[111th Congress Public Law 84]
[From the U.S. Government Printing Office]

[[Page 2189]]

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

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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. <<NOTE: Oct. 28,
2009 - [H.R. 2647]>>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Defense
Authorization Act for Fiscal Year 2010.>> 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.

[[Page 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

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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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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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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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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.

[[Page 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.

[[Page 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.

[[Page 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.

[[Page 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 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 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

[[Page 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 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 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

[[Page 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 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

[[Page 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 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. <<NOTE: 10 USC 101 note.>> 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

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 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

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 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 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 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 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 <<NOTE: Effective date.>> 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 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) <<NOTE: 10 USC 7291 note.>> 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. <<NOTE: Deadlines. 10 USC 7291 note.>> 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 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.--
<<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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 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.-- <<NOTE: Plan.>> 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 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 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) <<NOTE: Notification.>> 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 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.--
<<NOTE: Deadline. Reports.>> 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 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. <<NOTE: Deadline.>> 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 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Certification.>> 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 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 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 <<NOTE: 10 USC 221 note.>> 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 <<NOTE: Deadline. Certification.>> 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

[[Page 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

Subtitle E--Other Matters

[[Page 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) <<NOTE: Certification.>> 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 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 <<NOTE: Repeal.>> 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 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) <<NOTE: Assessment.>> 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) <<NOTE: Certification.>> 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. <<NOTE: 10 USC 221 note.>> 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 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. <<NOTE: 10 USC 221 note.>> 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 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.-- <<NOTE: Deadline. Reports.>> 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. <<NOTE: 10 USC 221 note.>> 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 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 <<NOTE: Deadline. Contracts.>> 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 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 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 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) <<NOTE: Deadline.>> 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 123 STAT. 2234]]

does not allow a break in production of the Ground-based Interceptor
missile until the Secretary has--
(1) <<NOTE: Review.>> completed the Ballistic Missile
Defense Review;
(2) <<NOTE: Determination.>> 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) <<NOTE: Reports.>> 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.-- <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2431 note.>> LIMITATION ON AVAILABILITY
OF FUNDS FOR ACQUISITION OR DEPLOYMENT OF
MISSILE DEFENSES IN EUROPE.

No <<NOTE: Reports. Certification.>> 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 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) <<NOTE: Deadline. Contracts.>> 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 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 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 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 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 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 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 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 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. <<NOTE: 15 USC 3715 note.>> 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 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 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

[[Page 123 STAT. 2246]]

Sec. 318. Military munitions response sites.

Subtitle C--Workplace and Depot Issues

Subtitle D--Energy Security

Subtitle E--Reports

Subtitle F--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $31,263,332,000.
(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 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 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 123 STAT. 2249]]

SEC. 316. PROCUREMENT AND USE OF MUNITIONS.

The Secretary of Defense shall--
(1) <<NOTE: Methods.>> 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) <<NOTE: Review.>> undertake a review of live-fire
practices for the purpose of reducing unexploded ordnance and
munitions-constituent contamination without impeding military
readiness; and
(3) <<NOTE: Deadlines. Reports.>> 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. <<NOTE: 10 USC 2701 note.>> PROHIBITION ON DISPOSING OF
WASTE IN OPEN-AIR BURN PITS.

(a) Regulations.--
(1) In general.-- <<NOTE: Deadline. Determination.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods. Submission.>> 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 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) <<NOTE: 10 USC 2461 note.>> 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 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) <<NOTE: Determination.>> determines that the
competition is of such complexity that it cannot be completed
within 24 months; and
``(II) <<NOTE: Notification.>> 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 <<NOTE: Notice.>> the Secretary decides not to terminate a
competition, the Secretary shall submit to Congress written notice

[[Page 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) <<NOTE: Notice. Public information. Web posting.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: 10 USC 2461 note.>> 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) <<NOTE: Deadlines. Reports.>> 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 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) <<NOTE: 10 USC 4544
note.>> 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.-- <<NOTE: Time period.>> 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 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.--
<<NOTE: Deadline. Assessment. Reports.>> 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.-- <<NOTE: Federal Register,
publication.>> 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. <<NOTE: 31 USC 501 note.>> 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 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.-- <<NOTE: 31 USC 3551 note.>> 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. <<NOTE: 10 USC 2458 note.>> IMPROVEMENT OF INVENTORY
MANAGEMENT PRACTICES.

(a) Inventory Management Practices Improvement Plan Required.--
<<NOTE: Deadline.>> 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 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 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) <<NOTE: Determination.>> 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 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 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. <<NOTE: 10 USC 2911 note.>> ENERGY SECURITY ON
DEPARTMENT OF DEFENSE INSTALLATIONS.

(a) Plan for Energy Security Required.--
(1) In general.-- <<NOTE: Deadline.>> 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 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 <<NOTE: Reports.>> 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 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 <<NOTE: Contracts.>> 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 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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 771 note prec.>> 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 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) <<NOTE: Deadline.>> 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 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

Subtitle B--Reserve Forces

[[Page 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 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 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 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 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

[[Page 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

Subtitle D--Defense Dependents' Education

Subtitle E--Missing or Deceased Persons

[[Page 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

Subtitle H--Military Voting

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 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) <<NOTE: 10 USC 156 note.>> 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 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 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) <<NOTE: Time periods.>> 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 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) <<NOTE: Applicability.>> The exception in paragraph (1) does
apply to the position of Chief of the National Guard Bureau.

``(3) <<NOTE: Deadline. Notification.>> 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 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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Time periods.>> 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 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 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.-- <<NOTE: Deadline.>> 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 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 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) <<NOTE: Expiration date.>> 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) <<NOTE: Regulations.>> 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 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 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. <<NOTE: 10 USC 10101 note.>> 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.-- <<NOTE: Termination date.>> 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.-- <<NOTE: Termination
date.>> Until December 31, 2014, in the event of a suspension of
training (other than an anticipated suspension of training described in
subsection

[[Page 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 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 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 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 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.--
<<NOTE: Deadline. 10 USC 2016 note.>> 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 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) <<NOTE: 10 USC 4342 note.>> 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 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 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. <<NOTE: 10 USC 2001 note prec.>> 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 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 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 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 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 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 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 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.-- <<NOTE: Records.>> (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 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) <<NOTE: 10 USC 1509 note.>> 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 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) <<NOTE: 10 USC 1482 note.>> 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. <<NOTE: Deadline.>> --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 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) <<NOTE: 37 USC 411f note.>> 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 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) <<NOTE: President.>> 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.

[[Page 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. <<NOTE: 10 USC 1781 note.>> 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 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 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 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 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 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) <<NOTE: 10 USC 1781c note.>> 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 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. <<NOTE: 10 USC 1784 note.>> 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 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 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 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) <<NOTE: 29 USC 2611 note.>> 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 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) <<NOTE: 5 USC 6381 note.>> 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 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.-- <<NOTE: Deadline.>> 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.--
<<NOTE: Deadline. Reports.>> 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 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.-- <<NOTE: Deadline. Reports.>> 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) <<NOTE: 10 USC 113 note.>> 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.--
<<NOTE: Deadline. Reports.>> 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 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.-- <<NOTE: Review.>> 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 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 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 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-- <<NOTE: Military and Overseas Voter Empowerment
Act.>> Military Voting
SEC. 575. <<NOTE: 42 USC 1971 note.>> SHORT TITLE.

This subtitle may be cited as the ``Military and Overseas Voter
Empowerment Act''.

[[Page 123 STAT. 2319]]

SEC. 576. <<NOTE: 42 USC 1973ff-1 note.>> 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 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.-- <<NOTE: Public 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.-- <<NOTE: 42 USC 1973ff-1 note.>> 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 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.''.

[[Page 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) <<NOTE: Deadlines.>> 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.-- <<NOTE: Waiver authority.>> 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 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) <<NOTE: Deadlines.>> 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 123 STAT. 2324]]

(c) Effective Date.-- <<NOTE: 42 USC 1973ff-1 note.>> 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. <<NOTE: 42 USC 1973ff-2a.>> 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 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 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.-- <<NOTE: 42 USC 1973ff note.>> 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.-- <<NOTE: 42 USC 1973ff note.>> 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.--
<<NOTE: Deadline. Procedures.>> 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 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.''.

(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 123 STAT. 2328]]

``SEC. 103B. <<NOTE: 42 USC 1973ff-2b.>> 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.-- <<NOTE: 42 USC 1973ff note.>> 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.-- <<NOTE: Deadline.>> 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 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 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 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.-- <<NOTE: 42 USC 1973ff note.>> 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)-- <<NOTE: 42 USC 1973ff.>>
(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. <<NOTE: 42 USC 1973ff-4a.>> 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 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 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) <<NOTE: 42 USC 1973ff-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 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. <<NOTE: 42 USC 1973ff-7.>> 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 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 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 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.-- <<NOTE: 32 USC 509 note.>> 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 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 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. <<NOTE: 10 USC 1071 note.>> 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.-- <<NOTE: Deadline.>> 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 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 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.-- <<NOTE: Deadline.>> 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 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 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) <<NOTE: Reports.>> 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 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 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. <<NOTE: 10 USC 113 note.>> 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

[[Page 123 STAT. 2346]]

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

Subtitle D--Disability, Retired Pay, and Survivor Benefits

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

Subtitle F--Other Matters

[[Page 123 STAT. 2347]]

Subtitle A--Pay and Allowances

SEC. 601. <<NOTE: 37 USC 1009 note.>> 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. <<NOTE: Effective date.>> --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) <<NOTE: 37 USC 402a note.>> 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 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) <<NOTE: Criteria.>> 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 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) <<NOTE: Web posting.>> 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 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. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE
PROGRAM FOR CERTAIN PERIODS BEFORE
IMPLEMENTATION OF PROGRAM.

(a) In General. <<NOTE: Regulations.>> --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 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 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 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 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 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) <<NOTE: Definition.>> 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 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 123 STAT. 2357]]

by the member under section 206 of this title for inactive-duty
training.''.
SEC. 619. <<NOTE: 37 USC 352 note.>> 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. <<NOTE: 37 USC 301 note.>> 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. <<NOTE: Time period.>> --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 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. <<NOTE: 10 USC 503 note.>> 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 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 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 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 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) <<NOTE: 37 USC 411h note.>> 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. <<NOTE: Regulations.>> --
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 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) <<NOTE: 37 USC 411k note.>> 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 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 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. <<NOTE: Applicability.>> --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 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 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 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. <<NOTE: 10 USC 1401 note.>> 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. <<NOTE: Effective date.>> --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. <<NOTE: Contracts.>> 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 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) <<NOTE: 10 USC 2492a note.>> 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 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) <<NOTE: Notification.>> the member is notified of the
overpayment; and
``(ii) <<NOTE: Time periods.>> 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. <<NOTE: 37 USC 1007 note.>> --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 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 123 STAT. 2372]]

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Subtitle B--Health Care Administration

Subtitle C--Other Matters

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 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) <<NOTE: Time periods.>> 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 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). <<NOTE: Applicability.>> 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) <<NOTE: Procedures.>> 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 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 <<NOTE: 10 USC 1076e note.>> .--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 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) <<NOTE: Procedures.>> establish procedures for
identifying individuals described in subsection (b); and
``(B) <<NOTE: Consultation.>> 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. <<NOTE: 10 USC 1074f note.>> MENTAL HEALTH ASSESSMENTS
FOR MEMBERS OF THE ARMED FORCES DEPLOYED
IN CONNECTION WITH A CONTINGENCY
OPERATION.

(a) Mental Health Assessments.--
(1) In general. <<NOTE: Deadline. Guidance. Time
periods.>> --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 123 STAT. 2377]]

(C) <<NOTE: Deadline.>> 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 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. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE POLICY ON PAIN
MANAGEMENT BY THE MILITARY HEALTH CARE
SYSTEM.

(a) Comprehensive Policy Required. <<NOTE: Deadline.>> --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 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. <<NOTE: 10 USC 1074f note.>> 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. <<NOTE: Deadline.>> --Not later than October 1,
2010, the Secretary shall establish and implement a policy for the use
of

[[Page 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. <<NOTE: 10 USC 1073 note.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Determination.>> determine the cost avoidance or
savings resulting from innovative partnerships between the
Department of Defense and the private sector; and
(4) <<NOTE: Determination.>> 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 123 STAT. 2381]]

SEC. 714. <<NOTE: 10 USC 1071 note.>> PLAN TO INCREASE THE MENTAL
HEALTH CAPABILITIES OF THE DEPARTMENT OF
DEFENSE.

(a) Increased Authorizations. <<NOTE: Deadline.>> --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 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 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. <<NOTE: Deadline.>> --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 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. <<NOTE: Deadline. Assessment.>> --
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 123 STAT. 2385]]

Subtitle C--Other Matters

SEC. 721. <<NOTE: 10 USC 1071 note.>> 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 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 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. <<NOTE: 10 USC 1077 note.>> 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) <<NOTE: Review.>> 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 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.

[[Page 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 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 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 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 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. <<NOTE: Deadline.>> --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 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 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 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 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 123 STAT. 2398]]

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

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

Subtitle C--Contractor Matters

Subtitle D--Acquisition Workforce Matters

Subtitle E--Other Matters

[[Page 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 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 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 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. <<NOTE: 10 USC 2225 note.>> 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 123 STAT. 2403]]

(5) include the Secretary's recommendations for any
legislation that may be required to implement the new
acquisition process.
SEC. 805. <<NOTE: 10 USC 2302 note.>> LIFE-CYCLE MANAGEMENT AND
PRODUCT SUPPORT.

(a) Guidance on Life-cycle Management. <<NOTE: Deadline.>> --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) <<NOTE: 10 USC
1701 note.>> 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 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. <<NOTE: 10 USC 113 note.>> 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 123 STAT. 2405]]

(b) <<NOTE: Deadline.>> 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. <<NOTE: 41 USC 421 note.>> JUSTIFICATION AND APPROVAL OF
SOLE-SOURCE CONTRACTS.

(a) In General <<NOTE: Deadline.>> .--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.

[[Page 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. <<NOTE: 10 USC 2326 note.>> REVISION OF DEFENSE
SUPPLEMENT RELATING TO PAYMENT OF COSTS
PRIOR TO DEFINITIZATION.

(a) Revision Required. <<NOTE: Deadline.>> --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 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) <<NOTE: 8 USC 1157 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 2304a note.>> 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 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) <<NOTE: 10 USC 2445d note.>> 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 123 STAT. 2409]]

(1) Review. <<NOTE: Deadline. Determination.>> --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. <<NOTE: 10 USC 2302 note.>> 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.

[[Page 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. <<NOTE: 10 USC 2304 note.>> PUBLICATION OF NOTIFICATION
OF BUNDLING OF CONTRACTS OF THE DEPARTMENT
OF DEFENSE.

(a) Requirement to Publish Notification for Bundling.--A <<NOTE: Web
posting. Deadline. Determination.>> 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 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 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. <<NOTE: 10 USC 2302 note.>> 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.--
<<NOTE: Deadline. Guidance.>> 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 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 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 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 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) <<NOTE: 10 USC 1705 note.>> 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 123 STAT. 2417]]

of Defense, including recommended legislative or regulatory changes,
resulting from the review.
(e) <<NOTE: Deadlines.>> 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 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. <<NOTE: Definition.>> --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. <<NOTE: 50 USC app. 2093 note.>> 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 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 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) <<NOTE: 10 USC 2501
note.>> 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 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) <<NOTE: 15 USC 638 note.>> 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

Subtitle B--Space Activities

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

[[Page 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 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 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 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 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) <<NOTE: 10 USC 137a note.>> Delayed limitation on number
of deputy under secretaries of defense.-- <<NOTE: Effective
date.>> 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) <<NOTE: President.>> 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 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.'';

``136a. Principal Deputy Under Secretary of Defense for Personnel and
Readiness.'';

[[Page 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) <<NOTE: 10 USC 137a note.>> 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 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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 2272 note.>> 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 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 <<NOTE: Deadline. Determination.>> 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 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) <<NOTE: 10 USC 2274 note.>> 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. <<NOTE: President.>> --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. <<NOTE: President.>> --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 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.

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 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. <<NOTE: 10 USC 113 note.>> DEFENSE INTEGRATED MILITARY
HUMAN RESOURCES SYSTEM DEVELOPMENT AND
TRANSITION.

(a) In General. <<NOTE: Establishment.>> --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 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 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 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 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

Subtitle B--Counter-Drug Activities

Subtitle C--Naval Vessels and Shipyards

[[Page 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

Subtitle F--Other Matters

[[Page 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. <<NOTE: 10 USC 2222 note.>> 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 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 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 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 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. <<NOTE: Determination.>> --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 <<NOTE: Notice.>> 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 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 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 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 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. <<NOTE: Time period.>> --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 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) <<NOTE: 10 USC 2241a note.>> 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 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) <<NOTE: Consultation.>> 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 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. <<NOTE: 50 USC 401 note.>> CHARTER FOR THE NATIONAL
RECONNAISSANCE OFFICE.

<<NOTE: Deadline.>> 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. <<NOTE: President.>> --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 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. <<NOTE: Deadline.>> --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. <<NOTE: 10 USC 201 note.>> PROHIBITION ON INTERROGATION
OF DETAINEES BY CONTRACTOR PERSONNEL.

(a) Prohibition. <<NOTE: Effective date.>> --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 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. <<NOTE: Deadline.>> --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. <<NOTE: Time
periods. Determinations.>> --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. <<NOTE: Deadline.>> --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 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 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. <<NOTE: 10 USC 801 note.>> 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. <<NOTE: Time period.>> --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 123 STAT. 2455]]

of Defense to release into the United States, its territories, or
possessions, any individual described in subsection (e).

(b) Transfer Limitation. <<NOTE: Time period. Deadline.>> --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. <<NOTE: President.>> --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. <<NOTE: President.>> --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 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) <<NOTE: Notification. Deadline.>> The Inspector General shall
notify the Attorney General 7 days before issuing any subpoena under
this section.''.
SEC. 1043. <<NOTE: 10 USC 2353 note.>> LIMITATIONS ON
MODIFICATIONS OF CERTAIN GOVERNMENT
FURNISHED EQUIPMENT; ONE-TIME AUTHORITY
TO TRANSFER CERTAIN MILITARY PROTOTYPE.

(a) Limitation. <<NOTE: Certification.>> --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) <<NOTE: Pennsylvania.>> 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 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. <<NOTE: Contracts.>> --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 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. <<NOTE: Determination.>> --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. <<NOTE: Classified information.>> --
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 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 123 STAT. 2460]]

(1) Designation of executive agency. <<NOTE: President.>> --
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 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. <<NOTE: 50 USC 2371.>> 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 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. <<NOTE: Determination.>> --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) <<NOTE: Repeal.>> 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 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 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 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 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 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 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. <<NOTE: 10 USC 2302 note.>> 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 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. <<NOTE: 10 USC 113 note.>> 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 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 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. <<NOTE: Deadline. Review. 10 USC 2222
note.>> --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 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) <<NOTE: Plan.>> 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 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 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. <<NOTE: Effective date.>> --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) <<NOTE: 6
USC 121 note.>> 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) <<NOTE: 10 USC 662.>>
is amended by striking ``serving or'' and inserting ``serving in
or''.
(3) Section 616 (122 Stat. 4486) <<NOTE: 10 USC 2130a,
16201.>> 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) <<NOTE: 10
USC 2433.>> is amended by striking ``after of `the program' ''
and inserting ``after `of the program' ''.
(5) Section 813(d)(3) (122 Stat. 4527) <<NOTE: 10 USC 2302
note.>> is amended by striking ``each of subsections (c)(2)(A)
and (d)(2)'' and inserting ``subsection (c)(2)(A)''.
(6) Section 834(a)(2) (122 Stat. 4537) is amended by
inserting ``subchapter II of'' before ``chapter 87''.

[[Page 123 STAT. 2475]]

(7) <<NOTE: Repeal. 18 USC 3287.>> Section 855 (122 Stat.
4545) is repealed.
(8) Section 921(1) (122 Stat. 4573) <<NOTE: 50 USC 1521
note.>> is amended by striking ``subsections (f) and (g) as
subsections (g) and (h)'' and inserting ``subsections (f), (g),
and (h) as subsections (g), (h), and (i)''.
(9) Section 931(b)(5) (122 Stat. 4575) <<NOTE: 6 USC 121.>>
is amended--
(A) by striking ``Section 201(e)(2)'' and inserting
``Section 201(f)(2)(E)''; and
(B) by striking ``(6 U.S.C. 121(e)(2))'' and
inserting ``(6 U.S.C. 121(f)(2)(E))''.
(10) <<NOTE: Repeal. 10 USC 193, 201, 425, 431, 441, 443,
444, 2273, 2723.>> Section 932 (122 Stat. 4576) is repealed.
(11) Section 1059 (122 Stat. 4611) <<NOTE: 10 USC 113
note.>> is amended by striking ``Act of'' and inserting ``Act
for''.
(12) Section 1061(b)(3) (122 Stat. 4613) <<NOTE: 10 USC
1074g note.>> is amended by striking ``103'' and inserting
``188''.
(13) Section 2104(b) (122 Stat. 4664) is amended in the
matter preceding paragraph (1) by striking ``section 2401'' and
inserting ``section 2101''.
(14) Section 3508(b) (122 Stat. 4769) <<NOTE: 46 USC 53101,
54101.>> is amended to read as follows:

``(b) Conforming Amendment.--The chapter 541 of title 46, United
States Code, as inserted and amended by the amendments made by
subparagraphs (A) through (D) of section 3523(a)(6) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 599), <<NOTE: Repeal.>> is repealed.''.
(15) Section 3511(d) (122 Stat. 4770) <<NOTE: 46 USC
55314.>> is amended by inserting before the period the
following: ``, and by striking `calendar' and inserting `fiscal'
in the heading for paragraph (2)''.

(d) National Defense Authorization Act for Fiscal Year 2008.--
Section 1107(e)(1) of the National Defense Authorization Act for Fiscal
Year 2008 (Public 110-181; 10 U.S.C. 2358 note) is amended by striking
``Not later than'' and all that follows through ``subsection is
submitted,'' and inserting ``Not later than November 29, 2008, and not
later than March 1 of each year thereafter,''.
SEC. 1074. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION ON THE
STRATEGIC POSTURE OF THE UNITED STATES.

Section 1062(g) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 319) is amended by striking
``September 30, 2009'' and inserting ``December 31, 2009''.
SEC. 1075. COMBAT AIR FORCES RESTRUCTURING.

(a) Limitations Relating to Legacy Aircraft. <<NOTE: Deadline. Time
period. Reports. Applicability.>> --Until the expiration of the 30-day
period beginning on the date the Secretary of the Air Force submits a
report in accordance with subsection (b), the following provisions
apply:
(1) Prohibition on retirement of aircraft.--The Secretary of
the Air Force may not retire any fighter aircraft pursuant to
the Combat Air Forces restructuring plan announced by the
Secretary on May 18, 2009.
(2) Prohibition on personnel reassignments.--The Secretary
of the Air Force may not reassign any Air Force personnel
(whether on active duty or a member of a reserve component,
including the National Guard) associated with such restructuring
plan.

[[Page 123 STAT. 2476]]

(b) Report.--The report under subsection (a) shall be submitted to
the Committees on Armed Services of the House of Representatives and the
Senate and shall include the following information:
(1) A detailed plan of how the force structure and
capability gaps resulting from the retirement actions will be
addressed.
(2) An explanation of the assessment conducted of the
current threat environment and current capabilities.
(3) A description of the follow-on mission assignments for
each affected base.
(4) An explanation of the criteria used for selecting the
affected bases and the particular fighters chosen for
retirement.
(5) A description of the environmental analyses being
conducted.
(6) An identification of the reassignment and manpower
authorizations necessary for the Air Force personnel (both
active duty and reserve component) affected by the retirements
if such retirements are accomplished.
(7) A description of the funding needed in fiscal years 2010
through 2015 to cover operation and maintenance costs,
personnel, and aircraft procurement, if the restructuring plan
is not carried out.
(8) An estimate of the cost avoidance should the
restructuring plan more forward and a description of how such
funds would be invested during the future-years defense plan to
ensure the remaining fighter force achieves the desired service
life and is sufficiently modernized to outpace the threat.

(c) Exception for Certain Aircraft.--The prohibition in subsection
(a)(1) shall not apply to the five fighter aircraft scheduled for
retirement in fiscal year 2010, as announced when the budget for fiscal
year 2009 was submitted to Congress.
SEC. 1076. SENSE OF CONGRESS REGARDING CARRIER AIR WING FORCE
STRUCTURE.

(a) Findings.--Congress makes the following findings:
(1) Section 5062(b) of title 10, United States Code,
requires the Department of the Navy to maintain not less than 11
operational aircraft carriers.
(2) In repeated testimony before Congress, the Navy has
pledged its long-term commitment to naval combat forces that
include 11 operational aircraft carriers and 10 carrier air
wings, composed of 44 strike-fighter aircraft per wing.

(b) Sense of Congress.--It is the sense of Congress that--
(1) in addition to the forces described in section 5062(b)
of title 10, United States Code, the Navy should meet its
current requirement for 10 carrier air wings (even if the number
of aircraft carriers is temporarily reduced) that are comprised
of not less than 44 strike-fighter aircraft, in addition to any
other aircraft associated with the air wing; and
(2) the Congress and the Secretary of the Navy should take
all appropriate actions necessary to achieve the current
requirement for such carrier air wings until such time that
modifications to the carrier air wing 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.

[[Page 123 STAT. 2477]]

SEC. 1077. DEPARTMENT OF VETERANS AFFAIRS USE OF SERVICE DOGS FOR
THE TREATMENT OR REHABILITATION OF
VETERANS WITH PHYSICAL OR MENTAL
INJURIES OR DISABILITIES.

(a) Program Required. <<NOTE: Deadline. Study.>> --Not later than
270 days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall commence a three-year study to assess the
benefits, feasibility, and advisability of using service dogs for the
treatment or rehabilitation of veterans with physical or mental injuries
or disabilities, including post-traumatic stress disorder.

(b) Partnerships.--
(1) In general.--The Secretary shall carry out the study by
partnering with nonprofit 501(c)(3) organizations that--
(A) would not charge veterans who participate in the
study fees for the dogs, services, or lodging that they
provide; and
(B) are accredited by, or adhere to standards
comparable to those of, an accrediting organization with
demonstrated experience, national scope, and recognized
leadership and expertise in the training of service dogs
and education in the use of service dogs.
(2) Reimbursement of costs.--The Secretary shall reimburse
partners $10,000 for each dog provided to a veteran who enrolls
in the study and successfully completes a training program
offered by one of the partners.

(c) Participation.--
(1) In general.--As part of the study, the Secretary shall,
subject to paragraph (2), arrange for the provision of a service
dog to the greater of the following:
(A) 200 veterans.
(B) A sufficient number of such veterans to produce
scientifically valid results with respect to assessing
the benefits and costs of the use of such dogs for the
treatment or rehabilitation of such veterans.
(2) Number of veterans.--The Department of Veterans Affairs
may provide dogs to fewer than 200 veterans if, despite its
sustained and repeated efforts, it is unable to recruit 200
veterans to participate in the study referred to in subsection
(d).
(3) Eligible veterans.--A veteran is eligible to enroll and
participate in the study on an ongoing basis if:
(A) The veteran has physical disabilities (other
than blindness or hearing impairment) or mental injuries
or disabilities.
(B) A Department of Veterans Affairs provider
determines, based on clinical evaluation of efficacy,
that the veteran is an appropriate candidate for the
study and may potentially benefit from a service dog.
(C) The veteran agrees to successfully complete a
training program arranged by the Department of Veterans
Affairs and offered by a nonprofit 501(c)(3)
organization that is accredited by, or adheres to
standards comparable to those of, an accrediting
organization with demonstrated experience, national
scope, and recognized leadership and expertise in the
training of service dogs and education in the use of
service dogs.

[[Page 123 STAT. 2478]]

(4) Composition.--The Secretary shall ensure that at least
half of the participants in the study are veterans who suffer
primarily from a mental health injury or disability.
(5) Authorized benefits.--The Department of Veterans Affairs
will provide to a veteran participating in this study:
(A) Veterinary treatment to maintain the health of
the dog and keep it functioning in its prescribed role.
(B) Hardware required by the dog to perform its
tasks, and repairs to such hardware.
(C) Payments and allowances for travel incurred in
becoming adjusted to the service dogs, to be paid in the
same manner that payments and allowances are authorized
under section 111 of title 38, United States Code, and
its implementing regulations.
(6) Additional benefit for associated expenses.--As an
incentive for participation in the study, veterans participating
in the study will receive from the Department of Veterans
Affairs a monthly payment of $75 to offset costs associated with
the dog in addition to those identified in paragraph (5), such
as services not prescribed or performed by a veterinarian,
including but not limited to, license tags (if required), food,
grooming, nail trimming, boarding, and over-the-counter
medications.
(7) Option for ownership of, and responsibility for, the dog
after the completion of the study.--At the end of the study the
veteran will have the option of ownership of the dog. If the
veteran does not wish to retain the dog, the 501(c)(3)
organization that provided the dog will be responsible for
caring for or appropriately placing the dog. In any case after
completion of the study, or if and when the veteran chooses to
not participate in the study until completion, further
responsibility by the Department of Veterans Affairs for any
benefits in this provision will cease. Further, the Department
of Veterans Affairs' liability related to the dog will cease.

(d) Study.--The Secretary shall conduct a scientifically valid
research study of the costs and benefits associated with the use of
service dogs for the treatment or rehabilitation of veterans with
physical or mental injuries or disabilities. The matters studied shall
include the following:
(1) The therapeutic benefits to such veterans, including the
quality of life benefits reported by the veterans partaking in
the study.
(2) The economic benefits of using service dogs for the
treatment or rehabilitation of such veterans, including--
(A) savings on health care costs, including savings
related to reductions in hospitalization and reductions
in the use of prescription drugs; and
(B) productivity and employment gains for the
veterans.

(e) Reports.--
(1) Annual report of the secretary.--After each year of the
study, the Secretary shall submit to Congress a report on the
findings of the Secretary with respect to the study.
(2) Final report by the national academy of sciences.--Not
later than 180 days after the date of the completion of the
study, the National Academy of Sciences shall submit to Congress
a report on the results of the study.

[[Page 123 STAT. 2479]]

(f) Funding.--The study under this section is subject to the
availability of appropriations provided to the Department of Veterans
Affairs for such purpose.
SEC. 1078. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID ROCKET MOTOR
INDUSTRIAL BASE.

(a) In General. <<NOTE: Review.>> --The Secretary of Defense shall
review and establish a plan to sustain the solid rocket motor industrial
base, including the ability to maintain and sustain currently deployed
strategic and missile defense systems and to maintain an intellectual
and engineering capacity to support next generation rocket motors, as
needed.

(b) Submission of Plan.--Not later than June 1, 2010, the Secretary
of Defense shall submit to the congressional defense committees the plan
required under subsection (a).
SEC. 1079. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

It is the sense of Congress that the claims of American victims of
torture and hostage taking by the Government of Iraq during the regime
of Saddam Hussein that are subject to Presidential Determination Number
2008-9 of January 28, 2008, which waived application of section 1083 of
the National Defense Authorization Act for Fiscal Year 2008, should be
resolved by a prompt and fair settlement negotiated between the
Government of Iraq and the Government of the United States, taking note
of the provisions of H.R. 5167 of the 110th Congress, which was adopted
by the United States House of Representatives.
SEC. 1080. <<NOTE: 10 USC 801 note.>> REQUIREMENT FOR VIDEOTAPING
OR OTHERWISE ELECTRONICALLY RECORDING
STRATEGIC INTELLIGENCE INTERROGATIONS OF
PERSONS IN THE CUSTODY OF OR UNDER THE
EFFECTIVE CONTROL OF THE DEPARTMENT OF
DEFENSE.

(a) Videotaping or Other Electronic Recording Required.--In
accordance with the Army Field Manual on Human Intelligence Collector
Operations (FM 2-22.3, September 2006), or any successor thereto, and
the guidelines developed pursuant to subsection (f), the Secretary of
Defense shall ensure that each strategic intelligence interrogation of
any person who is in the custody or under the effective control of the
Department of Defense or under detention in a Department of Defense
facility is videotaped or otherwise electronically recorded.
(b) Classification of Information.--To protect United States
national security, the safety of the individuals conducting or assisting
in the conduct of a strategic intelligence interrogation, and the
privacy of persons described in subsection (a), the Secretary of Defense
shall provide for the appropriate classification of videotapes or other
electronic recordings made pursuant to subsection (a). The use of such
classified videotapes or other electronic recordings in proceedings
conducted under the Detainee Treatment Act of 2005 (title 14 of Public
Law 109-163 and title 10 of Public Law 109-148), the Military
Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public Law 109-366), as
amended by section 1802 of this Act, or at any other judicial or
administrative forum under any other provision of law shall be governed
by applicable rules, regulations, and laws that protect classified
information.

[[Page 123 STAT. 2480]]

(c) Strategic Intelligence Interrogation Defined.--For purposes of
this section, the term ``strategic intelligence interrogation'' means an
interrogation of a person described in subsection (a) conducted at a
theater-level detention facility.
(d) Exclusion.--Nothing in this section shall be construed as
requiring--
(1) any member of the Armed Forces engaged in direct combat
operations to videotape or otherwise electronically record an
interrogation of a person described in subsection (a); or
(2) the videotaping of or otherwise electronically recording
of tactical questioning, as such term is defined in the Army
Field Manual on Human Intelligence Collector Operations (FM 2-
22.3, September 2006), or any successor thereto.

(e) Waiver.--
(1) Waivers authorized.--The Secretary of Defense may, as an
exceptional measure, as part of a specific interrogation plan
for a specific person described in subsection (a), waive the
requirement in that subsection on a case-by-case basis for a
period not to exceed 30 days, if the Secretary--
(A) <<NOTE: Determination.>> makes a determination
in writing that such a waiver is necessary to the
national security interests of the United States; and
(B) <<NOTE: Deadline. Notice.>> by not later than
five days after the date on which such a determination
is made, submits to the Committees on Armed Services of
the Senate and House of Representatives, the House
Permanent Select Committee on Intelligence, and the
Senate Select Committee on Intelligence notice of that
determination, including a justification for that
determination.
(2) Suspensions authorized.--The Secretary may temporarily
suspend the requirement under subsection (a) at a specific
theater-level detention facility for a period not to exceed 30
days, if the Secretary--
(A) <<NOTE: Determination.>> makes a determination
in writing that such a suspension is vital to the
national security interests of the United States; and
(B) <<NOTE: Deadline. Notice.>> by not later than
five days after the date on which such a determination
is made, submits to the Committees on Armed Services of
the Senate and House of Representatives, the House
Permanent Select Committee on Intelligence, and the
Senate Select Committee on Intelligence notice of that
determination, including a justification for that
determination.
(3) Limitation on delegation of authority.--This authority
of the Secretary under this subsection may only be delegated as
follows:
(A) In the case of the authority under paragraph
(1), such authority may not be delegated below the level
of the combatant commander of the theater in which the
detention facility holding the person is located.
(B) In the case of the authority under paragraph
(2), such authority may not be delegated below the level
of the Deputy Secretary of Defense.
(4) Extensions.--The Secretary may extend a waiver under
paragraph (1) for one additional 30-day period, or a

[[Page 123 STAT. 2481]]

suspension under paragraph (2) for one additional 30-day period,
if--
(A) <<NOTE: Determination.>> the Secretary--
(i) in the case of such a waiver, makes a
determination in writing that such an extension is
necessary to the national security interests of
the United State; or
(ii) in the case of such a suspension, makes a
determination in writing that such an extension is
vital to the national security interests of the
United States; and
(B) <<NOTE: Deadline.>> by not later than five days
after the date on which such a determination is made,
the Secretary submits to the Committees on Armed
Services of the Senate and House of Representatives, the
House Permanent Select Committee on Intelligence, and
the Senate Select Committee on Intelligence notice of
that determination, including a justification for that
determination.

(f) Guidelines.--
(1) Development of guidelines.--The Secretary of Defense,
acting through the Judge Advocates General (as defined in
section 801(1) of title 10, United States Code, (Article 1 of
the Uniform Code of Military Justice)), shall develop and adopt
uniform guidelines for videotaping or otherwise electronically
recording strategic intelligence interrogations as required
under subsection (a). Such guidelines shall, at a minimum--
(A) promote full compliance with the laws of the
United States;
(B) promote the exploitation of intelligence;
(C) address the retention, maintenance, and
disposition of videotapes or other electronic
recordings, consistent with subparagraphs (A) and (B)
and with the interests of justice; and
(D) ensure the safety of all participants in the
interrogations.
(2) <<NOTE: Deadline. Reports.>> Submittal to congress.--
Not later than 30 days after the date of the enactment of this
section, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing the guidelines developed under paragraph (1).
Such report shall be in an unclassified form but may include a
classified annex.
SEC. 1081. MODIFICATION OF PILOT PROGRAM ON COMMERCIAL FEE-FOR-
SERVICE AIR REFUELING SUPPORT FOR THE
AIR FORCE.

Section 1081(a) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 335; 10 U.S.C. 2461
note) is amended by inserting before the period at the end of the first
sentence the following: ``, unless the Secretary of Defense submits
notification to the congressional defense committees that pursuing such
a program is not in the national interest''.
SEC. 1082. <<NOTE: 10 USC 2461 note.>> MULTIYEAR CONTRACTS UNDER
PILOT PROGRAM ON COMMERCIAL FEE-FOR-
SERVICE AIR REFUELING SUPPORT FOR THE
AIR FORCE.

(a) Multiyear Contracts Authorized.--The Secretary of the Air Force
may enter into one or more multiyear contracts, beginning with the
fiscal year 2011 program year, for purposes of conducting

[[Page 123 STAT. 2482]]

the pilot program on utilizing commercial fee-for-service air refueling
tanker aircraft for Air Force operations required by section 1081 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 335).
(b) Compliance With Law Applicable to Multiyear Contracts.--Any
contract entered into under subsection (a) shall be entered into in
accordance with the provisions of section 2306c of title 10, United
States Code, except that--
(1) the term of the contract may not be more than 8 years;
and
(2) notwithstanding section 2306c(b) of such title, the
authority under section 2306c(a) of such title shall apply to
the fee-for-service air refueling pilot program.

(c) Compliance With Law Applicable to Service Contracts.--A contract
entered into under subsection (a) shall be entered into in accordance
with the provisions of section 2401 of title 10, United States Code,
except that--
(1) the Secretary shall not be required to certify to the
congressional defense committees that the contract is the most
cost-effective means of obtaining commercial fee-for-service air
refueling tanker aircraft for Air Force operations; and
(2) the Secretary shall not be required to certify to the
congressional defense committees that there is no alternative
for meeting urgent operational requirements other than making
the contract.

(d) Limitation on Amount.--The amount of a contract under subsection
(a) may not exceed $999,999,999.
(e) Provision of Government Insurance.--A commercial air operator
contracting with the Department of Defense under the pilot program
referred to in subsection (a) shall be eligible to receive Government-
provided insurance pursuant to chapter 443 of title 49, United States
Code, if commercial insurance is unavailable on reasonable terms and
conditions.
SEC. 1083. DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT
WESTERN HEMISPHERE INSTITUTE FOR
SECURITY COOPERATION.

(a) Disclosure.--
(1) In general. <<NOTE: Public information.>> --The
Secretary of Defense shall release to the public, upon request,
the information described in paragraph (2) for each of fiscal
years 2009 and 2010.
(2) Content.--The information to be released under paragraph
(1) shall include, with respect to the fiscal year covered, the
entire name, including the first, middle, and surnames, with
respect to each student and instructor at the Western Hemisphere
Institute for Security Cooperation.

(b) Waiver.--The Secretary of Defense may waive the requirement
under subsection (a) if the Secretary determines it to be in the
national interest.
SEC. 1084. SENSE OF CONGRESS REGARDING THE WESTERN HEMISPHERE
INSTITUTE FOR SECURITY COOPERATION.

It is the sense of Congress that--
(1) the Western Hemisphere Institute for Security
Cooperation--

[[Page 123 STAT. 2483]]

(A) offers quality professional military bilingual
instruction for military officers and noncommissioned
officers that promotes democracy, subordination to
civilian authority, and respect for human rights; and
(B) is uniquely positioned to support the
modernization of Latin America security forces as they
work to transcend their own controversial pasts;
(2) the Western Hemisphere Institute for Security
Cooperation is building partner capacity which enhances regional
and global security while encouraging respect for human rights
and promoting democratic principles among eligible military
personnel, law enforcement officials, and civilians of nations
of the Western Hemisphere;
(3) the Western Hemisphere Institute for Security
Cooperation is an invaluable education and training facility the
curriculum of which is not duplicated in any of the military
departments and is not replaceable by professional military
education funded by appropriations for International Military
Education and Training, for which education is not conducted in
Spanish and does not concentrate on regional challenges; and
(4) the Western Hemisphere Institute for Security
Cooperation is an essential tool to educate future generations
of Latin American leaders and improve United States
relationships with partner nations that are working with the
United States to promote democracy, prosperity, and stability in
the Western Hemisphere.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--Personnel

Subtitle B--Provisions Relating to Reemployment of Annuitants

Sec. 1121. Authority to expand scope of provisions relating to unreduced
compensation for certain reemployed annuitants.

[[Page 123 STAT. 2484]]

Sec. 1122. Part-time reemployment.
Sec. 1123. Government Accountability Office report.

Subtitle A--Personnel

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

Section 802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended by adding at the end the following new
subsection:
``(k) Employment of Program Participants.--The Secretary of Defense,
the Secretary of Homeland Security, the Secretary of State, or the head
of a Federal agency or office identified by the Secretary of Defense
under subsection (g) as having national security responsibilities--
``(1) may, without regard to any provision of title 5
governing appointments in the competitive service, appoint to a
position that is identified under subsection (b)(2)(A)(i) as
having national security responsibilities, or to a position in
such Federal agency or office, in the excepted service an
individual who has successfully completed an academic program
for which a scholarship or fellowship under this section was
awarded and who, under the terms of the agreement for such
scholarship or fellowship, at the time of such appointment owes
a service commitment to such Department or such Federal agency
or office; and
``(2) may, upon satisfactory completion of two years of
substantially continuous service by an incumbent who was
appointed to an excepted service position under the authority of
paragraph (1), convert the appointment of such individual,
without competition, to a career or career conditional
appointment.''.
SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT OF DEFENSE OF
INDIVIDUALS WHO HAVE SUCCESSFULLY
COMPLETED THE REQUIREMENTS OF THE
SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE
SCHOLARSHIP PROGRAM.

(a) Authority for Employment.--Subsection (d) of section 2192a of
title 10, United States Code, is amended to read as follows:
``(d) Employment of Program Participants.--The Secretary of
Defense--
``(1) may, without regard to any provision of title 5
governing appointment of employees to competitive service
positions within the Department of Defense, appoint to a
position in the Department of Defense in the excepted service an
individual who has successfully completed an academic program
for which a scholarship or fellowship under this section was
awarded and who, under the terms of the agreement for such
scholarship or fellowship, at the time of such appointment, owes
a service commitment to the Department; and
``(2) may, upon satisfactory completion of 2 years of
substantially continuous service by an incumbent who was
appointed to an excepted service position under the authority of
paragraph (1), convert the appointment of such individual,
without competition, to a career or career conditional
appointment.''.

[[Page 123 STAT. 2485]]

(b) Conforming Amendment.--Subsection (c)(2) of such section is
amended by striking ``Except as provided in subsection (d), the'' in the
second sentence and inserting ``The''.
(c) Technical Amendments.--Subsection (f) of such section is
amended--
(1) by striking the first sentence; and
(2) by striking ``the authorities provided in such chapter''
and inserting ``the other authorities provided in this
chapter''.

(d) Repeal of Obsolete Provisions.--(1) Such section is further
amended by striking subsection (g) and by redesignating subsection (h)
as subsection (g).
(2) Subparagraph (B) of section 3304(a)(3) of title 5, United States
Code, is amended to read as follows:
``(B) the Office of Personnel Management has
determined that there exists a severe shortage of
candidates or that there is a critical hiring need.''.
SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVIDUALS WHO HAVE
SUCCESSFULLY COMPLETED THE DEPARTMENT OF
DEFENSE INFORMATION ASSURANCE
SCHOLARSHIP PROGRAM.

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

(b) Technical Amendment.--Subsection (a) of such section is amended
by striking ``subsection (g),'' and inserting ``subsection (f),''.
SEC. 1104. EXTENSION AND MODIFICATION OF EXPERIMENTAL PERSONNEL
MANAGEMENT PROGRAM FOR SCIENTIFIC AND
TECHNICAL PERSONNEL.

(a) Three-Year Extension.--Subsection (e)(1) of section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(5 U.S.C. 3104 note) is amended by striking ``September 30, 2011'' and
inserting ``September 30, 2014''.
(b) Limitations on Additional Payments.--Such section is further
amended--
(1) in subsection (b)(3), by striking ``under subsection
(d)(1)'' and inserting ``under subsection (d)''; and
(2) by striking subsection (d) and inserting the following:

``(d) Limitations on Additional Payments.--(1) Subject to paragraph
(3), the total amount of additional payments paid to

[[Page 123 STAT. 2486]]

an employee under subsection (b)(3) for any 12-month period may not
exceed the lesser of the following amounts:
``(A) $50,000 in fiscal year 2010, which may be adjusted
annually thereafter by the Secretary, with a percentage increase
equal to one-half of 1 percentage point less than the percentage
by which the Employment Cost Index, published quarterly by the
Bureau of Labor Statistics, for the base quarter of the year
before the preceding calendar year exceeds the Employment Cost
Index for the base quarter of the second year before the
preceding calendar year.
``(B) The amount equal to 50 percent of the employee's
annual rate of basic pay.

``(2) In paragraph (1), the term `base quarter' has the meaning
given that term in section 5302(3) of title 5, United States Code.
``(3) Notwithstanding any other provision of this section or section
5307 of title 5, United States Code, no additional payments may be paid
to an employee under subsection (b)(3) in any calendar year if, or to
the extent that, the employee's total annual compensation in such
calendar year will exceed the maximum amount of total annual
compensation payable at the salary set in accordance with section 104 of
title 3, United States Code.
``(4) An employee appointed under the program is not eligible for
any bonus, monetary award, or other monetary incentive for service under
the appointment other than payments authorized by this section.''.
(c) Reporting Requirements.--Paragraph (1) of subsection (g) of such
section is amended to read as follows:
``(1)(A) Not later than December 31 of each year in which
the authority under this section is in effect, the Secretary of
Defense shall submit to the committees of Congress specified in
subparagraph (B) a report on the operation of this section. Each
report shall cover the fiscal year that most recently ended
before such December 31.
``(B) The committees of Congress specified in this
subparagraph are--
``(i) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
``(ii) the Committee on Armed Services, the
Committee on Oversight and Government Reform, and the
Committee on Appropriations of the House of
Representatives.''.
SEC. 1105. <<NOTE: 10 USC 2358 note.>> MODIFICATION TO DEPARTMENT
OF DEFENSE LABORATORY PERSONNEL
AUTHORITY.

(a) Designation of Laboratories.--Each of the following is hereby
designated as a Department of Defense science and technology reinvention
laboratory (as described in section 342(b) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721), as amended by section 1114 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001):
(1) The Aviation and Missile Research Development and
Engineering Center.
(2) The Army Research Laboratory.
(3) The Medical Research and Materiel Command.
(4) The Engineer Research and Development Command.
(5) The Communications-Electronics Command.

[[Page 123 STAT. 2487]]

(6) The Soldier and Biological Chemical Command.
(7) The Naval Sea Systems Command Centers.
(8) The Naval Research Laboratory.
(9) The Office of Naval Research.
(10) The Air Force Research Laboratory.
(11) The Tank and Automotive Research Development and
Engineering Center.
(12) The Armament Research Development and Engineering
Center.
(13) The Naval Air Warfare Center, Weapons Division.
(14) The Naval Air Warfare Center, Aircraft Division.
(15) The Space and Naval Warfare Systems Center, Pacific.
(16) The Space and Naval Warfare Systems Center, Atlantic.
(17) The laboratories within the Army Research Development
and Engineering Command.

(b) Conversion Procedures.--The Secretary of Defense shall implement
procedures to convert the civilian personnel of each Department of
Defense science and technology reinvention laboratory, as so designated
by subsection (a), from the personnel system which applies as of the
date of the enactment of this Act to the personnel system under an
appropriate demonstration project (as referred to in such section
342(b)). Any conversion under this subsection--
(1) shall not adversely affect any employee with respect to
pay or any other term or condition of employment;
(2) shall be consistent with section 4703(f) of title 5,
United States Code;
(3) shall be completed within 18 months after the date of
the enactment of this Act; and
(4) shall not apply to prevailing rate employees (as defined
by section 5342(a)(2) of title 5, United States Code) or senior
executives (as defined by section 3132(a)(3) of such title).

(c) Limitation.--The science and technology reinvention
laboratories, as so designated by subsection (a), may not implement any
personnel system, other than a personnel system under an appropriate
demonstration project (as referred to in such section 342(b)), without
prior congressional authorization.
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.

(a) Extension of Authority.--Subsection (a) of section 1101 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615) is amended by striking ``calendar
year 2009,'' and inserting ``calendar years 2009 and 2010,''.
(b) Related Provision.--Subsection (b) of such section 1101 is
amended to read as follows:.
``(b) Applicability of Aggregate Limitation on Pay.--
``(1) In general.--Section 5307 of title 5, United States
Code, shall not apply to any employee in any calendar year in
which that employee is granted a waiver under subsection (a).

[[Page 123 STAT. 2488]]

``(2) Other limitations.--In the case of any employees who
(disregarding subparagraph (A)) would otherwise be subject to a
limitation on premium pay similar to one set forth in section
5547 of title 5, United States Code (as determined by the head
of the Executive agency in or under which such employees are
employed)--
``(A) the agency head may waive that otherwise
applicable limitation, to the same extent and in the
same manner as would be allowable under subsection (a)
if those employees were instead subject to such section
5547; and
``(B) if a waiver under subparagraph (A) is granted
with respect to such employees, then, neither section
5307 of title 5, United States Code, nor any other
similar limitation (as determined by the agency head)
shall apply with respect to such employees for purposes
of any calendar year for which such waiver is so
granted.''.
SEC. 1107. EXTENSION OF CERTAIN BENEFITS TO FEDERAL CIVILIAN
EMPLOYEES ON OFFICIAL DUTY IN PAKISTAN.

Section 1603(a)(2) of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234; 120 Stat. 443), as amended by section 1102 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616), is amended by inserting ``Pakistan
or'' after ``is on official duty in''.
SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE STRATEGIC
WORKFORCE PLANS.

(a) Codification of Requirement for Strategic Workforce Plan.--
(1) In general.--Chapter 2 of title 10, United States Code,
is amended by adding after section 115a the following new
section:
``Sec. 115b. Annual strategic workforce plan

``(a) Annual Plan Required.--(1) The Secretary of Defense shall
submit to the congressional defense committees on an annual basis a
strategic workforce plan to shape and improve the civilian employee
workforce of the Department of Defense.
``(2) The Under Secretary of Defense for Personnel and Readiness
shall have overall responsibility for developing and implementing the
strategic workforce plan, in consultation with the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
``(b) Contents.--Each strategic workforce plan under subsection (a)
shall include, at a minimum, the following:
``(1) An assessment of--
``(A) the critical skills and competencies that will
be needed in the future within the civilian employee
workforce by the Department of Defense to support
national security requirements and effectively manage
the Department during the seven-year period following
the year in which the plan is submitted;
``(B) the appropriate mix of military, civilian, and
contractor personnel capabilities;

[[Page 123 STAT. 2489]]

``(C) the critical skills and competencies of the
existing civilian employee workforce of the Department
and projected trends in that workforce based on expected
losses due to retirement and other attrition; and
``(D) gaps in the existing or projected civilian
employee workforce of the Department that should be
addressed to ensure that the Department has continued
access to the critical skills and competencies described
in subparagraphs (A) and (C).
``(2) A plan of action for developing and reshaping the
civilian employee workforce of the Department to address the
gaps in critical skills and competencies identified under
paragraph (1)(D), including--
``(A) specific recruiting and retention goals,
especially in areas identified as critical skills and
competencies under paragraph (1), including the program
objectives of the Department to be achieved through such
goals and the funding needed to achieve such goals;
``(B) specific strategies for developing, training,
deploying, compensating, and motivating the civilian
employee workforce of the Department, including the
program objectives of the Department to be achieved
through such strategies and the funding needed to
implement such strategies;
``(C) any incentives necessary to attract or retain
any civilian personnel possessing the skills and
competencies identified under paragraph (1);
``(D) any changes in the number of personnel
authorized in any category of personnel listed in
subsection (f)(1) or in the acquisition workforce that
may be needed to address such gaps and effectively meet
the needs of the Department;
``(E) any changes in resources or in the rates or
methods of pay for any category of personnel listed in
subsection (f)(1) or in the acquisition workforce that
may be needed to address inequities and ensure that the
Department has full access to appropriately qualified
personnel to address such gaps and meet the needs of the
Department; and
``(F) any legislative changes that may be necessary
to achieve the goals referred to in subparagraph (A).
``(3) An assessment, using results-oriented performance
measures, of the progress of the Department in implementing the
strategic workforce plan under this section during the previous
year.
``(4) Any additional matters the Secretary of Defense
considers necessary to address.

``(c) Senior Management, Functional, and Technical Workforce.--(1)
Each strategic workforce plan under subsection (a) shall include a
separate chapter to specifically address the shaping and improvement of
the senior management, functional, and technical workforce (including
scientists and engineers) of the Department of Defense.
``(2) For purposes of paragraph (1), each plan shall include, with
respect to such senior management, functional, and technical workforce--

[[Page 123 STAT. 2490]]

``(A) an assessment of the matters set forth in
subparagraphs (A) through (D) of subsection (b)(1);
``(B) a plan of action meeting the requirements set forth in
subparagraphs (A) through (F) of subsection (b)(2);
``(C) specific strategies for developing, training,
deploying, compensating, motivating, and designing career paths
and career opportunities; and
``(D) specific steps that the Department has taken or plans
to take to ensure that such workforce is managed in compliance
with the requirements of section 129 of this title.

``(d) Defense Acquisition Workforce.--(1) Each strategic workforce
plan under subsection (a) shall include a separate chapter to
specifically address the shaping and improvement of the defense
acquisition workforce, including both military and civilian personnel.
``(2) For purposes of paragraph (1), each plan shall include, with
respect to the defense acquisition workforce--
``(A) an assessment of the matters set forth in
subparagraphs (A) through (D) of subsection (b)(1);
``(B) a plan of action meeting the requirements set forth in
subparagraphs (A) through (F) of subsection (b)(2);
``(C) specific steps that the Department has taken or plans
to take to develop appropriate career paths for civilian
employees in the acquisition field and to implement the
requirements of section 1722a of this title with regard to
members of the armed forces in the acquisition field; and
``(D) a plan for funding needed improvements in the
acquisition workforce of the Department through the period of
the future-years defense program, including--
``(i) the funding programmed for defense acquisition
workforce improvements, including a specific
identification of funding provided in the Department of
Defense Acquisition Workforce Fund established under
section 1705 of this title, along with a description of
how such funding is being implemented and whether it is
being fully used; and
``(ii) a description of any continuing shortfalls in
funding available for the acquisition workforce.

``(e) Submittals by Secretaries of the Military Departments and
Heads of the Defense Agencies.-- <<NOTE: Reports.>> The Secretary of
Defense shall require the Secretary of each military department and the
head of each Defense Agency to submit a report to the Secretary
addressing each of the matters described in this section.
The <<NOTE: Deadline.>> Secretary of Defense shall establish a deadline
for the submittal of reports under this subsection that enables the
Secretary to consider the material submitted in a timely manner and
incorporate such material, as appropriate, into the strategic workforce
plan required by this section.

``(f) Definitions.--In this section:
``(1) The term `senior management, functional, and technical
workforce of the Department of Defense' includes the following
categories of Department of Defense civilian personnel:
``(A) Appointees in the Senior Executive Service
under section 3131 of title 5.
``(B) Persons serving in positions described in
section 5376(a) of title 5.

[[Page 123 STAT. 2491]]

``(C) Highly qualified experts appointed pursuant to
section 9903 of title 5.
``(D) Scientists and engineers appointed pursuant to
section 342(b) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721), as amended by section 1114 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398 (114 Stat.
1654A-315)).
``(E) Scientists and engineers appointed pursuant to
section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104
note).
``(F) Persons serving in the Defense Intelligence
Senior Executive Service under section 1606 of this
title.
``(G) Persons serving in Intelligence Senior Level
positions under section 1607 of this title.
``(2) The term `acquisition workforce' includes individuals
designated under section 1721 as filling acquisition
positions.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of such title is amended by inserting
after the item relating to section 115a the following new item:

``115b. Annual strategic workforce plan.''.

(b) Comptroller General Reports.--
(1) Report on strategic workforce plan.--Not later than 180
days after the date on which the Secretary of Defense submits to
the congressional defense committees an annual strategic
workforce plan under section 115b of title 10, United States
Code (as added by subsection (a)), in each of 2009, 2010, 2011,
and 2012, the Comptroller General of the United States shall
submit to the congressional defense committees a report on the
plan so submitted.
(2) Report on the training of acquisition and audit
personnel of the department of defense.--(A) Not later than one
year after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report setting forth an
assessment of the efficacy of Department of Defense training for
acquisition and audit personnel of the Department of Defense.
(B) The report required under subparagraph (A) shall address
the efficacy of training, the extent to which such training
reaches appropriate personnel, and the extent to which the
training recommendations of previous reviews (including the
recommendations of the Commission on Army Acquisition and
Program Management in Expeditionary Operations) have been
implemented.

(c) Conforming Repeals.--The following provisions are repealed:
(1) Section 1122 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10
U.S.C. note prec. <<NOTE: 10 USC 1580 note prec.>> 1580).
(2) Section 1102 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2407).

[[Page 123 STAT. 2492]]

(3) Section 851 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10
U.S.C. note prec. 1580).
SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND REQUIREMENT
FOR ANNUAL MANPOWER REPORTING.

(a) Amendments.--Section 1111 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4619) <<NOTE: 10 USC 143 note.>> is amended--
(1) in subsection (b), by striking ``for four'';
(2) in paragraph (1) of subsection (b), by striking
``requirements of--'' and all that follows through the end of
subparagraph (C) and inserting ``the requirements of section
115b of this title; or'';
(3) in paragraph (2) of subsection (b), by striking
``purpose described in paragraphs (1) through (4) of subsection
(c).'' and inserting the following:
``any of the following purposes:
``(A) Performance of inherently governmental
functions.
``(B) Performance of work pursuant to section 2463
of title 10, United States Code.
``(C) Ability to maintain sufficient organic
expertise and technical capability.
``(D) Performance of work that, while the position
may not exercise an inherently governmental function,
nevertheless should be performed only by officers or
employees of the Federal Government or members of the
Armed Forces because of the critical nature of the
work.''; and
(4) by striking subsections (c) and (d).

(b) Consolidated Annual Report.--
(1) Inclusion in annual defense manpower requirements
report.--Section 115a of title 10, United States Code, is
amended by inserting after subsection (e) the following new
subsection:

``(f) The Secretary shall also include in each such report the
following information with respect to personnel assigned to or
supporting major Department of Defense headquarters activities:
``(1) The military end strength and civilian full-time
equivalents assigned to major Department of Defense headquarters
activities for the preceding fiscal year and estimates of such
numbers for the current fiscal year and subsequent fiscal years.
``(2) A summary of the replacement during the preceding
fiscal year of contract workyears providing support to major
Department of Defense headquarters activities with military end
strength or civilian full-time equivalents, including an
estimate of the number of contract workyears associated with the
replacement of contracts performing inherently governmental or
exempt functions.
``(3) The plan for the continued review of contract
personnel supporting major Department of Defense headquarters
activities for possible conversion to military or civilian
performance in accordance with section 2463 of this title.
``(4) The amount of any adjustment in the limitation on
personnel made by the Secretary of Defense or the Secretary of a
military department, and, for each adjustment made pursuant to
section 1111(b)(2) of the Duncan Hunter National

[[Page 123 STAT. 2493]]

Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 143
note), the purpose of the adjustment.''.
(2) Technical amendments to reflect name of report.--
(A) Subsection (a) of section 115a of such title is
amended by inserting ``defense'' before ``manpower
requirements report.''.
(B)(i) The heading of such section is amended to
read as follows:
``Sec. 115a. Annual defense manpower requirements report''.
(ii) The item relating to such section in the
table of sections at the beginning of chapter 2 of
such title is amended to read as follows:

``115a. Annual defense manpower requirements report.''.

(3) Conforming repeal.--Subsections (b) and (c) of section
901 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 272; 10 U.S.C. 221 note) are
repealed.
SEC. 1110. <<NOTE: 5 USC 3702 note.>> PILOT PROGRAM FOR THE
TEMPORARY EXCHANGE OF INFORMATION
TECHNOLOGY PERSONNEL.

(a) Assignment Authority.--The Secretary of Defense may, with the
agreement of the private sector organization concerned, arrange for the
temporary assignment of an employee to such private sector organization,
or from such private sector organization to a Department of Defense
organization under this section. An employee shall be eligible for such
an assignment only if--
(1) the employee--
(A) works in the field of information technology
management;
(B) is considered by the Secretary of Defense to be
an exceptional employee;
(C) is expected to assume increased information
technology management responsibilities in the future;
and
(D) is compensated at not less than the GS-11 level
(or the equivalent); and
(2) the proposed assignment meets applicable requirements of
section 209(b) of the E-Government Act of 2002 (44 U.S.C. 3501
note).

(b) Agreements.--The Secretary of Defense shall provide for a
written agreement among the Department of Defense, the private sector
organization, and the employee concerned regarding the terms and
conditions of the employee's assignment under this section. The
agreement--
(1) shall require that employees of the Department of
Defense, upon completion of the assignment, will serve in the
civil service for a period equal to the length of the
assignment; and
(2) shall provide that if the employee of the Department of
Defense or of the private sector organization (as the case may
be) fails to carry out the agreement, such employee shall be
liable to the United States for payment of all expenses of the
assignment, unless that failure was for good and sufficient
reason, as determined by the Secretary of Defense.

[[Page 123 STAT. 2494]]

An amount for which an employee is liable under paragraph (2) shall be
treated as a debt due the United States.
(c) Termination.--An assignment under this section may, at any time
and for any reason, be terminated by the Department of Defense or the
private sector organization concerned.
(d) Duration.--An assignment under this section shall be for a
period of not less than 3 months and not more than 1 year, and may be
extended in 3-month increments for a total of not more than 1 additional
year; however, no assignment under this section may commence after
September 30, 2013.
(e) Terms and Conditions for Private Sector Employees.--An employee
of a private sector organization who is assigned to a Department of
Defense organization under this section--
(1) may continue to receive pay and benefits from the
private sector organization from which such employee is
assigned;
(2) is deemed to be an employee of the Department of Defense
for the purposes of--
(A) chapter 73 of title 5, United States Code;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606,
607, 643, 654, 1905, and 1913 of title 18, United States
Code;
(C) sections 1343, 1344, and 1349(b) of title 31,
United States Code;
(D) the Federal Tort Claims Act and any other
Federal tort liability statute;
(E) the Ethics in Government Act of 1978;
(F) section 1043 of the Internal Revenue Code of
1986; and
(G) section 27 of the Office of Federal Procurement
Policy Act; and
(3) may not have access to any trade secrets or to any other
nonpublic information which is of commercial value to the
private sector organization from which such employee is
assigned.

(f) Prohibition Against Charging Certain Costs to the Federal
Government.--A private sector organization may not charge the Department
of Defense or any other agency of the Federal Government, as direct or
indirect costs under a Federal contract, the costs of pay or benefits
paid by the organization to an employee assigned to a Department of
Defense organization under this section for the period of the
assignment.
(g) Considerations.--In carrying out this section, the Secretary of
Defense--
(1) shall ensure that, of the assignments made under this
section each year, at least 20 percent are from small business
concerns (as defined by section 3703(e)(2)(A) of title 5, United
States Code); and
(2) shall take into consideration the question of how
assignments under this section might best be used to help meet
the needs of the Department of Defense with respect to the
training of employees in information technology management.

(h) Numerical Limitation.--In no event may more than 10 employees be
participating in assignments under this section at any given time.

[[Page 123 STAT. 2495]]

(i) Reporting Requirement.--For each of fiscal years 2010 through
2015, the Secretary of Defense shall submit to the congressional defense
committees, not later than 1 month after the end of the fiscal year
involved, a report on any activities carried out under this section
during such fiscal year, including information concerning--
(1) the respective organizations (as referred to in
subsection (a)) to and from which any employee was assigned
under this section;
(2) the positions those employees held while they were so
assigned;
(3) a description of the tasks they performed while they
were so assigned; and
(4) a discussion of any actions that might be taken to
improve the effectiveness of the program under this section,
including any proposed changes in law.

(j) Repeal of Superseded Section.--Section 1109 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 358) <<NOTE: 5 USC 3702 note.>> is repealed, except that--
(1) nothing in this subsection shall, in the case of any
assignment commencing under such section 1109 on or before the
date of the enactment of this Act, affect--
(A) the duration of such assignment or the authority
to extend such assignment in accordance with subsection
(d) of such section 1109, as last in effect; or
(B) the terms or conditions of the agreement
governing such assignment, including with respect to any
service obligation under subsection (b) thereof; and
(2) any employee whose assignment is allowed to continue by
virtue of paragraph (1) shall be taken into account for purposes
of--
(A) the numerical limitation under subsection (h);
and
(B) the reporting requirement under subsection (i).
SEC. 1111. <<NOTE: 10 USC 1580 note prec.>> AVAILABILITY OF FUNDS
FOR COMPENSATION OF CERTAIN CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

(a) Availability of Funds.--Funds authorized to be appropriated for
the Department of Defense that are available for the purchase of
contract services to meet a requirement that is anticipated to continue
for five years or more shall be available to provide compensation for
civilian employees of the Department to meet the same requirement.
(b) Regulations.-- <<NOTE: Deadline.>> Not later than 120 days after
the date of the enactment of this Act, the Secretary shall prescribe
regulations implementing the authority in subsection (a). Such
regulations--
(1) shall ensure that the authority in subsection (a) is
utilized to build government capabilities that are needed to
perform inherently governmental functions, functions closely
associated with inherently governmental functions, and other
critical functions;
(2) shall include a mechanism to ensure that follow-on
funding to provide compensation for civilian employees of the
Department to perform functions described in paragraph (1) is
provided from appropriate accounts; and
(3) may establish additional criteria and levels of approval
within the Department for the utilization of funds to provide

[[Page 123 STAT. 2496]]

compensation for civilian employees of the Department pursuant
to subsection (a).

(c) Annual Report.--Not later than 60 days after the end of each
fiscal year for which the authority in subsection (a) is in effect, the
Secretary shall submit to the congressional defense committees a report
on the use of such authority. Each report shall cover the preceding
fiscal year and shall identify, at a minimum, the following:
(1) The amount of funds used under the authority in
subsection (a) to provide compensation for civilian employees.
(2) The source or sources of the funds so used.
(3) The number of civilian employees employed through the
use of such funds.
(4) The actions taken by the Secretary to ensure that
follow-on funding for such civilian employees is provided
through appropriate accounts.

(d) Temporary Authority.-- <<NOTE: Applicability.>> The authority in
subsection (a) shall apply to funds authorized to be appropriated for
the Department of Defense for fiscal years 2010 through 2019.
SEC. 1112. <<NOTE: 10 USC 1580 note prec.>> DEPARTMENT OF DEFENSE
CIVILIAN LEADERSHIP PROGRAM.

(a) Leadership Program Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall establish a program of leadership recruitment and
development for civilian employees of the Department of Defense,
to be known as the ``Department of Defense Civilian Leadership
Program'' (in this section referred to as the ``program'').
(2) Objectives.--The objectives of the program shall be as
follows:
(A) To develop a new generation of civilian leaders
for the Department of Defense.
(B) To recruit individuals with the academic merit,
work experience, and demonstrated leadership skills to
meet the future needs of the Department.
(C) To offer rapid advancement, competitive
compensation, and leadership opportunities to highly
qualified civilian employees of the Department.
(3) Available authorities.--In carrying out the program, the
Secretary may exercise any authority available to the Office of
Personnel Management under section 4703 of title 5, United
States Code, except that the Secretary shall not be bound by the
limitations in subsection (d) of such section. Nothing in this
section shall be construed to authorize the waiver of any part
of chapter 71 of title 5, United States Code, or any regulation
implementing such chapter, in the carrying out of the program.

(b) Eligible Individuals.--
(1) In general.--The following individuals shall be eligible
to participate in the program:
(A) Current employees of the Department of Defense.
(B) Appropriate individuals in the private sector.
(2) Limitation on number of participants in program.--The
total number of individuals who may participate in the program
in any fiscal year may not exceed 5,000.

[[Page 123 STAT. 2497]]

(3) Limitation on period of participation in program.--The
maximum period of time that an individual may participate in the
program is three years.

(c) Elements of Program.--
(1) Competitive entry.--The selection of individuals for
entry into the program shall be made on the basis of a
competition conducted at least
twice <<NOTE: Determination.>> each year. In each competition,
participants in the program shall be selected from among
applicants determined by the Secretary to be the most highly
qualified in terms of academic merit, work experience, and
demonstrated leadership skills. Each competition shall provide
for entry-level participants and midcareer participants in the
program.
(2) Allocation of positions.--The Secretary shall allocate
positions in the program among the components of the Department
of Defense that--
(A) offer the most challenging assignments;
(B) provide the greatest level of responsibility;
and
(C) demonstrate the greatest need for participants
in the program.
(3) Assignments to positions.--Participants in the program
shall be assigned to components of the Department that best
match their skills and qualifications. Participants in the
program may be rotated among components of the Department of
Defense at the discretion of the Secretary.
(4) Initial compensation.-- <<NOTE: Determination.>> The
initial compensation of participants in the program shall be
determined by the Secretary based on the qualifications of such
participants and applicable market conditions.
(5) Education and training.--The Secretary shall provide
participants in the program with training, mentoring, and
educational opportunities that are appropriate to facilitate the
development of such participants into effective civilian leaders
for the Department of Defense.
(6) Objective, merit-based principles for personnel
decisions.-- <<NOTE: Regulations.>> The Secretary shall make
personnel decisions under the program in accordance with such
objective, merit-based criteria as the Secretary shall prescribe
in regulations for purposes of the program. Such criteria shall
include, but not be limited to, criteria applicable to the
following:
(A) The selection of individuals for entry into the
program.
(B) The assignment of participants in the program to
positions in the Department of Defense.
(C) The initial compensation of participants in the
program.
(D) The access of participants in the program to
training, mentoring, and educational opportunities under
the program.
(E) The consideration of participants in the program
for selection into the senior management, functional,
and technical workforce of the Department.
(7) Consideration for senior management, functional, and
technical workforce.-- <<NOTE: Determination.>> Any participant
in the program who, as determined by the Secretary, demonstrates
outstanding performance shall be afforded priority in
consideration for selection into the appropriate element of the
senior management,

[[Page 123 STAT. 2498]]

functional, and technical workforce of the Department of Defense
(as defined in section 115b(f) of title 10, United States Code).
SEC. 1113. PROVISIONS RELATING TO THE NATIONAL SECURITY PERSONNEL
SYSTEM.

(a) Definitions.-- <<NOTE: 5 USC 9902 note.>> For purposes of this
section--
(1) the term ``National Security Personnel System'' or
``NSPS'' refers to a human resources management system
established under authority of section 9902 of title 5, United
States Code (as in effect before the date of the enactment of
this Act); and
(2) the term ``statutory pay system'' means a pay system
under--
(A) subchapter III of chapter 53 of title 5, United
States Code (relating to General Schedule pay rates); or
(B) such other provisions of law as would apply if
section 9902 of title 5, United States Code, had never
been enacted.

(b) Repeal of Provisions Relating to NSPS.--
(1) In general.--Section 9902 of title 5, United States
Code, is amended--
(A) by striking subsections (a), (b), (c), (d), (e),
(i) and (j); and
(B) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
(2) Expansion prohibited.-- <<NOTE: Effective date.>> The
National Security Personnel System may not be extended to any
organizational or functional unit of the Department of Defense
(or any component thereof) not included in such System as of
March 1, 2009.
(3) Current rules invalid.--Any regulations in effect as of
the day before the date of the enactment of this Act which were
issued pursuant to any provision of law repealed by paragraph
(1)(A)--
(A) may not be modified on or after the date of the
enactment of this Act, except as necessary to implement
this Act; and
(B) <<NOTE: Termination date.>> shall cease to be
effective as of January 1, 2012.

(c) Termination of NSPS and Conversion of Employees and Positions.--
(1) In general.-- <<NOTE: Deadlines.>> The Secretary of
Defense shall take all actions which may be necessary to
provide, beginning no later than 6 months after the date of
enactment of this Act, for the orderly termination of the
National Security Personnel System and conversion of all
employees and positions from such System, by not later than
January 1, 2012, to--
(A) the statutory pay system and all other aspects
of the personnel system that last applied to such
employee or position (as the case may be) before the
National Security Personnel System applied; or
(B) if subparagraph (A) does not apply, the
statutory pay system and all other aspects of the
personnel system that would have applied if the National
Security Personnel System had never been established.
No employee shall suffer any loss of or decrease in pay because
of the preceding sentence, and, for purposes of carrying out
such preceding sentence, any determination of the system that

[[Page 123 STAT. 2499]]

last applied (or that would have applied) with respect to an
employee or position shall take into account any modifications
to such system pursuant to the provisions of subsections (a) and
(b) of section 9902 of title 5, United States Code, as amended
by subsection (d).
(2) Transition period appointments.--To the extent
practicable, any individual who, during the NSPS transition
period, is appointed to any position within the Department of
Defense which is subject to the NSPS shall be subject to the
statutory pay system and all other aspects of the personnel
system to which such individual or position is to be converted
in accordance with the requirements of paragraph (1).
(3) Temporary continuation of nsps.--
<<NOTE: Applicability.>> Notwithstanding any other provision of
this section, the National Security Personnel System, as in
effect on the day before the date of the enactment of this Act,
shall continue to apply with respect to any employees and
positions remaining subject to the NSPS, in accordance with
paragraph (1), during the NSPS transition period.
(4) Restoration of full annual pay adjustments under nsps
pending its termination.--
<<NOTE: Applicability.>> Notwithstanding subsection (b)(1)(A),
section 9902(e)(7) of title 5, United States Code, to the extent
that it remains in force under paragraph (3), shall be applied
by substituting ``100 percent'' for ``no less than 60 percent''.
(5) NSPS transition period defined.--For purposes of this
subsection, the term ``NSPS transition period'' means the period
beginning on the date of the enactment of this Act and ending on
January 1, 2012.

(d) Authority Relating to Performance Management and Workforce
Incentives, Hiring Flexibilities, and Training of Supervisors.--Section
9902 of title 5, United States Code, as amended by subsection (b)(1), is
further amended by inserting before subsection (e) (as so redesignated
by subsection (b)(1)(B)) the following:
``(a) Performance Management and Workforce Incentives.--
(1) <<NOTE: Regulations.>> The Secretary, in coordination with the
Director, shall promulgate regulations providing for the following:
``(A) A fair, credible, and transparent performance
appraisal system for employees.
``(B) A fair, credible, and transparent system for linking
employee bonuses and other performance-based actions to
performance appraisals of employees.
``(C) A process for ensuring ongoing performance feedback
and dialogue among supervisors, managers, and employees
throughout the appraisal period and setting timetables for
review.
``(D) Development of `performance assistance plans' that are
designed to give employees formal training, on-the-job training,
counseling, mentoring, and other assistance.

``(2) <<NOTE: Waiver authority.>> In developing the regulations
required by this subsection, the Secretary, in coordination with the
Director, may waive the requirements of chapters 43 (other than sections
4302 and 4303(e)) and the regulations implementing such chapters, to the
extent necessary to achieve the objectives of this subsection.

[[Page 123 STAT. 2500]]

``(3)(A) The Secretary may establish a fund, to be known as the
`Department of Defense Civilian Workforce Incentive Fund' (in this
paragraph referred to as the `Fund').
``(B) The Fund shall consist of the following:
``(i) Amounts appropriated to the Fund.
``(ii) Amounts available for compensation of employees that
are transferred to the Fund.

``(C) Amounts in the Fund shall be available for the following:
``(i) Incentive payments for employees based on team or
individual performance (which payments shall be in addition to
basic pay).
``(ii) Incentive payments to attract or retain employees
with particular or superior qualifications or abilities.

``(D) The authority provided in this paragraph is in addition to,
and does not supersede or replace, any authority or source of funding
otherwise available to the Secretary to pay bonuses or make incentive
payments to civilian employees of the Department.
``(4)(A) Any action taken by the Secretary under this subsection, or
to implement this subsection, shall be subject to the requirements of
subsection (c) and chapter 71.
``(B) Any rules or regulations promulgated pursuant to this
subsection shall be deemed an agency rule or regulation under section
7117(a)(2), and shall not be deemed a Government-wide rule or regulation
under section 7117(a)(1).
``(b) Flexibilities Relating to Appointments.--
<<NOTE: Regulations.>> (1) The Secretary, in coordination with the
Director, shall promulgate regulations to redesign the procedures which
are applied by the Department of Defense in making appointments to
positions within the competitive service in order to--
``(A) better meet mission needs;
``(B) respond to managers' needs and the needs of
applicants;
``(C) produce high-quality applicants;
``(D) support timely decisions;
``(E) uphold appointments based on merit system principles;
and
``(F) promote competitive job offers.

``(2) <<NOTE: Waiver authority.>> In redesigning the process by
which such appointments shall be made, the Secretary, in coordination
with the Director, may waive the requirements of chapter 33, and the
regulations implementing such chapter, to the extent necessary to
achieve the objectives of this section, while providing for the
following:
``(A) Fair, credible, and transparent methods of
establishing qualification requirements for, recruitment for,
and appointments to positions.
``(B) Fair and open competition and equitable treatment in
the consideration and selection of individuals to positions.
``(C) Fair, credible, and transparent methods of assigning,
reassigning, detailing, transferring, or promoting employees.

``(3) In implementing this subsection, the Secretary shall comply
with the provisions of section 2302(b)(11), regarding veterans'
preference requirements, in a manner consistent with that in which such
provisions are applied under chapter 33.
``(4)(A) Any action taken by the Secretary under this subsection, or
to implement this subsection, shall be subject to the requirements of
subsection (c) and chapter 71.

[[Page 123 STAT. 2501]]

``(B) Any rules or regulations promulgated pursuant to this section
shall be deemed an agency rule or regulation under section 7117(a)(2),
and shall not be deemed a Government-wide rule or regulation under
section 7117(a)(1).
``(c) Criteria for Use of New Personnel Authorities.--In
establishing any new performance management and workforce incentive
system under subsection (a) or utilizing appointment flexibilities under
subsection (b), the Secretary shall--
``(1) adhere to merit principles set forth in section 2301;
``(2) include a means for ensuring employee involvement (for
bargaining unit employees, through their exclusive
representatives) in the design and implementation of such
system;
``(3) provide for adequate training and retraining for
supervisors, managers, and employees in the implementation and
operation of such system;
``(4) develop--
``(A) a comprehensive management succession program
to provide training to employees to develop managers for
the agency; and
``(B) a program to provide training to supervisors
on actions, options, and strategies a supervisor may use
in administering such system;
``(5) include effective transparency and accountability
measures and safeguards to ensure that the management of such
system is fair, credible, and equitable, including appropriate
independent reasonableness reviews, internal assessments, and
employee surveys;
``(6) utilize the annual strategic workforce plan, required
by section 115b of title 10; and
``(7) ensure that adequate agency resources are allocated
for the design, implementation, and administration of such
system.

``(d) Development of Training Program for Supervisors.--(1) The
Secretary shall develop--
``(A) a program to provide training to supervisors on use of
the new authorities provided in this section, including the
actions, options, and strategies a supervisor may use in--
``(i) developing and discussing relevant goals and
objectives with the employee, communicating and
discussing progress relative to performance goals and
objectives, and conducting performance appraisals;
``(ii) mentoring and motivating employees, and
improving employee performance and productivity;
``(iii) fostering a work environment characterized
by fairness, respect, equal opportunity, and attention
to the quality of the work of employees;
``(iv) effectively managing employees with
unacceptable performance;
``(v) addressing reports of a hostile work
environment, reprisal, or harassment of or by another
supervisor or employee; and
``(vi) otherwise carrying out the duties and
responsibilities of a supervisor;
``(B) a program to provide training to supervisors on the
prohibited personnel practices under section 2302 (particularly
with respect to such practices described under subsections
(b)(1) and (b)(8) of such section), employee collective
bargaining and

[[Page 123 STAT. 2502]]

union participation rights, and the procedures and processes
used to enforce employee rights; and
``(C) a program under which experienced supervisors mentor
new supervisors by--
``(i) sharing knowledge and advice in areas such as
communication, critical thinking, responsibility,
flexibility, motivating employees, teamwork, leadership,
and professional development; and
``(ii) pointing out strengths and areas for
development.

``(2) <<NOTE: Deadline.>> Each supervisor shall be required to
complete a program at least once every 3 years.''.

(e) Reports.-- <<NOTE: Plans.>> The Secretary of Defense shall
provide a report to the covered committees (as defined by subsection
(g)(6))--
(1) no later than 6 months after the date of enactment of
this Act, on the initial steps being taken to reclassify
positions from the NSPS and the initial conversion plan to begin
converting employees from the NSPS, which information shall be
supplemented by reports describing the progress of the
conversion process which shall be submitted to the same
committees on a semiannual basis;
(2) <<NOTE: Effective date.>> no later than 12 months after
date of enactment, a plan for the personnel management system as
authorized by section 9902(a) of title 5, United States Code, as
amended by this section, which plan shall not take effect until
90 days after the submission of the plan to Congress; and
(3) no later than 12 months after date of enactment, a plan
for the appointment procedures as authorized by section 9902(b)
of title 5, United States Code, as amended by this section.

(f) Clerical Amendments.--
(1) The heading of section 9902 of title 5, United States
Code, is amended to read as follows:
``Sec. 9902. Department of Defense personnel authorities''.
(2) The table of sections at the beginning of chapter 99 of
such title is amended by striking the item relating to section
9902 and inserting the following:

``9902. Department of Defense personnel authorities.''.

(g) Other Personnel Flexibilities.--
(1) In general.--
<<NOTE: Determination. Deadline. Proposal.>> If the Secretary of
Defense determines that it would be in the best interest of the
Department of Defense to implement personnel flexibilities in
addition to those authorized under section 9902 of title 5, as
amended by this section, the Secretary, in coordination with the
Director of the Office of Personnel Management, may develop and
submit to the covered committees, not later than 6 months after
the date of the enactment of this Act, a proposal to implement--
(A) additional personnel flexibilities and
associated statutory waivers with respect to the
application of the General Schedule (as defined in
section 5332 of title 5, United States Code); or
(B) additional personnel flexibilities and
associated statutory waivers, which would require
exemption from the application of the General Schedule
(as so defined).
(2) Rationale.--If the Secretary's proposal is to implement
authorities described in paragraph (1)(B), the Secretary shall

[[Page 123 STAT. 2503]]

provide a detailed rationale as to why implementation of
authorities described in paragraph (1)(A) are not adequate or
appropriate to meet the interests of the Department.
(3) Requirements.--The Secretary's proposal (whether as
described in paragraph (1)(A) or (1)(B))--
(A) shall be developed in a manner consistent with
the requirements of subsections (c) and (d) of section
9902 of title 5, United States Code, as amended by this
section;
(B) shall include a description of proposed
regulations and implementing rules that the Secretary
plans to adopt for the proposed system;
(C) shall identify and provide a rationale for any
statutory waiver that would be required to implement the
proposed system;
(D) shall describe the steps that the Department
would take to avoid problems of the type described in
the report of the Defense Business Board, dated August
2009, regarding the National Security Personnel System;
and
(E) may not provide for the waiver of any provision
of law that cannot be waived under paragraph (3) of
section 9902(b) of title 5, United States Code (as in
effect on the day before the date of the enactment of
this Act), and shall be subject to the requirements in
paragraphs (4) and (5) of such section (as then in
effect).
(4) Congressional approval required.--If Congress approves
the Secretary's proposal in the National Defense Authorization
Act for Fiscal Year 2011, the Secretary may implement the
proposal (subject to any changes required by law) and begin the
implementation of such proposal for personnel included in the
National Security Personnel System, in lieu of the transition
that would otherwise be required by subsection (b), subject to
paragraph (5).
(5) Restrictions.-- <<NOTE: Applicability.>> Notwithstanding
any approval under paragraph (4), the provisions of subsection
(b)(2) and (c)(4) shall apply with respect to any proposal
approved under such paragraph, unless and until modified or
repealed in legislation enacted after the date of the enactment
of this Act.
(6) Definitions.--For purposes of this subsection, the term
``covered committees'' means--
(A) the Committees on Armed Services of the Senate
and the House of Representatives;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Oversight and Government Reform
of the House of Representatives.

(h) Modification of Implementation Authorities and Limitations.--
Section 1106 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 349) is amended--
(1) <<NOTE: 5 USC 9902 note.>> by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b) (as so redesignated by paragraph
(2))--
(A) by striking paragraph (1) and inserting the
following:
``(1) <<NOTE: Review. Deadlines.>> The Comptroller General
shall conduct a review, in each of calendar years 2010, 2011,
and 2012, of--

[[Page 123 STAT. 2504]]

``(A) employee satisfaction with any processes
established pursuant to regulations promulgated by the
Secretary of Defense pursuant to section 9902 of title
5, United States Code (as amended by section 1113 of the
National Defense Authorization Act for Fiscal Year 2011;
and
``(B) the extent to which any processes so
established are fair, credible, and transparent, as
required by such section 9902 (as so amended).''; and
(B) in paragraph (2), by striking ``the National
Security Personnel System'' and inserting ``any
processes established pursuant to such regulations''.
SEC. 1114. <<NOTE: 10 USC 1601 note.>> PROVISIONS RELATING TO THE
DEFENSE CIVILIAN INTELLIGENCE PERSONNEL
SYSTEM.

(a) Suspension of Certain Pay Authority.-- <<NOTE: Time
period.>> Effective with respect to amounts paid during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2010, rates of basic pay for employees and positions within
any element of the intelligence community (as defined by the National
Security Act of 1947)--
(1) may not be fixed under the Defense Civilian Intelligence
Personnel System; and
(2) shall instead be fixed in accordance with the provisions
of law that (disregarding DCIPS) would then otherwise apply.

The preceding sentence shall not apply with respect to the National
Geospatial-Intelligence Agency.
(b) Response to GAO Report.--Not later than 3 months after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional oversight committees a written description of any
actions taken or proposed to be taken by such Secretary in response to
the review and recommendations of the Government Accountability Office
regarding the Defense Civilian Intelligence Personnel System.
(c) Independent Organization.--
(1) In general.-- <<NOTE: Deadline. Designation.>> Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense, the Director of the Office of Personnel
Management, and the Director of National Intelligence shall
jointly designate an independent organization to review the
operation of the Defense Civilian Intelligence Personnel System,
including--
(A) its impact on career progression;
(B) its appropriateness or inappropriateness in
light of the complexities of the workforce affected;
(C) its sufficiency in terms of providing
protections for diversity in promotion and retention of
personnel; and
(D) the adequacy of the training, policy guidelines,
and other preparations afforded in connection with
transitioning to that system.
(2) Deadline.-- <<NOTE: Reports.>> The independent
organization shall, after appropriate consultation with
employees and employee organizations, submit its findings and
recommendations under this section to the Secretary of Defense
and the congressional oversight committees, in a written report,
not later than June 1, 2010.

(d) Proposed Actions Based on Report.--Not later than 60 days after
receiving the report of the independent organization under subsection
(c), the Secretary of Defense, in coordination with

[[Page 123 STAT. 2505]]

the Director of the Office of Personnel Management and the Director of
National Intelligence, shall submit to the congressional oversight
committees a written report describing any actions that the Secretary
has taken or proposes to take in response to such report.
(e) Hold-harmless Provision.--No employee shall suffer any loss of
or decrease in pay as a result of being converted from DCIPS in
compliance with subsection (a).
(f) Definitions.--For purposes of this section--
(1) the terms ``Defense Civilian Intelligence Personnel
System'' and ``DCIPS'' mean the civilian personnel system
established by the Secretary of Defense under regulations--
(A) prescribed pursuant to sections 1601 through
1614 of title 10, United States Code; and
(B) taking effect in September 2008 or thereafter;
and
(2) the term ``congressional oversight committees'' means--
(A) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate.

Subtitle B--Provisions Relating to Reemployment of Annuitants

SEC. 1121. AUTHORITY TO EXPAND SCOPE OF PROVISIONS RELATING TO
UNREDUCED COMPENSATION FOR CERTAIN
REEMPLOYED ANNUITANTS.

(a) In General.--Section 9902(h) of title 5, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) <<NOTE: President. Regulations.>> Benefits similar to
those provided by paragraphs (1) and (2) may be extended, in
accordance with regulations prescribed by the President, so as
to be made available with respect to reemployed annuitants
within the Department of Defense who are subject to such other
retirement systems for Government employees (whose annuities are
payable under authorities other than subchapter III of chapter
83 or chapter 84 of title 5) as may be provided for under such
regulations.''.

(b) Conforming Amendment.--Paragraph (4) of section 9902(h) of such
title 5 (as so designated by subsection (a)(1)) is amended by striking
the period and inserting ``, excluding paragraph (3).''.
SEC. 1122. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of title 5,
United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:

``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than
the Department of Defense or the Government
Accountability Office;
``(ii) the head of the United States Postal Service;

[[Page 123 STAT. 2506]]

``(iii) the Director of the Administrative Office of
the United States Courts, with respect to employees of
the judicial branch; and
``(iv) any employing authority described under
subsection (k)(2), other than the Government
Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.

``(2) <<NOTE: Waiver authority. Determination.>> The head of an
agency may waive the application of subsection (a) or (b) with respect
to any annuitant who is employed in such agency as a limited time
appointee, if the head of the agency determines that the employment of
the annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) or the Troubled Asset Relief Program under title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
seq.);
``(C) assist in the development, management, or oversight of
agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.

``(3) The head of an agency may not waive the application of
subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.

``(4)(A) The total number of annuitants to whom a waiver by the head
of an agency under this subsection or section 8468(i) applies may not
exceed 2.5 percent of the total number of full-time employees of that
agency.
``(B) If the total number of annuitants to whom a waiver by the head
of an agency under this subsection or section 8468(i) applies exceeds 1
percent of the total number of full-time employees of that agency, the
head of that agency shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Office of
Personnel Management--
``(i) <<NOTE: Reports.>> a report with an explanation that
justifies the need for the waivers in excess of that percentage;
and
``(ii) <<NOTE: Deadline. Succession plan.>> not later than
180 days after submitting the report under clause (i), a
succession plan.

[[Page 123 STAT. 2507]]

``(5)(A) The Director of the Office of Personnel Management may
promulgate regulations providing for the administration of this
subsection.
``(B) Any regulations promulgated under subparagraph (A) may--
``(i) provide standards for the maintenance and form
of necessary records of employment under this
subsection;
``(ii) to the extent not otherwise expressly
prohibited by law, require employing agencies to provide
records of such employment to the Office of Personnel
Management or other employing agencies as necessary to
ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient
periods substantially equivalent to 12 months, such as
26 pay periods, to be used in determining compliance
with paragraph (3)(B);
``(iv) include such other administrative
requirements as the Director of the Office of Personnel
Management may find appropriate to provide for the
effective operation of, or to ensure compliance with,
this subsection; and
``(v) encourage the training and mentoring of
employees by any limited time appointee employed under
this subsection.

``(6)(A) Any hours of training or mentoring of employees by any
limited time appointee employed under this subsection shall not be
included in the hours of service performed for purposes of paragraph
(3), but those hours of training or mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time appointee
employed under this subsection is training or mentoring of employees,
the hours of that service shall be included in the hours of service
performed for purposes of paragraph (3).
``(7) <<NOTE: Termination date.>> The authority of the head of an
agency under this subsection to waive the application of subsection (a)
or (b) shall terminate 5 years after the date of enactment of the
National Defense Authorization Act for Fiscal Year 2010.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and
inserting ``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and
inserting ``(k), or (l)''.

(b) Federal Employee Retirement System.--Section 8468 of title 5,
United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:

``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than
the Department of Defense or the Government
Accountability Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of
the United States Courts, with respect to employees of
the judicial branch; and
``(iv) any employing authority described under
subsection (h)(2), other than the Government
Accountability Office; and

[[Page 123 STAT. 2508]]

``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.

``(2) <<NOTE: Waiver authority. Determination.>> The head of an
agency may waive the application of subsection (a) with respect to any
annuitant who is employed in such agency as a limited time appointee, if
the head of the agency determines that the employment of the annuitant
is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) or the Troubled Asset Relief Program under title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
seq.);
``(C) assist in the development, management, or oversight of
agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.

``(3) The head of an agency may not waive the application of
subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.

``(4)(A) The total number of annuitants to whom a waiver by the head
of an agency under this subsection or section 8344(l) applies may not
exceed 2.5 percent of the total number of full-time employees of that
agency.
``(B) If the total number of annuitants to whom a waiver by the head
of an agency under this subsection or section 8344(l) applies exceeds 1
percent of the total number of full-time employees of that agency, the
head of that agency shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Office of
Personnel Management--
``(i) <<NOTE: Reports.>> a report with an explanation that
justifies the need for the waivers in excess of that percentage;
and
``(ii) <<NOTE: Deadline. Succession plan.>> not later than
180 days after submitting the report under clause (i), a
succession plan.

[[Page 123 STAT. 2509]]

``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay periods,
to be used in determining compliance with paragraph (3)(B);
``(iv) include such other administrative requirements as the
Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to ensure
compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.

``(6)(A) Any hours of training or mentoring of employees by any
limited time appointee employed under this subsection shall not be
included in the hours of service performed for purposes of paragraph
(3), but those hours of training or mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time appointee
employed under this subsection is training or mentoring of employees,
the hours of that service shall be included in the hours of service
performed for purposes of paragraph (3).
``(7) <<NOTE: Termination date.>> The authority of the head of an
agency under this subsection to waive the application of subsection (a)
shall terminate 5 years after the date of enactment of the National
Defense Authorization Act for Fiscal Year 2010.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and
inserting ``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and
inserting ``(h), or (i)''.

(c) <<NOTE: 5 USC 8344 note.>> Rule of Construction.--Nothing in the
amendments made by this section may be construed to authorize the waiver
of the hiring preferences under chapter 33 of title 5, United States
Code in selecting annuitants to employ in an appointive or elective
position.

(d) Technical and Conforming Amendments.--Section 1005(d)(2) of
title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.
SEC. 1123. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and Government
Reform of the House of Representatives a report regarding the use of the
authority under the amendments made by section 1122.
(b) Contents.--The report submitted under subsection (a) shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this subtitle, or subsection (i) of
section 8468 of title 5, United States Code, as amended by this
subtitle; and

[[Page 123 STAT. 2510]]

(2) identify each agency that used the authority described
in paragraph (1).

(c) Agency Data.--Each head of an agency (as defined under sections
8344(l)(1) and 8468(i)(1)(A) of title 5, United States Code, as added by
section 1122 of this subtitle) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a); and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

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

Sec. 1221. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1222. One-year extension and expansion of Commanders' Emergency
Response Program.
Sec. 1223. Modification of authority for reimbursement of certain
coalition nations for support provided to United States
military operations.
Sec. 1224. Pakistan Counterinsurgency Fund.
Sec. 1225. Program to provide for the registration and end-use
monitoring of defense articles and defense services
transferred to Afghanistan and Pakistan.
Sec. 1226. Reports on campaign plans for Iraq and Afghanistan.
Sec. 1227. Report on responsible redeployment of United States Armed
Forces from Iraq.
Sec. 1228. Report on community-based security programs in Afghanistan.
Sec. 1229. Updates of report on command and control structure for
military forces operating in Afghanistan.
Sec. 1230. Report on feasibility and desirability of establishing
general uniform procedures and guidelines for the provision
of monetary assistance by the United States to civilian
foreign nationals for losses incident to combat activities of
the armed forces.
Sec. 1231. Assessment and report on United States-Pakistan military
relations and cooperation.
Sec. 1232. Report on progress toward security and stability in
Pakistan.
Sec. 1233. Repeal of GAO war-related reporting requirement.
Sec. 1234. Authority to transfer defense articles and provide defense
services to the military and security forces of Iraq and
Afghanistan.
Sec. 1235. Analysis of required force levels and types of forces needed
to secure southern and eastern regions of Afghanistan.

[[Page 123 STAT. 2511]]

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

Subtitle D--VOICE Act

Subtitle A--Assistance and Training

SEC. 1201. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.

Section 1207(g) of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by section
1210 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 369) and section 1207 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4625), is further amended by striking ``September
30, 2009'' and inserting ``September 30, 2010''.
SEC. 1202. EXPANSION OF AUTHORITY AND MODIFICATION OF NOTIFICATION
AND REPORTING REQUIREMENTS FOR USE OF
AUTHORITY FOR SUPPORT OF SPECIAL
OPERATIONS TO COMBAT TERRORISM.

(a) Authority.--Section 1208(a) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as amended by section 1208(a) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4626), is further amended by striking ``$35,000,000'' and
inserting ``$40,000,000''.
(b) Notification.--Section 1208(c) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as amended by section 1208(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4626), is further amended--

[[Page 123 STAT. 2512]]

(1) by striking ``Upon using'' and inserting the following:
``(1) In general.--Upon using'';
(2) by inserting after ``support of an approved military
operation'' the following: ``or changing the scope or funding
level of any support for such an operation'';
(3) by striking ``Such a notification need be provided only
once with respect to any such operation.''; and
(4) by adding at the end the following new paragraph:
``(2) Content.--Notifications required under this subsection
shall include the following information:
``(A) The type of support provided or to be provided
to United States special operations forces.
``(B) The type of support provided or to be provided
to the recipient of the funds.
``(C) The amount obligated under the authority to
provide support.''.

(c) Annual Report.--Section 1208(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086) is amended in the second sentence by striking ``shall
describe the support'' and all that follows through the period at the
end and inserting ``shall include the following information:
``(1) A description of supported operations.
``(2) A summary of operations.
``(3) The type of recipients that received support,
identified by authorized category (foreign forces, irregular
forces, groups, or individuals).
``(4) The total amount obligated in the previous fiscal
year, including budget details.
``(5) The total amount obligated in prior fiscal years.
``(6) The intended duration of support.
``(7) A description of support or training provided to the
recipients of support.
``(8) A value assessment of the operational support
provided.''.
SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSISTANCE RELATED
PROGRAMS CARRIED OUT BY THE DEPARTMENT
OF DEFENSE.

(a) Amendment.--Section 1209 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368) is
amended--
(1) in subsection (a), by striking ``180 days after the date
of the enactment of this Act'' and inserting ``February 1 of
each year through February 1, 2013''; and
(2) in subsection (b)(1)--
(A) in subparagraph (G), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subparagraph:
``(I) subsection (b)(6) of section 166a of title 10,
United States Code; and''.

(b) Report for Fiscal Years 2008 and 2009.--The report required to
be submitted not later than February 1, 2010, under section 1209(a) of
the National Defense Authorization Act for Fiscal Year 2008, as amended
by subsection (a), shall include information

[[Page 123 STAT. 2513]]

required under such section with respect to fiscal years 2008 and 2009.
SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES AND RELATED MATTERS.

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

(b) Specified Congressional Committees.--The congressional
committees specified in this subsection are the following:
(1) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.

[[Page 123 STAT. 2514]]

SEC. 1205. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND
SUPPORT TO COALITION LIAISON OFFICERS OF
CERTAIN FOREIGN NATIONS ASSIGNED TO
UNITED STATES JOINT FORCES COMMAND.

(a) Extension of Authority.--Subsection (a) of section 1051a of
title 10, United States Code, is amended--
(1) by striking ``assigned temporarily'' and inserting
``assigned temporarily as follows:'';
(2) by designating the remainder of the text of that
subsection as paragraph (1) and indenting that text two ems from
the left margin;
(3) in paragraph (1), as so designated, by striking ``to the
headquarters'' and inserting ``To the headquarters''; and
(4) by adding at the end the following new paragraph:
``(2) To the headquarters of the combatant command assigned
by the Secretary of Defense the mission of joint warfighting
experimentation and joint forces training.''.

