409 in the table of
chapters at the beginning of subtitle E is amended by striking
``Reserve-Active Status List'' and inserting ``Reserve Active-
Status List''.
(34) Section 12310(c)(1)(A) is amended by striking ``section
12304(i)(2) of this title'' and inserting ``section 1403 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2302(1))''.
(35) Section 12731(f)(2)(A) is amended by striking ``the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2008'' and inserting ``January 28, 2008''.
(36) Section 16163(e)(1) is amended by striking ``programs''
and inserting ``program''.
(b) Title 37, United States Code.--Section 308(a)(2)(A)(ii) of title
37, United States Code, is amended by striking the comma before the
period at the end.
(c) Duncan Hunter National Defense Authorization Act for Fiscal Year
2009. <> --Effective as of October 14, 2008, and
as if included therein as enacted, the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417) <> is amended as follows:
(1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 2710 note) is
amended by striking ``Secretary'' and inserting ``Secretary of
Defense''.
(2) Section 523(1) (122 Stat. 4446) <>
is amended by striking ``serving or'' and inserting ``serving in
or''.
(3) Section 616 (122 Stat. 4486) <> is amended by striking ``of title'' in subsections (b)
and (c) and inserting ``of such title''.
(4) Section 811(c)(6)(A)(iv)(I) (122 Stat. 4524) <