(b) <<NOTE: 10 USC 1051a.>> Effective Date.--Paragraph (2) of
section 1051a(a) of title 10, United States Code (as added by subsection
(a)), shall take effect on October 1, 2009, or the date of the enactment
of this Act, whichever is later.
SEC. 1206. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO
BUILD THE CAPACITY OF FOREIGN MILITARY
FORCES.

(a) Temporary Limitation on Amount for Building Capacity for
Military and Stability Operations.--Section 1206(c) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456), as amended by section 1206 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2418) and section 1206 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4625), is further amended by adding at the end the following new
paragraph:
``(5) Temporary limitation on amount for building capacity
to participate in or support military and stability
operations.--Of the funds used to carry out a program under
subsection (a), not more than $75,000,000 may be used during
fiscal year 2010, and not more than $75,000,000 may be used
during fiscal year 2011, for purposes described in subsection
(a)(1)(B).''.

(b) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2009, and shall apply with respect to programs
under section 1206(a) of the National Defense Authorization Act for
Fiscal Year 2006 that begin on or after that date.
SEC. 1207. <<NOTE: 10 USC 168 note.>> AUTHORITY FOR NON-RECIPROCAL
EXCHANGES OF DEFENSE PERSONNEL BETWEEN
THE UNITED STATES AND FOREIGN COUNTRIES.

(a) Authority To Enter Into Non-reciprocal International Exchange
Agreements.--
(1) In general.--The Secretary of Defense may enter into
non-reciprocal international defense personnel exchange
agreements.
(2) International defense personnel exchange agreements
defined.--For purposes of this section, an international defense
personnel exchange agreement is an agreement with

[[Page 123 STAT. 2515]]

the government of an ally of the United States or another
friendly foreign country for the exchange of military and
civilian personnel of the defense ministry of that foreign
government.

(b) Assignment of Personnel.--
(1) In general.--Pursuant to a non-reciprocal international
defense personnel exchange agreement, personnel of the defense
ministry of a foreign government may be assigned to positions in
the Department of Defense.
(2) Mutual agreement required.--An individual may not be
assigned to a position pursuant to a non-reciprocal
international defense personnel exchange agreement unless the
assignment is acceptable to both governments.

(c) Payment of Personnel Costs.--
(1) In general.--The foreign government with which the
United States has entered into a non-reciprocal international
defense personnel exchange agreement shall pay the salary, per
diem, cost of living, travel costs, cost of language or other
training, and other costs for its personnel under such agreement
in accordance with the applicable laws and regulations of such
government.
(2) Excluded costs.--Paragraph (1) does not apply to the
following costs:
(A) The cost of training programs conducted to
familiarize, orient, or certify exchanged personnel
regarding unique aspects of the assignments of the
exchanged personnel.
(B) Costs incident to the use of facilities of the
United States Government in the performance of assigned
duties.
(C) The cost of temporary duty of the exchanged
personnel directed by the United States Government.

(d) Prohibited Conditions.--No personnel exchanged pursuant to a
non-reciprocal agreement under this section may take or be required to
take an oath of allegiance or to hold an official capacity in the
government.
(e) Report.--
(1) In general.--Not later than 90 days after the end of the
fiscal year in which the authority in subsection (a) has been
exercised, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the use of the
authority through the end of such fiscal year.
(2) Matters to be included.--The report required under
paragraph (1) shall include the number of non-reciprocal
international defense personnel exchange agreements, the number
of personnel assigned pursuant to such agreements, the
Department of Defense component to which the personnel have been
assigned, the duty title of each assignment, and the countries
with which the agreements have been concluded.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.

(f) Duration of Authority.--The authority under this section shall
expire on September 30, 2012.

[[Page 123 STAT. 2516]]

SEC. 1208. REPORT ON ALTERNATIVES TO USE OF ACQUISITION AND CROSS-
SERVICING AGREEMENTS TO LEND MILITARY
EQUIPMENT FOR PERSONNEL PROTECTION AND
SURVIVABILITY.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth and assessing
various alternatives to the use of acquisition and cross-servicing
agreements pursuant to the temporary authority in section 1202 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2412), as amended by section 1252 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 402), for purposes of lending covered military equipment
to military forces of nations as follows:
(1) A nation participating in combined operations with the
United States in Iraq and Afghanistan.
(2) A nation participating in combined operations with the
United States as part of a peacekeeping operation under the
Charter of the United Nations or another international
agreement.

(b) Covered Military Equipment Defined.--In this section, the term
``covered military equipment'' has the meaning given that term in
section 1202(d)(1) of the John Warner National Defense Authorization Act
for Fiscal Year 2007.
SEC. 1209. ENHANCING IRAQI SECURITY THROUGH DEFENSE COOPERATION
BETWEEN THE UNITED STATES AND IRAQ.

(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, with the concurrence of
the Secretary of State, shall submit to the appropriate congressional
committees a report on the role of Foreign Military Sales in meeting the
requirements of the military and security forces of Iraq for restoring
and maintaining peace and security in Iraq.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) A description of the minimum requirements of the
military and security forces of Iraq to achieve and sustain
internal security.
(2) A description of how Foreign Military Sales may be
leveraged to ensure the timely delivery of training, equipment,
and supplies beyond the December 2011 drawdown deadline and any
recommendations for improving the Foreign Military Sales process
with respect to Iraq.
(3) An assessment of the feasibility and desirability of
treating an undertaking by the Government of Iraq between the
date of the enactment of this Act and December 31, 2011, as a
dependable undertaking described in section 22(a) of the Arms
Export Control Act (22 U.S.C. 2762(a)) for the purpose of
entering into contracts for the procurement of defense articles
and defense services as provided for in that section.

(c) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should, with the concurrence of the Secretary of
State, seek to increase the number of positions in professional military
education courses, including courses at command and general staff
colleges, war colleges, and the service academies,

[[Page 123 STAT. 2517]]

that are made available annually to personnel of the security forces of
the Government of Iraq.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1210. <<NOTE: 32 USC 107 note.>> AVAILABILITY OF APPROPRIATED
FUNDS FOR THE STATE PARTNERSHIP PROGRAM.

(a) Regulations Required.-- <<NOTE: Deadline.>> Not later than 90
days after the date of the enactment of this Act, the Secretary of
Defense, in consultation with Secretary of State, shall prescribe
regulations regarding the use of funds appropriated to the Department of
Defense to pay the costs incurred by the National Guard in conducting
activities under the State
Partnership <<NOTE: Records. Deadline.>> Program. The Secretary of
Defense shall transmit to the appropriate congressional committees a
copy of the regulations not later than 15 days after the date on which
the regulations are prescribed under this subsection.

(b) Limitations.--
(1) Approval by commander of combatant command and chief of
mission.--Funds shall not be available under subsection (a) for
activities conducted under the State Partnership Program in a
foreign country unless such activities are jointly approved by
the commander of the combatant command concerned and the chief
of mission concerned.
(2) Participation by members.--Funds shall not be available
under subsection (a) for the participation of a member of the
National Guard in activities conducted under the State
Partnership Program in a foreign country unless the member is on
active duty in the Armed Forces at the time of such
participation.

(c) Report.--Not later than 90 days after the date of the enactment
of this Act, and not later than the end of each of the fiscal years 2010
through 2013, the Secretary of Defense shall submit to the appropriate
congressional committees a report describing the civilian engagement
activities conducted under the State Partnership Program, including a
detailed description of the activities undertaken and funds expended in
the previous fiscal year under the State Partnership Program.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.

[[Page 123 STAT. 2518]]

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

SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.

No funds appropriated pursuant to an authorization of appropriations
in this Act may be obligated or expended for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.
SEC. 1222. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS'
EMERGENCY RESPONSE PROGRAM.

(a) One-year Extension of Authority.--
(1) Authority for fiscal year 2010.--Subsection (a) of
section 1202 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as
amended by section 1205 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366) and
section 1214 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4630),
is further amended--
(A) in the heading, by striking ``Fiscal Years 2008
and 2009'' and inserting ``Fiscal Year 2010'';
(B) by striking ``each of fiscal years 2008 and
2009'' and inserting ``fiscal year 2010'';
(C) by striking ``for such fiscal year''; and
(D) by striking ``$1,700,000,000 in fiscal year 2008
and $1,500,000,000 in fiscal year 2009'' and inserting
``$1,300,000,000''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2009.

(b) Extension of Due Date for Quarterly Reports.--Subsection (b)(1)
of such section is amended--
(1) by striking ``15 days'' and inserting ``30 days''; and
(2) by striking ``fiscal years 2008 and 2009'' and inserting
``any fiscal year during which the authority under subsection
(a) is in effect''.

(c) Technical Amendments.--Subsections (e)(1) and (f)(1) of such
section are amended by striking ``the date of the enactment of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009''
and inserting ``October 14, 2008,''.
(d) Authority To Transfer Funds for Support of Afghanistan National
Solidarity Program.--
(1) <<NOTE: Determination.>> Authority.--If the Secretary of
Defense determines that the use of Commanders' Emergency
Response Program funds to support the Afghanistan National
Solidarity Program would enhance counterinsurgency operations or
stability operations in Afghanistan, the Secretary of Defense
may transfer funds, from amounts available for the Commanders'
Emergency Response Program for fiscal year 2010, to the
Secretary of State for purposes of supporting the Afghanistan
National Solidarity Program.

[[Page 123 STAT. 2519]]

(2) Limitation.--The amount of funds transferrable under
paragraph (1) may not exceed $50,000,000.
(3) Congressional notification.--
<<NOTE: Deadline. Reports.>> Not later than 15 days before
transferring funds under paragraph (1), the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth the Secretary's determination pursuant to
paragraph (1) and a description of the amount of funds to be
transferred under that paragraph.
(4) Expiration.--The authority to transfer funds under
paragraph (1) shall expire at the close of September 30, 2010.

(e) Use of Funds for Reintegration Activities in Afghanistan.--
(1) Authority.--The Secretary of Defense, in coordination
with the Government of Afghanistan and with the concurrence of
the Secretary of State, may utilize such funds as necessary from
amounts available for the Commanders' Emergency Response Program
for fiscal year 2010 to support the reintegration into Afghan
society of those individuals who have renounced violence against
the Government of Afghanistan.
(2) Quarterly reports.--
(A) In general.--The Secretary of Defense shall
submit to the congressional defense committees a report
on activities carried out utilizing the authority of
paragraph (1). Such report shall be included in the
report required under section 1202(b) of the National
Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3455), and shall be specifically
identified as having been carried out under the
authority of paragraph (1).
(B) Copy of report.--The Secretary of Defense shall
provide the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate with a copy of that portion of the report
required by section 1202 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3455) that pertains to expenditures
carried out under the authority of paragraph (1).
(3) Expiration.--The authority to utilize funds under
paragraph (1) shall expire at the close of September 30, 2010.

(f) <<NOTE: Deadline.>> Review of Program.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall conduct a thorough review of the Commander's Emergency Response
Program and submit to the congressional defense committees the results
of such review.

(g) Definition.--In this section, the term ``Commanders' Emergency
Response Program'' has the meaning given the term in section 1202(g) of
the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3456).
SEC. 1223. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED
TO UNITED STATES MILITARY OPERATIONS.

(a) Expansion of Authority.--Section 1233 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
393) is amended--
(1) in subsection (a)--

[[Page 123 STAT. 2520]]

(A) by striking ``section 1508'' and inserting
``section 1509(5) of the National Defense Authorization
Act for Fiscal Year 2010'';
(B) by striking ``key cooperating nation for
logistical'' and inserting the following: ``key
cooperating nation for the following:
``(1) Logistical''; and
(C) by adding at the end the following:
``(2) Logistical, military, and other support, including
access, provided by that nation to or in connection with United
States military operations described in paragraph (1).'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following new
subsection:

``(b) Other Support.--Using funds described in subsection (a)(2),
the Secretary of Defense may also assist any key cooperating nation
supporting United States military operations in Operation Iraqi Freedom
or Operation Enduring Freedom in Afghanistan through the following:
``(1) The provision of specialized training to personnel of
that nation in connection with such operations, including
training of such personnel before deployment in connection with
such operations.
``(2) The procurement and provision of supplies to that
nation in connection with such operations.
``(3) The procurement of specialized equipment and the
loaning of such specialized equipment to that nation on a non-
reimbursable basis in connection with such operations.''.

(b) Amounts of Support.--Paragraph (2) of subsection (c) of such
section (as redesignated) is amended to read as follows:
``(2) Support.--Support authorized by subsection (b) may be
provided in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State and in consultation with
the Director of the Office of Management and Budget considers
appropriate.''.

(c) Limitation on Amount.--Paragraph (1) of subsection (d) of such
section (as redesignated) is amended by adding at the end the following:
``The aggregate amount of reimbursements made under subsection (a) and
support provided under subsection (b) during fiscal year 2010 may not
exceed $1,600,000,000.''.
(d) <<NOTE: Deadline.>> Notice to Congress.--Subsection (e) of such
section (as redesignated) is amended by striking ``shall--'' and all
that follows and inserting ``shall notify the appropriate congressional
committees not later than 15 days before making any reimbursement under
the authority in subsection (a) or providing any support under the
authority in subsection (b). In the case of any reimbursement to
Pakistan under the authority of this section, such notice shall be made
in accordance with the notice requirements under section 1232(b).''.

(e) Quarterly Reports.--Such section is further amended by adding at
the end the following new subsection:
``(f) Quarterly Reports.--The Secretary of Defense shall submit to
the appropriate congressional committees on a quarterly basis a report
on any reimbursements made under the authority in subsection (a), and
any support provided under the authority in subsection (b), during such
quarter.''.

[[Page 123 STAT. 2521]]

(f) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(g) Definition.--In this section, the term `appropriate
congressional committees' means--
``(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
``(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.''.

(g) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 393), as amended by section 1217(d) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4635), is further amended by striking ``September 30,
2010'' and inserting ``September 30, 2011''.
SEC. 1224. PAKISTAN COUNTERINSURGENCY FUND.

(a) Availability.--
(1) Amounts in the fund.--The Pakistan Counterinsurgency
Fund (in this section referred to as the ``Fund'') shall consist
of the following:
(A) Amounts appropriated to the Fund for fiscal year
2009.
(B) Amounts transferred to the Fund pursuant to
subsection (d).
(2) Initial assessment required.--Concurrent with the
initial use of funds available under this section, the Secretary
of Defense shall submit to the appropriate congressional
committees a report setting forth an assessment by the Secretary
as to whether the Government of Pakistan is making concerted
efforts to confront the threat posed by al Qa'ida, the Taliban,
and other militant extremists based on the national security
interests of Pakistan.

(b) Use of Funds.--
(1) In general.--Amounts in the Fund shall be made available
to the Secretary of Defense, with the concurrence of the
Secretary of State, to provide assistance (including program
management and the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, and
construction) to the security forces of Pakistan (including
military forces, police forces, and the Frontier Corps) to build
and maintain the counterinsurgency capability of such forces,
and of which not more than $4,000,000 may be made available to
provide humanitarian assistance to the people of Pakistan only
as part of civil-military training exercises for such forces
receiving assistance under the Fund.
(2) Relation to other authorities.--Except as otherwise
provided in section 1225 of this Act, amounts in the Fund are
authorized to be made available subject only to the terms and
conditions of this section and notwithstanding any other
provision of law. The authority to provide assistance under this
subsection is in addition to any other authority to provide
assistance to foreign countries.

[[Page 123 STAT. 2522]]

(1) In general.--The Secretary of Defense may transfer such
amounts as the Secretary determines to be appropriate from the
Fund--
(A) to any account available to the Department of
Defense, or
(B) with the concurrence of the Secretary of State
and head of the relevant Federal department or agency,
to any other non-intelligence related Federal account,
for purposes consistent with this section.
(2) Treatment of transferred funds.--Subject to subsection
(b)(2), amounts transferred to an account under the authority of
paragraph (1) shall be merged with amounts in such account and
shall be made available for the same purposes, and subject to
the same conditions and limitations, as amounts in such account.
(3) Transfers back to fund.--Upon a determination by the
Secretary of Defense with respect to funds transferred under
paragraph (1)(A), or the head of the other Federal department or
agency with the concurrence of the Secretary of State with
respect to funds transferred under paragraph (1)(B), that all or
part of amounts transferred from the Fund under paragraph (1)
are not necessary for the purpose provided, such amounts may be
transferred back to the Fund and shall be made available for the
same purposes, and subject to the same conditions and
limitations, as originally applicable under subsection (b).

(d) Transfers to Fund.--
(1) In general.--The Fund may include amounts transferred by
the Secretary of State, with the concurrence of the Secretary of
Defense, under any authority of the Secretary of State to
transfer funds under any provision of law.
(2) Treatment of transferred funds.--Amounts transferred to
the Fund under the authority of paragraph (1) shall be subject
to any restriction relating to payments for Letters of Offer and
Acceptance as a condition of the authority to transfer funds
under paragraph (1), and merged with amounts in the Fund and
shall be made available for the same purposes, and subject to
the same conditions and limitations, as amounts in the Fund.

(e) Congressional <<NOTE: Time period.>> Notification.--Amounts in
the Fund may not be transferred from the Fund under this section until
15 days after the date on which the Secretary of Defense notifies the
appropriate congressional committees in writing of the details of the
proposed transfer.

(f) Quarterly Reports.--Not later than 30 days after the end of each
fiscal quarter, the Secretary of Defense shall submit to the appropriate
congressional committees a report that summarizes, on a project-by-
project basis, any transfer of funds from the Fund under this section
during such fiscal quarter.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and

[[Page 123 STAT. 2523]]

(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.

(h) Sunset.--
(1) In general.--Except as provided in paragraph (2), the
authority provided under this section terminates at the close of
September 30, 2010.
(2) Exception.--Any program supported from amounts in the
Fund established before the close of September 30, 2010, may be
completed after that date but only using amounts appropriated or
transferred to the Fund on or before that date.
SEC. 1225. <<NOTE: 22 USC 2785 note.>> PROGRAM TO PROVIDE FOR THE
REGISTRATION AND END-USE MONITORING OF
DEFENSE ARTICLES AND DEFENSE SERVICES
TRANSFERRED TO AFGHANISTAN AND PAKISTAN.

(a) Program Required.--
(1) In general.--The Secretary of Defense shall establish
and carry out a program to provide for the registration and end-
use monitoring of defense articles and defense services
transferred to Afghanistan and Pakistan in accordance with the
requirements under subsection (b) and to prohibit the retransfer
of such defense articles and defense services without the
consent of the United States. The program required under this
subsection shall be limited to the transfer of defense articles
and defense services--
(A) pursuant to authorities other than the Arms
Export Control Act or the Foreign Assistance Act of
1961; and
(B) using funds made available to the Department of
Defense, including funds available pursuant to the
Pakistan Counterinsurgency Fund.
(2) Prohibition.--No defense articles or defense services
that would be subject to the program required under this
subsection may be transferred to--
(A) the Government of Afghanistan or any other
group, organization, citizen, or resident of
Afghanistan, or
(B) the Government of Pakistan or any other group,
organization, citizen, or resident of Pakistan,
until the Secretary of Defense certifies to the specified
congressional committees that the program required under this
subsection has been established.

(b) Registration and End-use Monitoring Requirements.--The
registration and end-use monitoring requirements under this subsection
shall include the following:
(1) A detailed record of the origin, shipping, and
distribution of defense articles and defense services
transferred to--
(A) the Government of Afghanistan and other groups,
organizations, citizens, and residents of Afghanistan;
and
(B) the Government of Pakistan and other groups,
organizations, citizens, and residents of Pakistan.
(2) The registration of the serial numbers of all small arms
to be provided to--
(A) the Government of Afghanistan and other groups,
organizations, citizens, and residents of Afghanistan;
and
(B) the Government of Pakistan and other groups,
organizations, citizens, and residents of Pakistan.

[[Page 123 STAT. 2524]]

(3) A program of end-use monitoring of lethal defense
articles and defense services transferred to the entities and
individuals described in subparagraphs (A) and (B) of paragraph
(1).

(c) Review; Exemption.--
(1) Review.--The Secretary of Defense shall periodically
review the defense articles and defense services subject to the
registration and end-use monitoring requirements under
subsection (b) to determine which defense articles and defense
services, if any, should no longer be subject to such
registration and end-use monitoring requirements. The Secretary
of Defense shall submit to the specified congressional
committees the results of each review conducted under this
paragraph.
(2) Exemption.-- <<NOTE: Effective date. Notification.>> The
Secretary of Defense may exempt a defense article or defense
service from the registration and end-use monitoring
requirements under subsection (b) beginning on the date that is
30 days after the date on which the Secretary provides notice of
the proposed exemption to the specified congressional
committees. Such notice shall describe any controls to be
imposed on such defense article or defense service, as the case
may be, under any other provision of law.

(d) Definitions.--In this section:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(d)).
(2) Defense service.--The term ``defense service'' has the
meaning given the term in section 644(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(f)).
(3) Small arm.--The term ``small arm'' means--
(A) a handgun or pistol;
(B) a shoulder-fired weapon, including a sub-
carbine, carbine, or rifle;
(C) a light, medium, or heavy automatic weapon up to
and including a .50 caliber machine gun;
(D) a recoilless rifle up to and including 106mm;
(E) a mortar up to and including 81mm;
(F) a rocket launcher, man-portable;
(G) a grenade launcher, rifle and shoulder fired;
and
(H) an individually-operated weapon which is
portable or can be fired without special mounts or
firing devices and which has potential use in civil
disturbances and is vulnerable to theft.
(4) Specified congressional committees.--The term
``specified congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.

(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect 180 days after the date of the
enactment of this Act.
(2) Exception.-- <<NOTE: Time period. Certification.>> The
Secretary of Defense may delay the effective date of this
section by an additional period of up to 120 days if the
Secretary certifies in writing to the specified congressional
committees for such additional period that it

[[Page 123 STAT. 2525]]

is in the vital interest of the United States to do so and
includes in the certification a description of such vital
interest.
SEC. 1226. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND AFGHANISTAN.

(a) Reports Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees separate reports
containing assessments of the extent to which the campaign plan for Iraq
and the campaign plan for Afghanistan (including the supporting and
implementing documents for each such plan) each adhere to military
doctrine (as defined in the Department of Defense's Joint Publication 5-
0, Joint Operation Planning), including the elements set forth in
subsection (b).
(b) Matters to Be Assessed.--The matters to be included in the
assessments required under subsection (a) are as follows:
(1) The extent to which each campaign plan identifies and
prioritizes the conditions that must be achieved in each phase
of the campaign.
(2) The extent to which each campaign plan reports the
number of combat brigade teams and other forces required for
each campaign phase.
(3) The extent to which each campaign plan estimates the
time needed to reach the desired end state and complete the
military portion of the campaign.

(c) Update of Report.--The Comptroller General shall submit to the
congressional defense committees an update of the report on the campaign
plan for Iraq or the campaign plan for Afghanistan required under
subsection (a) whenever the campaign plan for Iraq or the campaign plan
for Afghanistan, as the case may be, is substantially updated or
altered.
(d) Exception.-- <<NOTE: Determination. Notification.>> If the
Comptroller General determines that a report submitted to Congress by
the Comptroller General before the date of the enactment of this Act
substantially meets the requirements of subsection (a) for the
submission of a report on the campaign plan for Iraq or the campaign
plan for Afghanistan, the Comptroller General shall so notify the
congressional defense committees in writing, but shall provide an update
of the report as required under subsection (c).

(e) Termination.--
(1) Reports on iraq.--The requirement to submit updates of
reports on the campaign plan for Iraq under subsection (c) shall
terminate on December 31, 2011.
(2) Reports on afghanistan.--The requirement to submit
updates of reports on the campaign plan for Afghanistan under
subsection (c) shall terminate on September 30, 2012.
SEC. 1227. <<NOTE: 50 USC 1541 note.>> REPORT ON RESPONSIBLE
REDEPLOYMENT OF UNITED STATES ARMED
FORCES FROM IRAQ.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, or December 31, 2009, whichever occurs later, and
every 90 days thereafter, the Secretary of Defense shall submit to the
appropriate congressional committees a report concerning the responsible
redeployment of United States Armed Forces from Iraq in accordance with
the policy announced by the President on February 27, 2009, and the
Agreement Between the

[[Page 123 STAT. 2526]]

United States of America and the Republic of Iraq On the Withdrawal of
United States Forces From Iraq and the Organization of Their Activities
During Their Temporary Presence in Iraq.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) The number of United States military personnel in Iraq
by service and component for each month of the preceding 90-day
period and an estimate of the personnel levels in Iraq for the
90-day period following submission of the report.
(2) The number and type of military installations in Iraq
occupied by 100 or more United States military personnel and the
number of such military installations closed, consolidated, or
transferred to the Government of Iraq in the preceding 90-day
period.
(3) An estimate of the number of military vehicles,
containers of equipment, tons of ammunition, or other
significant items belonging to the Department of Defense removed
from Iraq during the preceding 90-day period, an estimate of the
remaining amount of such items belonging to the Department of
Defense, and an assessment of the likelihood of successfully
removing, demilitarizing, or otherwise transferring all items
belonging to the Department of Defense from Iraq on or before
December 31, 2011.
(4) An assessment of United States detainee operations and
releases. Such assessment should include the total number of
detainees held by the United States in Iraq, the number of
detainees in each threat level category, the number of detainees
who are not nationals of Iraq, the number of detainees
transferred to Iraqi authorities, the number of detainees who
were released from United States custody and the reasons for
their release, and the number of detainees who having been
released in the past were recaptured or had their remains
identified planning or after carrying out attacks on United
States or Coalition forces.
(5) A listing of the objective and subjective factors
utilized by the commander of Multi-National Force-Iraq,
including any changes to that list in the case of an update to
the report, to determine risk levels associated with the
drawdown of United States Armed Forces, and the process and
timing that will be utilized by the commander of Multi-National
Force-Iraq and the Secretary of Defense to assess risk and make
recommendations to the President about either continuing the
redeployment of United States Armed Forces from Iraq in
accordance with the schedule announced by the President or
modifying the pace or timing of that redeployment.

(c) Inclusion in Other Reports.--The report required under
subsection (a) and any updates to the report may be included in any
other required report on Iraq submitted to Congress by the Secretary of
Defense.
(d) Form.--The report required under subsection (a), whether or not
included in another report on Iraq submitted to Congress by the
Secretary of Defense, may include a classified annex.
(e) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and

[[Page 123 STAT. 2527]]

(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on Intelligence,
and the Committee on Appropriations of the House of
Representatives.
SEC. 1228. REPORT ON COMMUNITY-BASED SECURITY PROGRAMS IN
AFGHANISTAN.

(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the Afghan Public
Protection Program and other similar programs for community-based
security forces in Afghanistan (in this section collectively referred to
as the ``programs'').
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following elements:
(1) An assessment of the programs in Afghanistan, including,
at a minimum, the following elements:
(A) A listing and short description of the programs,
including major elements of each program.
(B) An evaluation of the changes in security
conditions in the districts in which each program is
located, from each program's inception to the date of
the report.
(C) The extent to which the forces developed under
the programs are generally representative of the ethnic
groups in the respective districts in which the programs
are located.
(D) If the forces developed under the programs are
appropriately representative of the geographic area of
responsibility.
(E) An assessment of the effectiveness of each
program, including, to the extent practicable, the views
of the local communities and Afghan national,
provincial, and district governmental officials and
leaders of the local communities.
(F) Any formal reviews of the programs that are
planned for the future and the timelines on which the
reviews would be conducted, by whom the reviews would be
conducted, and the criteria that would be used.
(G) The selection criteria that were used to select
members of the program in the initial pilot districts
and how the members were vetted.
(H) The costs to the Department of Defense to
support the program in the initial pilot districts, to
include any Commanders' Emergency Response Program funds
spent as formal or informal incentives.
(I) The roles of the Afghanistan National Security
Forces (ANSF) in supporting and training forces under
each program.
(J) Any other criteria used to evaluate the programs
by the Commander of United States Forces-Afghanistan.
(2) An assessment of the future of the programs, including,
at a minimum, the following elements:
(A) A description of the goals and objectives
expected to be met by the expansion of the programs or
the establishment of similar programs.
(B) A description of how such expansions would
support the functions of the Afghan National Police.

[[Page 123 STAT. 2528]]

(C) A description of how districts or provinces will
be chosen to participate in the programs, including an
explanation of the following:
(i) What mechanisms the Government of
Afghanistan will use to select additional
districts or provinces, including participants in
the decision process and the criteria used.
(ii) How the views of relevant United States
Government departments and agencies and of the
North Atlantic Treaty Organization (NATO)
International Security Assistance Force (ISAF)
will be taken into account by the Government of
Afghanistan when choosing districts or provinces
to participate in the programs.
(iii) What process will be used to evaluate
any changes to the programs as executed in the
past to account for different or unique
circumstances in additional areas of expansion.
(D) An assessment of personnel, assets, or funding
of the Department of Defense that would likely be
required to support any expansion of the programs.
(E) A description of the formal process, led by the
Government of Afghanistan, that will be used to evaluate
the programs, including a description of the following:
(i) A listing of the criteria that are
expected to be considered in the process.
(ii) The roles in the process of--
(I) the Government of Afghanistan;
(II) relevant United States
Government departments and agencies;
(III) NATO-ISAF;
(IV) nongovernmental representatives
of the people of Afghanistan; and
(V) any other appropriate
individuals and entities.
(F) A description of whether members of the forces
developed under the programs will be transitioned to the
ANSF or to other employment in the future, including a
description of--
(i) the process that will be used to
transition the forces;
(ii) additional training that may be required;
and
(iii) how decisions will be made to transition
the forces to the ANSF or other employment.
(G) The Afghan chain of command that will be used to
implement the programs and provide command and control
over the units created by the programs.
SEC. 1229. <<NOTE: 10 USC 113 note.>> UPDATES OF REPORT ON COMMAND
AND CONTROL STRUCTURE FOR MILITARY
FORCES OPERATING IN AFGHANISTAN.

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

[[Page 123 STAT. 2529]]

the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 385).''.
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.

(a) Report.--The Secretary of Defense shall submit to Congress a
report on the feasibility and the desirability of establishing general
uniform procedures and guidelines for the provision by the United States
of monetary assistance to civilian foreign nationals for losses,
injuries, or death (hereafter ``harm'') incident to combat activities of
the United States Armed Forces.
(b) Matters To Be Included in Report.--The Secretary shall include
in the report the following:
(1) A description of the authorities under laws in effect as
of the date of the enactment of this Act for the United States
to provide compensation, monetary payments, or other assistance
to civilians who incur harm due directly or indirectly to the
combat activities of the United States Armed Forces.
(2) A description of the practices in effect as of the date
of enactment of this Act for the United States to provide ex
gratia, solatia, or other types of condolence payments to
civilians who incur harm due directly or indirectly to the
combat activities of the United States Armed Forces.
(3) A discussion of the historic practice of the United
States to provide compensation, other monetary payments, or
other assistance to civilian foreign nationals who incur harm
due directly or indirectly to combat activities of the United
States Armed Forces.
(4) A discussion of the practice of the United States in
Operation Enduring Freedom and Operation Iraqi Freedom to
provide compensation, other monetary payments, or other
assistance to civilian foreign nationals who incur harm due
directly or indirectly to the combat activities of the United
States Armed Forces, including the procedures and guidelines
used and an assessment of its effectiveness. This discussion
will also include estimates of the total amount of funds
disbursed to civilian foreign nationals who have incurred harm
since the inception of Operation Iraqi Freedom and Operation
Enduring Freedom. This discussion will also include how such
procedures and guidelines compare to the processing of claims
filed under the Foreign Claims Act.
(5) A discussion of the positive and negative effects of
using different authorities, procedures, and guidelines to
provide monetary assistance to civilian foreign nationals, based
upon the culture and economic circumstances of the local
populace and the operational impact on the military mission.
This discussion will also include whether the use of different
authorities, procedures, and guidelines has resulted in
disparate monetary assistance to civilian foreign nationals who
have incurred substantially similar harm, and if so, the
frequency and effect of such results.
(6) A discussion of the positive and negative effects of
establishing general uniform procedures and guidelines for the

[[Page 123 STAT. 2530]]

provision of such assistance, based upon the goals of timely
commencement of a program of monetary assistance, efficient and
effective implementation of such program, and consistency in the
amount of assistance in relation to the harm incurred. This
discussion will also include whether the implementation of
general uniform procedures and guidelines would create a legally
enforceable entitlement to ``compensation'' and, if so, any
potential significant operational impact arising from such an
entitlement.
(7) Assuming general uniform procedures and guidelines were
to be established, a discussion of the following:
(A) Whether such assistance should be limited to
specified types of combat activities or operations,
e.g., such as during counterinsurgency operations.
(B) Whether such assistance should be contingent
upon a formal determination that a particular combat
activity/operation is a qualifying activity, and the
criteria, if any, for such a determination.
(C) Whether a time limit from the date of loss for
providing such assistance should be prescribed.
(D) Whether only monetary or other types of
assistance should be authorized, and what types of
nonmonetary assistance, if any, should be authorized.
(E) Whether monetary value limits should be placed
on the assistance that may be provided, or whether the
determination to provide assistance and, if so, the
monetary value of such assistance, should be based, in
whole or in part, on a legal advisor's assessment of the
facts.
(F) Whether a written record of the determination to
provide or to not provide such assistance should be
maintained and a copy made available to the civilian
foreign national.
(G) Whether in the event of a determination to not
provide such assistance the civilian foreign national
should be afforded the option of a review of the
determination by a higher ranking authority.

(c) Recommendations.--The Secretary shall include in the report such
recommendations as the Secretary considers appropriate for legislative
or administrative action with respect to the matters discussed in the
report.
(d) Submission of Report.--The report shall be submitted not later
than 180 days after the date of the enactment of this Act. The report
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 1231. ASSESSMENT AND REPORT ON UNITED STATES-PAKISTAN
MILITARY RELATIONS AND COOPERATION.

(a) Assessment Required.--The Secretary of Defense, in consultation
with the Secretary of State, shall conduct an assessment of possible
alternatives to reimbursements to Pakistan for logistical, military, or
other support provided by Pakistan to or in connection with United
States military operations, which could encourage the Pakistani military
to undertake counterterrorism and counterinsurgency operations and
achieve the goals and objectives for long-term United States-Pakistan
military relations and cooperation.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to

[[Page 123 STAT. 2531]]

the appropriate congressional committees a report on the assessment
required under subsection (a).
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex if
necessary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
SEC. 1232. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN
PAKISTAN.

(a) Report Required.-- <<NOTE: President.>> The President shall
submit to Congress a report on the progress toward long-term security
and stability in Pakistan. The report required under this subsection
shall be submitted concurrent with the submission of each report under
section 1232 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 392), as amended by section 1217 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4634), on or after the date of the
enactment of this Act.

(b) Elements.--The report required under subsection (a) shall
address, at a minimum, the following elements:
(1) The effectiveness of efforts to achieve the following
strategic goals:
(A) To disrupt, dismantle, and defeat al Qa'ida, its
affiliated networks, and other extremist forces in
Pakistan.
(B) To eliminate the safe havens for such forces in
Pakistan.
(C) To prevent the return of such forces to Pakistan
or Afghanistan.
(2) The effectiveness of United States security assistance
to Pakistan to achieve the strategic goals described in
paragraph (1).
(3) For any strategic goal addressed under this subsection,
a description of any additional goals and objectives, and the
timelines for meeting such goals and objectives.
(4) A description of the metrics used to assess progress
toward each goal and objective and along each timeline described
in paragraph (3).

(c) Form.--The report required under subsection (a) shall be
transmitted in unclassified form, but may contain a classified annex if
necessary.
SEC. 1233. REPEAL OF GAO WAR-RELATED REPORTING REQUIREMENT.

Section 1221(c) of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3462) <<NOTE: 10 USC 113
note.>> is amended by striking the following: ``Based on these reports,
the Comptroller General shall provide to Congress quarterly updates on
the costs of Operation Iraqi Freedom and Operation Enduring Freedom.''.

[[Page 123 STAT. 2532]]

SEC. 1234. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE
DEFENSE SERVICES TO THE MILITARY AND
SECURITY FORCES OF IRAQ AND AFGHANISTAN.

(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, is authorized to transfer defense articles from
the stocks of the Department of Defense, without reimbursement from the
Government of Iraq or the Government of Afghanistan, and to provide
defense services in connection with the transfer of such defense
articles, to--
(1) the military and security forces of Iraq to support the
efforts of those forces to restore and maintain peace and
security in that country; and
(2) the military and security forces of Afghanistan to
support the efforts of those forces to restore and maintain
peace and security in that country.

(b) Limitations.--
(1) Value.--The aggregate replacement value of all defense
articles transferred and defense services provided under
subsection (a) may not exceed $750,000,000.
(2) Source of transferred defense articles.--The authority
under subsection (a) may only be used for defense articles
that--
(A)(i) were present in Iraq as of the date of the
enactment of this Act;
(ii) immediately before the transfer were in use to
support operations in Iraq; and
(iii) are no longer required by United States forces
in Iraq; or
(B)(i) were present in Kuwait as of the date of
enactment of this Act;
(ii) prior to being transferred to Kuwait were in
use to support operations in Iraq; and
(iii) are no longer required by United States forces
in Iraq or Kuwait (as the case may be).

(c) Applicable Law.--Any defense articles transferred or defense
services provided to Iraq or Afghanistan under the authority of
subsection (a) shall be subject to the authorities and limitations
applicable to excess defense articles under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), other than the authorities and
limitations contained in subsections (b)(1)(B), (e), (f), and (g) of
such section.
(d) Report.--
(1) In general.-- <<NOTE: Time period.>> The Secretary of
Defense may not exercise the authority under subsection (a)
until 30 days after the Secretary of Defense, with the
concurrence of the Secretary of State, provides the appropriate
congressional committees a report on the plan for the
disposition of equipment and other property of the Department of
Defense in Iraq or Kuwait (as the case may be).
(2) Elements of report.--The report required under paragraph
(1) shall include the following elements:
(A) An assessment of--
(i) the types and quantities of defense
articles required by the military and security
forces of Iraq to support the efforts of those
military and security forces to restore and
maintain peace and security in Iraq; and

[[Page 123 STAT. 2533]]

(ii) the types and quantities of defense
articles required by the military and security
forces of Afghanistan to support the efforts of
those military and security forces to restore and
maintain peace and security in Afghanistan.
(B) A description of the authorities available for
addressing the requirements identified in subparagraph
(A).
(C) A description of the process for inventorying
equipment and property, including defense articles, in
Iraq or Kuwait owned by the Department of Defense,
including equipment and property owned by the Department
of Defense and under the control of contractors in Iraq.
(D) A description of the types of defense articles
that the Department of Defense intends to transfer to
the military and security forces of Iraq and an estimate
of the quantity of such defense articles to be
transferred.
(E) A description of the types of defense articles
that the Department of Defense intends to transfer to
the military and security forces of Afghanistan and an
estimate of the quantity of such defense articles to be
transferred.
(F) A description of the process by which potential
requirements, including requirements related to
responding to natural disasters and other domestic
emergencies in the continental United States, for
defense articles to be transferred under the authority
provided in subsection (a), other than the requirements
of the security forces of Iraq or Afghanistan, are
identified and the mechanism for resolving any potential
conflicting requirements for such defense articles.
(G) A description of the plan, if any, for
reimbursing military departments from which non-excess
defense articles are transferred under the authority
provided in subsection (a).
(H) An assessment of the efforts by the Government
of Iraq to identify the requirements of the military and
security forces of Iraq for defense articles to support
the efforts of those forces to restore and maintain
peace and security in that country.
(I) An assessment of the ability of the Governments
of Iraq and Afghanistan to absorb the costs associated
with possessing and using the defense articles to be
transferred.
(J) A description of the steps taken by the
Government of Iraq to procure or acquire defense
articles to meet the requirements of the military and
security forces of Iraq, including through military
sales from the United States.

(e) Notification.--
(1) In general.-- <<NOTE: Time period.>> The Secretary of
Defense may not transfer defense articles or provide defense
services under subsection (a) until 15 days after the date on
which the Secretary of Defense, with the concurrence of the
Secretary of State, has provided notice of the proposed transfer
of defense articles or provision of defense services to the
appropriate congressional committees.
(2) Contents.--Such notification shall include--

[[Page 123 STAT. 2534]]

(A) a description of the amount and type of each
defense article to be transferred or defense services to
be provided;
(B) a statement describing the current value of such
article and the estimated replacement value of such
article;
(C) a description of whether the article is
considered to be an excess defense article or a non-
excess defense article;
(D) an identification of the military department
from which the defense articles being transferred are
drawn;
(E) an identification of the element of the military
or security force that is the proposed recipient of each
defense article to be transferred or defense service to
be provided; and
(F) <<NOTE: Certification. Determination.>> a
certification and determination by the Secretary of
Defense that--
(i) the defense articles to be transferred are
required by the military and security forces of
Iraq or the military and security forces of
Afghanistan, as applicable, to build their
capacity to restore and maintain peace and
security in their country;
(ii) the government of the recipient country
has agreed to accept and take possession of the
defense articles to be transferred and to receive
the defense services in connection with that
transfer; and
(iii) the proposed transfer of such defense
articles and the provision of defense services in
connection with such transfer is in the national
interest of the United States.

(f) Quarterly Report.--
(1) In general.--Not later than 90 days after the date of
the report provided under subsection (d), and every 90 days
thereafter during fiscal year 2010, the Secretary of Defense
shall report to the appropriate congressional committees on the
implementation of the authority under subsection (a). The report
shall include the replacement value of defense articles
transferred pursuant to subsection (a), both in the aggregate
and by military department, and services provided to Iraq and
Afghanistan during the previous 90 days.
(2) Inclusion in other report.--The report required under
paragraph (1) may be included in the report required under
section 9204 of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 122 Stat. 2410) or any follow on report to
such other report.

(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Affairs
of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
(2) Defense articles.--The term ``defense articles'' has the
meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(d)).

[[Page 123 STAT. 2535]]

(3) Defense services.--The term ``defense services'' has the
meaning given the term in section 644(f) of such Act (22 U.S.C.
2403(f)).
(4) Military and security forces.--The term ``military and
security forces'' means national armies, national air forces,
national navies, national guard forces, police forces and border
security forces, but does not include non-governmental or
irregular forces (such as private militias).

(h) Expiration.--The authority provided under subsection (a) may not
be exercised after September 30, 2010.
(i) Excess Defense Articles.--
(1) Additional authority.--The authority provided by
subsection (a) is in addition to the authority provided by
section 516 of the Foreign Assistance Act of 1961.
(2) Aggregate value.--The value of excess defense articles
transferred to Iraq or Afghanistan during fiscal year 2010
pursuant to section 516 of the Foreign Assistance Act of 1961
shall not be counted against the limitation on the aggregate
value of excess defense articles transferred contained in
subsection (g) of such Act or against the limitation on the
aggregate value of defense articles transferred contained in
subsection (b)(1) of this section.

(j) Rule of Construction.--Nothing in this section shall be
construed as to provide the authority to refurbish, transport, or
otherwise assist in the transfer to Iraq or Afghanistan of excess
defense articles outside of Iraq or Kuwait as of the date of the
enactment of this Act.
SEC. 1235. ANALYSIS OF REQUIRED FORCE LEVELS AND TYPES OF FORCES
NEEDED TO SECURE SOUTHERN AND EASTERN
REGIONS OF AFGHANISTAN.

(a) Study Required.--The Secretary of Defense may, in support of the
Commander of United States Forces for Afghanistan (USFOR-A), enter into
a contract with a Federally Funded Research Development Center (FFRDC)
to provide an analysis of the required force levels and types of forces
needed to implement the Commander's strategic objectives in Afghanistan,
including securing the southern and eastern regions of Afghanistan in
order to provide a space for the Government of Afghanistan to establish
effective government control and provide the Afghan security forces with
the required training and mentoring.
(b) Funding.--From funds made available for the Department of
Defense by section 301(5) for operation and maintenance, Defense-wide
activities, $3,000,000 may be used to carry out subsection (a).
SEC. 1236. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND
STABILITY IN AFGHANISTAN.

(a) Report Required.--Subsection (a) of section 1230 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 385) is amended by striking ``2010'' and inserting ``2011''.
(b) Matters to Be Included: Strategic Direction of United States
Activities Relating to Security and Stability in Afghanistan.--
Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and

[[Page 123 STAT. 2536]]

(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) A description of commitments or agreements by
NATO ISAF countries regarding the following:
``(i) Mutually agreed upon goals.
``(ii) Strategies to achieve such goals.
``(iii) Resource and force requirements.
``(iv) Commitments and pledges of support
regarding troops and resource levels.'';
(2) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Non-nato isaf troop-contributing countries.--A
description of commitments or agreements with non-NATO ISAF
troop-contributing countries regarding the following:
``(A) Mutually agreed upon goals.
``(B) Strategies to achieve such goals.
``(C) Resource and force requirements.
``(D) Commitments and pledges of support regarding
troops and resource levels.''.

(c) Matters to Be Included: Performance Indicators and Measures of
Progress Toward Sustainable Long-term Security and Stability in
Afghanistan.--Subsection (d)(2) of such section is amended--
(1) in subparagraph (A), by striking ``individual NATO ISAF
countries'' and inserting ``each individual NATO ISAF country'';
(2) by redesignating subparagraphs (C) through (K) as
subparagraphs (D) through (L), respectively;
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) With respect to non-NATO ISAF troop-
contributing countries, a listing of contributions from
each individual country, including levels of troops and
equipment, the effect of contributions on operations,
and unfulfilled commitments.'';
(4) by redesignating subparagraphs (F) through (L) (as
redesignated) as subparagraphs (G) through (M), respectively;
(5) by inserting after subparagraph (E) (as redesignated)
the following new subparagraph:
``(F) An assessment of progress in ending the
ability of the insurgency (including the Taliban, Al
Qaeda, and other anti-government elements), to establish
control over the population of Afghanistan or regions of
Afghanistan and establish safe havens in Afghanistan,
and to conduct attacks inside or outside Afghanistan
from such safe havens.''; and
(6) in subparagraph (J) (as redesignated)--
(A) by redesignating clause (ii) as clause (iv); and
(B) by inserting after clause (i) the following:
``(ii) The coordination of reconstruction and
development activities in Afghanistan, including--
``(I) the roles of members of the
Armed Forces and non-Armed Forces
personnel within the staffing of United
States-led Provincial Reconstruction
Teams;

[[Page 123 STAT. 2537]]

``(II) the use of members of the
Armed Forces for reconstruction,
development, and capacity building
programs outside the jurisdiction of the
Department of Defense; and
``(III) the coordination between
United States-led and other
international-led programs to develop
the capacity of national, provincial,
and local government and other civil
institutions as well as reconstruction
and development activities in
Afghanistan.
``(iii) Unfilled staffing and resource
requirements for United States reconstruction,
development, and civil institution capacity
building programs.''.

(d) Conforming Amendment.--Subsection (d)(2) of such section, as
amended, is further amended in subparagraph (K) (as redesignated) by
striking ``subsection (c)(4)'' and inserting ``subsection (c)(5)''.
(e) Effective Date.--The amendments made by this section shall apply
with respect to any report required to be submitted under section 1230
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 385) after December 31, 2009.
SEC. 1237. NO PERMANENT MILITARY BASES IN AFGHANISTAN.

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

Subtitle C--Other Matters

SEC. 1241. REPORT ON UNITED STATES ENGAGEMENT WITH IRAN.

(a) In General.-- <<NOTE: President.>> Not later than January 31,
2010, the President shall submit to Congress a report on United States
engagement with Iran.

(b) Elements.--The report required by subsection (a) shall include
the following:
(1) Diplomatic engagement.--With respect to diplomatic
engagement, the following:
(A) A description of areas of mutual interest to the
Government of the United States and the Government of
the Islamic Republic of Iran in which cooperation and
discussion could be of mutual interest.
(B) A discussion and assessment of the commitment of
the Government of the Islamic Republic of Iran to engage
in good-faith discussions with the United States to
resolve matters of concern through negotiation.
(C) An assessment of direct contacts between the
Government of the United States and the Government of
the Islamic Republic of Iran, including any direct
discussions, exchange of letters, or other activities.
(2) Support for terrorism.--An assessment of the types and
amount of support provided by Iran to groups designated by the
United States as foreign terrorist organizations and

[[Page 123 STAT. 2538]]

regional militant groups, including organizations and groups
present in Iraq and Afghanistan.
(3) Nuclear activities.--With respect to nuclear activities,
an assessment of the extent to which the Government of the
Islamic Republic of Iran has complied with United Nations
Security Council Resolutions 1696 (2006), 1737 (2006), 1747
(2007), 1803 (2008), and 1835 (2008), and with any other
applicable resolutions adopted by the United Nations Security
Council as of the date of the report.
(4) Missile activities.--With respect to missile activities,
an assessment of the extent to which the Government of the
Islamic Republic of Iran has continued development of its
ballistic missile program, including participation in any
imports or exports of any items, materials, goods, and
technologies related to that program and has complied with
applicable United Nations Security Council Resolutions.
(5) Support to narcotics network in afghanistan.--With
respect to support to the narcotics network in Afghanistan, an
assessment of the extent to which the Government of the Islamic
Republic of Iran, or agencies under that government, has or have
supported or facilitated the narcotics trade in Afghanistan.
(6) Sanctions against iran.--With regard to sanctions
against Iran--
(A) a list of all current United States bilateral
and multilateral sanctions against Iran;
(B) a description and discussion of United States
diplomatic efforts to enforce bilateral and multilateral
sanctions against Iran and to strengthen international
efforts to enforce such sanctions;
(C) an assessment of the impact and effectiveness of
existing bilateral and multilateral sanctions against
Iran in achieving United States goals;
(D) a list of all United States and foreign
registered entities that the Secretary of State has
determined to be engaged in activities in violation of
existing United States bilateral or multilateral
sanctions against Iran; and
(E) a summary of United States efforts to enforce
sanctions against Iran, including--
(i) a list of all investigations initiated in
the 18-month period ending on the date of the
enactment of this Act that have resulted in a
determination that activities subject to sanctions
have occurred; and
(ii) a description of the actions taken by the
United States Government pursuant to each such
determination.

(c) Submittal of Similar Reports and Materials.--If any report or
other material, whether required by law or not, submitted to Congress or
any committee of Congress substantially responds to any requirement
contained in this section, such requirement shall be considered to have
been satisfied by including in the report required by subsection (a) a
listing the title and date of the other such report or material so
submitted.
(d) Submittal in Classified Form.--The report required by subsection
(a), or any part of such report, may be submitted in classified form if
the President considers it appropriate.

[[Page 123 STAT. 2539]]

SEC. 1242. <<NOTE: Success in Countering Al Qaeda Reporting
Requirements Act of 2009.>> ANNUAL
COUNTERTERRORISM STATUS REPORTS.

(a) Short Title.--This section may be cited as the ``Success in
Countering Al Qaeda Reporting Requirements Act of 2009''.
(b) Annual Counterterrorism Status Reports.--
(1) In general.-- <<NOTE: President.>> Not later than
September 30, 2010, and every September 30 thereafter until
September 30, 2012, the President shall submit to Congress a
report that contains, for the most recent 12-month period, a
review of the counterterrorism strategy of the United States
Government, including--
(A) a <<NOTE: Assessment.>> detailed assessment of
the scope, status, and progress of United States
counterterrorism efforts in fighting Al Qaeda and its
related affiliates and undermining long-term support for
violent extremism;
(B) a judgment on the adequacy of interagency
integration of the counterterrorism programs and
activities of the Department of Defense, the Central
Intelligence Agency, the Department of State, the
Department of the Treasury, the Department of Homeland
Security, the Department of Justice, and other Federal
departments and agencies and the balance of resource
commitments among such departments and agencies;
(C) a delineation of the boundaries and integration
between--
(i) the strategic operational planning role of
the National Counterterrorism Center (NCTC) for
counterterrorism;
(ii) the operational planning role of the
Department of Defense and, if applicable, the
Central Intelligence Agency, for counterinsurgency
and foreign internal defense;
(iii) the operational planning role of the
Department of State and other Federal departments
and agencies for diplomacy and foreign assistance
to promote stability, human rights, prosperity,
and other general United States foreign policy
goals; and
(iv) the role of the President's National
Security Council staff to coordinate the national
security interagency process;
(D) <<NOTE: Determination.>> a determination of
whether the NCTC exercises the authority and has the
resources and expertise required to fulfill the
interagency strategic and operational planning role
described in section 119(j) of the National Security Act
of 1947 (50 U.S.C. 404o), as added by section 1012 of
the National Security Intelligence Reform Act of 2004
(title I of Public Law 108-458);
(E) a description of the efforts of the United
States Government to combat Al Qaeda and its related
affiliates and undermine violent extremist ideology,
which shall include--
(i) a specific list of the President's highest
global counterterrorism priorities;
(ii) a description of the most challenging
areas for progress, in meeting the priorities
described in clause (i); and
(iii) efforts in those countries in which the
President determines that--

[[Page 123 STAT. 2540]]

(I) Al Qaeda and its related
affiliates have a presence; or
(II) acts of international terrorism
have been perpetrated by Al Qaeda and
its related affiliates;
(F) a specific list of United States
counterterrorism efforts, and the specific status and
achievements of such efforts, through integrated
military, financial, political, intelligence,
paramilitary, economic, and law enforcement elements,
relating to--
(i) bilateral security and training programs;
(ii) law enforcement and border security;
(iii) the disruption of terrorist networks;
and
(iv) the denial of terrorist safe havens and
sanctuaries;
(G) a description of United States Government
activities to counter terrorist recruitment and
radicalization, including coordinated interagency--
(i) strategic communications;
(ii) public diplomacy;
(iii) support for economic development and
political reform; and
(iv) other efforts aimed at influencing public
opinion;
(H) United States Government initiatives to
eliminate direct and indirect international financial
support for the activities of terrorist groups;
(I) activities by foreign governments to combat Al
Qaeda and its related affiliates and undermine violent
extremism, and the extent of their cooperation with the
United States Government;
(J) an analysis of the extent to which specific
Federal appropriations--
(i) have been mapped to agency tasks as
directed in the NCTC's National Implementation
Plan;
(ii) have produced tangible, calculable
results in efforts to combat and defeat Al Qaeda,
its related affiliates, and its violent ideology;
or
(iii) contribute to investments that have
expected payoffs in the medium- to long-term;
(K) statistical assessments, including those
developed by the National Counterterrorism Center, on
the number of individuals belonging to Al Qaeda and its
related affiliates that have been killed, injured, or
taken into custody as a result of United States and
foreign government counterterrorism efforts as compared
to estimates of the total number of personnel belonging
to Al Qaeda and its related affiliates; and
(L) a concise summary of the methods used by all
elements of the United States Government to assess and
evaluate progress in the Nation's overall
counterterrorism efforts, including the use of specific
measures, metrics, and indices.
(2) Interagency cooperation.-- <<NOTE: President.>> In
preparing a report under this subsection, the President shall
include relevant information maintained by--
(A) the National Counterterrorism Center and the
National Counterproliferation Center;

[[Page 123 STAT. 2541]]

(B) the Department of Justice, including the Federal
Bureau of Investigation;
(C) the Department of State;
(D) the Department of Defense;
(E) the Department of Homeland Security;
(F) the Department of the Treasury;
(G) the Office of the Director of National
Intelligence, including the Central Intelligence Agency;
(H) the Office of Management and Budget;
(I) the United States Agency for International
Development; and
(J) any other Federal department that maintains
relevant information.
(3) Report classification.--Each report required under this
subsection shall be submitted in an unclassified form, to the
maximum extent practicable, and accompanied by a classified
appendix, as appropriate.
SEC. 1243. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED
NATIONS.

Section 1225 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2424) is amended--
(1) in subsection (a), by striking ``until December 31,
2010, the President shall submit'' and inserting ``until
September 30, 2011, the Director of the Office of Management and
Budget shall submit''; and
(2) by adding at the end the following:

``(c) Public Availability of Information.-- <<NOTE: Web
posting.>> The Director of the Office of Management and Budget shall
post a public version of each report submitted under subsection (a) on a
text-based searchable and publicly available Internet Web site.''.
SEC. 1244. NATO SPECIAL OPERATIONS COORDINATION CENTER.

(a) Authorization.--Of the amounts authorized to be appropriated for
fiscal year 2010 pursuant to section 301(1) for operation and
maintenance for the Army, to be derived from amounts made available for
support of North Atlantic Treaty Organization (hereinafter in this
section referred to as ``NATO'') operations, the Secretary of Defense is
authorized to use up to $30,000,000 for the purposes set forth in
subsection (b).
(b) Purposes.--The Secretary shall provide funds for the NATO
Special Operations Coordination Center (hereinafter in this section
referred to as the ``NSCC'') to--
(1) improve coordination and cooperation between the special
operations forces of NATO nations;
(2) facilitate joint operations by the special operations
forces of NATO nations;
(3) support special operations forces peculiar command,
control, and communications capabilities;
(4) promote special operations forces intelligence and
informational requirements within the NATO structure; and
(5) promote interoperability through the development of
common equipment standards, tactics, techniques, and procedures,
and through execution of a multinational education and training
program.

(c) <<NOTE: Deadline.>> Certification.--Not less than 180 days after
the date of enactment of this Act, the Secretary shall certify to the
Committees

[[Page 123 STAT. 2542]]

on Armed Services of the Senate and House of Representatives that the
Secretary of Defense has assigned executive agent responsibility for the
NSCC to an appropriate organization within the Department of Defense,
and detail the steps being undertaken by the Department of Defense to
strengthen the role of the NSCC in fostering special operations
capabilities within NATO.
SEC. 1245. ANNUAL REPORT ON MILITARY POWER OF IRAN.

(a) Annual Report.--Not later than January 30 of each year, the
Secretary of Defense shall submit to Congress a report, in both
classified and unclassified form, on the current and future military
strategy of Iran.
(b) Matters to Be Included.--The report required under subsection
(a) shall include a description of the security posture of Iran,
including at least the following:
(1) A description and assessment of Iranian grand strategy,
security strategy, and military strategy, including--
(A) the goals of Iran's grand strategy, security
strategy, and military strategy.
(B) trends in Iran's strategy that would be designed
to establish Iran as the leading power in the Middle
East and to enhance the influence of Iran in other
regions of the world; and
(C) Iranian strategy regarding other countries in
the region, including other specified countries.
(2) An assessment of the capabilities of Iran's conventional
forces, including--
(A) the size and capabilities of Iran's conventional
forces;
(B) an analysis of the effectiveness of Iran's
conventional forces when facing United States forces in
the region and other specified countries;
(C) a description of Iranian military doctrine; and
(D) an estimate of the funding provided for each
branch of Iran's conventional forces.
(3) An assessment of Iran's unconventional forces and
related activities, including--
(A) the size and capability of Iranian special
operations units, including the Iranian Revolutionary
Guard Corps-Quds Force;
(B) the types and amount of support, including
funding, lethal and non-lethal supplies, and training,
provided to groups designated by the United States as
foreign terrorist organizations and regional militant
groups, including Hezbollah, Hamas, and the Special
Groups in Iraq, in particular those forces as having
been assessed as to be willing to carry out terrorist
operations on behalf of Iran or in response to a
military attack by another country on Iran;
(C) an analysis of the effectiveness of Iran's
unconventional forces when facing United States forces
in the region and other specified countries in the
region; and
(D) an estimate of the amount of funds spent by Iran
to develop and support special operations forces and
terrorist groups.
(4) An assessment of Iranian capabilities related to nuclear
and missile forces, including--

[[Page 123 STAT. 2543]]

(A) a summary of nuclear weapons capabilities and
developments in the preceding year;
(B) a summary of the capabilities of Iran's
ballistic missile forces, including developments in the
preceding year, the size of Iran's ballistic missile
forces and Iran's cruise missile forces, and the
locations of missile launch sites;
(C) a detailed analysis of the effectiveness of
Iran's ballistic missile forces and Iran's cruise
missile forces when facing United States forces in the
region and other specified countries; and
(D) an estimate of the amount of funding expended by
Iran since 2004 on programs to develop a capability to
build nuclear weapons or to enhance Iran's ballistic
missile forces.

(c) Definitions.--In this section:
(1) Iran's conventional forces.--The term ``Iran's
conventional forces''--
(A) means military forces of the Islamic Republic of
Iran designed to conduct operations on sea, air, or
land, other than Iran's unconventional forces and Iran's
ballistic missile forces and Iran's cruise missile
forces; and
(B) includes Iran's Army, Iran's Air Force, Iran's
Navy, and elements of the Iranian Revolutionary Guard
Corps, other than the Iranian Revolutionary Guard Corps-
Quds Force.
(2) Iran's unconventional forces.--The term ``Iran's
unconventional forces''--
(A) means forces of the Islamic Republic of Iran
that carry out missions typically associated with
special operations forces; and
(B) includes--
(i) the Iranian Revolutionary Guard Corps-Quds
Force; and
(ii) any organization that--
(I) has been designated a terrorist
organization by the United States;
(II) receives assistance from Iran;
and
(III)(aa) is assessed as being
willing in some or all cases of carrying
out attacks on behalf of Iran; or
(bb) is assessed as likely to carry
out attacks in response to a military
attack by another country on Iran.
(3) Iran's ballistic missile forces.--The term ``Iran's
ballistic missile forces'' means those elements of the military
forces of Iran that employ ballistic missiles.
(4) Iran's cruise missile forces.--The term ``Iran's cruise
missile forces'' means those elements of the military forces of
Iran that employ cruise missiles capable of flights less than
500 kilometers.
(5) Specified countries.--The term ``specified countries''
means the countries in the same geographic region as Iran,
including Israel, Lebanon, Syria, Jordan, Iraq, Afghanistan,
Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab Emirates,
Armenia, and Azerbaijan.

[[Page 123 STAT. 2544]]

(d) Termination.--The requirement to submit the report required
under subsection (a) shall terminate on December 31, 2014.
SEC. 1246. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.

(a) Annual Report.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 781; 10 U.S.C. 113 note) is amended--
(1) in the first sentence, by striking ``on the current and
future military strategy of the People's Republic of China'' and
inserting ``on military and security developments involving the
People's Republic of China'';
(2) in the second sentence--
(A) by striking ``on the People's Liberation Army''
and inserting ``of the People's Liberation Army''; and
(B) by striking ``Chinese grand strategy, security
strategy,'' and inserting ``Chinese security strategy'';
and
(3) by adding at the end the following new sentence: ``The
report shall also address United States-China engagement and
cooperation on security matters during the period covered by the
report, including through United States-China military-to-
military contacts, and the United States strategy for such
engagement and cooperation in the future.''.

(b) Matters to Be Included.--Subsection (b) of such section, as
amended by section 1263 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 407), is further
amended--
(1) in paragraph (1)--
(A) by striking ``goals of'' inserting ``goals and
factors shaping''; and
(B) by striking ``Chinese grand strategy, security
strategy,'' and inserting ``Chinese security strategy'';
(2) by amending paragraph (2) to read as follows:
``(2) Trends in Chinese security and military behavior that
would be designed to achieve, or that are inconsistent with, the
goals described in paragraph (1).'';
(3) in paragraph (6)--
(A) by inserting ``and training'' after ``military
doctrine''; and
(B) by striking ``, focusing on (but not limited to)
efforts to exploit a transformation in military affairs
or to conduct preemptive strikes''; and
(4) by adding at the end the following new paragraphs:
``(10) In consultation with the Secretary of Energy and the
Secretary of State, developments regarding United States-China
engagement and cooperation on security matters.
``(11) The current state of United States military-to-
military contacts with the People's Liberation Army, which shall
include the following:
``(A) A comprehensive and coordinated strategy for
such military-to-military contacts and updates to the
strategy.
``(B) A summary of all such military-to-military
contacts during the period covered by the report,
including a summary of topics discussed and questions
asked by the Chinese participants in those contacts.

[[Page 123 STAT. 2545]]

``(C) A description of such military-to-military
contacts scheduled for the 12-month period following the
period covered by the report and the plan for future
contacts.
``(D) The Secretary's assessment of the benefits the
Chinese expect to gain from such military-to-military
contacts.
``(E) The Secretary's assessment of the benefits the
Department of Defense expects to gain from such
military-to-military contacts, and any concerns
regarding such contacts.
``(F) The Secretary's assessment of how such
military-to-military contacts fit into the larger
security relationship between the United States and the
People's Republic of China.
``(12) Other military and security developments involving
the People's Republic of China that the Secretary of Defense
considers relevant to United States national security.''.

(c) Conforming Amendment.--Such section is further amended in the
heading by striking ``military power of'' and inserting ``military and
security developments involving''.
(d) Repeals.--Section 1201 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 779; 10 U.S.C. 168
note) is amended by striking subsections (e) and (f).
(e) <<NOTE: Applicability. 10 USC 113 note.>> Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act, and shall
apply with respect to reports required to be submitted under
subsection (a) of section 1202 of the National Defense
Authorization Act for Fiscal Year 2000, as so amended, on or
after that date.
(2) Strategy and updates for military-to-military contacts
with people's liberation army.--The requirement to include the
strategy described in paragraph (11)(A) of section 1202(b) of
the National Defense Authorization Act for Fiscal Year 2000, as
so amended, in the report required to be submitted under section
1202(a) of such Act, as so amended, shall apply with respect to
the first report required to be submitted under section 1202(a)
of such Act on or after the date of the enactment of this Act.
The requirement to include updates to such strategy shall apply
with respect to each subsequent report required to be submitted
under section 1202(a) of such Act on or after the date of the
enactment of this Act.
SEC. 1247. REPORT ON IMPACTS OF DRAWDOWN AUTHORITIES ON THE
DEPARTMENT OF DEFENSE.

(a) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate an annual report, in unclassified form but with a classified
annex if necessary, on the impacts of drawdown authorities on the
Department of Defense. The report required under this subsection shall
be submitted concurrent with the budget submitted to Congress by the
President pursuant to section 1105(a) of title 31, United States Code.
(b) Elements of Report.--The report required under subsection (a)
shall contain the following elements:

[[Page 123 STAT. 2546]]

(1) A list of each drawdown for which a presidential
determination was issued in the preceding year.
(2) A summary of the types and quantities of equipment that
was provided under each drawdown in the preceding year.
(3) The cost to the Department of Defense to replace any
equipment transferred as part of each drawdown, not including
any depreciation, in the preceding year.
(4) The cost to the Department of Defense of any other item,
including fuel or services, transferred as part of each drawdown
in the preceding year.
(5) The total amount of funds transferred under each
drawdown in the preceding year.
(6) An assessment by the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff of the impact of transfers
carried out as part of drawdowns in the previous year on--
(A) the ability of the Armed Forces to meet the
requirements of ongoing overseas contingency operations;
(B) the level of risk associated with the ability of
the Armed Forces to execute the missions called for
under the National Military Strategy as described in
section 153(b) of title 10, United States Code;
(C) the ability of the Armed Forces to reset from
current contingency operations;
(D) the ability of both the active and Reserve
forces to conduct necessary training; and
(E) the ability of the Reserve forces to respond to
domestic emergencies.

(c) Definitions.--In this section:
(1) Drawdown.--The term ``drawdown'' means any transfer or
package of transfers of equipment, services, fuel, funds or any
other items carried out pursuant to a presidential determination
issued under a drawdown authority.
(2) Drawdown authority.--The term ``drawdown authority''--
(A) means an authority under--
(i) section 506(a) (1) or (2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a) (1) or
(2));
(ii) section 552(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)); or
(iii) any other substantially similar
provision of law; but
(B) does not include the authority provided under
section 1234 (relating to authority to transfer defense
articles and provide defense services to the military
and security forces of Iraq and Afghanistan).

(d) Termination.--The requirement to submit the report required
under subsection (a) shall terminate on December 31, 2013.
SEC. 1248. RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL
POLICY.

(a) Assessment Required.--The Secretary of Defense and the Secretary
of State shall carry out an assessment of the national security risks of
removing satellites and related components from the United States
Munitions List.
(b) Matters to Be Included.--The assessment required under
subsection (a) shall included the following matters:

[[Page 123 STAT. 2547]]

(1) A review of the space and space-related technologies
currently on the United States Munitions List, to include
satellite systems, dedicated subsystems, and components.
(2) An assessment of the national security risks of removing
certain space and space-related technologies identified under
paragraph (1) from the United States Munitions List.
(3) An examination of the degree to which other nations'
export control policies control or limit the export of space and
space-related technologies for national security reasons.
(4) Recommendations for--
(A) the space and space-related technologies that
should remain on, or may be candidates for removal from,
the United States Munitions List based on the national
security risk assessment required paragraph (2);
(B) the safeguards and verifications necessary to--
(i) prevent the proliferation and diversion of
such space and space-related technologies;
(ii) confirm appropriate end use and end
users; and
(iii) minimize the risk that such space and
space-related technologies could be used in
foreign missile, space, or other applications that
may pose a threat to the security of the United
States; and
(C) improvements to the space export control policy
and processes of the United States that do not adversely
affect national security.

(c) Consultation.--In conducting the assessment required under
subsection (a), the Secretary of Defense and the Secretary of State may
consult with the heads of other relevant departments and agencies of the
United States Government as the Secretaries determine is necessary.
(d) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense and the Secretary of State shall
submit to the congressional defense committees and the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on the assessment required
under subsection (a). The report shall be in unclassified form but may
include a classified annex.
(e) Definition.--In this section, the term ``United States Munitions
List'' means the list referred to in section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
SEC. 1249. PATRIOT AIR AND MISSILE DEFENSE BATTERY IN POLAND.

(a) Findings.--Congress makes the following findings:
(1) On August 20, 2008, representatives of the governments
of the United States and Poland signed the ``Declaration on
Strategic Cooperation between the United States of America and
the Republic of Poland''.
(2) The Declaration on Strategic Cooperation states, among
other things, that the ``United States and Poland intend to
expand air and missile defense cooperation. In this regard, we
have agreed on an important new area of such cooperation
involving the deployment of a U.S. Army Patriot air and missile
defense battery in Poland. We intend to begin this cooperation
next year and to expand it with the aim of establishing by 2012
a garrison to support the U.S. Army Patriot battery. The
Government of Poland intends to provide an appropriate

[[Page 123 STAT. 2548]]

site, infrastructure, and facilities for this garrison
acceptable to both parties. Our cooperation in this area will
include joint training opportunities that will enhance Polish
air defense capabilities. In the coming months, we intend to
reach agreement on the specific arrangements that will enable
this cooperation to begin. These steps reflect the commitment of
the United States to an expanded defense relationship with
Poland.''.

(b) Sense of Congress.--It is the sense of Congress that the United
States and Poland should seek to implement the terms of the Declaration
on Strategic Cooperation, including cooperation on the deployment of a
United States Army Patriot air and missile defense battery in Poland.
(c) Report.--Not later than 180 days after the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report describing the status of cooperation on the
deployment of a United States Army Patriot air and missile defense
battery in Poland. The report shall be in unclassified form, but may
include a classified annex.
SEC. 1250. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE F-22A
FIGHTER AIRCRAFT.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Secretary of State and in consultation with the Secretary of
the Air Force, submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a report on potential
foreign military sales of the F-22A fighter aircraft.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate of the costs to the United States
Government, industry, and any foreign military sales customer of
developing an exportable version of the F-22A fighter aircraft.
(2) An assessment whether an exportable version of the F-22A
fighter aircraft is technically feasible and executable, and, if
so, a timeline for achieving an exportable version of the
aircraft.
(3) An assessment of the potential strategic implications of
permitting foreign military sales of the F-22A fighter aircraft.
(4) An identification of any modifications to current law
that are required to authorize foreign military sales of the F-
22A fighter aircraft.

(c) Additional Report Required.-- <<NOTE: Contracts.>> The Secretary
of Defense shall enter into an agreement with a federally funded
research and development center to submit, not later than 180 days after
the date of the enactment of this Act, to the committees identified in
subsection (a), through the Secretary of Defense, a report on the impact
of foreign military sales of the F-22A fighter aircraft on the United
States aerospace and aviation industry, and the advantages and
disadvantages of such sales for sustaining that industry.

[[Page 123 STAT. 2549]]

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.

(a) Report on the Plan for the Nuclear Weapons Stockpile, Nuclear
Weapons Complex, and Delivery Platforms.--
(1) Report required.-- <<NOTE: President.>> Not later than
30 days after the date of the enactment of this Act or at the
time a follow-on treaty to the Strategic Arms Reduction Treaty
(START Treaty) is submitted by the President to the Senate for
its advice and consent, whichever is later, the President shall
submit to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a report on the plan
to--
(A) enhance the safety, security, and reliability of
the nuclear weapons stockpile of the United States;
(B) modernize the nuclear weapons complex; and
(C) maintain the delivery platforms for nuclear
weapons.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A description of the plan to enhance the safety,
security, and reliability of the nuclear weapons
stockpile of the United States.
(B) A description of the plan to modernize the
nuclear weapons complex, including improving the safety
of facilities, modernizing the infrastructure, and
maintaining the key capabilities and competencies of the
nuclear weapons workforce, including designers and
technicians.
(C) A description of the plan to maintain delivery
platforms for nuclear weapons.
(D) An estimate of budget requirements, including
the costs associated with the plans outlined under
subparagraphs (A) through (C), over a 10-year period.

(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should maintain the stated position of the
United States that the follow-on treaty to the START Treaty not
include any limitations on the ballistic missile defense
systems, space capabilities, or advanced conventional weapons
systems of the United States;
(2) the enhanced safety, security, and reliability of the
nuclear weapons stockpile, modernization of the nuclear weapons
complex, and maintenance of the nuclear delivery systems are key
to enabling further reductions in the nuclear forces of the
United States; and
(3) the President should submit budget requests for fiscal
year 2011 and subsequent fiscal years for the programs of the
National Nuclear Security Administration of the Department of
Energy that are adequate to sustain the needed capabilities to
support the long-term maintenance of the nuclear stockpile of
the United States.

[[Page 123 STAT. 2550]]

SEC. 1252. MAP OF MINERAL-RICH ZONES AND AREAS UNDER THE CONTROL
OF ARMED GROUPS IN THE DEMOCRATIC
REPUBLIC OF THE CONGO.

(a) In General.-- <<NOTE: Deadline.>> Not later than 120 days after
the date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, should, consistent with the
recommendation from the United Nations Group of Experts on the
Democratic Republic of the Congo in their December 2008 report, work
with other member states of the United Nations and local and
international nongovernmental organizations--
(1) to produce a map of mineral-rich zones and areas under
the control of armed groups in the Democratic Republic of the
Congo;
(2) to make such map available to the public; and
(3) to provide to the appropriate congressional committees,
in classified form if necessary, an explanatory note describing
in general terms the sources of information on which the map is
based, the definition of the term ``control of armed groups''
utilized (for example, physical control of mines or forced labor
of civilians, control of trade routes, and taxation or extortion
of goods in transit), and the identification where possible of
the armed groups or other forces in control of the mines
depicted.

(b) Updates.--The Secretary of State should continue cooperation
with the international community and sustain the intent of the report of
the United Nations Group of Experts on the Democratic Republic of the
Congo by assisting in the regular updating of the map required by
subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1253. SENSE OF CONGRESS RELATING TO ISRAEL.

It is the sense of Congress that--
(1) Israel is one of the strongest allies of the United
States;
(2) the United States remains vigorously committed to
supporting Israel's welfare, security, and survival as a
democratic state;
(3) Israel and the United States face common enemies; and
(4) the United States should continue to provide critical
security assistance needed to address existential threats.
SEC. 1254. SENSE OF CONGRESS ON IMPOSING SANCTIONS WITH RESPECT TO
IRAN.

It is the sense of Congress that--
(1) the Government of Iran should--
(A) seize the historic offer put forward by
President Barack Obama to engage in direct diplomacy
with the United States;
(B) suspend all enrichment-related and reprocessing
activities, as directed by the United Nations Security
Council; and

[[Page 123 STAT. 2551]]

(C) come into full compliance with 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''), including the additional
protocol to the Treaty; and
(2) the President should consider the imposition of
additional, more restrictive sanctions on Iran if--
(A) the Government of Iran fails to enter into good
faith talks which result in progress toward compliance
with applicable United Nations Security Council
resolutions; and
(B) the United Nations Security Council has failed
to adopt significant and meaningful additional sanctions
on the Government of Iran.
SEC. 1255. REPORT AND SENSE OF CONGRESS ON NORTH KOREA.

(a) Report on Conduct of North Korea.-- <<NOTE: President.>> Not
later than 30 days after the date of the enactment of this Act, the
President shall submit to Congress a detailed report examining the
conduct of the Government of North Korea since June 26, 2008, based on
all available information, to determine whether North Korea meets the
statutory criteria for listing as a state sponsor of terrorism. The
report shall--
(1) present any credible evidence of support by the
Government of North Korea for acts of terrorism, terrorists, or
terrorist organizations;
(2) examine what steps the Government of North Korea has
taken to fulfill its June 10, 2008, pledge to prevent weapons of
mass destruction from falling into the hands of terrorists; and
(3) if North Korea does not meet the statutory criteria for
being listed as a state sponsor of terrorism, examine whether
re-listing North Korea as a state sponsor of terrorism would
undermine the effectiveness of the state sponsor of terrorism
designation in general and undermine United States efforts
regarding existing state sponsors of terrorism.

(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should--
(A) vigorously enforce United Nations Security
Council Resolutions 1718 (2006) and 1874 (2009) and
other sanctions in place with respect to North Korea
under United States law;
(B) urge all member states of the United Nations to
fully implement the sanctions imposed by United Nations
Security Council Resolutions 1718 and 1874; and
(C) explore the imposition of additional unilateral
and multilateral sanctions against North Korea in
furtherance of United States national security;
(2) the conduct of North Korea constitutes a threat to the
northeast Asian region and to international peace and security;
and
(3) if the United States determines that the Government of
North Korea has provided assistance to terrorists or engaged in
state sponsored acts of terrorism, the Secretary of State should
immediately list North Korea as a state sponsor of terrorism.

[[Page 123 STAT. 2552]]

(c) State Sponsor of Terrorism Defined.--For purposes of this
section, the term ``state sponsor of terrorism'' means a country that
has repeatedly provided support for acts of international terrorism for
purposes of--
(1) section 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.));
(2) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(3) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).
SEC. 1256. REPORT ON POTENTIAL MISSILE DEFENSE COOPERATION WITH
RUSSIA.

(a) Report Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
congressional defense committees a report setting forth
potential options for cooperation among or between the United
States, the North Atlantic Treaty Organization, and the Russian
Federation on ballistic missile defense.
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.

(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of proposals made by the United States,
the North Atlantic Treaty Organization, or the Russian
Federation since January 1, 2007, for potential missile defense
cooperation among or between such countries and that
organization, including data sharing, cooperative regional
missile defense architectures, joint exercises, and transparency
and confidence building measures.
(2) A description of options for the sharing by such
countries and that organization of ballistic missile
surveillance or early warning data, including data from the
Russian early warning radars at Gabala in Azerbaijan and Armavir
in southern Russia or other radars.
(3) An assessment of the potential for implementation of the
agreement between the United States and the Russian Federation
on the establishment of a Joint Data Exchange Center.
(4) An assessment of whether there is mutual interest in
modifying the agreement on the establishment of the Joint Data
Exchange Center to encompass other forms of cooperation.
(5) An assessment of the potential for missile defense
cooperation between the Russian Federation and the North
Atlantic Treaty Organization, including through the NATO-Russia
Council.
(6) An assessment of the potential security benefits to the
United States, Russia, and the North Atlantic Treaty
Organization of the cooperation described in paragraph (5).
(7) Such other matters as the Secretary considers
appropriate.

[[Page 123 STAT. 2553]]

Subtitle D-- <<NOTE: Victims of Iranian Censorship Act.>> VOICE Act
SEC. 1261. <<NOTE: 22 USC 6201 note.>> SHORT TITLE.

This subtitle may be cited as the ``Victims of Iranian Censorship
Act''or the ``VOICE Act''.
SEC. 1262. <<NOTE: 22 USC 6204 note.>> AUTHORIZATION OF
APPROPRIATIONS.

(a) International Broadcasting Operations Fund.--In addition to
amounts otherwise authorized for the Broadcasting Board of Governors'
International Broadcasting Operations Fund, there is authorized to be
appropriated $15,000,000 to expand Farsi language programming and to
provide for the dissemination of accurate and independent information to
the Iranian people through radio, television, Internet, cellular
telephone, short message service, and other communications.
(b) Broadcasting Capital Improvements Fund.--In addition to amounts
otherwise authorized for the Broadcasting Board of Governors'
Broadcasting Capital Improvements Fund, there is authorized to be
appropriated $15,000,000 to expand transmissions of Farsi language
programs to Iran.
(c) Use of Amounts.--In pursuit of the objectives described in
subsections (a) and (b), amounts in the International Broadcasting
Operations Fund and the Capital Improvements Fund may be used to--
(1) develop additional transmission capability for Radio
Farda and the Persian News Network to counter ongoing efforts to
jam transmissions, including through additional shortwave and
medium wave transmissions, satellite, and Internet mechanisms;
(2) develop additional proxy server capability and anti-
censorship software to counter efforts to block Radio Farda and
Persian News Network Web sites;
(3) develop technologies to counter efforts to block SMS
text message exchange over cellular phone networks;
(4) expand program coverage and analysis by Radio Farda and
the Persian News Network, including the development of broadcast
platforms and programs, on the television, radio and Internet,
for enhanced interactivity with and among the people of Iran;
(5) hire, on a permanent or short-term basis, additional
staff for Radio Farda and the Persian News Network; and
(6) develop additional Internet-based, Farsi-language
television programming, including a Farsi-language, Internet-
based news channel.
SEC. 1263. <<NOTE: 22 USC 6204 note.>> IRANIAN ELECTRONIC
EDUCATION, EXCHANGE, AND MEDIA FUND.

(a) Establishment.--There is established in the Treasury of the
United States the Iranian Electronic Education, Exchange, and Media Fund
(referred to in this section as the ``Fund''), consisting of amounts
appropriated to the Fund pursuant to subsection (f).
(b) Administration.--The Fund shall be administered by the Secretary
of State.
(c) Objective.--The objective of the Fund shall be to support the
development of technologies, including Internet Web sites, that will aid
the ability of the Iranian people to--
(1) gain access to and share information;

[[Page 123 STAT. 2554]]

(2) exercise freedom of speech, freedom of expression, and
freedom of assembly through the Internet and other electronic
media;
(3) engage in Internet-based education programs and other
exchanges between Americans and Iranians; and
(4) counter efforts--
(A) to block, censor, and monitor the Internet; and
(B) to disrupt or monitor cellular phone networks or
SMS text exchanges.

(d) Use of Amounts.--In pursuit of the objective described in
subsection (c), amounts in the Fund may be used for grants to United
States or foreign universities, nonprofit organizations, or companies
for targeted projects that advance the purpose of the Fund, including
projects that--
(1) develop Farsi-language versions of existing social-
networking Web sites;
(2) develop technologies, including Internet-based
applications, to counter efforts--
(A) to block, censor, and monitor the Internet; and
(B) to disrupt or monitor cellular phone networks or
SMS text message exchanges;
(3) develop Internet-based, distance learning programs for
Iranian students at United States universities; and
(4) promote Internet-based, people-to-people educational,
professional, religious, or cultural exchanges and dialogues
between United States citizens and Iranians.

(e) Transfers.--Amounts in the Fund may be transferred to the United
States Agency for International Development, the Broadcasting Board of
Governors, or any other agency of the Federal Government to the extent
that such amounts are used to carry out activities that will further the
objective described in subsection (c).
(f) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 to the Fund.
SEC. 1264. ANNUAL REPORT.

(a) In General.-- <<NOTE: President. Iran.>> Not later than 90 days
after the date of the enactment of this Act, and annually thereafter for
5 years, the President shall submit a report to Congress that provides a
detailed description of--
(1) United States-funded international broadcasting efforts
in Iran;
(2) efforts by the Government of Iran to block broadcasts
sponsored by the United States or other non-Iranian entities;
(3) efforts by the Government of Iran to monitor or block
Internet access, and gather information about individuals;
(4) plans by the Broadcasting Board of Governors for the use
of the amounts appropriated pursuant to section 1244,
including--
(A) the identification of specific programs and
platforms to be expanded or created; and
(B) satellite, radio, or Internet-based transmission
capacity to be expanded or created;
(5) plans for the use of the Iranian Electronic Education,
Exchange, and Media Fund;

[[Page 123 STAT. 2555]]

(6) a detailed breakdown of amounts obligated and disbursed
from the Iranian Electronic Media Fund and an assessment of the
impact of such amounts;
(7) the percentage of the Iranian population and of Iranian
territory reached by shortwave and medium-wave radio broadcasts
by Radio Farda and Voice of America and any other relevant
demographic information that can be ascertained about the
audience for such broadcasts;
(8) the Internet traffic from Iran to Radio Farda and Voice
of America Web sites; and
(9) the Internet traffic to proxy servers sponsored by the
Broadcasting Board of Governors, and the provisioning of surge
capacity.

(b) Classified Annex.--The report submitted under subsection (a) may
include a classified annex.
SEC. 1265. REPORT ON ACTIONS BY NON-IRANIAN COMPANIES.

(a) Report.-- <<NOTE: President.>> Not later than 180 days after the
date of the enactment of this Act, the President shall submit to
Congress a report on non-Iranian persons, including corporations with
United States subsidiaries, that, after the date of the enactment of
this Act, have knowingly or negligently provided hardware, software, or
other forms of assistance to the Government of Iran that has furthered
Iran's efforts to--
(1) filter online political content;
(2) disrupt cell phone and Internet communications; and
(3) monitor the online activities of Iranian citizens.

(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex if
necessary.
SEC. 1266. HUMAN RIGHTS DOCUMENTATION.

There are authorized to be appropriated $5,000,000 to the Secretary
of State to document, collect, and disseminate information about human
rights in Iran, including abuses of human rights that have taken place
since the Iranian presidential election conducted on June 12, 2009.

TITLE XIII--COOPERATIVE THREAT REDUCTION

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

(a) <<NOTE: 22 USC 5964 note.>> Specification of Cooperative Threat
Reduction Programs.--For purposes of section 301 and other provisions of
this Act, Cooperative Threat Reduction programs are the programs
specified in section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2362 note).

[[Page 123 STAT. 2556]]

(b) Fiscal Year 2010 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2010 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for fiscal years
2010, 2011, and 2012.
SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $424,093,000 authorized
to be appropriated to the Department of Defense for fiscal year 2010 in
section 301(20) for Cooperative Threat Reduction programs, the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$66,385,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,800,000.
(3) For nuclear weapons storage security in Russia,
$15,090,000.
(4) For nuclear weapons transportation security in Russia,
$46,400,000.
(5) For weapons of mass destruction proliferation prevention
in the states of the former Soviet Union, $90,886,000.
(6) For biological threat reduction in the former Soviet
Union, $152,132,000.
(7) For chemical weapons destruction, $3,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$17,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $21,400,000.

(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2010 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2010 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2010 for a purpose listed
in paragraphs (1) through (10) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose

[[Page 123 STAT. 2557]]

may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1303. <<NOTE: 22 USC 5952 note.>> UTILIZATION OF
CONTRIBUTIONS TO THE COOPERATIVE THREAT
REDUCTION PROGRAM.

(a) In General.--The Secretary of Defense, with the concurrence of
the Secretary of State, may enter into one or more agreements with any
person (including a foreign government, international organization,
multinational entity, or any other entity) that the Secretary of Defense
considers appropriate under which the person contributes funds for
activities conducted under the Cooperative Threat Reduction Program of
the Department of Defense.
(b) Retention and Use of Amounts.--Notwithstanding section 3302 of
title 31, United States Code, and subject to subsections (c) and (d),
the Secretary of Defense may retain and obligate or expend amounts
contributed pursuant to subsection (a) for purposes of the Cooperative
Threat Reduction Program of the Department of Defense. Amounts so
contributed shall be retained in a separate fund established in the
Treasury for such purposes and shall be available to be obligated or
expended without further appropriation.
(c) Return of Amounts Not Obligated or Expended Within Three
Years.--If the Secretary of Defense does not obligate or expend an
amount contributed pursuant to subsection (a) by the date that is three
years after the date on which the contribution was made, the Secretary
shall return the amount to the person who made the contribution.
(d) Notice to Congressional Defense Committees.--
(1) In general.--Not later than 30 days after receiving an
amount contributed pursuant to subsection (a), the Secretary
shall submit to the appropriate congressional committees a
notice--
(A) specifying the value of the contribution and the
purpose for which the contribution was made; and
(B) identifying the person who made the
contribution.
(2) Limitation on use of amounts.-- <<NOTE: Time
period.>> The Secretary may not obligate or expend an amount
contributed pursuant to subsection (a) until the date that is 15
days after the date on which the Secretary submits the notice
required by paragraph (1).

(e) Annual Report.--Not later than October 31 each year, the
Secretary of Defense shall submit to the appropriate congressional
committees a report on amounts contributed pursuant to subsection (a)
during the preceding fiscal year. Each such report shall include, for
the fiscal year covered by the report, the following:
(1) A statement of any amounts contributed pursuant to
subsection (a), including, for each such amount, the value of
the contribution and the identity of the person who made the
contribution.
(2) A statement of any amounts so contributed that were
obligated or expended by the Secretary, including, for each

[[Page 123 STAT. 2558]]

such amount, the purposes for which the amount was obligated or
expended.
(3) A statement of any amounts so contributed that were
retained but not obligated or expended, including, for each such
amount, the purposes (if known) for which the Secretary intends
to obligate or expend the amount.

(f) Implementation Plan.--The Secretary of Defense shall submit to
the appropriate congressional committees an implementation plan for the
authority provided under this section prior to obligating or expending
any amounts contributed pursuant to subsection (a). The Secretary shall
submit updates to such plan as needed.
(g) Termination.--The authority provided under this section shall
terminate on December 31, 2015.
(h) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1304. <<NOTE: 22 USC 5964.>> METRICS FOR THE COOPERATIVE
THREAT REDUCTION PROGRAM.

(a) Metrics Required.--The Secretary of Defense shall develop and
implement metrics to measure the impact and effectiveness of activities
of the Cooperative Threat Reduction Program of the Department of Defense
to address threats arising from the proliferation of chemical, nuclear,
and biological weapons and weapons-related materials, technologies, and
expertise.
(b) Secretary of Defense Report on Metrics.--Not later than 270 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a report
describing the metrics developed and implemented under subsection (a).
(c) National Academy of Sciences Assessment and Report on Metrics.--
(1) Assessment.--Not later than 30 days after the date on
which the report is submitted by the Secretary of Defense under
subsection (b), the Secretary shall enter into an arrangement
with the National Academy of Sciences under which the Academy
shall carry out an assessment to review the metrics developed
and implemented under subsection (a) and identify possible
additional or alternative metrics, if necessary.
(2) Report.--The National Academy of Sciences shall submit
to the appropriate congressional committees and the Secretary of
Defense a report on the results of the assessment carried out
under paragraph (1).
(3) Secretary of defense report.--
(A) Not later than 90 days after receipt of the
report required by paragraph (2), the Secretary shall
submit to the appropriate congressional committees a
report on the assessment carried out by the National
Academy of Sciences.

[[Page 123 STAT. 2559]]

(B) The report under subparagraph (A) shall include
the following:
(i) A summary of the results of the assessment
carried out under paragraph (1).
(ii) An evaluation by the Secretary of the
assessment.
(iii) A statement of the actions, if any, to
be undertaken by the Secretary to implement any
recommendations in the assessment.
(C) The report under subparagraph (A) shall be
submitted in unclassified form, but may include a
classified annex.

(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(20) or otherwise made
available for Cooperative Threat Reduction Programs for fiscal year
2010, not more than $1,000,000 may be obligated or expended to carry out
paragraphs (1) and (2) of subsection (c).
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1305. <<NOTE: 22 USC 5965.>> COOPERATIVE THREAT REDUCTION
PROGRAM AUTHORITY FOR URGENT THREAT
REDUCTION ACTIVITIES.

(a) In General.--Subject to the notification requirement under
subsection (b), not more than 10 percent of the total amounts
appropriated or otherwise made available in any fiscal year for the
Cooperative Threat Reduction Program of the Department of Defense may be
expended, notwithstanding any other law, for activities described under
subsection (b)(1)(B).
(b) Determination and Notice.--
(1) Determination.--The Secretary of Defense, with the
concurrence of the Secretary of State and the Secretary of
Energy, may make a written determination that--
(A) threats arising from the proliferation of
chemical, nuclear, and biological weapons or weapons-
related materials, technologies, and expertise must be
addressed urgently;
(B) certain provisions of law would unnecessarily
impede the Secretary's ability to carry out activities
of the Cooperative Threat Reduction Program of the
Department of Defense to address such threats; and
(C) it is necessary to expend amounts described in
subsection (a) to carry out such activities.
(2) Notice required.-- <<NOTE: Deadline.>> Not later than 15
days before obligating or expending funds under the authority
provided in subsection (a), the Secretary of Defense shall
notify the appropriate congressional committees of the
determination made under paragraph (1). The notice shall
include--
(A) the determination;
(B) the activities to be undertaken by the
Cooperative Threat Reduction Program;

[[Page 123 STAT. 2560]]

(c) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILITARY
CONTACTS PROGRAM.

(a) In General.-- <<NOTE: 22 USC 5952 note.>> The Secretary of
Defense shall ensure that the Defense and Military Contacts Program
under the Cooperative Threat Reduction Program of the Department of
Defense--
(1) is executed pursuant to a well-developed strategy for
advancing the mission of the Cooperative Threat Reduction
Program;
(2) is focused and expanded to support specific
relationship-building opportunities, which could lead to
Cooperative Threat Reduction Program development in new
geographic areas and achieve other Cooperative Threat Reduction
Program benefits;
(3) is directly administered as part of the Cooperative
Threat Reduction Program; and
(4) includes cooperation and coordination with--
(A) the unified combatant commands that operate in
areas in which Cooperative Threat Reduction activities
are carried out; and
(B) related diplomatic efforts.

(b) Cooperative Threat Reduction Annual Report.--Paragraph (8) of
section 1308(c) of the Floyd D. Spence National Defense Authorization
Act for fiscal year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-341; 22 U.S.C. 5959) is amended--
(1) by inserting ``, including under the Defense and
Military Contacts program,'' after ``programs''; and
(2) in subparagraph (B), by striking ``the purposes'' and
inserting ``the strategy''.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical agents and munitions destruction, defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Sec. 1407. Relation to funding table.

Subtitle B--National Defense Stockpile

Subtitle C--Armed Forces Retirement Home

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

[[Page 123 STAT. 2561]]

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $141,388,00.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,313,616,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for the fiscal year
2010 for the National Defense Sealift Fund in the amount of
$1,642,758,000.
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2010 for
expenses, not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, in the amount of $1,560,760,000, of which--
(1) $1,146,802,000 is for Operation and Maintenance;
(2) $401,269,000 is for Research, Development, Test, and
Evaluation; and
(3) $12,689,000 is for Procurement.

(b) Use.--Amounts authorized to be appropriated under subsection (a)
are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.

Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2010 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the
amount of $1,054,234,000.
SEC. 1405. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2010 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, in
the amount of $288,100,000, of which--
(1) $287,100,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
SEC. 1406. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2010 for expenses, not otherwise provided for,
for the Defense Health Program, in the amount of $28,033,093,000, of
which--
(1) $27,094,849,000 is for Operation and Maintenance;

[[Page 123 STAT. 2562]]

(2) $616,102,000 is for Research, Development, Test, and
Evaluation; and
(3) $322,142,000 is for Procurement.
SEC. 1407. RELATION TO FUNDING TABLE.

The amounts authorized to be appropriated by sections 1401, 1402,
1403, 1404, 1405, and 1406 shall be available, in accordance with the
requirements of section 4001, for projects, programs, and activities,
and in the amounts, specified in the funding table in section 4401.

Subtitle B--National Defense Stockpile

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

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

(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF COBALT
FROM NATIONAL DEFENSE STOCKPILE.

Section 3305(a)(5) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as most
recently amended by section 1412(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4648), is further amended by striking ``during fiscal year 2009''
and inserting ``by the end of fiscal year 2011''.
SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIGURATION OF THE
NATIONAL DEFENSE STOCKPILE.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on any actions the Secretary plans to take in response to the
recommendations contained in the report entitled ``Reconfiguration of
the National Defense Stockpile Report to Congress'' dated April 2009 and
submitted by the Under Secretary of Defense for Acquisition, Logistics,
and Technology, as required by House Report 109-89, House Report 109-
452, and Senate Report 110-115.

[[Page 123 STAT. 2563]]

(b) Contents of Report.-- The report required by subsection (a)
shall include the Secretary's recommendations for changes, based on the
findings of the April 2009 report, to statutes, regulations, and
policies, which the Secretary determines are necessary to enable the
implementation of the recommendations contained in the April 2009 report
or to improve Federal Government management of the National Defense
Stockpile in the interest of the National Security Strategy.
(c) Congressional Notification.--The Secretary may not take any
action regarding the implementation of any initiative recommended in the
report required by subsection (a) until 45 days after the Secretary
submits to the Committees on Armed Services of the Senate and House of
Representatives such report.

Subtitle C--Armed Forces Retirement Home

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

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

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

SEC. 1501. PURPOSE.

The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2010 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts of the Army in amounts as follows:

[[Page 123 STAT. 2564]]

(1) For aircraft procurement, $1,636,229,000.
(2) For missile procurement, $481,570,000.
(3) For weapons and tracked combat vehicles procurement,
$759,466,000.
(4) For ammunition procurement, $370,635,000.
(5) For other procurement, $5,600,326,000.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 2010 for the Joint Improvised Explosive
Device Defeat Fund in the amount of $2,099,850,000.
(b) Use and Transfer of Funds.--
<<NOTE: Applicability.>> Subsections (b) and (c) of section 1514 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2439), as amended by section 1503 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4649), shall apply to the funds
appropriated pursuant to the authorization of appropriations in
subsection (a) and made available to the Department of Defense for the
Joint Improvised Explosive Device Defeat Fund.

(c) Monthly Obligations and Expenditure Reports.--Not later than 15
days after the end of each month of fiscal year 2010, the Secretary of
Defense shall provide to the congressional defense committees a report
on the Joint Improvised Explosive Device Defeat Fund explaining monthly
commitments, obligations, and expenditures by line of action.
(d) Repeal of Superseded Reporting Requirement.--Section 1514 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2439), as amended by section 1503(e) of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4650), is amended by striking
subsection (e).
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts of the Navy and Marine Corps in amounts as
follows:
(1) For aircraft procurement, Navy, $903,197,000.
(2) For weapons procurement, Navy, $50,700,000.
(3) For ammunition procurement, Navy and Marine Corps,
$681,957,000.
(4) For other procurement, Navy, $293,018,000.
(5) For procurement, Marine Corps, $1,060,268,000.
SEC. 1505. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts of the Air Force in amounts as follows:
(1) For aircraft procurement, $780,441,000.
(2) For ammunition procurement, $256,819,000.
(3) For missile procurement, $36,625,000.
(4) For other procurement, $2,321,549,000.
SEC. 1506. 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
$6,056,000,000.

[[Page 123 STAT. 2565]]

SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the procurement account for Defense-wide activities in the amount of
$489,980,000.
SEC. 1508. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $57,962,000.
(2) For the Navy, $90,180,000.
(3) For the Air Force, $29,286,000.
(4) For Defense-wide activities, $115,826,000.
SEC. 1509. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $52,166,761,000.
(2) For the Navy, $6,219,583,000.
(3) For the Marine Corps, $3,701,600,000.
(4) For the Air Force, $10,026,868,000.
(5) For Defense-wide activities, $7,583,400,000.
(6) For the Army Reserve, $204,326,000.
(7) For the Navy Reserve, $68,059,000.
(8) For the Marine Corps Reserve, $86,667,000.
(9) For the Air Force Reserve, $125,925,000.
(10) For the Army National Guard, $321,646,000.
(11) For the Air National Guard, $289,862,000.
(12) For the Afghanistan Security Forces Fund,
$7,462,769,000.
SEC. 1510. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN
SECURITY FORCES FUND.

Funds appropriated pursuant to the authorization of appropriations
for the Afghanistan Security Forces Fund in section 1509(12) shall be
subject to the conditions contained in subsections (b) through (g) of
section 1513 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428).
SEC. 1511. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

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

Funds are hereby authorized to be appropriated for fiscal year 2010
to the Department of Defense for military personnel accounts in the
total amount of $14,146,341,000.
SEC. 1513. WORKING CAPITAL FUNDS.

[[Page 123 STAT. 2566]]

SEC. 1514. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2010 for expenses, not otherwise provided for,
for the Defense Health Program in the amount of $1,256,675,000 for
operation and maintenance.
SEC. 1515. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.

Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2010 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the
amount of $356,603,000.
SEC. 1516. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2010 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense in
the amount of $8,876,000.
SEC. 1517. RELATION TO FUNDING TABLES.

(a) Amounts for Procurement.--The amounts authorized to be
appropriated by sections 1502, 1503, 1504, 1505, 1506, and 1507 shall be
available, in accordance with the requirements of section 4001, for
projects, programs, and activities, and in the amounts, specified in the
funding table in section 4102.
(b) Amounts for Research, Development, Test, and Evaluation.--The
amounts authorized to be appropriated by section 1508 shall be
available, in accordance with the requirements of section 4001, for
projects, programs, and activities, and in the amounts, specified in the
funding table in section 4202.
(c) Amounts for Operation and Maintenance.--The amounts authorized
to be appropriated by section 1509 shall be available, in accordance
with the requirements of section 4001, for projects, programs, and
activities, and in the amounts, specified in the funding table in
section 4302.
(d) Other Amounts.--The amounts authorized to be appropriated by
sections 1513, 1514, 1515, and 1516 shall be available, in accordance
with the requirements of section 4001, for projects, programs, and
activities, and in the amounts, specified in the funding table in
section 4402.
SEC. 1518. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES
FUNDS FOR CERTAIN FACILITIES PROJECTS IN
IRAQ.

Section <<NOTE: Applicability.>> 1508(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4651) shall apply to funds authorized to be appropriated
by this title.
SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1520. SPECIAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.-- <<NOTE: Determination.>> Upon determination
by the Secretary of Defense that such action is necessary in the
national interest,

[[Page 123 STAT. 2567]]

the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2010 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that the
Secretary may transfer under the authority of this section may
not exceed $4,000,000,000.

(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.

TITLE XVII--DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION PROJECT

SEC. 1701. DEMONSTRATION PROJECT AUTHORITY.

(a) Executive Agreement Authorized.--Subject to subsection (b), the
Secretary of Defense, in consultation with the Secretary of the Navy,
and the Secretary of Veterans Affairs may execute a signed executive
agreement pursuant to section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
455) for the joint use by the Department of Defense and the Department
of Veterans Affairs of the following:
(1) A new Navy ambulatory care center (on which construction
commenced in July 2008), parking structure, and supporting
structures and facilities in North Chicago, Illinois, and Great
Lakes, Illinois.
(2) Medical personal property and equipment relating to the
center, structures, and facilities described in paragraph (1).

(b) Deadline for Entry Into Agreement.--The executive agreement
authorized by subsection (a) shall be entered into, if at all, by not
later than 180 days after the date of the enactment of this Act.
(c) Scope.--The executive agreement under subsection (a) shall--
(1) be a binding operational agreement on matters under the
areas specified in section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009; and
(2) contain additional terms and conditions as required by
the provisions of this title.

(d) Reports.--

[[Page 123 STAT. 2568]]

(1) Notice on agreement.--Not later than seven days before
executing an executive agreement under subsection (a), the
Secretary of Defense and the Secretary of Veterans Affairs shall
jointly submit to the appropriate committees of Congress a
report setting forth a copy of the proposed executive agreement.
(2) Final report.--Not later than 180 days after the fifth
anniversary of the date of the execution of the executive
agreement under subsection (a), the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the exercise of
the authorities in this title at the facility (as defined in
section 1702(a)(1)). The report shall include the following:
(A) A comprehensive description and assessment of
the exercise of the authorities in this title.
(B) The recommendation of the Secretaries as to
whether the exercise of the authorities in this title
should continue.
(3) Report on additional locations for similar agreements.--
Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to the appropriate committees of
Congress a report setting forth such recommendations as the
Secretaries jointly consider appropriate for additional
locations, if any, at which executive agreements like the
executive agreement under subsection (a) would be advisable.

(e) Comptroller General Reviews.--
(1) In general.-- <<NOTE: Deadlines.>> Not later than one
year after the execution of an executive agreement under
subsection (a), and annually thereafter, the Comptroller General
shall conduct a review and assessment of the following:
(A) The progress made in implementing the agreement.
(B) The effects of the agreement on the provision of
care and operation of the facility (as so defined).
(2) Reports.--Not later than 90 days after the commencement
of each review and assessment conducted under paragraph (1), the
Comptroller General shall submit to the appropriate committees
of Congress a report on such review and assessment. Each report
shall set forth the following:
(A) The results of such review and assessment.
(B) Such recommendations for modifications of the
executive agreement, or the authorities in this title,
as the Comptroller General considers appropriate in
light of the results of such review and assessment.

(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services and Veterans' Affairs
of the Senate; and
(2) the Committees on Armed Services and Veterans' Affairs
of the House of Representatives.
SEC. 1702. TRANSFER OF PROPERTY.

(a) Transfer.--
(1) Transfer authorized.--The Secretary of Defense, acting
through the Administrator of General Services, may transfer,
without reimbursement, to the Secretary of Veterans

[[Page 123 STAT. 2569]]

Affairs jurisdiction, custody, and control over the center,
structures, facilities, and property and equipment covered by
the executive agreement under section 1701 (hereafter in this
title referred to as the ``facility'').
(2) Date of transfer.--The transfer authorized by paragraph
(1) may not occur before the earlier of--
(A) the date that is five years after the date of
the execution under section 1701 of the executive
agreement under that section; or
(B) <<NOTE: Deadline.>> the date of the completion
of such specific benchmarks relating to the joint use by
the Department of Defense and the Department of Veterans
Affairs of the Navy ambulatory care center described in
section 1701(a)(1) as the Secretary of Defense (in
consultation with the Secretary of the Navy) and
Secretary of the Department of Veterans Affairs shall
jointly establish for purposes of this section not later
than 180 days after the date of the enactment of this
Act.
(3) Delay of transfer for completion of construction.--If
construction on the center, structures, and facilities described
in paragraph (1) is not complete as of the date specified in
subparagraph (A) or (B) of paragraph (2), as applicable, the
transfer of the center, structures, and facilities under that
paragraph may occur thereafter upon completion of the
construction.
(4) Discharge of transfer.-- <<NOTE: Deadline.>> The
Administrator of General Services shall complete the transfer as
authorized by this subsection not later than 30 days after
receipt of the request for the transfer.

(b) <<NOTE: Real property. Determination. Deadlines.>> Reversion.--
(1) In general.--If any of the real and related personal
property transferred pursuant to subsection (a) is subsequently
used for purposes other than those specified in the executive
agreement under section 1701, or is otherwise jointly determined
by the Secretary of Defense and the Secretary of Veterans
Affairs to be excess to the needs of the facility, the Secretary
of Veterans Affairs shall offer to transfer jurisdiction,
custody, and control over such property, without reimbursement,
to the Secretary of Defense. Any such transfer shall be carried
out by the Administrator of General Services not later than one
year after the acceptance of the offer of such transfer, plus
such additional time as the Administrator may require to
complete such transfer.
(2) Reversion in event of lack of facilities integration.--
(A) Within initial period.--During the five-year
period beginning on the date of the transfer of real and
related personal property pursuant to subsection (a), if
the Secretary of Veterans Affairs, the Secretary of
Defense, and the Secretary of Navy jointly determine
that the integration of the facilities transferred
pursuant to that subsection should not continue,
jurisdiction, custody, and control over such real and
related personal property shall be transferred, without
reimbursement, to the Secretary of Defense. The transfer
under this subparagraph shall be carried out by the
Administrator of General Services not later than 180
days after the date of the determination

[[Page 123 STAT. 2570]]

by the Secretaries, plus such additional time as the
Administrator may require to complete such transfer.
(B) After initial period.--After the end of the
five-year period described in subparagraph (A), if the
Secretary of Veterans Affairs or the Secretary of
Defense determines that the integration of the
facilities transferred pursuant to subsection (a) should
not continue, the Secretary of Veterans Affairs shall
transfer, without reimbursement, to the Secretary of
Defense jurisdiction, custody, and control over the real
and related personal property described in subparagraph
(A). Any transfer under this subparagraph shall be
carried out by the Administrator of General Services not
later than one year after the date of the determination
by the applicable Secretary, plus such additional time
as the Administrator may require to complete such
transfer.
(C) Reversion procedures.--The executive agreement
under section 1701 shall provide the following:
(i) Specific procedures for the reversion of
real and related personal property, as
appropriate, transferred pursuant to subsection
(a) to ensure the continuing accomplishment by the
Department of Defense and the Department of
Veterans Affairs of their missions in the event
that the integration of facilities described
transferred pursuant to that subsection (a) is not
completed or a reversion of property occurs under
subparagraph (A) or (B).
(ii) In the event of a reversion under this
paragraph, the transfer from the Department of
Veterans Affairs to the Department of Defense of
associated functions including appropriate
resources, civilian positions, and personnel, in a
manner that will not result in adverse impact to
the missions of Department of Defense or the
Department of Veterans Affairs.
SEC. 1703. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF
DEFENSE.

(a) Transfer of Functions.--The Secretary of Defense and the
Secretary of the Navy may transfer to the Secretary of Veterans Affairs
functions necessary for the effective operation of the facility. The
Secretary of Veterans Affairs may accept any functions so transferred.
(b) Terms.--
(1) Executive agreement.--Any transfer of functions under
subsection (a) shall be carried out as provided in the executive
agreement under section 1701. The functions to be so transferred
shall be identified utilizing the provisions of section 3503 of
title 5, United States Code.
(2) Elements.--In providing for the transfer of functions
under subsection (a), the executive agreement under section 1701
shall provide for the following:
(A) The transfer of civilian employee positions of
the Department of Defense identified in the executive
agreement to the Department of Veterans Affairs, and of
the incumbent civilian employees in such positions, and
the transition of the employees so transferred to the
pay, benefits, and personnel systems that apply to
employees of

[[Page 123 STAT. 2571]]

the Department of Veterans Affairs (to the extent that
different systems apply).
(B) The transition of employees so transferred to
the pay systems of the Department of Veterans Affairs in
a manner which will not result in any reduction in an
employee's regular rate of compensation (including basic
pay, locality pay, any physician comparability
allowance, and any other fixed and recurring pay
supplement) at the time of transition.
(C) The continuation after transfer of the same
employment status for employees so transferred who have
already successfully completed or are in the process of
completing a one-year probationary period under title 5,
United States Code, notwithstanding the provisions of
section 7403(b)(1) of title 38, United States Code.
(D) The extension of collective bargaining rights
under title 5, United States Code, to employees so
transferred in positions listed in subsection 7421(b) of
title 38, United States Code, notwithstanding the
provisions of section 7422 of title 38, United States
Code, for a two-year period beginning on the effective
date of the executive agreement.
(E) At the end of the two-year period beginning on
the effective date of the executive agreement, for the
following actions by the Secretary of Veterans Affairs
with respect to the extension of collective bargaining
rights under subparagraph (D):
(i) Consideration of the impact of the
extension of such rights.
(ii) Consultation <<NOTE: Consultation.>> with
exclusive employee representatives of the
transferred employees about such impact.
(iii) <<NOTE: Determination.>> Determination,
after consultation with the Secretary of Defense
and the Secretary of the Navy, whether the
extension of such rights should be terminated,
modified, or kept in effect.
(iv) <<NOTE: Notice.>> Submittal to Congress
of a notice regarding the determination made under
clause (iii).
(F) The recognition after transfer of each
transferred physician's and dentist's total number of
years of service as a physician or dentist in the
Department of Defense for purposes of calculating such
employee's rate of base pay, notwithstanding the
provisions of section 7431(b)(3) of title 38, United
States Code.
(G) The preservation of the seniority of the
employees so transferred for all pay purposes.

(c) Retention of Department of Defense Employment Authority.--
<<NOTE: Determination.>> Notwithstanding subsections (a) and (b), the
Department of Defense may employ civilian personnel at the facility if
the Secretary of the Navy, or a designee of the Secretary, determines it
is necessary and appropriate to meet mission requirements of the
Department of the Navy.
SEC. 1704. JOINT FUNDING AUTHORITY.

(a) Joint Medical Facility Demonstration Fund.--
(1) Establishment.--There is established on the books of the
Treasury under the Department of Veterans Affairs a fund to be
known as the ``Joint Department of Defense-

[[Page 123 STAT. 2572]]

Department of Veterans Affairs Medical Facility Demonstration
Fund'' (in this section referred to as the ``Fund'').
(2) Elements.--The Fund shall consist of the following:
(A) Amounts transferred to the Fund by the Secretary
of Defense, in consultation with the Secretary of the
Navy, from amounts authorized and appropriated for the
Department of Defense specifically for that purpose.
(B) Amounts transferred to the Fund by the Secretary
of Veterans Affairs from amounts authorized and
appropriated for the Department of Veterans Affairs
specifically for that purpose.
(C) Amounts transferred to the Fund from medical
care collections under paragraph (4).
(3) Determination of amounts transferred generally.--The
amount transferred to the Fund by each of the Secretary of
Defense and the Secretary of Veterans Affairs under
subparagraphs (A) and (B), as applicable, of paragraph (2) each
fiscal year shall be such amount, as determined by a methodology
jointly established by the Secretary of Defense and the
Secretary of Veterans Affairs for purposes of this subsection,
that reflects the mission-specific activities, workload, and
costs of provision of health care at the facility of the
Department of Defense and the Department of Veterans Affairs,
respectively.
(4) Transfers from medical care collections.--
(A) In general.--Amounts collected under the
authorities specified in subparagraph (B) for health
care provided at the facility may be transferred to the
Fund under paragraph (2)(C).
(B) Authorities.--The authorities specified in this
subparagraph are the following:
(i) Section 1095 of title 10, United States
Code.
(ii) Section 1729 of title 38, United States
Code.
(iii) Public Law 87-693, popularly known as
the ``Federal Medical Care Recovery Act'' (42
U.S.C. 2651 et seq.).
(5) Administration.--The Fund shall be administered in
accordance with such provisions of the executive agreement under
section 1701 as the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly include in the executive
agreement. Such provisions shall provide for an independent
review of the methodology established under paragraph (3).

(b) Availability.--
(1) In general.--Funds transferred to the Fund under
subsection (a) shall be available to fund the operations of the
facility, including capital equipment, real property
maintenance, and minor construction projects that are not
required to be specifically authorized by law under section 2805
of title 10, United States Code, or section 8104 of title 38,
United States Code.
(2) Limitation.--The availability of funds transferred to
the Fund under subsection (a)(2)(C) shall be subject to the
provisions of section 1729A of title 38, United States Code.
(3) Period of availability.--
(A) In general.--Except as provided in subparagraph
(B), funds transferred to the Fund under subsection (a)

[[Page 123 STAT. 2573]]

shall be available under paragraph (1) for one fiscal
year after transfer.
(B) Exception.--Of an amount transferred to the Fund
under subsection (a), an amount not to exceed two
percent of such amount shall be available under
paragraph (1) for two fiscal years after transfer.

(c) Financial Reconciliation.--The executive agreement under section
1701 shall provide for the development and implementation of an
integrated financial reconciliation process that meets the fiscal
reconciliation requirements of the Department of Defense, the Department
of the Navy, and the Department of Veterans Affairs. The process shall
permit each of the Department of Defense, the Department of Navy, and
the Department of Veterans Affairs to identify their fiscal
contributions to the Fund, taking into consideration accounting,
workload, and financial management differences.
(d) Annual Report.--The Secretary of Defense, in consultation with
the Secretary of the Navy, and the Secretary of Veterans Affairs shall
jointly provide for an annual independent review of the Fund for at
least three years after the date of the enactment of this Act. Such
review shall include detailed statements of the uses of amounts of the
Fund and an evaluation of the adequacy of the proportional share
contributed to the Fund by each of the Secretary of Defense and the
Secretary of Veterans Affairs.
(e) Termination.--The authorities in this section shall terminate on
September 30, 2015.
SEC. 1705. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES FOR
CARE AND SERVICES.

(a) In General.--For purposes of eligibility for health care under
chapter 55 of title 10, United States Code, the facility may be treated
as a facility of the uniformed services to the extent provided in the
executive agreement under section 1701.
(b) Priority of Treatment.--The executive agreement under section
1701 shall provide an integrated priority list for access to health care
at the facility, which list shall--
(1) integrate the respective health care priority lists of
the Secretary of Defense and the Secretary of Veterans Affairs,
giving first priority of care to members of the Armed Forces on
active duty; and
(2) take into account categories of beneficiaries,
enrollment program status, and such other matters as the
Secretary of Defense and the Secretary of Veterans Affairs
jointly consider appropriate.

(c) Additional Elements.--The executive agreement under section 1701
may include provisions as follows:
(1) To incorporate any resource-related limitations for
access to health care at the facility that the Secretary of
Defense may establish for purposes of administering space-
available eligibility for care in facilities of the uniformed
services under chapter 55 of title 10, United States Code.
(2) To waive the applicability to the facility of any
provision of section 8111(e) of title 38, United States Code,
that the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly specify.
(3) To allocate financial responsibility for care provided
at the facility for individuals who are eligible for care under

[[Page 123 STAT. 2574]]

both chapter 55 of title 10, United States Code, and title 38,
United States Code.
SEC. 1706. EXTENSION OF DOD-VA HEALTH CARE SHARING INCENTIVE FUND.

Section 8111(d)(3) of title 38, United States Code, is amended by
striking ``September 30, 2010'' and inserting ``September 30, 2015''.

TITLE XVIII--MILITARY <<NOTE: Military Commissions Act of
2009.>> COMMISSIONS

SEC. 1801. <<NOTE: 10 USC 948a note.>> SHORT TITLE.

This title may be cited as the ``Military Commissions Act of 2009''.
SEC. 1802. MILITARY COMMISSIONS.

Chapter 47A of title 10, United States Code, is amended to read as
follows:

``CHAPTER 47A--MILITARY COMMISSIONS

``SUBCHAPTER Sec.
``I. General Provisions........................................... 948a.
``II. Composition of Military Commissions......................... 948h.
``III. Pre-Trial Procedure........................................ 948q.
``IV. Trial Procedure............................................. 949a.
``V. Classified Information Procedures...........................949p-1.
``VI. Sentences................................................... 949s.
``VII. Post-Trial Procedures and Review of Military Commissions... 950a.
``VIII. Punitive Matters.......................................... 950p.

``SUBCHAPTER I--GENERAL PROVISIONS

``Sec.
``948a. Definitions.
``948b. Military commissions generally.
``948c. Persons subject to military commissions.
``948d. Jurisdiction of military commissions.

``Sec. 948a. Definitions

``In this chapter:
``(1) Alien.--The term `alien' means an individual who is
not a citizen of the United States.
``(2) Classified information.--The term `classified
information' means the following:
``(A) Any information or material that has been
determined by the United States Government pursuant to
statute, Executive order, or regulation to require
protection against unauthorized disclosure for reasons
of national security.
``(B) Any restricted data, as that term is defined
in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).

[[Page 123 STAT. 2575]]

``(3) Coalition partner.--The term `coalition partner', with
respect to hostilities engaged in by the United States, means
any State or armed force directly engaged along with the United
States in such hostilities or providing direct operational
support to the United States in connection with such
hostilities.
``(4) Geneva convention relative to the treatment of
prisoners of war.--The term `Geneva Convention Relative to the
Treatment of Prisoners of War' means the Convention Relative to
the Treatment of Prisoners of War, done at Geneva August 12,
1949 (6 UST 3316).
``(5) Geneva conventions.--The term `Geneva Conventions'
means the international conventions signed at Geneva on August
12, 1949.
``(6) Privileged belligerent.--The term `privileged
belligerent' means an individual belonging to one of the eight
categories enumerated in Article 4 of the Geneva Convention
Relative to the Treatment of Prisoners of War.
``(7) Unprivileged enemy belligerent.--The term
`unprivileged enemy belligerent' means an individual (other than
a privileged belligerent) who--
``(A) has engaged in hostilities against the United
States or its coalition partners;
``(B) has purposefully and materially supported
hostilities against the United States or its coalition
partners; or
``(C) was a part of al Qaeda at the time of the
alleged offense under this chapter.
``(8) National security.--The term `national security' means
the national defense and foreign relations of the United States.
``(9) Hostilities.--The term `hostilities' means any
conflict subject to the laws of war.
``Sec. 948b. Military commissions generally

``(a) Purpose.--This chapter establishes procedures governing the
use of military commissions to try alien unprivileged enemy belligerents
for violations of the law of war and other offenses triable by military
commission.
``(b) Authority for Military Commissions Under This Chapter.--The
President is authorized to establish military commissions under this
chapter for offenses triable by military commission as provided in this
chapter.
``(c) Construction of Provisions.--The procedures for military
commissions set forth in this chapter are based upon the procedures for
trial by general courts-martial under chapter 47 of this title (the
Uniform Code of Military Justice). Chapter 47 of this title does not, by
its terms, apply to trial by military commission except as specifically
provided therein or in this chapter, and many of the provisions of
chapter 47 of this title are by their terms inapplicable to military
commissions. The judicial construction and application of chapter 47 of
this title, while instructive, is therefore not of its own force binding
on military commissions established under this chapter.
``(d) Inapplicability of Certain Provisions.--(1) The following
provisions of this title shall not apply to trial by military commission
under this chapter:

[[Page 123 STAT. 2576]]

``(A) Section 810 (article 10 of the Uniform Code of
Military Justice), relating to speedy trial, including any rule
of courts-martial relating to speedy trial.
``(B) Sections 831(a), (b), and (d) (articles 31(a), (b),
and (d) of the Uniform Code of Military Justice), relating to
compulsory self-incrimination.
``(C) Section 832 (article 32 of the Uniform Code of
Military Justice), relating to pretrial investigation.

``(2) <<NOTE: Applicability.>> Other provisions of chapter 47 of
this title shall apply to trial by military commission under this
chapter only to the extent provided by the terms of such provisions or
by this chapter.

``(e) Geneva Conventions Not Establishing Private Right of Action.--
No alien unprivileged enemy belligerent subject to trial by military
commission under this chapter may invoke the Geneva Conventions as a
basis for a private right of action.
``Sec. 948c. Persons subject to military commissions

``Any alien unprivileged enemy belligerent is subject to trial by
military commission as set forth in this chapter.
``Sec. 948d. Jurisdiction of military commissions

``A military commission under this chapter shall have jurisdiction
to try persons subject to this chapter for any offense made punishable
by this chapter, sections 904 and 906 of this title (articles 104 and
106 of the Uniform Code of Military Justice), or the law of war, whether
such offense was committed before, on, or after September 11, 2001, and
may, under such limitations as the President may prescribe, adjudge any
punishment not forbidden by this chapter, including the penalty of death
when specifically authorized under this chapter. A military commission
is a competent tribunal to make a finding sufficient for jurisdiction.

``SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS

``Sec.
``948h. Who may convene military commissions.
``948i. Who may serve on military commissions.
``948j. Military judge of a military commission.
``948k. Detail of trial counsel and defense counsel.
``948l. Detail or employment of reporters and interpreters.
``948m. Number of members; excuse of members; absent and additional
members.

``Sec. 948h. Who may convene military commissions

``Military commissions under this chapter may be convened by the
Secretary of Defense or by any officer or official of the United States
designated by the Secretary for that purpose.
``Sec. 948i. Who may serve on military commissions

``(a) In General.--Any commissioned officer of the armed forces on
active duty is eligible to serve on a military commission under this
chapter, including commissioned officers of the reserve components of
the armed forces on active duty, commissioned officers of the National
Guard on active duty in Federal service, or retired commissioned
officers recalled to active duty.
``(b) Detail of Members.--When convening a military commission under
this chapter, the convening authority shall detail as members thereof
such members of the armed forces eligible under subsection (a) who, in
the opinion of the convening authority, are

[[Page 123 STAT. 2577]]

best qualified for the duty by reason of age, education, training,
experience, length of service, and judicial temperament. No member of an
armed force is eligible to serve as a member of a military commission
when such member is the accuser or a witness for the prosecution or has
acted as an investigator or counsel in the same case.
``(c) Excuse of Members.--Before a military commission under this
chapter is assembled for the trial of a case, the convening authority
may excuse a member from participating in the case.
``Sec. 948j. Military judge of a military commission

``(a) Detail of Military Judge.-- <<NOTE: Regulations.>> A military
judge shall be detailed to each military commission under this chapter.
The Secretary of Defense shall prescribe regulations providing for the
manner in which military judges are so detailed to military commissions.
The military judge shall preside over each military commission to which
such military judge has been detailed.

``(b) Eligibility.--A military judge shall be a commissioned officer
of the armed forces who is a member of the bar of a Federal court, or a
member of the bar of the highest court of a State, and who is certified
to be qualified for duty under section 826 of this title (article 26 of
the Uniform Code of Military Justice) as a military judge of general
courts-martial by the Judge Advocate General of the armed force of which
such military judge is a member.
``(c) Ineligibility of Certain Individuals.--No person is eligible
to act as military judge in a case of a military commission under this
chapter if such person is the accuser or a witness or has acted as
investigator or a counsel in the same case.
``(d) Consultation With Members; Ineligibility to Vote.--A military
judge detailed to a military commission under this chapter may not
consult with the members except in the presence of the accused (except
as otherwise provided in section 949d of this title), trial counsel, and
defense counsel, nor may such military judge vote with the members.
``(e) Other Duties.--A commissioned officer who is certified to be
qualified for duty as a military judge of a military commission under
this chapter may perform such other duties as are assigned to such
officer by or with the approval of the Judge Advocate General of the
armed force of which such officer is a member or the designee of such
Judge Advocate General.
``(f) Prohibition on Evaluation of Fitness by Convening Authority.--
The convening authority of a military commission under this chapter may
not prepare or review any report concerning the effectiveness, fitness,
or efficiency of a military judge detailed to the military commission
which relates to such judge's performance of duty as a military judge on
the military commission.
``Sec. 948k. Detail of trial counsel and defense counsel

``(a) Detail of Counsel Generally.--(1) Trial counsel and military
defense counsel shall be detailed for each military commission under
this chapter.
``(2) Assistant trial counsel and assistant and associate defense
counsel may be detailed for a military commission under this chapter.
``(3) Military defense counsel for a military commission under this
chapter shall be detailed as soon as practicable.

[[Page 123 STAT. 2578]]

``(4) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe regulations providing for the manner in which trial counsel
and military defense counsel are detailed for military commissions under
this chapter and for the persons who are authorized to detail such
counsel for such military commissions.

``(b) Trial Counsel.--Subject to subsection (e), a trial counsel
detailed for a military commission under this chapter shall be--
``(1) a judge advocate (as that term is defined in section
801 of this title (article 1 of the Uniform Code of Military
Justice)) who is--
``(A) a graduate of an accredited law school or a
member of the bar of a Federal court or of the highest
court of a State; and
``(B) certified as competent to perform duties as
trial counsel before general courts-martial by the Judge
Advocate General of the armed force of which such judge
advocate is a member; or
``(2) a civilian who is--
``(A) a member of the bar of a Federal court or of
the highest court of a State; and
``(B) otherwise qualified to practice before the
military commission pursuant to regulations prescribed
by the Secretary of Defense.

``(c) Defense Counsel.--(1) Subject to subsection (e), a military
defense counsel detailed for a military commission under this chapter
shall be a judge advocate (as so defined) who is--
``(A) a graduate of an accredited law school or a member of
the bar of a Federal court or of the highest court of a State;
and
``(B) certified as competent to perform duties as defense
counsel before general courts-martial by the Judge Advocate
General of the armed force of which such judge advocate is a
member.

``(2) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe regulations for the appointment and performance of defense
counsel in capital cases under this chapter.

``(d) Chief Prosecutor; Chief Defense Counsel.--(1) The Chief
Prosecutor in a military commission under this chapter shall meet the
requirements set forth in subsection (b)(1).
``(2) The Chief Defense Counsel in a military commission under this
chapter shall meet the requirements set forth in subsection (c)(1).
``(e) Ineligibility of Certain Individuals.--No person who has acted
as an investigator, military judge, or member of a military commission
under this chapter in any case may act later as trial counsel or
military defense counsel in the same case. No person who has acted for
the prosecution before a military commission under this chapter may act
later in the same case for the defense, nor may any person who has acted
for the defense before a military commission under this chapter act
later in the same case for the prosecution.
``Sec. 948l. Detail or employment of reporters and interpreters

``(a) Court Reporters.--Under such regulations as the Secretary of
Defense may prescribe, the convening authority of a military commission
under this chapter shall detail to or employ for the military commission
qualified court reporters, who shall prepare

[[Page 123 STAT. 2579]]

a verbatim record of the proceedings of and testimony taken before the
military commission.
``(b) Interpreters.--Under such regulations as the Secretary of
Defense may prescribe, the convening authority of a military commission
under this chapter may detail to or employ for the military commission
interpreters who shall interpret for the military commission, and, as
necessary, for trial counsel and defense counsel for the military
commission, and for the accused.
``(c) Transcript; Record.--The transcript of a military commission
under this chapter shall be under the control of the convening authority
of the military commission, who shall also be responsible for preparing
the record of the proceedings of the military commission.
``Sec. 948m. Number of members; excuse of members; absent and
additional members

``(a) Number of Members.--(1) Except as provided in paragraph (2), a
military commission under this chapter shall have at least five members.
``(2) In a case in which the accused before a military commission
under this chapter may be sentenced to a penalty of death, the military
commission shall have the number of members prescribed by section
949m(c) of this title.
``(b) Excuse of Members.--No member of a military commission under
this chapter may be absent or excused after the military commission has
been assembled for the trial of a case unless excused--
``(1) as a result of challenge;
``(2) by the military judge for physical disability or other
good cause; or
``(3) by order of the convening authority for good cause.

``(c) Absent and Additional Members.--Whenever a military commission
under this chapter is reduced below the number of members required by
subsection (a), the trial may not proceed unless the convening authority
details new members sufficient to provide not less than such number. The
trial may proceed with the new members present after the recorded
evidence previously introduced before the members has been read to the
military commission in the presence of the military judge, the accused
(except as provided in section 949d of this title), and counsel for both
sides.

``SUBCHAPTER III--PRE-TRIAL PROCEDURE

``Sec.
``948q. Charges and specifications.
``948r. Exclusion of statements obtained by torture or cruel, inhuman,
or degrading treatment; prohibition of self-incrimination;
admission of other statements of the accused.
``948s. Service of charges.

``Sec. 948q. Charges and specifications

``(a) Charges and Specifications.--Charges and specifications
against an accused in a military commission under this chapter shall be
signed by a person subject to chapter 47 of this title under oath before
a commissioned officer of the armed forces authorized to administer
oaths and shall state--
``(1) that the signer has personal knowledge of, or reason
to believe, the matters set forth therein; and

[[Page 123 STAT. 2580]]

``(2) that such matters are true in fact to the best of the
signer's knowledge and belief.

``(b) Notice to Accused.--Upon the swearing of the charges and
specifications in accordance with subsection (a), the accused shall be
informed of the charges and specifications against the accused as soon
as practicable.
``Sec. 948r. Exclusion of statements obtained by torture or cruel,
inhuman, or degrading treatment; prohibition of
self-incrimination; admission of other
statements of the accused

``(a) Exclusion of Statements Obtain by Torture or Cruel, Inhuman,
or Degrading Treatment.--No statement obtained by the use of torture or
by cruel, inhuman, or degrading treatment (as defined by section 1003 of
the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd)), whether or not
under color of law, shall be admissible in a military commission under
this chapter, except against a person accused of torture or such
treatment as evidence that the statement was made.
``(b) Self-incrimination Prohibited.--No person shall be required to
testify against himself or herself at a proceeding of a military
commission under this chapter.
``(c) Other Statements of the Accused.--A statement of the accused
may be admitted in evidence in a military commission under this chapter
only if the military judge finds--
``(1) that the totality of the circumstances renders the
statement reliable and possessing sufficient probative value;
and
``(2) that--
``(A) the statement was made incident to lawful
conduct during military operations at the point of
capture or during closely related active combat
engagement, and the interests of justice would best be
served by admission of the statement into evidence; or
``(B) the statement was voluntarily given.

``(d) Determination of Voluntariness.--In determining for purposes
of subsection (c)(2)(B) whether a statement was voluntarily given, the
military judge shall consider the totality of the circumstances,
including, as appropriate, the following:
``(1) The details of the taking of the statement, accounting
for the circumstances of the conduct of military and
intelligence operations during hostilities.
``(2) The characteristics of the accused, such as military
training, age, and education level.
``(3) The lapse of time, change of place, or change in
identity of the questioners between the statement sought to be
admitted and any prior questioning of the accused.
``Sec. 948s. Service of charges

``The trial counsel assigned to a case before a military commission
under this chapter shall cause to be served upon the accused and
military defense counsel a copy of the charges upon which trial is to be
had in English and, if appropriate, in another language that the accused
understands, sufficiently in advance of trial to prepare a defense.

[[Page 123 STAT. 2581]]

``SUBCHAPTER IV--TRIAL PROCEDURE

``Sec.
``949a. Rules.
``949b. Unlawfully influencing action of military commission and United
States Court of Military Commission Review.
``949c. Duties of trial counsel and defense counsel.
``949d. Sessions.
``949e. Continuances.
``949f. Challenges.
``949g. Oaths.
``949h. Former jeopardy.
``949i. Pleas of the accused.
``949j. Opportunity to obtain witnesses and other evidence.
``949k. Defense of lack of mental responsibility.
``949l. Voting and rulings.
``949m. Number of votes required.
``949n. Military commission to announce action.
``949o. Record of trial.

``Sec. 949a. Rules

``(a) Procedures and Rules of Evidence.--Pretrial, trial, and post-
trial procedures, including elements and modes of proof, for cases
triable by military commission under this chapter may be prescribed by
the Secretary of Defense. Such procedures may not be contrary to or
inconsistent with this chapter. <<NOTE: Applicability.>> Except as
otherwise provided in this chapter or chapter 47 of this title, the
procedures and rules of evidence applicable in trials by general courts-
martial of the United States shall apply in trials by military
commission under this chapter.

``(b) Exceptions.--(1) In trials by military commission under this
chapter, the Secretary of Defense, in consultation with the Attorney
General, may make such exceptions in the applicability of the procedures
and rules of evidence otherwise applicable in general courts-martial as
may be required by the unique circumstances of the conduct of military
and intelligence operations during hostilities or by other practical
need consistent with this chapter.
``(2) Notwithstanding any exceptions authorized by paragraph (1),
the procedures and rules of evidence in trials by military commission
under this chapter shall include, at a minimum, the following rights of
the accused:
``(A) To present evidence in the accused's defense, to
cross-examine the witnesses who testify against the accused, and
to examine and respond to all evidence admitted against the
accused on the issue of guilt or innocence and for sentencing,
as provided for by this chapter.
``(B) To be present at all sessions of the military
commission (other than those for deliberations or voting),
except when excluded under section 949d of this title.
``(C)(i) When none of the charges preferred against the
accused are capital, to be represented before a military
commission by civilian counsel if provided at no expense to the
Government, and by either the defense counsel detailed or the
military counsel of the accused's own selection, if reasonably
available.
``(ii) When any of the charges preferred against the accused
are capital, to be represented before a military commission in
accordance with clause (i) and, to the greatest extent
practicable, by at least one additional counsel who is learned
in applicable law relating to capital cases and who, if
necessary, may be a civilian and compensated in accordance with
regulations prescribed by the Secretary of Defense.

[[Page 123 STAT. 2582]]

``(D) To self-representation, if the accused knowingly and
competently waives the assistance of counsel, subject to the
provisions of paragraph (4).
``(E) To the suppression of evidence that is not reliable or
probative.
``(F) To the suppression of evidence the probative value of
which is substantially outweighed by--
``(i) the danger of unfair prejudice, confusion of
the issues, or misleading the members; or
``(ii) considerations of undue delay, waste of time,
or needless presentation of cumulative evidence.

``(3) In making exceptions in the applicability in trials by
military commission under this chapter from the procedures and rules
otherwise applicable in general courts-martial, the Secretary of Defense
may provide the following:
``(A) Evidence seized outside the United States shall not be
excluded from trial by military commission on the grounds that
the evidence was not seized pursuant to a search warrant or
authorization.
``(B) A statement of the accused that is otherwise
admissible shall not be excluded from trial by military
commission on grounds of alleged coercion or compulsory self-
incrimination so long as the evidence complies with the
provisions of section 948r of this title.
``(C) Evidence shall be admitted as authentic so long as--
``(i) the military judge of the military commission
determines that there is sufficient evidence that the
evidence is what it is claimed to be; and
``(ii) the military judge instructs the members that
they may consider any issue as to authentication or
identification of evidence in determining the weight, if
any, to be given to the evidence.
``(D) Hearsay evidence not otherwise admissible under the
rules of evidence applicable in trial by general courts-martial
may be admitted in a trial by military commission only if--
``(i) the proponent of the evidence makes known to
the adverse party, sufficiently in advance to provide
the adverse party with a fair opportunity to meet the
evidence, the proponent's intention to offer the
evidence, and the particulars of the evidence (including
information on the circumstances under which the
evidence was obtained); and
``(ii) <<NOTE: Determination.>> the military judge,
after taking into account all of the circumstances
surrounding the taking of the statement, including the
degree to which the statement is corroborated, the
indicia of reliability within the statement itself, and
whether the will of the declarant was overborne,
determines that--
``(I) the statement is offered as evidence of
a material fact;
``(II) the statement is probative on the point
for which it is offered;
``(III) direct testimony from the witness is
not available as a practical matter, taking into
consideration the physical location of the
witness, the unique circumstances of military and
intelligence operations during hostilities, and
the adverse impacts on military

[[Page 123 STAT. 2583]]

or intelligence operations that would likely
result from the production of the witness; and
``(IV) the general purposes of the rules of
evidence and the interests of justice will best be
served by admission of the statement into
evidence.

``(4)(A) The accused in a military commission under this chapter who
exercises the right to self-representation under paragraph (2)(D) shall
conform the accused's deportment and the conduct of the defense to the
rules of evidence, procedure, and decorum applicable to trials by
military commission.
``(B) Failure of the accused to conform to the rules described in
subparagraph (A) may result in a partial or total revocation by the
military judge of the right of self-representation under paragraph
(2)(D). In such case, the military counsel of the accused or an
appropriately authorized civilian counsel shall perform the functions
necessary for the defense.
``(c) Delegation of Authority To Prescribe Regulations.--The
Secretary of Defense may delegate the authority of the Secretary to
prescribe regulations under this chapter.
``(d) <<NOTE: Deadline. Reports.>> Notice to Congress of
Modification of Rules.--Not later than 60 days before the date on which
any proposed modification of the rules in effect for military
commissions under this chapter goes into effect, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report describing the proposed modification.
``Sec. 949b. Unlawfully influencing action of military commission
and United States Court of Military Commission
Review

``(a) Military Commissions.--(1) No authority convening a military
commission under this chapter may censure, reprimand, or admonish the
military commission, or any member, military judge, or counsel thereof,
with respect to the findings or sentence adjudged by the military
commission, or with respect to any other exercises of its or their
functions in the conduct of the proceedings.
``(2) No person may attempt to coerce or, by any unauthorized means,
influence--
``(A) the action of a military commission under this
chapter, or any member thereof, in reaching the findings or
sentence in any case;
``(B) the action of any convening, approving, or reviewing
authority with respect to their judicial acts; or
``(C) the exercise of professional judgment by trial counsel
or defense counsel.

``(3) The provisions of this subsection shall not apply with respect
to--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing members of a command in the substantive
and procedural aspects of military commissions; or
``(B) statements and instructions given in open proceedings
by a military judge or counsel.

``(b) United States Court of Military Commission Review.--(1) No
person may attempt to coerce or, by any unauthorized means, influence--

[[Page 123 STAT. 2584]]

``(A) the action of a military appellate judge or other duly
appointed judge under this chapter on the United States Court of
Military Commissions Review in reaching a decision on the
findings or sentence on appeal in any case; or
``(B) the exercise of professional judgment by trial counsel
or defense counsel appearing before the United States Court of
Military Commission Review.

``(2) No person may censure, reprimand, or admonish a military
appellate judge on the United States Court of Military Commission
Review, or counsel thereof, with respect to any exercise of their
functions in the conduct of proceedings under this chapter.
``(3) The provisions of this subsection shall not apply with respect
to--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing members of a command in the substantive
and procedural aspects of military commissions; or
``(B) statements and instructions given in open proceedings
by an appellate military judge or a duly appointed appellate
judge on the United States Court of Military Commission Review,
or counsel.

``(4) No appellate military judge on the United States Court of
Military Commission Review may be reassigned to other duties, except
under circumstances as follows:
``(A) The appellate military judge voluntarily requests to
be reassigned to other duties and the Secretary of Defense, or
the designee of the Secretary, in consultation with the Judge
Advocate General of the armed force of which the appellate
military judge is a member, approves such reassignment.
``(B) The appellate military judge retires or otherwise
separates from the armed forces.
``(C) The appellate military judge is reassigned to other
duties by the Secretary of Defense, or the designee of the
Secretary, in consultation with the Judge Advocate General of
the armed force of which the appellate military judge is a
member, based on military necessity and such reassignment is
consistent with service rotation regulations (to the extent such
regulations are applicable).
``(D) The appellate military judge is withdrawn by the
Secretary of Defense, or the designee of the Secretary, in
consultation with the Judge Advocate General of the armed force
of which the appellate military judge is a member, for good
cause consistent with applicable procedures under chapter 47 of
this title (the Uniform Code of Military Justice).

``(c) Prohibition on Consideration of Actions on Commission in
Evaluation of Fitness.--In the preparation of an effectiveness, fitness,
or efficiency report or any other report or document used in whole or in
part for the purpose of determining whether a commissioned officer of
the armed forces is qualified to be advanced in grade, or in determining
the assignment or transfer of any such officer or whether any such
officer should be retained on active duty, no person may--
``(1) consider or evaluate the performance of duty of any
member of a military commission under this chapter; or
``(2) give a less favorable rating or evaluation to any
commissioned officer because of the zeal with which such
officer,

[[Page 123 STAT. 2585]]

in acting as counsel, represented any accused before a military
commission under this chapter.
``Sec. 949c. Duties of trial counsel and defense counsel

``(a) Trial Counsel.--The trial counsel of a military commission
under this chapter shall prosecute in the name of the United States.
``(b) Defense Counsel.--(1) The accused shall be represented in the
accused's defense before a military commission under this chapter as
provided in this subsection.
``(2) The accused may be represented by military counsel detailed
under section 948k of this title or by military counsel of the accused's
own selection, if reasonably available.
``(3) The accused may be represented by civilian counsel if retained
by the accused, provided that such civilian counsel--
``(A) is a United States citizen;
``(B) is admitted to the practice of law in a State,
district, or possession of the United States, or before a
Federal court;
``(C) has not been the subject of any sanction of
disciplinary action by any court, bar, or other competent
governmental authority for relevant misconduct;
``(D) has been determined to be eligible for access to
information classified at the level Secret or higher; and
``(E) has signed a written agreement to comply with all
applicable regulations or instructions for counsel, including
any rules of court for conduct during the proceedings.

``(4) If the accused is represented by civilian counsel, military
counsel shall act as associate counsel.
``(5) The accused is not entitled to be represented by more than one
military counsel. However, the person authorized under regulations
prescribed under section 948k of this title to detail counsel, in such
person's sole discretion, may detail additional military counsel to
represent the accused.
``(6) Defense counsel may cross-examine each witness for the
prosecution who testifies before a military commission under this
chapter.
``(7) Civilian defense counsel shall protect any classified
information received during the course of representation of the accused
in accordance with all applicable law governing the protection of
classified information, and may not divulge such information to any
person not authorized to receive it.
``Sec. 949d. Sessions

``(a) Sessions Without Presence of Members.--(1) At any time after
the service of charges which have been referred for trial by military
commission under this chapter, the military judge may call the military
commission into session without the presence of the members for the
purpose of--
``(A) hearing and determining motions raising defenses or
objections which are capable of determination without trial of
the issues raised by a plea of not guilty;
``(B) hearing and ruling upon any matter which may be ruled
upon by the military judge under this chapter, whether or not
the matter is appropriate for later consideration or decision by
the members;
``(C) <<NOTE: Regulations.>> if permitted by regulations
prescribed by the Secretary of Defense, receiving the pleas of
the accused; and

[[Page 123 STAT. 2586]]

``(D) performing any other procedural function which may be
performed by the military judge under this chapter or under
rules prescribed pursuant to section 949a of this title and
which does not require the presence of the members.

``(2) <<NOTE: Records.>> Except as provided in subsections (b), (c),
and (d), any proceedings under paragraph (1) shall be conducted in the
presence of the accused, defense counsel, and trial counsel, and shall
be made part of the record.

``(b) Deliberation or Vote of Members.--When the members of a
military commission under this chapter deliberate or vote, only the
members may be present.
``(c) Closure of Proceedings.--(1) The military judge may close to
the public all or part of the proceedings of a military commission under
this chapter.
``(2) The military judge may close to the public all or a portion of
the proceedings under paragraph (1) only upon making a specific finding
that such closure is necessary to--
``(A) protect information the disclosure of which could
reasonably be expected to cause damage to the national security,
including intelligence or law enforcement sources, methods, or
activities; or
``(B) ensure the physical safety of individuals.

``(3) A finding under paragraph (2) may be based upon a
presentation, including a presentation ex parte or in camera, by either
trial counsel or defense counsel.
``(d) Exclusion of Accused From Certain Proceedings.--
The <<NOTE: Determination.>> military judge may exclude the accused from
any portion of a proceeding upon a determination that, after being
warned by the military judge, the accused persists in conduct that
justifies exclusion from the courtroom--
``(1) to ensure the physical safety of individuals; or
``(2) to prevent disruption of the proceedings by the
accused.
``Sec. 949e. Continuances

``The military judge in a military commission under this chapter
may, for reasonable cause, grant a continuance to any party for such
time, and as often, as may appear to be just.
``Sec. 949f. Challenges

``(a) Challenges Authorized.-- <<NOTE: Determination.>> The military
judge and members of a military commission under this chapter may be
challenged by the accused or trial counsel for cause stated to the
military commission. The military judge shall determine the relevance
and validity of challenges for cause, and may not receive a challenge to
more than one person at a time. Challenges by trial counsel shall
ordinarily be presented and decided before those by the accused are
offered.

``(b) Peremptory Challenges.--The accused and trial counsel are each
entitled to one peremptory challenge, but the military judge may not be
challenged except for cause.
``(c) Challenges Against Additional Members.--Whenever additional
members are detailed to a military commission under this chapter, and
after any challenges for cause against such additional members are
presented and decided, the accused and trial counsel are each entitled
to one peremptory challenge against members not previously subject to
peremptory challenge.

[[Page 123 STAT. 2587]]

``Sec. 949g. Oaths

``(a) In General.--(1) Before performing their respective duties in
a military commission under this chapter, military judges, members,
trial counsel, defense counsel, reporters, and interpreters shall take
an oath to perform their duties faithfully.
``(2) <<NOTE: Regulations.>> The form of the oath required by
paragraph (1), the time and place of the taking thereof, the manner of
recording thereof, and whether the oath shall be taken for all cases in
which duties are to be performed or for a particular case, shall be as
provided in regulations prescribed by the Secretary of Defense. The
regulations may provide that--
``(A) an oath to perform faithfully duties as a military
judge, trial counsel, or defense counsel may be taken at any
time by any judge advocate or other person certified to be
qualified or competent for the duty; and
``(B) if such an oath is taken, such oath need not again be
taken at the time the judge advocate or other person is detailed
to that duty.

``(b) Witnesses.--Each witness before a military commission under
this chapter shall be examined on oath.
``(c) Oath Defined.--In this section, the term `oath' includes an
affirmation.
``Sec. 949h. Former jeopardy

``(a) In General.--No person may, without the person's consent, be
tried by a military commission under this chapter a second time for the
same offense.
``(b) Scope of Trial.--No proceeding in which the accused has been
found guilty by military commission under this chapter upon any charge
or specification is a trial in the sense of this section until the
finding of guilty has become final after review of the case has been
fully completed.
``Sec. 949i. Pleas of the accused

``(a) Plea of Not Guilty.--If an accused in a military commission
under this chapter after a plea of guilty sets up matter inconsistent
with the plea, or if it appears that the accused has entered the plea of
guilty through lack of understanding of its meaning and effect, or if
the accused fails or refuses to plead, a plea of not guilty shall be
entered in the record, and the military commission shall proceed as
though the accused had pleaded not guilty.
``(b) Finding of Guilt After Guilty Plea.--With respect to any
charge or specification to which a plea of guilty has been made by the
accused in a military commission under this chapter and accepted by the
military judge, a finding of guilty of the charge or specification may
be entered immediately without a vote. The finding shall constitute the
finding of the military commission unless the plea of guilty is
withdrawn prior to announcement of the sentence, in which event the
proceedings shall continue as though the accused had pleaded not guilty.
``Sec. 949j. Opportunity to obtain witnesses and other evidence

``(a) In General.--(1) <<NOTE: Regulations.>> Defense counsel in a
military commission under this chapter shall have a reasonable
opportunity to obtain witnesses and other evidence as provided in
regulations prescribed by the Secretary of Defense. The opportunity to
obtain witnesses and evidence shall be comparable to the opportunity
available to

[[Page 123 STAT. 2588]]

a criminal defendant in a court of the United States under article III
of the Constitution.

``(2) Process issued in military commissions under this chapter to
compel witnesses to appear and testify and to compel the production of
other evidence--
``(A) shall be similar to that which courts of the United
States having criminal jurisdiction may lawfully issue; and
``(B) shall run to any place where the United States shall
have jurisdiction thereof.

``(b) Disclosure of Exculpatory Evidence.--(1) As soon as
practicable, trial counsel in a military commission under this chapter
shall disclose to the defense the existence of any evidence that
reasonably tends to--
``(A) negate the guilt of the accused of an offense charged;
or
``(B) reduce the degree of guilt of the accused with respect
to an offense charged.

``(2) The trial counsel shall, as soon as practicable, disclose to
the defense the existence of evidence that reasonably tends to impeach
the credibility of a witness whom the government intends to call at
trial.
``(3) The trial counsel shall, as soon as practicable upon a finding
of guilt, disclose to the defense the existence of evidence that is not
subject to paragraph (1) or paragraph (2) but that reasonably may be
viewed as mitigation evidence at sentencing.
``(4) The disclosure obligations under this subsection encompass
evidence that is known or reasonably should be known to any government
officials who participated in the investigation and prosecution of the
case against the defendant.
``Sec. 949k. Defense of lack of mental responsibility

``(a) Affirmative Defense.--It is an affirmative defense in a trial
by military commission under this chapter that, at the time of the
commission of the acts constituting the offense, the accused, as a
result of a severe mental disease or defect, was unable to appreciate
the nature and quality or the wrongfulness of the acts. Mental disease
or defect does not otherwise constitute a defense.
``(b) Burden of Proof.--The accused in a military commission under
this chapter has the burden of proving the defense of lack of mental
responsibility by clear and convincing evidence.
``(c) Findings Following Assertion of Defense.--Whenever lack of
mental responsibility of the accused with respect to an offense is
properly at issue in a military commission under this chapter, the
military judge shall instruct the members as to the defense of lack of
mental responsibility under this section and shall charge the members to
find the accused--
``(1) guilty;
``(2) not guilty; or
``(3) subject to subsection (d), not guilty by reason of
lack of mental responsibility.

``(d) Majority Vote <<NOTE: Determination.>> Required for Finding.--
The accused shall be found not guilty by reason of lack of mental
responsibility under subsection (c)(3) only if a majority of the members
present at the time the vote is taken determines that the defense of
lack of mental responsibility has been established.

[[Page 123 STAT. 2589]]

``Sec. 949l. Voting and rulings

``(a) Vote by Secret Written Ballot.--Voting by members of a
military commission under this chapter on the findings and on the
sentence shall be by secret written ballot.
``(b) Rulings.--(1) The military judge in a military commission
under this chapter shall rule upon all questions of law, including the
admissibility of evidence and all interlocutory questions arising during
the proceedings.
``(2) Any ruling made by the military judge upon a question of law
or an interlocutory question (other than the factual issue of mental
responsibility of the accused) is conclusive and constitutes the ruling
of the military commission. However, a military judge may change such a
ruling at any time during the trial.
``(c) Instructions Prior to Vote.--Before a vote is taken of the
findings of a military commission under this chapter, the military judge
shall, in the presence of the accused and counsel, instruct the members
as to the elements of the offense and charge the members--
``(1) that the accused must be presumed to be innocent until
the accused's guilt is established by legal and competent
evidence beyond a reasonable doubt;
``(2) that in the case being considered, if there is a
reasonable doubt as to the guilt of the accused, the doubt must
be resolved in favor of the accused and the accused must be
acquitted;
``(3) that, if there is reasonable doubt as to the degree of
guilt, the finding must be in a lower degree as to which there
is no reasonable doubt; and
``(4) that the burden of proof to establish the guilt of the
accused beyond a reasonable doubt is upon the United States.
``Sec. 949m. Number of votes required

``(a) Conviction.--No person may be convicted by a military
commission under this chapter of any offense, except as provided in
section 949i(b) of this title or by concurrence of two-thirds of the
members present at the time the vote is taken.
``(b) Sentences.--(1) <<NOTE: Determination.>> Except as provided in
paragraphs (2) and (3), sentences shall be determined by a military
commission by the concurrence of two-thirds of the members present at
the time the vote is taken.

``(2) No person may be sentenced to death by a military commission,
except insofar as--
``(A) the penalty of death has been expressly authorized
under this chapter, chapter 47 of this title, or the law of war
for an offense of which the accused has been found guilty;
``(B) trial counsel expressly sought the penalty of death by
filing an appropriate notice in advance of trial;
``(C) the accused was convicted of the offense by the
concurrence of all the members present at the time the vote is
taken; and
``(D) all members present at the time the vote was taken
concurred in the sentence of death.

``(3) No person may be sentenced to life imprisonment, or to
confinement for more than 10 years, by a military commission under this
chapter except by the concurrence of three-fourths of the members
present at the time the vote is taken.

[[Page 123 STAT. 2590]]

``(c) Number of Members Required for Penalty of Death.--(1) Except
as provided in paragraph (2), in a case in which the penalty of death is
sought, the number of members of the military commission under this
chapter shall be not less than 12 members.
``(2) In any case described in paragraph (1) in which 12 members are
not reasonably available for a military commission because of physical
conditions or military exigencies, the convening authority shall specify
a lesser number of members for the military commission (but not fewer
than 9 members), and the military commission may be assembled, and the
trial held, with not less than the number of members so specified. In
any such case, the convening authority shall make a detailed written
statement, to be appended to the record, stating why a greater number of
members were not reasonably available.
``Sec. 949n. Military commission to announce action

``A military commission under this chapter shall announce its
findings and sentence to the parties as soon as determined.
``Sec. 949o. Record of trial

``(a) Record; Authentication.--Each military commission under this
chapter shall keep a separate, verbatim, record of the proceedings in
each case brought before it, and the record shall be authenticated by
the signature of the military judge. If the record cannot be
authenticated by the military judge by reason of death, disability, or
absence, it shall be authenticated by the signature of the trial counsel
or by a member of the commission if the trial counsel is unable to
authenticate it by reason of death, disability, or
absence. <<NOTE: Regulations.>> Where appropriate, and as provided in
regulations prescribed by the Secretary of Defense, the record of a
military commission under this chapter may contain a classified annex.

``(b) Complete Record Required.--A complete record of the
proceedings and testimony shall be prepared in every military commission
under this chapter.
``(c) Provision of Copy to Accused.--A copy of the record of the
proceedings of the military commission under this chapter shall be given
the accused as soon as it is authenticated. If the record contains
classified information, or a classified annex, the accused shall receive
a redacted version of the record consistent with the requirements of
subchapter V of this chapter. Defense counsel shall have access to the
unredacted record, as provided in regulations prescribed by the
Secretary of Defense.

``SUBCHAPTER V--CLASSIFIED INFORMATION PROCEDURES

``Sec.
``949p-1. Protection of classified information: applicability of
subchapter.
``949p-2. Pretrial conference.
``949p-3. Protective orders.
``949p-4. Discovery of, and access to, classified information by the
accused.
``949p-5. Notice by accused of intention to disclose classified
information.
``949p-6. Procedure for cases involving classified information.
``949p-7. Introduction of classified information into evidence.

``Sec. 949p-1. Protection of classified information: applicability
of subchapter

``(a) Protection of Classified Information.--Classified information
shall be protected and is privileged from disclosure if disclosure would
be detrimental to the national security. Under

[[Page 123 STAT. 2591]]

no circumstances may a military judge order the release of classified
information to any person not authorized to receive such information.
``(b) Access to Evidence.--Any information admitted into evidence
pursuant to any rule, procedure, or order by the military judge shall be
provided to the accused.
``(c) Declassification.--Trial counsel shall work with the original
classification authorities for evidence that may be used at trial to
ensure that such evidence is declassified to the maximum extent
possible, consistent with the requirements of national security. A
decision not to declassify evidence under this section shall not be
subject to review by a military commission or upon appeal.
``(d) Construction of Provisions.--The judicial construction of the
Classified Information Procedures Act (18 U.S.C. App.) shall be
authoritative in the interpretation of this subchapter, except to the
extent that such construction is inconsistent with the specific
requirements of this chapter.
``Sec. 949p-2. Pretrial conference

``(a) Motion.--At any time after service of charges, any party may
move for a pretrial conference to consider matters relating to
classified information that may arise in connection with the
prosecution.
``(b) Conference.--Following a motion under subsection (a), or sua
sponte, the military judge shall promptly hold a pretrial conference.
Upon request by either party, the court shall hold such conference ex
parte to the extent necessary to protect classified information from
disclosure, in accordance with the practice of the Federal courts under
the Classified Information Procedures Act (18 U.S.C. App.).
``(c) Matters To Be Established at Pretrial Conference.--
``(1) Timing of subsequent actions.--At the pretrial
conference, the military judge shall establish the timing of--
``(A) requests for discovery;
``(B) the provision of notice required by section
949p-5 of this title; and
``(C) the initiation of the procedure established by
section 949p-6 of this title.
``(2) Other matters.--At the pretrial conference, the
military judge may also consider any matter--
``(A) which relates to classified information; or
``(B) which may promote a fair and expeditious
trial.

``(d) Effect of Admissions by Accused at Pretrial Conference.--No
admission made by the accused or by any counsel for the accused at a
pretrial conference under this section may be used against the accused
unless the admission is in writing and is signed by the accused and by
the counsel for the accused.
``Sec. 949p-3. Protective orders

``Upon motion of the trial counsel, the military judge shall issue
an order to protect against the disclosure of any classified information
that has been disclosed by the United States to any accused in any
military commission under this chapter or that has otherwise been
provided to, or obtained by, any such accused in any such military
commission.

[[Page 123 STAT. 2592]]

``Sec. 949p-4. Discovery of, and access to, classified information
by the accused

``(a) Limitations on Discovery or Access by the Accused.--
``(1) Declarations by the united states of damage to
national security.--In any case before a military commission in
which the United States seeks to delete, withhold, or otherwise
obtain other relief with respect to the discovery of or access
to any classified information, the trial counsel shall submit a
declaration invoking the United States' classified information
privilege and setting forth the damage to the national security
that the discovery of or access to such information reasonably
could be expected to cause. The declaration shall be signed by a
knowledgeable United States official possessing authority to
classify information.
``(2) Standard for authorization of discovery or access.--
Upon the submission of a declaration under paragraph (1), the
military judge may not authorize the discovery of or access to
such classified information unless the military judge determines
that such classified information would be noncumulative,
relevant, and helpful to a legally cognizable defense, rebuttal
of the prosecution's case, or to sentencing, in accordance with
standards generally applicable to discovery of or access to
classified information in Federal criminal cases. If the
discovery of or access to such classified information is
authorized, it shall be addressed in accordance with the
requirements of subsection (b).

``(b) Discovery of Classified Information.--
``(1) Substitutions and other relief.--The military judge,
in assessing the accused's discovery of or access to classified
information under this section, may authorize the United
States--
``(A) to delete or withhold specified items of
classified information;
``(B) to substitute a summary for classified
information; or
``(C) to substitute a statement admitting relevant
facts that the classified information or material would
tend to prove.
``(2) Ex parte presentations.--The military judge shall
permit the trial counsel to make a request for an authorization
under paragraph (1) in the form of an ex parte presentation to
the extent necessary to protect classified information, in
accordance with the practice of the Federal courts under the
Classified Information Procedures Act (18 U.S.C. App.). If the
military judge enters an order granting relief following such an
ex parte showing, the entire presentation (including the text of
any written submission, verbatim transcript of the ex parte oral
conference or hearing, and any exhibits received by the court as
part of the ex parte presentation) shall be sealed and preserved
in the records of the military commission to be made available
to the appellate court in the event of an appeal.
``(3) Action by military judge.--The military judge shall
grant the request of the trial counsel to substitute a summary
or to substitute a statement admitting relevant facts, or to
provide other relief in accordance with paragraph (1), if the
military judge finds that the summary, statement, or other

[[Page 123 STAT. 2593]]

relief would provide the accused with substantially the same
ability to make a defense as would discovery of or access to the
specific classified information.

``(c) Reconsideration.--An order of a military judge authorizing a
request of the trial counsel to substitute, summarize, withhold, or
prevent access to classified information under this section is not
subject to a motion for reconsideration by the accused, if such order
was entered pursuant to an ex parte showing under this section.
``Sec. 949p-5. Notice by accused of intention to disclose
classified information

``(a) Notice by Accused.--
``(1) Notification of trial counsel and military judge.--
<<NOTE: Deadline.>> If an accused reasonably expects to
disclose, or to cause the disclosure of, classified information
in any manner in connection with any trial or pretrial
proceeding involving the prosecution of such accused, the
accused shall, within the time specified by the military judge
or, where no time is specified, within 30 days before trial,
notify the trial counsel and the military judge in writing. Such
notice shall include a brief description of the classified
information. Whenever the accused learns of additional
classified information the accused reasonably expects to
disclose, or to cause the disclosure of, at any such proceeding,
the accused shall notify trial counsel and the military judge in
writing as soon as possible thereafter and shall include a brief
description of the classified information.
``(2) Limitation on disclosure by accused.--No accused shall
disclose, or cause the disclosure of, any information known or
believed to be classified in connection with a trial or pretrial
proceeding until--
``(A) notice has been given under paragraph (1); and
``(B) the United States has been afforded a
reasonable opportunity to seek a determination pursuant
to the procedure set forth in section 949p-6 of this
title and the time for the United States to appeal such
determination under section 950d of this title has
expired or any appeal under that section by the United
States is decided.

``(b) Failure To Comply.--If the accused fails to comply with the
requirements of subsection (a), the military judge--
``(1) may preclude disclosure of any classified information
not made the subject of notification; and
``(2) may prohibit the examination by the accused of any
witness with respect to any such information.
``Sec. 949p-6. Procedure for cases involving classified
information

``(a) Motion for Hearing.--
``(1) Request for hearing.--Within the time specified by the
military judge for the filing of a motion under this section,
either party may request the military judge to conduct a hearing
to make all determinations concerning the use, relevance, or
admissibility of classified information that would otherwise be
made during the trial or pretrial proceeding.
``(2) Conduct of hearing.--Upon a request by either party
under paragraph (1), the military judge shall conduct such

[[Page 123 STAT. 2594]]

a hearing and shall rule prior to conducting any further
proceedings.
``(3) In camera hearing upon declaration to court by
appropriate official of risk of disclosure of classified
information.--Any hearing held pursuant to this subsection (or
any portion of such hearing specified in the request of a
knowledgeable United States official) shall be held in camera if
a knowledgeable United States official possessing authority to
classify information submits to the military judge a declaration
that a public proceeding may result in the disclosure of
classified information. Classified information is not subject to
disclosure under this section unless the information is relevant
and necessary to an element of the offense or a legally
cognizable defense and is otherwise admissible in evidence.
``(4) Military judge to make determinations in writing.--As
to each item of classified information, the military judge shall
set forth in writing the basis for the determination.

``(b) Notice and Use of Classified Information by the Government.--
``(1) Notice to accused.--Before any hearing is conducted
pursuant to a request by the trial counsel under subsection (a),
trial counsel shall provide the accused with notice of the
classified information that is at issue. Such notice shall
identify the specific classified information at issue whenever
that information previously has been made available to the
accused by the United States. When the United States has not
previously made the information available to the accused in
connection with the case the information may be described by
generic category, in such forms as the military judge may
approve, rather than by identification of the specific
information of concern to the United States.
``(2) Order by military judge upon request of accused.--
Whenever the trial counsel requests a hearing under subsection
(a), the military judge, upon request of the accused, may order
the trial counsel to provide the accused, prior to trial, such
details as to the portion of the charge or specification at
issue in the hearing as are needed to give the accused fair
notice to prepare for the hearing.

``(c) Substitutions.--
``(1) In camera pretrial hearing.--Upon request of the trial
counsel pursuant to the Military Commission Rules of Evidence,
and in accordance with the security procedures established by
the military judge, the military judge shall conduct a
classified in camera pretrial hearing concerning the
admissibility of classified information.
``(2) Protection of sources, methods, and activities by
which evidence acquired.--When trial counsel seeks to introduce
evidence before a military commission under this chapter and the
Executive branch has classified the sources, methods, or
activities by which the United States acquired the evidence, the
military judge shall permit trial counsel to introduce the
evidence, including a substituted evidentiary foundation
pursuant to the procedures described in subsection (d), while
protecting from disclosure information identifying those
sources, methods, or activities, if--
``(A) the evidence is otherwise admissible; and
``(B) the military judge finds that--

[[Page 123 STAT. 2595]]

``(i) the evidence is reliable; and
``(ii) the redaction is consistent with
affording the accused a fair trial.

``(d) Alternative Procedure for Disclosure of Classified
Information.--
``(1) Motion by the united states.--Upon any determination
by the military judge authorizing the disclosure of specific
classified information under the procedures established by this
section, the trial counsel may move that, in lieu of the
disclosure of such specific classified information, the military
judge order--
``(A) the substitution for such classified
information of a statement admitting relevant facts that
the specific classified information would tend to prove;
``(B) the substitution for such classified
information of a summary of the specific classified
information; or
``(C) any other procedure or redaction limiting the
disclosure of specific classified information.
``(2) Action on motion.--The military judge shall grant such
a motion of the trial counsel if the military judge finds that
the statement, summary, or other procedure or redaction will
provide the defendant with substantially the same ability to
make his defense as would disclosure of the specific classified
information.
``(3) Hearing on motion.--The military judge shall hold a
hearing on any motion under this subsection. Any such hearing
shall be held in camera at the request of a knowledgeable United
States official possessing authority to classify information.
``(4) Submission of statement of damage to national security
if disclosure ordered.-- <<NOTE: Certification.>> The trial
counsel may, in connection with a motion under paragraph (1),
submit to the military judge a declaration signed by a
knowledgeable United States official possessing authority to
classify information certifying that disclosure of classified
information would cause identifiable damage to the national
security of the United States and explaining the basis for the
classification of such information. If so requested by the trial
counsel, the military judge shall examine such declaration
during an ex parte presentation.

``(e) Sealing of Records of in Camera Hearings.--If at the close of
an in camera hearing under this section (or any portion of a hearing
under this section that is held in camera), the military judge
determines that the classified information at issue may not be disclosed
or elicited at the trial or pretrial proceeding, the record of such in
camera hearing shall be sealed and preserved for use in the event of an
appeal. The accused may seek reconsideration of the military judge's
determination prior to or during trial.
``(f) Prohibition on Disclosure of Classified Information by the
Accused; Relief for Accused When the United States Opposes Disclosure.--
``(1) Order to prevent disclosure by accused.--Whenever the
military judge denies a motion by the trial counsel that the
judge issue an order under subsection (a), (c), or (d) and the
trial counsel files with the military judge a declaration signed
by a knowledgeable United States official possessing authority
to classify information objecting to disclosure of the
classified information at issue, the military judge shall order

[[Page 123 STAT. 2596]]

that the accused not disclose or cause the disclosure of such
information.
``(2) Result of order under paragraph (1).--Whenever an
accused is prevented by an order under paragraph (1) from
disclosing or causing the disclosure of classified information,
the military judge shall dismiss the case, except that, when the
military judge determines that the interests of justice would
not be served by dismissal of the case, the military judge shall
order such other action, in lieu of dismissing the charge or
specification, as the military judge determines is appropriate.
Such action may include, but need not be limited to, the
following:
``(A) Dismissing specified charges or
specifications.
``(B) Finding against the United States on any issue
as to which the excluded classified information relates.
``(C) Striking or precluding all or part of the
testimony of a witness.
``(3) Time for the united states to seek interlocutory
appeal.--An order under paragraph (2) shall not take effect
until the military judge has afforded the United States--
``(A) an opportunity to appeal such order under
section 950d of this title; and
``(B) an opportunity thereafter to withdraw its
objection to the disclosure of the classified
information at issue.

``(g) Reciprocity.--
``(1) Disclosure of rebuttal information.--Whenever the
military judge determines that classified information may be
disclosed in connection with a trial or pretrial proceeding, the
military judge shall, unless the interests of fairness do not so
require, order the United States to provide the accused with the
information it expects to use to rebut the classified
information. The military judge may place the United States
under a continuing duty to disclose such rebuttal information.
``(2) Sanction for failure to comply.--If the United States
fails to comply with its obligation under this subsection, the
military judge--
``(A) may exclude any evidence not made the subject
of a required disclosure; and
``(B) may prohibit the examination by the United
States of any witness with respect to such information.
``Sec. 949p-7. Introduction of classified information into
evidence

``(a) Preservation of Classification Status.--Writings, recordings,
and photographs containing classified information may be admitted into
evidence in proceedings of military commissions under this chapter
without change in their classification status.
``(b) Precautions by Military Judges.--
``(1) Precautions in admitting classified information into
evidence.--The military judge in a trial by military commission,
in order to prevent unnecessary disclosure of classified
information, may order admission into evidence of only part of a
writing, recording, or photograph, or may order admission into
evidence of the whole writing, recording, or photograph with
excision of some or all of the classified information contained
therein, unless the whole ought in fairness be considered.

[[Page 123 STAT. 2597]]

``(2) Classified information kept under seal.--The military
judge shall allow classified information offered or accepted
into evidence to remain under seal during the trial, even if
such evidence is disclosed in the military commission, and may,
upon motion by the United States, seal exhibits containing
classified information for any period after trial as necessary
to prevent a disclosure of classified information when a
knowledgeable United States official possessing authority to
classify information submits to the military judge a declaration
setting forth the damage to the national security that the
disclosure of such information reasonably could be expected to
cause.

``(c) Taking of Testimony.--
``(1) Objection by trial counsel.--During the examination of
a witness, trial counsel may object to any question or line of
inquiry that may require the witness to disclose classified
information not previously found to be admissible.
``(2) Action by military judge.--Following an objection
under paragraph (1), the military judge shall take such suitable
action to determine whether the response is admissible as will
safeguard against the compromise of any classified information.
Such action may include requiring trial counsel to provide the
military judge with a proffer of the witness' response to the
question or line of inquiry and requiring the accused to provide
the military judge with a proffer of the nature of the
information sought to be elicited by the accused. Upon request,
the military judge may accept an ex parte proffer by trial
counsel to the extent necessary to protect classified
information from disclosure, in accordance with the practice of
the Federal courts under the Classified Information Procedures
Act (18 U.S.C. App.).

``(d) Disclosure at Trial of Certain Statements Previously Made by a
Witness.--
``(1) Motion for production of statements in possession of
the united states.--After a witness called by the trial counsel
has testified on direct examination, the military judge, on
motion of the accused, may order production of statements of the
witness in the possession of the United States which relate to
the subject matter as to which the witness has testified. This
paragraph does not preclude discovery or assertion of a
privilege otherwise authorized.
``(2) Invocation of privilege by the united states.--If the
United States invokes a privilege, the trial counsel may provide
the prior statements of the witness to the military judge during
an ex parte presentation to the extent necessary to protect
classified information from disclosure, in accordance with the
practice of the Federal courts under the Classified Information
Procedures Act (18 U.S.C. App.).
``(3) Action by military judge on motion.--If the military
judge finds that disclosure of any portion of the statement
identified by the United States as classified would be
detrimental to the national security in the degree to warrant
classification under the applicable Executive Order, statute, or
regulation, that such portion of the statement is consistent
with the testimony of the witness, and that the disclosure of
such portion is not necessary to afford the accused a fair
trial, the military judge shall excise that portion from the
statement.

[[Page 123 STAT. 2598]]

If the military judge finds that such portion of the statement
is inconsistent with the testimony of the witness or that its
disclosure is necessary to afford the accused a fair trial, the
military judge, shall, upon the request of the trial counsel,
review alternatives to disclosure in accordance with section
949p-6(d) of this title.

``SUBCHAPTER VI--SENTENCES

``Sec.
``949s. Cruel or unusual punishments prohibited.
``949t. Maximum limits.
``949u. Execution of confinement.

``Sec. 949s. Cruel or unusual punishments prohibited

``Punishment by flogging, or by branding, marking, or tattooing on
the body, or any other cruel or unusual punishment, may not be adjudged
by a military commission under this chapter or inflicted under this
chapter upon any person subject to this chapter. The use of irons,
single or double, except for the purpose of safe custody, is prohibited
under this chapter.
``Sec. 949t. Maximum limits

``The punishment which a military commission under this chapter may
direct for an offense may not exceed such limits as the President or
Secretary of Defense may prescribe for that offense.
``Sec. 949u. Execution of confinement

``(a) In General.-- <<NOTE: Regulations.>> Under such regulations as
the Secretary of Defense may prescribe, a sentence of confinement
adjudged by a military commission under this chapter may be carried into
execution by confinement--
``(1) in any place of confinement under the control of any
of the armed forces; or
``(2) in any penal or correctional institution under the
control of the United States or its allies, or which the United
States may be allowed to use.

``(b) Treatment During Confinement by Other Than the Armed Forces.--
Persons confined under subsection (a)(2) in a penal or correctional
institution not under the control of an armed force are subject to the
same discipline and treatment as persons confined or committed by the
courts of the United States or of the State, District of Columbia, or
place in which the institution is situated.

``SUBCHAPTER VII--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY
COMMISSIONS

``Sec.
``950a. Error of law; lesser included offense.
``950b. Review by the convening authority.
``950c. Appellate referral; waiver or withdrawal of appeal.
``950d. Interlocutory appeals by the United States.
``950e. Rehearings.
``950f. Review by United States Court of Military Commission Review.
``950g. Review by United States Court of Court of Appeals for the
District of Columbia Circuit; writ of certiorari to Supreme
Court.
``950h. Appellate counsel.
``950i. Execution of sentence; suspension of sentence.
``950j. Finality of proceedings, findings, and sentences.

[[Page 123 STAT. 2599]]

``Sec. 950a. Error of law; lesser included offense

``(a) Error of Law.--A finding or sentence of a military commission
under this chapter may not be held incorrect on the ground of an error
of law unless the error materially prejudices the substantial rights of
the accused.
``(b) Lesser Included Offense.--Any reviewing authority with the
power to approve or affirm a finding of guilty by a military commission
under this chapter may approve or affirm, instead, so much of the
finding as includes a lesser included offense.
``Sec. 950b. Review by the convening authority

``(a) Notice to Convening Authority of Findings and Sentence.--
<<NOTE: Reports.>> The findings and sentence of a military commission
under this chapter shall be reported in writing promptly to the
convening authority after the announcement of the sentence.

``(b) Submittal of Matters by Accused to Convening Authority.--(1)
The accused may submit to the convening authority matters for
consideration by the convening authority with respect to the findings
and the sentence of the military commission under this chapter.
``(2)(A) <<NOTE: Deadline.>> Except as provided in subparagraph (B),
a submittal under paragraph (1) shall be made in writing within 20 days
after the accused has been give an authenticated record of trial under
section 949o(c) of this title.

``(B) If the accused shows that additional time is required for the
accused to make a submittal under paragraph (1), the convening authority
may, for good cause, extend the applicable period under subparagraph (A)
for not more than an additional 20 days.
``(3) The accused may waive the accused's right to make a submittal
to the convening authority under paragraph (1). Such a waiver shall be
made in writing, and may not be revoked. For the purposes of subsection
(c)(2), the time within which the accused may make a submittal under
this subsection shall be deemed to have expired upon the submittal of a
waiver under this paragraph to the convening authority.
``(c) Action by Convening Authority.--(1) The authority under this
subsection to modify the findings and sentence of a military commission
under this chapter is a matter of the sole discretion and prerogative of
the convening authority.
``(2) The convening authority is not required to take action on the
findings of a military commission under this chapter. If the convening
authority takes action on the findings, the convening authority may, in
the sole discretion of the convening authority, only--
``(A) dismiss any charge or specification by setting aside a
finding of guilty thereto; or
``(B) change a finding of guilty to a charge to a finding of
guilty to an offense that is a lesser included offense of the
offense stated in the charge.

``(3)(A) The convening authority shall take action on the sentence
of a military commission under this chapter.
``(B) <<NOTE: Regulations.>> Subject to regulations prescribed by
the Secretary of Defense, action under this paragraph may be taken only
after consideration of any matters submitted by the accused under
subsection (b) or after the time for submitting such matters expires,
whichever is earlier.

[[Page 123 STAT. 2600]]

``(C) In taking action under this paragraph, the convening authority
may, in the sole discretion of the convening authority, approve,
disapprove, commute, or suspend the sentence in whole or in part. The
convening authority may not increase a sentence beyond that which is
found by the military commission.
``(4) The convening authority shall serve on the accused or on
defense counsel notice of any action taken by the convening authority
under this subsection.
``(d) Order of Revision or Rehearing.--(1) Subject to paragraphs (2)
and (3), the convening authority of a military commission under this
chapter may, in the sole discretion of the convening authority, order a
proceeding in revision or a rehearing.
``(2)(A) Except as provided in subparagraph (B), a proceeding in
revision may be ordered by the convening authority if--
``(i) there is an apparent error or omission in the record;
or
``(ii) the record shows improper or inconsistent action by
the military commission with respect to the findings or sentence
that can be rectified without material prejudice to the
substantial rights of the accused.

``(B) In no case may a proceeding in revision--
``(i) reconsider a finding of not guilty of a specification
or a ruling which amounts to a finding of not guilty;
``(ii) reconsider a finding of not guilty of any charge,
unless there has been a finding of guilty under a specification
laid under that charge, which sufficiently alleges a violation;
or
``(iii) increase the severity of the sentence unless the
sentence prescribed for the offense is mandatory.

``(3) A rehearing may be ordered by the convening authority if the
convening authority disapproves the findings and sentence and states the
reasons for disapproval of the findings. If the convening authority
disapproves the finding and sentence and does not order a rehearing, the
convening authority shall dismiss the charges. A rehearing as to the
findings may not be ordered by the convening authority when there is a
lack of sufficient evidence in the record to support the findings. A
rehearing as to the sentence may be ordered by the convening authority
if the convening authority disapproves the sentence.
``Sec. 950c. Appellate referral; waiver or withdrawal of appeal

``(a) Automatic Referral for Appellate Review.--Except as provided
in subsection (b), in each case in which the final decision of a
military commission under this chapter (as approved by the convening
authority) includes a finding of guilty, the convening authority shall
refer the case to the United States Court of Military Commission
Review. <<NOTE: Regulations.>> Any such referral shall be made in
accordance with procedures prescribed under regulations of the
Secretary.

``(b) Waiver of Right of Review.--(1) Except in a case in which the
sentence as approved under section 950b of this title extends to death,
an accused may file with the convening authority a statement expressly
waiving the right of the accused to appellate review by the United
States Court of Military Commission Review under section 950f of this
title of the final decision of the military commission under this
chapter.
``(2) A waiver under paragraph (1) shall be signed by both the
accused and a defense counsel.

[[Page 123 STAT. 2601]]

``(3) <<NOTE: Deadline.>> A waiver under paragraph (1) must be
filed, if at all, within 10 days after notice of the action is served on
the accused or on defense counsel under section 950b(c)(4) of this
title. The convening authority, for good cause, may extend the period
for such filing by not more than 30 days.

``(c) Withdrawal of Appeal.--Except in a case in which the sentence
as approved under section 950b of this title extends to death, the
accused may withdraw an appeal at any time.
``(d) Effect of Waiver or Withdrawal.--A waiver of the right to
appellate review or the withdrawal of an appeal under this section bars
review under section 950f of this title.
``Sec. 950d. Interlocutory appeals by the United States

``(a) Interlocutory Appeal.--Except as provided in subsection (b),
in a trial by military commission under this chapter, the United States
may take an interlocutory appeal to the United States Court of Military
Commission Review of any order or ruling of the military judge--
``(1) that terminates proceedings of the military commission
with respect to a charge or specification;
``(2) that excludes evidence that is substantial proof of a
fact material in the proceeding;
``(3) that relates to a matter under subsection (c) or (d)
of section 949d of this title; or
``(4) that, with respect to classified information--
``(A) authorizes the disclosure of such information;
``(B) imposes sanctions for nondisclosure of such
information; or
``(C) refuses a protective order sought by the
United States to prevent the disclosure of such
information.

``(b) Limitation.--The United States may not appeal under subsection
(a) an order or ruling that is, or amounts to, a finding of not guilty
by the military commission with respect to a charge or specification.
``(c) Scope of Appeal Right With Respect to Classified
Information.--The United States has the right to appeal under paragraph
(4) of subsection (a) whenever the military judge enters an order or
ruling that would require the disclosure of classified information,
without regard to whether the order or ruling appealed from was entered
under this chapter, another provision of law, a rule, or otherwise. Any
such appeal may embrace any preceding order, ruling, or reasoning
constituting the basis of the order or ruling that would authorize such
disclosure.
``(d) Timing and Action on Interlocutory Appeals Relating to
Classified Information.--
``(1) Appeal to be expedited.--An appeal taken pursuant to
paragraph (4) of subsection (a) shall be expedited by the United
States Court of Military Commission Review.
``(2) Appeals before trial.-- <<NOTE: Deadline.>> If such an
appeal is taken before trial, the appeal shall be taken within
10 days after the order or ruling from which the appeal is made
and the trial shall not commence until the appeal is decided.
``(3) Appeals during trial.--If such an appeal is taken
during trial, the military judge shall adjourn the trial until
the appeal is decided, and the court of appeals--

[[Page 123 STAT. 2602]]

``(A) <<NOTE: Deadline.>> shall hear argument on
such appeal within 4 days of the adjournment of the
trial (excluding weekends and holidays);
``(B) may dispense with written briefs other than
the supporting materials previously submitted to the
military judge;
``(C) shall render its decision within four days of
argument on appeal (excluding weekends and holidays);
and
``(D) may dispense with the issuance of a written
opinion in rendering its decision.

``(e) Notice and Timing of Other Appeals.-- <<NOTE: Deadline.>> The
United States shall take an appeal of an order or ruling under
subsection (a), other than an appeal under paragraph (4) of that
subsection, by filing a notice of appeal with the military judge within
5 days after the date of the order or ruling.

``(f) Method of Appeal.-- <<NOTE: Regulations.>> An appeal under
this section shall be forwarded, by means specified in regulations
prescribed by the Secretary of Defense, directly to the United States
Court of Military Commission Review.

``(g) Appeals Court To Act Only With Respect to Matter of Law.--In
ruling on an appeal under paragraph (1), (2), or (3) of subsection (a),
the appeals court may act only with respect to matters of law.
``(h) Subsequent Appeal Rights of Accused Not Affected.--An appeal
under paragraph (4) of subsection (a), and a decision on such appeal,
shall not affect the right of the accused, in a subsequent appeal from a
judgment of conviction, to claim as error reversal by the military judge
on remand of a ruling appealed from during trial.
``Sec. 950e. Rehearings

``(a) Composition of Military Commission for Rehearing.--Each
rehearing under this chapter shall take place before a military
commission under this chapter composed of members who were not members
of the military commission which first heard the case.
``(b) Scope of Rehearing.--(1) Upon a rehearing--
``(A) the accused may not be tried for any offense of which
the accused was found not guilty by the first military
commission; and
``(B) no sentence in excess of or more than the original
sentence may be imposed unless--
``(i) the sentence is based upon a finding of guilty
of an offense not considered upon the merits in the
original proceedings; or
``(ii) the sentence prescribed for the offense is
mandatory.

``(2) Upon a rehearing, if the sentence approved after the first
military commission was in accordance with a pretrial agreement and the
accused at the rehearing changes his plea with respect to the charges or
specifications upon which the pretrial agreement was based, or otherwise
does not comply with pretrial agreement, the sentence as to those
charges or specifications may include any punishment not in excess of
that lawfully adjudged at the first military commission.

[[Page 123 STAT. 2603]]

``Sec. 950f. Review by United States Court of Military Commission
Review

``(a) Establishment.--There is a court of record to be known as the
`United States Court of Military Commission Review' (in this section
referred to as the `Court'). The Court shall consist of one or more
panels, each composed of not less than three appellate military judges.
For the purpose of reviewing decisions of military commissions under
this chapter, the Court may sit in panels or as a whole, in accordance
with rules prescribed by the Secretary of Defense.
``(b) Judges.--(1) Judges on the Court shall be assigned or
appointed in a manner consistent with the provisions of this subsection.
``(2) The Secretary of Defense may assign persons who are appellate
military judges to be judges on the Court. Any judge so assigned shall
be a commissioned officer of the armed forces, and shall meet the
qualifications for military judges prescribed by section 948j(b) of this
title.
``(3) The President may appoint, by and with the advice and consent
of the Senate, additional judges to the United States Court of Military
Commission Review.
``(4) No person may serve as a judge on the Court in any case in
which that person acted as a military judge, counsel, or reviewing
official.
``(c) Cases To Be Reviewed.-- <<NOTE: Regulations.>> The Court
shall, in accordance with procedures prescribed under regulations of the
Secretary, review the record in each case that is referred to the Court
by the convening authority under section 950c of this title with respect
to any matter properly raised by the accused.

``(d) Standard and Scope of Review.--In a case reviewed by the Court
under this section, the Court may act only with respect to the findings
and sentence as approved by the convening authority. The Court may
affirm only such findings of guilty, and the sentence or such part or
amount of the sentence, as the Court finds correct in law and fact and
determines, on the basis of the entire record, should be approved. In
considering the record, the Court may weigh the evidence, judge the
credibility of witnesses, and determine controverted questions of fact,
recognizing that the military commission saw and heard the witnesses.
``(e) Rehearings.--If the Court sets aside the findings or sentence,
the Court may, except where the setting aside is based on lack of
sufficient evidence in the record to support the findings, order a
rehearing. If the Court sets aside the findings or sentence and does not
order a rehearing, the Court shall order that the charges be dismissed.
``Sec. 950g. Review by United States Court of Appeals for the
District of Columbia Circuit; writ of certiorari
to Supreme Court

``(a) Exclusive Appellate Jurisdiction.--Except as provided in
subsection (b), the United States Court of Appeals for the District of
Columbia Circuit shall have exclusive jurisdiction to determine the
validity of a final judgment rendered by a military commission (as
approved by the convening authority and, where applicable, the United
States Court of Military Commission Review) under this chapter.

[[Page 123 STAT. 2604]]

``(b) Exhaustion of Other Appeals.--The United States Court of
Appeals for the District of Columbia Circuit may not review a final
judgment described in subsection (a) until all other appeals under this
chapter have been waived or exhausted.
``(c) Time for Seeking Review.-- <<NOTE: Deadline. Notice.>> A
petition for review by the United States Court of Appeals for the
District of Columbia Circuit must be filed by the accused in the Court
of Appeals not later than 20 days after the date on which--
``(1) written notice of the final decision of the United
States Court of Military Commission Review is served on the
accused or on defense counsel; or
``(2) the accused submits, in the form prescribed by section
950c of this title, a written notice waiving the right of the
accused to review by the United States Court of Military
Commission Review.

``(d) Scope and Nature of Review.--The United States Court of
Appeals for the District of Columbia Circuit may act under this section
only with respect to the findings and sentence as approved by the
convening authority and as affirmed or set aside as incorrect in law by
the United States Court of Military Commission Review, and shall take
action only with respect to matters of law, including the sufficiency of
the evidence to support the verdict.
``(e) Review by Supreme Court.--The Supreme Court may review by writ
of certiorari pursuant to section 1254 of title 28 the final judgment of
the United States Court of Appeals for the District of Columbia Circuit
under this section.
``Sec. 950h. Appellate counsel

``(a) Appointment.-- <<NOTE: Regulations. Procedures.>> The
Secretary of Defense shall, by regulation, establish procedures for the
appointment of appellate counsel for the United States and for the
accused in military commissions under this chapter. Appellate counsel
shall meet the qualifications of counsel for appearing before military
commissions under this chapter.

``(b) Representation of United States.--Appellate counsel appointed
under subsection (a)--
``(1) shall represent the United States in any appeal or
review proceeding under this chapter before the United States
Court of Military Commission Review; and
``(2) may, when requested to do so by the Attorney General
in a case arising under this chapter, represent the United
States before the United States Court of Appeals for the
District of Columbia Circuit or the Supreme Court.

``(c) Representation of Accused.--The accused shall be represented
by appellate counsel appointed under subsection (a) before the United
States Court of Military Commission Review, the United States Court of
Appeals for the District of Columbia Circuit, and the Supreme Court, and
by civilian counsel if retained by the accused. Any such civilian
counsel shall meet the qualifications under paragraph (3) of section
949c(b) of this title for civilian counsel appearing before military
commissions under this chapter and shall be subject to the requirements
of paragraph (7) of that section.

[[Page 123 STAT. 2605]]

``Sec. 950i. Execution of sentence; suspension of sentence

``(a) In General.--The Secretary of Defense is authorized to carry
out a sentence imposed by a military commission under this chapter in
accordance with such procedures as the Secretary may prescribe.
``(b) Execution of Sentence of Death Only Upon Approval by the
President.--If the sentence of a military commission under this chapter
extends to death, that part of the sentence providing for death may not
be executed until approved by the President. In such a case, the
President may commute, remit, or suspend the sentence, or any part
thereof, as he sees fit.
``(c) Execution of Sentence of Death Only Upon Final Judgment of
Legality of Proceedings.--(1) If the sentence of a military commission
under this chapter extends to death, the sentence may not be executed
until there is a final judgment as to the legality of the proceedings
(and with respect to death, approval under subsection (b)).
``(2) A judgment as to legality of proceedings is final for purposes
of paragraph (1) when review is completed in accordance with the
judgment of the United States Court of Military Commission Review and--
``(A) the time for the accused to file a petition for review
by the United States Court of Appeals for the District of
Columbia Circuit has expired, the accused has not filed a timely
petition for such review, and the case is not otherwise under
review by the Court of Appeals; or
``(B) review is completed in accordance with the judgment of
the United States Court of Appeals for the District of Columbia
Circuit and--
``(i) a petition for a writ of certiorari is not
timely filed;
``(ii) such a petition is denied by the Supreme
Court; or
``(iii) review is otherwise completed in accordance
with the judgment of the Supreme Court.

``(d) Suspension of Sentence.--The Secretary of the Defense, or the
convening authority acting on the case (if other than the Secretary),
may suspend the execution of any sentence or part thereof in the case,
except a sentence of death.
``Sec. 950j. Finality of proceedings, findings, and sentences

``The appellate review of records of trial provided by this chapter,
and the proceedings, findings, and sentences of military commissions as
approved, reviewed, or affirmed as required by this chapter, are final
and conclusive. Orders publishing the proceedings of military
commissions under this chapter are binding upon all departments, courts,
agencies, and officers of the United States, subject only to action by
the Secretary or the convening authority as provided in section 950i(c)
of this title and the authority of the President.

``SUBCHAPTER VIII--PUNITIVE MATTERS

``Sec.
``950p. Definitions; construction of certain offenses; common
circumstances.
``950q. Principals.
``950r. Accessory after the fact.

[[Page 123 STAT. 2606]]

``950s. Conviction of lesser offenses.
``950t. Crimes triable by military commission.

``Sec. 950p. Definitions; construction of certain offenses; common
circumstances

``(a) Definitions.--In this subchapter:
``(1) The term `military objective' means combatants and
those objects during hostilities which, by their nature,
location, purpose, or use, effectively contribute to the war-
fighting or war-sustaining capability of an opposing force and
whose total or partial destruction, capture, or neutralization
would constitute a definite military advantage to the attacker
under the circumstances at the time of an attack.
``(2) The term `protected person' means any person entitled
to protection under one or more of the Geneva Conventions,
including civilians not taking an active part in hostilities,
military personnel placed out of combat by sickness, wounds, or
detention, and military medical or religious personnel.
``(3) The term `protected property' means any property
specifically protected by the law of war, including buildings
dedicated to religion, education, art, science, or charitable
purposes, historic monuments, hospitals, and places where the
sick and wounded are collected, but only if and to the extent
such property is not being used for military purposes or is not
otherwise a military objective. The term includes objects
properly identified by one of the distinctive emblems of the
Geneva Conventions, but does not include civilian property that
is a military objective.

``(b) Construction of Certain Offenses.--The intent required for
offenses under paragraphs (1), (2), (3), (4), and (12) of section 950t
of this title precludes the applicability of such offenses with regard
to collateral damage or to death, damage, or injury incident to a lawful
attack.
``(c) Common Circumstances.--An offense specified in this subchapter
is triable by military commission under this chapter only if the offense
is committed in the context of and associated with hostilities.
``(d) Effect.--The provisions of this subchapter codify offenses
that have traditionally been triable by military commission. This
chapter does not establish new crimes that did not exist before the date
of the enactment of this subchapter, as amended by the National Defense
Authorization Act for Fiscal Year 2010, but rather codifies those crimes
for trial by military commission. Because the provisions of this
subchapter codify offenses that have traditionally been triable under
the law of war or otherwise triable by military commission, this
subchapter does not preclude trial for offenses that occurred before the
date of the enactment of this subchapter, as so amended.
``Sec. 950q. Principals

``Any person punishable under this chapter who--
``(1) commits an offense punishable by this chapter, or
aids, abets, counsels, commands, or procures its commission;
``(2) causes an act to be done which if directly performed
by him would be punishable by this chapter; or
``(3) is a superior commander who, with regard to acts
punishable by this chapter, knew, had reason to know, or

[[Page 123 STAT. 2607]]

should have known, that a subordinate was about to commit such
acts or had done so and who failed to take the necessary and
reasonable measures to prevent such acts or to punish the
perpetrators thereof,

is a principal.
``Sec. 950r. Accessory after the fact

``Any person subject to this chapter who, knowing that an offense
punishable by this chapter has been committed, receives, comforts, or
assists the offender in order to hinder or prevent his apprehension,
trial, or punishment shall be punished as a military commission under
this chapter may direct.
``Sec. 950s. Conviction of lesser offenses

``An accused may be found guilty of an offense necessarily included
in the offense charged or of an attempt to commit either the offense
charged or an attempt to commit either the offense charged or an offense
necessarily included therein.
``Sec. 950t. Crimes triable by military commission

``The following offenses shall be triable by military commission
under this chapter at any time without limitation:
``(1) Murder of protected persons.--Any person subject to
this chapter who intentionally kills one or more protected
persons shall be punished by death or such other punishment as a
military commission under this chapter may direct.
``(2) Attacking civilians.--Any person subject to this
chapter who intentionally engages in an attack upon a civilian
population as such, or individual civilians not taking active
part in hostilities, shall be punished, if death results to one
or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if death
does not result to any of the victims, by such punishment, other
than death, as a military commission under this chapter may
direct.
``(3) Attacking civilian objects.--Any person subject to
this chapter who intentionally engages in an attack upon a
civilian object that is not a military objective shall be
punished as a military commission under this chapter may direct.
``(4) Attacking protected property.--Any person subject to
this chapter who intentionally engages in an attack upon
protected property shall be punished as a military commission
under this chapter may direct.
``(5) Pillaging.--Any person subject to this chapter who
intentionally and in the absence of military necessity
appropriates or seizes property for private or personal use,
without the consent of a person with authority to permit such
appropriation or seizure, shall be punished as a military
commission under this chapter may direct.
``(6) Denying quarter.--Any person subject to this chapter
who, with effective command or control over subordinate groups,
declares, orders, or otherwise indicates to those groups that
there shall be no survivors or surrender accepted, with the
intent to threaten an adversary or to conduct hostilities such
that there would be no survivors or surrender accepted, shall be
punished as a military commission under this chapter may direct.

[[Page 123 STAT. 2608]]

``(7) Taking hostages.--Any person subject to this chapter
who, having knowingly seized or detained one or more persons,
threatens to kill, injure, or continue to detain such person or
persons with the intent of compelling any nation, person other
than the hostage, or group of persons to act or refrain from
acting as an explicit or implicit condition for the safety or
release of such person or persons, shall be punished, if death
results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
``(8) Employing poison or similar weapons.--Any person
subject to this chapter who intentionally, as a method of
warfare, employs a substance or weapon that releases a substance
that causes death or serious and lasting damage to health in the
ordinary course of events, through its asphyxiating,
bacteriological, or toxic properties, shall be punished, if
death results to one or more of the victims, by death or such
other punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
``(9) Using protected persons as a shield.--Any person
subject to this chapter who positions, or otherwise takes
advantage of, a protected person with the intent to shield a
military objective from attack. or to shield, favor, or impede
military operations, shall be punished, if death results to one
or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if death
does not result to any of the victims, by such punishment, other
than death, as a military commission under this chapter may
direct.
``(10) Using protected property as a shield.--Any person
subject to this chapter who positions, or otherwise takes
advantage of the location of, protected property with the intent
to shield a military objective from attack, or to shield, favor,
or impede military operations, shall be punished as a military
commission under this chapter may direct.
``(11) Torture.--
``(A) Offense.--Any person subject to this chapter
who commits an act specifically intended to inflict
severe physical or mental pain or suffering (other than
pain or suffering incidental to lawful sanctions) upon
another person within his custody or physical control
for the purpose of obtaining information or a
confession, punishment, intimidation, coercion, or any
reason based on discrimination of any kind, shall be
punished, if death results to one or more of the
victims, by death or such other punishment as a military
commission under this chapter may direct, and, if death
does not result to any of the victims, by such
punishment, other than death, as a military commission
under this chapter may direct.
``(B) Severe mental pain or suffering defined.--In
this paragraph, the term `severe mental pain or
suffering' has the meaning given that term in section
2340(2) of title 18.

[[Page 123 STAT. 2609]]

``(12) Cruel or inhuman treatment.--Any person subject to
this chapter who subjects another person in their custody or
under their physical control, regardless of nationality or
physical location, to cruel or inhuman treatment that
constitutes a grave breach of common Article 3 of the Geneva
Conventions shall be punished, if death results to the victim,
by death or such other punishment as a military commission under
this chapter may direct, and, if death does not result to the
victim, by such punishment, other than death, as a military
commission under this chapter may direct.
``(13) Intentionally causing serious bodily injury.--
``(A) Offense.--Any person subject to this chapter
who intentionally causes serious bodily injury to one or
more persons, including privileged belligerents, in
violation of the law of war shall be punished, if death
results to one or more of the victims, by death or such
other punishment as a military commission under this
chapter may direct, and, if death does not result to any
of the victims, by such punishment, other than death, as
a military commission under this chapter may direct.
``(B) Serious bodily injury defined.--In this
paragraph, the term `serious bodily injury' means bodily
injury which involves--
``(i) a substantial risk of death;
``(ii) extreme physical pain;
``(iii) protracted and obvious disfigurement;
or
``(iv) protracted loss or impairment of the
function of a bodily member, organ, or mental
faculty.
``(14) Mutilating or maiming.--Any person subject to this
chapter who intentionally injures one or more protected persons
by disfiguring the person or persons by any mutilation of the
person or persons, or by permanently disabling any member, limb,
or organ of the body of the person or persons, without any
legitimate medical or dental purpose, shall be punished, if
death results to one or more of the victims, by death or such
other punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
``(15) Murder in violation of the law of war.--Any person
subject to this chapter who intentionally kills one or more
persons, including privileged belligerents, in violation of the
law of war shall be punished by death or such other punishment
as a military commission under this chapter may direct.
``(16) Destruction of property in violation of the law of
war.--Any person subject to this chapter who intentionally
destroys property belonging to another person in violation of
the law of war shall punished as a military commission under
this chapter may direct.
``(17) Using treachery or perfidy.--Any person subject to
this chapter who, after inviting the confidence or belief of one
or more persons that they were entitled to, or obliged to
accord, protection under the law of war, intentionally makes use
of that confidence or belief in killing, injuring, or capturing
such person or persons shall be punished, if death results

[[Page 123 STAT. 2610]]

to one or more of the victims, by death or such other punishment
as a military commission under this chapter may direct, and, if
death does not result to any of the victims, by such punishment,
other than death, as a military commission under this chapter
may direct.
``(18) Improperly using a flag of truce.--Any person subject
to this chapter who uses a flag of truce to feign an intention
to negotiate, surrender, or otherwise suspend hostilities when
there is no such intention shall be punished as a military
commission under this chapter may direct.
``(19) Improperly using a distinctive emblem.--Any person
subject to this chapter who intentionally uses a distinctive
emblem recognized by the law of war for combatant purposes in a
manner prohibited by the law of war shall be punished as a
military commission under this chapter may direct.
``(20) Intentionally mistreating a dead body.--Any person
subject to this chapter who intentionally mistreats the body of
a dead person, without justification by legitimate military
necessary, shall be punished as a military commission under this
chapter may direct.
``(21) Rape.--Any person subject to this chapter who
forcibly or with coercion or threat of force wrongfully invades
the body of a person by penetrating, however slightly, the anal
or genital opening of the victim with any part of the body of
the accused, or with any foreign object, shall be punished as a
military commission under this chapter may direct.
``(22) Sexual assault or abuse.--Any person subject to this
chapter who forcibly or with coercion or threat of force engages
in sexual contact with one or more persons, or causes one or
more persons to engage in sexual contact, shall be punished as a
military commission under this chapter may direct
``(23) Hijacking or hazarding a vessel or aircraft.--Any
person subject to this chapter who intentionally seizes,
exercises unauthorized control over, or endangers the safe
navigation of a vessel or aircraft that is not a legitimate
military objective shall be punished, if death results to one or
more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if death
does not result to any of the victims, by such punishment, other
than death, as a military commission under this chapter may
direct.
``(24) Terrorism.--Any person subject to this chapter who
intentionally kills or inflicts great bodily harm on one or more
protected persons, or intentionally engages in an act that
evinces a wanton disregard for human life, in a manner
calculated to influence or affect the conduct of government or
civilian population by intimidation or coercion, or to retaliate
against government conduct, shall be punished, if death results
to one or more of the victims, by death or such other punishment
as a military commission under this chapter may direct, and, if
death does not result to any of the victims, by such punishment,
other than death, as a military commission under this chapter
may direct.
``(25) Providing material support for terrorism.--
``(A) Offense.--Any person subject to this chapter
who provides material support or resources, knowing or

[[Page 123 STAT. 2611]]

intending that they are to be used in preparation for,
or in carrying out, an act of terrorism (as set forth in
paragraph (24) of this section), or who intentionally
provides material support or resources to an
international terrorist organization engaged in
hostilities against the United States, knowing that such
organization has engaged or engages in terrorism (as so
set forth), shall be punished as a military commission
under this chapter may direct.
``(B) Material support or resources defined.--In
this paragraph, the term `material support or resources'
has the meaning given that term in section 2339A(b) of
title 18.
``(26) Wrongfully aiding the enemy.--Any person subject to
this chapter who, in breach of an allegiance or duty to the
United States, knowingly and intentionally aids an enemy of the
United States, or one of the co-belligerents of the enemy, shall
be punished as a military commission under this chapter may
direct.
``(27) Spying.--Any person subject to this chapter who, in
violation of the law of war and with intent or reason to believe
that it is to be used to the injury of the United States or to
the advantage of a foreign power, collects or attempts to
collect information by clandestine means or while acting under
false pretenses, for the purpose of conveying such information
to an enemy of the United States, or one of the co-belligerents
of the enemy, shall be punished by death or such other
punishment as a military commission under this chapter may
direct.
``(28) Attempts.--
``(A) In general.--Any person subject to this
chapter who attempts to commit any offense punishable by
this chapter shall be punished as a military commission
under this chapter may direct.
``(B) Scope of offense.--An act, done with specific
intent to commit an offense under this chapter,
amounting to more than mere preparation and tending,
even though failing, to effect its commission, is an
attempt to commit that offense.
``(C) Effect of consummation.--Any person subject to
this chapter may be convicted of an attempt to commit an
offense although it appears on the trial that the
offense was consummated.
``(29) Conspiracy.--Any person subject to this chapter who
conspires to commit one or more substantive offenses triable by
military commission under this subchapter, and who knowingly
does any overt act to effect the object of the conspiracy, shall
be punished, if death results to one or more of the victims, by
death or such other punishment as a military commission under
this chapter may direct, and, if death does not result to any of
the victims, by such punishment, other than death, as a military
commission under this chapter may direct.
``(30) Solicitation.--Any person subject to this chapter who
solicits or advises another or others to commit one or more
substantive offenses triable by military commission under this
chapter shall, if the offense solicited or advised is attempted
or committed, be punished with the punishment provided for the
commission of the offense, but, if the offense solicited or

[[Page 123 STAT. 2612]]

advised is not committed or attempted, shall be punished as a
military commission under this chapter may direct.
``(31) Contempt.--A military commission under this chapter
may punish for contempt any person who uses any menacing word,
sign, or gesture in its presence, or who disturbs its
proceedings by any riot or disorder.
``(32) Perjury and obstruction of justice.--A military
commission under this chapter may try offenses and impose such
punishment as the military commission may direct for perjury,
false testimony, or obstruction of justice related to the
military commission.''.
SEC. 1803. CONFORMING AMENDMENTS.

(a) Uniform Code of Military Justice.--
(1) Persons subject to ucmj.--Paragraph (13) of section
802(a) of title 10, United States Code (article 2(a) of the
Uniform Code of Military Justice), is amended to read as
follows:
``(13) Individuals belonging to one of the eight categories
enumerated in Article 4 of the Convention Relative to the
Treatment of Prisoners of War, done at Geneva August 12, 1949 (6
UST 3316), who violate the law of war.''.
(2) Construction of military commissions with courts-
martial.--Section 839 of such title (article 39 of the Uniform
Code of Military Justice) is amended by adding at the end the
following new subsection:

``(d) The findings, holdings, interpretations, and other precedents
of military commissions under chapter 47A of this title--
``(1) may not be introduced or considered in any hearing,
trial, or other proceeding of a court-martial under this
chapter; and
``(2) may not form the basis of any holding, decision, or
other determination of a court-martial.''.

(b) Appellate Review Under Detainee Treatment Act of 2005.--Section
1005(e) of the Detainee Treatment Act of 2005 (title X of Public Law
109-359; 10 U.S.C. 801 note) is amended by striking paragraph (3).
SEC. 1804. <<NOTE: 10 USC 948a note.>> PROCEEDINGS UNDER PRIOR
STATUTE.

(a) Prior Convictions.--The amendment made by section 1802 shall
have no effect on the validity of any conviction pursuant to chapter 47A
of title 10, United States Code (as such chapter was in effect on the
day before the date of the enactment of this Act).
(b) Composition of Military Commissions.--Notwithstanding the
amendment made by section 1802--
(1) any commission convened pursuant to chapter 47A of title
10, United States Code (as such chapter was in effect on the day
before the date of the enactment of this Act), shall be deemed
to have been convened pursuant to chapter 47A of title 10,
United States Code (as amended by section 1802);
(2) any member of the Armed Forces detailed to serve on a
commission pursuant to chapter 47A of title 10, United States
Code (as in effect on the day before the date of the enactment
of this Act), shall be deemed to have been detailed pursuant to
chapter 47A of title 10, United States Code (as so amended);

[[Page 123 STAT. 2613]]

(3) any military judge detailed to a commission pursuant to
chapter 47A of title 10, United States Code (as in effect on the
day before the date of the enactment of this Act), shall be
deemed to have been detailed pursuant to chapter 47A of title
10, United States Code (as so amended);
(4) any trial counsel or defense counsel detailed for a
commission pursuant to chapter 47A of title 10, United States
Code (as in effect on the day before the date of the enactment
of this Act), shall be deemed to have been detailed pursuant to
chapter 47A of title 10, United States Code (as so amended);
(5) any court reporters detailed to or employed by a
commission pursuant to chapter 47A of title 10, United States
Code (as in effect on the day before the date of the enactment
of this Act), shall be deemed to have been detailed or employed
pursuant to chapter 47A of title 10, United States Code (as so
amended); and
(6) any appellate military judge or other duly appointed
appellate judge on the Court of Military Commission Review
pursuant to chapter 47A of title 10, United States Code (as in
effect on the day before the date of the enactment of this Act),
shall be deemed to have been detailed or appointed to the United
States Court of Military Commission Review pursuant to chapter
47A of title 10, United States Code (as so amended).

(c) Charges and Specifications.--Notwithstanding the amendment made
by section 1802--
(1) any charges or specifications sworn or referred pursuant
to chapter 47A of title 10, United States Code (as such chapter
was in effect on the day before the date of the enactment of
this Act), shall be deemed to have been sworn or referred
pursuant to chapter 47A of title 10, United States Code (as
amended by section 1802); and
(2) any charges or specifications described in paragraph (1)
may be amended, without prejudice, as needed to properly allege
jurisdiction under chapter 47A of title 10, United States Code
(as so amended), and crimes triable under such chapter.

(d) Procedures and Requirements.--
(1) In general.--Except as provided in subsections (a)
through (c) and subject to paragraph (2), any commission
convened pursuant to chapter 47A of title 10, United States Code
(as such chapter was in effect on the day before the date of the
enactment of this Act), shall be conducted after the date of the
enactment of this Act in accordance with the procedures and
requirements of chapter 47A of title 10, United States Code (as
amended by section 1802).
(2) Temporary continuation of prior procedures and
requirements.--Any military commission described in paragraph
(1) may be conducted in accordance with any procedures and
requirements of chapter 47A of title 10, United States Code (as
in effect on the day before the date of the enactment of this
Act), that are not inconsistent with the provisions of chapter
47A of title 10, United States Code, (as so amended), until the
earlier of--
(A) the date of the submittal to Congress under
section 1805 of the revised rules for military
commissions under chapter 47A of title 10, United States
Code (as so amended); or

[[Page 123 STAT. 2614]]

(B) the date that is 90 days after the date of the
enactment of this Act.
SEC. 1805. <<NOTE: 10 USC 948a note.>> SUBMITTAL TO CONGRESS OF
REVISED RULES FOR MILITARY COMMISSIONS.

(a) Deadline for Submittal.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives the revised rules for military commissions prescribed by
the Secretary for purposes of chapter 47A of title 10, United States
Code (as amended by section 1802).
(b) Treatment of Revised Rules Under Requirement for Notice and Wait
Regarding Modification of Rules.--The revised rules submitted to
Congress under subsection (a) shall not be treated as a modification of
the rules in effect for military commissions for purposes of section
949a(d) of title 10, United States Code (as so amended).
SEC. 1806. <<NOTE: 10 USC 948a note.>> ANNUAL REPORTS TO CONGRESS
ON TRIALS BY MILITARY COMMISSION.

(a) Annual Reports Required.--Not later than January 31 of each
year, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on any
trials conducted by military commissions under chapter 47A of title 10,
United States Code (as amended by section 1802), during the preceding
year.
(b) Form.--Each report under this section shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1807. SENSE OF CONGRESS ON MILITARY COMMISSION SYSTEM.

It is the sense of Congress that--
(1) the fairness and effectiveness of the military
commissions system under chapter 47A of title 10, United States
Code (as amended by section 1802), will depend to a significant
degree on the adequacy of defense counsel and associated
resources for individuals accused, particularly in the case of
capital cases, under such chapter 47A; and
(2) defense counsel in military commission cases,
particularly in capital cases, under such chapter 47A of title
10, United States Code (as so amended), should be fully
resourced as provided in such chapter 47A.

TITLE XIX--FEDERAL EMPLOYEE BENEFITS

Subtitle A--General Provisions

Subtitle B--Non-Foreign Area Retirement Equity Assurance

Sec. 1911. Short title.
Sec. 1912. Extension of locality pay.
Sec. 1913. Adjustment of special rates.
Sec. 1914. Transition schedule for locality-based comparability
payments.

[[Page 123 STAT. 2615]]

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.

Subtitle A--General Provisions

SEC. 1901. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States Code, is
amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting
``(l)(1) In computing''; and
(B) by adding at the end the following:

``(2)(A) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an employee who
retires on an immediate annuity or who dies leaving a survivor or
survivors entitled to annuity includes the applicable percentage of the
days of unused sick leave to his credit under a formal leave system and
for which days the employee has not received payment, except that these
days will not be counted in determining average pay or annuity
eligibility under this subchapter. For purposes of this subsection, in
the case of any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days of unused
sick leave to his credit include any unused sick leave standing to his
credit when he was excepted from such subchapter.
``(B) For purposes of subparagraph (A), the term `applicable
percentage' means--
``(i) 50 percent in the case of an annuity, entitlement to
which is based on a death or other separation occurring during
the period beginning on the date of enactment of this paragraph
and ending on December 31, 2013; and
``(ii) 100 percent in the case of an annuity, entitlement to
which is based on a death or other separation occurring after
December 31, 2013.''.

(b) Exception From Deposit Requirement.--Section 8422(d)(2) of title
5, United States Code, is amended by striking ``section 8415(k)'' and
inserting ``paragraph (1) or (2) of section 8415(l)''.
(c) <<NOTE: 5 USC 8415 note.>> Effective Date.--The amendments made
by this section shall apply with respect to any annuity, entitlement to
which is based on a death or other separation from service occurring on
or after the date of enactment of this Act.
SEC. 1902. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS ELIGIBLE
TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE
RETIREMENT SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5, United States
Code, is amended by striking ``October 1, 1990'' each place it appears
and inserting ``March 1, 1991''.
(b) <<NOTE: 5 USC 8334 note.>> Applicability.--The amendment made by
subsection (a) shall be effective with respect to any annuity,
entitlement to which

[[Page 123 STAT. 2616]]

is based on a separation from service occurring on or after the date of
enactment of this Act.
SEC. 1903. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States Code, is
amended by adding at the end the following:
``(3) <<NOTE: Applicability.>> In the administration of paragraph
(1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7, 1986;
and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of
any annuity which is attributable to service performed
on or after April 7, 1986; and
``(ii) shall not apply with respect to that portion
of any annuity which is attributable to service
performed before April 7, 1986.''.

(b) <<NOTE: 5 USC 8339 note.>> Applicability.--The amendment made by
subsection (a) shall be effective with respect to any annuity,
entitlement to which is based on a separation from service occurring on
or after the date of enactment of this Act.
SEC. 1904. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United States Code,
is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund of
retirement deductions under this or any other retirement system
established for employees of the Government covering service for which
such employee or Member may be allowed credit under this chapter may
deposit the amount received, with interest. Credit may not be allowed
for the service covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in accordance
with paragraphs (2) and (3) of section 8334(e) and regulations
prescribed by the Office. The option under the third sentence of section
8334(e)(2) to make a deposit in one or more installments shall apply to
deposits under this subsection.
``(3) For the purpose of survivor annuities, deposits authorized by
this subsection may also be made by a survivor of an employee or
Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title 5,
United States Code, is amended by striking ``8411(f);'' and
inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or survivor
also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

[[Page 123 STAT. 2617]]

``Sec. 8422. Deductions from pay; contributions for other service;
deposits''.
(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section 8422
and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.

(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee or
Member is reemployed in the service subject to this chapter.''.
SEC. 1905. <<NOTE: 5 USC 8332 note.>> RETIREMENT CREDIT FOR
SERVICE OF CERTAIN EMPLOYEES TRANSFERRED
FROM DISTRICT OF COLUMBIA SERVICE TO
FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83 or
chapter 84 of title 5, United States Code, on or after the date
of enactment of this Act who performed qualifying District of
Columbia service shall be entitled to have such service included
in calculating the individual's creditable service under section
8332 or 8411 of title 5, United States Code, but only for
purposes of the following provisions of such title:
(A) Sections 8333 and 8410 (relating to eligibility
for annuity).
(B) Sections 8336 (other than subsections (d), (h),
and (p) thereof) and 8412 (relating to immediate
retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414
(relating to early retirement).
(E) Section 8341 and subchapter IV of chapter 84
(relating to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84
(relating to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under sections
8331(20) or 8401(17) of title 5, United States Code, for
purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not be
taken into account for purposes of computing the amount of any
benefit payable out of the Civil Service Retirement and
Disability Fund.

(b) Qualifying District of Columbia Service Defined.--In this
section, ``qualifying District of Columbia service'' means any of the
following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--

[[Page 123 STAT. 2618]]

(A) which was performed prior to the effective date
of the amendments made by section 11246(b) of the
Balanced Budget Act of 1997; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of chapter
83 or chapter 84 of title 5, United States Code (other
than by virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date
of the individual's coverage as an employee of the
Federal Government under section 11232(f) of such Act;
and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of chapter
83 or chapter 84 of title 5, United States Code (other
than by virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of the
District of Columbia Public Defender Service--
(A) which was performed prior to the effective date
of the amendments made by section 7(e) of the District
of Columbia Courts and Justice Technical Corrections Act
of 1998; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of chapter
83 or chapter 84 of title 5, United States Code (other
than by virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was separated
from service as a result of the closing of the Lorton
Correctional Complex and who was appointed to a position with
the Bureau of Prisons, the District of Columbia courts, the
Pretrial Services, Parole, Adult Supervision, and Offender
Supervision Trustee, the United States Parole Commission, or the
District of Columbia Public Defender Service, service performed
by the individual as an employee of the District of Columbia
Department of Corrections--
(A) which was performed prior to the effective date
of the individual's coverage as an employee of the
Federal Government; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of chapter
83 or chapter 84 of title 5, United States Code (other
than by virtue of section 8331(1)(iv) of such title).

(c) Certification of Service.--The Office of Personnel Management
shall accept the certification of the appropriate personnel official of
the government of the District of Columbia or other independent
employing entity concerning whether an individual performed qualifying
District of Columbia service and the length of the period of such
service the individual performed.

[[Page 123 STAT. 2619]]

Subtitle B-- <<NOTE: Non-Foreign Area Retirement Equity Assurance Act of
2009. 5 USC 5304 note.>> Non-Foreign Area Retirement Equity Assurance
SEC. 1911. SHORT TITLE.

This subtitle may be cited as the ``Non-Foreign Area Retirement
Equity Assurance Act of 2009'' or the ``Non-Foreign AREA Act of 2009''.
SEC. 1912. EXTENSION OF LOCALITY PAY.

(a) Locality-based Comparability Payments.--Section 5304 of title 5,
United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A) and
inserting the following:
``(A) each General Schedule position in the United States,
as defined under section 5921(4), and its territories and
possessions, including the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands, shall be included
within a pay locality; and'';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) by striking ``and'' at the end of
subparagraph (A); and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) positions under subsection (h)(1)(C) not covered by
appraisal systems certified under subsection 5307(d); and
``(C) any positions under subsection (h)(1)(D) as the
President may determine.''; and
(B) by adding at the end the following:

``(3) The applicable maximum under this subsection shall be level II
of the Executive Schedule for positions under subsection (h)(1)(C)
covered by appraisal systems certified under section 5307(d).'';
(3) in subsection (h)(1)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B) the
following:
``(C) a Senior Executive Service position under section 3132
or 3151 or a senior level position under section 5376 stationed
within the United States, but outside the 48 contiguous States
and the District of Columbia in which the incumbent was an
individual who on the day before the effective date of section
1912 of the Non-Foreign Area Retirement Equity Assurance Act of
2009 was eligible to receive a cost-of-living allowance under
section 5941 and who thereafter has served continuously in an
area in which such an allowance was payable; and'';
(D) in clause (iv) (in the matter following
subparagraph (D)), by inserting ``, except for a
position covered by subparagraph (C)'' before the
semicolon;
(E) in clause (v) (in the matter following
subparagraph (D)), by inserting ``, except for a
position covered by subparagraph (C)'' before the
semicolon; and

[[Page 123 STAT. 2620]]

(F) in clause (vii) (in the matter following
subparagraph (D)), by inserting ``, except for a
position covered by subparagraph (C)'' before the
period; and
(4) in subsection (h)(2)--
(A) in subparagraph (B)(i), by striking ``and (B)''
and inserting ``through (C)''; and
(B) in subparagraph (B)(ii), by striking ``(1)(C)''
and inserting ``(1)(D)''.

(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1) shall
be the cost-of-living allowance rate in effect on the date of
enactment of the Non-Foreign Area Retirement Equity Assurance
Act of 2009, except as adjusted under subsection (c).'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:

``(b) <<NOTE: Applicability.>> This section shall apply only to
areas that are designated as cost-of-living allowance areas as in effect
on December 31, 2009.

``(c)(1) <<NOTE: Time period.>> The cost-of-living allowance rate
payable under this section shall be adjusted on the first day of the
first applicable pay period beginning on or after--
``(A) January 1, 2010; and
``(B) January 1 of each calendar year in which a locality-
based comparability adjustment takes effect under paragraphs (2)
and (3), respectively, of section 1914 of the Non-Foreign Area
Retirement Equity Assurance Act of 2009.

``(2)(A) <<NOTE: Definition.>> In this paragraph, the term
`applicable locality-based comparability pay percentage' means, with
respect to calendar year 2010 and each calendar year thereafter, the
applicable percentage under paragraph (1), (2), or (3) of section 1914
of Non-Foreign Area Retirement Equity Assurance Act of 2009.

``(B) Each adjusted cost-of-living allowance rate under paragraph
(1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2009; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability
payment percentage expressed as a numeral.

``(3) No allowance rate computed under paragraph (2) may be less
than zero.
``(4) Each allowance rate computed under paragraph (2) shall be paid
as a percentage of basic pay (including any applicable locality-based
comparability payment under section 5304 or similar provision of law and
any applicable special rate of pay under section 5305 or similar
provision of law).''.
SEC. 1913. ADJUSTMENT OF SPECIAL RATES.

(a) In General.--Each special rate of pay established under section
5305 of title 5, United States Code, and payable in an area designated
as a cost-of-living allowance area under section 5941(a) of that title,
shall be adjusted, on the dates prescribed

[[Page 123 STAT. 2621]]

by section 1914, in accordance with regulations prescribed by the
Director of the Office of Personnel Management under section 1918.
(b) Agencies With Statutory Authority.--
(1) In general.-- <<NOTE: Regulations.>> Each special rate
of pay established under an authority described under paragraph
(2) and payable in a location designated as a cost-of-living
allowance area under section 5941(a)(1) of title 5, United
States Code, shall be adjusted in accordance with regulations
prescribed by the applicable head of the agency that are
consistent with the regulations issued by the Director of the
Office of Personnel Management under subsection (a).
(2) Statutory authority.--The authority referred to under
paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under
section 5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the
head of the agency determines it to be necessary in
order to obtain or retain the services of persons
specified by statute; and
(C) authorizes the head of the agency to increase
the minimum, intermediate, or maximum rates of basic pay
authorized under applicable statutes and regulations.

(c) Temporary Adjustment.--Regulations issued under subsection (a)
or (b) may provide that statutory limitations on the amount of such
special rates may be temporarily raised to a higher level during the
transition period described in section 1914 ending on the first day of
the first pay period beginning on or after January 1, 2012, at which
time any special rate of pay in excess of the applicable limitation
shall be converted to a retained rate under section 5363 of title 5,
United States Code.
SEC. 1914. <<NOTE: President.>> TRANSITION SCHEDULE FOR LOCALITY-
BASED COMPARABILITY PAYMENTS.

Notwithstanding any other provision of this subtitle or section
5304 or 5304a of title 5, United States Code, in implementing the
amendments made by this subtitle, for each non-foreign area determined
under section 5941(b) of such title, the applicable rate for the
locality-based comparability adjustment that is used in the computation
required under section 5941(c) of such title shall be adjusted,
effective on the first day of the first pay period beginning on or after
January 1--
(1) in calendar year 2010, by using 1/3 of the locality pay
percentage for the rest of United States locality pay area;
(2) in calendar year 2011, by using 2/3 of the otherwise
applicable comparability payment approved by the President for
each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by using
the full amount of the applicable comparability payment approved
by the President for each non-foreign area.
SEC. 1915. SAVINGS PROVISION.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the application of this subtitle to any employee should
not result in a decrease in the take home pay of that employee;
(2) in calendar year 2012 and each subsequent year, no
employee shall receive less than the Rest of the U.S. locality
pay rate;

[[Page 123 STAT. 2622]]

(3) concurrent with the surveys next conducted under the
provisions of section 5304(d)(1)(A) of title 5, United States
Code, beginning after the date of the enactment of this Act, the
Bureau of Labor Statistics should conduct separate surveys to
determine the extent of any pay disparity (as defined by section
5302 of that title) that may exist with respect to positions
located in the State of Alaska, the State of Hawaii, and the
United States territories, including American Samoa, Guam,
Commonwealth of the Northern Mariana Islands, Commonwealth of
Puerto Rico, and the United States Virgin Islands;
(4) if the surveys under paragraph (3) indicate that the pay
disparity determined for the State of Alaska, the State of
Hawaii, or any 1 of the United States territories including
American Samoa, Guam, Commonwealth of the Northern Mariana
Islands, Commonwealth of Puerto Rico, and the United States
Virgin Islands exceeds the pay disparity determined for the
locality which (for purposes of section 5304 of that title) is
commonly known as the ``Rest of the United States'', the
President's Pay Agent should take appropriate measures to
provide that each such surveyed area be treated as a separate
pay locality for purposes of that section; and
(5) the President's Pay Agent will establish 1 locality area
for the entire State of Hawaii and 1 locality area for the
entire State of Alaska.

(b) Savings Provisions.--
(1) In general.-- <<NOTE: Time period.>> During the
transition period described in section 1914 ending on the first
day of the first pay period beginning on or after January 1,
2012, an employee paid a special rate under 5305 of title 5,
United States Code, who the day before the date of enactment of
this Act was eligible to receive a cost-of-living allowance
under section 5941 of title 5, United States Code, and who
continues to be officially stationed in an allowance area, shall
receive an increase in the employee's special rate consistent
with increases in the applicable special rate schedule. For
employees in allowance areas, the minimum step rate for any
grade of a special rate schedule shall be increased at the time
of an increase in the applicable locality rate percentage for
the allowance area by not less than the dollar increase in the
locality-based comparability payment for a non-special rate
employee at the same minimum step provided under section 1914 of
this subtitle, and corresponding increases shall be provided for
all step rates of the given pay range.
(2) Continuation of cost of living allowance rate.--If an
employee, who the day before the date of enactment of this Act
was eligible to receive a cost-of-living allowance under section
5941 of title 5, United States Code, would receive a rate of
basic pay and applicable locality-based comparability payment
which is in excess of the maximum rate limitation set under
section 5304(g) of title 5, United States Code, for his position
(but for that maximum rate limitation) due to the operation of
this subtitle, the employee shall continue to receive the cost-
of-living allowance rate in effect on December 31, 2009 without
adjustment until--
(A) the employee leaves the allowance area or pay
system; or

[[Page 123 STAT. 2623]]

(B) the employee is entitled to receive basic pay
(including any applicable locality-based comparability
payment or similar supplement) at a higher rate,
but, when any such position becomes vacant, the pay of any
subsequent appointee thereto shall be fixed in the manner
provided by applicable law and regulation.
(3) Locality-based comparability payments.--Any employee
covered under paragraph (2) shall receive any applicable
locality-based comparability payment extended under section 1914
of this subtitle which is not in excess of the maximum rate set
under section 5304(g) of title 5, United States Code, for his
position including any future increase to statutory pay
limitations under 5318 of title 5, United States Code.
Notwithstanding paragraph (2), to the extent that an employee
covered under that paragraph receives any amount of locality-
based comparability payment, the cost-of-living allowance rate
under that paragraph shall be reduced accordingly, as provided
under section 5941(c)(2)(B) of title 5, United States Code.
SEC. 1916. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on the day before the date of enactment of
this Act--
(I) was eligible to be paid a cost-
of-living allowance under 5941 of title
5, United States Code; and
(II) was not eligible to be paid
locality-based comparability payments
under 5304 or 5304a of that title; or
(ii) on or after the date of enactment of this
Act becomes eligible to be paid a cost-of-living
allowance under 5941 of title 5, United States
Code; or
(B) any employee who--
(i) on the day before the date of enactment of
this Act--
(I) was eligible to be paid an
allowance under section 1603(b) of title
10, United States Code;
(II) was eligible to be paid an
allowance under section 1005(b) of title
39, United States Code;
(III) was employed by the
Transportation Security Administration
of the Department of Homeland Security
and was eligible to be paid an allowance
based on section 5941 of title 5, United
States Code; or
(IV) was eligible to be paid under
any other authority a cost-of-living
allowance that is equivalent to the
cost-of-living allowance under section
5941 of title 5, United States Code; or
(ii) on or after the date of enactment of this
Act--
(I) becomes eligible to be paid an
allowance under section 1603(b) of title
10, United States Code;

[[Page 123 STAT. 2624]]

(II) becomes eligible to be paid an
allowance under section 1005(b) of title
39, United States Code;
(III) is employed by the
Transportation Security Administration
of the Department of Homeland Security
and becomes eligible to be paid an
allowance based on section 5941 of title
5, United States Code; or
(IV) becomes eligible to be paid
under any other authority a cost-of-
living allowance that is equivalent to
the cost-of-living allowance under
section 5941 of title 5, United States
Code.
(2) Application to covered employees.--
(A) In general.--Notwithstanding any other provision
of law, for purposes of this subtitle (including the
amendments made by this subtitle) any covered employee
shall be treated as an employee to whom section 5941 of
title 5, United States Code (as amended by section 1912
of this subtitle), and section 1914 of this subtitle
apply.
(B) Pay fixed by statute.--Pay to covered employees
under section 5304 or 5304a of title 5, United States
Code, as a result of the application of this subtitle
shall be considered to be fixed by statute.
(C) Performance appraisal system.--With respect to a
covered employee who is subject to a performance
appraisal system no part of pay attributable to
locality-based comparability payments as a result of the
application of this subtitle including section 5941 of
title 5, United States Code (as amended by section 1912
of this subtitle), may be reduced on the basis of the
performance of that employee.

(b) Postal Employees in Non-foreign Areas.--
(1) In general.--Section 1005(b) of title 39, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``Section 5941,'' and inserting
``Except as provided under paragraph (2), section
5941'';
(C) by striking ``For purposes of such section,''
and inserting ``Except as provided under paragraph (2),
for purposes of section 5941 of that title,''; and
(D) by adding at the end the following:

``(2) On and after the date of enactment of the Non-Foreign Area
Retirement Equity Assurance Act of 2009--
``(A) the provisions of that Act and section 5941 of title 5
shall apply to officers and employees covered by section 1003
(b) and (c) whose duty station is in a nonforeign area; and
``(B) with respect to officers and employees of the Postal
Service (other than those officers and employees described under
subparagraph (A)) of section 1916(b)(2) of that Act shall
apply.''.
(2) Continuation of cost of living allowance.--
(A) In general.--Notwithstanding any other provision
of this subtitle, any employee of the Postal Service
(other than an employee covered by section 1003 (b) and
(c) of title 39, United States Code, whose duty station
is in a nonforeign area) who is paid an allowance under
section

[[Page 123 STAT. 2625]]

1005(b) of that title shall be treated for all purposes
as if the provisions of this subtitle (including the
amendments made by this subtitle) had not been enacted,
except that the cost-of-living allowance rate paid to
that employee--
(i) may result in the allowance exceeding 25
percent of the rate of basic pay of that employee;
and
(ii) shall be the greater of--
(I) the cost-of-living allowance
rate in effect on December 31, 2009 for
the applicable area; or
(II) the applicable locality-based
comparability pay percentage under
section 1914.
(B) Rule of construction.--Nothing in this subtitle
shall be construed to--
(i) provide for an employee described under
subparagraph (A) to be a covered employee as
defined under subsection (a); or
(ii) authorize an employee described under
subparagraph (A) to file an election under section
1917 of this subtitle.
SEC. 1917. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY
COMPUTATION BY EMPLOYEES.

(a) Definition.--In this section the term ``covered employee'' means
any employee--
(1) to whom section 1914 applies;
(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of January 1, 2010, through December 31, 2012; and
(3) who files an election with the Office of Personnel
Management under subsection (b).

(b) Election.--
(1) In general.--An employee described under subsection (a)
(1) and (2) may file an election with the Office of Personnel
Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2012.

(c) Computation of Annuity.--
(1) In general.--Except as provided under paragraph (2), for
purposes of the computation of an annuity of a covered employee
any cost-of-living allowance under section 5941 of title 5,
United States Code, paid to that employee during the first
applicable pay period beginning on or after January 1, 2010
through the first applicable pay period ending on or after
December 31, 2012, shall be considered basic pay as defined
under section 8331(3) or 8401(4) of that title.
(2) Limitation.--An employee's cost-of-living allowance may
be considered basic pay under paragraph (1) only to the extent
that, when added to the employee's locality-based comparability
payments, the resulting sum does not exceed the amount of the
locality-based comparability payments the employee would have
received during that period for the applicable pay area if the
limitation under section 1914 did not apply.

(d) Civil Service Retirement and Disability Retirement Fund.--

[[Page 123 STAT. 2626]]

(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have
been deducted and withheld from pay under section
8334 or 8422 of title 5, United States Code,
during the period described under subsection (c)
of this section if the cost-of-living allowances
described under that subsection had been treated
as basic pay under section 8331(3) or 8401(4) of
title 5, United States Code; and
(ii) employee contributions that were actually
deducted and withheld from pay under section 8334
or 8422 of title 5, United States Code, during
that period; and
(B) interest as prescribed under section 8334(e) of
title 5, United States Code, based on the amount
determined under subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered
employee shall pay into the Civil Service Retirement and
Disability Retirement Fund an amount for applicable
agency contributions based on payments made under
paragraph (1).
(B) Source.--Amounts paid under this paragraph shall
be contributed from the appropriation or fund used to
pay the employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.
SEC. 1918. REGULATIONS.

(a) In General.--The Director of the Office of Personnel Management
shall prescribe regulations to carry out this subtitle, including--
(1) rules for special rate employees described under section
1913;
(2) rules for adjusting rates of basic pay for employees in
pay systems administered by the Office of Personnel Management
when such employees are not entitled to locality-based
comparability payments under section 5304 of title 5, United
States Code, without regard to otherwise applicable statutory
pay limitations during the transition period described in
section 1914 ending on the first day of the first pay period
beginning on or after January 1, 2012; and
(3) rules governing establishment and adjustment of saved or
retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2012.

(b) Other Pay Systems.--With the concurrence of the Director of the
Office of Personnel Management, the administrator of a pay system not
administered by the Office of Personnel Management shall prescribe
regulations to carry out this subtitle with respect to employees in such
pay system, consistent with the regulations prescribed by the Office
under subsection (a). With respect to employees not entitled to
locality-based comparability payments under section 5304 of title 5,
United States Code, regulations prescribed under this subsection may
provide for special payments

[[Page 123 STAT. 2627]]

or adjustments for employees who were eligible to receive a cost-of-
living allowance under section 5941 of that title on the date before the
date of enactment of this Act.
SEC. 1919. EFFECTIVE DATES.

(a) In General.--Except as provided by subsection (b), this subtitle
(including the amendments made by this subtitle) shall take effect on
the date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by section 1912
and the provisions of section 1914 shall take effect on the first day of
the first applicable pay period beginning on or after January 1, 2010.

DIVISION B-- <<NOTE: Military Construction Authorization Act for Fiscal
Year 2010.>> MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2010''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.

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

(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2012; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2013 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. RELATION TO FUNDING TABLES.

(a) Military Construction, Military Family Housing, and Related
Activities.--The amounts authorized to be appropriated by sections 2104,
2204, 2304, 2404, 2411, 2502, and 2606 shall be available, in accordance
with the requirements of section 4001, for projects, programs, and
activities, and in the amounts, specified in the funding table in
section 4501.
(b) Base Closure and Realignment Activities.--The amounts authorized
to be appropriated by section 2703 shall be available, in accordance
with the requirements of section 4001,

[[Page 123 STAT. 2628]]

for projects, programs, and activities, and in the amounts, specified in
the funding table in section 4502.
(c) Overseas Contingency Operations.--The amounts authorized to be
appropriated by sections 2901 and 2902 shall be available, in accordance
with the requirements of section 4001, for projects, programs, and
activities, and in the amounts, specified in the funding table in
section 4503.
SEC. 2004. GENERAL REDUCTION ACROSS DIVISION.

(a) Reduction.--Of the amounts provided in the authorizations of
appropriations in this division, the overall authorization of
appropriations in this division is reduced by $529,091,000.
(b) Report on Application.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing how the reduction
required by subsection (a) is applied.

TITLE XXI--ARMY

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

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

Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Anniston Army Depot.............................. $3,300,000
Redstone Arsenal................................. $3,550,000
Alaska...................................... Fort Richardson.................................. $56,050,000
Fort Wainwright.................................. $198,000,000
Arizona..................................... Fort Huachuca.................................... $27,700,000
Arkansas.................................... Pine Bluff Arsenal............................... $25,000,000
California.................................. Fort Irwin....................................... $9,500,000
Colorado.................................... Fort Carson...................................... $240,950,000
Florida..................................... Eglin Air Force Base............................. $132,800,000
Georgia..................................... Fort Benning..................................... $295,300,000
Fort Gillem...................................... $10,800,000
Fort Stewart..................................... $100,400,000
Hawaii...................................... Schofield Barracks............................... $184,000,000
Wheeler Army Air Field........................... $7,500,000
Kansas...................................... Fort Riley....................................... $168,500,000
Kentucky.................................... Fort Campbell.................................... $14,400,000
Fort Knox........................................ $70,000,000
Louisiana................................... Fort Polk........................................ $55,400,000
Maryland.................................... Aberdeen Proving Ground.......................... $15,500,000
Fort Detrick..................................... $46,400,000
Fort Meade....................................... $2,350,000
Missouri.................................... Fort Leonard Wood................................ $170,800,000
New Jersey.................................. Picatinny Arsenal................................ $10,200,000
New York.................................... Fort Drum........................................ $92,700,000
North Carolina.............................. Fort Bragg....................................... $114,600,000

[[Page 123 STAT. 2629]]

Sunny Point Military Ocean Terminal.............. $28,900,000
Oklahoma.................................... Fort Sill........................................ $90,500,000
McAlester Army Ammunition Plant.................. $12,500,000
South Carolina.............................. Charleston Naval Weapons Station................ $21,800,000
Fort Jackson..................................... $103,500,000
Texas....................................... Fort Bliss....................................... $219,400,000
Fort Hood........................................ $42,900,000
Fort Sam Houston................................. $19,800,000
Utah........................................ Dugway Proving Ground............................ $25,000,000
Virginia.................................... Fort A.P. Hill................................... $23,000,000
Fort Belvoir..................................... $17,900,000
Fort Eustis...................................... $8,900,000
Fort Lee......................................... $5,000,000
Washington.................................. Fort Lewis....................................... $18,700,000
Various locations........................... Troop Trainee Housing............................ $350,000,000
----------------------------------------------------------------------------------------------------------------

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

SEC. 2102. FAMILY HOUSING.

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

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

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

[[Page 123 STAT. 2630]]

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $4,516,073,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $2,752,500,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $303,000,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$25,000,000.
(4) For host nation support and architectural and
engineering services and construction design under section 2807
of title 10, United States Code, $200,519,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $241,236,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $523,418,000.
(6) For the construction of increment 4 of a brigade complex
at Fort Lewis, Washington, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2445), as amended
by section 20814 of the Continuing Appropriations Resolution,
2007 (division B of Public Law 109-289), as added by section 2
of the Revised Continuing Resolution, 2007 (Public Law 110-5;
121 Stat 41) $102,000,000.
(7) For the construction of increment 3 of the United States
Southern Command Headquarters at Miami Doral, Florida,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 504), $55,400,000.
(8) For the construction of increment 3 of the brigade
complex operations support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 505), $23,500,000.
(9) For the construction of increment 3 of the brigade
complex barracks and community support facility at Vicenza,
Italy, authorized by section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 505), $22,500,000.
(10) For the construction of increment 2 of a barracks and
dining complex at Fort Carson, Colorado, authorized by section
2101(a) of the Military Construction Authorization Act

[[Page 123 STAT. 2631]]

for Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4659), $60,000,000.
(11) For the construction of increment 2 of a barracks and
dining complex at Fort Stewart, Georgia, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4659), $80,000,000.
(12) For the construction of increment 2 of the family
housing replacement construction at Wiesbaden Air Base, Germany,
authorized by section 2102(a) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law
110-417; 122 Stat. 4663), $10,000,000.
(13) For the construction of increment 2 of the family
housing replacement construction at Wiesbaden Air Base, Germany,
authorized by section 2102(a) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law
110-417; 122 Stat. 4663), $11,000,000.
(14) For the construction of increment 2 of the family
housing replacement construction at Wiesbaden Air Base, Germany,
authorized by section 2102(a) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law
110-417; 122 Stat. 4663), $11,000,000.
(15) For the construction of increment 1 of an Aviation Task
Force Complex Phase 1 at Fort Wainwright, Alaska, authorized by
section 2101(a), $95,000,000.

(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $95,000,000 (the balance of the amount authorized under
section 2101(a) for an aviation task force complex, Phase I at
Fort Wainwright, Alaska).
(3) $25,000,000 (the balance of the amount authorized under
section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 505) for construction of a brigade complex operations
support facility at Vicenza, Italy.
(4) $26,000,000 (the balance of the amount authorized under
section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 505) for construction of a brigade complex operations
support facility at Vicenza, Italy.

(c) Limitation on Implementation of Troop Trainee Barracks
Projects.-- <<NOTE: Reports. Certifications.>> The Secretary of the Army
may not enter into an award of a project for any troop trainee barracks
authorized under section 2101(a) until the Secretary submits to the
congressional defense committees a report that includes the following:
(1) Within the amounts authorized to be appropriated under
subsection (a), a list of the proposed projects.
(2) A Military Construction Data Sheet for each project.
(3) A certification that the projects can be awarded in the
year for which the appropriation of funds is made.
(4) A certification that the projects are listed in the
current Future Years Defense Program for the Army.

[[Page 123 STAT. 2632]]

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

In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4659) for Fort Bragg, North
Carolina, for construction of a chapel at the installation, the
Secretary of the Army may construct up to a 22,600 square-feet (400
person) chapel consistent with the Army's standard square footage for
chapel construction guidelines.
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.

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

(b) Table.--The table referred to in subsection (a) is as follows:

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

TITLE XXII--NAVY

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

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

Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station, Yuma................. $28,770,000
California.................................... Mountain Warfare Training Center Bridgeport.... $11,290,000
Marine Corps Base, Camp Pendleton.............. $775,162,000

[[Page 123 STAT. 2633]]

Edwards Air Force Base......................... $3,007,000
Naval Station Monterey......................... $10,240,000
Marine Corps Base, Twentynine Palms............ $513,680,000
Marine Corps Air Station, Miramar.............. $9,280,000
Point Loma Annex............................... $11,060,000
Naval Station, San Diego....................... $23,590,000
Connecticut................................... Naval Submarine Base, New London............... $6,570,000
Florida....................................... Blount Island Command.......................... $3,760,000
Eglin Air Force Base........................... $26,287,000
Naval Air Station, Jacksonville................ $5,917,000
Naval Station, Mayport......................... $102,345,000
Naval Air Station, Pensacola................... $26,161,000
Naval Air Station, Whiting Field............... $4,120,000
Georgia....................................... Marine Corps Logistics Base, Albany............ $4,870,000
Hawaii........................................ Oahu........................................... $5,380,000
Naval Station, Pearl Harbor.................... $60,252,000
Indiana....................................... Naval Support Activity......................... $13,710,000
Maine......................................... Portsmouth Naval Shipyard...................... $7,090,000
Maryland...................................... Naval Surface Warfare Center, Carderock........ $6,520,000
Naval Air Station, Patuxent River.............. $11,043,000
Nevada........................................ Naval Air Station, Fallon...................... $10,670,000
North Carolina................................ Marine Corps Base, Camp Lejeune................ $673,570,000
Marine Corps Air Station, Cherry Point......... $22,960,000
Marine Corps Air Station, New River............ $107,090,000
Rhode Island.................................. Naval Station, Newport......................... $64,883,000
South Carolina................................ Marine Corps Air Station, Beaufort............. $1,280,000
Marine Corps Recruit Depot, Parris Island...... $6,972,000
Texas......................................... Naval Air Station, Corpus Christi.............. $19,764,000
Naval Air Station, Kingsville.................. $4,470,000
Virginia...................................... Naval Amphibious Base, Little Creek............ $13,095,000
Naval Station Norfolk.......................... $18,139,000
Naval Special Weapons Center, Dahlgren......... $3,660,000
Dam Neck....................................... $14,170,000
Norfolk Naval Shipyard, Portsmouth............. $226,969,000
Marine Corps Base, Quantico.................... $105,240,000
Washington.................................... Bremerton..................................... $108,939,000
Naval Station, Everett......................... $3,810,000
Naval Magazine, Indian Island................. $13,130,000
Spokane........................................ $12,707,000
West Virginia................................. Naval Security Group, Sugar Grove.............. $10,990,000
----------------------------------------------------------------------------------------------------------------

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

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... Southwest Asia.................................. $41,526,000
Djibouti...................................... Camp Lemonier................................... $41,845,000
Guam.......................................... Naval Activities, Guam.......................... $575,006,000

[[Page 123 STAT. 2634]]

Spain......................................... Naval Station, Rota............................. $26,278,000
----------------------------------------------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

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

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

(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(5)(A), the Secretary
of the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$2,771,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

[[Page 123 STAT. 2635]]

(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $368,540,000.
(6) For the construction of increment 6 of a limited area
production and storage complex at Bangor, Washington, authorized
by section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2106), $87,292,000.
(7) For the construction of increment 2 of enclave fencing
at Naval Submarine Base, Bangor, Washington, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3490), as amended by section 2205 of this Act,
$67,419,000.
(8) For the construction of increment 2 of a replacement
maintenance pier at Bremerton, Washington, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
510), $69,064,000.
(9) For the construction of increment 3 of a submarine
drive-in magazine silencing facility at Naval Base Pearl Harbor,
Hawaii, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 510), $8,645,000.
(10) For the construction of the first increment of a ship
repair pier replacement at Norfolk Naval Shipyard, Virginia,
authorized by section 2201(a), $126,969,000.
(11) For the construction of the first increment of a
wharves improvement, Apra Harbor, Guam, authorized by section
2201(b), $127,033,000.
(12) For the construction of the first increment of north
ramp utilities, Andersen Air Force Base, Guam, authorized by
section 2201(b), $21,500,000.
(13) For the construction of the first increment of north
ramp parking, Andersen Air Force Base, Guam, authorized by
section 2201(b), $88,797,000.

[[Page 123 STAT. 2636]]

(6) $79,780,000 (the balance of the amount authorized under
section 2201(b) for north ramp utilities at Andersen Air Force
Base, Guam).
SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2006 PROJECT.

(a) Modification.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490) is amended in the item relating to
Naval Submarine Base, Bangor, Washington, by striking ``$60,160,000''
and inserting ``$127,163,000''.
(b) Conforming Amendment.--Section 2204(b) of that Act (119 Stat.
3492) is amended by adding at the end the following new paragraph:
``(11) $67,003,000 (the balance of the amount authorized
under section 2201(a) for construction of a waterfront security
enclave at Naval Submarine Base, Bangor, Washington).''.

(c) Extension.-- <<NOTE: Termination date.>> Notwithstanding section
2701 of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501), the authorization
relating to enclave fencing/parking at Naval Submarine Base, Bangor,
Washington (formerly referred to as a project at Naval Submarine Base,
Bangor, Washington), as provided in section 2201 of that Act, shall
remain in effect until October 1, 2012, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year 2013,
whichever is later.

TITLE XXIII--AIR FORCE

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

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

Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Clear Air Force Station..................... $24,300,000
Eielson Air Force Base...................... $13,350,000
Elmendorf Air Force Base.................... $15,700,000
Arizona........................................ Davis-Monthan Air Force Base................ $41,900,000
Arkansas....................................... Little Rock Air Force Base.................. $16,200,000
California..................................... Los Angeles Air Force Base.................. $8,000,000
Travis Air Force Base....................... $12,900,000
Vandenberg Air Force Base................... $13,000,000
Colorado....................................... Peterson Air Force Base..................... $32,300,000

[[Page 123 STAT. 2637]]

United States Air Force Academy............. $17,500,000
Delaware....................................... Dover Air Force Base........................ $24,900,000
Florida........................................ Eglin Air Force Base........................ $84,360,000
Hurlburt Field.............................. $19,900,000
MacDill Air Force Base...................... $59,300,000
Patrick Air Force Base...................... $8,400,000
Georgia........................................ Moody Air Force Base........................ $10,000,000
Warner Robins Air Force Base................ $6,200,000
Hawaii......................................... Hickam Air Force Base....................... $4,000,000
Wheeler Air Force Base...................... $15,000,000
Idaho.......................................... Mountain Home Air Force Base................ $20,000,000
Illinois....................................... Scott Air Force Base........................ $7,400,000
Louisiana...................................... Barksdale Air Force Base.................... $12,800,000
Maryland....................................... Andrews Air Force Base...................... $9,300,000
Mississippi.................................... Columbus Air Force Base..................... $9,800,000
Missouri....................................... Whiteman Air Force Base..................... $12,900,000
Montana........................................ Malstrom Air Force Base..................... $10,600,000
Nebraska....................................... Offutt Air Force Base....................... $10,400,000
Nevada......................................... Creech Air Force Base....................... $2,700,000
New Jersey..................................... McGuire Air Force Base...................... $7,900,000
New Mexico..................................... Cannon Air Force Base....................... $15,000,000
Holloman Air Force Base..................... $53,400,000
Kirtland Air Force Base..................... $22,500,000
North Carolina................................. Pope Air Force Base......................... $9,000,000
Seymour Johnson Air Force Base.............. $6,900,000
North Dakota................................... Grand Forks Air Force Base.................. $12,000,000
Minot Air Force Base........................ $11,500,000
Ohio........................................... Wright-Patterson Air Force Base............. $58,600,000
Oklahoma....................................... Altus Air Force Base........................ $20,300,000
Tinker Air Force Base....................... $18,237,000
Vance Air Force Base........................ $10,700,000
South Carolina................................. Shaw Air Force Base......................... $21,183,000
South Dakota................................... Ellsworth Air Force Base.................... $14,500,000
Texas.......................................... Dyess Air Force Base........................ $4,500,000
Goodfellow Air Force Base................... $44,400,000
Lackland Air Force Base..................... $113,879,000
Sheppard Air Force Base..................... $13,450,000
Utah........................................... Hill Air Force Base......................... $26,153,000
Virginia....................................... Langley Air Force Base...................... $10,000,000
Washington..................................... Fairchild Air Force Base.................... $15,150,000
Wyoming........................................ F. E. Warren Air Force Base................. $9,100,000
----------------------------------------------------------------------------------------------------------------

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

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

[[Page 123 STAT. 2638]]

SEC. 2302. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force may
carry out architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $4,314,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(5)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $61,737,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $1,984,963,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $1,003,962,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $288,402,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $103,562,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $66,101,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $502,936,000.
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2009 AIR FORCE PROJECT.

(a) Termination.--The table in section 2301(c) of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4682) is amended in the item relating to
Unspecified Worldwide Locations by striking ``$38,391,000'' in the
amount column and inserting ``$891,000''.
(b) Conforming Amendments.--Section 2304 of that Act (122 Stat.
4683) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,108,090,000'' and inserting ``$2,070,590,000''; and
(2) in paragraph (3), by striking ``$38,391,000'' and
inserting ``$891,000''.
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007
PROJECTS.

(a) Extension.-- <<NOTE: Termination date.>> Notwithstanding section
2701 of the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2463), authorizations set
forth in the table in subsection (b), as provided in sections 2301 and

[[Page 123 STAT. 2639]]

2302 of that Act, shall remain in effect until October 1, 2010, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2011, whichever is later.

(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... C-17 Aircrew Life Support... $7,400,000
Idaho................................. Mountain Home Air Force Replace Family Housing (457 $107,800,000
Base.................... units).....................
----------------------------------------------------------------------------------------------------------------

SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.

(a) Extension.-- <<NOTE: Termination date.>> Notwithstanding section
2701 of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501), authorizations set
forth in the table in subsection (b), as provided in section 2302 of
that Act (119 Stat. 3495) and extended by section 2305 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4684), shall remain in effect until
October 1, 2010, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2011, whichever is
later.

(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................. Eielson Air Force Base..... Replace Family Housing $37,650,000
(92 units)..............
Eielson Air Force Base Purchase Build/Lease $18,144,000
Housing (300 units).....
North Dakota........................... Grand Forks Air Force Base. Replace Family Housing $43,353,000
(150 units).............
----------------------------------------------------------------------------------------------------------------

SEC. 2308. CONVEYANCE TO INDIAN TRIBES OF CERTAIN HOUSING UNITS.

(a) Definitions.--In this section:
(1) Executive director.--The term ``Executive Director''
means the Executive Director of Walking Shield, Inc.
(2) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe included on the list published by the Secretary of
the Interior under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C.479a-1).

(b) Requests for Conveyance.--
(1) In general.--The Executive Director may submit to the
Secretary of the Air Force, on behalf of any Indian tribe

[[Page 123 STAT. 2640]]

located in the State of Idaho, Nevada, North Dakota, Oregon,
South Dakota, Montana, or Minnesota, a request for conveyance of
any relocatable military housing unit located at Grand Forks Air
Force Base, Minot Air Force Base, Malmstrom Air Force Base,
Ellsworth Air Force Base, or Mountain Home Air Force Base.
(2) Conflicts.--The Executive Director shall resolve any
conflict among requests of Indian tribes for housing units
described in paragraph (1) before submitting a request to the
Secretary of the Air Force under this subsection.

(c) Conveyance by Secretary.--Notwithstanding any other provision of
law, on receipt of a request under subsection (b)(1), the Secretary of
the Air Force may convey to the Indian tribe that is the subject of the
request, at no cost to the Air Force and without consideration, any
relocatable military housing unit described in subsection (b)(1) that,
as determined by the Secretary, is in excess of the needs of the
military.

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.

Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia....................................... Fort Benning.................................... $2,330,000
Fort Stewart/Hunter Army Air Field.............. $22,501,000
North Carolina................................ Fort Bragg...................................... $3,439,000
----------------------------------------------------------------------------------------------------------------

[[Page 123 STAT. 2641]]

Defense Information Systems Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii........................................ Naval Station Pearl Harbor, Ford Island......... $9,633,000
----------------------------------------------------------------------------------------------------------------

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... El Centro....................................... $11,000,000
Travis Air Force Base........................... $15,357,000
Florida....................................... Jacksonville International Airport (Air National $11,500,000
Guard).
Minnesota..................................... Duluth International Airport (Air National $15,000,000
Guard).
Oklahoma...................................... Altus Air Force Base............................ $2,700,000
Texas......................................... Fort Hood....................................... $3,000,000
Washington.................................... Fairchild Air Force Base........................ $7,500,000
----------------------------------------------------------------------------------------------------------------

Missile Defense Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Redstone Arsenal................................ $12,000,000
Virginia...................................... Naval Support Facility, Dahlgren............... $24,500,000
----------------------------------------------------------------------------------------------------------------

National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland....................................... Fort Meade..................................... $203,800,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Naval Amphibious Base, Coronado................ $15,722,000
Colorado....................................... Fort Carson.................................... $48,246,000
Florida........................................ Eglin Air Force Base........................... $3,046,000
Hurlburt Field................................. $8,156,000
Georgia........................................ Fort Benning................................... $3,046,000
Kentucky....................................... Fort Campbell.................................. $39,135,000
New Mexico..................................... Cannon Air Force Base.......................... $58,864,000
North Carolina................................. Fort Bragg..................................... $101,488,000
Marine Corps Base, Camp Lejeune................ $11,791,000
Virginia....................................... Naval Amphibious Base, Little Creek............ $18,669,000
Washington..................................... Fort Lewis..................................... $14,500,000
----------------------------------------------------------------------------------------------------------------

[[Page 123 STAT. 2642]]

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Elmendorf Air Force Base....................... $25,017,000
Fort Richardson................................ $3,518,000
Colorado....................................... Fort Carson.................................... $31,900,000
Georgia........................................ Fort Benning................................... $17,200,000
Fort Stewart/Hunter Army Field................. $22,200,000
Kentucky....................................... Fort Campbell.................................. $8,600,000
Maryland....................................... Fort Detrick................................... $29,807,000
Missouri....................................... Fort Leonard Wood.............................. $5,570,000
North Carolina................................. Fort Bragg..................................... $57,658,000
Oklahoma....................................... Fort Sill...................................... $10,554,000
Texas.......................................... Lackland Air Force Base........................ $101,928,000
Fort Bliss..................................... $990,600,000
Washington..................................... Fort Lewis..................................... $15,636,000
----------------------------------------------------------------------------------------------------------------

Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia....................................... Pentagon Reservation........................... $27,672,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Brussels........................................ $38,124,000
Germany....................................... Boeblingen...................................... $50,000,000
Kaiserslautern.................................. $93,545,000
Wiesbaden Air Base.............................. $5,379,000
United Kingdom................................ Royal Air Force Lakenheath...................... $4,509,000
----------------------------------------------------------------------------------------------------------------

Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Korea......................................... K-16 Airfield................................... $5,050,000
----------------------------------------------------------------------------------------------------------------

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba........................................... Naval Air Station, Guantanamo Bay.............. $12,500,000
Greece......................................... Souda Bay...................................... $24,000,000
Guam........................................... Naval Air Station, Agana....................... $4,900,000

[[Page 123 STAT. 2643]]

Korea.......................................... Osan Air Base.................................. $28,000,000
United Kingdom................................. Royal Air Force Mildenhall..................... $4,700,000
----------------------------------------------------------------------------------------------------------------

National Security Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom................................. Royal Air Force Menwith Hill Station........... $37,588,000
----------------------------------------------------------------------------------------------------------------

North Atlantic Treaty Organization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium........................................ NATO Headquarters.............................. $41,400,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Naval Activities, Guam......................... $446,450,000
United Kingdom................................. Royal Air Force Alconbury...................... $14,227,000
----------------------------------------------------------------------------------------------------------------

SEC. 2402. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(7), the Secretary of Defense may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installation, in the number of units,
and in the amount set forth in the following table:

Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
State Location Units Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... Cumberland Depot.............. 6....................... $2,859,000
----------------------------------------------------------------------------------------------------------------

SEC. 2403. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(6), the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, in the amount of $123,013,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments) in the
total amount of $3,177,496,000, as follows:

[[Page 123 STAT. 2644]]

(1) For military construction projects inside the United
States authorized by section 2401(a), $1,048,783,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $188,762,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code, $33,025,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $121,442,000.
(6) For energy conservation projects under chapter 173 of
title 10, United States Code, $123,013,000.
(7) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,214,000.
(B) For construction and acquisition of military
family housing and facilities, $2,859,000.
(C) For credits to the Department of Defense Family
Housing Improvement Fund under section 2883 of title 10,
United States Code, and the Homeowners Assistance Fund
established under section 1013 of the Demonstration
Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374), $302,600,000.
(8) For the construction of increment 4 of the Army Medical
Research Institute of Infectious Diseases Stage 1 at Fort
Detrick, Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2007 (division B
of Public Law 109-364; 120 Stat. 2457), $108,000,000.
(9) For the construction of increment 2 of replacement fuel
storage facilities at Point Loma Annex, California, authorized
by section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), as amended by section 2406 of this Act, $92,300,000.
(10) For the construction of increment 3 of a special
operations facility at Dam Neck, Virginia, authorized by section
2401(a) of the Military Construction Authorization Act of Fiscal
Year 2008 (division B of Public Law 110-181; 122 Stat. 521),
$15,967,000.
(11) For the construction of increment 2 of the United
States Army Medical Research Institute of Chemical Defense
replacement facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2009 (division B of Public Law
110-417 122 Stat. 4689), $111,400,000.
(12) For the construction of fuel storage tanks and pipeline
replacement at Souda Bay, Greece, authorized by section 2401(b)
of the Military Construction Authorization Act of Fiscal Year
2009 (division B of Public Law 110-417; 122 Stat. 4691), as
amended by section 2405 of this Act, $24,000,000.
(13) For the construction of increment 2 of a National
Security Agency data center at Camp Williams, Utah, authorized
as a Military Construction, Defense-Wide project by the

[[Page 123 STAT. 2645]]

Supplemental Appropriations Act, 2009 (Public Law 111-32; 123
Stat. 1888), $600,000,000.
(14) For the construction of the first increment of a
hospital at Fort Bliss, Texas, authorized by section 2401(a),
$86,975,000.
(15) For the construction of the first increment of a
hospital at Naval Activities, Guam, authorized by section
2401(b), $259,156,000.

(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $187,294,000 (the balance of the amount authorized by
section 2401(b) for the hospital replacement, Guam).
(3) $820,000,000 (the balance of the amount authorized in
the Supplemental Appropriations Act, 2009 (Public Law 111-32)
for the Utah Data Center, Camp Williams, Utah).
(4) $879,025,000 (the balance of the amount authorized by
section 2401(a) for the hospital replacement phase I, Fort
Bliss, Texas).
(5) $290,000,000 (the balance of the amount authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4689) for the USAMRIID replacement facility at Aberdeen
Proving Ground, Maryland).
(6) $47,000,000 (the balance of the amount authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), as modified by section 2406(a) of this Act, for the
replacement of fuel storage facilities at Point Loma Annex,
California).

(c) Availability of Funds for Energy Conservation Projects of
Reserve Components.--Of the amount authorized to be appropriated by
subsection (a)(6) for energy conservation projects under chapter 173 of
title 10, United States Code, the Secretary of Defense shall reserve a
portion of the amount for energy conservation projects for the reserve
components in an amount that is not less than an amount that bears the
same proportion to the total amount authorized to be appropriated as the
total quantity of energy consumed by reserve facilities (as defined in
section 18232(2) of such title) during fiscal year 2009 bears to the
total quantity of energy consumed by all military installations (as
defined in section 2687(e)(1) of such title) during that fiscal year, as
determined by the Secretary.
SEC. 2405. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2009 PROJECTS.

(a) Termination.--Section 2401(b) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; <<NOTE: 122 Stat. 4691.>> 122 Stat. 4690) is amended by striking
the table relating to the Missile Defense Command.

(b) Modification.--The table relating to the Defense Logistics
Agency in such section is amended in the item relating to Souda Bay,
Greece, by striking ``$8,000,000'' in the amount column and inserting
``$32,000,000''.

[[Page 123 STAT. 2646]]

(c) Conforming Amendments.--Section 2403 of that Act (122 Stat.
4692) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``$1,639,050,000'' and inserting
``$1,487,890,000'';
(B) in paragraph (2), by striking ``$246,360,000''
and inserting ``$87,200,000''; and
(C) by adding at the end the following new
paragraph:
``(11) For construction of the first increment of fuel
storage tanks and pipeline replacement at Souda Bay, Greece,
$8,000,000.''; and
(2) in subsection (b), by striking paragraphs (3) and (4)
and inserting the following new paragraph:
``(3) $24,000,000 (the balance of the amount authorized for
the Defense Logistics Agency under section 2401(b) for fuel
storage tanks and pipeline replacement at Souda Bay, Greece).''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2008 PROJECT.

(a) Modification.--The table relating to the Defense Logistics
Agency in section 2401 (a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
521) is amended in the item relating to Point Loma Annex, California, by
striking ``$140,000,000'' in the amount column and inserting
``$195,000,000''.
(b) Conforming Amendment.--Section 2403(b)(2) of that Act (122 Stat.
524) is amended by striking ``$84,300,000'' and inserting
``$139,300,000''.
SEC. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007
PROJECT.

(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2701 of the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2463), authorizations set
forth in the table in subsection (b), as provided in section 2402 of
that Act, shall remain in effect until October 1, 2010, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2011, whichever is later.

(b) Table.--The table referred to in subsection (a) is as follows:

Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
State Location Units Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Defense Supply Center, Whole House Renovation.. $484,000
Richmond.
----------------------------------------------------------------------------------------------------------------

[[Page 123 STAT. 2647]]

Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-
WIDE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for military construction and land
acquisition for chemical demilitarization in the total amount of
$151,541,000 as follows:
(1) For the construction of phase 11 of a chemical munitions
demilitarization facility at Pueblo Chemical Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839), section 2407
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2698), and
section 2413 of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4697), $92,500,000.
(2) For the construction of phase 10 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298), section 2405
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2698), and
section 2414 of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4697), $59,041,000.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for contributions by the Secretary
of Defense under section 2806 of title 10, United States

[[Page 123 STAT. 2648]]

Code, for the share of the United States of the cost of projects for the
North Atlantic Treaty Organization Security Investment Program
authorized by section 2501, in the amount of $197,414,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2007
projects.
Sec. 2608. Extension of authorizations of certain fiscal year 2006
project.

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:

Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Fort McClellan................................... $3,000,000
Arizona........................................ Camp Navajo...................................... $3,000,000
California..................................... Los Alamitos Joint Forces Training Base.......... $31,000,000
Georgia........................................ Fort Benning..................................... $15,500,000
Hunter Army Air Field............................ $8,967,000
Idaho.......................................... Gowen Field...................................... $16,100,000
Illinois....................................... Milan............................................ $5,600,000
Indiana........................................ Muscatatuck Urban Training Center................ $10,100,000
Iowa........................................... Camp Dodge....................................... $4,000,000
Kansas......................................... Salina Army National Guard Aviation Facility..... $2,227,000
Massachusetts.................................. Hanscom Air Force Base........................... $29,000,000
Michigan....................................... Fort Custer...................................... $7,732,000
Minnesota...................................... Arden Hills Army Training Site................... $6,700,000
Camp Ripley...................................... $1,710,000
Mississippi.................................... Camp Shelby...................................... $16,100,000
Monticello....................................... $14,350,000
Missouri....................................... Boonville........................................ $1,800,000
Nebraska....................................... Lincoln Municipal Airport........................ $23,000,000
Nevada......................................... Carson City...................................... $2,000,000
North Las Vegas.................................. $26,000,000
New Mexico..................................... Santa Fe......................................... $39,000,000
North Carolina................................. East Flat Rock................................... $2,516,000
Fort Bragg....................................... $6,038,000
Oregon......................................... Clatsop County................................... $3,369,000
Polk County...................................... $12,100,000
South Carolina................................. Eastover......................................... $26,000,000
Greenville....................................... $40,000,000
South Dakota................................... Camp Rapid....................................... $9,840,000
Texas.......................................... Austin........................................... $22,200,000
Vermont........................................ Ethan Allen Firing Range......................... $1,996,000
Virginia....................................... Fort Pickett..................................... $32,000,000
West Virginia.................................. St. Albans Armory................................ $2,000,000
----------------------------------------------------------------------------------------------------------------

[[Page 123 STAT. 2649]]

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following table:

Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Barrigada........................................ $30,000,000
Virgin Islands................................. St. Croix........................................ $20,000,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:

Army National Guard
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................... Unspecified Worldwide Locations.................. $30,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:

Army Reserve: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Camp Pendleton................................. $19,500,000
Los Angeles.................................... $29,000,000
Colorado Colorado Springs............................... $13,000,000
Connecticut.................................... Bridgeport..................................... $18,500,000
Florida........................................ Panama City.................................... $7,300,000
West Palm Beach................................ $26,000,000
Georgia........................................ Atlanta........................................ $14,000,000
Illinois....................................... Chicago........................................ $23,000,000
Minnesota...................................... Fort Snelling.................................. $12,000,000
New York....................................... Rochester...................................... $13,600,000
Ohio........................................... Cincinnati..................................... $13,000,000
Pennsylvania................................... Ashley......................................... $9,800,000
Harrisburg..................................... $7,600,000
Newton Square.................................. $20,000,000
Uniontown...................................... $11,800,000
Texas.......................................... Austin......................................... $20,000,000
Bryan.......................................... $12,200,000
Fort Bliss..................................... $9,500,000
Houston........................................ $24,000,000
Robstown....................................... $10,200,000
San Antonio.................................... $20,000,000

[[Page 123 STAT. 2650]]

Wisconsin...................................... Fort McCoy..................................... $28,550,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve location outside the United
States, and in the amount, set forth in the following table:

Army Reserve: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico.................................... Caguas......................................... $12,400,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:

Army Reserve
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................... Unspecified Worldwide Locations.................. $30,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations, and in the amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Luke Air Force Base.............................. $10,986,000
California..................................... Alameda.......................................... $5,960,000
Illinois....................................... Joliet Army Ammunition Plant..................... $7,957,000
South Carolina................................. Goose Creek...................................... $4,240,000
Texas.......................................... San Antonio...................................... $2,210,000
Fort Worth Naval Air Station Joint Reserve Base.. $6,170,000
Virginia....................................... Oceana Naval Air Station......................... $30,400,000
----------------------------------------------------------------------------------------------------------------

(b) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:

[[Page 123 STAT. 2651]]

Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................... Unspecified Worldwide Locations.................. $55,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(4), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations, and
in the amounts, set forth in the following table:

Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Davis-Monthan Air Force Base..................... $5,600,000
California..................................... Fresno Yosemite International Airport............ $9,800,000
South California Logistics Airport............... $8,400,000
Colorado....................................... Buckley Air National Guard Base.................. $4,500,000
Connecticut.................................... Bradley International Airport.................... $9,000,000
Hawaii......................................... Hickam Air Force Base............................ $33,000,000
Illinois....................................... Lincoln Capital Airport.......................... $3,000,000
Iowa........................................... Des Moines....................................... $4,600,000
Kansas......................................... McConnell Air Force Base......................... $8,700,000
Maine.......................................... Bangor International Airport..................... $28,000,000
Maryland....................................... Andrews Air Force Base........................... $14,000,000
Massachusetts.................................. Barnes Air National Guard Base................... $8,100,000
Otis Air National Guard Base..................... $12,800,000
Michigan....................................... Alpena Combat Readiness Training Center.......... $8,900,000
Battle Creek Air National Guard Base............. $14,000,000
Selfridge Air National Guard Base................ $7,100,000
Minnesota...................................... Minnesota/St. Paul International Airport 133rd $1,900,000
Airlift Wing Base.
Mississippi.................................... Gulfport-Biloxi Regional Airport................. $6,500,000
Missouri....................................... Rosecrans Memorial Airport....................... $9,300,000
Nebraska....................................... Lincoln Municipal Airport........................ $1,500,000
Nevada......................................... Reno............................................. $10,800,000
New Hampshire.................................. Pease Air National Guard Base.................... $10,000,000
New Jersey..................................... McGuire Air Force Base........................... $9,700,000
New York....................................... Wheeler Sack Army Airfield....................... $2,700,000
Ohio........................................... Mansfield Lahm Airport........................... $11,400,000
Oklahoma....................................... Will Rogers World Airport........................ $7,300,000
South Carolina................................. McEntire Joint Air National Guard Base........... $1,300,000
South Dakota................................... Joe Foss Field................................... $2,600,000
Tennessee...................................... Memphis, 164th Airlift Wing...................... $9,800,000
Texas.......................................... Kelly Field Annex................................ $7,900,000
Vermont........................................ Burlington International Airport................. $6,000,000
West Virginia.................................. Martinsburg...................................... $19,500,000
Wisconsin...................................... General Mitchell International Airport........... $5,000,000
Wyoming........................................ Cheyenne Airport................................. $1,500,000
----------------------------------------------------------------------------------------------------------------

(b) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(4), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for unspecified installations or
locations in the amounts set forth in the following table:

[[Page 123 STAT. 2652]]

Air National Guard
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................... Unspecified Worldwide Locations.................. $30,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(5), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations, and
in the amounts, set forth in the following table:

Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... March Air Reserve Base........................... $9,800,000
Colorado....................................... Schriever Air Force Base......................... $10,200,000
Mississippi.................................... Keesler Air Force Base........................... $9,800,000
New York....................................... Niagara Falls Air Reserve Station................ $5,700,000
Pennsylvania................................... Pittsburgh Air Force Base........................ $12,400,000
Texas.......................................... Lackland Air Force Base.......................... $1,500,000
Utah........................................... Hill Air Force Base.............................. $3,200,000
----------------------------------------------------------------------------------------------------------------

(b) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2606(a)(5), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for unspecified installations or
locations in the amounts set forth in the following table:

Air Force Reserve
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................... Unspecified Worldwide Locations.................. $55,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND
RESERVE.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, for the costs of
acquisition, architectural and engineering services, and construction of
facilities for the Guard and Reserve Forces, and for contributions
therefor, under chapter 1803 of title 10, United States Code (including
the cost of acquisition of land for those facilities), in the following
amounts:
(1) For the Department of the Army, for the Army National
Guard of the United States, $582,056,000.
(2) For the Department of the Army, for the Army Reserve,
$431,566,000.
(3) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $125,874,000.
(4) For the Department of the Air Force, for the Air
National Guard of the United States, $364,226,000.
(5) For the Department of the Air Force, for the Air Force
Reserve, $112,269,000.

[[Page 123 STAT. 2653]]

(b) Limitation on Implementation of Projects at Certain Unspecified
Worldwide Locations.-- <<NOTE: Reports.>> The Secretary of the military
department concerned may not enter into an award of a project at an
unspecified worldwide location authorized under section 2601(c),
2602(c), 2603(b), 2604(b), or 2605(b) until the Secretary submits to the
congressional defense committees a report that includes the following:
(1) Within the amounts authorized to be appropriated under
the applicable paragraph of subsection (a), a list of the
proposed projects.
(2) A Military Construction Data Sheet for each project.
(3) A certification that the projects can be awarded in the
year for which the appropriation of funds is made.
(4) A certification that the projects are listed in the
current Future Years Defense Program for the reserve component
involved.
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007
PROJECTS.

(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2701 of the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2463), the authorizations
set forth in the table in subsection (b), as provided in section 2601 of
that Act, shall remain in effect until October 1, 2010, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2011, whichever is later.

(b) Table.--The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Fresno.................... AVCRAD Add/Alt, PH I...... $30,000,000
New Jersey.............................. Lakehurst................. Consolidated Logistics $20,024,000
Training Facility, PH II.
----------------------------------------------------------------------------------------------------------------

SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECT.

(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2701 of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501), the authorization
set forth in the table in subsection (b), as provided in section 2601 of
that Act (119 Stat. 3501) and extended by section 2608 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4710), shall remain in effect until
October 1, 2010, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2011, whichever is
later.

(b) Table.--The table referred to in subsection (a) is as follows:

[[Page 123 STAT. 2654]]

Army National Guard: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Montana................................. Townsend.................. Automated Qualification $2,532,000
Training Range.
----------------------------------------------------------------------------------------------------------------

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

Subtitle B--Other Matters

Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 1990.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $496,768,000, as follows:
(1) For the Department of the Army, $138,723,000.
(2) For the Department of the Navy, $228,000,000.
(3) For the Department of the Air Force, $127,364,000.
(4) For the Defense Agencies, $2,681,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 2005.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry

[[Page 123 STAT. 2655]]

out base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $5,934,740,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $7,455,498,000, as follows:
(1) For the Department of the Army, $4,057,037,000.
(2) For the Department of the Navy, $591,572,000.
(3) For the Department of the Air Force, $418,260,000.
(4) For the Defense Agencies, $2,388,629,000.

Subtitle B--Other Matters

SEC. 2711. RELOCATION OF CERTAIN ARMY RESERVE UNITS IN
CONNECTICUT.

The Secretary of the Army may use funds appropriated pursuant to the
authorization of appropriations in section 2703 for the purpose of
constructing an Army Reserve Center and Maintenance Facility in the
vicinity of Newtown, Connecticut, at a location determined by the
Secretary to be in the best interest of national security and in the
public interest.
SEC. 2712. AUTHORITY TO CONSTRUCT ARMED FORCES RESERVE CENTER IN
VICINITY OF PEASE AIR NATIONAL GUARD
BASE, NEW HAMPSHIRE.

The Secretary of the Army may use funds appropriated pursuant to the
authorization of appropriations in section 2703 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4715) for the purpose of constructing an
Armed Forces Reserve Center at Pease Air National Guard Base, New
Hampshire, to construct instead an Armed Forces Reserve Center in the
vicinity of Pease Air National Guard Base at a location determined by
the Secretary to be in the best interest of national security and in the
public interest.
SEC. 2713. SENSE OF CONGRESS ON ENSURING JOINT BASING
RECOMMENDATIONS DO NOT ADVERSELY AFFECT
OPERATIONAL READINESS.

It is the sense of Congress that, in implementing the joint basing
recommendations of the Defense Base Closure and Realignment Commission
contained in the report of the Commission transmitted to Congress on
September 15, 2005, under section 2903(e) of the Defense Base Closure
and Realignment Act of 1990 (part

[[Page 123 STAT. 2656]]

A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the
Secretary of Defense should ensure that the joint basing of military
installations at any of the recommended locations does not adversely
impact--
(1) the ability of commanders, and the units of the Armed
Forces under their command, to perform their operational
missions;
(2) the command and control of commanders at each military
installation that has an operational mission requirement; and
(3) the readiness of the units of the Armed Forces under
their command.
SEC. 2714. <<NOTE: District of
Columbia. Maryland. Virginia. Deadlines.
>> REQUIREMENTS RELATED TO PROVIDING
WORLD CLASS MILITARY MEDICAL FACILITIES
IN THE NATIONAL CAPITAL REGION.

(a) Master Plan Required.--Not later than March 31, 2010, the
Secretary of Defense shall develop and implement a comprehensive master
plan to provide sufficient world class military medical facilities and
an integrated system of health care delivery for the National Capital
Region that--
(1) addresses--
(A) the unique needs of members of the Armed Forces
and retired members of the Armed Forces and their
families;
(B) the care, management, and transition of
seriously ill and injured members of the Armed Forces
and their families;
(C) the missions of the branch or branches of the
Armed Forces served; and
(D) performance expectations for the future
integrated health care delivery system, including--
(i) information management and information
technology support; and
(ii) expansion of support services;
(2) delineates the process for the development of budgets,
prioritization of requirements, and the allocation of funds;
(3) delineates budget and operational authority to provide
and operate world class military medical facilities in the
National Capital Region;
(4) incorporates all ancillary and support facilities at the
National Naval Medical Center, Bethesda, Maryland, including
education and research facilities as well as centers of
excellence, transportation, and parking structures required to
provide a full range of adequate care and services for members
of the Armed Forces and their families;
(5) incorporates a facilities needs assessment, including an
assessment of standards for patient rooms, and provides a
program to meet the facility requirements;
(6) specifies the personnel authorizations and personnel
systems required to provide and operate a world class military
medical facility;
(7) can be used as a basis to develop similar master plans
for other military medical facilities of the Department of
Defense; and
(8) includes a community development plan that incorporates
multiple options to alleviate traffic congestion related

[[Page 123 STAT. 2657]]

to the expansion of the National Naval Medical Center and Fort
Belvoir Community Hospital, including a review of options--
(A) to expand adjacent highways;
(B) improvements to nearby intersections;
(C) on-facility site queuing; and
(D) multimodal expansion that could include expanded
support for buses and subways.

(b) <<NOTE: Reports.>> Submission of Master Plan and Related
Materials.--Not later than March 31, 2010, the Secretary of Defense
shall submit to the congressional defense committees a report
containing--
(1) the master plan developed under subsection (a);
(2) the certification of the Secretary that the requirements
specified in paragraphs (1), (2), and (3) of section 1650(a) of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 475) remain satisfied and
accurate;
(3) the certification of the Secretary that the master plan
ensures that each facility covered by the plan meets or exceeds
applicable Joint Commission hospital design standards; and
(4) an assessment of the risks and benefits to patient care
associated with completing the realignment of Walter Reed
National Military Medical Center by the statutory deadline
imposed for implementation of the recommendations contained in
the report of the Defense Base Closure and Realignment
Commission transmitted to Congress on September 15, 2005.

(c) <<NOTE: Reports.>> Submission of Milestone Schedule and Cost
Estimates.--Not later than June 30, 2010, the Secretary of Defense shall
submit to the congressional defense committees a report describing--
(1) the schedule for completion of requirements identified
in the master plan developed under subsection (a); and
(2) updated cost estimates to provide world class military
medical facilities for the National Capital Region.

(d) Sense of Congress Regarding Traffic Mitigation in Vicinity of
National Naval Medical Center.--Given the anticipated significant
increases in local traffic in the vicinity of the National Naval Medical
Center, and the unusual impact that such traffic increases will have on
the surrounding community due to the planned expansion of the
installation, it is the sense of Congress that--
(1) multiple methods are available to the Department of
Defense to implement the defense access roads program (section
210 of title 23, United States Code) to help alleviate traffic
congestion, including expansion of adjacent highways,
improvements to nearby intersections, on-base queuing options,
and multi-modal expansion, including expanded support of buses
and subways and other measures; and
(2) all of the efforts to alleviate the significant traffic
impact need to be pursued to ensure readily available access to
health care at the installation.

(e) Definitions.--In this section:
(1) National capital region.--The term ``National Capital
Region'' has the meaning given the term in section 2674(f) of
title 10, United States Code.

[[Page 123 STAT. 2658]]

(2) World class military medical facility.--The term ``world
class military medical facility'' has the meaning given the term
by the National Capital Region Base Realignment and Closure
Health Systems Advisory Subcommittee of the Defense Health Board
in appendix B of the report entitled ``Achieving World Class -
An Independent Review of the Design Plans for the Walter Reed
National Military Medical Center and the Fort Belvoir Community
Hospital'', published in May, 2009.
SEC. 2715. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO IMPLEMENT
BASE CLOSURE AND REALIGNMENT PROPERTY
RECOMMENDATIONS.

(a) Economic Redevelopment Conveyance Authority.--Section 2905(b)(4)
of the Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) in subparagraph (B), by striking the matter preceding
clause (i) of such subparagraph and inserting the following:

``(B) The transfer of property located at a military installation
under subparagraph (A) may be for consideration at or below the
estimated fair market value or without consideration. The determination
of such consideration may account for the economic conditions of the
local affected community and the estimated costs to redevelop the
property. The Secretary may accept, as consideration, a share of the
revenues that the redevelopment authority receives from third-party
buyers or lessees from sales and long-term leases of the conveyed
property, consideration in kind (including goods and services), real
property and improvements, or such other consideration as the Secretary
considers appropriate. The transfer of property located at a military
installation under subparagraph (A) may be made for consideration below
the estimated fair market value or without consideration only if the
redevelopment authority with respect to the installation--''; and
(2) in subparagraph (C), by striking ``subparagraph (B)''
and inserting ``subparagraph (B)(i)''.

(b) Report Concerning Property Conveyances.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report regarding the status of current and
anticipated economic development conveyances involving surplus real and
personal property at closed or realigned military installations,
projected job creation as a result of the conveyances, community
reinvestment, and the progress made as a result of the implementation of
the amendments made by subsection (a).

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

[[Page 123 STAT. 2659]]

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

Subtitle C--Provisions Related to Guam Realignment

Subtitle D--Energy Security

Subtitle E--Land Conveyances

Subtitle F--Other Matters

Sec. 2871. Revised authority to establish national monument to honor
United States Armed Forces working dog teams.

[[Page 123 STAT. 2660]]

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.

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CONSTRUCTION
AUTHORITIES.

(a) Repeal of Limitations on Exercise-related Projects Overseas.--
(1) Authority to carry out projects.--Subsection (a) of
section 2805 of title 10, United States Code, is amended--
(A) by striking ``Except as provided in paragraph
(2), within'' and inserting ``Within'';
(B) by striking paragraph (2); and
(C) by striking ``An unspecified'' and inserting the
following:

``(2) An unspecified''.
(2) Use of operation and maintenance funds.--Subsection (c)
of such section is amended--
(A) by striking ``Except as provided in paragraphs
(2) and (3)'' and inserting ``Except as provided in
paragraph (2)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(3) Conforming amendment.--Section 2806(c)(1) of such title
is amended by striking ``section 2805(a)(2)'' and inserting
``section 2805(a)''.

(b) Laboratory Revitalization Authorized.--Section 2805(d) of such
title is amended--
(1) in paragraph (1)(B), by inserting ``or from funds
authorized to be made available under section 219(a) of the
Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 10 U.S.C. 2358 note)'' after
``authorized by law'';
(2) by striking paragraph (3); and
(3) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively.

(c) Mechanisms to Provide Funds for Laboratory Revitalization.--
(1) Additional purpose.--Subsection (a)(1) of section 219 of
the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 10 U.S.C. 2358 note) is amended
by adding at the end the following new subparagraph:
``(D) To fund the revitalization and
recapitalization of the laboratory pursuant to section
2805(d) of title 10, United States Code.''.
(2) Modification of reporting requirements.--Subsection (b)
of such section is amended--
(A) by striking paragraph (2); and
(B) by striking ``Authority'' and all that follows
through ``Not'' and inserting ``Authority.--Not''.

[[Page 123 STAT. 2661]]

SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY REPAIR PROJECTS
CARRIED OUT USING OPERATION AND
MAINTENANCE FUNDS.

Section 2811(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end; and
(2) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) if the current estimate of the cost of the repair
project exceeds 75 percent of the estimated cost of a military
construction project to replace the facility, an explanation of
the reasons why replacement of the facility is not in the best
interest of the Government; and
``(3) a description of the elements of military
construction, including the elements specified in section
2802(b) of this title, incorporated into the repair project.''.
SEC. 2803. MODIFICATION OF AUTHORITY FOR SCOPE OF WORK VARIATIONS.

Section 2853 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``Except as provided in subsection
(c)'' and inserting ``(1) Except as provided in
subsection (c)'';
(B) by striking ``may be reduced by not more than 25
percent from the amount approved for that project,
construction, improvement, or acquisition by Congress.''
and inserting ``may be reduced by not more than 25
percent from the amount specified for that project,
construction, improvement, or acquisition in the
justification data provided to Congress as part of the
request for authorization of the project, construction,
improvement, or acquisition.''; and
(C) by adding at the end the following new
paragraph:

``(2) The scope of work for a military construction project or for
the construction, improvement, and acquisition of a military family
housing project may not be increased above the amount specified for that
project, construction, improvement, or acquisition in the justification
data provided to Congress as part of the request for authorization of
the project, construction, improvement, or acquisition.''; and
(2) in subsection (c), by striking ``limitation on scope
reduction in subsection (b)'' and inserting ``limitation on
scope reduction in subsection (b)(1)''.
SEC. 2804. MODIFICATION OF CONVEYANCE AUTHORITY AT MILITARY
INSTALLATIONS.

(a) Limited Purposes for Which Real Property May Be Conveyed.--
Section 2869 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``agrees, in exchange for the
real property--'' and all that follows through
``to carry out a military construction project or
land acquisition'' and inserting ``agrees, in
exchange for the real property, to carry out a
land acquisition'';
(ii) by striking ``; or'' and inserting a
period; and
(iii) by striking subparagraph (B); and

[[Page 123 STAT. 2662]]

(B) by striking paragraph (3);
(2) in subsection (b), by striking ``fair market value of
the military construction, military family housing, or military
unaccompanied housing'' both places it appears and inserting
``fair market value of the land'';
(3) by striking subsection (c) and inserting the following
new subsection:

``(c) Limitation on Use of Conveyance Authority at Installations
Closed Under Base Closure Laws.--The authority under subsection
(a)(2)(A) to convey property located on a military installation may only
be used to the extent the conveyance is consistent with an approved
redevelopment plan for such installation.''; and
(4) in subsection (d)(2)(A), by striking ``military
construction project, land acquisition, military family housing,
or military unaccompanied housing'' both places it appears and
inserting ``land acquisition''.

(b) Requirement to Deposit Funds in Foreign Currency Fluctuations,
Construction, Defense Account.--Subsection (e) of such section is
amended by striking ``(1) Except as provided in paragraph (2), the
Secretary concerned may deposit funds'' and all that follows through
``funds deposited under paragraph (2) shall be available'' in paragraph
(3) and inserting ``The Secretary concerned shall deposit funds received
under subsection (b) in the appropriation `Foreign Currency
Fluctuations, Construction, Defense'. The funds deposited shall be
available''.
(c) Elimination of Annual Report Requirement; Sunset.--Subsection
(f) of such section is amended to read as follows:
``(f) Sunset.--The authority to enter into an agreement under this
section shall expire on September 30, 2013.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2869. Conveyance of property at military installations to
limit encroachment''.
(2) Table of sections.--The item relating to such section in
the table of sections at the beginning of chapter 169 of such
title is amended to read as follows:

``2869. Conveyance of property at military installations to limit
encroachment.''.

SEC. 2805. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF RESERVE
COMPONENT FACILITIES BE AUTHORIZED BY
LAW.

Section 18233(a)(1) of title 10, United States Code, is amended by
striking ``as he determines to be necessary'' and inserting ``as are
authorized by law''.
SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS INSIDE THE UNITED
STATES CENTRAL COMMAND AREA OF
RESPONSIBILITY.

(a) One-year Extension of Authority.--Section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723), as most recently amended by section
2806 of the Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 112 Stat. 4724), is amended--

[[Page 123 STAT. 2663]]

(1) in subsection (a), by striking ``During fiscal year
2004'' and all that follows through ``obligate'' and inserting
``The Secretary of Defense may obligate''; and
(2) by adding at the end the following new subsection:

``(h) Expiration of Authority.--The authority to obligate funds
under this section expires on the later of--
``(1) September 30, 2010; or
``(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2011.''.

(b) Geographic Area of Authority.--Subsection (a) of such section is
further amended by striking ``and United States Africa Command areas of
responsibility'' and inserting ``area of responsibility''.
(c) Annual Funding Limitation on Use of Authority; Exception.--
Subsection (c) of such section is amended--
(1) in paragraph (2)--
(A) in the first sentence, by inserting ``for fiscal
year 2010'' after ``operation and maintenance'' ; and
(B) in the second sentence, by striking ``fiscal
year 2009'' and inserting ``that fiscal year''; and
(2) by adding at the end the following new paragraph:

``(3) Notwithstanding paragraph (1), the Secretary of Defense may
authorize the obligation under this section of not more than an
additional $10,000,000 of appropriated funds available for operation and
maintenance for a fiscal year if the Secretary determines that the
additional funds are needed for costs associated with contract
closeouts. Funds obligated under this paragraph are not subject to the
limitation in the second sentence of paragraph (2).''.
(d) Clerical Amendment to Correct Reference to Congressional
Committee.--Subsection (f) of such section is amended by striking
``Subcommittees on Defense and Military Construction'' both places it
appears and inserting ``Subcommittee on Defense and the Subcommittee on
Military Construction, Veterans Affairs, and Related Agencies''.
SEC. 2807. <<NOTE: 10 USC 3013 note.>> EXPANSION OF FIRST
SERGEANTS BARRACKS INITIATIVE.

(a) Expansion of Initiative.-- <<NOTE: Deadline.>> Not later than
September 30, 2011, the Secretary of the Army shall expand the First
Sergeants Barracks Initiative (FSBI) to include all Army installations
in order to improve the quality of life and living environments for
single soldiers.

(b) Progress Reports.--Not later than February 15, 2010, and
February 15, 2011, the Secretary of the Army shall submit to the
congressional defense committees a report describing the progress made
in expanding the First Sergeants Barracks Initiative to all Army
installations.
SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR MILITARY
UNACCOMPANIED HOUSING.

(a) Secretary of Defense Report.--Not later than March 31, 2010, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing--
(1) an evaluation of the process by which the Secretary
develops, implements, and oversees housing privatization
transactions involving military unaccompanied housing;

[[Page 123 STAT. 2664]]

(2) recommendations regarding additional opportunities for
members of the Armed Forces to utilize housing privatization
transactions involving military unaccompanied housing;
(3) an evaluation of the impact of a prohibition on civilian
occupancy of such housing on the ability to secure private
partners for such housing privatization transactions; and
(4) the Secretary's assessment of the feasibility and cost
of privatizing military unaccompanied housing for all members of
the Armed Forces.

(b) Comptroller General Report.--
(1) In general.--Not later than 90 days after the Secretary
of Defense submits the report under subsection (a), 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 evaluating such report. The report of
the Comptroller General shall include the Comptroller General's
assessment of the process used by the Secretary in preparing the
report under subsection (a) and the Comptroller General's
assessment of the extent to which such report addresses the
elements required under subsection (a).
(2) Independent research.--The Comptroller General may
conduct such independent research and make such independent
findings and recommendations as the Comptroller General
determines appropriate for purposes of the report submitted
under this subsection.

(c) Housing Privatization Transaction Defined.--In this section, the
term ``housing privatization transaction'' means any contract or other
transaction for the construction or acquisition of military
unaccompanied housing entered into under the authority of subchapter IV
of chapter 169 of title 10, United States Code.
SEC. 2809. REPORT ON DEPARTMENT OF DEFENSE CONTRIBUTIONS TO STATES
FOR ACQUISITION, CONSTRUCTION,
EXPANSION, REHABILITATION, OR CONVERSION
OF RESERVE COMPONENT FACILITIES.

(a) Report Required.--Not later than March 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees a report
specifying, for each of fiscal years 2005 through 2009, the total amount
of contributions by project made by the Secretary to each State under
the authority of paragraphs (2) through (6) of section 18233(a) of title
10, United States Code, for reserve component facilities. The amounts
contributed under each of such paragraphs for each State shall be
specified separately.
(b) Definitions.--In this section, the terms ``State'' and
``facility'' have the meanings given those terms in section 18232 of
such title.

Subtitle B--Real Property and Facilities Administration

SEC. 2821. MODIFICATION OF UTILITY SYSTEMS CONVEYANCE AUTHORITY.

(a) Clarification of Required Determination That Conveyance Reduce
Long-term Costs.--Paragraph (2)(A)(ii) of subsection (a) of section 2688
of title 10, United States Code, is amended by striking ``system; and''
and inserting the following: ``system by

[[Page 123 STAT. 2665]]

10 percent of the long-term cost for provision of those utility services
in the agency tender; and''.
(b) Limitation on Repeated Use of Authority for Same Utility
System.--Such subsection is further amended by adding at the end the
following new paragraph:
``(3)(A) <<NOTE: Determination. Time periods.>> If, as a result of
the economic analysis required by paragraph (2)(A), the Secretary
concerned determines that a utility system, or part of a utility system,
is not eligible for conveyance under this subsection, the Secretary
concerned may not further reconsider the utility system, or part of a
utility system, for conversion to contractor operation under section
2461 of this title for a period of five years beginning on the date of
the determination.

``(B) If the results of a public-private competition for conversion
of a utility system, or part of a utility system, to operation by a
contractor favors continued operation by civilian employees of the
Department of Defense, the Secretary concerned may not reconsider the
utility system, or part of a utility system, for conversion under
section 2461 of this title or for conveyance under this subsection for a
period of five years beginning on the date of the completion of the
public-private competition.''.
SEC. 2822. REPORT ON GLOBAL DEFENSE POSTURE REALIGNMENT AND
INTERAGENCY REVIEW.

(a) Annual Review of Overseas Base Closure and Realignment Actions
and Basing Master Plans.--
(1) In general.--Chapter 159 of title 10, United States
Code, is amended by inserting after section 2687 the following
new section:
``Sec. 2687a. Overseas base closures and realignments and basing
master plans

``(a) Annual Status Report.--At the same time that the budget is
submitted under section 1105(a) of title 31for a fiscal year, the
Secretary of Defense shall submit to the congressional defense
committees and the Committee on Foreign relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives a report
on--
``(1) the status of overseas base closure and realignment
actions undertaken as part of a global defense posture
realignment strategy; and
``(2) the status of development and execution of
comprehensive master plans for overseas military main operating
bases, forward operating sites, and cooperative security
locations.

``(b) Report Elements.--A report under subsection (a) shall address
the following:
``(1) How the master plans described in subsection (a)(2)
would support 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.
``(2) The impact of such plans on the current security
environments in the combatant commands, including United States
participation in theater security cooperation activities and
bilateral partnership, exchanges, and training exercises.

[[Page 123 STAT. 2666]]

``(3) Any comments of the Secretary of Defense resulting
from an interagency review of these plans that includes the
Department of State and other Federal departments and agencies
that the Secretary of Defense considers necessary for national
security.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 2687 the following new item:

``2687a. Overseas base closures and realignments and basing master
plans.''.

(b) Interagency Overseas Basing Report in Response to Quadrennial
Defense Review.--Section 118 of title 10, United States Code, is amended
by inserting after subsection (h), as added by section 1002, the
following new subsection:
``(i) Interagency Overseas Basing Report.--(1) Not later than 90
days after submitting a report on a quadrennial defense review under
subsection (d), the Secretary of Defense shall submit to the
congressional defense committees a report detailing how the results of
the assessment conducted as part of such review will impact--
``(A) the status of overseas base closure and realignment
actions undertaken as part of a global defense posture
realignment strategy; and
``(B) 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.

``(2) A report under paragraph (1) shall include any recommendations
for additional closures or realignments of military installations
outside of the United States and any comments resulting from an
interagency review of these plans that includes the Department of State
and other relevant Federal departments and agencies.''.
SEC. 2823. PROPERTY AND FACILITIES MANAGEMENT OF THE ARMED FORCES
RETIREMENT HOME.

(a) Acquisition of Real Property.--Subsection (e)(2) of section 1511
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is
amended by adding at the end the following new sentence: ``If the
purchase price to acquire fee title to real property for inclusion in
the Retirement Home is more than $750,000, the Secretary may acquire the
real property only if the acquisition is specifically authorized by
law.''.
(b) Disposal of Excess Property and Lease of Non-excess Property.--
Such section is further amended--
(1) in subsection (e), by striking paragraph (3) and
inserting the following new paragraph:

``(3) <<NOTE: Determination.>> If the Secretary of Defense
determines that any property of the Retirement Home is excess to the
needs of the Retirement Home, the Secretary shall dispose of the
property in accordance with subchapter III of chapter 5 of title 40,
United States Code (40 U.S.C. 541 et seq.). The proceeds from the
disposal of property under this paragraph shall be deposited in the
Armed Forces Retirement Home Trust Fund.''; and
(2) by adding at the end the following new subsection:

``(i) Authority to Lease Non-excess Property.--(1) Whenever the
Chief Operating Officer of the Armed Forces Retirement

[[Page 123 STAT. 2667]]

Home considers it advantageous to the Retirement Home, the Secretary of
Defense (acting on behalf of the Chief Operating Officer) may lease to
such lessee and upon such terms as the Secretary considers will promote
the purpose and financial stability of the Retirement Home or be in the
public interest, real or personal property that is--
``(A) under the control of the Retirement Home; and
``(B) not excess property (as defined by section 102 of
title 40, United States Code) subject to disposal under
subsection (e)(3).

``(2) <<NOTE: Determinations.>> A lease under this subsection--
``(A) may not be for more than five years, unless the Chief
Operating Officer determines that a lease for a longer period
will promote the purpose and financial stability of the
Retirement Home or be in the public interest;
``(B) may give the lessee the first right to buy the
property if the lease is revoked to allow the United States to
sell the property under any other provision of law;
``(C) shall permit the Chief Operating Officer to revoke the
lease at any time, unless the Chief Operating Officer determines
that the omission of such a provision will promote the purpose
and financial stability of the Retirement Home or be in the
public interest;
``(D) shall provide for the payment (in cash or in kind) by
the lessee of consideration in an amount that is not less than
the fair market value of the lease interest, as determined by
the Chief Operating Officer ; and
``(E) may provide, notwithstanding section 1302 of title 40,
United States Code, or any other provision of law, for the
alteration, repair, or improvement, by the lessee, of the
property leased as the payment of part or all of the
consideration for the lease.

``(3) In addition to any in-kind consideration accepted under
subparagraph (D) or (E) of paragraph (2), in-kind consideration accepted
with respect to a lease under this subsection may include the following:
``(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the Retirement Home.
``(B) Construction of new facilities for the Retirement
Home.
``(C) Provision of facilities for use by the Retirement
Home.
``(D) Facilities operation support for the Retirement Home.
``(E) Provision of such other services relating to
activities that will occur on the leased property as the Chief
Operating Officer considers appropriate.

``(4) In-kind consideration under paragraph (3) may be accepted at
any property or facilities of the Retirement Home that are selected for
that purpose by the Chief Operating Officer.
``(5) <<NOTE: Time period.>> In the case of a lease for which all or
part of the consideration proposed to be accepted under this subsection
is in-kind consideration with a value in excess of $500,000, the
Secretary of Defense may not enter into the lease on behalf of the Chief
Operating Officer until at least 30 days after the date on which a
report on the facts of the lease is submitted to Congress. This
paragraph does not apply to a lease covered by paragraph (6).

``(6)(A) <<NOTE: Determination.>> If a proposed lease under this
subsection involves only personal property, the lease term exceeds one
year, or the fair

[[Page 123 STAT. 2668]]

market value of the lease interest exceeds $100,000, as determined by
the Chief Operating Officer, the Secretary of Defense shall use
competitive procedures to select the lessee unless the Chief Operating
Officer determines that--
``(i) a public interest will be served as a result of the
lease; and
``(ii) the use of competitive procedures for the selection
of certain lessees is unobtainable or not compatible with the
public benefit served under clause (i).

``(B) <<NOTE: Deadline. Notice.>> Not later than 45 days before
entering into a lease described in subparagraph (A), the Chief Operating
Officer shall submit to Congress written notice describing the terms of
the proposed lease and--
``(i) the competitive procedures used to select the lessee;
or
``(ii) in the case of a lease involving the public benefit
exception authorized by subparagraph (A)(ii), a description of
the public benefit to be served by the lease.

``(7) The proceeds from the lease of property under this subsection
shall be deposited in the Armed Forces Retirement Home Trust Fund.
``(8) The interest of a lessee of property leased under this
subsection may be taxed by State or local governments. A lease under
this subsection shall provide that, if and to the extent that the leased
property is later made taxable by State or local governments under an
Act of Congress, the lease shall be renegotiated.''.
SEC. 2824. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT CLEANUP EFFORTS
AT FORMER ALMADEN AIR FORCE STATION,
CALIFORNIA.

(a) Acceptance of Contributions; Purpose.--The Secretary of the Army
may accept contributions from other Federal entities, the State of
California, and other entities, both public and private, for the
purposes of helping to cover the costs of--
(1) demolition of property at former Almaden Air Force
Station, California; and
(2) environmental remediation and restoration.

(b) Availability.--Amounts received as contributions under
subsection (a) may be merged with other amounts available to the
Secretary to carry out the purposes described in such subsection and
shall be available without further appropriations and until expended.
SEC. 2825. <<NOTE: 10 USC 3013 note.>> SELECTION OF MILITARY
INSTALLATIONS TO SERVE AS LOCATIONS OF
BRIGADE COMBAT TEAMS.

In selecting the military installations at which brigade combat
teams will be stationed, the Secretary of the Army shall take into
consideration the availability and proximity of training spaces for the
units and the capacity of the installations to support the units.
SEC. 2826. REPORT ON FEDERAL ASSISTANCE TO SUPPORT COMMUNITIES
ADVERSELY IMPACTED BY EXPANSION OF
MILITARY INSTALLATIONS.

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 that includes the following information:

[[Page 123 STAT. 2669]]

(1) A description of the current authorities under which the
Secretary may assist a community that is adversely impacted by
the expansion of a military installation (in this section
referred to as ``impacted community'').
(2) A description of the current authorities under which
heads of other Federal agencies may assist an impacted
community.
(3) A review of additional authorities that the Secretary
requires to assist impacted communities, including an assessment
on the following:
(A) Methods to obtain educational opportunities for
members of the Armed Forces and their dependents in
impacted communities.
(B) Opportunities to use payments in lieu of taxes
under chapter 69 of title 31, United States Code, to
offset impacts on impacted communities.
(C) In remote locations where the Armed Forces does
not have a presence and significant military expansion
has been proposed, the ability to augment local medical
capacities and public utilities to support expansion
requirements.

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.

(a) Deputy Secretary of Defense.--Section 132 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(d) <<NOTE: Termination date.>> Until September 30, 2015, the
Deputy Secretary of Defense shall lead the Guam Executive Council and
shall be the Department of Defense's principal representative for
coordinating the interagency efforts in matters relating to Guam,
including the following executive orders:
``(1) Executive Order No. 13299 of May 12, 2003 (68 Fed.
Reg. 25477; 48 U.S.C. note prec. 1451; relating to the
Interagency Group on Insular Affairs).
``(2) Executive Order No. 12788 of January 15, 1992, as
amended (57 Fed. Reg. 2213; relating to the Defense Economic
Adjustment Program).''.

(b) Report.--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 including the charter that establishes the
Guam Executive Council.
SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL PURPOSE
ENTITIES TO ASSIST WITH GUAM
REALIGNMENT.

(a) <<NOTE: 10 USC 2687 note.>> Special Purpose Entity Defined.--In
this section, the term ``special purpose entity'' means any private
person, corporation, firm, partnership, company, State or local
government, or authority or instrumentality of a State or local
government that the Secretary of Defense determines is capable of
producing military family housing or providing utilities to support the
realignment of military installations and the relocation of military
personnel on Guam.

[[Page 123 STAT. 2670]]

(b) Report on Intended Use Special Purpose Entities.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
describing the intended use of special purpose entities to
provide military family housing or utilities to support the
realignment of military installations and the relocation of
military personnel on Guam.
(2) Notice and wait.-- <<NOTE: Time period.>> The Secretary
of Defense may not authorize the use of special use entities as
described in paragraph (1) until the end of the 30-day period
(15-day period if the report is submitted electronically)
beginning on the date on which the report required by such
paragraph is submitted.

(c) Applicability of Unified Facilities Criteria.--
(1) Applicability to section 2350k contributions.--Section
2824(c)(4) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 10 U.S.C.
2687 note) is amended by adding at the end the following new
subparagraph:
``(D) Applicability of unified facilities
criteria.--The unified facilities criteria promulgated
by the Under Secretary of Defense for Acquisition,
Technology, and Logistics and dated May 29, 2002, and
any successor to such criteria shall be the minimum
standard applicable to projects funded using
contributions referred to in subsection (b)(1) for a
transaction authorized by paragraph (1).''.
(2) Applicability to special purpose entity contributions.--
The unified facilities criteria promulgated by the Under
Secretary of Defense for Acquisition, Technology, and Logistics
and dated May 29, 2002, and any successor to such criteria shall
be the minimum standard applicable to projects funded using
contributions provided by a special purpose entity.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing an
evaluation of various options, including a preferred option,
that the Secretary could utilize to comply with the unified
facilities criteria referred to in paragraph (2) in the
acquisition of military housing on Guam in connection with the
realignment of military installations and the relocation of
military personnel on Guam. In preparing the report, the
Secretary shall consider the impact of--
(A) increasing the overseas housing allowance for
members of the Armed Forces serving on Guam; and
(B) providing a direct Federal subsidy to public-
private ventures.

(d) Sense of Congress on Scope of Utility Infrastructure
Improvements.--Section 2821 of the Military Construction Authorization
Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4729) is amended--
(1) by redesignating subsection (c) as subsection (b); and
(2) in such subsection, by striking ``should incorporate the
civilian and military infrastructure into a single grid to
realize and maximize the effectiveness of the overall utility
system'' and inserting ``should support proposed utility
infrastructure

[[Page 123 STAT. 2671]]

improvements on Guam that incorporate the civilian and military
infrastructure into a single grid to realize and maximize the
effectiveness of the overall utility system, rather than simply
supporting one or more military installations''.
SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY CONSTRUCTION AND
CERTAIN OTHER TRANSACTIONS ON GUAM.

(a) Prevailing Wage Requirements.--Subsection (c) of section 2824 of
the Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 10 U.S.C. 2687 note) is amended by
adding at the end the following new paragraph:
``(5) Application of prevailing wage requirements.--
``(A) In general.--The requirements of subchapter IV
of chapter 31 of title 40, United States Code, shall
apply to any military construction project or other
transaction authorized by paragraph (1) that is carried
out on Guam using contributions referred to in
subsection (b)(1) or appropriated funds.
``(B) Secretary of labor authorities.--In order to
carry out the requirements of subparagraph (A) and
paragraph (6) (relating to composition of workforce for
construction projects), the Secretary of Labor shall
have the authority and functions set forth in
Reorganization Plan Number 14 of 1950 and section 3145
of title 40, United States Code.
``(C) Wage rate determination.--In making wage rate
determinations pursuant to subparagraph (A), the
Secretary of Labor shall not include in the wage survey
any persons who hold a visa described in section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
``(D) Addition to weekly statement on the wages
paid.--In the case of projects and other transactions
covered by subparagraph (A), the weekly statement
required by section 3145 of title 40, United States
Code, shall also identify each employee working on the
project or transaction who holds a visa described in
section 101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
``(E) <<NOTE: Determination. Deadline.>> Duration of
requirements.--The Secretary of Labor shall make and
issue a wage rate determination for Guam annually until
90 percent of the funds in the Account and other funds
made available for the realignment of military
installations and the relocation of military personnel
on Guam have been expended.''.

(b) Reporting Requirements Regarding Support of Construction
Workforce.--Subsection (e) of such section is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) Military construction information.--Not later than'';
and
(2) by adding at the end the following new paragraph:
``(2) Construction workforce information.--The annual report
shall also include an assessment of the living standards of the
construction workforce employed to carry out military
construction projects covered by the report, including, at a

[[Page 123 STAT. 2672]]

minimum, the adequacy of contract standards and infrastructure
that support temporary housing the construction workforce and
their medical needs.''.
SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUCTION PROJECTS
FUNDED THROUGH THE SUPPORT FOR UNITED
STATES RELOCATION TO GUAM ACCOUNT.

(a) Composition of Workforce.--Section 2824(c) of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 10 U.S.C. 2687 note) is amended by inserting after
paragraph (5), as added by section 2833, the following new paragraph:
``(6) Composition of workforce for construction projects.--
``(A) Limitation.--With respect to each construction
project that is carried out using amounts described in
subparagraph (B), no work may be performed by a person
holding a visa described in section 101(a)(15)(H)(ii)(b)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) unless--
``(i) the application for that visa has been
approved pursuant to the issuance of a temporary
labor certification by the Governor of Guam as
provided under section 214.2 of title 8, Code of
Federal Regulations; and
``(ii) <<NOTE: Certification.>> the Governor
of Guam, in consultation with the Secretary of
Labor, makes the certification described in
subparagraph (C) to the Secretary of Defense.
``(B) Source of funds.--
<<NOTE: Applicability.>> Subparagraph (A) applies to--
``(i) amounts in the Account used for projects
associated with the realignment of military
installations and the relocation of military
personnel on Guam;
``(ii) funds associated with activities under
section 2821 of this Act; and
``(iii) funds for authorized military
construction projects.
``(C) Certification.--The certification referred to
in subparagraph (A) is a certification, in addition to
the certifications required by section 214.2 of title 8,
Code of Federal Regulations, that--
``(i) there are not sufficient United States
workers who are able, willing, qualified, and
available at the time of application for a visa
and admission to the United States and at the
place where the persons holding visas described in
section 101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) are to perform such skilled
or unskilled labor; and
``(ii) the employment of such persons holding
visas described in section 101(a)(15)(H)(ii)(b) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) will not adversely affect
the wages and working conditions of workers in
Guam similarly employed.
``(D) Solicitation of workers.--
<<NOTE: Contracts. Recruitment plan.>> In order to
ensure compliance with subparagraph (A), as a condition
of a contract covered by such subparagraph, the
contractor shall

[[Page 123 STAT. 2673]]

be required to advertise and solicit for construction
workers in the United States, including Guam, the
Commonwealth of the Northern Mariana Islands, American
Samoa, the Virgin Islands, and the Commonwealth of
Puerto Rico, in accordance with a recruitment plan
approved by the Secretary of
Labor. <<NOTE: Records. Deadline.>> The contractor shall
submit a copy of the employment offer, including a
description of wages and other terms and conditions of
employment, to the Secretary of Labor at least 60 days
before the start date of the workers under a
contract. <<NOTE: Notice. Web
posting. Determination.>> The contractor shall authorize
the Secretary of Labor to post a notice of the
employment offer on a website, with State, territorial,
and local job banks, with State and territorial
workforce agencies, and with any other referral and
recruitment sources the Secretary of Labor determines
may be pertinent to the employment opportunity.
``(E) <<NOTE: Contracts.>> Recruitment period.--The
Secretary of Labor shall ensure that a contractor's
recruitment of construction workers complies with the
recruitment plan required by subparagraph (D) for a
period beginning 60 days before the start date of
workers under a contract and continuing for the next 28
days. <<NOTE: Deadline. Reports.>> During the
recruitment period, the contractor shall interview all
qualified and available United States construction
workers who have applied for the employment opportunity,
and, at the close of the recruitment period, the
contractor shall provide the Secretary of Labor with a
recruitment report providing any reasons for which the
contractor did not hire an applicant who is a qualified
United States construction
worker. <<NOTE: Deadline. Certification.>> Not later
than 21 days before the start date of the workers under
a contract, the Secretary of Labor shall certify to the
Governor of Guam whether the contractor has satisfied
the recruitment plan created under subparagraph (D).
``(F) Limitation.--An employer, its attorney or
agent, the Secretary of Labor, the Governor of Guam, and
any designee thereof, may not seek or receive payment of
any kind from any worker for any activity related to
obtaining an H-2B labor certification with respect to
any construction project that is carried out using
amounts described in subparagraph (B).''.

(b) Reporting Requirements.--
(1) Secretary of defense.-- <<NOTE: Contracts.>> Not later
than June 30, 2010, the Secretary of Defense shall submit to the
congressional committees specified in paragraph (3) a report
containing an assessment of efforts to establish a Project Labor
Agreement for construction projects associated with the Guam
realignment as encouraged by Executive Order 13502, entitled
``Use of Project Labor Agreements for Federal Construction
Projects'' (74 Fed. Reg. 6985), as a means of complying with the
requirements of paragraph (6) of section 2824(c) of the Military
Construction Authorization Act for Fiscal Year 2009, as added by
subsection (a).
(2) <<NOTE: Deadline. Reports.>> Secretary of labor.--Not
later than June 30, 2010, the Secretary of Labor shall submit to
the congressional committees specified in paragraph (3) a report
containing an assessment of--

[[Page 123 STAT. 2674]]

(A) the opportunities to expand the recruitment of
construction workers in the United States, including
Guam, the Commonwealth of the Northern Mariana Islands,
American Samoa, the Virgin Islands, and the Commonwealth
of Puerto Rico, to support the realignment of military
installations and the relocation of military personnel
on Guam, consistent with the requirements of paragraph
(6) of section 2824(c) of the Military Construction
Authorization Act for Fiscal Year 2009, as added by
subsection (a);
(B) the ability of labor markets to support the Guam
realignment;
(C) the sufficiency of efforts to recruit United
States construction workers; and
(D) The costs to the United States for recruitment
plans required by such paragraph (6) and a proposed
method to cover such costs.
(3) Covered congressional committees.--The reports required
by this subsection shall be submitted to the congressional
defense committees, the Committee on Education and Labor of the
House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate.
SEC. 2835. <<NOTE: 10 USC 2687 note.>> INTERAGENCY COORDINATION
GROUP OF INSPECTORS GENERAL FOR GUAM
REALIGNMENT.

(a) Interagency Coordination Group.-- <<NOTE: Establishment.>> There
is hereby established the Interagency Coordination Group of Inspectors
General for Guam Realignment (in this section referred to as the
``Interagency Coordination Group'')--
(1) to provide for the objective conduct and supervision of
audits and investigations relating to the programs and
operations funded with amounts appropriated or otherwise made
available for military construction on Guam in connection with
the realignment of military installations and the relocation of
military personnel on Guam; and
(2) to provide for coordination of, and recommendations on,
policies designed--
(A) to promote economic efficiency and effectiveness
in the administration of the programs and operations
described in paragraph (1); and
(B) to prevent and detect waste, fraud, and abuse in
such programs and operations.

(b) Membership.--
(1) Chairperson.--The Inspector General of the Department of
Defense shall serve as chairperson of the Interagency
Coordination Group.
(2) Additional members.--Additional members of the
Interagency Coordination Group shall include the Inspector
General of the Department of Interior and the Inspector General
of such other Federal agencies as the chairperson considers
appropriate to carry out the duties of the Interagency
Coordination Group.

(c) Duties.--
(1) Oversight of guam construction.--It shall be the duty of
the Interagency Coordination Group to conduct, supervise, and
coordinate audits and investigations of the treatment,

[[Page 123 STAT. 2675]]

handling, and expenditure of amounts appropriated or otherwise
made available for military construction on Guam and of the
programs, operations, and contracts carried out utilizing such
funds, including--
(A) the oversight and accounting of the obligation
and expenditure of such funds;
(B) the monitoring and review of construction
activities funded by such funds;
(C) the monitoring and review of contracts funded by
such funds;
(D) the monitoring and review of the transfer of
such funds and associated information between and among
departments, agencies, and entities of the United States
and private and nongovernmental entities;
(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such fund; and
(F) the monitoring and review of the implementation
of the Defense Posture Review Initiative relating to the
realignment of military installations and the relocation
of military personnel on Guam.
(2) Other duties related to oversight.--
<<NOTE: Procedures.>> The Interagency Coordination Group shall
establish, maintain, and oversee such systems, procedures, and
controls as the Interagency Coordination Group considers
appropriate to discharge the duties under paragraph (1).
(3) Oversight plan.-- <<NOTE: Deadline.>> The chairperson of
the Interagency Coordination Group shall prepare an annual
oversight plan detailing planned audits and reviews related to
the Guam realignment.

(d) Assistance From Federal Agencies.--
(1) Provision of assistance.--Upon request of the
Interagency Coordination Group for information or assistance
from any department, agency, or other entity of the Federal
Government, the head of such entity shall, insofar as is
practicable and not in contravention of any existing law,
furnish such information or assistance to the Interagency
Coordination Group.
(2) Reporting of refused assistance.--Whenever information
or assistance requested by the Interagency Coordination Group
is, in the judgment of the chairperson of the Interagency
Coordination Group, unreasonably refused or not provided, the
chairperson shall report the circumstances to the Secretary of
Defense and to the congressional defense committees without
delay.

(e) Reports.--
(1) Annual reports.--Not later than February 1 of each year,
the chairperson of the Interagency Coordination Group shall
submit to the congressional defense committees, the Secretary of
Defense, and the Secretary of the Interior a report summarizing,
for the preceding calendar year, the activities of the
Interagency Coordination Group during such year and the
activities under programs and operations funded with amounts
appropriated or otherwise made available for military
construction on Guam. Each report shall include, for the year
covered by the report, a detailed statement of all obligations,

[[Page 123 STAT. 2676]]

expenditures, and revenues associated with such construction,
including the following:
(A) Obligations and expenditures of appropriated
funds.
(B) A project-by-project and program-by-program
accounting of the costs incurred to date for military
construction in connection with the realignment of
military installations and the relocation of military
personnel on Guam, together with the estimate of the
Department of Defense and the Department of the
Interior, as applicable, of the costs to complete each
project and each program.
(C) Revenues attributable to or consisting of funds
contributed by the Government of Japan in connection
with the realignment of military installations and the
relocation of military personnel on Guam and any
obligations or expenditures of such revenues.
(D) Operating expenses of agencies or entities
receiving amounts appropriated or otherwise made
available for military construction on Guam.
(E) In the case of any contract, grant, agreement,
or other funding mechanism described in paragraph (2)--
(i) the amount of the contract, grant,
agreement, or other funding mechanism;
(ii) a brief discussion of the scope of the
contract, grant, agreement, or other funding
mechanism;
(iii) a discussion of how the department or
agency of the United States Government involved in
the contract, grant, agreement, or other funding
mechanism identified, and solicited offers from,
potential individuals or entities to perform the
contract, grant, agreement, or other funding
mechanism, together with a list of the potential
individuals or entities that were issued
solicitations for the offers; and
(iv) the justification and approval documents
on which was based the determination to use
procedures other than procedures that provide for
full and open competition.
(2) Covered contracts, grants, agreements, and funding
mechanisms.-- <<NOTE: Definition.>> A contract, grant,
agreement, or other funding mechanism described in this
paragraph is any major contract, grant, agreement, or other
funding mechanism that--
(A) is entered into by any department or agency of
the United States Government with any public or private
sector entity; and
(B) involves the use of amounts appropriated or
otherwise made available for military construction on
Guam.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex if the Interagency Coordination Group considers it
necessary.
(4) Rule of construction.--Nothing in this subsection shall
be construed to authorize the public disclosure of information
that is--
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense

[[Page 123 STAT. 2677]]

or national security or in the conduct of foreign
affairs; or
(C) a part of an ongoing criminal investigation.
(5) <<NOTE: Deadline.>> Submission of comments.--Not later
than 30 days after receipt of a report under paragraph (1), the
Secretary of Defense or the Secretary of the Interior may submit
to the congressional defense committees any comments on the
matters covered by the report as the Secretary concerned
considers appropriate. Any comments on the matters covered by
the report shall be submitted in unclassified form, but may
include a classified annex if the Secretary concerned considers
it necessary.

(f) <<NOTE: President.>> Public Availability; Waiver.--
(1) Public availability.-- <<NOTE: Web posting.>> The
Interagency Coordination Group shall publish on a publically-
available Internet website each report prepared under subsection
(e). Any comments on the report submitted under paragraph (5) of
such subsection shall also be published on such website.
(2) Waiver authority.-- <<NOTE: Determination.>> The
President may waive the requirement under paragraph (1) with
respect to availability to the public of any element in a report
under subsection (e), or any comment with respect to a report,
if the President determines that the waiver is justified for
national security reasons.
(3) Notice of waiver.-- <<NOTE: Federal Register,
publication. Deadline.>> The President shall publish a notice of
each waiver made under this subsection in the Federal Register
no later than the date on which a report required under
subsection (e), or any comment under paragraph (5) of such
subsection, is submitted to the congressional defense
committees. The report and comments shall specify whether
waivers under this subsection were made and with respect to
which elements in the report or which comments, as appropriate.

(g) Definitions.--In this section:
(1) Amounts appropriated or otherwise made available.--The
term ``amounts appropriated or otherwise made available for
military construction on Guam'' includes amounts derived from
the Support for United States Relocation to Guam Account.
(2) Guam.--The term ``Guam'' includes any island in the
Northern Mariana Islands.

(h) Termination.--
(1) In general.-- <<NOTE: Termination date.>> The
Interagency Coordination Group shall terminate upon the
expenditure of 90 percent of all funds appropriated or otherwise
made available for Guam realignment.
(2) Final report.--Before the termination of the Interagency
Coordination Group pursuant to paragraph (1), the chairperson of
the Interagency Coordination Group shall prepare and submit to
the congressional defense committees a final report containing--
(A) notice that the termination condition in
paragraph (1) has occurred; and
(B) a final forensic audit on programs and
operations funded with amounts appropriated or otherwise
made available for military construction on Guam.

[[Page 123 STAT. 2678]]

SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY REQUIREMENTS AS
CONDITION ON ACCEPTANCE OF REPLACEMENT
FACILITY FOR MARINE CORPS AIR STATION,
FUTENMA, OKINAWA.

(a) In General.-- <<NOTE: Reports.>> The Secretary of Defense may
not accept, or authorize any other official of the Department of Defense
to accept, a replacement facility in Okinawa for air operations
conducted at Marine Corps Air Station, Futenma, Okinawa until the
Secretary reports to the congressional defense committees that the
replacement facility and its planned operating procedures are consistent
with naval aviation safety requirements.

(b) Exercise of Waiver Authorities.--
(1) <<NOTE: Determination.>> Rule of construction.--Nothing
in this section shall be construed as preventing the Secretary
from exercising existing waiver authorities provided the
Secretary first determines the waiver is necessary in the
interest of national defense.
(2) Required reporting of efforts.--The report specified
under subsection (a) shall clearly identify efforts made to
mitigate deviations from criteria in the planning and
construction of the replacement facility described in such
subsection.
SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE CORPS
REQUIREMENTS IN ASIA-PACIFIC REGION.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the training and readiness
requirements necessary for Marine Forces Pacific, the field command of
the Marine Corps within the United States Pacific Command.
(b) Contents of Report.--The report required under subsection (a)
shall contain each of the following:
(1) A description of the units of the Marine Corps expected
to be assigned or realigned on a permanent or temporary basis to
Marine Forces Pacific, including the type of unit, the
organizational element, the current location of the unit, and
proposed location for the unit.
(2) A description of the training requirements necessary to
sustain the current and planned realignment of forces specified
in paragraph (1).
(3) A description of the strategic- and tactical-lift
requirements associated with the training, operational
readiness, and movement of Marine Forces Pacific, including
programming information regarding the intent of the Department
of Defense to eliminate deficiencies in the strategic-lift
capabilities.

(c) Sense of Congress.--It is the sense of Congress that an
evaluation of training and readiness requirements for Marine Forces
Pacific--
(1) should be conducted and completed as soon as possible;
(2) should include an analysis that, at a minimum, reviews
the capabilities required to support the training, operational
readiness, and movement of Marine Air-Ground Task Force; and
(3) should not impact the implementation of the recently
signed international agreement entitled ``Agreement between the
Government of the United States of America and the Government of
Japan concerning the Implementation of the

[[Page 123 STAT. 2679]]

Relocation of the III Marine Expeditionary Force Personnel and
their Dependents from Okinawa to Guam''.

Subtitle D--Energy Security

SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING AND UTILITY
CONTROL SYSTEM SPECIFICATION FOR
MILITARY CONSTRUCTION AND MILITARY
FAMILY HOUSING ACTIVITIES.

(a) Adoption Required.--
(1) In general.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by inserting after section 2866
the following new section:
``Sec. 2867. Energy monitoring and utility control system
specification for military construction and
military family housing activities

``(a) Adoption of Department-wide, Open Protocol, Energy Monitoring
and Utility Control System Specification.--(1) The Secretary of Defense
shall adopt an open protocol energy monitoring and utility control
system specification for use throughout the Department of Defense in
connection with a military construction project, military family housing
activity, or other activity under this chapter for the purpose of
monitoring and controlling, with respect to the project or activity, the
items specified in paragraph (2) with the goal of establishing
installation-wide energy monitoring and utility control systems.
``(2) The energy monitoring and utility control system specification
required by paragraph (1) shall cover the following:
``(A) Utilities and energy usage, including electricity,
gas, steam, and water usage.
``(B) Indoor environments, including temperature and
humidity levels.
``(C) Heating, ventilation, and cooling components.
``(D) Central plant equipment.
``(E) Renewable energy generation systems.
``(F) Lighting systems.
``(G) Power distribution networks.

``(b) Exclusion.--(1) The energy monitoring and utility control
system specification required by subsection (a) is not required to apply
to projects carried out under the authority provided in subchapter IV of
chapter 169 of this title.
``(2) <<NOTE: Waiver authority. Determination.>> The Secretary
concerned may waive the application of the energy monitoring and utility
control system specification required by subsection (a) with respect to
a specific military construction project, military family housing
activity, or other activity under this chapter if the Secretary
determines that the application of the specification to the project or
activity is not life cycle cost-effective. <<NOTE: Notification.>> The
Secretary concerned shall notify the congressional defense committees of
any waiver granted under this paragraph.''.

[[Page 123 STAT. 2680]]

(2) Clerical amendment.--The table of sections at the
beginning of subchapter III is amended by inserting after the
item relating to section 2866 the following new item:

``2867. Energy monitoring and utility control system specification for
military construction and military family housing
activities.''.

(3) <<NOTE: 10 USC 2867 note.>> Deadline for adoption.--The
Secretary of Defense shall adopt the open protocol energy
monitoring and utility control system specification required by
section 2867 of title 10, United States Code, as added by
paragraph (1), not later than 180 days after the date of the
enactment of this Act.

(b) Reporting Requirement.--Not later than 180 days after the date
of the enactment of the Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing the following
items:
(1) A contract specification that will implement the open
protocol energy monitoring and utility control system
specification required by section 2867 of title 10, United
States Code, as added by subsection (a).
(2) A description of the method to ensure compliance of the
Department of Defense information assurance certification and
accreditation process.
(3) A plan and expected timetable for integration of the
standard with the energy monitoring and utility control systems.
(4) A list of the justifications and authorizations provided
by the Department, pursuant to Federal Acquisition Regulation
Chapter 6.3, relating to Other Than Full and Open Competition,
for energy monitoring and utility control systems during fiscal
year 2009.
SEC. 2842. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF RENEWABLE
ENERGY SOURCES TO MEET FACILITY ENERGY
NEEDS.

(a) Facility Basis of Goal.--Subsection (e) of section 2911 of title
10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) in subparagraph (A) (as so redesignated)--
(A) by striking ``electric energy'' and inserting
``facility energy'';
(B) by striking ``and in its activities''; and
(C) by striking ``(as defined in section 203(b) of
the Energy Policy Act of 2005 (42 U.S.C. 15852(b)))'';
and
(3) in subparagraph (B) (as so redesignated), by striking
``electric energy'' and inserting ``facility energy''.

(b) Definition of Renewable Energy Source.--Such subsection is
further amended--
(1) by striking ``It shall be'' and inserting ``(1) It shall
be''; and
(2) by adding at the end the following new paragraph:

``(2) In this subsection, the term `renewable energy source' means
energy generated from renewable sources, including the following:
``(A) Solar.
``(B) Wind.
``(C) Biomass.
``(D) Landfill gas.

[[Page 123 STAT. 2681]]

``(E) Ocean, including tidal, wave, current, and thermal.
``(F) Geothermal, including electricity and heat pumps.
``(G) Municipal solid waste.
``(H) New hydroelectric generation capacity achieved from
increased efficiency or additions of new capacity at an existing
hydroelectric project. For purposes of this subparagraph,
hydroelectric generation capacity is `new' if it was placed in
service on or after January 1, 1999.
``(I) Thermal energy generated by any of the preceding
sources.''.

(c) Clerical Amendment.--The heading of such subsection is amended
by striking ``Electricity Needs'' and inserting ``Facility Energy
Needs''.
SEC. 2843. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS FOR
MANAGEMENT OF ENERGY DEMAND OR REDUCTION
OF ENERGY USAGE DURING PEAK PERIODS.

(a) In General.--Subchapter I of chapter 173 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2919. Department of Defense participation in programs for
management of energy demand or reduction of
energy usage during peak periods

``(a) Participation in Demand Response or Load Management
Programs.--The Secretary of Defense, the Secretaries of the military
departments, the heads of the Defense Agencies, and the heads of other
instrumentalities of the Department of Defense are authorized to
participate in demand response programs for the management of energy
demand or the reduction of energy usage during peak periods conducted by
any of the following parties:
``(1) An electric utility.
``(2) An independent system operator.
``(3) A State agency.
``(4) A third party entity (such as a demand response
aggregator or curtailment service provider) implementing demand
response programs on behalf of an electric utility, independent
system operator, or State agency.

``(b) Treatment of Certain Financial Incentives.--Financial
incentives received from an entity specified in subsection (a) shall
be--
``(1) received as a cost reduction in the utility bill for a
facility; or
``(2) deposited into the fund established under subsection
(c) for use, to the extent provided for in an appropriations
Act, by the military department, Defense Agency, or
instrumentality receiving such financial incentive for energy
management initiatives.

``(c) Energy Savings Financial Incentives Fund.--There is
established in the Treasury a fund to be known as the `Energy Savings
Financial Incentives Fund'. The Fund shall consist of any amount
deposited in the Fund pursuant to subsection (b)(2) and amounts
appropriated or otherwise made available to the Fund by law.''.

[[Page 123 STAT. 2682]]

(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2919. Department of Defense participation in programs for management
of energy demand or reduction of energy usage during peak
periods.''.

SEC. 2844. DEPARTMENT OF DEFENSE USE OF ELECTRIC AND HYBRID MOTOR
VEHICLES.

(a) Preference.--Subchapter II of chapter 173 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2922g. Preference for motor vehicles using electric or
hybrid propulsion systems

``(a) Preference.--In leasing or procuring motor vehicles for use by
a military department or Defense Agency, the Secretary of the military
department or the head of the Defense Agency shall provide a preference
for the lease or procurement of motor vehicles using electric or hybrid
propulsion systems, including plug-in hybrid systems, if the electric or
hybrid vehicles--
``(1) will meet the requirements or needs of the Department
of Defense; and
``(2) are commercially available at a cost, including
operating cost, reasonably comparable to motor vehicles
containing only an internal combustion or heat engine using
combustible fuel.

``(b) Exception.--Subsection (a) does not apply with respect to
tactical vehicles designed for use in combat.
``(c) Relation to Other Vehicle Technologies That Reduce Consumption
of Fossil Fuels.-- <<NOTE: Determination.>> The preference required by
subsection (a) does not preclude the Secretary of Defense from
authorizing the Secretary of a military department or head of a Defense
Agency to provide a preference for another vehicle technology that
reduces the consumption of fossil fuels if the Secretary of Defense
determines that the technology is consistent with the energy performance
goals and plan of the Department required by section 2911 of this title.

``(d) Hybrid Defined.--In this section, the term `hybrid', with
respect to a motor vehicle, means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both--
``(1) an internal combustion or heat engine using
combustible fuel; and
``(2) a rechargeable energy storage system.''.

(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2922g. Preference for motor vehicles using electric or hybrid
propulsion systems.''.

(c) <<NOTE: Deadline. 10 USC 2922g note.>> Regulations.--The
Secretary of Defense shall prescribe regulations to implement section
2922g of title 10, United States Code, as added by subsection (a),
within one year after the date of the enactment of this Act.

[[Page 123 STAT. 2683]]

SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER PLANTS ON
MILITARY INSTALLATIONS.

(a) Study Required.--The Secretary of Defense shall conduct a study
to assess the feasibility of developing nuclear power plants on military
installations.
(b) Elements.--As part of the study required by subsection (a), the
Secretary shall--
(1) summarize options available to the Department to enter
into public-private partnerships or other transactions for the
construction and operation of the nuclear power plants;
(2) estimate the potential cost per kilowatt-hour and life-
cycle cost savings to the Department;
(3) consider the potential energy security advantages of
generating electricity on military installations through the use
of nuclear power plants;
(4) assess the additional infrastructure that would be
needed to enable the power plants to provide power through the
general electricity grid and to military installations in the
event of a commercial grid failure;
(5) consider the potential impact on the quality of life of
personnel stationed at military installations at which a nuclear
power plant is installed and ways to mitigate those impacts;
(6) review the range of Federal, State, and local regulatory
processes governing the establishment of nuclear power plants on
military installations;
(7) assess the degree to which nuclear power plants might
adversely affect operations on military installations, including
consideration of training and readiness requirements;
(8) assess potential environmental liabilities for the
Department;
(9) consider factors impacting safe co-location and
operation of nuclear power plants on military installations; and
(10) consider other factors that affect the development of
nuclear power plants on military installations.

(c) <<NOTE: Deadline. Reports.>> Submission of Results of Study.--
Not later than June 1, 2010, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the results of the study required by subsection (a).
SEC. 2846. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
RENEWABLE ENERGY INITIATIVES, INCLUDING
SOLAR INITIATIVES, ON MILITARY
INSTALLATIONS.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report describing all renewable energy initiatives, including projects
involving the installation of solar panels, that are currently producing
energy or are under development on military installations.
(b) Elements.--The report required by subsection (a) shall--
(1) specify the costs associated with each renewable energy
initiative;
(2) address whether the renewable energy initiative has a
clearly delineated set of goals or targets and whether the goals
or targets are being met or are likely to be met by the
completion of the renewable energy initiative; and

[[Page 123 STAT. 2684]]

(3) contain recommendations for legislative or
administrative actions that will assist--
(A) renewable energy initiatives in meeting the
goals or targets; and
(B) the Department of Defense in achieving its
renewable energy goal by 2025, as specified in section
2911(e) of title 10, United States Code.

Subtitle E--Land Conveyances

SEC. 2851. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.

(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Chilkoot Indian Association (in this section referred to as the
``Association'') all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
consisting of approximately 201 acres located at the former Haines Fuel
Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for the
purpose of permitting the Association to develop a Deep Sea Port and for
other industrial and commercial development purposes. To the extent
practicable, the Secretary is encouraged to complete the conveyance by
September 30, 2013, but not prior to the date of completion of all
obligations referenced in subsection (e).
(b) Consideration.-- <<NOTE: Payments. Determination.>> As
consideration for the conveyance under subsection (a), the Association
shall pay to the Secretary an amount equal to the fair market value of
the property, as determined by the Secretary. The determination of the
Secretary shall be final.

(c) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance, all right, title, and
interest in and to such real property, including any improvements and
appurtenant easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the United
States shall have the right of immediate entry onto such real
property. <<NOTE: Records.>> A determination by the Secretary under this
subsection shall be made on the record after an opportunity for a
hearing.

(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
Association to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyance. If amounts
are collected from the Association in advance of the Secretary
incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
Association.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and

[[Page 123 STAT. 2685]]

subject to the same conditions and limitations, as amounts in
such fund or account.

(e) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply with,
any environmental law, including the National Environmental Policy Act
(42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.-- <<NOTE: Determination. Survey.>> The
exact acreage and legal description of the real property to be conveyed
under this section shall be determined by a survey satisfactory to the
Secretary.

(g) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2852. RELEASE OF REVERSIONARY INTEREST, CAMP JOSEPH T.
ROBINSON, ARKANSAS.

The United States releases to the State of Arkansas the reversionary
interest described in sections 2 and 3 of the Act entitled ``An Act
authorizing the transfer of part of Camp Joseph T. Robinson to the State
of Arkansas' ''', approved June 30, 1950 (64 Stat. 311, chapter 429), in
and to the surface estate of the land constituting Camp Joseph T.
Robinson, Arkansas, which is comprised of 40.515 acres of land to be
acquired by the United States of America and 40.513 acres to be acquired
by the City of North Little Rock, Arkansas, and lies in sections 6, 8,
and 9 of township 2 North, Range 12 West, Pulaski County, Arkansas.
SEC. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORT CHICAGO
NAVAL MAGAZINE, CALIFORNIA.

(a) Transfer Required; Administration.--Section 203 of the Port
Chicago National Memorial Act of 1992 (Public Law 102-562; 16 U.S.C. 431
note; 106 Stat. 4235) is amended by striking subsection (c) and
inserting the following new subsections:
``(c) Administration.--The Secretary of the Interior shall
administer the Port Chicago Naval Magazine National Memorial as a unit
of the National Park System in accordance with this Act and laws
generally applicable to units of the National Park System, including the
National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq.)
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
Land transferred to the administrative jurisdiction of the Secretary of
the Interior under subsection (d) shall be administered in accordance
with this subsection.
``(d) Transfer of Land.-- <<NOTE: Determination.>> The Secretary of
the Army shall transfer to the Secretary of the Interior administrative
jurisdiction over of a parcel of land consisting of approximately five
acres, depicted within the proposed boundary on the map entitled `Port
Chicago Naval Magazine National Memorial, Proposed Boundary', numbered
018/80,001, and dated August 2005, if the Secretary of the Army
determines that the land is in excess to military
needs. <<NOTE: Contracts.>> At the time of the transfer of
administrative jurisdiction, the Secretary of the Army and the Secretary
of the Interior shall enter into an agreement to determine the
responsibilities of the respective agencies in the application of, or
obligation to comply with, any applicable environmental law affecting
the transferred

[[Page 123 STAT. 2686]]

land, including the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

``(e) Public Access.-- <<NOTE: Contracts.>> The Secretary of the
Army shall enter into an agreement with the Secretary of the Interior to
provide as much public access as possible to the Port Chicago Naval
Magazine National Memorial without interfering with military needs. This
subsection shall no longer apply if, at some point in the future, the
National Memorial ceases to be an enclave within the Military Ocean
Terminal-Concord.

``(f) Agreement With City of Concord and East Bay Regional Park
District.--The Secretary of the Interior is authorized to enter into an
agreement with the City of Concord, California, and the East Bay
Regional Park District, to establish and operate a facility for visitor
orientation and parking, administrative offices, and curatorial storage
for the National Memorial.
``(g) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply with,
any environmental law, including the National Environmental Policy Act
(42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).''.
(b) Sense of Congress on Repair and Modification of National
Memorial.--In accordance with public access provided by section 203(e)
of the Port Chicago National Memorial Act of 1992, as amended by
subsection (a), it is the sense of Congress that the Secretary of the
Army and the Secretary of the Interior should work together to develop a
process by which future repairs and modifications to mutually used
infrastructure at the Port Chicago Naval Magazine National Memorial can
be carried out in as timely and cost-effective a manner as possible.
SEC. 2854. LAND CONVEYANCE, FERNDALE HOUSING AT CENTERVILLE BEACH
NAVAL FACILITY TO CITY OF FERNDALE,
CALIFORNIA.

(a) Conveyance Authorized.--At such time as the Navy vacates the
Ferndale Housing, which previously supported the now closed Centerville
Beach Naval Facility in the City of Ferndale, California, the Secretary
of the Navy may convey, at fair market value, to the City of Ferndale
(in this section referred to as the ``City''), all right, title, and
interest of the United States in and to the parcels of real property,
including improvements thereon, for the purpose of permitting the City
to utilize the property for low- and moderate-income housing for
seniors, families, or both.
(b) Description of Property.-- <<NOTE: Determination. Survey.>> The
exact acreage and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Navy.

(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary of the Navy shall
require the City to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the city in advance of

[[Page 123 STAT. 2687]]

the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the
excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary of the Navy in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to the
same conditions and limitations, as amounts in such fund or
account.

(d) Transfer of Proceeds Authorized.--The Secretary of Defense may
transfer any proceeds received from the conveyance under subsection (a),
less amounts received as reimbursement for costs under subsection (c),
to the Department of Defense Family Housing Improvement Fund established
under section 2883(a) of title 10, United States Code, for the purposes
of carrying out activities under subchapter IV of chapter 169 of that
title with respect to military family housing.
(e) Additional Term and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary of the Navy considers
appropriate to protect the interests of the United States.
SEC. 2855. LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT,
HAWAII.

(a) Conveyances Authorized.--The Secretary of the Navy may convey
all right, title, and interest of the United States in and to the
parcels of real property, including any improvements thereon, described
in subsection (b) and located at former Naval Air Station, Barbers
Point, Oahu, Hawaii--
(1) to the Hawaii Community Development Authority (in this
section referred to as the ``Authority''), which is the local
redevelopment authority for former Naval Air Station, Barbers
Point; or
(2) to the Department of Hawaiian Homelands (in this section
referred to as the ``Department'').

(b) Covered Parcels.--The real property authorized to be conveyed
under subsection (a) includes the following:
(1) An approximately 10.569-acre parcel of land identified
as ``Parcel No. 13126 B'' and further identified by Oahu Tax Map
Key No. 9-1-031:047.
(2) An approximately 145.785-acre parcel of land identified
as ``Parcel No. 13058 D'' and further identified by Oahu Tax Map
Key No. 9-1-013:039.
(3) An approximately 9.303-acre parcel of land identified as
``Parcel No. 13058 F'' and further identified by Oahu Tax Map
Key No. 9-1-013:041.
(4) An approximately 57.937-acre parcel of land identified
as ``Parcel No. 13058 G'' and further identified by Oahu Tax Map
Key No. 9-1-013:042.
(5) An approximately 11.501-acre parcel of land identified
as ``Parcel No. 13073 D'' and further identified by Oahu Tax Map
Key No. 9-1-013:069.

[[Page 123 STAT. 2688]]

(6) An approximately 65.356-acre parcel of land identified
as ``Parcel No. 13073 B'' and further identified by Oahu Tax Map
Key No. 9-1-013:067.
(7) Any other property at former Naval Air Station, Barbers
Point identified for closure through the base closure process.

(c) Consideration.--
(1) Authority conveyances.-- <<NOTE: Determination.>> Any
conveyance under subsection (a)(1) to the Authority shall be
made without consideration if the conveyed real property is to
be used for public benefit, as determined by the Secretary.
(2) Department conveyances.--Any conveyance under subsection
(a)(2) to the Department shall be made to mitigate further
claims associated with the Hawaiian Home Lands Recovery Act
(title II of Public Law 104-42; 109 Stat. 357; 48 U.S.C. 491
note prec.).

(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
Authority or the Department, as the case may be, to cover costs
to be incurred by the Secretary, or to reimburse the Secretary
for costs incurred by the Secretary, to carry out a conveyance
under subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected in advance
of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the
excess amount to the Authority or the Department, whichever
entity paid the excess amount.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.

(e) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply with,
any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.-- <<NOTE: Determination. Survey.>> The
exact acreage and legal descriptions of the parcels of real property to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary.

(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions, including easements or covenants to
protect cultural or natural resources, in connection with the
conveyances under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2856. LAND CONVEYANCES OF CERTAIN PARCELS IN THE CAMP CATLIN
AND OHANA NUI AREAS, PEARL HARBOR,
HAWAII.

(a) Conveyances Authorized.--The Secretary of the Navy may convey to
any person or entity leasing or licensing real property located at Camp
Catlin and Ohana Nui areas, Hawaii, as of the

[[Page 123 STAT. 2689]]

date of the enactment of this Act (in this section referred to as the
``lessee'') all right, title, and interest of the United States in and
to the portion of such property that is respectively leased or licensed
by such person or entity for the purpose of continuing the same
functions as are being conducted on the property as of the date of the
enactment of this Act.
(b) Consideration.--As consideration for a conveyance under
subsection (a), the lessee shall provide the United States, whether by
cash payment, in-kind consideration described in section 2667(c) of
title 10, United States Code, or a combination thereof, an amount that
is not less than the fair market of the conveyed property, as determined
pursuant to an appraisal acceptable to the Secretary.
(c) Exercise of Right To Purchase Property.--
(1) Acceptance of offer.-- <<NOTE: Time
period. Notice.>> For a period of 180 days beginning on the date
the Secretary makes a written offer to convey the property or
any portion thereof under subsection (a), the lessee shall have
the exclusive right to accept such offer by providing written
notice of acceptance to the Secretary within the specified 180-
day time period. <<NOTE: Expiration date.>> If the Secretary's
offer is not so accepted within the 180-day period, the offer
shall expire.
(2) Conveyance deadline.--If a <<NOTE: Contracts.>> lessee
accepts the offer to convey the property or a portion thereof in
accordance with paragraph (1), the conveyance shall take place
not later than 2 years after the date of the lessee's written
acceptance, provided that the conveyance date may be extended
for a reasonable period of time by mutual agreement of the
parties, evidenced by a written instrument executed by the
parties prior to the end of the 2-year period. If the lessee's
lease or license term expires before the conveyance is
completed, the Secretary may extend the lease or license term up
to the date of conveyance, provided that the lessee shall be
required to pay for such extended term at the rate in effect at
the time it was declared excess property.

(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
lessee to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out a conveyance under subsection (a), including survey
costs, related to the conveyance. If amounts are collected from
the lessee in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the lessee.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out a conveyance under subsection (a) shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.

(e) Description of Property.-- <<NOTE: Determination. Survey.>> The
exact acreage and legal description of any real property to be conveyed
under subsection (a) shall be determined by a survey satisfactory to the
Secretary.

(f) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with

[[Page 123 STAT. 2690]]

a conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2857. MODIFICATION OF LAND CONVEYANCE, FORMER GRIFFISS AIR
FORCE BASE, NEW YORK.

(a) Additional Conveyance.--Subsection (a)(1) of section 2873 of the
Military Construction Authorization Act for Fiscal Year 2005 (division B
of Public Law 108-375; 118 Stat. 2152) is amended by striking ``two
parcels'' and all that follows through the period at the end and
inserting the following: ``three parcels of real property consisting of
7.897 acres, 1.742 acres, and 5.037 acres, respectively, and containing
all or a portion of the five buildings specified in paragraph (2), which
were vacated, or will be vacated, by the Air Force in conjunction with
its relocation to the Consolidated Intelligence and Reconnaissance
Laboratory and to a replacement Modification and Fabrication Facility at
Air Force Research Laboratory-Rome Research Site, Rome, New York.''.
(b) Description of Property.--Subsection (a)(2) of such section is
amended by adding at the end the following new subparagraph:
``(E) Bay Number 4 in Building 101 (approximately 115,000
square feet).''.

(c) Purpose of Conveyance.--Subsection (a)(3) of such section is
amended by adding before the period at the end the following: ``and to
provide adequate reimbursement, real property, and replacement
facilities for the Air Force Research Laboratory units that are
relocated as a result of the conveyance''.
(d) Consideration.--Subsection (c) of such section is amended--
(1) by striking ``in-kind contribution'' and inserting ``in-
kind consideration (including land and new facilities)''; and
(2) by adding at the end the following new sentence: ``Any
cash payment received by the Secretary under this subsection
shall be deposited in the special account established for the
Secretary under section 2667(e) of title 10, United States Code,
and shall be available to the Secretary for the same uses and
subject to the same limitations as provided in that section.''.
SEC. 2858. LAND CONVEYANCE, ARMY RESERVE CENTER, CHAMBERSBURG,
PENNSYLVANIA.

(a) Conveyance Authorized.--At such time as the Army Reserve vacates
the Army Reserve Center at 721 South Sixth Street, Chambersburg,
Pennsylvania, the Secretary of the Army may convey, without
consideration, to the Chambersburg Area School District (in this section
referred to as the ``School District''), all right, title, and interest
of the United States in and to the Reserve Center for the purpose of
permitting the School District to utilize the property for educational
and educational-support activities.
(b) <<NOTE: Determination.>> Reversionary Interest.--If the
Secretary determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the purpose of the
conveyance, all right, title, and interest in and to such real property,
including any improvements and appurtenant easements thereto, shall, at
the option of the Secretary, revert to and become the property of the
United States, and the United States shall have the right of immediate
entry onto such real property. <<NOTE: Records.>> A determination by

[[Page 123 STAT. 2691]]

the Secretary under this subsection shall be made on the record after an
opportunity for a hearing.

(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
School District to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the School District in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the School District.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.

(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2859. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH
DAKOTA.

(a) Change in Recipient Under Existing Authority.--
(1) In general.--Section 2863(a) of the Military
Construction Act for Fiscal Year 1998 (division B of Public Law
105-85; 111 Stat. 2010), as amended by section 2865(a) of the
Military Construction Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat. 1654A-435), is further
amended by striking ``West River Foundation for Economic and
Community Development, Sturgis, South Dakota (in this section
referred to as the `Foundation')'' and inserting ``South Dakota
Ellsworth Development Authority, Pierre, South Dakota (in this
section referred to as the `Authority')''.
(2) Technical and conforming amendments.--Section 2863 of
the Military Construction Act for Fiscal Year 1998 (division B
of Public Law 105-85; 111 Stat. 2010), as amended by section
2865(b) of the Military Construction Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-
435), is further amended--
(A) by striking ``Foundation'' each place it appears
in subsections (c) and (e) and inserting ``Authority'';
(B) in subsection (b)(1)--
(i) in subparagraph (B), by striking ``137.56
acres'' and inserting ``120.70 acres''; and
(ii) by striking subparagraphs (C), (D), and
(E).

(b) New Conveyance Authority.--

[[Page 123 STAT. 2692]]

(1) Conveyance authorized.--The Secretary of the Air Force
may convey, without consideration, to the South Dakota Ellsworth
Development Authority, Pierre, South Dakota (in this subsection
referred to as the ``Authority''), all right, title, and
interest of the United States in and to the parcels of real
property located at Ellsworth Air Force Base, South Dakota,
referred to in paragraph (2).
(2) Covered property.--The real property referred to in
paragraph (1) is the following:
(A) A parcel of real property, together with any
improvements thereon, consisting of approximately 2.37
acres and comprising the 11000 West Communications
Annex.
(B) A parcel of real property, together with any
improvements thereon, consisting of approximately 6.643
acres and comprising the South Nike Education Annex.
(3) Condition.--As a condition of the conveyance under this
subsection, the Authority, and any person or entity to which the
Authority transfers the property, shall comply in the use of the
property with the applicable provisions of the Ellsworth Air
Force Base Air Installation Compatible Use Zone Study.
(4) <<NOTE: Determination.>> Reversionary interest.--If the
Secretary determines at any time that the real property conveyed
under paragraph (1) is not being used in compliance with the
applicable provisions of the Ellsworth Air Force Base Air
Installation Compatible Use Zone Study, all right, title, and
interest in and to such real property, including any
improvements and appurtenant easements thereto, shall, at the
option of the Secretary, revert to and become the property of
the United States, and the United States shall have the right of
immediate entry onto such real property. <<NOTE: Records.>> A
determination by the Secretary under this paragraph shall be
made on the record after an opportunity for a hearing.
(5) Description of property.--The exact acreage and legal
description of the real property to be conveyed under this
subsection shall be determined by a survey satisfactory to the
Secretary.
(6) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this subsection as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2860. LAND CONVEYANCE, LACKLAND AIR FORCE BASE, TEXAS.

(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to an eligible entity, all right, title, and interest of the
United States to not more than 250 acres of real property and associated
easements and improvements on Lackland Air Force Base, Texas, in
exchange for real property adjacent to or near the installation for the
purpose of relocating and consolidating Air Force tenants located on the
former Kelly Air Force Base, Texas, onto the main portion of Lackland
Air Force Base.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the eligible entity accept the
real property in its condition at the time of the conveyance.

[[Page 123 STAT. 2693]]

(c) Eligible Entities.--A conveyance under this section may be made
to the City of San Antonio, Texas, or an organization or agency
chartered or sponsored by the local or State government.
(d) Consideration.--As consideration for the conveyance under
subsection (a), the eligible entity shall provide the Air Force with
real property or real property improvements, or a combination of both,
of equal value, as determined by the Secretary. If the fair market value
of the real property or real property improvements, or combination
thereof, is less than the fair market value of the real property to be
conveyed by the Air Force, the eligible entity shall provide cash
payment to the Air Force, or provide Lackland Air Force Base with in-
kind consideration of an amount equal to the difference in the fair
market values. Any cash payment received by the Air Force for the
conveyance authorized by subsection (a) shall be deposited in the
special account described in section 2667(e) of title 10, United States
Code, and shall be available to the Secretary for the same uses and
subject to the same limitations as provided in that section.
(e) Payment of Costs of Conveyance.--
(1) In general.--The Secretary may require the eligible
entity to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyances under this section, including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyances. If amounts are
collected from the eligible entity in advance of the Secretary
incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
eligible entity.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyances. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.

(f) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply with,
any environmental law, including the National Environmental Policy Act
(42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(g) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(h) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2861. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA.

(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Virginia Beach, Virginia (in this section

[[Page 123 STAT. 2694]]

referred to as the ``City''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 2.4 acres at Naval Air
Station, Oceana, Virginia, for the purpose of permitting the City to
expand services to support the Marine Animal Care Center.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall provide compensation to the Secretary of
the Navy in an amount equal to the fair market value of the real
property conveyed under such subsection, as determined by appraisals
acceptable to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under this section, including survey costs
related to the conveyance. If amounts are collected from the
City in advance of the Secretary incurring the actual costs, and
the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under this section shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.

(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2862. COMPLETION OF LAND EXCHANGE AND CONSOLIDATION, FORT
LEWIS, WASHINGTON.

Subsection (a)(1) of section 2837 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1315), as amended by section 2852 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2143), is further amended--
(1) <<NOTE: Deadline.>> in the first sentence, by striking
``The Secretary of the Army may transfer'' and inserting ``Not
later than 60 days after the date of the enactment of the
Military Construction Authorization Act for Fiscal Year 2010,
the Secretary of the Army shall transfer''; and
(2) in the second sentence--
(A) by striking ``may make the transfer'' and
inserting ``shall make the transfer''; and
(B) by striking ``may accept'' and inserting ``shall
accept''.

[[Page 123 STAT. 2695]]

SEC. 2863. LAND CONVEYANCE, F.E. WARREN AIR FORCE BASE, CHEYENNE,
WYOMING.

(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the County of Laramie, Wyoming (in this section referred to as
the ``County'') all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon and
appurtenant easements thereto, consisting of approximately 73 acres
along the southeastern boundary of F.E. Warren Air Force Base, Cheyenne,
Wyoming, for the purpose of removing the property from the boundaries of
the installation and permitting the County to preserve the entire
property for healthcare facilities.
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the County shall provide the United States
consideration, whether by cash payment, in-kind consideration as
described under paragraph (2), or a combination thereof, in an
amount that is not less than the fair market value of the
conveyed real property, as determined by the Secretary.
(2) In-kind consideration.--In-kind consideration provided
by the County under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure
relating to the security of F.E. Warren Air Force Base, that the
Secretary considers acceptable.
(3) Relation to other laws.--Sections 2662 and 2802 of title
10, United States Code, shall not apply to any new facilities or
infrastructure received by the United States as in-kind
consideration under paragraph (2).
(4) Notice to congress.--The Secretary shall provide written
notification to the congressional defense committees of the
types and value of consideration provided the United States
under paragraph (1).
(5) Treatment of cash consideration received.--Any cash
payment received by the United States under paragraph (1) shall
be deposited in the special account described in section 2667(e)
of title 10, United States Code, and shall be available in
accordance with paragraph (5)(B)(ii) of such subsection.

(c) Reversionary Interest.--
(1) <<NOTE: Determination.>> In general.--If the Secretary
determines at any time that the County is not using the property
conveyed under subsection (a) in accordance with the purpose of
the conveyance specified in such subsection, all right, title,
and interest in and to the property, including any improvements
thereon, shall revert, at the option of the Secretary, to the
United States, and the United States shall have the right of
immediate entry onto the property. <<NOTE: Records.>> Any
determination of the Secretary under this subsection shall be
made on the record after an opportunity for a hearing.
(2) Release of reversionary interest.--The Secretary shall
release, without consideration, the reversionary interest
retained by the United States under paragraph (1) if--
(A) F.E. Warren Air Force Base, Cheyenne Wyoming, is
no longer being used for Department of Defense
activities; or

[[Page 123 STAT. 2696]]

(B) <<NOTE: Determination.>> the Secretary
determines that the reversionary interest is otherwise
unnecessary to protect the interests of the United
States.

(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a) and implement the
receipt of in-kind consideration under paragraph (b), including
survey costs, appraisal costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance and receipt of in-kind consideration. If amounts are
received from the County in advance of the Secretary incurring
the actual costs, and the amount received exceeds the costs
actually incurred by the Secretary under this section, the
Secretary shall refund the excess amount to the County.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance and implementing the
receipt of in-kind consideration. Amounts so credited shall be
merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.

(e) <<NOTE: Determination. Survey.>> Description of Real Property.--
The exact acreage and legal description of the real property to be
conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary.

(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.

Subtitle F--Other Matters

SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL MONUMENT TO
HONOR UNITED STATES ARMED FORCES WORKING
DOG TEAMS.

Section 2877 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 563; 16 U.S.C. 431 note) is
amended by striking ``National War Dogs Monument, Inc.,'' both places it
appears and inserting ``John Burnam Monument Foundation, Inc.,''.
SEC. 2872. NATIONAL D-DAY MEMORIAL STUDY.

(a) Definitions.--In this section:
(1) Area.--The term ``Area'' means in the National D-Day
Memorial in Bedford, Virginia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.

(b) Study.--
(1) In general.--The Secretary may conduct a study of the
Area to evaluate the national significance of the Area

[[Page 123 STAT. 2697]]

and suitability and feasibility of designating the Area as a
unit of the National Park System.
(2) Criteria.--In conducting the study authorized under
paragraph (1), the Secretary shall use the criteria for the
study of areas for potential inclusion in the National Park
System in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(3) Contents.--The study authorized under paragraph (1)
shall--
(A) determine the suitability and feasibility of
designating the Area as a unit of the National Park
System;
(B) include cost estimates for any necessary
acquisition, development, operation, and maintenance of
the Area; and
(C) identify alternatives for the management,
administration, and protection of the Area.

(c) <<NOTE: Applicability.>> Report.--Section 8(c) of Public Law 91-
383 (16 U.S.C. 1a-5(c)) shall apply to the conduct of the study
authorized under this section, except that the study shall be submitted
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate not
later than 3 years after the date on which funds are first made
available for the study.
SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERATIVE SECURITY
LOCATION IN PALANQUERO, COLOMBIA.

(a) Congressional Notification of Agreement.-- <<NOTE: Time
period. Certification.>> None of the amounts authorized to be
appropriated by this division or otherwise made available for military
construction for fiscal year 2010 may be obligated to commence
construction of a Cooperative Security Location at the German Olano
Moreno Airbase (the Palanquero AB Development Project) in Palanquero,
Colombia, until at least 15 days after the date on which the Secretary
of Defense certifies to the congressional defense committees that an
agreement has been entered into with the Government of Colombia to allow
access to and use of its facilities at the German Olano Moreno Airbase
for the duration of the agreement to carry out mutually agreed-upon
activities.

(b) Prohibition on Permanent United States Military Installation.--
The agreement referred to in subsection (a) may not provide for or
authorize the establishment of a United States military installation or
base for the permanent stationing of United States Armed Forces in
Colombia.
SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS
MOUNTAIN WARFARE TRAINING CENTER.

Section 1806 of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1059; 16 U.S.C. 460vvv) is amended by
adding at the end the following new subsection:
``(g) Military Activities at United States Marine Corps Mountain
Warfare Training Center.--The designation of the Bridgeport Winter
Recreation Area by this section is not intended to restrict or preclude
the activities conducted by the United States Armed Forces at the United
States Marine Corps Mountain Warfare Training Center.''.

[[Page 123 STAT. 2698]]

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
AUTHORIZATIONS

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

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

Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Airborne....................................... $7,800,000
Altimur........................................ $7,750,000
Asadabad....................................... $5,500,000
Bagram Air Base................................ $132,850,000
Camp Joyce..................................... $7,700,000
Camp Kabul..................................... $137,000,000
Camp Kandahar.................................. $132,500,000
Camp Salerno................................... $50,200,000
Forward Operating Base Blessing................ $5,600,000
Forward Operating Base Bostick................. $5,500,000
Forward Operating Base Dwyer................... $19,300,000
Forward Operating Base Ghazni.................. $5,500,000
Forward Operating Base Shank................... $19,700,000
Forward Operating Base Sharana................. $60,800,000
Frontenac...................................... $2,200,000
Jalalabad Airfield............................. $41,400,000
Maywand........................................ $7,800,000
Methar-Lam..................................... $4,150,000
Provincial Reconstruction Team Gardez.......... $36,200,000
Provincial Reconstruction Team Tarin Kowt...... $55,800,000
Tombstone/Bastion.............................. $71,800,000
Wolverine...................................... $17,050,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2009, for
military construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount of
$924,484,000 as follows:
(1) For military construction projects outside the United
States authorized by subsection (a), $834,100,000.
(2) For unspecified minor military construction projects
under section 2805 of title 10, United States Code, $20,100,000.

[[Page 123 STAT. 2699]]

(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $70,284,000.
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

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

Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram Air Base................................ $29,100,000
Camp Kandahar.................................. $234,600,000
Forward Operating Base Dwyer................... $4,900,000
Forward Operating Base Shank................... $4,900,000
Provincial Reconstruction Team Tarin Kowt...... $4,900,000
Tombstone/Bastion.............................. $156,200,000
Wolverine...................................... $4,900,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2009, for
military construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total amount of
$474,500,000, as follows:
(1) For military construction projects outside the United
States authorized by subsection (a), $439,500,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $35,000,000.
SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILITIES FOR OFFICE OF
DEFENSE REPRESENTATIVE-PAKISTAN.

(a) Use of Funds Authorized.--
(1) In general.--Of the amounts authorized to be
appropriated by this title, the Secretary of Defense may use not
more than $10,000,000 to plan, design, and construct facilities
on the United States Embassy Compound in Islamabad, Pakistan, in
support of the Office of the Defense Representative-Pakistan (in
this section referred to as the ``ODRP'').
(2) Notice and wait.-- <<NOTE: Time period. Reports.>> The
Secretary may not obligate funds made available pursuant to
paragraph (1) until the end of the 14-day period beginning on
the date on which the Secretary submits to the appropriate
congressional committees a report containing notice of the
proposed obligation of the funds and addressing the items
specified in subsection (b)(2).

(b) Additional Reporting Requirements.--
(1) In general.--Not later than 90 days after the submission
of the notice under subsection (a)(2), and every 180 days

[[Page 123 STAT. 2700]]

thereafter, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the number of
personnel and activities of the ODRP.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A detailed accounting of the number of personnel
permanently assigned or on temporary duty in the ODRP.
(B) A description of the mission of those personnel
assigned on a temporary or permanent basis to the ODRP.
(C) A projection of space requirements for the ODRP.
(3) Termination.--The requirement to submit a report under
paragraph (1) terminates on the date occurring two years after
the date on which the first report under such paragraph is
submitted.

(c) Form.--A report under this section may be submitted in a
classified form.
(d) Appropriate Congressional Committees.--For the purposes of this
section, the appropriate congressional committees are the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of
Representatives.
(3) The Committee on Foreign Relations of the Senate.

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

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Stockpile stewardship program.
Sec. 3112. Report on stockpile stewardship criteria and assessment of
stockpile stewardship program.
Sec. 3113. Stockpile management program.
Sec. 3114. Dual validation of annual weapons assessment and
certification.
Sec. 3115. Elimination of nuclear weapons life extension program from
exception to requirement to request funds in budget of the
President.
Sec. 3116. Long-term plan for the modernization and refurbishment of the
nuclear security complex.
Sec. 3117. Repeal of prohibition on funding activities associated with
international cooperative stockpile stewardship.
Sec. 3118. Modification of minor construction threshold for plant
projects.
Sec. 3119. Two-year extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3120. National Nuclear Security Administration authority for urgent
nonproliferation activities.
Sec. 3121. Repeal of sunset date for consolidation of
counterintelligence programs of Department of Energy and
National Nuclear Security Administration.

Subtitle C--Reports

Sec. 3131. National Academy of Sciences review of national security
laboratories.

[[Page 123 STAT. 2701]]

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

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2010 for the
activities of the National Nuclear Security Administration in carrying
out programs necessary for national security in the amount of
$10,033,477,000, to be allocated as follows:
(1) For weapons activities, $6,433,131,000.
(2) For defense nuclear nonproliferation activities,
$2,176,459,000.
(3) For naval reactors, $1,003,133,000.
(4) For the Office of the Administrator for Nuclear
Security, $420,754,000.

(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant project:
Project 10-D-501, nuclear facilities risk reduction,
Y-12 National Security Complex, Oak Ridge, Tennessee,
$12,500,000.
(2) For safeguards and security, the following new plant
project:
Project 10-D-701, security improvement project, Y-12
National Security Complex, Oak Ridge, Tennessee,
$49,000,000.
(3) For naval reactors, the following new plant projects:
Project 10-D-903, KAPL security upgrades,
Schenectady, New York, $1,500,000.
Project 10-D-904, Naval Reactors Facility
infrastructure upgrades, Naval Reactors Facility, Idaho,
$700,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for defense environmental cleanup activities
in carrying out programs necessary for national security in the amount
of $5,495,831,000.

[[Page 123 STAT. 2702]]

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for other defense activities in carrying out
programs necessary for national security in the amount of $852,468,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$98,400,000.
SEC. 3105. ENERGY SECURITY AND ASSURANCE.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for energy security and assurance programs
necessary for national security in the amount of $6,188,000.
SEC. 3106. RELATION TO FUNDING TABLES.

The amounts authorized to be appropriated by sections 3101, 3102,
3103, 3104, and 3105 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 4601.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM.

(a) In General.--Subsection (a) of section 4201 of the Atomic Energy
Defense Act (division D of Public Law 107-314; 50 U.S.C. 2521) is
amended to read as follows:
``(a) Establishment.--The Secretary of Energy, acting through the
Administrator for Nuclear Security, shall establish a stewardship
program to ensure--
``(1) the preservation of the core intellectual and
technical competencies of the United States in nuclear weapons,
including weapons design, system integration, manufacturing,
security, use control, reliability assessment, and
certification; and
``(2) that the nuclear weapons stockpile is safe, secure,
and reliable without the use of underground nuclear weapons
testing.''.

(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``detonation'' and
inserting ``performance over time''; and
(2) by adding at the end the following new paragraphs:
``(4) Support for the use of, and experiments facilitated
by, the advanced experimental facilities of the United States,
including--
``(A) the National Ignition Facility at Lawrence
Livermore National Laboratory;
``(B) the Dual Axis Radiographic Hydrodynamic Test
Facility at Los Alamos National Laboratory;
``(C) the Z Machine at Sandia National Laboratories;
and

[[Page 123 STAT. 2703]]

``(D) the experimental facilities at the Nevada test
site.
``(5) Support for the sustainment and modernization of
facilities with production and manufacturing capabilities that
are necessary to ensure the safety, security, and reliability of
the nuclear weapons stockpile, including--
``(A) the Pantex Plant;
``(B) the Y-12 National Security Complex;
``(C) the Kansas City Plant;
``(D) the Savannah River Site; and
``(E) production and manufacturing capabilities
resident in the national security laboratories (as
defined in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)).''.

(c) Prior Authorization of Appropriations for Fiscal Year 1994.--
Such section is further amended by striking subsection (c).
SEC. 3112. REPORT ON STOCKPILE STEWARDSHIP CRITERIA AND ASSESSMENT
OF STOCKPILE STEWARDSHIP PROGRAM.

(a) In General.--Subsection (c) of section 4202 of the Atomic Energy
Defense Act (division D of Public Law 107-314; 50 U.S.C. 2522) is
amended to read as follows:
``(c) Report.--(1) In each odd-numbered year, beginning in 2011, the
Secretary of Energy shall include in the stockpile stewardship plan
required by section 4203 a report containing the following elements:
``(A) A description of the information needed to determine
that the nuclear weapons stockpile is safe and reliable and the
relationship of the science-based tools to the collection of
that information.
``(B) A description of any updates to the criteria
established under subsection (a) during--
``(i) the previous two years; or
``(ii) <<NOTE: Time period.>> with respect to the
report in 2011, the period beginning on the date of the
submission of the report under section 3133 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1751; 50 U.S.C. 2523
note) and ending on the date of the submission of the
2011 stockpile stewardship plan required by section
4203.
``(C) For each science-based tool to collect information
needed to determine that the nuclear weapons stockpile is safe,
secure, and reliable that is developed or modified by the
Department of Energy during the relevant period described in
subparagraph (B)--
``(i) a description of the relationship of the
science-based tool to the collection of such
information; and
``(ii) a description of criteria for assessing the
effectiveness of the science-based tool in collecting
such information.
``(D) An assessment described in paragraph (2).

``(2) An assessment described in this paragraph is an assessment of
the stockpile stewardship program conducted by the Administrator for
Nuclear Security in consultation with the directors of the national
security laboratories. Such assessment shall set forth the following:
``(A) An identification and description of--
``(i) any key technical challenges to the stockpile
stewardship program; and

[[Page 123 STAT. 2704]]

``(ii) the strategies to address such challenges
without the use of nuclear testing.
``(B) A strategy for using the science-based tools
(including advanced simulation and computing capabilities) of
each national security laboratory to ensure that the nuclear
weapons stockpile is safe, secure, and reliable without the use
of nuclear testing.
``(C) An assessment of the science-based tools (including
advanced simulation and computing capabilities) of each national
security laboratory that exist at the time of the assessment
compared with the science-based tools expected to exist during
the period covered by the future-years nuclear security program.
``(D) An assessment of the core scientific and technical
competencies required to achieve the objectives of the stockpile
stewardship program and other weapons activities and weapons-
related activities of the Department of Energy, including--
``(i) the number of scientists, engineers, and
technicians, by discipline, required to maintain such
competencies; and
``(ii) a description of any shortage of such
individuals that exists at the time of the assessment
compared with any shortage expected to exist during the
period covered by the future-years nuclear security
program.''.

(b) Definitions.--Such section is further amended by adding at the
end the following subsection:
``(d) Definitions.--In this section:
``(1) The term `future-years nuclear security program' means
the program required by section 3253 of the National Nuclear
Security Administration Act (50 U.S.C. 2453).
``(2) The term `national security laboratory' has the
meaning given such term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471).
``(3) The term `weapons activities' means each activity
within the budget category of weapons activities in the budget
of the National Nuclear Security Administration.
``(4) The term `weapons-related activities' means each
activity under the Department of Energy that involves nuclear
weapons, nuclear weapons technology, or fissile or radioactive
materials, including activities related to--
``(A) nuclear nonproliferation;
``(B) nuclear forensics;
``(C) nuclear intelligence;
``(D) nuclear safety; and
``(E) nuclear incident response.''.
SEC. 3113. STOCKPILE MANAGEMENT PROGRAM.

(a) In General.--The Atomic Energy Defense Act (division D of Public
Law 107-314; 50 U.S.C. 2501 et seq.) is amended--
(1) <<NOTE: Repeal.>> by repealing section 4204A (50 U.S.C.
2524a); and
(2) by amending section 4204 (50 U.S.C. 2524) to read as
follows:
``SEC. 4204. STOCKPILE MANAGEMENT PROGRAM.

``(a) Program Required.--The Secretary of Energy, acting through the
Administrator for Nuclear Security and in consultation with the
Secretary of Defense, shall carry out a program, in support

[[Page 123 STAT. 2705]]

of the stockpile stewardship program, to provide for the effective
management of the weapons in the nuclear weapons stockpile, including
the extension of the effective life of such weapons. The program shall
have the following objectives:
``(1) To increase the reliability, safety, and security of
the nuclear weapons stockpile of the United States.
``(2) To further reduce the likelihood of the resumption of
underground nuclear weapons testing.
``(3) To achieve reductions in the future size of the
nuclear weapons stockpile.
``(4) To reduce the risk of an accidental detonation of an
element of the stockpile.
``(5) To reduce the risk of an element of the stockpile
being used by a person or entity hostile to the United States,
its vital interests, or its allies.

``(b) Program Limitations.--In carrying out the stockpile management
program under subsection (a), the Secretary of Energy shall ensure
that--
``(1) any changes made to the stockpile shall be made to
achieve the objectives identified in subsection (a); and
``(2) any such changes made to the stockpile shall--
``(A) remain consistent with basic design parameters
by including, to the maximum extent feasible, components
that are well understood or are certifiable without the
need to resume underground nuclear weapons testing; and
``(B) use the design, certification, and production
expertise resident in the nuclear complex to fulfill
current mission requirements of the existing stockpile.

``(c) Program Plan.--In carrying out the stockpile management
program under subsection (a), the Secretary of Energy shall develop a
long-term plan to extend the effective life of the weapons in the
nuclear weapons stockpile without the use of nuclear weapons testing.
The plan shall include the following:
``(1) Mechanisms to provide for the manufacture,
maintenance, and modernization of each weapon design in the
nuclear stockpile, as needed.
``(2) Mechanisms to expedite the collection of information
necessary for carrying out the program, including information
relating to the aging of materials and components, new
manufacturing techniques, and the replacement or substitution of
materials.
``(3) Mechanisms to ensure the appropriate assignment of
roles and missions for each nuclear weapons laboratory and
production plant of the Department of Energy, including
mechanisms for allocation of workload, mechanisms to ensure the
carrying out of appropriate modernization activities, and
mechanisms to ensure the retention of skilled personnel.
``(4) Mechanisms to ensure that each national laboratory of
the National Nuclear Security Administration has full and
complete access to all weapons data to enable a rigorous peer
review process to support the annual assessment of the condition
of the nuclear weapons stockpile required under section 4205.
``(5) Mechanisms for allocating funds for activities under
the program, including allocations of funds by weapon type and
facility.

[[Page 123 STAT. 2706]]

``(6) An identification of the funds needed, in the fiscal
year in which the plan is developed and in each of the following
five fiscal years, to carry out the program.

``(d) Annual Updates.--The Secretary of Energy shall annually update
the plan required under subsection (c) and shall submit the updated plan
to Congress as part of the stockpile stewardship plan required by
section 4203(c).
``(e) Program Budget.--In accordance with the requirements under
section 4209, for each budget submitted by the President to Congress
under section 1105 of title 31, United States Code, the amounts
requested for the program under this section shall be clearly identified
in the budget justification materials submitted to Congress in support
of that budget.''.
(b) Clerical Amendment.--The table of contents in section 4001(b) of
such Act (division D of Public Law 107-314) is amended by striking the
items relating to sections 4204 and 4204A and inserting the following
new item:

``Sec. 4204. Stockpile management program.''.

SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS ASSESSMENT AND
CERTIFICATION.

(a) Dual Validation.--
(1) Plan.-- <<NOTE: Deadline.>> Not later than March 1,
2010, the Administrator for Nuclear Security shall submit to the
congressional defense committees a plan (including a schedule)
to carry out subsection (c) of section 4205 of the Atomic Energy
Defense Act (division D of Public Law 107-314; 50 U.S.C. 2525),
as added by paragraph (2) of this subsection.
(2) Dual validation.--Section 4205 of the Atomic Energy
Defense Act (division D of Public Law 107-314; 50 U.S.C. 2525)
is amended--
(A) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively; and
(B) by inserting after subsection (b) the following
new subsection (c):

``(c) Dual Validation Teams in Support of Assessments.--In support
of the assessments required by subsection (a), the Administrator for
Nuclear Security may establish teams, known as `dual validation teams',
to provide each national security laboratory responsible for weapons
design with independent evaluations of the condition of each warhead for
which such laboratory has lead responsibility. A dual validation team
established by the Administrator shall--
``(1) be comprised of weapons experts from the laboratory
that does not have lead responsibility for fielding the warhead
being evaluated;
``(2) have access to all surveillance and underground test
data for all stockpile systems for use in the independent
evaluations;
``(3) use all relevant available data to conduct independent
calculations; and
``(4) pursue independent experiments to support the
independent evaluations.''.

(b) Red Team Reviews.--Subsection (d)(1) of such section, as
redesignated by subsection (a)(2)(A) of this section, is amended--
(1) by inserting ``both'' after ``review''; and

[[Page 123 STAT. 2707]]

(2) by inserting after ``that laboratory'' the following:
``and any independent evaluations conducted by a dual validation
team under subsection (c)''.

(c) Summary.--Subsection (e)(3) of such section, as redesignated by
subsection (a)(2)(A) of this section, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a concise summary of the results of any
independent evaluation conducted by a dual validation
team under subsection (c).''.

(d) Conforming Amendments.--Such section is further amended--
(1) in paragraph (3)(C) of subsection (e), as redesignated
by subsection (a)(2)(A) of this section, by striking
``subsection (c)'' and inserting ``subsection (d)'';
(2) in paragraph (1)(A) of subsection (f), as redesignated
by subsection (a)(2)(A) of this section, by striking
``subsection (d)'' and inserting ``subsection (e)'';
(3) in subsection (g), as redesignated by subsection
(a)(2)(A) of this section, by striking ``subsection (e)'' and
inserting ``subsection (f)''; and
(4) in subsection (i), as redesignated by subsection
(a)(2)(A) of this section--
(A) in paragraph (1), by striking ``subsection (d)''
and inserting ``subsection (e)''; and
(B) in paragraph (2), by striking ``subsection (e)''
and inserting ``subsection (f)''.
SEC. 3115. ELIMINATION OF NUCLEAR WEAPONS LIFE EXTENSION PROGRAM
FROM EXCEPTION TO REQUIREMENT TO REQUEST
FUNDS IN BUDGET OF THE PRESIDENT.

Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is
amended--
(1) in subsection (c), by striking ``necessary--'' and all
that follows through the period and inserting ``necessary to
address proliferation concerns.''; and
(2) in subsection (d)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
SEC. 3116. LONG-TERM PLAN FOR THE MODERNIZATION AND REFURBISHMENT
OF THE NUCLEAR SECURITY COMPLEX.

(a) In General.--Subtitle D of the National Nuclear Security
Administration Act (50 U.S.C. 2451 et seq.) is amended by adding at the
end the following new section:
``SEC. 3255. <<NOTE: 50 USC 2455.>> BIENNIAL PLAN AND BUDGET
ASSESSMENT ON THE MODERNIZATION AND
REFURBISHMENT OF THE NUCLEAR SECURITY
COMPLEX.

``(a) Nuclear Security Complex Modernization and Refurbishment Plan
and Assessment.--The Administrator for Nuclear Security shall include
with the nuclear security budget materials submitted for each odd-
numbered fiscal year--

[[Page 123 STAT. 2708]]

``(1) the plan for the modernization and refurbishment of
the nuclear security complex described under subsection (b); and
``(2) an assessment by the Administrator of whether both the
budget for such fiscal year and the future-years nuclear
security program submitted to Congress in relation to such
budget under section 3253 provide for funding of the nuclear
security complex at a level that is sufficient for the
modernization and refurbishment of the nuclear security complex
in accordance with the plan described under subsection (b).

``(b) Plan Elements.--(1) The plan required under subsection (a)(1)
shall be designed so that the nuclear security complex is capable of
supporting--
``(A) the national security strategy of the United States,
as set forth in the most recent national security strategy
report of the President under section 108 of the National
Security Act of 1947 (50 U.S.C. 404a), except that, if at the
time such plan is submitted with the nuclear security budget
materials a national security strategy report required under
such section 108 has not been submitted to Congress, then such
plan shall be designed so that the modernization and
refurbishment of the nuclear security complex provided for under
such plan is capable of supporting the nuclear security complex
recommended in the report of the most recent Quadrennial Defense
Review; and
``(B) the nuclear posture of the United States as set forth
in the most recent Nuclear Posture Review.

``(2) The plan required under subsection (a)(1) shall include the
following:
``(A) A description of the modernization and refurbishment
measures the Administrator determines necessary to meet the
requirements of the national security strategy of the United
States or the most recent Quadrennial Defense Review, whichever
is applicable under paragraph (1)(A), and the Nuclear Posture
Review.
``(B) A schedule for implementing those measures determined
necessary under subparagraph (A) during the 10 years following
the date of the plan.
``(C) The estimated levels of annual funds the Administrator
determines necessary to carry out the program, including a
discussion of the criteria, evidence, and strategies on which
such estimated levels of annual funds are based.

``(c) Budget Assessment.--If the Administrator determines a budget
request is insufficient for the modernization and refurbishment of the
nuclear security complex provided for in the plan required under
subsection (a)(1), the Administrator shall include with the nuclear
security budget materials for such fiscal year a further assessment that
describes and discusses the risks and implications associated with the
ability of the nuclear security complex to support the annual
certification of the nuclear stockpile of the United States and maintain
its long-term safety, security, and reliability. Such assessment shall
be coordinated in advance with the Secretary of Defense and the
Commander of the United States Strategic Command.
``(d) Definitions.--In this section:
``(1) The term `nuclear security complex' means the physical
facilities, technology, and human capital of--

[[Page 123 STAT. 2709]]

``(A) the national security laboratories;
``(B) the Pantex Plant;
``(C) the Y-12 National Security Complex;
``(D) the Kansas City Plant;
``(E) the Savannah River Site; and
``(F) the Nevada test site.
``(2) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31,
United States Code.
``(3) The term `nuclear security budget materials', with
respect to a fiscal year, means the materials submitted to
Congress by the Administrator for Nuclear Security in support of
the budget for that fiscal year.
``(4) The term `Quadrennial Defense Review' means the review
of the defense programs and policies of the United States that
is carried out every four years under section 118 of title 10,
United States Code.''.

(b) Clerical Amendment.--The table of contents at the beginning of
the National Nuclear Security Administration Act is amended by inserting
after the item relating to section 3254 the following new item:

``3255. Biennial plan and budget assessment on the modernization and
refurbishment of the nuclear security complex.''.

SEC. 3117. REPEAL OF PROHIBITION ON FUNDING ACTIVITIES ASSOCIATED
WITH INTERNATIONAL COOPERATIVE STOCKPILE
STEWARDSHIP.

(a) In General.--Section 4301 of the Atomic Energy Defense Act (50
U.S.C. 2561) is repealed.
(b) Clerical Amendment.--The table of contents for that Act is
amended by striking the item relating to section 4301.
SEC. 3118. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.

(a) Increase.--Paragraph (3) of section 4701 of the Atomic Energy
Defense Act (50 U.S.C. 2741(3)) is amended by striking ``$5,000,000''
and inserting ``$10,000,000''.
(b) <<NOTE: 50 USC 2741 and note.>> Sunset.--Effective September 30,
2010, such paragraph, as amended by subsection (a), is amended by
striking ``$10,000,000'' and inserting ``$5,000,000''.

(c) Notification.--Notwithstanding section 4703 of such Act (50
U.S.C. 2743), in carrying out construction projects during fiscal year
2010, the Secretary of Energy may not start a general plant project with
a total estimated cost of more than $5,000,000 until--
(1) the Secretary notifies the congressional defense
committees of such project and total estimated cost; and
(2) <<NOTE: Time period.>> a period of 15 days has elapsed
after the date on which such notification is received.
SEC. 3119. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF
CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2009'' and inserting
``September 30, 2011''.

[[Page 123 STAT. 2710]]

SEC. 3120. <<NOTE: 50 USC 2455a.>> NATIONAL NUCLEAR SECURITY
ADMINISTRATION AUTHORITY FOR URGENT
NONPROLIFERATION ACTIVITIES.

(a) In General.--Subject to the notification requirement under
subsection (b), not more than 10 percent of the total amounts
appropriated or otherwise made available in any fiscal year for the
nonproliferation programs of the Department of Energy National Nuclear
Security Administration may be expended, notwithstanding any other law,
for activities described under subsection (b)(1)(B).
(b) Determination and Notice.--
(1) Determination.--The Secretary of Energy, with the
concurrence of the Secretary of State and the Secretary of
Defense, may make a written determination that--
(A) threats arising from the proliferation of
nuclear or radiological weapons or weapons-related
materials, technologies, and expertise must be addressed
urgently;
(B) certain provisions of law would unnecessarily
impede the Secretary's ability to carry out
nonproliferation activities of the National Nuclear
Security Administration to address such threats; and
(C) it is necessary to expend amounts described in
subsection (a) to carry out such activities.
(2) <<NOTE: Deadline.>> Notice required.--Not later than 15
days before obligating or expending funds under the authority
provided in subsection (a), the Secretary of Energy shall notify
the appropriate congressional committees of the determination
made under paragraph (1). The notice shall include--
(A) the determination;
(B) the activities to be undertaken by the
nonproliferation programs of the National Nuclear
Security Administration;
(C) the expected time frame for such activities; and
(D) the expected costs of such activities.

(c) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
SEC. 3121. REPEAL OF SUNSET DATE FOR CONSOLIDATION OF
COUNTERINTELLIGENCE PROGRAMS OF
DEPARTMENT OF ENERGY AND NATIONAL
NUCLEAR SECURITY ADMINISTRATION.

Subsection (a) of section 3117 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2507; 42 U.S.C. 7144b note) is amended to read as follows:
``(a) <<NOTE: Government organization.>> Transfer of Functions.--The
functions, personnel, funds, assets, and other resources of the Office
of Defense Nuclear Counterintelligence of the National Nuclear Security
Administration are transferred to the Secretary of Energy, to be
administered (except to any extent otherwise directed by the Secretary)
by the Director of the Office of Counterintelligence of the Department
of Energy.''.

[[Page 123 STAT. 2711]]

Subtitle C--Reports

SEC. 3131. NATIONAL ACADEMY OF SCIENCES REVIEW OF NATIONAL
SECURITY LABORATORIES.

(a) In General.-- <<NOTE: Contracts. Study.>> Not later than 60 days
after the date of the enactment of this Act, the Secretary of Energy
shall enter into an agreement with the National Academy of Sciences to
conduct a study of the following laboratories:
(1) The Lawrence Livermore National Laboratory, California.
(2) The Los Alamos National Laboratory, New Mexico.
(3) The Sandia National Laboratories, California and New
Mexico.

(b) Elements.--The study required under subsection (a) shall
include, with respect to each laboratory specified in such subsection,
an evaluation of the following:
(1) The quality of the scientific research being conducted
at the laboratory, including research with respect to weapons
science, nonproliferation, energy, and basic science.
(2) The quality of the engineering being conducted at the
laboratory.
(3) The criteria used to assess the quality of scientific
research and engineering being conducted at the laboratory.
(4) The relationship between the quality of the science and
engineering at the laboratory and the contract for managing and
operating the laboratory.
(5) The management of work conducted by the laboratory for
entities other than the Department of Energy, including academic
institutions and other Federal agencies, and interactions
between the laboratory and such entities.

(c) Cooperation.-- <<NOTE: Consultation.>> The Secretary of Energy
shall, in consultation with the Secretary of Defense and the Director of
National Intelligence, ensure that the National Academy of Sciences
receives full and timely cooperation from the Department of Energy, 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))) in conducting the study required under subsection (a).

(d) Report.--The National Academy of Sciences shall submit to the
Secretary of Energy a report containing the results of the study and any
recommendations resulting from the study.
(e) Submittal to Congress.--
(1) In general.--Not later than January 1, 2011, the
Secretary of Energy shall submit to the appropriate
congressional committees the report submitted under subsection
(d) and any comments or recommendations of the Secretary with
respect to that report.
(2) Form.--The report shall be submitted to the appropriate
congressional committees in unclassified form, but may include a
classified annex.

(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services, the Committee on Energy
and Commerce, and the Committee on Science and Technology of the
House of Representatives.

[[Page 123 STAT. 2712]]

(2) The Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate.
SEC. 3132. PLAN TO ENSURE CAPABILITY TO MONITOR, ANALYZE, AND
EVALUATE FOREIGN NUCLEAR WEAPONS
ACTIVITIES.

(a) Plan.--The Secretary of Energy, in consultation with the
Director of National Intelligence and the Secretary of Defense, shall
prepare a plan to ensure that the national laboratories overseen by the
Department of Energy maintain a robust technical capability to monitor,
analyze, and evaluate foreign nuclear weapons activities.
(b) Report.--Not later than February 28, 2010, the Secretary of
Energy shall submit to the appropriate congressional committees a report
describing the plan required under subsection (a) and the resources
necessary to implement the plan. The report shall be in unclassified
form, but may include a classified annex.
(c) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate.
SEC. 3133. COMPTROLLER GENERAL STUDY OF STOCKPILE STEWARDSHIP
PROGRAM.

(a) In General.--The Comptroller General of the United States shall
conduct a study of the stockpile stewardship program established under
section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) to
determine if the program was functioning, as of December 2008, as
envisioned when the program was established.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of whether the capabilities determined to
be necessary to maintain the nuclear weapons stockpile without
the use of nuclear testing have been implemented and the extent
to which such capabilities are functioning.
(2) A review and description of the agreements governing
use, management, and support of the capabilities developed for
the stockpile stewardship program and an assessment of
enforcement of, and compliance with, those agreements.
(3) An assessment of plans for surveillance and testing of
nuclear weapons in the stockpile and the extent of the
compliance with such plans.
(4) An assessment of--
(A) the condition of the infrastructure at the
plants and laboratories of the nuclear weapons complex;
(B) the value of nuclear weapons facilities built
after 1992;
(C) any plans that are in place to maintain,
improve, or replace such infrastructure;
(D) whether there is a validated requirement for all
planned infrastructure replacement projects; and
(E) the projected costs for each such project and
the time line for completion of each such project.

[[Page 123 STAT. 2713]]

(5) An assessment of the efforts to ensure and maintain the
intellectual and technical capability of the nuclear weapons
complex to support the nuclear weapons stockpile.
(6) Recommendations for the stockpile stewardship program
going forward.

(c) Report.--Not later than 270 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 study required
by subsection (a).
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.

(a) In General.--The Comptroller General of the United States shall
conduct a series of three reviews, as described in subsections (b), (c),
and (d), of projects carried out by the Office of Environmental
Management of the Department of Energy (in this section referred to as
the ``Office'') using American Recovery and Reinvestment Act funds.
(b) Phase One Review.--
(1) In general.-- <<NOTE: Effective date.>> Beginning on the
date of the enactment of this Act, the Comptroller General shall
conduct a review of the following:
(A) The criteria used by the Office to select
projects to be carried out using American Recovery and
Reinvestment Act funds.
(B) The extent to which lessons learned during
previous accelerations of defense environmental cleanup
efforts were used in the development of such criteria.
(C) The process used by the Office to estimate costs
and develop schedules for such projects.
(D) The process used by the Office for the
independent validation of the scope, cost, and schedule
for such projects.
(E) The criteria and methodology used by the Office
to measure the contribution of each such project toward
reducing the overall costs, and meeting the goals, of
defense environmental cleanup.
(2) Report.--Not later than 30 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 conducted under paragraph (1).

(c) Phase Two Review.--
(1) In general.--The Comptroller General shall conduct a
review, during the period described in paragraph (2), of the
following:
(A) The implementation of each project carried out
using American Recovery and Reinvestment Act funds.
(B) The extent to which each such project is meeting
the cost and scheduling goals of the project.
(C) The number of jobs created or maintained through
such projects.
(D) The adequacy of contract oversight for such
projects.
(E) Any program management, implementation or
technical problems, or other problems in connection with
such

[[Page 123 STAT. 2714]]

projects that are identified by the Comptroller General
in the course of the review.
(F) Any management and implementation issues or
actions, or other systemic issues, identified by the
Comptroller General in the course of the review that
either hinder or assist the effective management of
defense environmental cleanup efforts.
(2) Period described.--The period described in this
paragraph is the period--
(A) beginning on the date on which the Comptroller
General submits the report required under subsection
(b)(2); and
(B) ending on the later of--
(i) the date on which all projects carried out
using American Recovery and Reinvestment Act funds
have been completed; or
(ii) the date on which all American Recovery
and Reinvestment Act funds have been obligated or
expended or are no longer available to be
obligated or expended.
(3) Reports.--The Comptroller General shall submit to the
congressional defense committees a report on the status of the
review conducted under paragraph (1) not later than 30 days
after submitting the report required under subsection (b)(2) and
every 120 days thereafter until the end of the period described
in paragraph (2).

(d) Phase Three Review.--
(1) In general.-- <<NOTE: Effective date.>> Beginning on the
date on which the Comptroller General submits the last report
required under subsection (c)(3), the Comptroller General shall
conduct a review of the following:
(A) The implementation of all projects carried out
using American Recovery and Reinvestment Act funds,
including the number of such projects--
(i) that were completed;
(ii) that were not completed;
(iii) that were completed on budget;
(iv) that exceeded the budget for such
project;
(v) that were completed on schedule; and
(vi) that exceeded the scheduling goals for
such project.
(B) The impact on employment as a result of the
completion of such projects.
(C) Any lessons learned as a result of accelerating
such projects.
(D) The extent to which the achievement of the
overall goals of defense environmental cleanup were
accelerated, and the overall costs of defense
environmental cleanup were reduced, as a result of such
projects.
(E) Any other issues the Comptroller General
considers appropriate with respect to such projects.
(2) Report.--Not later than 90 days after submitting the
last report required under subsection (c)(3), the Comptroller
General shall submit to the congressional defense committees a
report containing the results of the review conducted under
paragraph (1).

[[Page 123 STAT. 2715]]

(e) American Recovery and Reinvestment Act Funds Defined.--In this
section, the term ``American Recovery and Reinvestment Act funds'' means
funds made available for the Office of Environmental Management under
the heading ``Defense Environmental Cleanup'' under the heading
``ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES'' under the heading
``DEPARTMENT OF ENERGY'' under title IV of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 140).

Subtitle D--Other Matters

SEC. 3141. <<NOTE: 50 USC 2451 note.>> TEN-YEAR PLAN FOR USE AND
FUNDING OF CERTAIN DEPARTMENT OF ENERGY
FACILITIES.

(a) In General.--The Administrator for Nuclear Security and the
Under Secretary for Science of the Department of Energy shall jointly
develop a plan to use and fund, over a ten-year period, the following
facilities of the Department of Energy:
(1) The National Ignition Facility at the Lawrence Livermore
National Laboratory, California.
(2) The Los Alamos Neutron Science Center at the Los Alamos
National Laboratory, New Mexico.
(3) The Z Machine at the Sandia National Laboratories, New
Mexico.
(4) The Microsystems and Engineering Sciences Application
Facility at the Sandia National Laboratories, New Mexico.

(b) Submittal of Plan.-- <<NOTE: Deadline.>> Not later than 45 days
after the date of the enactment of this Act, the Administrator for
Nuclear Security and the Under Secretary for Science of the Department
of Energy shall submit to the appropriate congressional committees the
plan required by subsection (a).

(c) Requirement to Specify Source of Facility Funding in Budget
Requests.--In any budget request for the Department of Energy for a
fiscal year that is submitted to Congress after the date of the
enactment of this Act, the Secretary of Energy shall identify for that
fiscal year the portion of the funding for each facility specified in
subsection (a) that is to be provided by the National Nuclear Security
Administration and by the Office of Science of the Department of Energy.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Science and Technology of
the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Energy and Natural
Resources of the Senate.
SEC. 3142. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM.

(a) In General.--Section 3686 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is
amended--

[[Page 123 STAT. 2716]]

(1) in subsection (c), by inserting ``and subtitle B'' after
``this subtitle'' each place it appears;
(2) in subsection (d), by inserting ``and subtitle B'' after
``this subtitle'';
(3) in subsection (e), by inserting ``and subtitle B'' after
``this subtitle'' each place it appears;
(4) by redesignating subsection (g) as subsection (h); and
(5) by inserting after subsection (f) the following new
subsection:

``(g) National Institute for Occupational Safety and Health
Ombudsman.--In carrying out the duties of the Ombudsman under this
section, the Ombudsman shall work with the individual employed by the
National Institute for Occupational Safety and Health to serve as an
ombudsman to individuals making claims under subtitle B.''.
(b) <<NOTE: 42 USC 7385s-15 note.>> Construction.--Except as
specifically provided in subsection (g) of section 3686 of the Energy
Employees Occupational Illness Compensation Program Act of 2000, as
amended by subsection (a) of this section, nothing in the amendments
made by such subsection (a) shall be construed to alter or affect the
duties and functions of the individual employed by the National
Institute for Occupational Safety and Health to serve as an ombudsman to
individuals making claims under subtitle B of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l
et seq.).
SEC. 3143. <<NOTE: 42 USC 7279.>> IDENTIFICATION IN BUDGET
MATERIALS OF AMOUNTS FOR CERTAIN
DEPARTMENT OF ENERGY PENSION
OBLIGATIONS.

The Secretary of Energy shall include in the budget justification
materials submitted to Congress in support of the Department of Energy
budget for a fiscal year (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code) specific
identification, as a budgetary line item, of the amounts required to
meet the pension obligations of the Department of Energy for contractor
employees at each facility of the Department of Energy operated using
amounts authorized to be appropriated for the Department of Energy.
SEC. 3144. SENSE OF CONGRESS ON PRODUCTION OF MOLYBDENUM-99.

(a) Findings.--Congress finds the following:
(1) There are fewer than five reactors around the world
currently capable of producing molybdenum-99 (in this section
referred to as ``Mo-99'') and there are no such reactors in the
United States that can provide a reliable supply of Mo-99 to
meet medical needs.
(2) Since November 2007, there have been major disruptions
in the global availability of Mo-99, including at facilities in
Canada and the Netherlands, which have led to shortages of Mo-
99-based medical products in the United States and around the
world.
(3) Ensuring a reliable supply of medical radioisotopes,
including Mo-99, is of great importance to the public health.
(4) It is also a national security priority of the United
States, and specifically of the Department of Energy, to
encourage the production of low-enriched uranium-based
radioisotopes in order to promote a more peaceful international
nuclear order.

[[Page 123 STAT. 2717]]

(5) The National Academy of Sciences has identified a need
to establish a reliable capability in the United States for the
production of Mo-99 and its derivatives for medical purposes
using low-enriched uranium.
(6) There also exists a capable industrial base in the
United States that can support the development of Mo-99
production facilities and can conduct the processing and
distribution of radiopharmaceutical products for use in medical
tests worldwide.

(b) Sense of Congress.--It is the sense of Congress that--
(1) radioisotopes and radiopharmaceuticals, including Mo-99
and its derivatives, are essential components of medical tests
that help diagnose and treat life-threatening diseases affecting
millions of people each year; and
(2) the Secretary of Energy should continue and expand a
program to meet the need identified by the National Academy of
Sciences to ensure a source of Mo-99 and its derivatives for use
in medical tests to help ensure the health security of the
United States and around the world and promote peaceful nuclear
industries through the use of low-enriched uranium.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2010,
$26,086,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $23,627,000 for fiscal year 2010 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.

TITLE XXXV--MARITIME ADMINISTRATION

[[Page 123 STAT. 2718]]

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.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2010.

Funds are hereby authorized to be appropriated for fiscal year 2010,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $152,900,000, of which--
(A) $15,391,000 shall remain available until
expended for capital improvements at the United States
Merchant Marine Academy;
(B) $11,240,000 shall remain available until
expended for maintenance and repair of training ships of
the State Maritime Academies; and
(C) $74,500,000 shall be available for operations at
the United States Merchant Marine Academy.
(2) For expenses to maintain and preserve a United States-
flag merchant fleet to serve the national security needs of the
United States under chapter 531 of title 46, United States Code,
$174,000,000.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $15,000,000.
(4) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $60,000,000.
(5) For administrative expenses related to the
implementation of the loan guarantee program under chapter 537
of title 46, United States Code, administrative expenses related
to the implementation of the reimbursement program under section
3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101
note), and administrative expenses related to the implementation
of the program of assistance for small shipyards and maritime
communities under section 54101 of title 46, United States Code,
$4,000,000.
SEC. 3502. UNUSED LEAVE BALANCES.

The Maritime Administrator may, subject to the availability of
appropriations, make a lump-sum payment for the accumulated balance of
unused annual leave, at a rate of pay that existed on the date of
termination or on the day before conversion to the Civil Service, to any
former employee of a United States Merchant Marine Academy
nonappropriated fund instrumentality who

[[Page 123 STAT. 2719]]

was terminated from such employment in the period September 2008 through
March 2009 under authority granted by section 3506 of the Duncan Hunter
National Defense Authorization Act for fiscal year 2009 (Public Law 110-
417; 122 Stat. 4356).
SEC. 3503. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT
PROFESSORS AT THE UNITED STATES MERCHANT
MARINE ACADEMY.

(a) In General.--Chapter 513 of title 46, United States Code, is
amended by adding at the end thereof the following:
``Sec. 51317. Adjunct professors

``(a) In General.--The Maritime Administrator may establish a
program for the purpose of contracting with individuals as personal
services contractors to provide services as adjunct professors at the
Academy, if the Maritime Administrator determines that there is a need
for adjunct professors and the need is not of permanent duration.
``(b) Contract Requirements.--Each contract under the program--
``(1) must be approved by the Maritime Administrator; and
``(2) shall be for a duration, including options, of not to
exceed one year unless the Maritime Administrator finds that
exceptional circumstances justify an extension of up to one
additional year.
``(3) shall be subject to the availability of
appropriations.

``(c) Limitation on Number of Contractors.--In awarding contacts
under this section, the Maritime Administrator shall ensure that not
more than 25 individuals actively provide services in any one academic
trimester, or equivalent, as contractors under subsection (a).
``(d) Reporting Requirements.--When the authority granted by
subsection (a) is used to hire an adjunct professor at the Academy in
fiscal year 2010 or fiscal year 2011, the Administrator shall notify the
Committee on Armed Services of the House of Representatives, the
Committee on Armed Services of the Senate, and the Committee on
Commerce, Science, and Transportation of the Senate, including the need
for and the term of employment for the adjunct professor.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical amendment.--The table of contents for chapter
513 of title 46, United States Code, is amended by adding at the
end thereof the following new item:

``51317. Adjunct professors.' '''.

(2) <<NOTE: Repeal.>> Conforming amendment.--Section 3506 of
the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (46 U.S.C. 53101 note) is repealed.
SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM.

The Congress finds that--
(1) it is in the national security interest of the United
States to foster commercial shipbuilding in the United States;
(2) the maritime loan guarantee program authorized by
chapter 537 or title 46, United States Code, has a long and
successful history of facilitating construction of commercial
vessels in domestic shipyards;

[[Page 123 STAT. 2720]]

(3) the Maritime Loan Guarantee Program strengthens our
Nation's industrial base by allowing domestic shipyards and
their allied service and supply industries to more effectively
produce commercial vessels that enhance the commercial sealift
capability of the Department of Defense; and
(4) a revitalized and effective Maritime Loan Guarantee
Program would result in construction of a more modern and larger
fleet of commercial vessels manned by United States citizens,
thereby providing a pool of trained United States citizen
mariners available to assist the Department of Defense in times
of war or national emergency.
SEC. 3505. DEFENSE MEASURES <<NOTE: Piracy.>> AGAINST UNAUTHORIZED
SEIZURES OF MARITIME SECURITY FLEET
VESSELS.

Section 53107(b) of title 46, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Defense measures against unauthorized seizures.--(A)
The Emergency Preparedness Agreement for any operating agreement
that first takes effect or is renewed after the date of
enactment of the National Defense Authorization Act for Fiscal
Year 2010 shall require that any vessel operating under the
agreement in the carriage of cargo for the Department of Defense
in an area that is designated by the Coast Guard as an area of
high risk of piracy shall be equipped with, at a minimum,
appropriate non-lethal defense measures to protect the vessel,
crew, and cargo from unauthorized seizure at sea.
``(B) The Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating shall jointly
prescribe the non-lethal defense measures that are required
under this paragraph.''.
SEC. 3506. REPORT ON RESTRICTIONS ON UNITED STATES-FLAGGED
COMMERCIAL VESSEL SECURITY.

(a) Report Required.--The Secretary of Defense and the Secretary of
State shall prepare and submit a joint report to the appropriate
congressional committees not later than 60 days after the date of the
enactment of this Act on actions within their respective departments
to--
(1) eliminate or reduce restrictions under any regulation or
provision of law on the carriage of arms and use of armed
security teams on United States-flagged commercial vessels for
purpose of self defense in areas that are designated as being at
a high risk of piracy;
(2) negotiate bilateral agreements with coastal states to
allow United States-flagged commercial vessels carrying United
States Government cargos, such as food aid, that must transit
areas designated as being at high risk of piracy, to enter the
ports of those coastal states while carrying arms or embarked
armed security teams for the purpose of self-defense; and
(3) establish common standards, in coordination with the
Secretary of Homeland Security and the Commandant of the United
States Coast Guard, for the training and professional
qualifications of armed security teams.

(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--

[[Page 123 STAT. 2721]]

(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Transportation
and Infrastructure of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) Armed security teams.--The term ``armed security teams''
means security guards employed from the private sector for the
purpose of self-defense of the vessel.
SEC. 3507. TECHNICAL CORRECTIONS TO STATE MARITIME ACADEMIES
STUDENT INCENTIVE PROGRAM.

(a) Installment Payments.--Section 51509(b) of title 46, United
States Code, is amended--
(1) by striking ``and be paid before the start of each
academic year, as prescribed by the Secretary,'' and inserting
``and be paid in such installments as the Secretary shall
determine'';
(2) by striking ``academy.'' and inserting ``academy, as
prescribed by the Secretary.''.

(b) Repeal of Redundant Section.--Section 177 of division I of
Public Law 111-8 <<NOTE: Ante, p. 944.>> (123 Stat. 945; relating to
amendments previously enacted by section 3503 of division C of Public
Law 110-417 (122 Stat. 4762)) is repealed and shall have no force or
effect.
SEC. 3508. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES, AND
CONTRACTING AUTHORITY.

Section 109 of title 49, United States Code, is amended--
(1) by striking the headline for subsection (h) and
inserting the following:

``(h) Contracts, Cooperative Agreements, and Audits.--'';
(2) by striking the heading for paragraph (1) of subsection
(h) and inserting the following:
``(1) Contracts and cooperative agreements.--'';
(3) by striking ``make contracts'' in subsection (h)(1) and
inserting ``make contracts and cooperative agreements'';
(4) by striking ``section and'' in subsection (h)(1)(A) and
inserting ``section,'';
(5) by striking ``title 46;'' in subsection (h)(1)(A) and
insert ``title 46, and all other Maritime Administration
programs;''; and
(6) by redesignating subsection (i) as subsection (j) and
inserting after subsection (h) the following:

``(i) Grant Administrative Expenses.--Except as otherwise provided
by law, the administrative and related expenses for the administration
of any grant programs by the Maritime Administrator may not exceed 3
percent.''.
SEC. 3509. USE OF FUNDING FOR DOT MARITIME HERITAGE PROPERTY.

Section 6(a)(1) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(a)(1)) is amended by striking subparagraph (C) and inserting
the following:
``(C) The remainder, whether collected before or
after the date of enactment of the Maritime
Administration Authorization Act of 2010, shall be
available to the Secretary to carry out the Program, as
provided in subsection

[[Page 123 STAT. 2722]]

(b) of this section or, if otherwise determined by the
Maritime Administrator, for use in the preservation and
presentation to the public of maritime heritage property
of the Maritime Administration.''.
SEC. 3510. USE OF MIDSHIPMAN FEES.

Section 51314 of title 46, United States Code, is amended by
striking ``1994.'' in subsection (b) and inserting ``1994, or for
calculators, computers, personal and academic supplies, midshipman
services such as barber, tailor, or laundry services, and Coast Guard
license fees.''.
SEC. 3511. CONSTRUCTION OF VESSELS IN THE UNITED STATES POLICY.

Section 50101(a)(4) of title 46, United States Code, is amended by
inserting ``constructed in the United States'' after ``vessels''.
SEC. 3512. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.

Section 50302 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(c) Port Infrastructure Development Program.--
``(1) Establishment of program.--The Secretary of
Transportation, through the Maritime Administrator, shall
establish a port infrastructure development program for the
improvement of port facilities as provided in this subsection.
``(2) Authority of the administrator.--In order to carry out
any project under the program established under paragraph (1),
the Administrator may--
``(A) receive funds provided for the project from
Federal, non-Federal, and private entities that have a
specific agreement or contract with the Administrator to
further the purposes of this subsection;
``(B) coordinate with other Federal agencies to
expedite the process established under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for the improvement of port facilities to improve
the efficiency of the transportation system, to increase
port security, or to provide greater access to port
facilities;
``(C) seek to coordinate all reviews or requirements
with appropriate local, State, and Federal agencies; and
``(D) provide such technical assistance to port
authorities or commissions or their subdivisions and
agents as needed for project planning, design, and
construction.
``(3) Port infrastructure development fund.--
``(A) Establishment.--There is a Port Infrastructure
Development Fund for use by the Administrator in
carrying out projects under the port infrastructure
development program. The Fund shall be available to the
Administrator--
``(i) to administer and carry out projects
under the program;
``(ii) to receive Federal, non-Federal, and
private funds from entities which have specific
agreements or contracts with the Administrator;
and
``(iii) to make refunds for projects that will
not be completed.
``(B) Credits.--There may be deposited into the
Fund--
``(i) funds from Federal, non-Federal, and
private entities which have agreements or
contracts with the

[[Page 123 STAT. 2723]]

Administrator and which shall remain in the Fund
until expended or refunded; and
``(ii) such amounts as may be appropriated or
transferred, subject to subparagraph (C), to the
Fund under this subsection.
``(C) Transfers.--
``(i) In general.--Subject to clauses (ii) and
(iii), amounts appropriated or otherwise made
available for any fiscal year for a marine
facility or intermodal facility that includes
maritime transportation may be transferred, at the
option of the recipient of such amounts, to the
Fund and administered by the Administrator as a
component of a project under the program.
``(ii) Prohibition on transfers.--Except as
provided in clause (iii), no funds appropriated or
made available under title 23 or chapter 53 of
title 49, United States Code, including funds from
the Highway Trust Fund (section 9503(c) of the
Internal Revenue Code of 1986), funds from the
Mass Transit Account of the Highway Trust Fund
(section 9503(e) of Internal Revenue Code of
1986), and funds provided for public
transportation programs within the mass transit
category (as defined in section 250(c)(4)(C) of
the Balanced Budget and Emergency Deficit Control
Act of 1985), shall be transferred into the Fund.
``(iii) Exception.--
``(I) In general.--Amounts described
in subclause (II) are eligible for
transfer into the Fund if--
``(aa) the recipient of the
amounts has a specific agreement
or contract with the
Administrator;
``(bb) the Department of
Transportation agency that
administers the amounts to be
transferred has granted project
approval for each component of
the project that is to be funded
using such amounts;
``(cc) the Department of
Transportation agency that
administers the amounts to be
transferred and the Maritime
Administration agree to the
transfer through a signed
Memorandum of Understanding; and
``(dd) the amounts will be
used only to carry out the
project for which funds were
approved, and in accordance with
any conditions governing the
amounts under title 23 or
chapter 53 of title 49, United
States Code.
``(II) Amounts described.--The
amounts referred to in subclause (I) are
amounts appropriated or made available--
``(aa) for loans, loan
guarantees, or lines of credit
under chapter 6 of title 23,
United States Code, for a
project eligible under such
chapter to facilitate direct
intermodal exchange, transfer,
and access into and out of a
port as defined under section

[[Page 123 STAT. 2724]]

601(a)(8)(D)(iii) of such title,
as in effect on the date of
enactment of this subsection; or
``(bb) for projects under
title XII of division A of the
American Recovery and
Reinvestment Act of 2009 (Public
Law 111-5).
``(D) Limitation on statutory construction.--Nothing
in this section shall be construed to alter or otherwise
affect existing authorities to conduct port
infrastructure programs in Hawaii (as authorized by
section 9008 of Public Law 109-59), Alaska (as
authorized by section 10205 of Public Law 109-59), or
Guam (as authorized by section 3512 of Public Law 110-
417).
``(4) Authorization of appropriations.--There are authorized
to be appropriated to the Fund such sums as may be necessary to
carry out the program, taking into account amounts received
under paragraph (3)(A)(ii).''.
SEC. 3513. REEFS FOR MARINE LIFE CONSERVATION PROGRAM.

(a) In General.--Section 3 of Public Law 92-402 (16 U.S.C. 1220) is
amended by adding at the end thereof the following:
``(d) Any territory, possession, or Commonwealth of the United
States, and any foreign country, may apply to the Secretary for an
obsolete vessel to be used for an artificial reef under this section.
The application process and reefing of any such obsolete vessel shall be
performed in a manner consistent with the process jointly developed by
the Secretary of Transportation and the Administrator of the
Environmental Protection Agency under section 3504(b) of Public Law 107-
314 (16 U.S.C. 1220 note).''.
(b) Limitation.--Section 7 of Public Law 92-402 (16 U.S.C. 1220c-1)
is amended by adding at the end thereof the following:
``(d) Limitation.--The Secretary may not provide assistance under
this section to a foreign country to which an obsolete ship is
transferred under this Act.''.
SEC. 3514. UNITED STATES MERCHANT MARINE ACADEMY GRADUATE PROGRAM
RECEIPT, DISBURSEMENT, AND ACCOUNTING
FOR NONAPPROPRIATED FUNDS.

Section 51309(b) of title 46, United States Code, is amended by
inserting after ``body.'' the following: ``Nonappropriated funds
received for this purpose shall be credited to the Maritime
Administration's Operations and Training appropriation, to remain
available until expended, for those expenses directly related to the
purpose of such receipts. The Superintendent shall maintain a separate
and detailed accounting of nonappropriated fund receipts and all
associated expenses.''.
SEC. 3515. AMERICA'S SHORT SEA TRANSPORTATION GRANTS FOR THE
DEVELOPMENT OF MARINE HIGHWAYS.

Section 55601 of title 46, United States Code, is amended by adding
at the end the following:
``(g) Grants.--
``(1) In general.--The Secretary shall establish and
implement a short sea transportation grant program to implement
projects or components of a project designated under subsection
(d).
``(2) Applications.--In order to receive a grant under the
program, an applicant shall--

[[Page 123 STAT. 2725]]

``(A) submit an application to the Secretary, in
such form and manner, at such time, and containing such
information as the Secretary may require; and
``(B) demonstrate to the satisfaction of the
Secretary that--
``(i) the project is financially viable;
``(ii) the funds received will be spent
efficiently and effectively; and
``(iii) a market exists for the services of
the proposed project as evidenced by contracts or
written statements of intent from potential
customers.
``(3) Non-federal share.--An applicant shall provide at
least 20 percent of the project costs from non-Federal sources.
In awarding grants under the program, the Secretary shall give a
preference to those projects or components that present the most
financially viable transportation services and require the
lowest percentage Federal share of the costs.''.
SEC. 3516. <<NOTE: 49 USC 109 note.>> EXPANSION OF THE MARINE VIEW
SYSTEM.

(a) Definitions.--In this section:
(1) Marine transportation system.--The term ``marine
transportation system'' means the navigable water transportation
system of the United States, including the vessels, ports (and
intermodal connections thereto), and shipyards and other vessel
repair facilities that are components of that system.
(2) Marine view system.--The term ``Marine View system''
means the information system of the Maritime Administration
known as Marine View.

(b) Purposes.--The purposes of this section are--
(1) to expand the Marine View system; and
(2) to provide support for the strategic requirements of the
marine transportation system and its contribution to the
economic viability of the United States.

(c) Expansion of Marine View System.--To accomplish the purposes of
this section, the Secretary of Transportation shall expand the Marine
View system so that such system is able to identify, collect, integrate,
secure, protect, store, and securely distribute throughout the marine
transportation system information that--
(1) provides access to many disparate marine transportation
system data sources;
(2) enables a system-wide view of the marine transportation
system;
(3) fosters partnerships between the Government of the
United States and private entities;
(4) facilitates accurate and efficient modeling of the
entire marine transportation system environment;
(5) monitors and tracks threats to the marine transportation
system, including areas of severe weather or reported piracy;
and
(6) provides vessel tracking and rerouting, as appropriate,
to ensure that the economic viability of the United States
waterways is maintained.

[[Page 123 STAT. 2726]]

DIVISION D--FUNDING TABLES

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

(a) Amounts Specified in Funding Tables Are Authorized by Law.--
Wherever a funding table in this Division specifies a dollar amount for
a project, program, or activity, the obligation and expenditure of the
specified dollar amount for the indicated project, program, or activity
is hereby authorized by law, subject to the availability of
appropriations.
(b) Merit-based Decisions.--Decisions by agency heads to commit,
obligate, or expend funds with or to a specific entity on the basis of
dollar amount authorized pursuant to subsection (a) shall be based on
authorized, transparent, statutory criteria, or merit-based selection
procedures in accordance with the requirements of sections 2304(k) and
2374 of title 10, United States Code, and other applicable provisions of
law.
(c) Relationship to Transfer and Reprogramming Authority.--This
section does not prevent an amount covered by this section from being
transferred or reprogrammed under a transfer or reprogramming authority
provided by another provision of this Act or by other law. The transfer
or reprogramming of an amount specified in a funding table referred to
in subsection (a) shall not count against a ceiling on such transfers or
reprogrammings under section 1001 of this Act or any other provision of
law, unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communication.--No oral or written
communication concerning any amount specified in a funding table
referred to in subsection (a) shall supersede the requirements of this
section.

TITLE XLI--PROCUREMENT

SEC. 4101. PROCUREMENT.

------------------------------------------------------------------------
PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Line Item Request Agreement
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
AIRCRAFT
FIXED WING
001 JOINT CARGO AIRCRAFT
(JCA).
002 UTILITY F/W AIRCRAFT.
003 MQ-1 UAV............. 401,364 201,364
Avoid forward [-200,000]
funding of
production.
004 RQ-11 (RAVEN)........ 35,008 35,008
004A C-12A................
ROTARY WING
006 ARMED RECONNAISSANCE
HELICOPTER.
007 ADVANCE
PROCUREMENT (CY).
008 HELICOPTER, LIGHT 326,040 326,040
UTILITY (LUH).
009 AH-64 APACHE BLOCK 161,280 161,280
III.
010 ADVANCE 57,890 57,890
PROCUREMENT (CY).
011 UH-60 BLACKHAWK (MYP) 1,258,374 1,258,374
012 ADVANCE 98,740 98,740
PROCUREMENT (CY).
013 CH-47 HELICOPTER..... 860,087 882,087
Transfer From APA [22,000]
22.

[[Page 123 STAT. 2727]]

014 ADVANCE 50,676 50,676
PROCUREMENT (CY).
015 HELICOPTER NEW 19,639 0
TRAINING.
Program Not [-19,639]
Justified.
MODIFICATION OF
AIRCRAFT
016 MQ-1 PAYLOAD--UAS.... 87,424 87,424
017 MQ-1 WEAPONIZATION-- 14,832 14,832
UAS.
018 GUARDRAIL MODS (MIP). 61,517 61,517
019 MULTI SENSOR ABN 21,457 21,457
RECON (MIP).
020 AH-64 MODS........... 426,415 427,415
Air Filtration [1,000]
Systems.
021 ADVANCE
PROCUREMENT (CY).
022 CH-47 CARGO 102,876 85,876
HELICOPTER MODS
(MYP).
Common Avionics [2,000]
Architecture
System.
Vibration [3,000]
Management
Enhancement
Program.
Transfer to APA 13 [-22,000]
023 ADVANCE
PROCUREMENT (CY).
024 UTILITY/CARGO 39,547 39,547
AIRPLANE MODS.
025 AIRCRAFT LONG RANGE 823 823
MODS.
026 UTILITY HELICOPTER 66,682 71,682
MODS.
UH-60 ARNG [5,000]
Rewiring Program.
027 KIOWA WARRIOR........ 140,768 140,768
028 AIRBORNE AVIONICS.... 241,287 241,287
029 GATM ROLLUP.......... 103,142 103,142
030 RQ-7 UAV MODS........ 283,012 283,012
030A C-12A................
SPARES AND REPAIR
PARTS
031 SPARE PARTS (AIR).... 7,083 7,083
SUPPORT EQUIPMENT AND
FACILITIES
GROUND SUPPORT
AVIONICS
032 AIRCRAFT 25,975 25,975
SURVIVABILITY
EQUIPMENT.
033 ASE INFRARED CM...... 186,356 186,356
OTHER SUPPORT
034 AVIONICS SUPPORT 4,933 4,933
EQUIPMENT.
035 COMMON GROUND 87,682 87,682
EQUIPMENT.
036 AIRCREW INTEGRATED 52,725 55,725
SYSTEMS.
Air warrior [3,000]
ensemble--generati
on III.
037 AIR TRAFFIC CONTROL.. 76,999 76,999
038 INDUSTRIAL FACILITIES 1,533 1,533
039 LAUNCHER, 2.75 ROCKET 2,716 2,716
040 AIRBORNE 11,109 11,109
COMMUNICATIONS.

TOTAL--AIRCRAFT 5,315,991 5,110,352
PROCUREMENT, ARMY.

MISSILE PROCUREMENT,
ARMY
OTHER MISSILES
SURFACE-TO-AIR
MISSILE SYSTEM
001 PATRIOT SYSTEM 348,351 348,351
SUMMARY.
002 PATRIOT/MEADS CAP 16,406 16,406
SYSTEM SUMMARY.
003 SURFACE-LAUNCHED 72,920 72,920
AMRAAM SYSTEM
SUMMARY:.
004 ADVANCE
PROCUREMENT (CY).
AIR-TO-SURFACE
MISSILE SYSTEM
005 HELLFIRE SYS SUMMARY. 31,154 29,154
Unjustified cost [-2,000]
growth.
ANTI-TANK/ASSAULT
MISSILE SYSTEM
006 JAVELIN (AAWS-M) 148,649 148,649
SYSTEM SUMMARY.
007 TOW 2 SYSTEM SUMMARY. 108,066 108,066
008 GUIDED MLRS ROCKET 293,617 293,617
(GMLRS).
009 MLRS REDUCED RANGE 15,663 15,663
PRACTICE ROCKETS
(RRPR).
010 HIGH MOBILITY 209,061 209,061
ARTILLERY ROCKET
SYSTEM (HIMARS.
011 ARMY TACTICAL MSL SYS
(ATACMS)--SYS SUM.
MODIFICATIONS
012 PATRIOT MODS......... 44,775 44,775
013 ITAS/TOW MODS........ 6,983 6,983
014 MLRS MODS............ 3,662 3,662
015 HIMARS MODIFICATIONS. 38,690 38,690
016 HELLFIRE 10 10
MODIFICATIONS.
SPARES AND REPAIR
PARTS

[[Page 123 STAT. 2728]]

017 SPARES AND REPAIR 22,338 22,338
PARTS.
SUPPORT EQUIPMENT AND
FACILITIES
018 AIR DEFENSE TARGETS.. 4,188 4,188
019 ITEMS LESS THAN $5.0M 1,178 1,178
(MISSILES).
020 PRODUCTION BASE 4,398 4,398
SUPPORT.

TOTAL--MISSILE 1,370,109 1,368,109
PROCUREMENT, ARMY.

PROCUREMENT OF
WEAPONS & TRACKED
COMBAT VEHICLES
TRACKED COMBAT
VEHICLES
001 BRADLEY PROGRAM......
002 BRADLEY TRAINING
DEVICES (MOD).
003 ABRAMS TANK TRAINING
DEVICES.
004 STRYKER VEHICLE...... 388,596 364,196
Program Reduction. [-24,400]
005 FUTURE COMBAT
SYSTEMS: (FCS).
006 ADVANCE
PROCUREMENT (CY).
007 FCS SPIN OUTS........ 285,920 285,920
008 ADVANCE 42,001 42,001
PROCUREMENT (CY).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
009 FIST VEHICLE (MOD)... 34,192 34,192
010 BRADLEY PROGRAM (MOD) 526,356 526,356
011 HOWITZER, MED SP FT 96,503 5,003
155MM M109A6 (MOD).
Army requested [-91,500]
transfer to RDT&E,
A, line 114.
012 IMPROVED RECOVERY 96,814 96,814
VEHICLE (M88A2
HERCULES).
013 ARMORED BREACHER 63,250 63,250
VEHICLE.
014 JOINT ASSAULT BRIDGE. 70,637 70,637
015 M1 ABRAMS TANK (MOD). 183,829 183,829
016 ABRAMS UPGRADE 185,611 185,611
PROGRAM.
SUPPORT EQUIPMENT &
FACILITIES
017 ITEMS LESS THAN $5.0M
(TCV-WTCV).
018 PRODUCTION BASE 6,601 6,601
SUPPORT (TCV-WTCV).
WEAPONS AND OTHER
COMBAT VEHICLES
019 HOWITZER, LIGHT, 95,631 95,631
TOWED, 105MM, M119.
020 M240 MEDIUM MACHINE 32,919 32,919
GUN (7.62MM).
021 MACHINE GUN, CAL .50 84,588 84,588
M2 ROLL.
022 LIGHTWEIGHT .50 977 977
CALIBER MACHINE GUN.
023 M249 SAW MACHINE GUN 7,535 7,535
(5.56MM).
024 MK-19 GRENADE MACHINE 7,700 7,700
GUN (40MM).
025 MORTAR SYSTEMS....... 14,779 14,779
026 M107, CAL. 50, SNIPER 224 224
RIFLE.
027 XM320 GRENADE 16,023 16,023
LAUNCHER MODULE
(GLM).
028 M110 SEMI-AUTOMATIC 6,223 6,223
SNIPER SYSTEM (SASS).
029 M4 CARBINE........... 20,500 20,500
030 SHOTGUN, MODULAR 6,945 6,945
ACCESSORY SYSTEM
(MASS).
031 COMMON REMOTELY 100,000
OPERATED WEAPONS
STATION (CRO.
Program Increase.. [100,000]
032 HANDGUN.............. 3,389 3,389
033 HOWITZER LT WT 155MM 49,572 49,572
(T).
MOD OF WEAPONS AND
OTHER COMBAT VEH
034 MK-19 GRENADE MACHINE 8,164 8,164
GUN MODS.
035 M4 CARBINE MODS...... 31,472 31,472
036 M2 50 CAL MACHINE GUN 7,738 7,738
MODS.
037 M249 SAW MACHINE GUN 7,833 7,833
MODS.
038 M240 MEDIUM MACHINE 17,964 17,964
GUN MODS.
039 PHALANX MODS.........
040 M119 MODIFICATIONS... 25,306 25,306
041 M16 RIFLE MODS....... 4,186 4,186
041A M14 7.62 RIFLE MODS..
042 MODIFICATIONS LESS 6,164 6,164
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
043 ITEMS LESS THAN $5.0M 551 551
(WOCV-WTCV).
044 PRODUCTION BASE 9,855 12,855
SUPPORT (WOCV-WTCV).
Arsenal Support [3,000]
Program Initiative
(ASPI) at Rock
Island.
045 INDUSTRIAL 392 392
PREPAREDNESS.
046 SMALL ARMS EQUIPMENT 5,012 5,012
(SOLDIER ENH PROG).

[[Page 123 STAT. 2729]]

TOTAL--PROCUREMENT OF 2,451,952 2,439,052
WTCV, ARMY.

PROCUREMENT OF
AMMUNITION, ARMY
AMMUNITION
SMALL/MEDIUM CALIBER
AMMUNITION
001 CTG, 5.56MM, ALL 207,752 207,752
TYPES.
002 CTG, 7.62MM, ALL 77,602 77,602
TYPES.
003 CTG, HANDGUN, ALL 5,120 5,120
TYPES.
004 CTG, .50 CAL, ALL 162,342 162,342
TYPES.
005 CTG, 25MM, ALL TYPES. 17,054 17,054
006 CTG, 30MM, ALL TYPES. 96,572 96,572
007 CTG, 40MM, ALL TYPES. 172,675 175,675
Additional 40mm [3,000]
Mortar Rounds--
Milan AAP.
MORTAR AMMUNITION
008 60MM MORTAR, ALL 23,607 25,607
TYPES.
M722 60mm White [2,000]
Phosphorous Smoke
Mortar Rounds.
009 81MM MORTAR, ALL 28,719 28,719
TYPES.
010 CTG, MORTAR, 120MM, 104,961 104,961
ALL TYPES.
TANK AMMUNITION
011 CTG TANK 105MM: ALL 7,741 7,741
TYPES.
012 CTG, TANK, 120MM, ALL 113,483 113,483
TYPES.
ARTILLERY AMMUNITION
013 CTG, ARTY, 75MM: ALL 5,229 5,229
TYPES.
014 CTG, ARTY, 105MM: ALL 90,726 90,726
TYPES.
015 CTG, ARTY, 155MM, ALL 54,546 54,546
TYPES.
016 PROJ 155MM EXTENDED 62,292 62,292
RANGE XM982.
017 MODULAR ARTILLERY 33,441 33,441
CHARGE SYSTEM
(MACS), ALL T.
ARTILLERY FUZES
018 ARTILLERY FUZES, ALL 19,870 19,870
TYPES.
MINES
019 MINES, ALL TYPES..... 815 815
020 MINE, CLEARING
CHARGE, ALL TYPES.
021 ANTIPERSONNEL 56,387 56,387
LANDMINE
ALTERNATIVES.
022 INTELLIGENT MUNITIONS 19,507 19,507
SYSTEM (IMS), ALL
TYPES.
ROCKETS
023 SHOULDER LAUNCHED 45,302 45,302
MUNITIONS, ALL TYPES.
024 ROCKET, HYDRA 70, ALL 99,904 99,904
TYPES.
OTHER AMMUNITION
025 DEMOLITION MUNITIONS, 18,793 18,793
ALL TYPES.
026 GRENADES, ALL TYPES.. 49,910 49,910
027 SIGNALS, ALL TYPES... 83,094 83,094
028 SIMULATORS, ALL TYPES 12,081 12,081
MISCELLANEOUS
029 AMMO COMPONENTS, ALL 17,968 17,968
TYPES.
030 NON-LETHAL 7,378 7,378
AMMUNITION, ALL
TYPES.
031 CAD/PAD ALL TYPES.... 3,353 3,353
032 ITEMS LESS THAN $5 8,826 8,826
MILLION.
033 AMMUNITION PECULIAR 11,187 11,187
EQUIPMENT.
034 FIRST DESTINATION 14,354 14,354
TRANSPORTATION
(AMMO).
035 CLOSEOUT LIABILITIES. 99 99
AMMUNITION PRODUCTION
BASE SUPPORT
PRODUCTION BASE
SUPPORT
036 PROVISION OF 151,943 153,943
INDUSTRIAL
FACILITIES.
Bomb line [2,000]
modernization.
037 LAYAWAY OF INDUSTRIAL 9,529 9,529
FACILITIES.
038 MAINTENANCE OF 8,772 8,772
INACTIVE FACILITIES.
039 CONVENTIONAL 145,777 145,777
MUNITIONS
DEMILITARIZATION,
ALL.
040 ARMS INITIATIVE...... 3,184 3,184

TOTAL--PROCUREMENT OF 2,051,895 2,058,895
AMMUNITION, ARMY.

OTHER PROCUREMENT,
ARMY
TACTICAL AND SUPPORT
VEHICLES
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 95,893 95,893
DOLLY SETS.
002 SEMITRAILERS, 20,870 20,870
FLATBED:.

[[Page 123 STAT. 2730]]

003 SEMITRAILERS, TANKERS 13,217 13,217
004 HI MOB MULTI-PURP 281,123 281,123
WHLD VEH (HMMWV).
005 FAMILY OF MEDIUM 1,158,522 1,033,522
TACTICAL VEH (FMTV).
Program reduction. [-125,000]
006 FIRETRUCKS & 17,575 17,575
ASSOCIATED
FIREFIGHTING
EQUIPMEN.
007 FAMILY OF HEAVY 812,918 812,918
TACTICAL VEHICLES
(FHTV).
008 PLS ESP.............. 18,973 18,973
009 ARMORED SECURITY 136,605 136,605
VEHICLES (ASV).
010 MINE PROTECTION 402,517 312,517
VEHICLE FAMILY.
Reassessment of [-90,000]
program
requirement.
011 FAMILY OF MINE
RESISTANT AMBUSH
PROTEC (MRAP).
012 TRUCK, TRACTOR, LINE 74,703 74,703
HAUL, M915/M916.
013 HVY EXPANDED MOBILE 180,793 180,793
TACTICAL TRUCK EXT
SERV P.
014 HMMWV 2,904 2,904
RECAPITALIZATION
PROGRAM.
015 MODIFICATION OF IN 10,314 10,314
SVC EQUIP.
016 ITEMS LESS THAN $5.0M 298 298
(TAC VEH).
017 TOWING DEVICE-FIFTH 414 414
WHEEL.
NON-TACTICAL VEHICLES
018 HEAVY ARMORED SEDAN.. 1,980 1,980
019 PASSENGER CARRYING 269 269
VEHICLES.
020 NONTACTICAL VEHICLES, 3,052 3,052
OTHER.
COMMUNICATIONS AND
ELECTRONICS
EQUIPMENT
COMM-JOINT
COMMUNICATIONS
021 COMBAT IDENTIFICATION
PROGRAM.
022 JOINT COMBAT 11,868 11,868
IDENTIFICATION
MARKING SYSTEM.
023 WIN-T--GROUND FORCES 544,202 544,202
TACTICAL NETWORK.
024 JCSE EQUIPMENT 4,868 4,868
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
025 DEFENSE ENTERPRISE 145,108 145,108
WIDEBAND SATCOM
SYSTEMS (S.
026 SHF TERM............. 90,918 90,918
027 SAT TERM, EMUT 653 653
(SPACE).
028 NAVSTAR GLOBAL 72,735 72,735
POSITIONING SYSTEM
(SPACE).
029 SMART-T (SPACE)...... 61,116 61,116
030 SCAMP (SPACE)........ 1,834 1,834
031 GLOBAL BRDCST SVC-- 6,849 6,849
GBS.
032 MOD OF IN-SVC EQUIP 2,862 2,862
(TAC SAT).
COMM--COMBAT SUPPORT
COMM
032A MOD-IN-SERVICE
PROFILER.
COMM--C3 SYSTEM
033 ARMY GLOBAL CMD & 22,996 22,996
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
034 ARMY DATA 1,705 1,705
DISTRIBUTION SYSTEM
(DATA RADIO).
035 JOINT TACTICAL RADIO 90,204 35,040
SYSTEM.
Testing delays in [-55,164]
JTRS GMR.
036 RADIO TERMINAL SET, 8,549 8,549
MIDS LVT(2).
037 SINCGARS FAMILY...... 6,812 0
Program Reduction. [-6,812]
038 AMC CRITICAL ITEMS--
OPA2.
038A SINCGARS--GROUND.....
039 MULTI-PURPOSE 6,164 6,164
INFORMATIONS
OPERATIONS SYSEMS.
040 BRIDGE TO FUTURE
NETWORKS.
041 COMMS-ELEC EQUIP
FIELDING.
042 SPIDER APLA REMOTE 21,820 21,820
CONTROL UNIT.
043 IMS REMOTE CONTROL 9,256 9,256
UNIT.
044 SOLDIER ENHANCEMENT 4,646 4,646
PROGRAM COMM/
ELECTRONICS.
045 COMBAT SURVIVOR 2,367 2,367
EVADER LOCATOR
(CSEL).
046 RADIO, IMPROVED HF 6,555 6,555
(COTS) FAMILY.
047 MEDICAL COMM FOR CBT 18,583 18,583
CASUALTY CARE (MC4).
COMM--INTELLIGENCE
COMM
048 CI AUTOMATION 1,414 1,414
ARCHITECTURE (MIP).
INFORMATION SECURITY
049 TSEC--ARMY KEY MGT 29,525 29,525
SYS (AKMS).
050 INFORMATION SYSTEM 33,189 33,189
SECURITY PROGRAM-
ISSP.
COMM--LONG HAUL
COMMUNICATIONS
051 TERRESTRIAL 1,890 1,890
TRANSMISSION.
052 BASE SUPPORT 25,525 25,525
COMMUNICATIONS.
053 ELECTROMAG COMP PROG
(EMCP).

[[Page 123 STAT. 2731]]

054 WW TECH CON IMP PROG 31,256 31,256
(WWTCIP).
COMM--BASE
COMMUNICATIONS
055 INFORMATION SYSTEMS.. 216,057 216,057
056 DEFENSE MESSAGE 6,203 6,203
SYSTEM (DMS).
057 INSTALLATION INFO 147,111 147,111
INFRASTRUCTURE MOD
PROGRAM(.
058 PENTAGON INFORMATION 39,906 39,906
MGT AND TELECOM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
061 ALL SOURCE ANALYSIS
SYS (ASAS) (MIP).
062 JTT/CIBS-M (MIP)..... 3,279 3,279
063 PROPHET GROUND (MIP). 64,498 64,498
064 TACTICAL UNMANNED
AERIAL SYS (TUAS)MIP.
065 SMALL UNMANNED AERIAL
SYSTEM (SUAS).
066 DIGITAL TOPOGRAPHIC
SPT SYS (DTSS) (MIP).
067 DRUG INTERDICTION
PROGRAM (DIP)
(TIARA).
068 TACTICAL EXPLOITATION
SYSTEM (MIP).
069 DCGS-A (MIP)......... 85,354 85,354
070 JOINT TACTICAL GROUND 6,703 6,703
STATION (JTAGS).
071 TROJAN (MIP)......... 26,659 26,659
072 MOD OF IN-SVC EQUIP 7,021 7,021
(INTEL SPT) (MIP).
073 CI HUMINT AUTO 4,509 4,509
REPRTING AND
COLL(CHARCS) (MIP.
074 SEQUOYAH FOREIGN 6,420 6,420
LANGUAGE TRANSLATION
SYSTEM.
075 ITEMS LESS THAN $5.0M 17,053 17,053
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 LIGHTWEIGHT COUNTER 31,661 31,661
MORTAR RADAR.
077 WARLOCK..............
078 COUNTERINTELLIGENCE/ 1,284 1,284
SECURITY
COUNTERMEASURES.
079 CI MODERNIZATION 1,221 1,221
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 SENTINEL MODS........ 25,863 25,863
081 SENSE THROUGH THE 25,352 25,352
WALL (STTW).
082 NIGHT VISION DEVICES. 366,820 191,158
Contractor [-175,662]
production delays
in Enhanced Night
Vision Goggle line.
083 LONG RANGE ADVANCED 133,836 133,836
SCOUT SURVEILLANCE
SYSTEM.
084 NIGHT VISION, THERMAL 313,237 313,237
WPN SIGHT.
085 SMALL TACTICAL 9,179 9,179
OPTICAL RIFLE
MOUNTED MLRF.
086 RADIATION MONITORING 2,198 2,198
SYSTEMS.
087 COUNTER-ROCKET,
ARTILLERY & MORTAR
(C-RAM).
088 BASE EXPEDITIONARY
TARGETING AND SURV
SYS.
089 ARTILLERY ACCURACY 5,838 5,838
EQUIP.
090 MOD OF IN-SVC EQUIP
(MMS).
091 ENHANCED PORTABLE 1,178 1,178
INDUCTIVE ARTILLERY
FUZE SE.
092 PROFILER............. 4,766 4,766
093 MOD OF IN-SVC EQUIP 2,801 2,801
(FIREFINDER RADARS).
094 FORCE XXI BATTLE CMD 271,979 271,979
BRIGADE & BELOW
(FBCB2).
095 JOINT BATTLE COMMAND-- 17,242 17,242
PLATFORM (JBC-P).
096 LIGHTWEIGHT LASER 59,080 59,080
DESIGNATOR/
RANGEFINDER (LLD.
097 COMPUTER BALLISTICS:
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,520 15,520
SYSTEM.
099 COUNTERFIRE RADARS... 194,665 194,665
100 INTEGRATED MET SYS
SENSORS (IMETS)--MIP.
101 ENHANCED SENSOR & 1,944 1,944
MONITORING SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 TACTICAL OPERATIONS 29,934 29,934
CENTERS.
103 FIRE SUPPORT C2 39,042 39,042
FAMILY.
104 BATTLE COMMAND 31,968 31,968
SUSTAINMENT SUPPORT
SYSTEM (BC.
105 FAAD C2.............. 8,289 8,289
106 AIR & MSL DEFENSE 62,439 62,439
PLANNING & CONTROL
SYS (AMD.
107 KNIGHT FAMILY........ 80,831 80,831
108 LIFE CYCLE SOFTWARE 1,778 1,778
SUPPORT (LCSS).
109 AUTOMATIC 31,542 31,542
IDENTIFICATION
TECHNOLOGY.
110 TC AIMS II........... 11,124 11,124
111 JOINT NETWORK
MANAGEMENT SYSTEM
(JNMS).
112 TACTICAL INTERNET
MANAGER.
113 NETWORK MANAGEMENT 53,898 53,898
INITIALIZATION AND
SERVICE.
114 MANEUVER CONTROL 77,646 77,646
SYSTEM (MCS).
115 SINGLE ARMY LOGISTICS 46,861 46,861
ENTERPRISE (SALE).

[[Page 123 STAT. 2732]]

116 RECONNAISSANCE AND 11,118 11,118
SURVEYING INSTRUMENT
SET.
117 MOUNTED BATTLE 926 926
COMMAND ON THE MOVE
(MBCOTM).
ELECT EQUIP--
AUTOMATION
118 GENERAL FUND 85,801 85,801
ENTERPRISE BUSINESS
SYSTEM.
119 ARMY TRAINING 12,823 12,823
MODERNIZATION.
120 AUTOMATED DATA 254,723 239,723
PROCESSING EQUIP.
Program Reduction. [-15,000]
121 CSS COMMUNICATIONS... 33,749 33,749
122 RESERVE COMPONENT 39,675 39,675
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
123 AFRTS................
124 ITEMS LESS THAN $5.0M 2,709 2,709
(A/V).
125 ITEMS LESS THAN $5M 5,172 5,172
(SURVEYING
EQUIPMENT).
ELECT EQUIP--MODS
TACTICAL SYS/EQ
126 WEAPONIZATION OF
UNMANNED AERIAL
SYSTEM (UAS).
ELECT EQUIP--SUPPORT
127 ITEMS UNDER $5M (SSE)
128 PRODUCTION BASE 518 518
SUPPORT (C-E).
CLASSIFIED PROGRAMS.. 2,522 2,522
OTHER SUPPORT
EQUIPMENT
CHEMICAL DEFENSIVE
EQUIPMENT
129 PROTECTIVE SYSTEMS... 2,081 2,081
130 CBRN SOLDIER 108,334 108,334
PROTECTION.
131 SMOKE & OBSCURANT 7,135 7,135
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
132 TACTICAL BRIDGING.... 58,509 58,509
133 TACTICAL BRIDGE, 135,015 135,015
FLOAT-RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
134 HANDHELD STANDOFF 42,264 42,264
MINEFIELD DETECTION
SYS-HST.
135 GRND STANDOFF MINE 56,123 59,123
DETECTION SYSTEM
(GSTAMIDS.
FIDO explosives [3,000]
detector.
136 EXPLOSIVE ORDNANCE 49,333 49,333
DISPOSAL EQPMT (EOD
EQPMT).
137 < $5M, COUNTERMINE 3,479 3,479
EQUIPMENT.
138 AERIAL DETECTION..... 11,200 200
Funding ahead of [-11,000]
need.
COMBAT SERVICE
SUPPORT EQUIPMENT
139 HEATERS AND ECU'S.... 11,924 11,924
140 LAUNDRIES, SHOWERS
AND LATRINES.
141 SOLDIER ENHANCEMENT.. 4,071 4,071
142 LIGHTWEIGHT
MAINTENANCE
ENCLOSURE (LME).
142A LAND WARRIOR.........
143 PERSONNEL RECOVERY 6,981 6,981
SUPPORT SYSTEM
(PRSS).
144 GROUND SOLDIER SYSTEM 1,809 1,809
145 MOUNTED SOLDIER 1,085 1,085
SYSTEM.
146 FORCE PROVIDER.......
147 FIELD FEEDING 57,872 57,872
EQUIPMENT.
148 CARGO AERIAL DEL & 66,381 66,381
PERSONNEL PARACHUTE
SYSTEM.
149 MOBILE INTEGRATED 16,585 16,585
REMAINS COLLECTION
SYSTEM:.
150 ITEMS LESS THAN $5M 25,531 25,531
(ENG SPT).
PETROLEUM EQUIPMENT
151 QUALITY SURVEILLANCE
EQUIPMENT.
152 DISTRIBUTION SYSTEMS, 84,019 84,019
PETROLEUM & WATER.
WATER EQUIPMENT
153 WATER PURIFICATION 7,173 7,173
SYSTEMS.
MEDICAL EQUIPMENT
154 COMBAT SUPPORT 33,694 37,694
MEDICAL.
Combat casualty [3,000]
care equipment
upgrade program.
Life Support for [1,000]
Trauma and
Transport (LSTAT).
MAINTENANCE EQUIPMENT
155 MOBILE MAINTENANCE 137,002 137,002
EQUIPMENT SYSTEMS.
156 ITEMS LESS THAN $5.0M 812 812
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
157 GRADER, ROAD MTZD, 50,897 50,897
HVY, 6X4 (CCE).
158 SKID STEER LOADER 18,387 18,387
(SSL) FAMILY OF
SYSTEM.
159 SCRAPERS, EARTHMOVING
160 DISTR, WATER, SP MIN
2500G SEC/NON-SEC.
161 MISSION MODULES-- 44,420 44,420
ENGINEERING.

[[Page 123 STAT. 2733]]

162 LOADERS.............. 20,824 20,824
163 HYDRAULIC EXCAVATOR.. 18,785 18,785
164 TRACTOR, FULL TRACKED 50,102 50,102
165 CRANES...............
166 PLANT, ASPHALT MIXING 12,915 12,915
167 HIGH MOBILITY 36,451 36,451
ENGINEER EXCAVATOR
(HMEE) FOS.
168 CONST EQUIP ESP...... 8,391 8,391
169 ITEMS LESS THAN $5.0M 12,562 12,562
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
170 JOINT HIGH SPEED 183,666 183,666
VESSEL (JHSV).
171 HARBORMASTER COMMAND 10,962 10,962
AND CONTROL CENTER
(HCCC.
172 ITEMS LESS THAN $5.0M 6,785 6,785
(FLOAT/RAIL).
GENERATORS
173 GENERATORS AND 146,067 146,067
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
174 ROUGH TERRAIN 41,239 41,239
CONTAINER HANDLER
(RTCH).
175 ALL TERRAIN LIFTING 44,898 44,898
ARMY SYSTEM.
TRAINING EQUIPMENT
176 COMBAT TRAINING 22,967 22,967
CENTERS SUPPORT.
177 TRAINING DEVICES, 261,348 276,698
NONSYSTEM.
Operator driving [350]
simulator.
Joint fires & [5,000]
effects training
systems (JFETS).
Virtual [4,000]
interactive combat
environment (VICE).
Mobile Firing [1,500]
Range--TX ARNG.
Virtual [2,000]
Interactive Combat
Environment
(V.I.C.E.)
Training System--
VA ARNG.
Immersive Group [2,500]
Simulation Virtual
Training Systems
for the Hawaii
ARNG.
178 CLOSE COMBAT TACTICAL 65,155 65,155
TRAINER.
179 AVIATION COMBINED 12,794 12,794
ARMS TACTICAL
TRAINER (AVCA.
180 GAMING TECHNOLOGY IN 7,870 7,870
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
181 CALIBRATION SETS 16,844 16,844
EQUIPMENT.
182 INTEGRATED FAMILY OF 101,320 101,320
TEST EQUIPMENT
(IFTE).
183 TEST EQUIPMENT 15,526 15,526
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 21,770 21,770
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 49,758 49,758
SYSTEMS (OPA3).
186 BASE LEVEL COM'L 1,303 1,303
EQUIPMENT.
187 MODIFICATION OF IN- 53,884 53,884
SVC EQUIPMENT (OPA-
3).
188 PRODUCTION BASE 3,050 3,050
SUPPORT (OTH).
189 BUILDING, PRE-FAB,
RELOCATABLE.
190 SPECIAL EQUIPMENT FOR 45,516 45,516
USER TESTING.
191 AMC CRITICAL ITEMS 12,232 12,232
OPA3.
192 MA8975............... 4,492 4,492
SPARES AND REPAIR
PARTS
OPA2
193 INITIAL SPARES--C&E.. 25,867 25,867
194 WIN-T INCREMENT 2 9,758 9,758
SPARES.
194a Procurement of
computer services /
systems.

TOTAL--OTHER 9,907,151 9,450,863
PROCUREMENT, ARMY.

JOINT IMPROVISED
EXPLOSIVE DEVICE
DEFEAT FUND
NETWORK ATTACK
001 ATTACK THE NETWORK... 203,100 0
Transfer to OCO... [-203,100]
JIEDDO DEVICE DEFEAT
002 DEFEAT THE DEVICE.... 199,100 0
Transfer to OCO... [-199,100]
FORCE TRAINING
003 TRAIN THE FORCE...... 41,100 0
Transfer to OCO... [-41,100]
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 121,550 0
Transfer to OCO... [-121,550]

[[Page 123 STAT. 2734]]

TOTAL--JOINT IED 564,850 0
DEFEAT FUND.

AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 AV-8B (V/STOL)
HARRIER.
002 EA-18G............... 1,611,837 1,611,837
003 ADVANCE 20,559 20,559
PROCUREMENT (CY).
004 F/A-18E/F (FIGHTER) 1,009,537 1,521,817
HORNET.
Additional [512,280]
aircraft.
005 ADVANCE 51,431 159,431
PROCUREMENT (CY).
EOQ for MYP III.... [108,000]
006 JOINT STRIKE FIGHTER. 3,997,048 3,997,048
007 ADVANCE 481,000 481,000
PROCUREMENT (CY).
008 V-22 (MEDIUM LIFT)... 2,215,829 2,215,829
009 ADVANCE 84,342 84,342
PROCUREMENT (CY).
010 UH-1Y/AH-1Z.......... 709,801 609,801
UH-1Y/AH-1Z [-100,000]
Program Reduction.
011 ADVANCE 70,550 70,550
PROCUREMENT (CY).
012 MH-60S (MYP)......... 414,145 414,145
013 ADVANCE 78,830 78,830
PROCUREMENT (CY).
014 MH-60R............... 811,781 811,781
015 ADVANCE 131,504 131,504
PROCUREMENT (CY).
016 P-8A POSEIDON........ 1,664,525 1,664,525
017 ADVANCE PROCUREMENT 160,526 149,646
(CY).
Excessive advance [-7,680]
procurement growth.
Funding for [-3,200]
production line
slots.
018 E-2D ADV HAWKEYE..... 511,245 511,245
019 ADVANCE 94,924 94,924
PROCUREMENT (CY).
AIRLIFT AIRCRAFT
020 C-40A................ 74,381 74,381
TRAINER AIRCRAFT
021 T-45TS (TRAINER)
GOSHAWK.
022 JPATS................ 266,539 266,539
OTHER AIRCRAFT
023 KC-130J..............
024 ADVANCE
PROCUREMENT (CY).
025 RQ-7 UAV............. 56,797 53,797
Attrition vehicles [-3,000]
026 MQ-8 UAV............. 77,616 77,616
027 OTHER SUPPORT
AIRCRAFT.
MODIFICATION OF
AIRCRAFT
028 EA-6 SERIES.......... 39,977 39,977
029 AV-8 SERIES.......... 35,668 35,668
030 F-18 SERIES.......... 484,129 480,729
Excessive growth [-3,400]
of IR Marker ECP.
031 H-46 SERIES.......... 35,325 35,325
032 AH-1W SERIES......... 66,461 66,461
033 H-53 SERIES.......... 68,197 68,197
034 SH-60 SERIES......... 82,253 82,253
035 H-1 SERIES........... 20,040 20,040
036 EP-3 SERIES.......... 92,530 92,530
037 P-3 SERIES........... 485,171 445,571
P-3 Series Program [-39,600]
Reduction.
038 S-3 SERIES...........
039 E-2 SERIES........... 22,853 22,853
040 TRAINER A/C SERIES... 20,907 20,907
041 C-2A................. 21,343 21,343
042 C-130 SERIES......... 22,449 22,449
043 FEWSG................ 9,486 9,486
044 CARGO/TRANSPORT A/C 19,429 19,429
SERIES.
045 E-6 SERIES........... 102,646 102,646
046 EXECUTIVE HELICOPTERS 42,456 42,456
SERIES.
047 SPECIAL PROJECT 14,869 14,869
AIRCRAFT.
048 T-45 SERIES.......... 51,484 51,484
049 POWER PLANT CHANGES.. 26,395 26,395
050 JPATS SERIES......... 4,922 4,922

[[Page 123 STAT. 2735]]

051 AVIATION LIFE SUPPORT 5,594 5,594
MODS.
052 COMMON ECM EQUIPMENT. 47,419 49,419
Crane Integrated [2,000]
Defensive
Countermeasures
(IDECM) Depot
Capability.
053 COMMON AVIONICS 151,112 151,112
CHANGES.
054 COMMON DEFENSIVE
WEAPON SYSTEM.
055 ID SYSTEMS........... 24,125 24,125
056 V-22 (TILT/ROTOR 24,502 24,502
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
057 SPARES AND REPAIR 1,264,012 1,262,412
PARTS.
UH-1Y/AH-1Z [-1,600]
reduction.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
058 COMMON GROUND 363,588 363,588
EQUIPMENT.
059 AIRCRAFT INDUSTRIAL 11,075 11,075
FACILITIES.
060 WAR CONSUMABLES...... 55,406 55,406
061 OTHER PRODUCTION 23,861 23,861
CHARGES.
062 SPECIAL SUPPORT 42,147 42,147
EQUIPMENT.
063 FIRST DESTINATION 1,734 1,734
TRANSPORTATION.
064 CANCELLED ACCOUNT
ADJUSTMENTS.

TOTAL--AIRCRAFT 18,378,312 18,842,112
PROCUREMENT, NAVY.

WEAPONS PROCUREMENT,
NAVY
BALLISTIC MISSILES
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,060,504 1,060,504
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 3,447 3,447
FACILITIES.
OTHER MISSILES
STRATEGIC MISSILES
003 TOMAHAWK............. 283,055 283,055
TACTICAL MISSILES
004 AMRAAM............... 145,506 140,506
Diminished [-5,000]
manufacturing
sources funding
ahead of need.
005 SIDEWINDER........... 56,845 56,845
006 JSOW................. 145,336 145,336
007 SLAM-ER..............
008 STANDARD MISSILE..... 249,233 249,233
009 RAM.................. 74,784 74,784
010 HELLFIRE............. 59,411 59,411
011 AERIAL TARGETS....... 47,003 47,003
012 OTHER MISSILE SUPPORT 3,928 3,928
MODIFICATION OF
MISSILES
013 ESSM................. 51,388 51,388
014 HARM MODS............ 47,973 47,973
015 STANDARD MISSILES 81,451 81,451
MODS.
SUPPORT EQUIPMENT &
FACILITIES
016 WEAPONS INDUSTRIAL 3,211 13,211
FACILITIES.
Accelerate [10,000]
facility
restoration
program.
017 FLEET SATELLITE COMM 487,280 487,280
FOLLOW-ON.
018 ADVANCE 28,847 28,847
PROCUREMENT (CY).
ORDNANCE SUPPORT
EQUIPMENT
019 ORDNANCE SUPPORT 48,883 48,883
EQUIPMENT.
TORPEDOES AND RELATED
EQUIPMENT
TORPEDOES AND RELATED
EQUIP.
020 SSTD.................
021 ASW TARGETS.......... 9,288 9,288
MOD OF TORPEDOES AND
RELATED EQUIP
022 MK-46 TORPEDO MODS... 94,159 87,023
Support funding [-7,136]
carryover.
023 MK-48 TORPEDO ADCAP 61,608 56,308
MODS.
Support funding [-5,300]
carryover.
024 QUICKSTRIKE MINE..... 4,680 4,680
SUPPORT EQUIPMENT
025 TORPEDO SUPPORT 39,869 39,869
EQUIPMENT.
026 ASW RANGE SUPPORT.... 10,044 10,044
DESTINATION
TRANSPORTATION

[[Page 123 STAT. 2736]]

027 FIRST DESTINATION 3,434 3,434
TRANSPORTATION.
OTHER WEAPONS
GUNS AND GUN MOUNTS
028 SMALL ARMS AND 12,742 12,742
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
029 CIWS MODS............ 158,896 158,896
030 COAST GUARD WEAPONS.. 21,157 21,157
031 GUN MOUNT MODS....... 30,761 30,761
032 LCS MODULE WEAPONS...
033 CRUISER MODERNIZATION 51,227 51,227
WEAPONS.
034 AIRBORNE MINE 12,309 12,309
NEUTRALIZATION
SYSTEMS.
OTHER
035 MARINE CORPS TACTIAL
UNMANNED AERIAL
SYSTEM.
036 CANCELLED ACCOUNT
ADJUSTMENTS.
SPARES AND REPAIR
PARTS
037 SPARES AND REPAIR 65,196 65,196
PARTS.

TOTAL--WEAPONS 3,453,455 3,446,019
PROCUREMENT, NAVY.

PROCUREMENT OF
AMMUNITION, NAVY &
MARINE CORPS
PROC AMMO, NAVY
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 75,227 75,227
002 JDAM................. 1,968 1,968
003 AIRBORNE ROCKETS, ALL 38,643 38,643
TYPES.
004 MACHINE GUN 19,622 12,062
AMMUNITION.
20MM linkless TP [-2,900]
cost growth.
20MM linked TP [-1,990]
cost growth.
20MM linked HEI [-2,670]
cost growth.
005 PRACTICE BOMBS....... 33,803 24,503
Enhanced laser [-9,300]
guided training
round cost growth.
006 CARTRIDGES & CART 50,600 50,600
ACTUATED DEVICES.
007 AIR EXPENDABLE 79,102 69,302
COUNTERMEASURES.
MJU-55 production [-9,800]
termination.
008 JATOS................ 3,230 3,230
009 5 INCH/54 GUN 27,483 27,483
AMMUNITION.
010 INTERMEDIATE CALIBER 25,974 25,974
GUN AMMUNITION.
011 OTHER SHIP GUN 35,934 35,934
AMMUNITION.
012 SMALL ARMS & LANDING 43,490 43,490
PARTY AMMO.
013 PYROTECHNIC AND 10,623 10,623
DEMOLITION.
014 AMMUNITION LESS THAN 3,214 3,214
$5 MILLION.
PROC AMMO, MC
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 87,781 87,781
016 LINEAR CHARGES, ALL 23,582 23,582
TYPES.
017 40 MM, ALL TYPES..... 57,291 57,291
018 60MM, ALL TYPES...... 22,037 22,037
019 81MM, ALL TYPES...... 54,869 54,869
020 120MM, ALL TYPES..... 29,579 29,579
021 CTG 25MM, ALL TYPES.. 2,259 2,259
022 GRENADES, ALL TYPES.. 10,694 10,694
023 ROCKETS, ALL TYPES... 13,948 13,948
024 ARTILLERY, ALL TYPES. 57,948 57,948
025 EXPEDITIONARY
FIGHTING VEHICLE.
026 DEMOLITION MUNITIONS, 14,886 14,886
ALL TYPES.
027 FUZE, ALL TYPES...... 575 575
028 NON LETHALS.......... 3,034 3,034
029 AMMO MODERNIZATION... 8,886 8,886
030 ITEMS LESS THAN $5 4,393 4,393
MILLION.

TOTAL--PROCUREMENT OF 840,675 814,015
AMMUNITION, NAVY &
MARINE CORPS.

SHIPBUILDING AND
CONVERSION, NAVY
OTHER WARSHIPS
001 CARRIER REPLACEMENT 739,269 739,269
PROGRAM.

[[Page 123 STAT. 2737]]

002 ADVANCE 484,432 484,432
PROCUREMENT (CY).
003 VIRGINIA CLASS 1,964,317 1,964,317
SUBMARINE.
004 ADVANCE 1,959,725 1,959,725
PROCUREMENT (CY).
005 CVN REFUELING 1,563,602 1,563,602
OVERHAULS.
006 ADVANCE 211,820 211,820
PROCUREMENT (CY).
007 SSBN ERO.............
008 ADVANCE
PROCUREMENT (CY).
009 DDG 1000............. 1,084,161 1,084,161
010 ADVANCE
PROCUREMENT (CY).
011 DDG-51............... 1,912,267 1,912,267
012 ADVANCE 328,996 328,996
PROCUREMENT (CY).
013 LITTORAL COMBAT SHIP. 1,380,000 1,380,000
AMPHIBIOUS SHIPS
014 LPD-17............... 872,392 872,392
015 ADVANCE 184,555 184,555
PROCUREMENT (CY).
016 LHA REPLACEMENT......
017 ADVANCE
PROCUREMENT (CY).
018 INTRATHEATER 177,956 177,956
CONNECTOR.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
019 OUTFITTING........... 391,238 391,238
020 SERVICE CRAFT........ 3,694 3,694
021 LCAC SLEP............ 63,857 63,857
022 COMPLETION OF PY 454,586 454,586
SHIPBUILDING
PROGRAMS.

TOTAL--SHIPBUILDING 13,776,867 13,776,867
AND CONVERSION, NAVY.

OTHER PROCUREMENT,
NAVY
SHIPS SUPPORT
EQUIPMENT
SHIP PROPULSION
EQUIPMENT
001 LM-2500 GAS TURBINE.. 8,014 8,014
002 ALLISON 501K GAS 9,162 9,162
TURBINE.
003 OTHER PROPULSION
EQUIPMENT.
NAVIGATION EQUIPMENT
004 OTHER NAVIGATION 34,743 34,743
EQUIPMENT.
PERISCOPES
005 SUB PERISCOPES & 75,127 70,127
IMAGING EQUIP.
Digital periscope [-5,000]
contract delay.
OTHER SHIPBOARD
EQUIPMENT
006 DDG MOD.............. 142,262 142,262
007 FIREFIGHTING 11,423 14,523
EQUIPMENT.
Smart valves for [3,100]
fire suppression.
008 COMMAND AND CONTROL 4,383 4,383
SWITCHBOARD.
009 POLLUTION CONTROL 24,992 24,992
EQUIPMENT.
010 SUBMARINE SUPPORT 16,867 16,867
EQUIPMENT.
011 VIRGINIA CLASS 103,153 103,153
SUPPORT EQUIPMENT.
012 SUBMARINE BATTERIES.. 51,482 51,482
013 STRATEGIC PLATFORM 15,672 15,672
SUPPORT EQUIP.
014 DSSP EQUIPMENT....... 10,641 10,641
015 CG MODERNIZATION..... 315,323 315,323
016 LCAC................. 6,642 6,642
017 MINESWEEPING
EQUIPMENT.
018 UNDERWATER EOD 19,232 19,232
PROGRAMS.
019 ITEMS LESS THAN $5 127,554 124,430
MILLION.
CVN auto voltage [-3,124]
regulators ahead
of need.
020 CHEMICAL WARFARE 8,899 8,899
DETECTORS.
021 SUBMARINE LIFE 14,721 14,721
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
022 REACTOR POWER UNITS..
023 REACTOR COMPONENTS... 262,354 262,354
OCEAN ENGINEERING
024 DIVING AND SALVAGE 5,304 5,304
EQUIPMENT.
SMALL BOATS
025 STANDARD BOATS....... 35,318 35,318
TRAINING EQUIPMENT
026 OTHER SHIPS TRAINING 15,113 15,113
EQUIPMENT.
PRODUCTION FACILITIES
EQUIPMENT
027 OPERATING FORCES IPE. 47,172 47,172

[[Page 123 STAT. 2738]]

OTHER SHIP SUPPORT
028 NUCLEAR ALTERATIONS.. 136,683 136,683
029 LCS MODULES.......... 137,259 137,259
LOGISTIC SUPPORT
030 LSD MIDLIFE.......... 117,856 117,856
COMMUNICATIONS AND
ELECTRONICS
EQUIPMENT
SHIP RADARS
031 RADAR SUPPORT........ 9,968 9,968
032 SPQ-9B RADAR......... 13,476 13,476
033 AN/SQQ-89 SURF ASW 111,093 95,593
COMBAT SYSTEM.
SQQ-89 backfit [-15,500]
suites ahead of
need.
034 SSN ACOUSTICS........ 299,962 303,962
TB-33 thinline [4,000]
towed array.
035 UNDERSEA WARFARE 38,705 38,705
SUPPORT EQUIPMENT.
036 SONAR SWITCHES AND 13,537 13,537
TRANSDUCERS.
ASW ELECTRONIC
EQUIPMENT
037 SUBMARINE ACOUSTIC 20,681 20,681
WARFARE SYSTEM.
038 SSTD................. 2,184 2,184
039 FIXED SURVEILLANCE 63,017 63,017
SYSTEM.
040 SURTASS.............. 24,108 24,108
041 TACTICAL SUPPORT 22,464 22,464
CENTER.
ELECTRONIC WARFARE
EQUIPMENT
042 AN/SLQ-32............ 34,264 34,264
RECONNAISSANCE
EQUIPMENT
043 SHIPBOARD IW EXPLOIT. 105,883 105,883
SUBMARINE
SURVEILLANCE
EQUIPMENT
044 SUBMARINE SUPPORT 98,645 83,495
EQUIPMENT PROG.
Multi-function [-15,150]
modular mast units
ahead of need.
OTHER SHIP ELECTRONIC
EQUIPMENT
045 NAVY TACTICAL DATA
SYSTEM.
046 COOPERATIVE 30,522 30,522
ENGAGEMENT
CAPABILITY.
047 GCCS-M EQUIPMENT..... 13,594 13,594
048 NAVAL TACTICAL 35,933 35,933
COMMAND SUPPORT
SYSTEM (NTCSS).
049 ATDLS................ 7,314 7,314
050 MINESWEEPING SYSTEM 79,091 74,291
REPLACEMENT.
RMS restructure... [-4,800]
051 SHALLOW WATER MCM.... 7,835 7,835
052 NAVSTAR GPS RECEIVERS 10,845 10,845
(SPACE).
053 ARMED FORCES RADIO 3,333 3,333
AND TV.
054 STRATEGIC PLATFORM 4,149 4,149
SUPPORT EQUIP.
TRAINING EQUIPMENT
055 OTHER TRAINING 36,784 36,784
EQUIPMENT.
AVIATION ELECTRONIC
EQUIPMENT
056 MATCALS.............. 17,468 17,468
057 SHIPBOARD AIR TRAFFIC 7,970 7,970
CONTROL.
058 AUTOMATIC CARRIER 18,878 18,878
LANDING SYSTEM.
059 NATIONAL AIR SPACE 28,988 28,988
SYSTEM.
060 AIR STATION SUPPORT 8,203 8,203
EQUIPMENT.
061 MICROWAVE LANDING 10,526 10,526
SYSTEM.
062 ID SYSTEMS........... 38,682 38,682
063 TAC A/C MISSION 9,102 9,102
PLANNING SYS(TAMPS).
OTHER SHORE
ELECTRONIC EQUIPMENT
064 DEPLOYABLE JOINT 8,719 11,719
COMMAND AND CONT.
Shelter Upgrade [3,000]
Program.
065 TADIX-B.............. 793 793
066 GCCS-M EQUIPMENT 11,820 11,820
TACTICAL/MOBILE.
067 COMMON IMAGERY GROUND 27,632 27,632
SURFACE SYSTEMS.
068 CANES................ 1,181 1,181
069 RADIAC............... 5,990 5,990
070 GPETE................ 3,737 3,737
071 INTEG COMBAT SYSTEM 4,423 4,423
TEST FACILITY.
072 EMI CONTROL 4,778 4,778
INSTRUMENTATION.
073 ITEMS LESS THAN $5 65,760 65,760
MILLION.
SHIPBOARD
COMMUNICATIONS
074 SHIPBOARD TACTICAL
COMMUNICATIONS.
075 PORTABLE RADIOS......
076 SHIP COMMUNICATIONS 310,605 290,305
AUTOMATION.

[[Page 123 STAT. 2739]]

Shipboard network [-20,300]
systems ahead of
need.
077 AN/URC-82 RADIO...... 4,913 4,913
078 COMMUNICATIONS ITEMS 25,314 25,314
UNDER $5M.
SUBMARINE
COMMUNICATIONS
079 SUBMARINE BROADCAST 105 105
SUPPORT.
080 SUBMARINE 48,729 48,729
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
081 SATELLITE 50,172 50,172
COMMUNICATIONS
SYSTEMS.
082 NAVY MULTIBAND 72,496 72,496
TERMINAL (NMT).
SHORE COMMUNICATIONS
083 JCS COMMUNICATIONS 2,322 2,322
EQUIPMENT.
084 ELECTRICAL POWER 1,293 1,293
SYSTEMS.
085 NAVAL SHORE 2,542 2,542
COMMUNICATIONS.
CRYPTOGRAPHIC
EQUIPMENT
086 INFO SYSTEMS SECURITY 119,054 119,054
PROGRAM (ISSP).
087 CRYPTOLOGIC 16,839 16,839
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
088 COAST GUARD EQUIPMENT 18,892 18,892
DRUG INTERDICTION
SUPPORT
089 OTHER DRUG
INTERDICTION SUPPORT.
AVIATION SUPPORT
EQUIPMENT
SONOBUOYS
090 SONOBUOYS--ALL TYPES. 91,976 91,976
AIRCRAFT SUPPORT
EQUIPMENT
091 WEAPONS RANGE SUPPORT 75,329 75,329
EQUIPMENT.
092 EXPEDITIONARY 8,343 8,343
AIRFIELDS.
093 AIRCRAFT REARMING 12,850 12,850
EQUIPMENT.
094 AIRCRAFT LAUNCH & 48,670 46,849
RECOVERY EQUIPMENT.
ADMACS Block II [-1,821]
upgrade cost
growth.
095 METEOROLOGICAL 21,458 21,458
EQUIPMENT.
096 OTHER PHOTOGRAPHIC 1,582 1,582
EQUIPMENT.
097 AVIATION LIFE SUPPORT 27,367 32,367
Multi Climate [5,000]
Protection System.
098 AIRBORNE MINE 55,408 55,408
COUNTERMEASURES.
099 LAMPS MK III 23,694 23,694
SHIPBOARD EQUIPMENT.
100 PORTABLE ELECTRONIC 9,710 9,710
MAINTENANCE AIDS.
101 OTHER AVIATION 16,541 16,541
SUPPORT EQUIPMENT.
ORDNANCE SUPPORT
EQUIPMENT
SHIP GUN SYSTEM
EQUIPMENT
102 NAVAL FIRES CONTROL 1,391 1,391
SYSTEM.
103 GUN FIRE CONTROL 7,891 7,891
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
104 NATO SEASPARROW...... 13,556 13,556
105 RAM GMLS............. 7,762 7,762
106 SHIP SELF DEFENSE 34,079 34,079
SYSTEM.
107 AEGIS SUPPORT 108,886 108,886
EQUIPMENT.
108 TOMAHAWK SUPPORT 88,475 88,475
EQUIPMENT.
109 VERTICAL LAUNCH 5,513 5,513
SYSTEMS.
FBM SUPPORT EQUIPMENT
110 STRATEGIC MISSILE 155,579 155,579
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
111 SSN COMBAT CONTROL 118,528 118,528
SYSTEMS.
112 SUBMARINE ASW SUPPORT 5,200 5,200
EQUIPMENT.
113 SURFACE ASW SUPPORT 13,646 13,646
EQUIPMENT.
114 ASW RANGE SUPPORT 7,256 7,256
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
115 EXPLOSIVE ORDNANCE 54,069 54,069
DISPOSAL EQUIP.
116 ITEMS LESS THAN $5 3,478 3,478
MILLION.
OTHER EXPENDABLE
ORDNANCE
117 ANTI-SHIP MISSILE 37,128 37,128
DECOY SYSTEM.
118 SURFACE TRAINING 7,430 7,430
DEVICE MODS.
119 SUBMARINE TRAINING 25,271 25,271
DEVICE MODS.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
120 PASSENGER CARRYING 4,139 4,139
VEHICLES.
121 GENERAL PURPOSE 1,731 1,731
TRUCKS.
122 CONSTRUCTION & 12,931 12,931
MAINTENANCE EQUIP.
123 FIRE FIGHTING 12,976 12,976
EQUIPMENT.

[[Page 123 STAT. 2740]]

124 TACTICAL VEHICLES.... 25,352 25,352
125 AMPHIBIOUS EQUIPMENT. 2,950 2,950
126 POLLUTION CONTROL 5,097 5,097
EQUIPMENT.
127 ITEMS UNDER $5 23,787 23,787
MILLION.
128 PHYSICAL SECURITY 1,115 1,115
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
129 MATERIALS HANDLING 17,153 17,153
EQUIPMENT.
130 OTHER SUPPLY SUPPORT 6,368 6,368
EQUIPMENT.
131 FIRST DESTINATION 6,217 6,217
TRANSPORTATION.
132 SPECIAL PURPOSE 71,597 71,597
SUPPLY SYSTEMS.
PERSONNEL AND COMMAND
SUPPORT EQUIPMENT
TRAINING DEVICES
133 TRAINING SUPPORT 12,944 12,944
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
134 COMMAND SUPPORT 55,267 55,267
EQUIPMENT.
135 EDUCATION SUPPORT 2,084 2,084
EQUIPMENT.
136 MEDICAL SUPPORT 5,517 5,517
EQUIPMENT.
137 NAVAL MIP SUPPORT 1,537 1,537
EQUIPMENT.
139 OPERATING FORCES 12,250 12,250
SUPPORT EQUIPMENT.
140 C4ISR EQUIPMENT...... 5,324 5,324
141 ENVIRONMENTAL SUPPORT 18,183 18,183
EQUIPMENT.
142 PHYSICAL SECURITY 128,921 128,921
EQUIPMENT.
143 ENTERPRISE 79,747 79,747
INFORMATION
TECHNOLOGY.
OTHER
144 CANCELLED ACCOUNT
ADJUSTMENTS.
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 19,463 19,463
SPARES AND REPAIR
PARTS
145 SPARES AND REPAIR 247,796 247,796
PARTS.
145a Procurement of
computer services /
systems.

TOTAL--OTHER 5,661,176 5,610,581
PROCUREMENT, NAVY.

PROCUREMENT, MARINE
CORPS
WEAPONS AND COMBAT
VEHICLES
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 9,127 9,127
002 LAV PIP.............. 34,969 34,969
003 IMPROVED RECOVERY
VEHICLE (IRV).
004 M1A1 FIREPOWER
ENHANCEMENTS.
ARTILLERY AND OTHER
WEAPONS
005 EXPEDITIONARY FIRE 19,591 19,591
SUPPORT SYSTEM.
006 155MM LIGHTWEIGHT 7,420 7,420
TOWED HOWITZER.
007 HIGH MOBILITY 71,476 71,476
ARTILLERY ROCKET
SYSTEM.
008 WEAPONS AND COMBAT 25,949 25,949
VEHICLES UNDER $5
MILLION.
WEAPONS
009 MODULAR WEAPON SYSTEM
OTHER SUPPORT
010 MODIFICATION KITS.... 33,990 33,990
011 WEAPONS ENHANCEMENT 22,238 22,238
PROGRAM.
GUIDED MISSILES AND
EQUIPMENT
GUIDED MISSILES
012 GROUND BASED AIR 11,387 11,387
DEFENSE.
013 JAVELIN..............
014 FOLLOW ON TO SMAW.... 25,333 25,333
015 ANTI-ARMOR WEAPONS 71,225 71,225
SYSTEM-HEAVY (AAWS-
H).
OTHER SUPPORT
016 MODIFICATION KITS.... 2,114 2,114
COMMUNICATIONS &
ELECTRONICS
EQUIPMENT
COMMAND AND CONTROL
SYSTEMS
017 UNIT OPERATIONS 19,832 19,832
CENTER.
REPAIR AND TEST
EQUIPMENT
018 REPAIR AND TEST 31,087 31,087
EQUIPMENT.
OTHER SUPPORT (TEL)
019 COMBAT SUPPORT SYSTEM 11,368 11,368
020 MODIFICATION KITS....
COMMAND AND CONTROL
SYSTEM (NON-TEL)

[[Page 123 STAT. 2741]]

021 ITEMS UNDER $5 3,531 3,531
MILLION (COMM &
ELEC).
022 AIR OPERATIONS C2 45,084 45,084
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
023 RADAR SYSTEMS........ 7,428 7,428
INTELL/COMM EQUIPMENT
(NON-TEL)
024 FIRE SUPPORT SYSTEM.. 2,580 2,580
025 INTELLIGENCE SUPPORT 37,581 37,581
EQUIPMENT.
026 RQ-11 UAV............ 42,403 42,403
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
027 NIGHT VISION 10,360 10,360
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
028 COMMON COMPUTER 115,263 115,263
RESOURCES.
029 COMMAND POST SYSTEMS. 49,820 49,820
030 RADIO SYSTEMS........ 61,954 61,954
031 COMM SWITCHING & 98,254 98,254
CONTROL SYSTEMS.
032 COMM & ELEC 15,531 15,531
INFRASTRUCTURE
SUPPORT.
SUPPORT VEHICLES
ADMINISTRATIVE
VEHICLES
033 COMMERCIAL PASSENGER 1,265 1,265
VEHICLES.
034 COMMERCIAL CARGO 13,610 13,610
VEHICLES.
035 5/4T TRUCK HMMWV 9,796 9,796
(MYP).
036 MOTOR TRANSPORT 6,111 6,111
MODIFICATIONS.
037 MEDIUM TACTICAL 10,792 10,792
VEHICLE REPLACEMENT.
038 LOGISTICS VEHICLE 217,390 217,390
SYSTEM REP.
039 FAMILY OF TACTICAL 26,497 26,497
TRAILERS.
040 TRAILERS............. 18,122 18,122
OTHER SUPPORT
041 ITEMS LESS THAN $5 5,948 5,948
MILLION.
ENGINEER AND OTHER
EQUIPMENT
042 ENVIRONMENTAL CONTROL 5,121 5,121
EQUIP ASSORT.
043 BULK LIQUID EQUIPMENT 13,035 13,035
044 TACTICAL FUEL SYSTEMS 35,059 38,159
Nitrile Rubber [3,100]
Collapsible
Storage Units.
045 POWER EQUIPMENT 21,033 21,033
ASSORTED.
046 AMPHIBIOUS SUPPORT 39,876 39,876
EQUIPMENT.
047 EOD SYSTEMS.......... 93,335 93,335
MATERIALS HANDLING
EQUIPMENT
048 PHYSICAL SECURITY 12,169 12,169
EQUIPMENT.
049 GARRISON MOBILE 11,825 11,825
ENGINEER EQUIPMENT
(GMEE).
050 MATERIAL HANDLING 41,430 41,430
EQUIP.
051 FIRST DESTINATION 5,301 5,301
TRANSPORTATION.
GENERAL PROPERTY
052 FIELD MEDICAL 6,811 6,811
EQUIPMENT.
053 TRAINING DEVICES..... 14,854 14,854
054 CONTAINER FAMILY..... 3,770 3,770
055 FAMILY OF 37,735 37,735
CONSTRUCTION
EQUIPMENT.
056 FAMILY OF INTERNALLY 10,360 10,360
TRANSPORTABLE VEH
(ITV).
057 BRIDGE BOATS.........
058 RAPID DEPLOYABLE 2,159 2,159
KITCHEN.
OTHER SUPPORT
059 ITEMS LESS THAN $5 8,792 8,792
MILLION.
SPARES AND REPAIR
PARTS
060 SPARES AND REPAIR 41,547 41,547
PARTS.

TOTAL--PROCUREMENT, 1,600,638 1,603,738
MARINE CORPS.

AIRCRAFT PROCUREMENT,
AIR FORCE
COMBAT AIRCRAFT
TACTICAL FORCES
001 F-35................. 2,048,830 2,178,830
F136 engine [130,000]
procurement.
002 ADVANCE PROCUREMENT 300,600 278,600
(CY).
Reduction of 2 [-22,000]
aircraft
previously funded
in fiscal year
2009.
003 F-22A................ 95,163 95,163
004 ADVANCE
PROCUREMENT (CY).
AIRLIFT AIRCRAFT
TACTICAL AIRLIFT

[[Page 123 STAT. 2742]]

005 C-17A (MYP).......... 88,510 88,510
OTHER AIRLIFT
006 C-130J............... 285,632 285,632
007 ADVANCE 108,000 108,000
PROCUREMENT (CY).
008 HC/MC-130 RECAP...... 879,231 375,231
Funded in [-504,000]
fiscal year
2009
supplemental.
009 ADVANCE 137,360 137,360
PROCUREMENT (CY).
010 JOINT CARGO AIRCRAFT. 319,050 319,050
TRAINER AIRCRAFT
UPT TRAINERS
011 USAFA POWERED FLIGHT 4,144 4,144
PROGRAM.
OPERATIONAL TRAINERS
012 JPATS................ 15,711 15,711
OTHER AIRCRAFT
HELICOPTERS
013 V22 OSPREY........... 437,272 437,272
014 ADVANCE 13,835 13,835
PROCUREMENT (CY).
MISSION SUPPORT
AIRCRAFT
015 C-29A FLIGHT
INSPECTION ACFT.
016 C-12 A...............
017 C-40................. 154,044 259,294
Program Increase.. [105,250]
018 CIVIL AIR PATROL A/C. 2,426 2,426
OTHER AIRCRAFT
020 TARGET DRONES........ 78,511 78,511
021 C-37A................ 66,400 66,400
022 GLOBAL HAWK.......... 554,775 554,775
023 ADVANCE 113,049 113,049
PROCUREMENT (CY).
024 MQ-1.................
025 MQ-9................. 489,469 489,469
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 3,608 3,608
MODIFICATION OF IN-
SERVICE AIRCRAFT
STRATEGIC AIRCRAFT
026 B-2A................. 283,955 264,155
USAF requested [-19,800]
transfer to APAF
78A, B-2 Post
Production Support
for the B-2 Weapon
System Support
Center.
027 ADVANCE
PROCUREMENT (CY).
028 B-1B................. 107,558 78,558
Program delay for [-29,000]
various programs.
Funding
transferred to PE
11126F (RDAF 119).
029 B-52................. 78,788 61,466
Air Force [-17,322]
identified excess.
TACTICAL AIRCRAFT
030 A-10................. 252,488 252,488
031 F-15................. 92,921 143,421
5 AESA Radars..... [50,500]
032 F-16................. 224,642 221,875
Funding ahead of [-2,767]
need--BLOS
Installs.
033 F-22A................ 350,735 192,336
Common [-158,399]
Configuration--Ear
ly to need.
AIRLIFT AIRCRAFT
034 C-5.................. 606,993 578,993
Funding ahead of [-28,000]
need--RERP Install.
035 ADVANCE 108,300 108,300
PROCUREMENT (CY).
036 C-9C................. 10 10
037 C-17A................ 469,731 424,431
Funding requested [-45,300]
ahead of need.
038 C-21................. 562 562
039 C-32A................ 10,644 10,644
040 C-37A................ 4,336 4,336
TRAINER AIRCRAFT
041 GLIDER MODS.......... 119 119
042 T-6.................. 33,074 33,074
043 T-1.................. 35 35
044 T-38................. 75,274 61,057
Improved Brake [-14,217]
System Program
Termination.

[[Page 123 STAT. 2743]]

045 T-43.................
OTHER AIRCRAFT
046 KC-10A (ATCA)........ 9,441 9,441
047 C-12................. 472 472
048 MC-12W............... 63,000 63,000
049 C-20 MODS............ 734 734
050 VC-25A MOD........... 15,610 15,610
051 C-40................. 9,162 9,162
052 C-130................ 354,421 134,171
Scathe View Hyper- [4,500]
Spectral Imagery
Upgrade.
Senior Scout [3,750]
COMINT Capability
Upgrade.
Program Excess.... [-209,500]
Centerwing [-19,000]
Replacements--Earl
y to need.
053 C130J MODS........... 13,627 13,627
054 C-135................ 150,425 150,425
055 COMPASS CALL MODS.... 29,187 29,187
056 DARP................. 107,859 107,859
057 E-3.................. 79,263 79,263
058 E-4.................. 73,058 73,058
059 E-8.................. 225,973 225,973
060 H-1.................. 18,280 18,280
061 H-60................. 14,201 95,201
HH-60G AAQ-29 FLIR [81,000]
062 GLOBAL HAWK MODS..... 134,864 134,864
063 HC/MC-130 1,964 1,964
MODIFICATIONS.
064 OTHER AIRCRAFT....... 103,274 127,274
Litening ATP [24,000]
upgrade kits.
065 MQ-1 MODS............ 123,889 123,889
066 MQ-9 MODS............ 48,837 48,837
Reflect USAF
decision to change
sensor payload
067 CV-22 MODS........... 24,429 24,429
067A CAF Restructure......
AIRCRAFT SPARES +
REPAIR PARTS
068 INITIAL SPARES/REPAIR 418,604 418,604
PARTS.
AIRCRAFT SUPPORT
EQUIPMENT AND
FACILITIES
COMMON SUPPORT EQUIP
069 AIRCRAFT REPLACEMENT 105,820 105,820
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
070 B-1.................. 3,929 3,929
071 B-2A.................
072 B-2A................. 24,481 24,481
073 C-5.................. 2,259 2,259
074 C-5.................. 11,787 11,787
075 KC-10A (ATCA)........ 4,125 4,125
076 C-17A................ 91,400 0
Funding requested [-91,400]
ahead of need.
077 C-130................ 28,092 28,092
078 EC-130J.............. 5,283 5,283
078A B-2 POST PRODUCTION 19,800
SUPPORT.
USAF requested [19,800]
transfer from APAF
26 for the B-2
Weapon System
Support Center.
079 F-15................. 15,744 15,744
080 F-16................. 19,951 19,951
081 OTHER AIRCRAFT....... 51,980 51,980
082 T-1..................
INDUSTRIAL
PREPAREDNESS
083 INDUSTRIAL 25,529 25,529
RESPONSIVENESS.
WAR CONSUMABLES
084 WAR CONSUMABLES...... 134,427 134,427
OTHER PRODUCTION
CHARGES
085 OTHER PRODUCTION 490,344 490,344
CHARGES.
OTHER PRODUCTION
CHARGES--SOF
087 CANCELLED ACCT
ADJUSTMENTS.
DARP
088 DARP................. 15,323 15,323
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 19,443 19,443

[[Page 123 STAT. 2744]]

TOTAL--AIRCRAFT 11,966,276 11,224,371
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR
FORCE
PROCUREMENT OF AMMO,
AIR FORCE
ROCKETS
001 ROCKETS.............. 43,461 43,461
CARTRIDGES
002 CARTRIDGES........... 123,886 123,886
BOMBS
003 PRACTICE BOMBS....... 52,459 52,459
004 GENERAL PURPOSE BOMBS 225,145 225,145
005 JOINT DIRECT ATTACK 103,041 103,041
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD.............. 40,522 40,522
007 EXPLOSIVE ORDINANCE 3,302 3,302
DISPOSAL (EOD).
008 SPARES AND REPAIR 4,582 4,582
PARTS.
009 MODIFICATIONS........ 1,289 1,289
010 ITEMS LESS THAN 5,061 5,061
$5,000,000.
FUZES
011 FLARES............... 152,515 152,515
012 FUZES................ 61,037 61,037
WEAPONS
SMALL ARMS
013 SMALL ARMS........... 6,162 6,162

TOTAL--PROCUREMENT OF 822,462 822,462
AMMUNITION, AIR
FORCE.

MISSILE PROCUREMENT,
AIR FORCE
BALLISTIC MISSILES
MISSILE REPLACEMENT
EQUIPMENT-BALLISTIC
001 MISSILE REPLACEMENT 58,139 58,139
EQ-BALLISTIC.
OTHER MISSILES
TACTICAL
002 JASSM................ 52,666 52,666
003 SIDEWINDER (AIM-9X).. 78,753 78,753
004 AMRAAM............... 291,827 286,827
Funding ahead of [-5,000]
need for DMS.
005 PREDITOR HELLFIRE 79,699 64,530
MISSILE.
Updated pricing... [-15,169]
006 SMALL DIAMETER BOMB.. 134,801 134,801
INDUSTRIAL FACILITIES
007 INDUSTR'L PREPAREDNS/ 841 841
POL PREVENTION.
MODIFICATION OF IN-
SERVICE MISSILES
CLASS IV
008 ADVANCED CRUISE 32 32
MISSILE.
009 MM III MODIFICATIONS. 199,484 199,484
010 AGM-65D MAVERICK..... 258 258
011 AGM-88A HARM......... 30,280 30,280
012 AIR LAUNCH CRUISE
MISSILE (ALCM).
SPARES AND REPAIR
PARTS
MISSILE SPARES +
REPAIR PARTS
013 INITIAL SPARES/REPAIR 70,185 70,185
PARTS.
OTHER SUPPORT
SPACE PROGRAMS
014 ADVANCED EHF......... 1,843,475 1,843,475
015 ADVANCE
PROCUREMENT (CY).
016 WIDEBAND GAPFILLER 201,671 151,671
SATELLITES(SPACE).
Program delay..... [-50,000]
017 ADVANCE 62,380 62,380
PROCUREMENT (CY).
018 SPACEBORNE EQUIP 9,871 9,871
(COMSEC).
019 GLOBAL POSITIONING 53,140 53,140
(SPACE).
020 ADVANCE
PROCUREMENT (CY).
021 NUDET DETECTION
SYSTEM.
022 DEF METEOROLOGICAL 97,764 97,764
SAT PROG(SPACE).
023 TITAN SPACE
BOOSTERS(SPACE).
024 EVOLVED EXPENDABLE 1,295,325 1,102,225
LAUNCH VEH(SPACE).

[[Page 123 STAT. 2745]]

Reduction in [-88,100]
Requirement for
Launch Vehicles.
EELV reduction for [-105,000]
AFSPC 4.
025 MEDIUM LAUNCH
VEHICLE(SPACE).
026 SBIR HIGH (SPACE).... 307,456 307,456
027 ADVANCE 159,000 159,000
PROCUREMENT (CY).
028 NATL POLAR-ORBITING 3,900 3,900
OP ENV SATELLITE.
SPECIAL PROGRAMS
029 DEFENSE SPACE RECONN 105,152 105,152
PROGRAM.
031 SPECIAL UPDATE 311,070 311,070
PROGRAMS.
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 853,559 853,559

TOTAL--MISSILE 6,300,728 6,037,459
PROCUREMENT, AIR
FORCE.

OTHER PROCUREMENT,
AIR FORCE
VEHICULAR EQUIPMENT
CARGO + UTILITY
VEHICLES
002 MEDIUM TACTICAL 25,922 25,922
VEHICLE.
003 CAP VEHICLES......... 897 897
SPECIAL PURPOSE
VEHICLES
004 SECURITY AND TACTICAL 44,603 44,603
VEHICLES.
FIRE FIGHTING
EQUIPMENT
005 FIRE FIGHTING/CRASH 27,760 27,760
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
006 HALVERSEN LOADER.....
BASE MAINTENANCE
SUPPORT
007 RUNWAY SNOW REMOV AND 24,884 24,884
CLEANING EQU.
008 ITEMS LESS THAN 57,243 40,243
$5,000,000(VEHICLES).
Reduce program [-17,000]
growth.
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 18,163 18,163
ELECTRONICS AND
TELECOMMUNICATIONS
COMM SECURITY
EQUIPMENT(COMSEC)
009 COMSEC EQUIPMENT..... 209,249 209,249
010 MODIFICATIONS 1,570 1,570
(COMSEC).
INTELLIGENCE PROGRAMS
011 INTELLIGENCE TRAINING 4,230 4,230
EQUIPMENT.
012 INTELLIGENCE COMM 21,965 27,465
EQUIPMENT.
Eagle Vision-ANG.. [4,000]
Eagle Vision [1,500]
Upgrade-ANG.
ELECTRONICS PROGRAMS
013 AIR TRAFFIC CONTROL & 22,591 22,591
LANDING SYS.
014 NATIONAL AIRSPACE 47,670 47,670
SYSTEM.
015 THEATER AIR CONTROL 56,776 56,776
SYS IMPROVEMEN.
016 WEATHER OBSERVATION 19,357 19,357
FORECAST.
017 STRATEGIC COMMAND AND 35,116 35,116
CONTROL.
018 CHEYENNE MOUNTAIN 28,608 28,608
COMPLEX.
019 DRUG INTERDICTION SPT 452 452
SPCL COMM-ELECTRONICS
PROJECTS
020 GENERAL INFORMATION 111,282 111,282
TECHNOLOGY.
021 AF GLOBAL COMMAND & 15,499 15,499
CONTROL SYS.
022 MOBILITY COMMAND AND 8,610 8,610
CONTROL.
023 AIR FORCE PHYSICAL 137,293 77,293
SECURITY SYSTEM.
Weapons Storage [-60,000]
Area--Request
ahead of need.
024 COMBAT TRAINING 40,633 44,633
RANGES.
Unmanned modular [3,000]
threat emitter
(UMTE).
Joint threat [1,000]
emitter (JTE).
025 C3 COUNTERMEASURES... 8,177 8,177
026 GCSS-AF FOS.......... 81,579 81,579
027 THEATER BATTLE MGT C2 29,687 29,687
SYSTEM.
028 AIR & SPACE 54,093 54,093
OPERATIONS CTR-WPN
SYS.
AIR FORCE
COMMUNICATIONS
029 BASE INFO 433,859 384,859
INFRASTRUCTURE.
Excess funding.... [-49,000]
030 USCENTCOM............ 38,958 38,958
031 AUTOMATED
TELECOMMUNICATIONS
PRG.
DISA PROGRAMS

[[Page 123 STAT. 2746]]

032 SPACE BASED IR SENSOR 34,440 34,440
PGM SPACE.
033 NAVSTAR GPS SPACE.... 6,415 6,415
034 NUDET DETECTION SYS 15,436 15,436
SPACE.
035 AF SATELLITE CONTROL 58,865 58,865
NETWORK SPACE.
036 SPACELIFT RANGE 100,275 100,275
SYSTEM SPACE.
037 MILSATCOM SPACE...... 110,575 110,575
038 SPACE MODS SPACE..... 30,594 30,594
039 COUNTERSPACE SYSTEM.. 29,793 29,793
ORGANIZATION AND BASE
040 TACTICAL C-E 240,890 207,890
EQUIPMENT.
Reduce Vehicle [-33,000]
Communication
Systems.
041 COMBAT SURVIVOR 35,029 35,029
EVADER LOCATER.
042 RADIO EQUIPMENT...... 15,536 15,536
043 TV EQUIPMENT (AFRTV).
044 CCTV/AUDIOVISUAL 12,961 12,961
EQUIPMENT.
045 BASE COMM 121,049 121,049
INFRASTRUCTURE.
MODIFICATIONS
046 COMM ELECT MODS...... 64,087 64,087
OTHER BASE
MAINTENANCE AND
SUPPORT EQUIP
PERSONAL SAFETY &
RESCUE EQUIP
047 NIGHT VISION GOGGLES. 28,226 28,226
048 ITEMS LESS THAN 17,223 17,223
$5,000,000 (SAFETY).
DEPOT PLANT+MTRLS
HANDLING EQ
049 MECHANIZED MATERIAL 15,449 15,449
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
050 BASE PROCURED 14,300 14,300
EQUIPMENT.
051 CONTINGENCY 22,973 10,000
OPERATIONS.
Reduce program [-12,973]
growth.
052 PRODUCTIVITY CAPITAL 3,020 3,020
INVESTMENT.
053 MOBILITY EQUIPMENT... 32,855 32,855
054 ITEMS LESS THAN 8,195 11,195
$5,000,000 (BASE S).
Aircrew Body Armor [3,000]
and Load Carriage
Vest.
SPECIAL SUPPORT
PROJECTS
056 DARP RC135........... 23,132 23,132
057 DISTRIBUTED GROUND 293,640 293,640
SYSTEMS.
059 SPECIAL UPDATE 471,234 471,234
PROGRAM.
060 DEFENSE SPACE 30,041 30,041
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 13,830,722 13,830,722
SPARES AND REPAIR
PARTS
061 SPARES AND REPAIR 19,460 19,460
PARTS.
061a Procurement of
computer services /
systems.

TOTAL--OTHER 17,293,141 17,133,668
PROCUREMENT, AIR
FORCE.

MINE RESISTANT AMBUSH
PROT VEH FUND
MINE RESISTANT AMBUSH 600,000
PROT VEH FUND.......
Additional MRAP [600,000]
vehicles to meet
new requirement...

TOTAL--MINE RESISTANT 600,000
AMBUSH PROT VEH FUND.

PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT
MAJOR EQUIPMENT, AFIS
001 MAJOR EQUIPMENT, AFIS
MAJOR EQUIPMENT, BTA
002 MAJOR EQUIPMENT, BTA. 8,858 8,858
MAJOR EQUIPMENT, DCAA
003 ITEMS LESS THAN $5 1,489 1,489
MILLION.
MAJOR EQUIPMENT, DCMA
004 MAJOR EQUIPMENT...... 2,012 2,012
MAJOR EQUIPMENT, DHRA
005 PERSONNEL 10,431 10,431
ADMINISTRATION.
MAJOR EQUIPMENT, DISA
017 INTERDICTION SUPPORT.
018 INFORMATION SYSTEMS 13,449 13,449
SECURITY.
019 GLOBAL COMMAND AND 7,053 7,053
CONTROL SYSTEM.

[[Page 123 STAT. 2747]]

020 GLOBAL COMBAT SUPPORT 2,820 2,820
SYSTEM.
021 TELEPORT PROGRAM..... 68,037 68,037
022 ITEMS LESS THAN $5 196,232 196,232
MILLION.
023 NET CENTRIC 3,051 3,051
ENTERPRISE SERVICES
(NCES).
024 DEFENSE INFORMATION 89,725 89,725
SYSTEM NETWORK
(DISN).
025 PUBLIC KEY 1,780 1,780
INFRASTRUCTURE.
026 JOINT COMMAND AND 2,835 2,835
CONTROL PROGRAM.
027 CYBER SECURITY 18,188 18,188
INITIATIVE.
MAJOR EQUIPMENT, DLA
028 MAJOR EQUIPMENT...... 7,728 7,728
MAJOR EQUIPMENT,
DMACT
029 MAJOR EQUIPMENT...... 10,149 10,149
MAJOR EQUIPMENT,
DODEA
030 AUTOMATION/ 1,463 1,463
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DEFENSE SECURITY
COOPERATION AGENCY
031 EQUIPMENT............
032 VEHICLES............. 50 50
033 OTHER MAJOR EQUIPMENT 7,447 7,447
MAJOR EQUIPMENT, DTSA
034 MAJOR EQUIPMENT...... 436 436
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
035 THAAD SYSTEM......... 420,300 420,300
036 SM-3................. 168,723 191,923
Additional SM-3 [23,200]
Block 1A missiles.
036A TPY-2 Radar..........
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 4,013 4,013
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, OSD
047 MAJOR EQUIPMENT, OSD. 111,487 111,487
MAJOR EQUIPMENT, TJS
048 MAJOR EQUIPMENT, TJS. 12,065 12,065
MAJOR EQUIPMENT, WHS
049 WHS MOTOR VEHICLES...
050 MAJOR EQUIPMENT, WHS. 26,945 26,945
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 818,766 818,766
SPECIAL OPERATIONS
COMMAND
AVIATION PROGRAMS
051 ROTARY WING UPGRADES 101,936 101,936
AND SUSTAINMENT.
052 MH-47 SERVICE LIFE 22,958 22,958
EXTENSION PROGRAM.
053 MH-60 SOF 146,820 146,820
MODERNIZATION
PROGRAM.
054 NON-STANDARD AVIATION 227,552 197,552
Procurement [-30,000]
Schedule.
055 UNMANNED VEHICLES....
056 SOF TANKER 34,200 34,200
RECAPITALIZATION.
057 SOF U-28............. 2,518 2,518
058 MC-130H, COMBAT TALON
II.
059 CV-22 SOF MOD........ 114,553 114,553
060 MQ-1 UAV............. 10,930 10,930
061 MQ-9 UAV............. 12,671 12,671
062 STUASL0.............. 12,223 12,223
063 C-130 MODIFICATIONS.. 59,950 145,950
MC-130W multi- [85,000]
mission
modifications.
Intelligence [1,000]
Broadcast Receiver
(IBR) for AFSOC MC-
130.
064 AIRCRAFT SUPPORT..... 973 973
SHIPBUILDING
065 ADVANCED SEAL 5,236 0
DELIVERY SYSTEM
(ASDS).
Program [-5,236]
termination.
066 MK8 MOD1 SEAL 1,463 1,463
DELIVERY VEHICLE.
AMMUNITION PROGRAMS
067 SOF ORDNANCE 61,360 61,360
REPLENISHMENT.
068 SOF ORDNANCE 26,791 26,791
ACQUISITION.
OTHER PROCUREMENT
PROGRAMS
069 COMMUNICATIONS 55,080 55,080
EQUIPMENT AND
ELECTRONICS.
070 SOF INTELLIGENCE 72,811 72,811
SYSTEMS.
071 SMALL ARMS AND 35,235 42,735
WEAPONS.

[[Page 123 STAT. 2748]]

Advanced [5,000]
lightweight
grenade launcher.
Special Operations [2,500]
Forces Combat
Assault Rifle
(SCAR).
072 MARITIME EQUIPMENT 791 791
MODIFICATIONS.
073 SPEC APPLICATION FOR
CONT.
074 SOF COMBATANT CRAFT 6,156 16,156
SYSTEMS.
Special Operations [10,000]
Craft-Riverine.
075 SPARES AND REPAIR 2,010 2,010
PARTS.
076 TACTICAL VEHICLES.... 18,821 18,821
077 MISSION TRAINING AND 17,265 17,265
PREPARATION SYSTEMS.
078 COMBAT MISSION 20,000 20,000
REQUIREMENTS.
079 MILCON COLLATERAL 6,835 6,835
EQUIPMENT.
081 SOF AUTOMATION 60,836 60,836
SYSTEMS.
082 SOF GLOBAL VIDEO 12,401 12,401
SURVEILLANCE
ACTIVITIES.
083 SOF OPERATIONAL 26,070 26,070
ENHANCEMENTS
INTELLIGENCE.
084 SOF SOLDIER 550 550
PROTECTION AND
SURVIVAL SYSTEMS.
085 SOF VISUAL 33,741 38,741
AUGMENTATION, LASERS
AND SENSOR SYSTEMS.
Special operations [5,000]
visual
augmentation
systems.
086 SOF TACTICAL RADIO 53,034 63,034
SYSTEMS.
Special operations [10,000]
forces multi-band
inter/intra team
radio.
087 SOF MARITIME 2,777 2,777
EQUIPMENT.
088 DRUG INTERDICTION....
089 MISCELLANEOUS 7,576 7,576
EQUIPMENT.
090 SOF OPERATIONAL 273,998 273,998
ENHANCEMENTS.
091 PSYOP EQUIPMENT...... 43,081 43,081
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 5,573 5,573
CHEMICAL/BIOLOGICAL
DEFENSE
CBDP
092 Installation Force 65,590 65,590
Protection.
093 Individual Force 92,004 92,004
Protection.
094 Decontamination...... 22,008 22,008
095 Joint Bio Defense 12,740 12,740
Program (Medical).
096 Collective Protection 27,938 27,938
097 Contamination 151,765 151,765
Avoidance.
097a Procurement of
computer services /
systems.

TOTAL--PROCUREMENT, 3,984,352 4,090,816
DEFENSE-WIDE.

RAPID ACQUISITION
FUND
001 JOINT RAPID 79,300 0
ACQUISITION CELL.
Program Reduction. [-79,300]

TOTAL--RAPID 79,300 0
ACQUISITION FUND.

NATIONAL GUARD &
RESERVE EQUIPMENT
RESERVE EQUIPMENT
UNDISTRIBUTED........ 600,000
ARMY RESERVE
001 MISCELLANEOUS
EQUIPMENT.
NAVY RESERVE
002 MISCELLANEOUS
EQUIPMENT.
MARINE CORPS RESERVE
003 MISCELLANEOUS
EQUIPMENT.
AIR FORCE RESERVE
004 MISCELLANEOUS
EQUIPMENT.
ARMY NATIONAL GUARD
005 MISCELLANEOUS
EQUIPMENT.
AIR NATIONAL GUARD
006 MISCELLANEOUS
EQUIPMENT.

TOTAL--NATIONAL GUARD 0 600,000
& RESERVE EQUIPMENT.

Total Procurement.... 105,819,330 105,029,379
------------------------------------------------------------------------

[[Page 123 STAT. 2749]]

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Line Item Request Agreement
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
AIRCRAFT
FIXED WING
003 MQ-1 UAV............. 250,000 250,000
004 RQ-11 (RAVEN)........ 44,640 44,640
004A C-12A................ 45,000 45,000
ROTARY WING
011 UH-60 BLACKHAWK (MYP) 74,340 74,340
013 CH-47 HELICOPTER..... 141,200 141,200
MODIFICATION OF
AIRCRAFT
018 GUARDRAIL MODS (MIP). 50,210 50,210
019 MULTI SENSOR ABN 54,000 54,000
RECON (MIP).
020 AH-64 MODS........... 315,300 315,300
026 UTILITY HELICOPTER 2,500 2,500
MODS.
027 KIOWA WARRIOR........ 94,335 94,335
030 RQ-7 UAV MODS........ 326,400 326,400
030A C-12A................ 60,000 60,000
SPARES AND REPAIR
PARTS
031 SPARE PARTS (AIR).... 18,200 18,200
SUPPORT EQUIPMENT AND
FACILITIES
GROUND SUPPORT
AVIONICS
033 ASE INFRARED CM...... 111,600 111,600
OTHER SUPPORT
035 COMMON GROUND 23,704 23,704
EQUIPMENT.
036 AIRCREW INTEGRATED 24,800 24,800
SYSTEMS.

TOTAL--AIRCRAFT 1,636,229 1,636,229
PROCUREMENT, ARMY.

MISSILE PROCUREMENT,
ARMY
OTHER MISSILES
AIR-TO-SURFACE
MISSILE SYSTEM
005 HELLFIRE SYS SUMMARY. 219,700 219,700
ANTI-TANK/ASSAULT
MISSILE SYSTEM
006 JAVELIN (AAWS-M) 140,979 115,979
SYSTEM SUMMARY.
Funding ahead of [-25,000]
need.
007 TOW 2 SYSTEM SUMMARY. 59,200 34,200
Funding ahead of [-25,000]
need.
008 GUIDED MLRS ROCKET 60,600 60,600
(GMLRS).
MODIFICATIONS
014 MLRS MODS............ 18,772 18,772
015 HIMARS MODIFICATIONS. 32,319 32,319

TOTAL--MISSILE 531,570 481,570
PROCUREMENT, ARMY.

PROCUREMENT OF
WEAPONS & TRACKED
COMBAT VEHICLES
MODIFICATION OF
TRACKED COMBAT
VEHICLES
009 FIST VEHICLE (MOD)... 36,000 36,000
010 BRADLEY PROGRAM (MOD) 243,600 243,600
011 HOWITZER, MED SP FT 37,620 37,620
155MM M109A6 (MOD).
SUPPORT EQUIPMENT &
FACILITIES
WEAPONS AND OTHER
COMBAT VEHICLES
027 XM320 GRENADE 13,900 13,900
LAUNCHER MODULE
(GLM).
031 COMMON REMOTELY 235,000 235,000
OPERATED WEAPONS
STATION (CRO.
033 HOWITZER LT WT 155MM 107,996 107,996
(T).
MOD OF WEAPONS AND
OTHER COMBAT VEH
036 M2 50 CAL MACHINE GUN 27,600 27,600
MODS.
037 M249 SAW MACHINE GUN 20,900 20,900
MODS.
038 M240 MEDIUM MACHINE 4,800 4,800
GUN MODS.
040 M119 MODIFICATIONS... 21,250 21,250
041A M14 7.62 RIFLE MODS.. 5,800 5,800
SUPPORT EQUIPMENT &
FACILITIES
043 ITEMS LESS THAN $5.0M 5,000 5,000
(WOCV-WTCV).

[[Page 123 STAT. 2750]]

TOTAL--PROCUREMENT OF 759,466 759,466
WTCV, ARMY.

PROCUREMENT OF
AMMUNITION, ARMY
AMMUNITION
SMALL/MEDIUM CALIBER
AMMUNITION
001 CTG, 5.56MM, ALL 22,000 22,000
TYPES.
002 CTG, 7.62MM, ALL 8,300 8,300
TYPES.
003 CTG, HANDGUN, ALL 500 500
TYPES.
004 CTG, .50 CAL, ALL 26,500 26,500
TYPES.
006 CTG, 30MM, ALL TYPES. 530 530
MORTAR AMMUNITION
008 60MM MORTAR, ALL 20,000 20,000
TYPES.
TANK AMMUNITION
ARTILLERY AMMUNITION
014 CTG, ARTY, 105MM: ALL 9,200 9,200
TYPES.
016 PROJ 155MM EXTENDED 52,200 52,200
RANGE XM982.
017 MODULAR ARTILLERY 10,000 10,000
CHARGE SYSTEM
(MACS), ALL T.
ARTILLERY FUZES
018 ARTILLERY FUZES, ALL 7,800 7,800
TYPES.
MINES
019 MINES, ALL TYPES..... 5,000 5,000
020 MINE, CLEARING 7,000 7,000
CHARGE, ALL TYPES.
ROCKETS
024 ROCKET, HYDRA 70, ALL 169,505 169,505
TYPES.
OTHER AMMUNITION
027 SIGNALS, ALL TYPES... 100 100
MISCELLANEOUS
030 NON-LETHAL 32,000 32,000
AMMUNITION, ALL
TYPES.

TOTAL--PROCUREMENT OF 370,635 370,635
AMMUNITION, ARMY.

OTHER PROCUREMENT,
ARMY
TACTICAL AND SUPPORT
VEHICLES
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 1,948 1,948
DOLLY SETS.
002 SEMITRAILERS, 40,403 40,403
FLATBED:.
003 SEMITRAILERS, TANKERS 8,651 8,651
004 HI MOB MULTI-PURP 1,251,038 875,718
WHLD VEH (HMMWV).
Army end strength [-375,320]
budget amendment.
005 FAMILY OF MEDIUM 461,657 286,337
TACTICAL VEH (FMTV).
Army end strength [-175,320]
budget amendment.
007 FAMILY OF HEAVY 623,230 623,230
TACTICAL VEHICLES
(FHTV).
009 ARMORED SECURITY 13,206 13,206
VEHICLES (ASV).
012 TRUCK, TRACTOR, LINE 62,654 62,654
HAUL, M915/M916.
COMMUNICATIONS AND
ELECTRONICS
EQUIPMENT
COMM-JOINT
COMMUNICATIONS
023 WIN-T--GROUND FORCES 13,500 13,500
TACTICAL NETWORK.
COMM--SATELLITE
COMMUNICATIONS
028 NAVSTAR GLOBAL 53,486 53,486
POSITIONING SYSTEM
(SPACE).
029 SMART-T (SPACE)...... 26,000 26,000
032 MOD OF IN-SVC EQUIP 23,900 23,900
(TAC SAT).
COMM--COMBAT SUPPORT
COMM
032A MOD-IN-SERVICE 6,070 6,070
PROFILER.
COMM--COMBAT
COMMUNICATIONS
034 ARMY DATA 239 239
DISTRIBUTION SYSTEM
(DATA RADIO).
037 SINCGARS FAMILY...... 128,180 53,180
Unjustified [-75,000]
program growth.
038 AMC CRITICAL ITEMS-- 100,000 100,000
OPA2.
046 RADIO, IMPROVED HF 11,286 11,286
(COTS) FAMILY.
047 MEDICAL COMM FOR CBT 18 18
CASUALTY CARE (MC4).
INFORMATION SECURITY
050 INFORMATION SYSTEM 32,095 32,095
SECURITY PROGRAM-
ISSP.
COMM--BASE
COMMUNICATIONS
055 INFORMATION SYSTEMS.. 330,342 330,342
057 INSTALLATION INFO 227,733 227,733
INFRASTRUCTURE MOD
PROGRAM(.
ELECT EQUIP--TACT INT
REL ACT (TIARA)

[[Page 123 STAT. 2751]]

062 JTT/CIBS-M (MIP)..... 1,660 1,660
066 DIGITAL TOPOGRAPHIC 265 265
SPT SYS (DTSS) (MIP).
069 DCGS-A (MIP)......... 167,100 167,100
073 CI HUMINT AUTO 34,208 34,208
REPRTING AND
COLL(CHARCS) (MIP.
075 ITEMS LESS THAN $5.0M 5,064 5,064
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 LIGHTWEIGHT COUNTER 58,590 58,590
MORTAR RADAR.
077 WARLOCK.............. 164,435 164,435
078 COUNTERINTELLIGENCE/ 126,030 126,030
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
082 NIGHT VISION DEVICES. 93,183 93,183
084 NIGHT VISION, THERMAL 25,000 25,000
WPN SIGHT.
085 SMALL TACTICAL 15,000 15,000
OPTICAL RIFLE
MOUNTED MLRF.
087 COUNTER-ROCKET, 150,400 150,400
ARTILLERY & MORTAR
(C-RAM).
091 ENHANCED PORTABLE 1,900 1,900
INDUCTIVE ARTILLERY
FUZE SE.
094 FORCE XXI BATTLE CMD 242,999 242,999
BRIGADE & BELOW
(FBCB2).
096 LIGHTWEIGHT LASER 97,020 97,020
DESIGNATOR/
RANGEFINDER (LLD.
097 COMPUTER BALLISTICS: 3,780 3,780
LHMBC XM32.
099 COUNTERFIRE RADARS... 26,000 26,000
ELECT EQUIP--TACTICAL
C2 SYSTEMS
103 FIRE SUPPORT C2 14,840 14,840
FAMILY.
104 BATTLE COMMAND 16 16
SUSTAINMENT SUPPORT
SYSTEM (BC.
107 KNIGHT FAMILY........ 178,500 178,500
113 NETWORK MANAGEMENT 58,900 58,900
INITIALIZATION AND
SERVICE.
114 MANEUVER CONTROL 5,000 5,000
SYSTEM (MCS).
115 SINGLE ARMY LOGISTICS 1,440 1,440
ENTERPRISE (SALE).
ELECT EQUIP--SUPPORT
CLASSIFIED PROGRAMS.. 760 760
CHEMICAL DEFENSIVE
EQUIPMENT
129 PROTECTIVE SYSTEMS... 44,460 44,460
130 CBRN SOLDIER 38,811 38,811
PROTECTION.
BRIDGING EQUIPMENT
133 TACTICAL BRIDGE, 13,525 13,525
FLOAT-RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
136 EXPLOSIVE ORDNANCE 10,800 10,800
DISPOSAL EQPMT (EOD
EQPMT).
COMBAT SERVICE
SUPPORT EQUIPMENT
140 LAUNDRIES, SHOWERS 21,561 21,561
AND LATRINES.
142 LIGHTWEIGHT 1,955 1,955
MAINTENANCE
ENCLOSURE (LME).
146 FORCE PROVIDER....... 245,382 245,382
147 FIELD FEEDING 4,011 4,011
EQUIPMENT.
150 ITEMS LESS THAN $5M 4,987 4,987
(ENG SPT).
PETROLEUM EQUIPMENT
152 DISTRIBUTION SYSTEMS, 58,554 58,554
PETROLEUM & WATER.
WATER EQUIPMENT
153 WATER PURIFICATION 3,017 3,017
SYSTEMS.
MEDICAL EQUIPMENT
154 COMBAT SUPPORT 11,386 11,386
MEDICAL.
MAINTENANCE EQUIPMENT
155 MOBILE MAINTENANCE 12,365 12,365
EQUIPMENT SYSTEMS.
156 ITEMS LESS THAN $5.0M 546 546
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
162 LOADERS.............. 1,100 1,100
163 HYDRAULIC EXCAVATOR.. 290 290
166 PLANT, ASPHALT MIXING 2,500 2,500
167 HIGH MOBILITY 16,500 16,500
ENGINEER EXCAVATOR
(HMEE) FOS.
169 ITEMS LESS THAN $5.0M 360 360
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
172 ITEMS LESS THAN $5.0M 3,550 3,550
(FLOAT/RAIL).
GENERATORS
173 GENERATORS AND 62,210 62,210
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
174 ROUGH TERRAIN 54,360 54,360
CONTAINER HANDLER
(RTCH).
175 ALL TERRAIN LIFTING 49,319 49,319
ARMY SYSTEM.
TRAINING EQUIPMENT
176 COMBAT TRAINING 60,200 60,200
CENTERS SUPPORT.
177 TRAINING DEVICES, 28,200 28,200
NONSYSTEM.
TEST MEASURE AND DIG
EQUIPMENT (TMD)

[[Page 123 STAT. 2752]]

182 INTEGRATED FAMILY OF 1,524 1,524
TEST EQUIPMENT
(IFTE).
183 TEST EQUIPMENT 3,817 3,817
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 27,000 27,000
SOLDIER SUPPORT
EQUIPMENT.
187 MODIFICATION OF IN- 555,950 555,950
SVC EQUIPMENT (OPA-
3).

TOTAL--OTHER 6,225,966 5,600,326
PROCUREMENT, ARMY.

JOINT IMPROVISED
EXPLOSIVE DEVICE
DEFEAT FUND
NETWORK ATTACK
001 ATTACK THE NETWORK... 812,000 1,015,100
Transfer from base [203,100]
budget.
JIEDDO DEVICE DEFEAT
002 DEFEAT THE DEVICE.... 536,000 735,100
Transfer from base [199,100]
budget.
FORCE TRAINING
003 TRAIN THE FORCE...... 187,000 228,100
Transfer from base [41,100]
budget.
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 121,550
Transfer from base [121,550]
budget.

TOTAL--JOINT IED 1,535,000 2,099,850
DEFEAT FUND.

AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
010 UH-1Y/AH-1Z.......... 55,006 55,006
MODIFICATION OF
AIRCRAFT
028 EA-6 SERIES.......... 45,000 45,000
029 AV-8 SERIES.......... 28,296 19,396
ALE-47 upgrades [-8,900]
complete.
030 F-18 SERIES.......... 96,000 96,000
031 H-46 SERIES.......... 17,485 17,485
033 H-53 SERIES.......... 164,730 164,730
034 SH-60 SERIES......... 11,192 11,192
035 H-1 SERIES........... 11,217 11,217
037 P-3 SERIES........... 74,900 74,900
039 E-2 SERIES........... 17,200 17,200
041 C-2A................. 14,100 14,100
042 C-130 SERIES......... 52,324 52,324
049 POWER PLANT CHANGES.. 4,456 0
Non-emergency [-4,456]
modifications.
052 COMMON ECM EQUIPMENT. 263,382 263,382
054 COMMON DEFENSIVE 5,500 5,500
WEAPON SYSTEM.
056 V-22 (TILT/ROTOR 53,500 53,500
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
057 SPARES AND REPAIR 2,265 2,265
PARTS.

TOTAL--AIRCRAFT 916,553 903,197
PROCUREMENT, NAVY.

010 HELLFIRE............. 73,700 50,700
Army end strength [-23,000]
budget amendment.

TOTAL--WEAPONS 73,700 50,700
PROCUREMENT, NAVY.

PROCUREMENT OF
AMMUNITION, NAVY &
MARINE CORPS
PROC AMMO, NAVY
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 40,500 40,500
003 AIRBORNE ROCKETS, ALL 42,510 42,510
TYPES.
004 MACHINE GUN 109,200 80,377
AMMUNITION.
Army end strength [-28,823]
budget amendment.
007 AIR EXPENDABLE 5,501 5,501
COUNTERMEASURES.
009 5 INCH/54 GUN 352 352
AMMUNITION.
011 OTHER SHIP GUN 2,835 2,835
AMMUNITION.
012 SMALL ARMS & LANDING 14,229 14,229
PARTY AMMO.

[[Page 123 STAT. 2753]]

013 PYROTECHNIC AND 1,442 1,442
DEMOLITION.
PROC AMMO, MC
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 16,930 16,930
016 LINEAR CHARGES, ALL 5,881 5,881
TYPES.
017 40 MM, ALL TYPES..... 104,824 104,824
018 60MM, ALL TYPES...... 43,623 43,623
019 81MM, ALL TYPES...... 103,647 103,647
020 120MM, ALL TYPES..... 62,265 62,265
021 CTG 25MM, ALL TYPES.. 563 563
022 GRENADES, ALL TYPES.. 6,074 6,074
023 ROCKETS, ALL TYPES... 8,117 8,117
024 ARTILLERY, ALL TYPES. 81,975 81,975
026 DEMOLITION MUNITIONS, 9,241 9,241
ALL TYPES.
027 FUZE, ALL TYPES...... 51,071 51,071

TOTAL--PROCUREMENT OF 710,780 681,957
AMMUNITION, NAVY &
MARINE CORPS.

OTHER PROCUREMENT,
NAVY
OTHER SHIPBOARD
EQUIPMENT
018 UNDERWATER EOD 12,040 12,040
PROGRAMS.
SMALL BOATS
025 STANDARD BOATS....... 13,000 13,000
COMMUNICATIONS AND
ELECTRONICS
EQUIPMENT
AVIATION ELECTRONIC
EQUIPMENT
056 MATCALS.............. 400 400
SHIPBOARD
COMMUNICATIONS
076 SHIP COMMUNICATIONS 1,500 1,500
AUTOMATION.
AIRCRAFT SUPPORT
EQUIPMENT
092 EXPEDITIONARY 37,345 37,345
AIRFIELDS.
097 AVIATION LIFE SUPPORT 17,883 17,883
ORDNANCE SUPPORT
EQUIPMENT
OTHER ORDNANCE
SUPPORT EQUIPMENT
115 EXPLOSIVE ORDNANCE 43,650 43,650
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
120 PASSENGER CARRYING 25 25
VEHICLES.
121 GENERAL PURPOSE 93 93
TRUCKS.
122 CONSTRUCTION & 11,167 11,167
MAINTENANCE EQUIP.
124 TACTICAL VEHICLES.... 54,008 54,008
127 ITEMS UNDER $5 10,842 10,842
MILLION.
128 PHYSICAL SECURITY 1,130 1,130
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
129 MATERIALS HANDLING 25 25
EQUIPMENT.
PERSONNEL AND COMMAND
SUPPORT EQUIPMENT
COMMAND SUPPORT
EQUIPMENT
134 COMMAND SUPPORT 4,000 4,000
EQUIPMENT.
139 OPERATING FORCES 15,452 15,452
SUPPORT EQUIPMENT.
140 C4ISR EQUIPMENT...... 3,100 3,100
142 PHYSICAL SECURITY 89,521 64,521
EQUIPMENT.
OCO unjustified [-25,000]
request.
SPARES AND REPAIR
PARTS
145 SPARES AND REPAIR 2,837 2,837
PARTS.

TOTAL--OTHER 318,018 293,018
PROCUREMENT, NAVY.

PROCUREMENT, MARINE
CORPS
WEAPONS AND COMBAT
VEHICLES
TRACKED COMBAT
VEHICLES
002 LAV PIP.............. 58,229 58,229
ARTILLERY AND OTHER
WEAPONS
006 155MM LIGHTWEIGHT 54,000 0
TOWED HOWITZER.
Army end strength [-54,000]
budget amendment.
008 WEAPONS AND COMBAT 3,351 3,351
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
010 MODIFICATION KITS.... 20,183 20,183
011 WEAPONS ENHANCEMENT 9,151 9,151
PROGRAM.

[[Page 123 STAT. 2754]]

GUIDED MISSILES AND
EQUIPMENT
OTHER SUPPORT
016 MODIFICATION KITS.... 8,506 8,506
COMMUNICATIONS &
ELECTRONICS
EQUIPMENT
REPAIR AND TEST
EQUIPMENT
018 REPAIR AND TEST 11,741 11,741
EQUIPMENT.
OTHER SUPPORT (TEL)
019 COMBAT SUPPORT SYSTEM 462 462
COMMAND AND CONTROL
SYSTEM (NON-TEL)
021 ITEMS UNDER $5 4,153 4,153
MILLION (COMM &
ELEC).
022 AIR OPERATIONS C2 3,096 3,096
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
023 RADAR SYSTEMS........ 3,417 3,417
INTELL/COMM EQUIPMENT
(NON-TEL)
024 FIRE SUPPORT SYSTEM.. 521 521
025 INTELLIGENCE SUPPORT 37,547 37,547
EQUIPMENT.
026 RQ-11 UAV............ 13,000 13,000
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
027 NIGHT VISION 12,570 0
EQUIPMENT.
Army end strength [-12,570]
budget amendment.
OTHER SUPPORT (NON-
TEL)
028 COMMON COMPUTER 23,105 23,105
RESOURCES.
029 COMMAND POST SYSTEMS. 23,041 23,041
030 RADIO SYSTEMS........ 32,497 32,497
031 COMM SWITCHING & 2,044 2,044
CONTROL SYSTEMS.
032 COMM & ELEC 64 64
INFRASTRUCTURE
SUPPORT.
SUPPORT VEHICLES
ADMINISTRATIVE
VEHICLES
035 5/4T TRUCK HMMWV 205,036 205,036
(MYP)...............
036 MOTOR TRANSPORT 10,177 0
MODIFICATIONS.
Army end strength [-10,177]
budget amendment.
037 MEDIUM TACTICAL 131,044 131,044
VEHICLE REPLACEMENT.
038 LOGISTICS VEHICLE 59,219 59,219
SYSTEM REP.
039 FAMILY OF TACTICAL 13,388 13,388
TRAILERS.
OTHER SUPPORT
ENGINEER AND OTHER
EQUIPMENT
042 ENVIRONMENTAL CONTROL 5,119 5,119
EQUIP ASSORT.
043 BULK LIQUID EQUIPMENT 4,549 4,549
044 TACTICAL FUEL SYSTEMS 33,421 33,421
045 POWER EQUIPMENT 24,860 24,860
ASSORTED.
047 EOD SYSTEMS.......... 47,697 47,697
MATERIALS HANDLING
EQUIPMENT
048 PHYSICAL SECURITY 19,720 2,720
EQUIPMENT.
Army end strength [-17,000]
budget amendment.
050 MATERIAL HANDLING 56,875 56,875
EQUIP.
GENERAL PROPERTY
053 TRAINING DEVICES..... 157,734 147,304
Army end strength [-10,430]
budget amendment.
055 FAMILY OF 35,818 35,818
CONSTRUCTION
EQUIPMENT.
058 RAPID DEPLOYABLE 55 55
KITCHEN.
OTHER SUPPORT
059 ITEMS LESS THAN $5 39,055 39,055
MILLION.
SPARES AND REPAIR
PARTS

TOTAL--PROCUREMENT, 1,164,445 1,060,268
MARINE CORPS.

AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRLIFT
006 C-130J............... 72,000 72,000
OTHER AIRCRAFT
CLASSIFIED PROGRAMS
MODIFICATION OF IN-
SERVICE AIRCRAFT
STRATEGIC AIRCRAFT
028 B-1B................. 20,500 20,500
TACTICAL AIRCRAFT
030 A-10................. 10,000 10,000
032 F-16................. 20,025 0

[[Page 123 STAT. 2755]]

Army end strength [-20,025]
budget amendment--
secure line-of-
sight/beyond line-
of-sight mods.
AIRLIFT AIRCRAFT
034 C-5.................. 57,400 57,400
037 C-17A................ 132,300 120,725
Army end strength [-11,575]
budget amendment--
LAIRCM mods.
OTHER AIRCRAFT
052 C-130................ 210,800 86,400
Army end strength [-124,400]
budget amendment--
LAIRCM mods.
054 C-135................ 16,916 16,916
056 DARP................. 10,300 10,300
063 HC/MC-130 7,000 7,000
MODIFICATIONS.
064 OTHER AIRCRAFT....... 90,000 90,000
065 MQ-1 MODS............ 65,000 65,000
066 MQ-9 MODS............ 99,200 99,200
AIRCRAFT SUPPORT
EQUIPMENT AND
FACILITIES
POST PRODUCTION
SUPPORT
076 C-17A................ 11,000 11,000
WAR CONSUMABLES
OTHER PRODUCTION
CHARGES
085 OTHER PRODUCTION 114,000 114,000
CHARGES.

TOTAL--AIRCRAFT 936,441 780,441
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 3,488 3,488
CARTRIDGES
002 CARTRIDGES........... 39,236 39,236
BOMBS
004 GENERAL PURPOSE BOMBS 34,085 34,085
005 JOINT DIRECT ATTACK 97,978 97,978
MUNITION.
FLARE, IR MJU-7B
007 EXPLOSIVE ORDINANCE 4,800 4,800
DISPOSAL (EOD).
FUZES
011 FLARES............... 41,000 41,000
012 FUZES................ 14,595 14,595
WEAPONS
SMALL ARMS
013 SMALL ARMS........... 21,637 21,637

TOTAL--PROCUREMENT OF 256,819 256,819
AMMUNITION, AIR
FORCE.

MISSILE PROCUREMENT,
AIR FORCE
OTHER MISSILES
TACTICAL
005 PREDITOR HELLFIRE 29,325 29,325
MISSILE.
006 SMALL DIAMETER BOMB.. 7,300 7,300

TOTAL--MISSILE 36,625 36,625
PROCUREMENT, AIR
FORCE.

OTHER PROCUREMENT,
AIR FORCE
VEHICULAR EQUIPMENT
CARGO + UTILITY
VEHICLES
002 MEDIUM TACTICAL 3,364 3,364
VEHICLE.
SPECIAL PURPOSE
VEHICLES
004 SECURITY AND TACTICAL 11,337 11,337
VEHICLES.
FIRE FIGHTING
EQUIPMENT
005 FIRE FIGHTING/CRASH 8,626 8,626
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
SPCL COMM-ELECTRONICS
PROJECTS
023 AIR FORCE PHYSICAL 1,600 1,600
SECURITY SYSTEM.
DISA PROGRAMS
037 MILSATCOM SPACE...... 714 714
OTHER BASE
MAINTENANCE AND
SUPPORT EQUIP
PERSONAL SAFETY &
RESCUE EQUIP
047 NIGHT VISION GOGGLES. 14,528 14,528

[[Page 123 STAT. 2756]]

048 ITEMS LESS THAN 4,900 4,900
$5,000,000 (SAFETY).
DEPOT PLANT+MTRLS
HANDLING EQ
BASE SUPPORT
EQUIPMENT
051 CONTINGENCY 11,300 11,300
OPERATIONS.
SPECIAL SUPPORT
PROJECTS
060 DEFENSE SPACE 34,400 34,400
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 2,230,780 2,230,780

TOTAL--OTHER 2,321,549 2,321,549
PROCUREMENT, AIR
FORCE.

MINE RESISTANT AMBUSH
PROT VEH FUND
MINE RESISTANT AMBUSH
PROT VEH FUND
MINE RESISTANT AMBUSH 5,456,000 6,056,000
PROT VEH FUND.
Additional MRAP [600,000]
vehicles to meet
new requirement.

TOTAL--MINE RESISTANT 5,456,000 6,056,000
AMBUSH PROT VEH FUND.

PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
019 GLOBAL COMMAND AND 1,500 1,500
CONTROL SYSTEM.
021 TELEPORT PROGRAM..... 7,411 7,411
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 304,794 304,794
SPECIAL OPERATIONS
COMMAND
AVIATION PROGRAMS
052 MH-47 SERVICE LIFE 5,900 5,900
EXTENSION PROGRAM.
057 SOF U-28............. 3,000 3,000
060 MQ-1 UAV............. 1,450 0
Funding Early to [-1,450]
Need.
062 STUASL0.............. 12,000 12,000
063 C-130 MODIFICATIONS.. 19,500 19,500
SHIPBUILDING
AMMUNITION PROGRAMS
067 SOF ORDNANCE 51,156 51,156
REPLENISHMENT.
068 SOF ORDNANCE 17,560 17,560
ACQUISITION.
OTHER PROCUREMENT
PROGRAMS
069 COMMUNICATIONS 2,000 2,000
EQUIPMENT AND
ELECTRONICS.
070 SOF INTELLIGENCE 23,260 23,260
SYSTEMS.
071 SMALL ARMS AND 3,800 3,800
WEAPONS.
076 TACTICAL VEHICLES.... 6,865 6,865
083 SOF OPERATIONAL 11,000 11,000
ENHANCEMENTS
INTELLIGENCE.
086 SOF TACTICAL RADIO 5,448 5,448
SYSTEMS.
090 SOF OPERATIONAL 11,900 11,900
ENHANCEMENTS.
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.. 2,886 2,886

TOTAL--PROCUREMENT, 491,430 489,980
DEFENSE-WIDE.

Total Procurement.... 23,741,226 23,878,630
------------------------------------------------------------------------

[[Page 123 STAT. 2757]]

TITLE XLII--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION.

------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT, TEST
& EVALUATION,
ARMY
................
................ BASIC RESEARCH
001 0601101A IN-HOUSE 19,671 19,671
LABORATORY
INDEPENDENT
RESEARCH.
002 0601102A DEFENSE RESEARCH 173,024 176,524
SCIENCES.
................ Ballistic [3,500]
materials
research.
003 0601103A UNIVERSITY 88,421 92,421
RESEARCH
INITIATIVES.
................ Nanocomposite [2,000]
materials
research.
................ Open source [1,000]
intelligence
research.
................ Smart Wound [1,000]
Dressing for
MRSA-Infected
Battle Wounds.
004 0601104A UNIVERSITY AND 96,144 98,844
INDUSTRY RESEARCH
CENTERS.
................ Immersive [1,200]
simulation
research.
................ Materials [1,500]
processing
research.
................
................ SUBTOTAL, BASIC 377,260 387,460
RESEARCH, ARMY.
................
................ APPLIED RESEARCH
005 0602105A MATERIALS 27,206 47,206
TECHNOLOGY.
................ Advanced [3,000]
renewable jet
fuels.
................ Applied [3,000]
composite
materials
research.
................ High strength [2,000]
fibers for
ballistic armor
applications.
................ Moldable fabric [2,000]
armor.
................ Smart materials [1,000]
and structures.
................ Dual Stage [3,000]
Variable Energy
Absorber.
................ Next Generation [2,000]
High Strength
Glass Fibers
for Ballistic
Armor
Applications.
................ Ultra [1,000]
Lightweight
Metallic Armor.
................ Nanomanufacturi [3,000]
ng of
Multifunctional
Sensors.
006 0602120A SENSORS AND 50,641 53,141
ELECTRONIC
SURVIVABILITY.
................ Nanoelectronic [2,500]
memory, sensor
and energy
devices.
007 0602122A TRACTOR HIP....... 14,324 14,324
008 0602211A AVIATION 41,332 41,332
TECHNOLOGY.
009 0602270A ELECTRONIC WARFARE 16,119 16,119
TECHNOLOGY.
010 0602303A MISSILE TECHNOLOGY 50,716 50,716
011 0602307A ADVANCED WEAPONS 19,678 19,678
TECHNOLOGY.
012 0602308A ADVANCED CONCEPTS 17,473 19,473
AND SIMULATION.
................ Cognitive [2,000]
modeling and
simulation
research.
013 0602601A COMBAT VEHICLE AND 55,937 74,437
AUTOMOTIVE
TECHNOLOGY.
................ Advanced [3,500]
composite
materials
research.
................ Composite [2,000]
vehicle
shelters.
................ Tactical metal [1,000]
fabrication
program.
................ Tribology [2,000]
research.
................ Vehicle systems [10,000]
engineering and
integration
activities.
014 0602618A BALLISTICS 61,843 65,843
TECHNOLOGY.
................ Electromagnetic [-2,000]
gun.
................ Reactive armor [3,000]
research.
................ Beneficial [1,000]
Infrastructure
for Rotorcraft
Risk Reduction.
................ Lethality [2,000]
research.
015 0602622A CHEMICAL, SMOKE 5,293 5,293
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE 7,674 7,674
SMALL ARMS
PROGRAM.
017 0602624A WEAPONS AND 41,085 59,085
MUNITIONS
TECHNOLOGY.
................ Acoustic gun [2,000]
detection
systems.
................ Acoustic [3,000]
research.
................ UGV [2,500]
weaponization.
................ Highly [2,500]
Integrated
Production for
Expediting
RESET.
................ Hybrid [3,000]
Projectile
Program.

[[Page 123 STAT. 2758]]

................ Specialized [4,000]
Compact
Automated
Mechanical
Clearance
Platform.
................ Defense Support [1,000]
for Civil
Authorities
(DSCA) for Key
Resource
Protection--Sou
th Central, PA.
018 0602705A ELECTRONICS AND 61,404 67,104
ELECTRONIC
DEVICES.
................ Hybrid portable [3,200]
power program.
................ Novel Zinc Air [2,500]
Power Sources
for Military.
019 0602709A NIGHT VISION 26,893 26,893
TECHNOLOGY.
020 0602712A COUNTERMINE 18,945 18,945
SYSTEMS.
021 0602716A HUMAN FACTORS 18,605 33,605
ENGINEERING
TECHNOLOGY.
................ LWI Training- [15,000]
Based
Collaborative
Research.
022 0602720A ENVIRONMENTAL 15,902 20,402
QUALITY
TECHNOLOGY.
................ Cluster Bomb [1,000]
Unit & Combined
Effects
Munitions Demil
System.
................ SUNY Cobleskill [2,500]
Biowaste-to-
Bioenergy
Center.
................ Renewable [1,000]
Energy Testing
Center.
023 0602782A COMMAND, CONTROL, 24,833 24,833
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND 5,639 5,639
SOFTWARE
TECHNOLOGY.
025 0602784A MILITARY 54,818 59,818
ENGINEERING
TECHNOLOGY.
................ Cellulose [2,000]
Nanocomposite
Panels for
Ballistic
Protection.
................ Geosciences [3,000]
Atmospheric
Research.
026 0602785A MANPOWER/PERSONNEL/ 18,701 18,701
TRAINING
TECHNOLOGY.
027 0602786A WARFIGHTER 27,109 29,609
TECHNOLOGY.
................ Thermal [2,500]
resistant fiber
research.
028 0602787A MEDICAL TECHNOLOGY 99,027 134,527
................ Biomechanics [3,500]
research.
................ Blast wave [3,000]
modeling.
................ Hemorrhage [3,000]
research.
................ Malaria vaccine [2,500]
development.
................ Neurotrauma [3,500]
research.
................ Secondary [2,500]
trauma research.
................ Advanced [2,500]
Functional
Nanomaterials
for Biological
Processes.
................ Improving [4,000]
Soldier
Recovery from
Catastrophic
Bone Injuries.
................ Advanced Bio- [3,000]
Engineering for
Enhancement of
Soldier
Survivability.
................ Self-Powered [2,000]
Prosthetic Limb
Technology.
................ Human Organ and [2,000]
Tissue
Preservation
Technology.
................ Optical Neural [4,000]
Techniques for
Combat and Post
Trauma Care.
................
................ SUBTOTAL, APPLIED 781,197 914,397
RESEARCH, ARMY.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER 37,574 45,874
ADVANCED
TECHNOLOGY.
................ High Pressure [4,300]
Pasteurization
& Pressure
Assisted
Thermal
Sterilization.
................ Next Generation [2,500]
Precision
Airdrop System.
................ Onyx System [1,500]
Precision
Guided
Airdropped
Equipment.
030 0603002A MEDICAL ADVANCED 72,940 124,240
TECHNOLOGY.
................ Biosensor [2,000]
controller
systems
development.
................ Body [2,500]
temperature
conditioner
systems.
................ Gulf War [12,000]
illness
research.
................ Integrated [7,500]
medical
technology
program.
................ Lower limb [2,000]
prosthetics
research.
................ Regenerative [4,000]
medical
research.
................ Proton [2,000]
Treatment and
Research
Center--Norther
n Illinois.
................ Wounded Service [1,500]
Member
Bioelectrics
Research.
................ Malaria Vaccine [5,000]
Development.
................ Regenerative [3,000]
Medicine to
Address Astute
Hearing Loss.
................ Multi-Dose [1,000]
Closed Loop pH
Monitoring
System for
Platelets.
................ Carbide-Derived [1,000]
Carbon for
Treatment of
Combat Related
Sepsis.

[[Page 123 STAT. 2759]]

................ Clinical [2,000]
Technology
Integration for
Military Health.
................ Institute for [5,800]
Simulation and
Interprofession
al Studies.
031 0603003A AVIATION ADVANCED 60,097 80,597
TECHNOLOGY.
................ Advanced [5,000]
Affordable
Turbine Engine
Program.
................ Robust [2,000]
Composite
Structural Core
for Army
Helicopters.
................ UH-60 [1,500]
Transmission/
Gearbox
Galvanic
Corrosion
Reduction.
................ Drive System [3,000]
Composite
Structural
Component Risk
Reduction
Program.
................ Universal [9,000]
Control--FADEC.
032 0603004A WEAPONS AND 66,410 61,410
MUNITIONS
ADVANCED
TECHNOLOGY.
................ Electromagnetic [-11,500]
gun.
................ Lethality [6,500]
research.
033 0603005A COMBAT VEHICLE AND 89,586 174,986
AUTOMOTIVE
ADVANCED
TECHNOLOGY.
................ Advanced APU [2,000]
development.
................ Advanced [10,000]
battery
development
program.
................ Advanced [3,000]
lithium ion
battery systems.
................ Advanced [2,700]
suspension
systems for
heavy vehicles.
................ Advanced [3,000]
thermal
management
systems.
................ Alternative [20,000]
energy research.
................ Hybrid engine [4,000]
development
program.
................ Hybrid truck [4,000]
development.
................ Smart plug-in [4,100]
hybrid electric
vehicle program.
................ Threat cue [2,000]
research.
................ Unmanned ground [12,000]
vehicle
initiative.
................ Vehicle [3,100]
prognostics
technologies.
................ Unmanned [3,000]
Robotic System
Utilizing
Hydrocarbon
Fueled Solid
Oxide Fuel Cell.
................ Advanced [3,000]
Composites for
Light Weight,
Low Cost
Transportation
Systems Using a
3+ Ring
Extruder.
................ Protective 3-D [2,000]
Armor Structure
to Safeguard
Military
Vehicles and
Troops.
................ Fire Shield.... [2,000]
................ Hydraulic [3,500]
Hybrid Vehicle
(HHV) for the
Tactical
Wheeled Fleet.
................ Heavy Duty [2,000]
Hybrid Electric
Vehicle.
034 0603006A COMMAND, CONTROL, 8,667 12,467
COMMUNICATIONS
ADVANCED
TECHNOLOGY.
................ Applied [3,800]
Communications
and Information
Networking
(ACIN).
035 0603007A MANPOWER, 7,410 7,410
PERSONNEL AND
TRAINING ADVANCED
TECHNOLOGY.
036 0603008A ELECTRONIC WARFARE 50,458 50,458
ADVANCED
TECHNOLOGY.
037 0603009A TRACTOR HIKE...... 11,328 11,328
038 0603015A NEXT GENERATION 19,415 24,915
TRAINING &
SIMULATION
SYSTEMS.
................ Combat medic [2,000]
training
systems.
................ Joint Fires & [2,500]
Effects Trainer
System
enhancements.
................ HapMed Combat [1,000]
Medic Trainer.
039 0603020A TRACTOR ROSE...... 14,569 14,569
040 0603103A EXPLOSIVES 2,000
DEMILITARIZATION
TECHNOLOGY.
................ Propellant [2,000]
Conversion to
Fertilizer
Program for
Tooele Army
Depot.
041 0603105A MILITARY HIV 6,657 6,657
RESEARCH.
042 0603125A COMBATING 11,989 11,989
TERRORISM,
TECHNOLOGY
DEVELOPMENT.
043 0603270A ELECTRONIC WARFARE 19,192 22,692
TECHNOLOGY.
................ Laser systems [1,000]
for light
aircraft
missile defense.
................ Advanced Ground [2,500]
Electronic
Warfare &
Signals
Intelligence
System.
044 0603313A MISSILE AND ROCKET 63,951 67,251
ADVANCED
TECHNOLOGY.
................ Discriminatory [2,500]
imaging
research.
................ Scenario [800]
Generation for
Integrated Air
and Missile
Defense
Evaluation.
045 0603322A TRACTOR CAGE...... 12,154 12,154

[[Page 123 STAT. 2760]]

046 0603606A LANDMINE WARFARE 30,317 30,317
AND BARRIER
ADVANCED
TECHNOLOGY.
047 0603607A JOINT SERVICE 8,996 8,996
SMALL ARMS
PROGRAM.
048 0603710A NIGHT VISION 40,329 52,329
ADVANCED
TECHNOLOGY.
................ Bradley third [5,000]
generation FLIR.
................ Buster/ [1,000]
Blacklight UAV
Development.
................ Hyper Spectral [2,000]
Sensor for
Improved Force
Protection
System.
................ Brownout [3,000]
Situational
Awareness.
................ High Resolution [1,000]
Personal
Miniature
Thermal Viewer.
049 0603728A ENVIRONMENTAL 15,706 15,706
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
050 0603734A MILITARY 5,911 19,211
ENGINEERING
ADVANCED
TECHNOLOGY.
................ Permafrost [500]
tunnel.
................ Photovoltaic [2,000]
technology
development.
................ PacCom [3,000]
Renewable
Energy Security
System.
................ Field [4,800]
Deployable
Hologram
Production
System.
................ Demonstration [1,000]
of Thin Film
Solar Modules
as a Renewable
Energy Source.
................ Nanotechnology [2,000]
for Potable
Water and Waste
Treatment.
051 0603772A ADVANCED TACTICAL 41,561 45,061
COMPUTER SCIENCE
AND SENSOR
TECHNOLOGY.
................ Foliage [2,000]
Penetrating,
Reconnaissance,
Surveillance,
Tracking, and
Engagement
Radar.
................ Optimizing [1,500]
Natural
Language
Processing of
Open Source
Intelligence
(OSINT).
................
................ SUBTOTAL, ADVANCED 695,217 902,617
TECHNOLOGY
DEVELOPMENT, ARMY.
................
................ ADVANCED COMPONENT
DEVELOPMENT &
PROTOTYPES
052 0603024A UNIQUE ITEM
IDENTIFICATION
(UID)
053 0603305A ARMY MISSILE 14,683 30,183
DEFENSE SYSTEMS
INTEGRATION(NON
SPACE).
................ Biological Air [3,000]
Filtering
System
Technology.
................ Compact Pulsed [4,000]
Power for
Military
Applications.
................ Adaptive [3,500]
robotic
technology.
................ Advanced [3,000]
electronics
integration.
................ Advanced [2,000]
environmental
controls.
054 0603308A ARMY MISSILE 117,471 117,471
DEFENSE SYSTEMS
INTEGRATION
(SPACE).
055 0603327A AIR AND MISSILE 209,531 160,531
DEFENSE SYSTEMS
ENGINEERING.
................ Center for [1,000]
Defense Systems
Research.
................ Excessive [-50,000]
Project Cost
Growth--Integra
ted Air and
Missile Defense.
056 0603460A JOINT AIR-TO-
GROUND MISSILE
(JAGM)
057 0603619A LANDMINE WARFARE 17,536 17,536
AND BARRIER--ADV
DEV.
058 0603627A SMOKE, OBSCURANT 4,920 4,920
AND TARGET
DEFEATING SYS-ADV
DEV.
059 0603639A TANK AND MEDIUM 33,934 33,934
CALIBER
AMMUNITION.
060 0603653A ADVANCED TANK 90,299 90,299
ARMAMENT SYSTEM
(ATAS).
061 0603747A SOLDIER SUPPORT 31,752 31,752
AND SURVIVABILITY.
062 0603766A TACTICAL 18,228 18,228
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV DEV.
063 0603774A NIGHT VISION
SYSTEMS ADVANCED
DEVELOPMENT.
064 0603779A ENVIRONMENTAL 4,770 8,770
QUALITY
TECHNOLOGY.
................ Cadmium [1,000]
Emissions
Reduction--Lett
erkenny Army
Depot.
................ Vanadium [3,000]
Technology
Program.
065 0603782A WARFIGHTER 180,673 180,673
INFORMATION
NETWORK-TACTICAL.
066 0603790A NATO RESEARCH AND 5,048 5,048
DEVELOPMENT.
067 0603801A AVIATION--ADV DEV. 8,537 8,537
068 0603804A LOGISTICS AND 56,373 46,373
ENGINEER
EQUIPMENT--ADV
DEV.
................ Premature JLTV [-10,000]
program growth.
069 0603805A COMBAT SERVICE 9,868 9,868
SUPPORT CONTROL
SYSTEM EVALUATION
AND ANALYSIS.

[[Page 123 STAT. 2761]]

070 0603807A MEDICAL SYSTEMS-- 31,275 31,275
ADV DEV.
071 0603827A SOLDIER SYSTEMS-- 71,832 73,832
ADVANCED
DEVELOPMENT.
................ Acid Alkaline [2,000]
Direct Methanol
Fuel Cell.
072 0603850A INTEGRATED 1,476 1,476
BROADCAST SERVICE.
................
................ SUBTOTAL, ADVANCED 908,206 870,706
COMPONENT
DEVELOPMENT &
PROTOTYPES, ARMY.
................
................ SYSTEM DEVELOPMENT
& DEMONSTRATION
073 0604201A AIRCRAFT AVIONICS. 92,977 92,977
074 0604220A ARMED, DEPLOYABLE 65,515 65,515
HELOS.
075 0604270A ELECTRONIC WARFARE 248,463 248,463
DEVELOPMENT.
076 0604321A ALL SOURCE 13,107 13,107
ANALYSIS SYSTEM.
077 0604328A TRACTOR CAGE...... 16,286 16,286
078 0604601A INFANTRY SUPPORT 74,814 78,814
WEAPONS.
................ Lightweight [4,000]
caliber .50
machine gun.
079 0604604A MEDIUM TACTICAL 5,683 5,683
VEHICLES.
080 0604609A SMOKE, OBSCURANT 978 978
AND TARGET
DEFEATING SYS-SDD.
081 0604622A FAMILY OF HEAVY 7,477 9,477
TACTICAL VEHICLES.
................ Heavy tactical [2,000]
vehicle
development.
082 0604633A AIR TRAFFIC 7,578 7,578
CONTROL.
083 0604646A NON-LINE OF SIGHT 88,660 88,660
LAUNCH SYSTEM.
084 0604647A NON-LINE OF SIGHT 58,216 31,216
CANNON.
................ Unjustified [-27,000]
Termination
Costs.
085 0604660A FCS MANNED GRD 368,557 184,557
VEHICLES & COMMON
GRD VEHICLE.
................ Unjustified [-184,000]
Termination
Costs.
086 0604661A FCS SYSTEMS OF 1,067,191 1,067,191
SYSTEMS ENGR &
PROGRAM MGMT.
087 0604662A FCS RECONNAISSANCE 68,701 68,701
(UAV) PLATFORMS.
088 0604663A FCS UNMANNED 125,616 125,616
GROUND VEHICLES.
089 0604664A FCS UNATTENDED 26,919 26,919
GROUND SENSORS.
090 0604665A FCS SUSTAINMENT & 749,182 749,182
TRAINING R&D.
091 0604666A SPIN OUT
TECHNOLOGY/
CAPABILITY
INSERTION
092 0604710A NIGHT VISION 55,410 55,410
SYSTEMS--SDD.
093 0604713A COMBAT FEEDING, 2,092 2,092
CLOTHING, AND
EQUIPMENT.
094 0604715A NON-SYSTEM 30,209 30,209
TRAINING DEVICES--
SDD.
095 0604741A AIR DEFENSE 28,936 28,936
COMMAND, CONTROL
AND INTELLIGENCE--
SDD.
096 0604742A CONSTRUCTIVE 33,213 33,213
SIMULATION
SYSTEMS
DEVELOPMENT.
097 0604746A AUTOMATIC TEST 15,320 15,320
EQUIPMENT
DEVELOPMENT.
098 0604760A DISTRIBUTIVE 15,727 15,727
INTERACTIVE
SIMULATIONS
(DIS)--SDD.
099 0604778A POSITIONING 9,446 9,446
SYSTEMS
DEVELOPMENT
(SPACE).
100 0604780A COMBINED ARMS 26,243 26,243
TACTICAL TRAINER
(CATT) CORE.
101 0604783A JOINT NETWORK
MANAGEMENT SYSTEM
102 0604802A WEAPONS AND 34,878 42,378
MUNITIONS--SDD.
................ Common guidance [7,500]
control module.
103 0604804A LOGISTICS AND 36,018 37,518
ENGINEER
EQUIPMENT--SDD.
................ Autonomous [1,500]
Sustainment
Cargo Container
Sea Truck.
104 0604805A COMMAND, CONTROL, 88,995 88,995
COMMUNICATIONS
SYSTEMS--SDD.
105 0604807A MEDICAL MATERIEL/ 33,893 34,693
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--SDD.
................ Plasma [800]
Sterilizer.
106 0604808A LANDMINE WARFARE/ 82,260 60,960
BARRIER--SDD.
................ Program [-21,300]
reduction.
107 0604814A ARTILLERY 42,452 42,452
MUNITIONS.
108 0604817A COMBAT 20,070 20,070
IDENTIFICATION.
109 0604818A ARMY TACTICAL 90,864 90,864
COMMAND & CONTROL
HARDWARE &
SOFTWARE.
110 0604820A RADAR DEVELOPMENT
111 0604822A GENERAL FUND 6,002 6,002
ENTERPRISE
BUSINESS SYSTEM
(GFEBS).
112 0604823A FIREFINDER........ 20,333 20,333
113 0604827A SOLDIER SYSTEMS-- 19,786 19,786
WARRIOR DEM/VAL.

[[Page 123 STAT. 2762]]

114 0604854A ARTILLERY SYSTEMS. 23,318 81,534
................ Accelerate [58,216]
Paladin
integration
management.
115 0604869A PATRIOT/MEADS 569,182 569,182
COMBINED
AGGREGATE PROGRAM
(CAP).
116 0604870A NUCLEAR ARMS 7,140 7,140
CONTROL
MONITORING SENSOR
NETWORK.
117 0605013A INFORMATION 35,309 66,109
TECHNOLOGY
DEVELOPMENT.
................ Transfer from [30,800]
RDDW, line 117,
for DIMHRS
execution.
118 0605450A JOINT AIR-TO- 127,439 127,439
GROUND MISSILE
(JAGM).
119 0605625A MANNED GROUND 100,000 100,000
VEHICLE.
................
................ SUBTOTAL, SYSTEM 4,640,455 4,512,971
DEVELOPMENT &
DEMONSTRATION,
ARMY.
................
................ RDT&E MANAGEMENT
SUPPORT
120 0604256A THREAT SIMULATOR 22,222 22,222
DEVELOPMENT.
121 0604258A TARGET SYSTEMS 13,615 13,615
DEVELOPMENT.
122 0604759A MAJOR T&E 51,846 51,846
INVESTMENT.
123 0605103A RAND ARROYO CENTER 16,305 18,305
................ Program [2,000]
Increase.
124 0605301A ARMY KWAJALEIN 163,514 163,514
ATOLL.
125 0605326A CONCEPTS 23,445 23,445
EXPERIMENTATION
PROGRAM.
126 0605502A SMALL BUSINESS
INNOVATIVE
RESEARCH
127 0605601A ARMY TEST RANGES 354,693 354,693
AND FACILITIES.
128 0605602A ARMY TECHNICAL 72,911 84,111
TEST
INSTRUMENTATION
AND TARGETS.
................ Common regional [3,000]
operational
systems.
................ Data fusion [2,500]
systems.
................ Dugway field [4,500]
test
improvements.
................ MOTS All Sky [1,200]
Imager.
129 0605604A SURVIVABILITY/ 45,016 45,016
LETHALITY
ANALYSIS.
130 0605605A DOD HIGH ENERGY 2,891 8,891
LASER TEST
FACILITY.
................ Program [6,000]
increase.
131 0605606A AIRCRAFT 3,766 3,766
CERTIFICATION.
132 0605702A METEOROLOGICAL 8,391 8,391
SUPPORT TO RDT&E
ACTIVITIES.
133 0605706A MATERIEL SYSTEMS 19,969 19,969
ANALYSIS.
134 0605709A EXPLOITATION OF 5,432 5,432
FOREIGN ITEMS.
135 0605712A SUPPORT OF 77,877 77,877
OPERATIONAL
TESTING.
136 0605716A ARMY EVALUATION 66,309 66,309
CENTER.
137 0605718A ARMY MODELING & 5,357 5,357
SIM X-CMD
COLLABORATION &
INTEG.
138 0605801A PROGRAMWIDE 77,823 77,823
ACTIVITIES.
139 0605803A TECHNICAL 51,620 51,620
INFORMATION
ACTIVITIES.
140 0605805A MUNITIONS 45,053 47,053
STANDARDIZATION,
EFFECTIVENESS AND
SAFETY.
................ 3D woven [2,000]
preform
technology for
Army munitions.
141 0605857A ENVIRONMENTAL 5,191 5,191
QUALITY
TECHNOLOGY MGMT
SUPPORT.
142 0605898A MANAGEMENT HQ--R&D 15,866 15,866
143 0909999A FINANCING FOR
CANCELLED ACCOUNT
ADJUSTMENTS
................
................ SUBTOTAL, RDT&E 1,149,112 1,170,312
MANAGEMENT
SUPPORT, ARMY.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
144 0603778A MLRS PRODUCT 27,693 27,693
IMPROVEMENT
PROGRAM.
145 0603820A WEAPONS CAPABILITY
MODIFICATIONS UAV
146 0102419A AEROSTAT JOINT 360,076 340,076
PROJECT OFFICE.
................ Program delay [-20,000]
reduction.
147 0203726A ADV FIELD 23,727 26,227
ARTILLERY
TACTICAL DATA
SYSTEM.
................ AFATDS Voice [2,500]
Recognition and
Cross Platform
Speech
Interface
System.
148 0203735A COMBAT VEHICLE 190,301 190,301
IMPROVEMENT
PROGRAMS.
149 0203740A MANEUVER CONTROL 21,394 21,394
SYSTEM.
150 0203744A AIRCRAFT 209,401 209,401
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.

[[Page 123 STAT. 2763]]

151 0203752A AIRCRAFT ENGINE 792 792
COMPONENT
IMPROVEMENT
PROGRAM.
152 0203758A DIGITIZATION...... 10,692 10,692
153 0203759A FORCE XXI BATTLE
COMMAND, BRIGADE
AND BELOW (FBCB2)
154 0203801A MISSILE/AIR 39,273 39,273
DEFENSE PRODUCT
IMPROVEMENT
PROGRAM.
155 0203802A OTHER MISSILE 5,000
PRODUCT
IMPROVEMENT
PROGRAMS.
................ Javelin Warhead [5,000]
Improvement
Plan.
156 0203808A TRACTOR CARD...... 20,035 20,035
157 0208010A JOINT TACTICAL
COMMUNICATIONS
PROGRAM (TRI-TAC)
158 0208053A JOINT TACTICAL 13,258 13,258
GROUND SYSTEM.
159 0208058A JOINT HIGH SPEED 3,082 3,082
VESSEL (JHSV).
160 0301359A SPECIAL ARMY [ ] [ ]
PROGRAM.
161 0303028A SECURITY AND 2,144 2,144
INTELLIGENCE
ACTIVITIES.
162 0303140A INFORMATION 74,355 74,355
SYSTEMS SECURITY
PROGRAM.
163 0303141A GLOBAL COMBAT 144,733 144,733
SUPPORT SYSTEM.
164 0303142A SATCOM GROUND 40,097 40,097
ENVIRONMENT
(SPACE).
165 0303150A WWMCCS/GLOBAL 12,034 12,034
COMMAND AND
CONTROL SYSTEM.
166 0303158A JOINT COMMAND AND 20,365 20,365
CONTROL PROGRAM
(JC2).
167 0305204A TACTICAL UNMANNED 202,521 202,521
AERIAL VEHICLES.
168 0305208A DISTRIBUTED COMMON 188,414 190,714
GROUND/SURFACE
SYSTEMS.
................ Joint STARS [1,000]
Surveillance
and Control
Data Link
(SCDL)
Technology
Refresh.
................ Adaptive [1,300]
Defense High-
Speed IP Packet
Inspection
Engine on a
Chip.
169 0305287A BASE EXPED
TARGETING
SURVEILLANCE SYS-
COMBINED
170 0307207A AERIAL COMMON 210,035 210,035
SENSOR (ACS).
171 0702239A AVIONICS COMPONENT
IMPROVEMENT
PROGRAM
172 0708045A END ITEM 68,466 71,966
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
................ Smart machine [2,000]
platform
initiative.
................ Weapon systems [1,500]
repair
technologies.
999 9999999 OTHER PROGRAMS.... 3,883 3,883
................
................ SUBTOTAL, 1,886,771 1,880,071
OPERATIONAL
SYSTEMS
DEVELOPMENT, ARMY.
................
................ TOTAL, RDT&E ARMY. 10,438,218 10,638,534
................
................ RESEARCH,
DEVELOPMENT, TEST
& EVALUATION,
NAVY
................
................ BASIC RESEARCH
001 0601103N UNIVERSITY 99,472 99,472
RESEARCH
INITIATIVES.
002 0601152N IN-HOUSE 18,076 18,076
LABORATORY
INDEPENDENT
RESEARCH.
003 0601153N DEFENSE RESEARCH 413,743 416,243
SCIENCES.
................ Nanoelectronics [2,500]
,
Nanometrology,
and Nanobiology
Initiative.
................
................ SUBTOTAL, BASIC 531,291 533,791
RESEARCH, NAVY.
................
................ APPLIED RESEARCH
004 0602114N POWER PROJECTION 59,787 64,787
APPLIED RESEARCH.
................ Energetics [3,000]
research.
................ Multifunctional [2,000]
Materials,
their
Applications
and Devices.
005 0602123N FORCE PROTECTION 91,400 124,400
APPLIED RESEARCH.
................ Alternative [20,000]
energy research.
................ Energy systems [4,000]
integration
research.
................ Port security [2,000]
technologies.
................ Design [2,000]
Optimization of
Composite High-
Speed Boats
Using Advanced
Composite and
Manufacturing
and Non-
destructive
Evaluation.

[[Page 123 STAT. 2764]]

................ Lithium Ion [2,500]
Storage
Advancement for
Aircraft
Applications.
................ Non-Traditional [2,500]
Weaving
Applications
for Aramid
Ballistic
Fibers and
Fabrics.
006 0602131M MARINE CORPS 39,308 39,308
LANDING FORCE
TECHNOLOGY.
007 0602234N MATERIALS,
ELECTRONICS AND
COMPUTER
TECHNOLOGY
008 0602235N COMMON PICTURE 83,163 83,163
APPLIED RESEARCH.
009 0602236N WARFIGHTER 104,169 107,169
SUSTAINMENT
APPLIED RESEARCH.
................ Anti-reverse [1,000]
engineering
technologies.
................ Managing and [2,000]
Extending DOD
Asset
Lifecycles
(MEDAL).
010 0602271N ELECTROMAGNETIC 64,816 64,816
SYSTEMS APPLIED
RESEARCH.
011 0602435N OCEAN WARFIGHTING 48,750 51,750
ENVIRONMENT
APPLIED RESEARCH.
................ Advanced UUV [1,000]
research.
................ Laser [2,000]
underwater
imaging and
communications
research.
012 0602651M JOINT NON-LETHAL 6,008 6,008
WEAPONS APPLIED
RESEARCH.
013 0602747N UNDERSEA WARFARE 55,694 55,694
APPLIED RESEARCH.
014 0602782N MINE AND 40,880 42,880
EXPEDITIONARY
WARFARE APPLIED
RESEARCH.
................ Electromagnetic [2,000]
signature
assessment
system.
................
................ SUBTOTAL, APPLIED 593,975 639,975
RESEARCH, NAVY.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
015 0603114N POWER PROJECTION 107,969 116,369
ADVANCED
TECHNOLOGY.
................ Countermine [2,000]
Lidar UAV-Based
System (CLUBS).
................ Detection, [2,500]
Tracking, and
Identification
for ISRTE of
Mobile
Asymmetric
Targets.
................ Quiet Drive [2,000]
Advanced Rotary
Actuator.
................ Tactical High [1,900]
Speed Anti-
Radiation
Missile
Demonstration.
016 0603123N FORCE PROTECTION 66,035 78,035
ADVANCED
TECHNOLOGY.
................ Advance coatings [2,000]
for aviation
components.
................ Single [5,000]
generator
operations
lithium ion
battery.
................ High- [2,000]
Temperature
Radar Dome
Materials.
................ Pure Hydrogen [3,000]
Supply from
Logistic Fuels.
017 0603235N COMMON PICTURE 108,394 49,294
ADVANCED
TECHNOLOGY.
................ High-integrity [-59,100]
GPS.
018 0603236N WARFIGHTER 86,239 86,239
SUSTAINMENT
ADVANCED
TECHNOLOGY.
019 0603271N ELECTROMAGNETIC 65,827 65,827
SYSTEMS ADVANCED
TECHNOLOGY.
020 0603640M USMC ADVANCED 107,363 112,363
TECHNOLOGY
DEMONSTRATION
(ATD).
................ Acoustic combat [5,000]
sensors.
021 0603651M JOINT NON-LETHAL 10,998 10,998
WEAPONS
TECHNOLOGY
DEVELOPMENT.
022 0603729N WARFIGHTER 18,609 21,109
PROTECTION
ADVANCED
TECHNOLOGY.
................ Navy Special [2,500]
Warfare
Performance and
Injury
Prevention
Program for SBT
22 at Stennis
Space Center.
023 0603747N UNDERSEA WARFARE 68,037 68,037
ADVANCED
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING 52,643 52,643
EXPERIMENTS AND
DEMONSTRATIONS.
025 0603782N MINE AND 28,782 28,782
EXPEDITIONARY
WARFARE ADVANCED
TECHNOLOGY.
................
................ SUBTOTAL, ADVANCED 720,896 689,696
TECHNOLOGY
DEVELOPMENT, NAVY.
................
................ ADVANCED COMPONENT
DEVELOPMENT &
PROTOTYPES
026 0603207N AIR/OCEAN TACTICAL 116,082 117,482
APPLICATIONS.
................ Semi- [1,400]
submersible for
UUV sensor
developments.
027 0603216N AVIATION 6,505 9,505
SURVIVABILITY.

[[Page 123 STAT. 2765]]

................ Lighter Than [3,000]
Air
Stratospheric
UAV for
Persistant
Communications
Relay and
Surveillance.
028 0603237N DEPLOYABLE JOINT 6,032 6,032
COMMAND AND
CONTROL.
029 0603254N ASW SYSTEMS 16,585 20,585
DEVELOPMENT.
................ Sonobuoy wave [1,000]
energy module.
................ Marine Mammal [3,000]
Awareness,
Alert, and
Response
Systems.
030 0603261N TACTICAL AIRBORNE 7,713 7,713
RECONNAISSANCE.
031 0603382N ADVANCED COMBAT 1,677 1,677
SYSTEMS
TECHNOLOGY.
032 0603502N SURFACE AND 76,739 76,739
SHALLOW WATER
MINE
COUNTERMEASURES.
033 0603506N SURFACE SHIP 57,538 62,038
TORPEDO DEFENSE.
................ Continuous [4,500]
Active Sonar
for Torpedo
Systems.
034 0603512N CARRIER SYSTEMS 173,594 173,594
DEVELOPMENT.
035 0603513N SHIPBOARD SYSTEM 1,691 18,791
COMPONENT
DEVELOPMENT.
................ DDG-51 hybrid [8,100]
propulsion
system.
................ Advanced Steam [4,000]
Turbine.
................ Next Generation [5,000]
Shipboard
Intergrated
Power: Fuel
Efficiency and
Advanced
Capability
Enhancer.
036 0603525N PILOT FISH........ 79,194 79,194
037 0603527N RETRACT LARCH..... 99,757 99,757
038 0603536N RETRACT JUNIPER... 120,752 120,752
039 0603542N RADIOLOGICAL 1,372 1,372
CONTROL.
040 0603553N SURFACE ASW....... 21,995 21,995
041 0603561N ADVANCED SUBMARINE 551,836 553,836
SYSTEM
DEVELOPMENT.
................ Submarine [2,000]
Fatline Vector
Sensor Towed
Array.
042 0603562N SUBMARINE TACTICAL 10,172 10,172
WARFARE SYSTEMS.
043 0603563N SHIP CONCEPT 22,541 22,541
ADVANCED DESIGN.
044 0603564N SHIP PRELIMINARY 28,135 32,135
DESIGN &
FEASIBILITY
STUDIES.
................ Support for [4,000]
Naval Ship
Hydrodynamics
Test Facilities.
045 0603570N ADVANCED NUCLEAR 259,887 259,887
POWER SYSTEMS.
046 0603573N ADVANCED SURFACE 5,599 9,099
MACHINERY SYSTEMS.
................ High Denstiy [1,500]
Power
Conversion and
Distribution
Equipment.
................ Hybrid Electric [2,000]
Drive.
047 0603576N CHALK EAGLE....... 443,555 443,555
048 0603581N LITTORAL COMBAT 360,518 360,518
SHIP (LCS).
049 0603582N COMBAT SYSTEM 22,558 22,558
INTEGRATION.
050 0603609N CONVENTIONAL 3,458 3,458
MUNITIONS.
051 0603611M MARINE CORPS 293,466 293,466
ASSAULT VEHICLES.
052 0603612M USMC MINE
COUNTERMEASURES
SYSTEMS--ADV DEV
053 0603635M MARINE CORPS 73,798 61,798
GROUND COMBAT/
SUPPORT SYSTEM.
................ Premature JLTV [-12,000]
program growth.
054 0603654N JOINT SERVICE 21,054 21,054
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
055 0603658N COOPERATIVE 56,586 56,586
ENGAGEMENT.
056 0603713N OCEAN ENGINEERING 17,328 17,328
TECHNOLOGY
DEVELOPMENT.
057 0603721N ENVIRONMENTAL 20,661 20,661
PROTECTION.
058 0603724N NAVY ENERGY 8,476 16,226
PROGRAM.
................ Molten [3,000]
carbonate fuel
cell
demonstrator.
................ Solar heat [4,750]
reflective film
development.
059 0603725N FACILITIES 4,002 9,602
IMPROVEMENT.
................ Wave Energy [2,400]
Powerbuoy
Generating
System.
................ Photovoltaic [1,500]
Rooftop
Systems--Navy.
................ Regenerative [1,700]
Fuel Cell Back-
Up Power.
060 0603734N CHALK CORAL....... 70,772 70,772
061 0603739N NAVY LOGISTIC 4,301 6,301
PRODUCTIVITY.
................ Highly [1,000]
integrated
optical
interconnects
for advanced
air vehicles.
................ RFID technology [1,000]
exploitation.
062 0603746N RETRACT MAPLE..... 210,237 210,237
063 0603748N LINK PLUMERIA..... 69,313 69,313
064 0603751N RETRACT ELM....... 152,151 152,151
065 0603755N SHIP SELF DEFENSE. 6,960 6,960
066 0603764N LINK EVERGREEN.... 123,660 123,660
067 0603787N SPECIAL PROCESSES. 54,115 54,115

[[Page 123 STAT. 2766]]

068 0603790N NATO RESEARCH AND 10,194 10,194
DEVELOPMENT.
069 0603795N LAND ATTACK 1,238 1,238
TECHNOLOGY.
070 0603851M NONLETHAL WEAPONS. 46,971 46,971
071 0603860N JOINT PRECISION 150,304 150,304
APPROACH AND
LANDING SYSTEMS.
072 0603879N SINGLE INTEGRATED 52,716 52,716
AIR PICTURE
(SIAP) SYSTEM
ENGINEER (SE).
073 0603889N COUNTERDRUG RDT&E
PROJECTS
074 0603925N DIRECTED ENERGY 5,003 7,003
AND ELECTRIC
WEAPON SYSTEMS.
................ Joint [2,000]
Technology
Insertion &
Accelerated
System
Intergration
Capability for
Electronic
Warfare.
075 0604272N TACTICAL AIR 63,702 63,702
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
076 0604450N JOINT AIR-TO-
GROUND MISSILE
(JAGM)
077 0604653N JOINT COUNTER 67,843 67,843
RADIO CONTROLLED
IED ELECTRONIC
WARFARE (JCREW).
078 0604659N PRECISION STRIKE 40,926 40,926
WEAPONS
DEVELOPMENT
PROGRAM.
079 0604707N SPACE AND 42,533 42,533
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
................
................ SUBTOTAL, ADVANCED 4,163,795 4,208,645
COMPONENT
DEVELOPMENT &
PROTOTYPES, NAVY.
................
................ SYSTEM DEVELOPMENT
& DEMONSTRATION
080 0604212N OTHER HELO 54,092 54,092
DEVELOPMENT.
081 0604214N AV-8B AIRCRAFT-- 20,886 20,886
ENG DEV.
082 0604215N STANDARDS 53,540 55,540
DEVELOPMENT.
................ Measurement [2,000]
Standards
Research and
Development.
083 0604216N MULTI-MISSION 81,953 86,653
HELICOPTER
UPGRADE
DEVELOPMENT.
................ USN MH-60S [4,700]
"Close the
Lethality Gap"
M230 Pylon
Qualification.
084 0604218N AIR/OCEAN 7,485 7,485
EQUIPMENT
ENGINEERING.
085 0604221N P-3 MODERNIZATION 3,659 3,659
PROGRAM.
086 0604230N WARFARE SUPPORT 6,307 6,307
SYSTEM.
087 0604231N TACTICAL COMMAND 86,462 86,462
SYSTEM.
088 0604234N ADVANCED HAWKEYE.. 364,557 364,557
089 0604245N H-1 UPGRADES...... 32,830 32,830
090 0604261N ACOUSTIC SEARCH 56,369 56,369
SENSORS.
091 0604262N V-22A............. 89,512 89,512
092 0604264N AIR CREW SYSTEMS 14,265 14,265
DEVELOPMENT.
093 0604269N EA-18............. 55,446 55,446
094 0604270N ELECTRONIC WARFARE 97,635 97,635
DEVELOPMENT.
095 0604273N VH-71A EXECUTIVE 85,240 85,240
HELO DEVELOPMENT.
096 0604274N NEXT GENERATION 127,970 127,970
JAMMER (NGJ).
097 0604280N JOINT TACTICAL 876,374 876,374
RADIO SYSTEM--
NAVY (JTRS-NAVY).
098 0604300N SC-21 TOTAL SHIP
SYSTEM
ENGINEERING
099 0604307N SURFACE COMBATANT 178,459 180,459
COMBAT SYSTEM
ENGINEERING.
................ Surface Ship [2,000]
Advanced
Capability
Build.
100 0604311N LPD-17 CLASS 5,304 5,304
SYSTEMS
INTEGRATION.
101 0604329N SMALL DIAMETER 43,902 43,902
BOMB (SDB).
102 0604366N STANDARD MISSILE 182,197 182,197
IMPROVEMENTS.
103 0604373N AIRBORNE MCM...... 48,712 48,712
104 0604378N NAVAL INTEGRATED 11,727 11,727
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
105 0604501N ADVANCED ABOVE 236,078 251,078
WATER SENSORS.
................ Mobile maritime [15,000]
sensor
technology
development.
106 0604503N SSN-688 AND 122,733 122,733
TRIDENT
MODERNIZATION.
107 0604504N AIR CONTROL....... 6,533 6,533
108 0604512N SHIPBOARD AVIATION 80,623 80,623
SYSTEMS.
109 0604518N COMBAT INFORMATION 13,305 13,305
CENTER CONVERSION.
110 0604558N NEW DESIGN SSN.... 154,756 162,756
................ Common command [6,000]
& control
system module.

[[Page 123 STAT. 2767]]

................ Mold-in-Place [2,000]
Coating for
Development of
U.S. Submarine
Fleet.
111 0604561N SSN-21
DEVELOPMENTS
112 0604562N SUBMARINE TACTICAL 59,703 69,703
WARFARE SYSTEM.
................ Artificial [4,000]
Intelligence-
based combat
system kernel.
................ Submarine [3,000]
environment for
evaluation &
development.
................ Weapon [3,000]
acquisition &
firing system.
113 0604567N SHIP CONTRACT 89,988 92,488
DESIGN/LIVE FIRE
T&E.
................ Automated Fiber [2,500]
Optic
Manufacturing
Initiative for
Navy Ships.
114 0604574N NAVY TACTICAL 4,620 4,620
COMPUTER
RESOURCES.
115 0604601N MINE DEVELOPMENT.. 2,249 2,249
116 0604610N LIGHTWEIGHT 21,105 21,105
TORPEDO
DEVELOPMENT.
117 0604654N JOINT SERVICE 10,327 10,327
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
118 0604703N PERSONNEL, 5,898 5,898
TRAINING,
SIMULATION, AND
HUMAN FACTORS.
119 0604727N JOINT STANDOFF 10,022 10,022
WEAPON SYSTEMS.
120 0604755N SHIP SELF DEFENSE 35,459 38,459
(DETECT &
CONTROL).
................ AUSV........... [3,000]
121 0604756N SHIP SELF DEFENSE 34,236 46,236
(ENGAGE: HARD
KILL).
................ Phalanx Next [12,000]
Generation.
122 0604757N SHIP SELF DEFENSE 88,895 88,895
(ENGAGE: SOFT
KILL/EW).
123 0604761N INTELLIGENCE 14,438 14,438
ENGINEERING.
124 0604771N MEDICAL 9,888 23,488
DEVELOPMENT.
................ Composite [2,000]
tissue
transplantation
research.
................ Custom body [2,000]
implant
development.
................ Multivalent [1,600]
dengue vaccine
program.
................ Orthopedic [3,000]
surgery
instrumentation.
................ U.S. Navy [3,000]
Vaccine Program.
................ U.S. Navy [2,000]
Pandemic
Influenza
Vaccine
Program:
Enhancement of
Influenza
Vaccine
Efficacy.
125 0604777N NAVIGATION/ID 63,184 63,184
SYSTEM.
126 0604784N DISTRIBUTED
SURVEILLANCE
SYSTEM
127 0604800N JOINT STRIKE 1,741,296 1,956,296
FIGHTER (JSF).
................ F136 [215,000]
Development.
128 0605013M INFORMATION 9,868 9,868
TECHNOLOGY
DEVELOPMENT.
129 0605013N INFORMATION 69,026 77,126
TECHNOLOGY
DEVELOPMENT.
................ Information [4,000]
systems
research.
................ Integrated [2,600]
network-centric
technology
systems.
................ Maintenance [1,500]
Planning and
Assessment
Technology
(MPAT)
Insertion.
130 0605212N CH-53K RDTE....... 554,827 554,827
131 0605430N C/KC-130 AVIONICS
MODERNIZATION
PROGRAM (AMP)
132 0605450N JOINT AIR-TO- 81,434 81,434
GROUND MISSILE
(JAGM).
133 0605500N MULTI-MISSION 1,162,417 1,162,417
MARITIME AIRCRAFT
(MMA).
134 0204201N CG(X)............. 150,022 110,022
................ Program delay.. [-40,000]
135 0204202N DDG-1000.......... 539,053 539,053
136 0304785N TACTICAL 19,016 19,016
CRYPTOLOGIC
SYSTEMS.
................
................ SUBTOTAL SYSTEM 7,975,882 8,231,782
DEVELOPMENT &
DEMONSTRATION,
NAVY.
................
................ RDT&E MANAGEMENT
SUPPORT
137 0604256N THREAT SIMULATOR 25,534 25,534
DEVELOPMENT.
138 0604258N TARGET SYSTEMS 79,603 79,603
DEVELOPMENT.
139 0604759N MAJOR T&E 44,844 49,844
INVESTMENT.
................ Aviation [5,000]
enterprise
interoperabilit
y upgrades.
140 0605152N STUDIES AND 11,422 11,422
ANALYSIS SUPPORT--
NAVY.
141 0605154N CENTER FOR NAVAL 49,821 49,821
ANALYSES.
142 0605502N SMALL BUSINESS
INNOVATIVE
RESEARCH
143 0605804N TECHNICAL 735 3,235
INFORMATION
SERVICES.
................ Center for [2,500]
Commercializati
on of Advanced
Technology.
144 0605853N MANAGEMENT, 60,590 60,590
TECHNICAL &
INTERNATIONAL
SUPPORT.

[[Page 123 STAT. 2768]]

145 0605856N STRATEGIC 3,633 3,633
TECHNICAL SUPPORT.
146 0605861N RDT&E SCIENCE AND 70,942 70,942
TECHNOLOGY
MANAGEMENT.
147 0605862N RDT&E
INSTRUMENTATION
MODERNIZATION
148 0605863N RDT&E SHIP AND 193,353 193,353
AIRCRAFT SUPPORT.
149 0605864N TEST AND 380,733 380,733
EVALUATION
SUPPORT.
150 0605865N OPERATIONAL TEST 12,010 12,010
AND EVALUATION
CAPABILITY.
151 0605866N NAVY SPACE AND 2,703 2,703
ELECTRONIC
WARFARE (SEW)
SUPPORT.
152 0605867N SEW SURVEILLANCE/ 20,921 20,921
RECONNAISSANCE
SUPPORT.
153 0605873M MARINE CORPS 19,004 19,004
PROGRAM WIDE
SUPPORT.
154 0305885N TACTICAL 2,464 2,464
CRYPTOLOGIC
ACTIVITIES.
155 0804758N SERVICE SUPPORT TO 4,197 4,197
JFCOM, JNTC.
156 0909999N FINANCING FOR
CANCELLED ACCOUNT
ADJUSTMENTS
................
................ SUBTOTAL, RDT&E 982,509 990,009
MANAGEMENT
SUPPORT, NAVY.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
158 0604227N HARPOON
MODIFICATIONS
159 0604402N UNMANNED COMBAT 311,204 311,204
AIR VEHICLE
(UCAV) ADVANCED
COMPONENT AND
PROTOTYPE
DEVELOPMENT.
160 0101221N STRATEGIC SUB & 74,939 76,109
WEAPONS SYSTEM
SUPPORT.
................ Advanced LINAC [1,170]
Facility.
161 0101224N SSBN SECURITY 34,479 34,479
TECHNOLOGY
PROGRAM.
162 0101226N SUBMARINE ACOUSTIC 7,211 7,211
WARFARE
DEVELOPMENT.
163 0101402N NAVY STRATEGIC 43,982 46,982
COMMUNICATIONS.
................ E-6B Strategic [3,000]
Communications
Upgrade Block
1A (VLF-TX &
HPTS).
164 0203761N RAPID TECHNOLOGY 39,125 39,125
TRANSITION (RTT).
165 0204136N F/A-18 SQUADRONS.. 127,733 127,733
166 0204152N E-2 SQUADRONS..... 63,058 63,058
167 0204163N FLEET 37,431 37,431
TELECOMMUNICATION
S (TACTICAL).
168 0204229N TOMAHAWK AND 13,238 13,238
TOMAHAWK MISSION
PLANNING CENTER
(TMPC).
169 0204311N INTEGRATED 24,835 24,835
SURVEILLANCE
SYSTEM.
170 0204413N AMPHIBIOUS 2,324 2,324
TACTICAL SUPPORT
UNITS
(DISPLACEMENT
CRAFT).
171 0204571N CONSOLIDATED 49,293 49,293
TRAINING SYSTEMS
DEVELOPMENT.
172 0204574N CRYPTOLOGIC DIRECT 1,609 1,609
SUPPORT.
173 0204575N ELECTRONIC WARFARE 37,524 37,524
(EW) READINESS
SUPPORT.
174 0205601N HARM IMPROVEMENT.. 30,045 30,045
175 0205604N TACTICAL DATA 25,003 25,003
LINKS.
176 0205620N SURFACE ASW COMBAT 41,803 41,803
SYSTEM
INTEGRATION.
177 0205632N MK-48 ADCAP....... 28,438 28,438
178 0205633N AVIATION 135,840 123,349
IMPROVEMENTS.
................ F135 engine [-12,491]
funding ahead
of need.
179 0205658N NAVY SCIENCE 3,716 3,716
ASSISTANCE
PROGRAM.
180 0205675N OPERATIONAL 72,031 72,031
NUCLEAR POWER
SYSTEMS.
181 0206313M MARINE CORPS 287,348 287,348
COMMUNICATIONS
SYSTEMS.
182 0206623M MARINE CORPS 120,379 124,379
GROUND COMBAT/
SUPPORTING ARMS
SYSTEMS.
................ Expandable [1,000]
rigid wall
composite
shelters.
................ Marine [3,000]
personnel
carrier support
system.
183 0206624M MARINE CORPS 17,057 18,057
COMBAT SERVICES
SUPPORT.
................ High [1,000]
performance
capabilities
for military
vehicles.
184 0206625M USMC INTELLIGENCE/ 30,167 30,167
ELECTRONIC
WARFARE SYSTEMS
(MIP).
185 0207161N TACTICAL AIM 2,298 2,298
MISSILES.
186 0207163N ADVANCED MEDIUM 3,604 3,604
RANGE AIR-TO-AIR
MISSILE (AMRAAM).
187 0208058N JOINT HIGH SPEED 8,431 8,431
VESSEL (JHSV).
188 0301303N MARITIME [ ] [ ]
INTELLIGENCE.
189 0301323N COLLECTION [ ] [ ]
MANAGEMENT.
190 0301327N TECHNICAL [ ] [ ]
RECONNAISSANCE
AND SURVEILLANCE.
191 0301372N CYBER SECURITY [ ] [ ]
INITIATIVE--GDIP.

[[Page 123 STAT. 2769]]

192 0303109N SATELLITE 474,009 474,009
COMMUNICATIONS
(SPACE).
193 0303138N CONSOLIDATED 45,513 45,513
AFLOAT NETWORK
ENTERPRISE
SERVICES (CANES).
194 0303140N INFORMATION 24,226 24,226
SYSTEMS SECURITY
PROGRAM.
195 0303158M JOINT COMMAND AND 2,453 2,453
CONTROL PROGRAM
(JC2).
196 0303158N JOINT COMMAND AND 4,139 4,139
CONTROL PROGRAM
(JC2).
197 0305149N COBRA JUDY........ 62,061 62,061
198 0305160N NAVY 28,094 28,094
METEOROLOGICAL
AND OCEAN SENSORS-
SPACE (METOC).
199 0305192N MILITARY 4,600 4,600
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
200 0305204N TACTICAL UNMANNED 8,971 8,971
AERIAL VEHICLES.
201 0305205N ENDURANCE UNMANNED
AERIAL VEHICLES
202 0305206N AIRBORNE 46,208 46,208
RECONNAISSANCE
SYSTEMS.
203 0305207N MANNED 22,599 22,599
RECONNAISSANCE
SYSTEMS.
204 0305208N DISTRIBUTED COMMON 18,079 18,079
GROUND/SURFACE
SYSTEMS.
205 0305220N RQ-4 UAV.......... 465,839 465,839
206 0305231N MQ-8 UAV.......... 25,639 25,639
207 0305232M RQ-11 UAV......... 553 553
208 0305233N RQ-7 UAV.......... 986 986
209 0305234M SMALL (LEVEL 0) 18,763 18,763
TACTICAL UAS
(STUASL0).
210 0305234N SMALL (LEVEL 0) 23,594 23,594
TACTICAL UAS
(STUASL0).
211 0307207N AERIAL COMMON
SENSOR (ACS)
212 0307217N EP-3E REPLACEMENT 11,976 11,976
(EPX).
213 0308601N MODELING AND 8,028 8,028
SIMULATION
SUPPORT.
214 0702207N DEPOT MAINTENANCE 14,675 14,675
(NON-IF).
215 0702239N AVIONICS COMPONENT 2,725 2,725
IMPROVEMENT
PROGRAM.
216 0708011N INDUSTRIAL 56,691 66,691
PREPAREDNESS.
................ Integrated [5,000]
manufacturing
enterprise.
................ Life extension [2,500]
of weapon
system
structures
research.
................ Laser [2,500]
Optimization
Remote Lighting
Systems.
217 0708730N MARITIME 4,000
TECHNOLOGY
(MARITECH).
................ National [4,000]
Shipbuilding
Research
Program.
999 9999999 OTHER PROGRAMS.... 1,258,018 1,258,018
................
................ SUBTOTAL, 4,302,584 4,313,263
OPERATIONAL
SYSTEMS
DEVELOPMENT,
RDT&E.
................
................ TOTAL, RDT&E NAVY. 19,270,932 19,607,161
................
................
................ RESEARCH,
DEVELOPMENT, TEST
& EVALUATION, AIR
FORCE
................
................ BASIC RESEARCH
001 0601102F DEFENSE RESEARCH 321,028 322,028
SCIENCES.
................ Coal [1,000]
transformation
research.
002 0601103F UNIVERSITY 132,249 138,449
RESEARCH
INITIATIVES.
................ Cybersecurity [1,700]
for control
networks
research.
................ End-user [2,000]
software
safeguard
research.
................ Informatics [1,000]
research.
................ Information [1,500]
security
research.
003 0601108F HIGH ENERGY LASER 12,834 12,834
RESEARCH
INITIATIVES.
004 0301555F CLASSIFIED [ ] [ ]
PROGRAMS.
005 0301556F SPECIAL PROGRAM... [ ] [ ]
................
................ SUBTOTAL, BASIC 466,111 473,311
RESEARCH, AIR
FORCE.
................
................ APPLIED RESEARCH
006 0602015F MEDICAL
DEVELOPMENT.
007 0602102F MATERIALS......... 127,957 136,957
................ Advanced [3,000]
aerospace heat
exchangers.
................ Energy and [2,000]
automation
technologies.
................ Energy [1,000]
efficiency,
recovery, and
generation
systems.
................ Health [2,000]
monitoring
sensors for
aerospace
components.
................ Mid-infrared [1,000]
laser source
research.
008 0602201F AEROSPACE VEHICLE 127,129 136,529
TECHNOLOGIES.

[[Page 123 STAT. 2770]]

................ Unmanned aerial [2,500]
system
collaboration
technologies.
................ UAV Sensor and [4,900]
Maintenance
Development.
................ Unmanned Sense, [2,000]
Track, and
Avoid Radar.
009 0602202F HUMAN 85,122 85,122
EFFECTIVENESS
APPLIED RESEARCH.
010 0602203F AEROSPACE 196,529 210,029
PROPULSION.
................ Hybrid bearing [1,000]
development.
................ Integrated [2,000]
electrical
starter/
generator
systems.
................ Lithium ion [1,500]
technologies
for aviation
batteries.
................ Thermally [2,000]
efficient
engine pumping
system.
................ Advanced [2,000]
Lithium Battery
Scale-Up and
Manufacturing.
................ Advanced [3,000]
Vehicle
Propulsion
Center (AVPC).
................ Multi-Mode [2,000]
Propulsion
Phase IIA: High
Performance
Green
Propellant.
011 0602204F AEROSPACE SENSORS. 121,768 126,568
................ Net-Centric [3,000]
Sensor Grids.
................ Information [1,800]
Quality Tools
for Persistent
Survelliance
Data Sets.
012 0602601F SPACE TECHNOLOGY.. 104,148 113,248
................ Reconfigurable [1,000]
electronics
research.
................ Seismic [5,000]
research
program.
................ Advanced [3,100]
Modular
Avionics for
ORS Use.
013 0602602F CONVENTIONAL 58,289 58,289
MUNITIONS.
014 0602605F DIRECTED ENERGY 105,677 101,427
TECHNOLOGY.
................ Chemical laser [-4,250]
technology.
015 0602702F COMMAND CONTROL
AND
COMMUNICATIONS
016 0602788F DOMINANT 115,278 115,278
INFORMATION
SCIENCES AND
METHODS.
017 0602890F HIGH ENERGY LASER 52,754 48,654
RESEARCH.
................ Advanced [2,000]
deformable
mirrors for
high energy
laser weapons.
................ Chemical laser [-6,100]
technology.
................
................ SUBTOTAL, APPLIED 1,094,651 1,132,101
RESEARCH, AIR
FORCE.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
018 0603112F ADVANCED MATERIALS 37,901 54,201
FOR WEAPON
SYSTEMS.
................ Sewage-derived [4,800]
biofuels
program.
................ Metals [10,000]
Affordability
Initiative.
................ Rapid Automated [1,500]
Processing of
Advances Low
Observables.
019 0603199F SUSTAINMENT 2,955 2,955
SCIENCE AND
TECHNOLOGY (S&T).
020 0603203F ADVANCED AEROSPACE 51,482 53,482
SENSORS.
................ Reconfigurable [2,000]
secure
computing
technologies.
021 0603211F AEROSPACE 76,844 81,844
TECHNOLOGY DEV/
DEMO.
................ Long Loiter, [5,000]
Load Bearing
Antenna
Platform for
Pervasive
Airborne
Intelligence.
022 0603216F AEROSPACE 175,676 198,676
PROPULSION AND
POWER TECHNOLOGY.
................ Alternative [20,000]
energy research.
................ Silicon carbide [3,000]
power
electronics
research.
023 0603231F CREW SYSTEMS AND
PERSONNEL
PROTECTION
TECHNOLOGY.
024 0603270F ELECTRONIC COMBAT 31,021 31,021
TECHNOLOGY.
025 0603401F ADVANCED 83,909 86,909
SPACECRAFT
TECHNOLOGY.
................ Small [3,000]
Responsive
Spacecraft at
Low-Cost (SRSL).
026 0603444F MAUI SPACE 5,813 5,813
SURVEILLANCE
SYSTEM (MSSS).
027 0603456F HUMAN 24,565 24,565
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
028 0603601F CONVENTIONAL 14,356 14,356
WEAPONS
TECHNOLOGY.
029 0603605F ADVANCED WEAPONS 30,056 30,056
TECHNOLOGY.
030 0603680F MANUFACTURING 39,913 45,163
TECHNOLOGY
PROGRAM.
................ Next generation [3,250]
casting
initiative.
................ Production of [2,000]
Nanocomposites
for Aerospace
Applications.
031 0603788F BATTLESPACE 39,708 46,208
KNOWLEDGE
DEVELOPMENT AND
DEMONSTRATION.
................ Optical [2,500]
interconnects
research.
................ Cyber Attack [4,000]
and Security
Environment.
032 0603789F C3I ADVANCED
DEVELOPMENT

[[Page 123 STAT. 2771]]

033 0603924F HIGH ENERGY LASER 3,831 3,831
ADVANCED
TECHNOLOGY
PROGRAM.
................
................ SUBTOTAL, ADVANCED 618,030 679,080
TECHNOLOGY
DEVELOPMENT, AIR
FORCE.
................
................ ADVANCED COMPONENT
DEVELOPMENT &
PROTOTYPES
034 0603260F INTELLIGENCE 5,009 5,009
ADVANCED
DEVELOPMENT.
035 0603287F PHYSICAL SECURITY 3,623 3,623
EQUIPMENT.
036 0603421F NAVSTAR GLOBAL
POSITIONING
SYSTEM III
037 0603423F GLOBAL POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL SEGMENT
038 0603430F ADVANCED EHF 464,335 464,335
MILSATCOM (SPACE).
039 0603432F POLAR MILSATCOM 253,150 253,150
(SPACE).
040 0603438F SPACE CONTROL 97,701 102,701
TECHNOLOGY.
................ Space [5,000]
situational
awareness.
041 0603742F COMBAT 27,252 27,252
IDENTIFICATION
TECHNOLOGY.
042 0603790F NATO RESEARCH AND 4,351 4,351
DEVELOPMENT.
043 0603791F INTERNATIONAL 632 632
SPACE COOPERATIVE
R&D.
044 0603845F TRANSFORMATIONAL
SATCOM (TSAT)
045 0603850F INTEGRATED 20,739 20,739
BROADCAST SERVICE.
046 0603851F INTERCONTINENTAL 66,079 66,079
BALLISTIC MISSILE.
047 0603854F WIDEBAND GLOBAL 70,956 70,956
SATCOM RDT&E
(SPACE).
048 0603859F POLLUTION 2,896 2,896
PREVENTION.
049 0603860F JOINT PRECISION 23,174 23,174
APPROACH AND
LANDING SYSTEMS.
050 0604015F NEXT GENERATION
BOMBER
051 0604283F BATTLE MGMT COM & 22,612 22,612
CTRL SENSOR
DEVELOPMENT.
052 0604327F HARD AND DEEPLY 20,891 20,891
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS) PROGRAM.
053 0604330F JOINT DUAL ROLE 6,882 6,882
AIR DOMINANCE
MISSILE.
054 0604337F REQUIREMENTS 35,533 35,533
ANALYSIS AND
MATURATION.
055 0604635F GROUND ATTACK 18,778 18,778
WEAPONS FUZE
DEVELOPMENT.
056 0604796F ALTERNATIVE FUELS. 89,020 91,020
................ Advanced [2,000]
Propulsion Non-
Tactical
Vehicle.
057 0604830F AUTOMATED AIR-TO- 43,158 43,158
AIR REFUELING.
058 0604856F COMMON AERO
VEHICLE (CAV)
059 0604857F OPERATIONALLY 112,861 112,861
RESPONSIVE SPACE.
060 0604858F TECH TRANSITION 9,611 9,611
PROGRAM.
061 0305178F NATIONAL POLAR- 396,641 396,641
ORBITING
OPERATIONAL
ENVIRONMENTAL
SATELLITE SYSTEM
(NPOESS).
061a 604xxxxF NEXT GENERATION 50,000
MILSATCOM
TECHNOLOGY
DEVELOPMENT.
................ Next generation [50,000]
MILSATCOM
technology
development.
................
................ SUBTOTAL, ADVANCED 1,795,884 1,852,884
COMPONENT
DEVELOPMENT &
PROTOTYPES, AIR
FORCE.
................
................ SYSTEM DEVELOPMENT
& DEMONSTRATION
062 0603840F GLOBAL BROADCAST 31,124 31,124
SERVICE (GBS).
063 0604222F NUCLEAR WEAPONS 37,860 37,860
SUPPORT.
064 0604226F B-1B..............
065 0604233F SPECIALIZED 6,227 6,227
UNDERGRADUATE
FLIGHT TRAINING.
066 0604240F B-2 ADVANCED 12,000
TECHNOLOGY BOMBER.
................ Advanced Data [12,000]
Link.
067 0604261F PERSONNEL RECOVERY
SYSTEMS
068 0604270F ELECTRONIC WARFARE 97,275 97,275
DEVELOPMENT.
069 0604281F TACTICAL DATA 88,444 88,444
NETWORKS
ENTERPRISE.
070 0604287F PHYSICAL SECURITY 50 50
EQUIPMENT.
071 0604329F SMALL DIAMETER 153,815 153,815
BOMB (SDB).
072 0604421F COUNTERSPACE 64,248 64,248
SYSTEMS.
073 0604425F SPACE SITUATION 308,134 271,434
AWARENESS SYSTEMS.
................ SBSS follow-on-- [-36,700]
program delay.
074 0604429F AIRBORNE 11,107 11,107
ELECTRONIC ATTACK.
075 0604441F SPACE BASED 512,642 512,642
INFRARED SYSTEM
(SBIRS) HIGH EMD.

[[Page 123 STAT. 2772]]

076 0604443F THIRD GENERATION 143,169 143,169
INFRARED
SURVEILLANCE
(3GIRS).
077 0604602F ARMAMENT/ORDNANCE 18,671 18,671
DEVELOPMENT.
078 0604604F SUBMUNITIONS...... 1,784 1,784
079 0604617F AGILE COMBAT 11,261 12,261
SUPPORT.
................ Backpack [1,000]
Medical Oxygen
System.
080 0604706F LIFE SUPPORT 10,711 13,111
SYSTEMS.
................ ACES 5 Ejection [2,400]
Seat.
081 0604735F COMBAT TRAINING 29,718 29,718
RANGES.
082 0604740F INTEGRATED COMMAND 10 4,010
& CONTROL
APPLICATIONS
(IC2A).
................ Distributed [4,000]
Mission
Interoperabilit
y Toolkit
(DMIT).
083 0604750F INTELLIGENCE 1,495 1,495
EQUIPMENT.
084 0604800F JOINT STRIKE 1,858,055 2,073,055
FIGHTER (JSF).
................ F136 Engine [215,000]
Development.
085 0604851F INTERCONTINENTAL 60,010 60,010
BALLISTIC MISSILE.
086 0604853F EVOLVED EXPENDABLE 26,545 26,545
LAUNCH VEHICLE
PROGRAM (SPACE).
087 0605011F RDT&E FOR AGING
AIRCRAFT
088 0605221F NEXT GENERATION 439,615 439,615
AERIAL REFUELING
AIRCRAFT.
089 0605277F CSAR-X RDT&E...... 89,975 0
................ Use available [-89,975]
prior year
funds.
090 0605278F HC/MC-130 RECAP 20,582 20,582
RDT&E.
091 0605452F JOINT SIAP 34,877 34,877
EXECUTIVE PROGRAM
OFFICE.
092 0207434F LINK-16 SUPPORT
AND SUSTAINMENT
093 0207450F E-10 SQUADRONS
094 0207451F SINGLE INTEGRATED 13,466 13,466
AIR PICTURE
(SIAP).
095 0207701F FULL COMBAT 99,807 99,807
MISSION TRAINING.
096 0305176F COMBAT SURVIVOR
EVADER LOCATOR
097 0401138F JOINT CARGO 9,353 9,353
AIRCRAFT (JCA).
098 0401318F CV-22............. 19,640 19,640
099 0401845F AIRBORNE SENIOR 20,056 20,056
LEADER C3 (SLC3S).
................
................ SUBTOTAL, SYSTEM 4,219,726 4,327,451
DEVELOPMENT &
DEMONSTRATION,
AIR FORCE.
................
................ RDT&E MANAGEMENT
SUPPORT
100 0604256F THREAT SIMULATOR 27,789 27,789
DEVELOPMENT.
101 0604759F MAJOR T&E 60,824 68,324
INVESTMENT.
................ Holloman High [5,000]
Speed Test
Track.
................ Eglin AFB Range [2,500]
Operations
Control Center.
102 0605101F RAND PROJECT AIR 27,501 27,501
FORCE.
103 0605502F SMALL BUSINESS
INNOVATION
RESEARCH
104 0605712F INITIAL 25,833 25,833
OPERATIONAL TEST
& EVALUATION.
105 0605807F TEST AND 736,488 755,788
EVALUATION
SUPPORT.
................ Program [19,300]
increase.
106 0605860F ROCKET SYSTEMS 14,637 14,637
LAUNCH PROGRAM
(SPACE).
107 0605864F SPACE TEST PROGRAM 47,215 47,215
(STP).
108 0605976F FACILITIES 52,409 52,409
RESTORATION AND
MODERNIZATION--TE
ST AND EVALUATION
SUPPORT.
109 0605978F FACILITIES 29,683 29,683
SUSTAINMENT--TEST
AND EVALUATION
SUPPORT.
110 0702806F ACQUISITION AND 18,947 18,947
MANAGEMENT
SUPPORT.
111 0804731F GENERAL SKILL 1,450 1,450
TRAINING.
112 0909999F FINANCING FOR
CANCELLED ACCOUNT
ADJUSTMENTS
113 1001004F INTERNATIONAL 3,748 3,748
ACTIVITIES.
................
................ SUBTOTAL, RDT&E 1,046,524 1,073,324
MANAGEMENT
SUPPORT, AIR
FORCE.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
114 0604263F COMMON VERTICAL 9,513 9,513
LIFT SUPPORT
PLATFORM.
115 0605024F ANTI-TAMPER 47,276 47,276
TECHNOLOGY
EXECUTIVE AGENCY.
116 0605798F ANALYSIS SUPPORT [ ] [ ]
GROUP.
117 0101113F B-52 SQUADRONS.... 93,930 93,930
118 0101122F AIR-LAUNCHED 3,652 3,652
CRUISE MISSILE
(ALCM).

[[Page 123 STAT. 2773]]

119 0101126F B-1B SQUADRONS.... 148,025 177,025
................ Transferred [29,000]
from APAF Line
28.
120 0101127F B-2 SQUADRONS..... 415,414 415,414
121 0101313F STRAT WAR PLANNING 33,836 33,836
SYSTEM--USSTRATCO
M.
122 0101314F NIGHT FIST-- 5,328 5,328
USSTRATCOM.
123 0101815F ADVANCED STRATEGIC [ ] [ ]
PROGRAMS.
124 0102325F ATMOSPHERIC EARLY 9,832 9,832
WARNING SYSTEM.
125 0102326F REGION/SECTOR 25,734 25,734
OPERATION CONTROL
CENTER
MODERNIZATION
PROGRAM.
126 0102823F STRATEGIC 18 18
AEROSPACE
INTELLIGENCE
SYSTEM ACTIVITIES.
127 0203761F WARFIGHTER RAPID 11,996 11,996
ACQUISITION
PROCESS (WRAP)
RAPID TRANSITION
FUND.
128 0205219F MQ-9 UAV.......... 39,245 39,245
129 0207040F MULTI-PLATFORM 14,747 14,747
ELECTRONIC
WARFARE EQUIPMENT.
130 0207131F A-10 SQUADRONS.... 9,697 9,697
131 0207133F F-16 SQUADRONS.... 141,020 141,020
132 0207134F F-15E SQUADRONS... 311,167 312,167
................ Corrosion [1,000]
Detection and
Visualization
Program.
133 0207136F MANNED DESTRUCTIVE 10,748 10,748
SUPPRESSION.
134 0207138F F-22A SQUADRONS... 569,345 569,345
135 0207161F TACTICAL AIM 5,915 5,915
MISSILES.
136 0207163F ADVANCED MEDIUM 49,971 49,971
RANGE AIR-TO-AIR
MISSILE (AMRAAM).
137 0207170F JOINT HELMET 2,529 2,529
MOUNTED CUEING
SYSTEM (JHMCS).
138 0207227F COMBAT RESCUE-- 2,950 2,950
PARARESCUE.
139 0207247F AF TENCAP......... 11,643 11,643
140 0207249F PRECISION ATTACK 2,950 2,950
SYSTEMS
PROCUREMENT.
141 0207253F COMPASS CALL...... 13,019 13,019
142 0207268F AIRCRAFT ENGINE 166,563 154,563
COMPONENT
IMPROVEMENT
PROGRAM.
................ F135 Engine-- [-12,000]
Early to need.
143 0207277F CSAF INNOVATION 4,621 4,621
PROGRAM.
144 0207325F JOINT AIR-TO- 29,494 29,494
SURFACE STANDOFF
MISSILE (JASSM).
145 0207410F AIR & SPACE 99,405 99,405
OPERATIONS CENTER
(AOC).
146 0207412F CONTROL AND 52,508 52,508
REPORTING CENTER
(CRC).
147 0207417F AIRBORNE WARNING 176,040 176,040
AND CONTROL
SYSTEM (AWACS).
148 0207418F TACTICAL AIRBORNE
CONTROL SYSTEMS
149 0207423F ADVANCED 63,782 63,782
COMMUNICATIONS
SYSTEMS.
150 0207424F EVALUATION AND [ ] [ ]
ANALYSIS PROGRAM.
151 0207431F COMBAT AIR 1,475 1,475
INTELLIGENCE
SYSTEM ACTIVITIES.
152 0207438F THEATER BATTLE 19,067 19,067
MANAGEMENT (TBM)
C4I.
153 0207445F FIGHTER TACTICAL 72,106 72,106
DATA LINK.
154 0207446F BOMBER TACTICAL
DATA LINK
155 0207448F C2ISR TACTICAL 1,667 1,667
DATA LINK.
156 0207449F COMMAND AND 26,792 26,792
CONTROL (C2)
CONSTELLATION.
157 0207581F JOINT SURVEILLANCE/ 140,670 140,670
TARGET ATTACK
RADAR SYSTEM
(JSTARS).
158 0207590F SEEK EAGLE........ 22,071 22,071
159 0207601F USAF MODELING AND 27,245 27,245
SIMULATION.
160 0207605F WARGAMING AND 7,018 7,018
SIMULATION
CENTERS.
161 0207697F DISTRIBUTED 6,740 6,740
TRAINING AND
EXERCISES.
162 0208006F MISSION PLANNING 91,995 91,995
SYSTEMS.
163 0208021F INFORMATION 12,271 12,271
WARFARE SUPPORT.
164 0208161F SPECIAL EVALUATION [ ] [ ]
SYSTEM.
165 0301310F NATIONAL AIR [ ] [ ]
INTELLIGENCE
CENTER.
................ Open Source [1,000]
Research
Centers.
166 0301314F COBRA BALL........ [ ] [ ]
167 0301315F MISSILE AND SPACE [ ] [ ]
TECHNICAL
COLLECTION.
168 0301324F FOREST GREEN...... [ ] [ ]
169 0301386F GDIP COLLECTION [ ] [ ]
MANAGEMENT.
170 0302015F E-4B NATIONAL 26,107 26,107
AIRBORNE
OPERATIONS CENTER
(NAOC).
171 0303112F AIR FORCE
COMMUNICATIONS
(AIRCOM)

[[Page 123 STAT. 2774]]

172 0303131F MINIMUM ESSENTIAL 72,694 72,694
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
173 0303140F INFORMATION 196,621 196,621
SYSTEMS SECURITY
PROGRAM.
174 0303141F GLOBAL COMBAT 3,375 3,375
SUPPORT SYSTEM.
175 0303150F GLOBAL COMMAND AND 3,149 3,149
CONTROL SYSTEM.
176 0303158F JOINT COMMAND AND 3,087 3,087
CONTROL PROGRAM
(JC2).
177 0303601F MILSATCOM 257,693 257,693
TERMINALS.
179 0304260F AIRBORNE SIGINT 176,989 176,989
ENTERPRISE.
180 0304311F SELECTED [ ] [ ]
ACTIVITIES.
181 0304348F ADVANCED [ ] [ ]
GEOSPATIAL
INTELLIGENCE
(AGI).
................ Advanced [6,500]
Technical
Intelligence
Center.
182 0305099F GLOBAL AIR TRAFFIC 6,028 6,028
MANAGEMENT (GATM).
183 0305103F CYBER SECURITY 2,065 2,065
INITIATIVE.
184 0305110F SATELLITE CONTROL 20,991 20,991
NETWORK (SPACE).
185 0305111F WEATHER SERVICE... 33,531 33,531
186 0305114F AIR TRAFFIC 9,006 9,006
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
187 0305116F AERIAL TARGETS.... 54,807 54,807
188 0305124F SPECIAL [ ] [ ]
APPLICATIONS
PROGRAM.
189 0305127F FOREIGN [ ] [ ]
COUNTERINTELLIGEN
CE ACTIVITIES.
190 0305128F SECURITY AND 742 742
INVESTIGATIVE
ACTIVITIES.
191 0305142F APPLIED TECHNOLOGY [ ] [ ]
AND INTEGRATION.
192 0305146F DEFENSE JOINT 39 39
COUNTERINTELLIGEN
CE ACTIVITIES.
194 0305164F NAVSTAR GLOBAL 137,692 137,692
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
195 0305165F NAVSTAR GLOBAL 52,039 52,039
POSITIONING
SYSTEM (SPACE AND
CONTROL SEGMENTS).
196 0305172F COMBINED ADVANCED [ ] [ ]
APPLICATIONS.
197 0305173F SPACE AND MISSILE 3,599 3,599
TEST AND
EVALUATION CENTER.
198 0305174F SPACE WARFARE 3,009 3,009
CENTER.
199 0305182F SPACELIFT RANGE 9,957 9,957
SYSTEM (SPACE).
200 0305193F INTELLIGENCE 1,240 1,240
SUPPORT TO
INFORMATION
OPERATIONS (IO).
201 0305202F DRAGON U-2
202 0305205F ENDURANCE UNMANNED 73,736 38,736
AERIAL VEHICLES.
................ ISIS........... [-35,000]
203 0305206F AIRBORNE 143,892 145,892
RECONNAISSANCE
SYSTEMS.
................ GORGON STARE...
................ Multiple UAS [2,000]
Cooperative
Concentrated
Observation and
Engagement
Against a
Common Ground
Objective.
204 0305207F MANNED 12,846 15,346
RECONNAISSANCE
SYSTEMS.
................ Rivet Joint [2,500]
Services
Oriented
Architecture
(SOA).
205 0305208F DISTRIBUTED COMMON 82,765 82,765
GROUND/SURFACE
SYSTEMS.
206 0305219F MQ-1 PREDATOR A 18,101 22,101
UAV.
................ Sense and avoid [4,000]
207 0305220F RQ-4 UAV.......... 317,316 317,316
208 0305221F NETWORK-CENTRIC 8,160 8,160
COLLABORATIVE
TARGETING.
209 0305265F GPS III SPACE 815,095 717,695
SEGMENT.
................ GPS Control [-97,400]
Segment (OCX).
210 0305614F JSPOC MISSION 131,271 137,271
SYSTEM.
................ Karnac......... [6,000]
211 0305887F INTELLIGENCE 5,267 5,267
SUPPORT TO
INFORMATION
WARFARE.
212 0305906F NCMC--TW/AA SYSTEM
213 0305913F NUDET DETECTION 84,021 84,021
SYSTEM (SPACE).
214 0305924F NATIONAL SECURITY 10,634 10,634
SPACE OFFICE.
215 0305940F SPACE SITUATION 54,648 54,648
AWARENESS
OPERATIONS.
216 0307141F INFORMATION 30,076 30,076
OPERATIONS
TECHNOLOGY
INTEGRATION &
TOOL DEVELOPMENT.
217 0308699F SHARED EARLY 3,082 3,082
WARNING (SEW).
218 0401115F C-130 AIRLIFT 201,250 201,250
SQUADRON.
219 0401119F C-5 AIRLIFT 95,266 95,266
SQUADRONS (IF).
220 0401130F C-17 AIRCRAFT (IF) 161,855 161,855
221 0401132F C-130J PROGRAM.... 30,019 30,019
222 0401134F LARGE AIRCRAFT IR 31,784 31,784
COUNTERMEASURES
(LAIRCM).

[[Page 123 STAT. 2775]]

223 0401218F KC-135S........... 10,297 10,297
224 0401219F KC-10S............ 35,586 35,586
225 0401221F KC-135 TANKER
REPLACEMENT
226 0401314F OPERATIONAL 4,916 4,916
SUPPORT AIRLIFT.
227 0401839F AIR MOBILITY
TACTICAL DATA
LINK
228 0408011F SPECIAL TACTICS / 8,222 8,222
COMBAT CONTROL.
229 0702207F DEPOT MAINTENANCE 1,508 1,508
(NON-IF).
230 0702976F FACILITIES
RESTORATION &
MODERNIZATION--LO
GISTICS
231 0708011F INDUSTRIAL 2,000
PREPAREDNESS.
................ Wire Integrity [2,000]
Technology.
232 0708610F LOGISTICS 246,483 246,483
INFORMATION
TECHNOLOGY
(LOGIT).
233 0708611F SUPPORT SYSTEMS 6,288 8,288
DEVELOPMENT.
................ ALC Logistics [2,000]
Integration
Environment.
234 0804743F OTHER FLIGHT 805 805
TRAINING.
235 0804757F JOINT NATIONAL 3,220 3,220
TRAINING CENTER.
236 0804772F TRAINING 1,769 1,769
DEVELOPMENTS.
237 0808716F OTHER PERSONNEL 116 116
ACTIVITIES.
238 0901202F JOINT PERSONNEL 6,376 11,376
RECOVERY AGENCY.
................ Biometric [5,000]
signature and
passive
physiological
monitoring.
239 0901212F SERVICE-WIDE
SUPPORT (NOT
OTHERWISE
ACCOUNTED FOR)
240 0901218F CIVILIAN 8,174 8,174
COMPENSATION
PROGRAM.
241 0901220F PERSONNEL 10,492 30,982
ADMINISTRATION.
................ DIMHRS--OSD [20,490]
requested
transfer from
RDDW, Line 117.
242 0901538F FINANCIAL 55,991 55,991
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
999 9999999 OTHER PROGRAMS.... 11,955,084 12,137,084
................ Program [172,500]
Increase.
................ Carbon Nanotube [2,000]
Enhanced Power
Sources for
Space.
................
................ SUBTOTAL, 18,751,901 18,863,491
OPERATIONAL
SYSTEMS
DEVELOPMENT, AIR
FORCE.
................
................ TOTAL, RDT&E AIR 27,992,827 28,401,642
FORCE.
................
................ RESEARCH,
DEVELOPMENT, TEST
& EVALUATION,
DEFENSE-WIDE
................
................ BASIC RESEARCH
001 0601000BR DTRA BASIC 48,544 48,544
RESEARCH
INITIATIVE.
002 0601101E DEFENSE RESEARCH 226,125 226,125
SCIENCES.
003 0601111D8Z GOVERNMENT/
INDUSTRY
COSPONSORSHIP OF
UNIVERSITY
RESEARCH
004 0601114D8Z DEFENSE
EXPERIMENTAL
PROGRAM TO
STIMULATE
COMPETITIVE
RESEARCH.
005 0601120D8Z NATIONAL DEFENSE 89,980 89,980
EDUCATION PROGRAM.
006 0601384BP CHEMICAL AND 58,974 64,874
BIOLOGICAL
DEFENSE PROGRAM.
................ In-vitro models [1,900]
for bio-defense
vaccines.
................ Synchrotron [4,000]
Beamline and
Experimental
Station.
................
................ SUBTOTAL, BASIC 423,623 429,523
RESEARCH, DEFENSE-
WIDE.
................
................ APPLIED RESEARCH
007 0602000D8Z JOINT MUNITIONS 22,669 18,961
TECHNOLOGY.
................ Partial Program [-3,708]
Growth
Reduction.
008 0602227D8Z MEDICAL FREE
ELECTRON LASER
009 0602228D8Z HISTORICALLY BLACK 15,164 20,164
COLLEGES AND
UNIVERSITIES
(HBCU) SCIENCE.
................ Historically [5,000]
Black Colleges
and
Universities
and Minority
Serving
Institutions
Program.
010 0602234D8Z LINCOLN LABORATORY 34,034 34,034
RESEARCH PROGRAM.
011 0602303E INFORMATION & 282,749 272,749
COMMUNICATIONS
TECHNOLOGY.
................ Program [-10,000]
Reduction.
012 0602304E COGNITIVE 142,840 142,840
COMPUTING SYSTEMS.
013 0602383E BIOLOGICAL WARFARE 40,587 40,587
DEFENSE.
014 0602384BP CHEMICAL AND 209,072 212,972
BIOLOGICAL
DEFENSE PROGRAM.

[[Page 123 STAT. 2776]]

................ Chemical and [1,900]
biological
infrared
detector.
................ Chemical and [2,000]
Biological
Resistant
Clothing.
015 0602663D8Z JOINT DATA 4,940 4,940
MANAGEMENT
ADVANCED
DEVELOPMENT.
016 0602670D8Z HUMAN, SOCIAL AND 9,446 9,446
CULTURE BEHAVIOR
MODELING (HSCB)
APPLIED RESEARCH.
017 0602702E TACTICAL 276,075 266,075
TECHNOLOGY.
................ Program [-10,000]
Reduction.
018 0602715E MATERIALS AND 268,859 263,859
BIOLOGICAL
TECHNOLOGY.
................ Program [-5,000]
Reduction.
019 0602716E ELECTRONICS 223,841 213,841
TECHNOLOGY.
................ Program [-10,000]
Reduction.
020 0602718BR WEAPONS OF MASS 219,130 220,630
DESTRUCTION
DEFEAT
TECHNOLOGIES.
................ Blast [1,500]
mitigation and
protection.
021 1160401BB SPECIAL OPERATIONS 27,384 27,384
TECHNOLOGY
DEVELOPMENT.
022 1160407BB SOF MEDICAL
TECHNOLOGY
DEVELOPMENT
................
................ SUBTOTAL, APPLIED 1,776,790 1,748,482
RESEARCH, DEFENSE-
WIDE.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS 23,538 16,754
ADVANCED
TECHNOLOGY.
................ Partial Program [-6,784]
Growth
Reduction.
024 0603121D8Z SO/LIC ADVANCED 43,808 43,808
DEVELOPMENT.
025 0603122D8Z COMBATING 81,868 92,368
TERRORISM
TECHNOLOGY
SUPPORT.
................ Reconnaissance [3,500]
and data
exploitation
systems.
................ Affordable [2,000]
Robust Mid-
Sized UGV.
................ Integrated [2,500]
Rugged
Checkpoint
Container.
................ Combating [2,500]
Terrorism:
Threat and Risk
Assessment.
026 0603160BR COUNTERPROLIFERATI 233,203 233,203
ON INITIATIVES--
PROLIFERATION
PREVENTION AND
DEFEAT.
027 0603175C BALLISTIC MISSILE 109,760 104,760
DEFENSE
TECHNOLOGY.
................ General [-5,000]
Reduction.
028 0603200D8Z JOINT ADVANCED 7,817 7,817
CONCEPTS.
029 0603225D8Z JOINT DOD-DOE 23,276 23,276
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
030 0603286E ADVANCED AEROSPACE 338,360 249,360
SYSTEMS.
................ Program [-89,000]
Reduction.
031 0603287E SPACE PROGRAMS AND 200,612 200,612
TECHNOLOGY.
032 0603384BP CHEMICAL AND 282,235 284,235
BIOLOGICAL
DEFENSE PROGRAM--
ADVANCED
DEVELOPMENT.
................ Total Perimeter [2,000]
Surveillance.
033 0603618D8Z JOINT ELECTRONIC 10,838 10,838
ADVANCED
TECHNOLOGY.
034 0603648D8Z JOINT CAPABILITY 198,352 177,352
TECHNOLOGY
DEMONSTRATIONS.
................ JCTD new starts [-25,000]
................ High Accuracy [2,000]
Network
Determination
System--Intelli
gent Optical
Networks (HANDS-
ION).
................ Distributed [2,000]
Network
Switching and
Security.
035 0603662D8Z NETWORKED 28,212 28,212
COMMUNICATIONS
CAPABILITIES.
036 0603663D8Z JOINT DATA 4,935 4,935
MANAGEMENT
RESEARCH.
037 0603665D8Z BIOMETRICS SCIENCE 10,993 10,993
AND TECHNOLOGY.
038 0603670D8Z HUMAN, SOCIAL AND 11,480 11,480
CULTURE BEHAVIOR
MODELING (HSCB)
ADVANCED
DEVELOPMENT.
039 0603680D8Z DEFENSE-WIDE 14,638 24,638
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
................ High [10,000]
performance
defense
manufacturing
technology.
040 0603711D8Z JOINT ROBOTICS 9,110 11,110
PROGRAM/
AUTONOMOUS
SYSTEMS.
................ Robotics [2,000]
training
systems.
041 0603712S GENERIC LOGISTICS 19,043 33,643
R&D TECHNOLOGY
DEMONSTRATIONS.
................ Biofuels [2,000]
program.
................ Biomass [1,600]
conversion
research.
................ Fuel cell [1,000]
manufacturing
research.
................ Vehicle fuel [8,000]
cell and
hydrogen
logistics
program.
................ Next Generation [2,000]
Manufacturing
Technologies
Initiative.
042 0603713S DEPLOYMENT AND 29,356 29,356
DISTRIBUTION
ENTERPRISE
TECHNOLOGY.

[[Page 123 STAT. 2777]]

043 0603716D8Z STRATEGIC 69,175 69,175
ENVIRONMENTAL
RESEARCH PROGRAM.
044 0603720S MICROELECTRONICS 26,310 30,810
TECHNOLOGY
DEVELOPMENT AND
SUPPORT.
................ Feature Size [2,500]
Yield
Enhancement at
DMEA's
Semiconductors
Foundry.
................ End to End Semi [2,000]
Fab Alpha Tool.
045 0603727D8Z JOINT WARFIGHTING 11,135 11,135
PROGRAM.
046 0603739E ADVANCED 205,912 190,912
ELECTRONICS
TECHNOLOGIES.
................ Program [-15,000]
Reduction.
047 0603745D8Z SYNTHETIC APERTURE 4,864 4,864
RADAR (SAR)
COHERENT CHANGE
DETECTION (CDD).
048 0603750D8Z ADVANCED CONCEPT
TECHNOLOGY
DEMONSTRATIONS
049 0603755D8Z HIGH PERFORMANCE 221,286 224,286
COMPUTING
MODERNIZATION
PROGRAM.
................ Computational [3,000]
design of novel
materials.
050 0603760E COMMAND, CONTROL 293,476 275,326
AND
COMMUNICATIONS
SYSTEMS.
................ CCC-CLS [-18,150]
execution
delays.
051 0603764E LAND WARFARE
TECHNOLOGY
052 0603765E CLASSIFIED DARPA 186,526 186,526
PROGRAMS.
053 0603766E NETWORK-CENTRIC 135,941 135,941
WARFARE
TECHNOLOGY.
054 0603767E SENSOR TECHNOLOGY. 243,056 218,056
................ Program [-15,000]
Reduction.
................ SEN-CLS [-10,000]
execution
delays.
055 0603768E GUIDANCE 37,040 37,040
TECHNOLOGY.
056 0603769SE DISTRIBUTED 13,822 13,822
LEARNING ADVANCED
TECHNOLOGY
DEVELOPMENT.
057 0603781D8Z SOFTWARE 31,298 31,298
ENGINEERING
INSTITUTE.
058 0603805S DUAL USE
TECHNOLOGY
059 0603826D8Z QUICK REACTION 107,984 94,484
SPECIAL PROJECTS.
................ Quick Reaction [-15,000]
Fund.
................ Special warfare [1,500]
domain
awareness.
060 0603828D8Z JOINT 124,480 122,180
EXPERIMENTATION.
................ Tidewater Full [2,700]
Scale Exercise.
................ National Center [-5,000]
for Small Unit
Excellence.
061 0603832D8Z DOD MODELING AND 38,505 38,505
SIMULATION
MANAGEMENT OFFICE.
062 0603941D8Z TEST & EVALUATION 95,734 95,734
SCIENCE &
TECHNOLOGY.
063 0603942D8Z TECHNOLOGY 2,219 5,219
TRANSFER.
................ National Radio [3,000]
Frequency RD&T
Transfer Center.
064 0909999D8Z FINANCING FOR
CANCELLED ACCOUNT
ADJUSTMENTS
065 1160402BB SPECIAL OPERATIONS 31,675 36,775
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................ Lithium ion [1,600]
battery safety
research.
................ Partnership for [3,500]
Defense
Innovation Wi-
Fi Laboratory
Testing and
Assessment
Center.
066 1160422BB AVIATION 3,544 3,544
ENGINEERING
ANALYSIS.
067 1160472BB SOF INFORMATION 4,988 4,988
AND BROADCAST
SYSTEMS ADVANCED
TECHNOLOGY.
................
................ SUBTOTAL, ADVANCED 3,570,404 3,429,370
TECHNOLOGY
DEVELOPMENT,
DEFENSE-WIDE.
................
................ ADVANCED COMPONENT
DEVELOPMENT &
PROTOTYPES
068 0603161D8Z NUCLEAR AND 36,019 36,019
CONVENTIONAL
PHYSICAL SECURITY
EQUIPMENT RDT&E
ADC&P.
069 0603228D8Z PHYSICAL SECURITY
EQUIPMENT
070 0603527D8Z RETRACT LARCH..... 21,718 21,718
071 0603709D8Z JOINT ROBOTICS 11,803 13,803
PROGRAM.
................ Autonomous [2,000]
Machine Vision
for Mapping and
Investigation
of Remote Sites.
072 0603714D8Z ADVANCED SENSOR 17,771 17,771
APPLICATIONS
PROGRAM.
073 0603851D8Z ENVIRONMENTAL 31,613 31,613
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.

[[Page 123 STAT. 2778]]

074 0603881C BALLISTIC MISSILE 719,465 719,465
DEFENSE TERMINAL
DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE 982,922 1,002,922
DEFENSE MIDCOURSE
DEFENSE SEGMENT.
................ GBI vendor base [20,000]
sustainment.
076 0603883C BALLISTIC MISSILE 186,697 186,697
DEFENSE BOOST
DEFENSE SEGMENT.
077 0603884BP CHEMICAL AND 205,952 207,552
BIOLOGICAL
DEFENSE PROGRAM.
................ Real-time non- [1,600]
specific viral
agent detector.
078 0603884C BALLISTIC MISSILE 636,856 636,856
DEFENSE SENSORS.
079 0603886C BALLISTIC MISSILE
DEFENSE SYSTEM
INTERCEPTOR
080 0603888C BALLISTIC MISSILE 966,752 940,752
DEFENSE TEST &
TARGETS.
................ Target [-26,000]
Synchronization
with Test
Schedule.
081 0603890C BMD ENABLING 369,145 354,145
PROGRAMS.
................ Programs [-15,000]
Reduction.
082 0603891C SPECIAL PROGRAMS-- 301,566 286,566
MDA.
................ Program [-15,000]
Decrease due to
excessive
growth.
083 0603892C AEGIS BMD......... 1,690,758 1,690,758
084 0603893C SPACE TRACKING & 180,000 173,200
SURVEILLANCE
SYSTEM.
................ Demonstration [-6,800]
Satellites.
085 0603894C MULTIPLE KILL
VEHICLE
086 0603895C BALLISTIC MISSILE 12,549 12,549
DEFENSE SYSTEM
SPACE PROGRAMS.
087 0603896C BALLISTIC MISSILE 340,014 340,014
DEFENSE COMMAND
AND CONTROL,
BATTLE MANAGEMENT
AND
COMMUNICATIONS.
088 0603897C BALLISTIC MISSILE 48,186 48,186
DEFENSE HERCULES.
089 0603898C BALLISTIC MISSILE 60,921 61,421
DEFENSE JOINT
WARFIGHTER
SUPPORT.
................ Independent [500]
Advisory Group
to Review
Ballistic
Missile Defense
Training Needs.
090 0603904C MISSILE DEFENSE 86,949 86,949
INTEGRATION &
OPERATIONS CENTER
(MDIOC).
091 0603906C REGARDING TRENCH.. 6,164 6,164
092 0603907C SEA BASED X-BAND 174,576 174,576
RADAR (SBX).
093 0603908C BMD EUROPEAN
INTERCEPTOR SITE
094 0603909C BMD EUROPEAN
MIDCOURSE RADAR
095 0603911C BMD EUROPEAN 50,504 50,504
CAPABILITY.
096 0603912C BMD EUROPEAN
COMMUNICATIONS
SUPPORT
097 0603913C ISRAELI 119,634 144,634
COOPERATIVE
PROGRAMS.
................ Short-range [25,000]
ballistic
missile defense.
098 0603920D8Z HUMANITARIAN 14,687 14,687
DEMINING.
099 0603923D8Z COALITION WARFARE. 13,885 13,885
100 0604016D8Z DEPARTMENT OF 4,887 8,387
DEFENSE CORROSION
PROGRAM.
................ Corrosion [3,500]
control
research.
101 0604400D8Z DEPARTMENT OF 55,289 55,289
DEFENSE (DOD)
UNMANNED AIRCRAFT
SYSTEM (UAS)
COMMON
DEVELOPMENT.
102 0604648D8Z JOINT CAPABILITY 18,577 18,577
TECHNOLOGY
DEMONSTRATIONS.
103 0604670D8Z HUMAN, SOCIAL AND 7,006 7,006
CULTURE BEHAVIOR
MODELING (HSCB)
RESEARCH AND
ENGINEERING.
104 0604787D8Z JOINT SYSTEMS 19,744 19,744
INTEGRATION
COMMAND (JSIC).
105 0604828D8Z JOINT FIRES 16,972 16,972
INTEGRATION AND
INTEROPERABILITY
TEAM.
106 0605017D8Z REDUCTION OF TOTAL 24,647 24,647
OWNERSHIP COST.
107 0303191D8Z JOINT 3,949 3,949
ELECTROMAGNETIC
TECHNOLOGY (JET)
PROGRAM.
................
................ SUBTOTAL, ADVANCED 7,438,177 7,427,977
COMPONENT
DEVELOPMENT &
PROTOTYPES,
DEFENSE-WIDE.
................
................ SYSTEM DEVELOPMENT
& DEMONSTRATION
108 0604051D8Z DEFENSE 28,862 28,862
ACQUISITION
CHALLENGE PROGRAM
(DACP).
109 0604161D8Z NUCLEAR AND 7,628 7,628
CONVENTIONAL
PHYSICAL SECURITY
EQUIPMENT RDT&E
SDD.

[[Page 123 STAT. 2779]]

110 0604165D8Z PROMPT GLOBAL 166,913 166,913
STRIKE CAPABILITY
DEVELOPMENT.
111 0604384BP CHEMICAL AND 332,895 332,895
BIOLOGICAL
DEFENSE PROGRAM.
112 0604709D8Z JOINT ROBOTICS 5,127 5,127
PROGRAM.
113 0604764K ADVANCED IT 39,911 39,911
SERVICES JOINT
PROGRAM OFFICE
(AITS-JPO).
114 0604771D8Z JOINT TACTICAL 20,633 20,633
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
115 0605000BR WEAPONS OF MASS 8,735 8,735
DESTRUCTION
DEFEAT
CAPABILITIES.
116 0605013BL INFORMATION 11,705 11,705
TECHNOLOGY
DEVELOPMENT.
117 0605018BTA DEFENSE INTEGRATED 70,000 18,710
MILITARY HUMAN
RESOURCES SYSTEM
(DIMHRS).
................ Transfer to RDA, [-30,800]
line 117 for
DIMHRS
execution.
................ Transfer to [-20,490]
RDAF, line 241
for DIMHRS
execution.
118 0605020BTA BUSINESS 197,008 197,008
TRANSFORMATION
AGENCY R&D
ACTIVITIES.
119 0605021SE HOMELAND PERSONNEL 395 395
SECURITY
INITIATIVE.
120 0605027D8Z OUSD(C) IT 5,000 5,000
DEVELOPMENT
INITIATIVES.
121 0605140D8Z TRUSTED FOUNDRY... 41,223 41,223
122 0605648D8Z DEFENSE 4,267 4,267
ACQUISITION
EXECUTIVE (DAE)
PILOT PROGRAM.
123 0303141K GLOBAL COMBAT 18,431 18,431
SUPPORT SYSTEM.
124 0303158K JOINT COMMAND AND 49,047 49,047
CONTROL PROGRAM
(JC2).
125 0807708D8Z WOUNDED ILL AND 1,609 1,609
INJURED SENIOR
OVERSIGHT
COMMITTEE (WII-
SOC) STAFF OFFICE.
................
................ SUBTOTAL, SYSTEM 1,009,389 958,099
DEVELOPMENT &
DEMONSTRATION,
DEFENSE-WIDE.
................
................ RDT&E MANAGEMENT
SUPPORT
126 0603757D8Z TRAINING
TRANSFORMATION
(T2)
127 0604774D8Z DEFENSE READINESS 13,121 13,121
REPORTING SYSTEM
(DRRS).
128 0604875D8Z JOINT SYSTEMS 15,247 15,247
ARCHITECTURE
DEVELOPMENT.
129 0604940D8Z CENTRAL TEST AND 145,052 155,052
EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
................ Joint Gulf [3,000]
Range Test and
Training
Complex.
................ Gulf Range [3,000]
Mobile
Instrumentation
Capability.
................ Advanced SAM [4,000]
Hardware
Simulator
Development.
130 0604943D8Z THERMAL VICAR..... 9,045 9,045
131 0605100D8Z JOINT MISSION 9,455 9,455
ENVIRONMENT TEST
CAPABILITY
(JMETC).
132 0605104D8Z TECHNICAL STUDIES, 44,760 44,760
SUPPORT AND
ANALYSIS.
133 0605110D8Z USD(A&T)--CRITICAL 4,914 4,914
TECHNOLOGY
SUPPORT.
134 0605117D8Z FOREIGN MATERIAL 94,921 94,921
ACQUISITION AND
EXPLOITATION.
135 0605126J JOINT INTEGRATED 96,909 96,909
AIR AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
136 0605128D8Z CLASSIFIED PROGRAM [ ] [ ]
USD(P).
137 0605130D8Z FOREIGN 35,054 35,054
COMPARATIVE
TESTING.
138 0605161D8Z NUCLEAR MATTERS- 6,474 6,474
PHYSICAL SECURITY.
139 0605170D8Z SUPPORT TO 14,916 14,916
NETWORKS AND
INFORMATION
INTEGRATION.
140 0605200D8Z GENERAL SUPPORT TO 5,888 5,888
USD
(INTELLIGENCE).
141 0605384BP CHEMICAL AND 106,477 106,477
BIOLOGICAL
DEFENSE PROGRAM.
142 0605502BR SMALL BUSINESS
INNOVATION
RESEARCH
143 0605502C SMALL BUSINESS
INNOVATIVE
RESEARCH--MDA
144 0605502D8Z SMALL BUSINESS
INNOVATIVE
RESEARCH
145 0605502E SMALL BUSINESS
INNOVATIVE
RESEARCH
146 0605502S SMALL BUSINESS
INNOVATIVE
RESEARCH
147 0605790D8Z SMALL BUSINESS 2,163 4,063
INNOVATION
RESEARCH/
CHALLENGE
ADMINISTRATION.
................ Anti-tamper [1,900]
software
systems.
148 0605798D8Z DEFENSE TECHNOLOGY 11,005 11,005
ANALYSIS.
149 0605798S DEFENSE TECHNOLOGY
ANALYSIS
150 0605799D8Z FORCE 19,981 19,981
TRANSFORMATION
DIRECTORATE.
151 0605801KA DEFENSE TECHNICAL 54,411 49,411
INFORMATION
CENTER (DTIC).

[[Page 123 STAT. 2780]]

................ Program [-5,000]
Reduction.
152 0605803SE R&D IN SUPPORT OF 19,554 19,554
DOD ENLISTMENT,
TESTING AND
EVALUATION.
153 0605804D8Z DEVELOPMENT TEST 23,512 23,512
AND EVALUATION.
154 0605897E DARPA AGENCY 45,000 45,000
RELOCATION.
155 0605898E MANAGEMENT HQ--R&D 51,055 51,055
156 0606100D8Z BUDGET AND PROGRAM 5,929 5,929
ASSESSMENTS.
157 0606301D8Z AVIATION SAFETY 8,000 8,000
TECHNOLOGIES.
158 0204571J JOINT STAFF 1,250 1,250
ANALYTICAL
SUPPORT.
159 0301555G CLASSIFIED [ ] [ ]
PROGRAMS.
160 0301556G SPECIAL PROGRAM... [ ] [ ]
161 0303166D8Z SUPPORT TO 30,604 30,604
INFORMATION
OPERATIONS (IO)
CAPABILITIES.
162 0303169D8Z INFORMATION 4,667 4,667
TECHNOLOGY RAPID
ACQUISITION.
163 0305103E CYBER SECURITY 50,000 50,000
INITIATIVE.
164 0305193D8Z INTELLIGENCE 20,648 20,648
SUPPORT TO
INFORMATION
OPERATIONS (IO).
165 0305193G INTELLIGENCE [ ] [ ]
SUPPORT TO
INFORMATION
OPERATIONS (IO).
166 0305400D8Z WARFIGHTING AND 829 829
INTELLIGENCE-
RELATED SUPPORT.
167 0804767D8Z COCOM EXERCISE 34,306 34,306
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2).
168 0901585C PENTAGON 19,709 19,709
RESERVATION.
169 0901598C MANAGEMENT HQ--MDA 57,403 57,403
170 0901598D8W IT SOFTWARE DEV 980 980
INITIATIVES.
170A 9999999 OTHER PROGRAMS.... 124,705 124,705
................
................ SUBTOTAL, RDT&E 1,187,944 1,194,844
MANAGEMENT
SUPPORT, DEFENSE-
WIDE.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
171 0604130V DEFENSE 1,384 1,384
INFORMATION
SYSTEM FOR
SECURITY (DISS).
172 0605127T REGIONAL 2,001 2,001
INTERNATIONAL
OUTREACH (RIO)
AND PARTNERSHIP
FOR PEACE
INFORMATION MANA.
173 0605147T OVERSEAS 292 292
HUMANITARIAN
ASSISTANCE SHARED
INFORMATION
SYSTEM (OHASIS).
174 0607384BP CHEMICAL AND 6,198 6,198
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
175 0607828D8Z JOINT INTEGRATION 46,214 46,214
AND
INTEROPERABILITY.
176 0204571J JOINT STAFF
ANALYTICAL
SUPPORT
177 0208043J CLASSIFIED 2,179 2,179
PROGRAMS.
178 0208045K C4I 74,786 74,786
INTEROPERABILITY.
180 0301144K JOINT/ALLIED 10,767 10,767
COALITION
INFORMATION
SHARING.
181 0301301L GENERAL DEFENSE [ ] [ ]
INTELLIGENCE
PROGRAM.
................ Advanced [2,500]
Scientific
Missile
Intelligence
Preparation of
the Battlespace
(IPB).
................ Portable Device [1,800]
for Latent
Fingerprint
Identification.
182 0301318BB HUMINT [ ] [ ]
(CONTROLLED).
183 0301371G CYBER SECURITY [ ] [ ]
INITIATIVE--CCP.
184 0301372L CYBER SECURITY [ ] [ ]
INITIATIVE--GDIP.
185 0301555BZ CLASSIFIED [ ] [ ]
PROGRAMS.
186 0301556BZ SPECIAL PROGRAM... [ ] [ ]
187 0302016K NATIONAL MILITARY 548 548
COMMAND SYSTEM-
WIDE SUPPORT.
188 0302019K DEFENSE INFO 17,655 17,655
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
189 0303126K LONG-HAUL 9,406 9,406
COMMUNICATIONS--D
CS.
190 0303131K MINIMUM ESSENTIAL 9,830 9,830
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
191 0303135G PUBLIC KEY 8,116 8,116
INFRASTRUCTURE
(PKI).
192 0303136G KEY MANAGEMENT 41,002 41,002
INFRASTRUCTURE
(KMI).
193 0303140D8Z INFORMATION 13,477 13,477
SYSTEMS SECURITY
PROGRAM.
194 0303140G INFORMATION 408,316 408,316
SYSTEMS SECURITY
PROGRAM.
195 0303140K INFORMATION
SYSTEMS SECURITY
PROGRAM
196 0303148K DISA MISSION 1,205 1,205
SUPPORT
OPERATIONS.

[[Page 123 STAT. 2781]]

197 0303149J C4I FOR THE 4,098 4,098
WARRIOR.
198 0303150K GLOBAL COMMAND AND 23,761 23,761
CONTROL SYSTEM.
199 0303153K JOINT SPECTRUM 18,944 18,944
CENTER.
200 0303170K NET-CENTRIC 1,782 1,782
ENTERPRISE
SERVICES (NCES).
201 0303260D8Z JOINT MILITARY 942 942
DECEPTION
INITIATIVE.
202 0303610K TELEPORT PROGRAM.. 5,239 5,239
203 0304210BB SPECIAL 16,381 16,381
APPLICATIONS FOR
CONTINGENCIES.
204 0304345BQ NATIONAL [ ] [ ]
GEOSPATIAL-
INTELLIGENCE
PROGRAM (NGP).
206 0305103D8Z CYBER SECURITY 993 993
INITIATIVE.
207 0305103G CYBER SECURITY [ ] [ ]
INITIATIVE.
208 0305103K CYBER SECURITY 10,080 10,080
INITIATIVE.
209 0305125D8Z CRITICAL 12,725 12,725
INFRASTRUCTURE
PROTECTION (CIP).
210 0305127BZ FOREIGN
COUNTERINTELLIGEN
CE ACTIVITIES
211 0305127L FOREIGN [ ] [ ]
COUNTERINTELLIGEN
CE ACTIVITIES.
212 0305146BZ DEFENSE JOINT [ ] [ ]
COUNTERINTELLIGEN
CE ACTIVITIES.
213 0305146L DEFENSE JOINT [ ] [ ]
COUNTERINTELLIGEN
CE ACTIVITIES.
214 0305183L DEFENSE HUMAN [ ] [ ]
INTELLIGENCE
(HUMINT)
ACTIVITIES.
215 0305186D8Z POLICY R&D 6,948 6,948
PROGRAMS.
216 0305193L INTELLIGENCE
SUPPORT TO
INFORMATION
OPERATIONS (IO)
217 0305199D8Z NET CENTRICITY.... 1,479 1,479
218 0305202G DRAGON U-2........ [ ] [ ]
219 0305206G AIRBORNE [ ] [ ]
RECONNAISSANCE
SYSTEMS.
220 0305207G MANNED
RECONNAISSANCE
SYSTEMS.
221 0305208BB DISTRIBUTED COMMON 1,407 1,407
GROUND/SURFACE
SYSTEMS.
222 0305208BQ DISTRIBUTED COMMON [ ] [ ]
GROUND/SURFACE
SYSTEMS.
223 0305208G DISTRIBUTED COMMON [ ] [ ]
GROUND/SURFACE
SYSTEMS.
224 0305208K DISTRIBUTED COMMON 3,158 3,158
GROUND/SURFACE
SYSTEMS.
225 0305208L DISTRIBUTED COMMON [ ] [ ]
GROUND/SURFACE
SYSTEMS.
226 0305219BB MQ-1 PREDATOR A 2,067 2,067
UAV.
227 0305229G REAL-TIME [ ] [ ]
ARCHITECTURE
DEVELOPMENT
(RT10).
228 0305387D8Z HOMELAND DEFENSE 2,963 2,963
TECHNOLOGY
TRANSFER PROGRAM.
229 0305600D8Z INTERNATIONAL 1,389 1,389
INTELLIGENCE
TECHNOLOGY
ASSESSMENT,
ADVANCEMENT AND
INTEGRATION.
230 0305866L DIA SUPPORT TO
SOUTHCOM
INTELLIGENCE
ACTIVITIES
231 0305880L COMBATANT COMMAND
INTELLIGENCE
OPERATIONS
232 0305883L HARD AND DEEPLY [ ] [ ]
BURIED TARGET
(HDBT) INTEL
SUPPORT.
233 0305884L INTELLIGENCE [ ] [ ]
PLANNING AND
REVIEW ACTIVITIES.
................ Technology [3,000]
applications
for security
enhancement.
235 0305889G COUNTERDRUG
INTELLIGENCE
SUPPORT
236 0307141G INFORMATION [ ] [ ]
OPERATIONS
TECHNOLOGY
INTEGRATION &
TOOL DEV.
237 0307207G AERIAL COMMON [ ] [ ]
SENSOR (ACS).
238 0708011S INDUSTRIAL 20,514 51,714
PREPAREDNESS.
................ Industrial Base [30,000]
Innovation Fund.
................ Northwest [1,200]
Manufacturing
Initiative.
239 0708012S LOGISTICS SUPPORT 2,798 2,798
ACTIVITIES.
240 0902298J MANAGEMENT 8,303 8,303
HEADQUARTERS
(JCS).
241 1001018D8Z NATO AGS.......... 74,485 74,485
242 1105219BB MQ-9 UAV.......... 4,380 4,380
243 1130435BB STORM
244 1160279BB SMALL BUSINESS
INNOVATIVE
RESEARCH/SMALL
BUS TECH TRANSFER
PILOT PROG
245 1160403BB SPECIAL OPERATIONS 82,621 72,621
AVIATION SYSTEMS
ADVANCED
DEVELOPMENT.
................ Avionics [-10,000]
Modernization
Program.
246 1160404BB SPECIAL OPERATIONS 6,182 1,594
TACTICAL SYSTEMS
DEVELOPMENT.
................ SOF Resource [-4,588]
Business
Information
System.

[[Page 123 STAT. 2782]]

247 1160405BB SPECIAL OPERATIONS 21,273 33,173
INTELLIGENCE
SYSTEMS
DEVELOPMENT.
................ Biometric [2,000]
Optical
Surveillance
System (BOSS).
................ Counterprolifer [5,000]
ation Analysis
and Planning
System (CAPS).
................ Advanced long [4,900]
endurance
unattended
ground sensor
technologies.
248 1160408BB SOF OPERATIONAL 60,310 60,310
ENHANCEMENTS.
249 1160421BB SPECIAL OPERATIONS 12,687 12,687
CV-22 DEVELOPMENT.
250 1160423BB JOINT MULTI- 43,412 43,412
MISSION
SUBMERSIBLE.
251 1160425BB SPECIAL OPERATIONS
AIRCRAFT
DEFENSIVE SYSTEMS
252 1160426BB OPERATIONS 1,321 0
ADVANCED SEAL
DELIVERY SYSTEM
(ASDS)
DEVELOPMENT.
................ ASDS............ [-1,321]
253 1160427BB MISSION TRAINING 3,192 3,192
AND PREPARATION
SYSTEMS (MTPS).
254 1160428BB UNMANNED VEHICLES
(UV)
255 1160429BB MC130J SOF TANKER 5,957 5,957
RECAPITALIZATION.
256 1160474BB SOF COMMUNICATIONS 733 733
EQUIPMENT AND
ELECTRONICS
SYSTEMS.
257 1160476BB SOF TACTICAL RADIO 2,368 2,368
SYSTEMS.
258 1160477BB SOF WEAPONS 1,081 1,081
SYSTEMS.
259 1160478BB SOF SOLDIER 597 597
PROTECTION AND
SURVIVAL SYSTEMS.
260 1160479BB SOF VISUAL 3,369 4,869
AUGMENTATION,
LASERS AND SENSOR
SYSTEMS.
................ Miniature Day [1,500]
Night Sight for
Crew Served
Weapons.
261 1160480BB SOF TACTICAL 1,973 1,973
VEHICLES.
262 1160482BB SOF ROTARY WING 18,863 18,863
AVIATION.
263 1160483BB SOF UNDERWATER 3,452 7,452
SYSTEMS.
................ Transformer [4,000]
Technology for
Combat
Submersibles
(TTCS).
264 1160484BB SOF SURFACE CRAFT. 12,250 12,250
265 1160488BB SOF PSYOP......... 9,887 9,887
266 1160489BB SOF GLOBAL VIDEO 4,944 4,944
SURVEILLANCE
ACTIVITIES.
267 1160490BB SOF OPERATIONAL 11,547 11,547
ENHANCEMENTS
INTELLIGENCE.
999 9999999 OTHER PROGRAMS.... 4,148,984 4,156,284
................
................ SUBTOTAL, 5,335,215 5,375,206
OPERATIONAL
SYSTEMS
DEVELOPMENT,
DEFENSE-WIDE.
................
................ DARPA execution -150,000
adjustment.
................
................ Total, RDT&E 20,741,542 20,413,501
Defense-Wide.
................
................
................ OPERATIONAL TEST &
EVALUATION,
DEFENSE
001 0605118OTE OPERATIONAL TEST 58,647 58,647
AND EVALUATION.
002 0605131OTE LIVE FIRE TEST AND 12,285 12,285
EVALUATION.
003 0605814OTE OPERATIONAL TEST 119,838 119,838
ACTIVITIES AND
ANALYSES.
................
................ Total, Operational 190,770 190,770
Test &
Evaluation,
Defense.
................
................
................ TOTAL RDT&E....... 78,634,289 79,251,608
------------------------------------------------------------------------

SEC. 4202. RESEARCH, DEVELOPMENT, TEST AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY
OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT, TEST
& EVALUATION,
ARMY

[[Page 123 STAT. 2783]]

................
................ SYSTEM DEVELOPMENT
& DEMONSTRATION
075 0604270A ELECTRONIC WARFARE 18,598 18,598
DEVELOPMENT.
................
................ SUBTOTAL, SYSTEM 18,598 18,598
DEVELOPMENT &
DEMONSTRATION,
ARMY.............
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
160 0301359A SPECIAL ARMY [ ] [ ]
PROGRAM.
161 0303028A SECURITY AND 7,644 7,644
INTELLIGENCE
ACTIVITIES.
162 0303140A INFORMATION 2,220 2,220
SYSTEMS SECURITY
PROGRAM.
167 0305204A TACTICAL UNMANNED 29,500 29,500
AERIAL VEHICLES.
................
................ SUBTOTAL, 39,364 39,364
OPERATIONAL
SYSTEMS
DEVELOPMENT, ARMY
................
................ TOTAL, RDT&E ARMY. 57,962 57,962
................
................ ADVANCED COMPONENT
DEVELOPMENT &
PROTOTYPES
026 0603207N AIR/OCEAN TACTICAL
APPLICATIONS
027 0603216N AVIATION 8,000 0
SURVIVABILITY.
................ Non-emergency [-8,000]
development
funding.
041 0603561N ADVANCED SUBMARINE 9,000 0
SYSTEM
DEVELOPMENT.
................ Non-emergency [-9,000]
development
funding.
................
................ SUBTOTAL, ADVANCED 17,000 0
COMPONENT
DEVELOPMENT &
PROTOTYPES, NAVY.
................
................ SYSTEM DEVELOPMENT
& DEMONSTRATION
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
188 0301303N MARITIME [ ] [ ]
INTELLIGENCE.
189 0301323N COLLECTION [ ] [ ]
MANAGEMENT.
190 0301327N TECHNICAL [ ] [ ]
RECONNAISSANCE
AND SURVEILLANCE.
191 0301372N CYBER SECURITY [ ] [ ]
INITIATIVE--GDIP.
203 0305207N MANNED 51,900 51,900
RECONNAISSANCE
SYSTEMS.
210 0305234N SMALL (LEVEL 0) 6,000 6,000
TACTICAL UAS
(STUASL0).
999 9999999 OTHER PROGRAMS.... 32,280 32,280
................
................ SUBTOTAL, 90,180 90,180
OPERATIONAL
SYSTEMS
DEVELOPMENT,
RDT&E............
................
................ TOTAL, RDT&E NAVY. 107,180 90,180
................
................
................ RESEARCH,
DEVELOPMENT, TEST
& EVALUATION, AIR
FORCE
................
................ BASIC RESEARCH
004 0301555F CLASSIFIED [ ] [ ]
PROGRAMS.
005 0301556F SPECIAL PROGRAM... [ ] [ ]
................
................ SUBTOTAL, BASIC 0 0
RESEARCH, AIR
FORCE............
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
116 0605798F ANALYSIS SUPPORT [ ] [ ]
GROUP.
123 0101815F ADVANCED STRATEGIC [ ] [ ]
PROGRAMS.
128 0205219F MQ-9 UAV.......... 1,400 1,400
149 0207423F ADVANCED 9,375 9,375
COMMUNICATIONS
SYSTEMS.
150 0207424F EVALUATION AND [ ] [ ]
ANALYSIS PROGRAM.
164 0208161F SPECIAL EVALUATION [ ] [ ]
SYSTEM.
165 0301310F NATIONAL AIR [ ] [ ]
INTELLIGENCE
CENTER.
166 0301314F COBRA BALL........ [ ] [ ]
167 0301315F MISSILE AND SPACE [ ] [ ]
TECHNICAL
COLLECTION.
168 0301324F FOREST GREEN...... [ ] [ ]
169 0301386F GDIP COLLECTION [ ] [ ]
MANAGEMENT.

[[Page 123 STAT. 2784]]

180 0304311F SELECTED [ ] [ ]
ACTIVITIES.
181 0304348F ADVANCED [ ] [ ]
GEOSPATIAL
INTELLIGENCE
(AGI).
188 0305124F SPECIAL [ ] [ ]
APPLICATIONS
PROGRAM.
189 0305127F FOREIGN [ ] [ ]
COUNTERINTELLIGEN
CE ACTIVITIES.
191 0305142F APPLIED TECHNOLOGY [ ] [ ]
AND INTEGRATION.
196 0305172F COMBINED ADVANCED [ ] [ ]
APPLICATIONS.
206 0305219F MQ-1 PREDATOR A 1,400 1,400
UAV.
999 9999999 OTHER PROGRAMS.... 17,111 17,111
................ SUBTOTAL, 29,286 29,286
OPERATIONAL
SYSTEMS
DEVELOPMENT, AIR
FORCE............
................
................ TOTAL, RDT&E AIR 29,286 29,286
FORCE.
................
................
................ RESEARCH,
DEVELOPMENT, TEST
& EVALUATION,
DEFENSE-WIDE
................
................ RDT&E MANAGEMENT
SUPPORT
159 0301555G CLASSIFIED [ ] [ ]
PROGRAMS.
160 0301556G SPECIAL PROGRAM... [ ] [ ]
165 0305193G INTELLIGENCE [ ] [ ]
SUPPORT TO
INFORMATION
OPERATIONS (IO).
181 0301301L GENERAL DEFENSE [ ] [ ]
INTELLIGENCE
PROGRAM.
182 0301318BB HUMINT [ ] [ ]
(CONTROLLED).
183 0301371G CYBER SECURITY [ ] [ ]
INITIATIVE--CCP.
184 0301372L CYBER SECURITY [ ] [ ]
INITIATIVE--GDIP.
185 0301555BZ CLASSIFIED [ ] [ ]
PROGRAMS.
186 0301556BZ SPECIAL PROGRAM... [ ] [ ]
198 0303150K GLOBAL COMMAND AND 2,750 2,750
CONTROL SYSTEM.
204 0304345BQ NATIONAL [ ] [ ]
GEOSPATIAL-
INTELLIGENCE
PROGRAM (NGP).
207 0305103G CYBER SECURITY [ ] [ ]
INITIATIVE.
211 0305127L FOREIGN [ ] [ ]
COUNTERINTELLIGEN
CE ACTIVITIES.
212 0305146BZ DEFENSE JOINT [ ] [ ]
COUNTERINTELLIGEN
CE ACTIVITIES.
213 0305146L DEFENSE JOINT [ ] [ ]
COUNTERINTELLIGEN
CE ACTIVITIES.
214 0305183L DEFENSE HUMAN [ ] [ ]
INTELLIGENCE
(HUMINT)
ACTIVITIES.
218 0305202G DRAGON U-2........ [ ] [ ]
219 0305206G AIRBORNE [ ] [ ]
RECONNAISSANCE
SYSTEMS.
221 0305208BB DISTRIBUTED COMMON [ ] [ ]
GROUND/SURFACE
SYSTEMS.
222 0305208BQ DISTRIBUTED COMMON [ ] [ ]
GROUND/SURFACE
SYSTEMS.
223 0305208G DISTRIBUTED COMMON [ ] [ ]
GROUND/SURFACE
SYSTEMS.
225 0305208L DISTRIBUTED COMMON [ ] [ ]
GROUND/SURFACE
SYSTEMS.
226 0305219BB MQ-1 PREDATOR A [ ] [ ]
UAV.
227 0305229G REAL-TIME [ ] [ ]
ARCHITECTURE
DEVELOPMENT
(RT10).
231 0305880L COMBATANT COMMAND [ ] [ ]
INTELLIGENCE
OPERATIONS.
232 0305883L HARD AND DEEPLY [ ] [ ]
BURIED TARGET
(HDBT) INTEL
SUPPORT.
233 0305884L INTELLIGENCE [ ] [ ]
PLANNING AND
REVIEW ACTIVITIES.
236 0307141G INFORMATION [ ] [ ]
OPERATIONS
TECHNOLOGY
INTEGRATION &
TOOL DEV.
237 0307207G AERIAL COMMON [ ] [ ]
SENSOR (ACS).
999 9999999 OTHER PROGRAMS.... 113,076 113,076
................
................ SUBTOTAL, 115,826 115,826
OPERATIONAL
SYSTEMS
DEVELOPMENT,
DEFENSE-WIDE.....
................
................
................ Total, RDT&E 115,826 115,826
Defense-Wide.
................
................
................ TOTAL RDT&E....... 310,254 293,254
------------------------------------------------------------------------

[[Page 123 STAT. 2785]]

TITLE XLIII--OPERATION AND MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

------------------------------------------------------------------------
OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Line Item Request Authorized
------------------------------------------------------------------------
Operation and Maintenance, Army

BUDGET ACTIVITY 01: OPERATING
FORCES

LAND FORCES
010 MANEUVER UNITS................... 1,020,490 1,020,490
020 MODULAR SUPPORT BRIGADES......... 105,178 105,178
030 ECHELONS ABOVE BRIGADE........... 708,038 708,038
040 THEATER LEVEL ASSETS............. 718,233 718,233
050 LAND FORCES OPERATIONS SUPPORT... 1,379,529 1,315,129
Budget realignment of combat [-64,400]
training center transportation
funding in support of
helicopter training...........
060 AVIATION ASSETS.................. 850,750 773,350
Budget realignment in support [-77,400]
of helicopter training........

LAND FORCES READINESS
070 FORCE READINESS OPERATIONS 2,088,233 2,088,233
SUPPORT.........................
080 LAND FORCES SYSTEMS READINESS.... 633,704 633,704
090 LAND FORCES DEPOT MAINTENANCE.... 692,601 695,601
Texas Defense Manufacturing [3,000]
Supply Chain Initiative.......

LAND FORCES READINESS SUPPORT
100 BASE OPERATIONS SUPPORT.......... 7,586,455 7,588,155
Fort Bliss Data Center........ [1,700]
110 FACILITIES SUSTAINMENT, 2,221,446 2,221,446
RESTORATION, & MODERNIZATION....
120 MANAGEMENT AND OPERATIONAL HQ.... 333,119 333,119
130 COMBATANT COMMANDERS CORE 123,163 123,163
OPERATIONS......................
140 ADDITIONAL ACTIVITIES............ 0 0
150 COMMANDERS EMERGENCY RESPONSE 0 0
PROGRAM.........................
160 RESET............................ 0 0
170 COMBATANT COMMANDERS ANCILLARY 460,159 460,159
MISSIONS........................

TOTAL, BA 01: OPERATING FORCES... 18,921,098 18,783,998

BUDGET ACTIVITY 02: MOBILIZATION

MOBILITY OPERATIONS
180 STRATEGIC MOBILITY............... 228,376 228,376
190 ARMY PREPOSITIONING STOCKS....... 98,129 98,129
200 INDUSTRIAL PREPAREDNESS.......... 5,705 5,705

TOTAL, BA 02: MOBILIZATION....... 332,210 332,210

BUDGET ACTIVITY 03: TRAINING AND
RECRUITING

ACCESSION TRAINING
210 OFFICER ACQUISITION.............. 125,615 125,615
220 RECRUIT TRAINING................. 87,488 87,488
230 ONE STATION UNIT TRAINING........ 59,302 59,302

[[Page 123 STAT. 2786]]

240 SENIOR RESERVE OFFICERS TRAINING 449,397 449,397
CORPS...........................

BASIC SKILL/ADVANCE TRAINING
250 SPECIALIZED SKILL TRAINING....... 970,777 971,277
Rule of law increase.......... [500]
260 FLIGHT TRAINING.................. 843,893 985,693
Budget realignment in support [141,800]
of helicopter training........
270 PROFESSIONAL DEVELOPMENT 166,812 166,812
EDUCATION.......................
280 TRAINING SUPPORT................. 702,031 702,031

RECRUITING/OTHER TRAINING
290 RECRUITING AND ADVERTISING....... 541,852 541,852
300 EXAMINING........................ 147,915 147,915
310 OFF-DUTY AND VOLUNTARY EDUCATION. 238,353 238,353
320 CIVILIAN EDUCATION AND TRAINING.. 217,386 217,386
330 JUNIOR ROTC...................... 156,904 156,904

TOTAL, BA 03: TRAINING AND 4,707,725 4,850,025
RECRUITING......................

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

SECURITY PROGRAMS
340 SECURITY PROGRAMS................ 1,017,055 1,017,055

LOGISTICS OPERATIONS
350 SERVICEWIDE TRANSPORTATION....... 540,249 540,249
360 CENTRAL SUPPLY ACTIVITIES........ 614,093 614,093
370 LOGISTIC SUPPORT ACTIVITIES...... 481,318 481,318
380 AMMUNITION MANAGEMENT............ 434,661 435,661
M24 Sniper Weapons System [1,000]
Upgrade.......................

SERVICEWIDE SUPPORT
390 ADMINISTRATION................... 776,866 776,866
400 SERVICEWIDE COMMUNICATIONS....... 1,166,491 1,141,491
Servicewide communications [-25,000]
underexecution................
410 MANPOWER MANAGEMENT.............. 289,383 289,383
420 OTHER PERSONNEL SUPPORT.......... 221,779 229,029
Transfer from O&M, DW BTA for [7,250]
DIMHRS........................
430 OTHER SERVICE SUPPORT............ 993,852 993,852
440 ARMY CLAIMS ACTIVITIES........... 215,168 215,168
450 REAL ESTATE MANAGEMENT........... 118,785 118,785

SUPPORT OF OTHER NATIONS
460 SUPPORT OF NATO OPERATIONS....... 430,449 430,449
470 MISC. SUPPORT OF OTHER NATIONS... 13,700 13,700

TOTAL, BA 04: ADMINISTRATION & 7,313,849 7,297,099
SERVICEWIDE ACTIVITIES..........

Total Operation and Maintenance, 31,274,882 31,263,332
Army............................

Operation and Maintenance, Navy

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS

[[Page 123 STAT. 2787]]

010 MISSION AND OTHER FLIGHT 3,814,000 3,814,000
OPERATIONS......................
020 FLEET AIR TRAINING............... 120,868 120,868
030 AVIATION TECHNICAL DATA & 52,259 52,259
ENGINEERING SERVICES............
040 AIR OPERATIONS AND SAFETY SUPPORT 121,649 121,649
050 AIR SYSTEMS SUPPORT.............. 485,321 485,321
060 AIRCRAFT DEPOT MAINTENANCE....... 1,057,747 1,127,774
Aviation Depot Maintenance.... [70,027]
070 AIRCRAFT DEPOT OPERATIONS SUPPORT 32,083 32,083

SHIP OPERATIONS
080 MISSION AND OTHER SHIP OPERATIONS 3,320,222 3,320,222
090 SHIP OPERATIONS SUPPORT & 699,581 699,581
TRAINING........................
100 SHIP DEPOT MAINTENANCE........... 4,296,544 4,296,544
110 SHIP DEPOT OPERATIONS SUPPORT.... 1,170,785 1,170,785

COMBAT OPERATIONS/SUPPORT
120 COMBAT COMMUNICATIONS............ 601,595 601,595
130 ELECTRONIC WARFARE............... 86,019 86,019
140 SPACE SYSTEMS AND SURVEILLANCE... 167,050 167,050
150 WARFARE TACTICS.................. 407,674 407,674
160 OPERATIONAL METEOROLOGY AND 315,228 315,228
OCEANOGRAPHY....................
170 COMBAT SUPPORT FORCES............ 758,789 758,789
180 EQUIPMENT MAINTENANCE............ 186,794 186,794
190 DEPOT OPERATIONS SUPPORT......... 3,305 3,305
200 COMBATANT COMMANDERS CORE 167,789 167,789
OPERATIONS......................
210 COMBATANT COMMANDERS DIRECT 259,188 252,188
MISSION SUPPORT.................
Reduction for National Program [-7,000]
for Small Unit Excellence.....

WEAPONS SUPPORT
220 CRUISE MISSILE................... 131,895 131,895
230 FLEET BALLISTIC MISSILE.......... 1,145,020 1,145,020
240 IN-SERVICE WEAPONS SYSTEMS 64,731 64,731
SUPPORT.........................
250 WEAPONS MAINTENANCE.............. 448,777 460,777
Gun depot overhauls........... [12,000]
260 OTHER WEAPON SYSTEMS SUPPORT..... 326,535 326,535

BASE SUPPORT
270 ENTERPRISE INFORMATION........... 1,095,587 1,095,587
280 SUSTAINMENT, RESTORATION AND 1,746,418 1,746,418
MODERNIZATION...................
290 BASE OPERATING SUPPORT........... 4,058,046 4,058,046

TOTAL, BA 01: OPERATING FORCES... 27,141,499 27,216,526

BUDGET ACTIVITY 02: MOBILIZATION

READY RESERVE AND PREPOSITIONING
FORCES
300 SHIP PREPOSITIONING AND SURGE.... 407,977 407,977

ACTIVATIONS/INACTIVATIONS
310 AIRCRAFT ACTIVATIONS/ 7,491 7,491
INACTIVATIONS...................
320 SHIP ACTIVATIONS/INACTIVATIONS... 192,401 195,401
Navy Ship Disposal-Carrier [3,000]
Demonstration Program.........

[[Page 123 STAT. 2788]]

MOBILIZATION PREPAREDNESS
330 FLEET HOSPITAL PROGRAM........... 24,546 24,546
340 INDUSTRIAL READINESS............. 2,409 2,409
350 COAST GUARD SUPPORT.............. 25,727 25,727

TOTAL, BA 02: MOBILIZATION....... 660,551 663,551

BUDGET ACTIVITY 03: TRAINING AND
RECRUITING

ACCESSION TRAINING
360 OFFICER ACQUISITION.............. 145,027 145,027
370 RECRUIT TRAINING................. 11,011 11,011
380 RESERVE OFFICERS TRAINING CORPS.. 127,490 127,490

BASIC SKILLS AND ADVANCED
TRAINING
390 SPECIALIZED SKILL TRAINING....... 477,383 477,383
400 FLIGHT TRAINING.................. 1,268,846 1,268,846
410 PROFESSIONAL DEVELOPMENT 161,922 161,922
EDUCATION.......................
420 TRAINING SUPPORT................. 158,685 158,685

RECRUITING, AND OTHER TRAINING
AND EDUCATION
430 RECRUITING AND ADVERTISING....... 276,564 277,215
Navy Sea Cadet Corps.......... [651]
440 OFF-DUTY AND VOLUNTARY EDUCATION. 154,979 154,979
450 CIVILIAN EDUCATION AND TRAINING.. 101,556 101,556
460 JUNIOR ROTC...................... 49,161 49,161

TOTAL, BA 03: TRAINING AND 2,932,624 2,933,275
RECRUITING......................

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

SERVICEWIDE SUPPORT
470 ADMINISTRATION................... 768,048 768,048
480 EXTERNAL RELATIONS............... 6,171 6,171
490 CIVILIAN MANPOWER AND PERSONNEL 114,675 114,675
MANAGEMENT......................
500 MILITARY MANPOWER AND PERSONNEL 182,115 189,365
MANAGEMENT......................
Transfer from O&M, DW BTA for [7,250]
DIMHRS........................
510 OTHER PERSONNEL SUPPORT.......... 298,729 298,729
520 SERVICEWIDE COMMUNICATIONS....... 408,744 393,744
Servicewide communications [-15,000]
underexecution................
530 MEDICAL ACTIVITIES............... 0 0

LOGISTICS OPERATIONS AND
TECHNICAL SUPPORT
540 SERVICEWIDE TRANSPORTATION....... 246,989 246,989
550 ENVIRONMENTAL PROGRAMS........... 0 0
560 PLANNING, ENGINEERING AND DESIGN. 244,337 244,337
570 ACQUISITION AND PROGRAM 778,501 778,501
MANAGEMENT......................
580 HULL, MECHANICAL AND ELECTRICAL 60,223 60,223
SUPPORT.........................
590 COMBAT/WEAPONS SYSTEMS........... 17,328 17,328
600 SPACE AND ELECTRONIC WARFARE 79,065 79,065
SYSTEMS.........................

INVESTIGATIONS AND SECURITY
PROGRAMS
610 NAVAL INVESTIGATIVE SERVICE...... 515,989 515,989

[[Page 123 STAT. 2789]]

SUPPORT OF OTHER NATIONS
670 INTERNATIONAL HEADQUARTERS AND 5,918 5,918
AGENCIES........................

CANCELLED ACCOUNTS
680 CANCELLED ACCOUNT ADJUSTMENTS.... 0 0
690 JUDGMENT FUND.................... 0 0

OTHER PROGRAMS
999 OTHER PROGRAMS................... 608,840 608,840

TOTAL, BA 04: ADMINISTRATION & 4,335,672 4,327,922
SERVICEWIDE ACTIVITIES..........

Unobligated balances estimate. -100,000

Total Operation and Maintenance, 35,070,346 35,041,274
Navy............................

Operation and Maintenance, Marine
Corps

BUDGET ACTIVITY 01: OPERATING
FORCES

EXPEDITIONARY FORCES
010 OPERATIONAL FORCES............... 730,931 737,931
Family of shelter and tents... [2,000]
Flame Resistant Organizational [1,500]
Gear..........................
Ultra Lightweight Camouflage [3,500]
Net System....................
020 FIELD LOGISTICS.................. 591,020 591,020
030 DEPOT MAINTENANCE................ 80,971 80,971

USMC PREPOSITIONING
050 MARITIME PREPOSITIONING.......... 72,182 72,182
060 NORWAY PREPOSITIONING............ 5,090 5,090

COMBAT OPERATIONS/SUPPORT
070 COMBATANT COMMANDERS DIRECT 0 0
MISSION SUPPORT.................

BASE SUPPORT
080 SUSTAINMENT, RESTORATION, & 666,330 666,330
MODERNIZATION...................
090 BASE OPERATING SUPPORT........... 2,250,191 2,250,191

TOTAL, BA 01: OPERATING FORCES... 4,396,715 4,403,715

BUDGET ACTIVITY 03: TRAINING AND
RECRUITING

ACCESSION TRAINING
100 RECRUIT TRAINING................. 16,129 16,129
110 OFFICER ACQUISITION.............. 418 418

BASIC SKILLS AND ADVANCED
TRAINING
120 SPECIALIZED SKILL TRAINING....... 67,336 67,336
130 FLIGHT TRAINING.................. 369 369
140 PROFESSIONAL DEVELOPMENT 28,112 28,112
EDUCATION.......................
150 TRAINING SUPPORT................. 330,885 330,885

[[Page 123 STAT. 2790]]

RECRUITING AND OTHER TRAINING
EDUCATION
160 RECRUITING AND ADVERTISING....... 240,832 240,832
170 OFF-DUTY AND VOLUNTARY EDUCATION. 64,254 64,254
180 JUNIOR ROTC...................... 19,305 19,305

BASE SUPPORT
190 SUSTAINMENT, RESTORATION AND 0 0
MODERNIZATION...................
200 BASE OPERATING SUPPORT........... 0 0

TOTAL, BA 03: TRAINING AND 767,640 767,640
RECRUITING......................

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

SERVICEWIDE SUPPORT
210 SPECIAL SUPPORT.................. 299,065 299,065
220 SERVICEWIDE TRANSPORTATION....... 28,924 28,924
230 ADMINISTRATION................... 43,879 43,879
BASE SUPPORT
240 SUSTAINMENT, RESTORATION, AND 0 0
MODERNIZATION...................
250 BASE OPERATING SUPPORT........... 0 0

TOTAL, BA 04: ADMINISTRATION & 371,868 371,868
SERVICEWIDE ACTIVITIES..........

Total Operation and Maintenance, 5,536,223 5,543,223
Marine Corps....................

Operation and Maintenance, Air
Force

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 PRIMARY COMBAT FORCES............ 4,017,156 4,017,156
020 COMBAT ENHANCEMENT FORCES........ 2,754,563 2,754,563
030 AIR OPERATIONS TRAINING (OJT, 1,414,913 1,416,413
MAINTAIN SKILLS)................
Air Education and Training [1,500]
Command Range Improvements....
050 DEPOT MAINTENANCE................ 2,389,738 2,389,738
060 FACILITIES SUSTAINMENT, 1,420,083 1,420,083
RESTORATION & MODERNIZATION.....
070 BASE SUPPORT..................... 2,859,943 2,860,183
Wage Modification for US [240]
Azores Portugese National
Employees.....................

COMBAT RELATED OPERATIONS
080 GLOBAL C3I AND EARLY WARNING..... 1,411,813 1,411,813
090 OTHER COMBAT OPS SPT PROGRAMS.... 880,353 880,353
110 TACTICAL INTEL AND OTHER SPECIAL 552,148 552,148
ACTIVITIES......................

[[Page 123 STAT. 2791]]

SPACE OPERATIONS
120 LAUNCH FACILITIES................ 356,367 356,367
130 SPACE CONTROL SYSTEMS............ 725,646 725,646

COCOM
140 COMBATANT COMMANDERS DIRECT 608,796 608,796
MISSION SUPPORT.................
150 COMBATANT COMMANDERS CORE 216,073 216,073
OPERATIONS......................

TOTAL, BA 01: OPERATING FORCES... 19,607,592 19,609,332

BUDGET ACTIVITY 02: MOBILIZATION

MOBILITY OPERATIONS
160 AIRLIFT OPERATIONS............... 2,932,080 2,934,080
Warner Robins Air Logistics [2,000]
Center Strategic Airlift
Aircraft Availability
Improvements..................
170 MOBILIZATION PREPAREDNESS........ 211,858 211,858
180 DEPOT MAINTENANCE................ 332,226 332,226
190 FACILITIES SUSTAINMENT, 362,954 362,954
RESTORATION & MODERNIZATION.....
200 BASE SUPPORT..................... 657,830 657,830

TOTAL, BA 02: MOBILIZATION....... 4,496,948 4,498,948

BUDGET ACTIVITY 03: TRAINING AND
RECRUITING

ACCESSION TRAINING
210 OFFICER ACQUISITION.............. 120,870 120,870
220 RECRUIT TRAINING................. 18,135 18,135
230 RESERVE OFFICERS TRAINING CORPS 88,414 88,414
(ROTC)..........................
240 FACILITIES SUSTAINMENT, 372,788 372,788
RESTORATION & MODERNIZATION.....
250 BASE SUPPORT..................... 685,029 685,029

BASIC SKILLS AND ADVANCED
TRAINING
260 SPECIALIZED SKILL TRAINING....... 514,048 514,048
270 FLIGHT TRAINING.................. 833,005 833,005
280 PROFESSIONAL DEVELOPMENT 215,676 215,676
EDUCATION.......................
290 TRAINING SUPPORT................. 118,877 118,877
300 DEPOT MAINTENANCE................ 576 576

RECRUITING, AND OTHER TRAINING
AND EDUCATION
320 RECRUITING AND ADVERTISING....... 152,983 152,983
330 EXAMINING........................ 5,584 5,584
340 OFF-DUTY AND VOLUNTARY EDUCATION. 188,198 188,198
350 CIVILIAN EDUCATION AND TRAINING.. 174,151 174,151
360 JUNIOR ROTC...................... 67,549 67,549

TOTAL, BA 03: TRAINING AND 3,555,883 3,555,883
RECRUITING......................

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

LOGISTICS OPERATIONS
370 LOGISTICS OPERATIONS............. 1,055,672 1,055,672
380 TECHNICAL SUPPORT ACTIVITIES..... 735,036 735,036

[[Page 123 STAT. 2792]]

400 DEPOT MAINTENANCE................ 15,411 15,411
410 FACILITIES SUSTAINMENT, 359,562 359,562
RESTORATION & MODERNIZATION.....
420 BASE SUPPORT..................... 1,410,097 1,410,097

SERVICEWIDE ACTIVITIES
430 ADMINISTRATION................... 646,080 643,330
Servicewide administration.... [-10,000]
Transfer from O&M, DW BTA for [7,250]
DIMHRS........................
440 SERVICEWIDE COMMUNICATIONS....... 581,951 581,951
450 OTHER SERVICEWIDE ACTIVITIES..... 1,062,803 1,062,803
460 CIVIL AIR PATROL................. 22,433 22,433

SECURITY PROGRAMS
470 SECURITY PROGRAMS................ 1,148,704 1,148,704

SUPPORT TO OTHER NATIONS
480 INTERNATIONAL SUPPORT............ 49,987 49,987

TOTAL, BA 04: ADMINISTRATION & 7,087,736 7,084,986
SERVICEWIDE ACTIVITIES..........

USAF Civilian Underexecution... -50,000
Unobligated Balances Estimate.. -172,000

Total Operation and Maintenance, 34,748,159 34,527,149
Air Force.......................

Operation and Maintenance,
Defense-wide

BUDGET ACTIVITY 1: OPERATING
FORCES

DEFENSE-WIDE ACTIVITIES
010 JOINT CHIEFS OF STAFF............ 457,169 457,169
020 SPECIAL OPERATIONS COMMAND....... 3,611,492 3,612,992
Special Operations Forces [1,500]
Modular Glove System..........

TOTAL, BUDGET ACTIVITY 1:........ 4,068,661 4,070,161

BUDGET ACTIVITY 3: TRAINING AND
RECRUITING

DEFENSE-WIDE ACTIVITIES
030 DEFENSE ACQUISITION UNIVERSITY... 115,497 115,497

RECRUITING AND OTHER TRAINING
EDUCATION
040 NATIONAL DEFENSE UNIVERSITY...... 103,408 103,408

TOTAL, BUDGET ACTIVITY 3:........ 218,905 218,905

BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES

DEFENSE-WIDE ACTIVITIES
050 AMERICAN FORCES INFORMATION 0 0
SERVICE.........................
060 CIVIL MILITARY PROGRAMS.......... 132,231 152,231
National Guard Youth Challenge [5,000]
Program.......................

[[Page 123 STAT. 2793]]

Junior ROTC................... [15,000]
080 CLASSIFIED AND INTELLIGENCE...... 0 0
090 DEFENSE BUSINESS TRANSFORMATION 139,579 117,829
AGENCY..........................
DIMHRS Transfer to Services [-21,750]
(Army, Navy and Air Force)....
100 DEFENSE CONTRACT AUDIT AGENCY.... 458,316 458,316
110 DEFENSE FINANCE AND ACCOUNTING 0 0
SERVICE.........................
120 DEFENSE HUMAN RESOURCES ACTIVITY. 665,743 665,743
130 DEFENSE INFORMATION SYSTEMS 1,322,163 1,322,163
AGENCY..........................
150 DEFENSE LEGAL SERVICES........... 42,532 42,532
160 DEFENSE LOGISTICS AGENCY......... 405,873 414,873
Procurement and Technical [9,000]
Assistance Program............
170 DEFENSE MEDIA ACTIVITY........... 253,667 253,667
180 DEFENSE POW/MIA OFFICE........... 20,679 20,679
190 DEFENSE TECHNOLOGY SECURITY 34,325 34,325
AGENCY..........................
200 DEFENSE THREAT REDUCTION AGENCY.. 385,453 385,453
210 DEPARTMENT OF DEFENSE EDUCATION 2,302,116 2,305,516
AGENCY..........................
SoAR Recruiting Initiative.... [3,400]
220 DEFENSE CONTRACT MANAGEMENT 1,058,721 1,058,721
AGENCY..........................
230 DEFENSE SECURITY COOPERATION 721,756 621,756
AGENCY..........................
Security and Stabilization [-100,000]
(1207)........................
240 DEFENSE SECURITY SERVICE......... 497,857 497,857
NATIONAL GUARD BORDER SECURITY... 0 0
260 OFFICE OF ECONOMIC ADJUSTMENT.... 37,166 38,166
Redevelopment of Naval Station [1,000]
Ingleside.....................
270 OFFICE OF THE SECRETARY OF 1,955,985 1,977,985
DEFENSE.........................
Readiness and Environmental [20,000]
Protection Initiative.........
Critical Language Training.... [2,000]
280 WASHINGTON HEADQUARTERS SERVICE.. 589,309 589,309

OTHER PROGRAMS
999 OTHER PROGRAMS................... 13,046,209 13,046,209

TOTAL, BUDGET ACTIVITY 4:........ 24,069,680 24,003,330

Impact Aid.................... 30,000
Impact aid for children with 5,000
severe disabilities...........

Total Operation and Maintenance, 28,357,246 28,327,396
Defense-Wide ...................

Operation and Maintenance, Army
Reserve

BUDGET ACTIVITY 01: OPERATING
FORCES

LAND FORCES
010 MANEUVER UNITS................... 1,403 1,403
020 MODULAR SUPPORT BRIGADES......... 12,707 12,707
030 ECHELONS ABOVE BRIGADE........... 468,288 468,288
040 THEATER LEVEL ASSETS............. 152,439 152,439
050 LAND FORCES OPERATIONS SUPPORT... 520,420 520,420
060 AVIATION ASSETS.................. 61,063 61,063

LAND FORCES READINESS
070 FORCE READINESS OPERATIONS 290,443 290,443
SUPPORT.........................
080 LAND FORCES SYSTEMS READINESS.... 106,569 106,569
090 LAND FORCES DEPOT MAINTENANCE.... 94,499 94,499

[[Page 123 STAT. 2794]]

LAND FORCES READINESS SUPPORT
100 BASE OPERATIONS SUPPORT.......... 522,310 522,310
110 FACILITIES SUSTAINMENT, 234,748 234,748
RESTORATION, & MODERNIZATION....
120 ADDITIONAL ACTIVITIES............ 0 0

TOTAL, BA 01: OPERATING FORCES... 2,464,889 2,464,889

LOGISTICS OPERATIONS
130 SERVICEWIDE TRANSPORTATION....... 9,291 9,291

SERVICEWIDE SUPPORT
140 ADMINISTRATION................... 72,075 72,075
150 SERVICEWIDE COMMUNICATIONS....... 3,635 3,635
160 MANPOWER MANAGEMENT.............. 9,104 9,104
170 RECRUITING AND ADVERTISING....... 61,202 61,202

TOTAL, BA 04: ADMINISTRATION & 155,307 155,307
SERVICEWIDE ACTIVITIES..........

Total Operation and Maintenance, 2,620,196 2,620,196
Army Reserve....................

Operation and Maintenance, Navy
Reserve

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 MISSION AND OTHER FLIGHT 570,319 570,319
OPERATIONS......................
020 INTERMEDIATE MAINTENANCE......... 16,596 16,596
030 AIR OPERATIONS AND SAFETY SUPPORT 3,171 3,171
040 AIRCRAFT DEPOT MAINTENANCE....... 125,004 125,004
050 AIRCRAFT DEPOT OPERATIONS SUPPORT 397 397

SHIP OPERATIONS
060 MISSION AND OTHER SHIP OPERATIONS 55,873 55,873
070 SHIP OPERATIONS SUPPORT & 592 592
TRAINING........................
080 SHIP DEPOT MAINTENANCE........... 41,899 41,899

COMBAT OPERATIONS SUPPORT
090 COMBAT COMMUNICATIONS............ 15,241 15,241
100 COMBAT SUPPORT FORCES............ 142,924 142,924

WEAPONS SUPPORT
110 WEAPONS MAINTENANCE.............. 5,494 5,494

BASE SUPPORT
120 ENTERPRISE INFORMATION........... 83,611 83,611
130 SUSTAINMENT, RESTORATION AND 69,853 69,853
MODERNIZATION...................
140 BASE OPERATING SUPPORT........... 124,757 124,757

TOTAL, BA 01: OPERATING FORCES... 1,255,731 1,255,731

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

[[Page 123 STAT. 2795]]

SERVICEWIDE SUPPORT
150 ADMINISTRATION................... 3,323 3,323
160 MILITARY MANPOWER AND PERSONNEL 13,897 13,897
MANAGEMENT......................
170 SERVICEWIDE COMMUNICATIONS....... 1,957 1,957
180 OTHER SERVICEWIDE POWER.......... 0 0

LOGISTICS OPERATIONS AND
TECHNICAL SUPPORT
190 ACQUISITION AND PROGRAM 3,593 3,593
MANAGEMENT......................

CANCELLED ACCOUNTS
200 CANCELLED ACCOUNT ADJUSTMENTS.... 0 0
210 JUDGMENT FUND.................... 0 0

OTHER PROGRAMS
999 OTHER PROGRAMS................... 0 0

TOTAL, BA 04: ADMINISTRATION & 22,770 22,770
SERVICEWIDE ACTIVITIES..........

Total Operation and Maintenance, 1,278,501 1,278,501
Navy Reserve....................

Operation and Maintenance, Marine
Corps Reserve

BUDGET ACTIVITY 01: OPERATING
FORCES

EXPEDITIONARY FORCES
010 OPERATING FORCES................. 61,117 61,117
020 DEPOT MAINTENANCE................ 13,217 13,217
030 TRAINING SUPPORT................. 29,373 29,373

BASE SUPPORT
040 SUSTAINMENT, RESTORATION AND 25,466 25,466
MODERNIZATION...................
050 BASE OPERATING SUPPORT........... 73,899 73,899

TOTAL, BA 01: OPERATING FORCES... 203,072 203,072

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

SERVICEWIDE ACTIVITIES
060 SPECIAL SUPPORT.................. 5,639 5,639
070 SERVICEWIDE TRANSPORTATION....... 818 818
080 ADMINISTRATION................... 10,642 10,642
090 RECRUITING AND ADVERTISING....... 8,754 8,754

BASE SUPPORT
100 BASE OPERATING SUPPORT........... 0 0

TOTAL, BA 04: ADMINISTRATION & 25,853 25,853
SERVICEWIDE ACTIVITIES..........

Total Operation and Maintenance, 228,925 228,925
Marine Corps Reserve............

[[Page 123 STAT. 2796]]

Operation and Maintenance, Air
Force Reserve

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 PRIMARY COMBAT FORCES............ 2,049,303 2,049,303
020 MISSION SUPPORT OPERATIONS....... 121,417 121,417
030 DEPOT MAINTENANCE................ 441,958 441,958
040 FACILITIES SUSTAINMENT, 78,763 78,763
RESTORATION & MODERNIZATION.....
050 BASE SUPPORT..................... 258,091 258,091

TOTAL, BA 01: OPERATING FORCES... 2,949,532 2,949,532

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

SERVICEWIDE ACTIVITIES
060 ADMINISTRATION................... 77,476 77,476
070 RECRUITING AND ADVERTISING....... 24,553 24,553
080 MILITARY MANPOWER AND PERS MGMT 20,838 20,838
(ARPC)..........................
090 OTHER PERS SUPPORT (DISABILITY 6,121 6,121
COMP)...........................
100 AUDIOVISUAL...................... 708 708

TOTAL, BA 04: ADMINISTRATION & 129,696 129,696
SERVICEWIDE ACTIVITIES..........

Total Operation and Maintenance, 3,079,228 3,079,228
Air Force Reserve...............

Operation and Maintenance, Army
National Guard

BUDGET ACTIVITY 01: OPERATING
FORCES

LAND FORCES
010 MANEUVER UNITS................... 876,269 876,269
020 MODULAR SUPPORT BRIGADES......... 173,843 173,843
030 ECHELONS ABOVE BRIGADE........... 615,160 615,160
040 THEATER LEVEL ASSETS............. 253,997 253,997
050 LAND FORCES OPERATIONS SUPPORT... 34,441 34,441
060 AVIATION ASSETS.................. 819,031 821,281
Joint Command Vehicle and [2,250]
Supporting C3 Systems.........

LAND FORCES READINESS
070 FORCE READINESS OPERATIONS 436,799 436,799
SUPPORT.........................
080 LAND FORCES SYSTEMS READINESS.... 99,757 99,757
090 LAND FORCES DEPOT MAINTENANCE.... 379,646 379,646

LAND FORCES READINESS SUPPORT
100 BASE OPERATIONS SUPPORT.......... 798,343 800,943
North Carolina National Guard [1,600]
Family Assistance Centers.....

[[Page 123 STAT. 2797]]

Our Military Kids............. [1,000]
110 FACILITIES SUSTAINMENT, 580,171 580,471
RESTORATION, & MODERNIZATION....
Camp Ethan Allen Training Site [300]
Road Equipment................
120 MANAGEMENT AND OPERATIONAL HQ.... 573,452 573,452
130 ADDITIONAL ACTIVITIES............ 0 0

TOTAL, BA 01: OPERATING FORCES... 5,640,909 5,646,059

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

SERVICEWIDE SUPPORT
140 ADMINISTRATION................... 119,186 119,186
150 SERVICEWIDE COMMUNICATIONS....... 48,020 48,020
160 MANPOWER MANAGEMENT.............. 7,920 7,920
170 RECRUITING AND ADVERTISING....... 440,999 440,999

TOTAL, BA 04: ADMINISTRATION & 616,125 616,125
SERVICEWIDE ACTIVITIES..........

Total Operation and Maintenance, 6,257,034 6,262,184
Army National Guard.............

Operation and Maintenance, Air
National Guard

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 AIRCRAFT OPERATIONS.............. 3,347,685 3,347,685
020 MISSION SUPPORT OPERATIONS....... 779,917 779,917
030 DEPOT MAINTENANCE................ 780,347 780,347
040 FACILITIES SUSTAINMENT, 302,949 302,949
RESTORATION & MODERNIZATION.....
050 BASE SUPPORT..................... 606,916 606,916

TOTAL, BA 01: OPERATING FORCES... 5,817,814 5,817,814

BUDGET ACTIVITY 04:
ADMINISTRATION & SERVICEWIDE
ACTIVITIES

SERVICEWIDE ACTIVITIES
060 ADMINISTRATION................... 35,174 35,174
070 RECRUITING AND ADVERTISING....... 32,773 32,773

TOTAL, BA 04: ADMINISTRATION & 67,947 67,947
SERVICEWIDE ACTIVITIES..........

Total Operation and Maintenance, 5,885,761 5,885,761
Air National Guard..............

MISCELLANEOUS APPROPRIATIONS
010 US COURT OF APPEALS FOR THE ARMED 13,932 13,932
FORCES, DEFENSE.................

[[Page 123 STAT. 2798]]

010 ACQUISITION WORKFORCE DEVELOPMENT 100,000 100,000
FUND............................
010 OVERSEAS HUMANITARIAN, DISASTER 109,869 109,869
AND CIVIC AID...................
010 COOPERATIVE THREAT REDUCTION..... 404,093 424,093
Program increase.............. [20,000]
020 ENVIRONMENTAL RESTORATION, ARMY.. 415,864 415,864
030 ENVIRONMENTAL RESTORATION, NAVY.. 285,869 285,869
040 ENVIRONMENTAL RESTORATION, AIR 494,276 494,276
FORCE...........................
050 ENVIRONMENTAL RESTORATION, 11,100 11,100
DEFENSE.........................
060 ENVIRONMENTAL RESTORATION 267,700 267,700
FORMERLY USED SITES.............
070 OVERSEAS CONTINGENCY OPERATIONS 5,000 0
TRANSFER FUND...................
Program decrease.............. [-5,000]
080 IRAQ FREEDOM FUND................ 0 0

TOTAL, MISCELLANEOUS 2,107,703 2,122,703
APPROPRIATIONS..................

TOTAL TITLE III--OPERATION AND 156,444,204 156,179,872
MAINTENANCE.....................
------------------------------------------------------------------------

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.

------------------------------------------------------------------------
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Line Item Request Authorized
------------------------------------------------------------------------
Operation and Maintenance, Army

BUDGET ACTIVITY 01: OPERATING
FORCES

LAND FORCES READINESS SUPPORT
140 ADDITIONAL ACTIVITIES.............. 36,330,899 36,330,899
150 COMMANDERS EMERGENCY RESPONSE 1,500,000 1,300,000
PROGRAM...........................
Program reduction............... [-200,000]
160 RESET.............................. 7,867,551 7,867,551

TOTAL, BA 01: OPERATING FORCES..... 45,698,450 45,498,450

BUDGET ACTIVITY 04: ADMINISTRATION
& SERVICEWIDE ACTIVITIES

SECURITY PROGRAMS
340 SECURITY PROGRAMS.................. 1,426,309 1,426,309

LOGISTICS OPERATIONS
350 SERVICEWIDE TRANSPORTATION......... 5,045,902 5,045,902

TOTAL, BA 04: ADMINISTRATION & 6,472,211 6,472,211
SERVICEWIDE ACTIVITIES............

Army end strength budget [196,100]
amendment.......................

Total Operation and Maintenance, 52,170,661 52,166,761
Army..............................

Operation and Maintenance, Navy

[[Page 123 STAT. 2799]]

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 MISSION AND OTHER FLIGHT OPERATIONS 1,138,398 1,138,398
020 FLEET AIR TRAINING................. 2,640 2,640
030 AVIATION TECHNICAL DATA & 1,212 1,212
ENGINEERING SERVICES..............
040 AIR OPERATIONS AND SAFETY SUPPORT.. 26,815 26,815
050 AIR SYSTEMS SUPPORT................ 44,532 44,532
060 AIRCRAFT DEPOT MAINTENANCE......... 158,559 158,559

SHIP OPERATIONS
080 MISSION AND OTHER SHIP OPERATIONS.. 651,209 651,209
090 SHIP OPERATIONS SUPPORT & TRAINING. 22,489 22,489
100 SHIP DEPOT MAINTENANCE............. 1,001,037 1,001,037
Transfer to base................

COMBAT OPERATIONS/SUPPORT
120 COMBAT COMMUNICATIONS.............. 20,704 20,704
150 WARFARE TACTICS.................... 15,918 15,918
160 OPERATIONAL METEOROLOGY AND 16,889 16,889
OCEANOGRAPHY......................
170 COMBAT SUPPORT FORCES.............. 1,891,799 1,891,799
180 EQUIPMENT MAINTENANCE.............. 306 306
200 COMBATANT COMMANDERS CORE 6,929 6,929
OPERATIONS........................
210 COMBATANT COMMANDERS DIRECT MISSION 7,344 7,344
SUPPORT...........................

WEAPONS SUPPORT
240 IN-SERVICE WEAPONS SYSTEMS SUPPORT. 68,759 68,759
250 WEAPONS MAINTENANCE................ 82,496 82,496
260 OTHER WEAPON SYSTEMS SUPPORT....... 16,902 16,902

BASE SUPPORT
280 SUSTAINMENT, RESTORATION AND 7,629 7,629
MODERNIZATION.....................
290 BASE OPERATING SUPPORT............. 338,604 338,604

TOTAL, BA 01: OPERATING FORCES..... 5,521,170 5,521,170

BUDGET ACTIVITY 02: MOBILIZATION

READY RESERVE AND PREPOSITIONING
FORCES
300 SHIP PREPOSITIONING AND SURGE...... 27,290 27,290

MOBILIZATION PREPAREDNESS
330 FLEET HOSPITAL PROGRAM............. 4,336 4,336
350 COAST GUARD SUPPORT................ 245,039 245,039

TOTAL, BA 02: MOBILIZATION......... 276,665 276,665

BUDGET ACTIVITY 03: TRAINING AND
RECRUITING

BASIC SKILLS AND ADVANCED TRAINING
390 SPECIALIZED SKILL TRAINING......... 97,995 97,995
420 TRAINING SUPPORT................... 5,463 5,463

[[Page 123 STAT. 2800]]

TOTAL, BA 03: TRAINING AND 103,458 103,458
RECRUITING........................

BUDGET ACTIVITY 04: ADMINISTRATION
& SERVICEWIDE ACTIVITIES

SERVICEWIDE SUPPORT
470 ADMINISTRATION..................... 3,899 3,899
480 EXTERNAL RELATIONS................. 463 463
500 MILITARY MANPOWER AND PERSONNEL 563 563
MANAGEMENT........................
510 OTHER PERSONNEL SUPPORT............ 2,525 2,525
520 SERVICEWIDE COMMUNICATIONS......... 23,557 23,557

LOGISTICS OPERATIONS AND TECHNICAL
SUPPORT
540 SERVICEWIDE TRANSPORTATION......... 223,890 223,890
570 ACQUISITION AND PROGRAM MANAGEMENT. 642 642

INVESTIGATIONS AND SECURITY
PROGRAMS
610 NAVAL INVESTIGATIVE SERVICE........ 37,452 37,452

OTHER PROGRAMS
999 OTHER PROGRAMS..................... 25,299 25,299

TOTAL, BA 04: ADMINISTRATION & 318,290 318,290
SERVICEWIDE ACTIVITIES............

Total Operation and Maintenance, 6,219,583 6,219,583
Navy..............................

Operation and Maintenance, Marine
Corps

BUDGET ACTIVITY 01: OPERATING
FORCES

EXPEDITIONARY FORCES
010 OPERATIONAL FORCES................. 2,048,844 2,048,844
020 FIELD LOGISTICS.................... 486,014 486,014
030 DEPOT MAINTENANCE.................. 554,000 554,000

USMC PREPOSITIONING
060 NORWAY PREPOSITIONING.............. 950 950

BASE SUPPORT
090 BASE OPERATING SUPPORT............. 121,700 121,700

TOTAL, BA 01: OPERATING FORCES..... 3,211,508 3,211,508

BUDGET ACTIVITY 03: TRAINING AND
RECRUITING

BASIC SKILLS AND ADVANCED TRAINING
120 SPECIALIZED SKILL TRAINING......... 6,303 6,303
140 PROFESSIONAL DEVELOPMENT EDUCATION. 923 923
150 TRAINING SUPPORT................... 205,625 205,625

TOTAL, BA 03: TRAINING AND 212,851 212,851
RECRUITING........................

[[Page 123 STAT. 2801]]

BUDGET ACTIVITY 04: ADMINISTRATION
& SERVICEWIDE ACTIVITIES

SERVICEWIDE SUPPORT
210 SPECIAL SUPPORT.................... 2,576 2,576
220 SERVICEWIDE TRANSPORTATION......... 269,415 269,415
230 ADMINISTRATION..................... 5,250 5,250

TOTAL, BA 04: ADMINISTRATION & 277,241 277,241
SERVICEWIDE ACTIVITIES............

Total Operation and Maintenance, 3,701,600 3,701,600
Marine Corps......................

Operation and Maintenance, Air
Force

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 PRIMARY COMBAT FORCES.............. 1,582,431 1,582,431
020 COMBAT ENHANCEMENT FORCES.......... 1,460,018 1,460,018
030 AIR OPERATIONS TRAINING (OJT, 109,255 109,255
MAINTAIN SKILLS)..................
050 DEPOT MAINTENANCE.................. 304,540 304,540
060 FACILITIES SUSTAINMENT, RESTORATION 121,881 121,881
& MODERNIZATION...................
070 BASE SUPPORT....................... 1,394,809 1,394,809

COMBAT RELATED OPERATIONS
080 GLOBAL C3I AND EARLY WARNING....... 130,885 130,885
090 OTHER COMBAT OPS SPT PROGRAMS...... 407,554 407,554

SPACE OPERATIONS
130 SPACE CONTROL SYSTEMS.............. 38,677 38,677

COCOM
140 COMBATANT COMMANDERS DIRECT MISSION 157,000 157,000
SUPPORT...........................

TOTAL, BA 01: OPERATING FORCES..... 5,707,050 5,707,050

BUDGET ACTIVITY 02: MOBILIZATION

MOBILITY OPERATIONS
160 AIRLIFT OPERATIONS................. 3,171,148 3,171,148
170 MOBILIZATION PREPAREDNESS.......... 169,659 169,659
180 DEPOT MAINTENANCE.................. 167,070 167,070
190 FACILITIES SUSTAINMENT, RESTORATION 942 942
& MODERNIZATION...................
200 BASE SUPPORT....................... 45,998 45,998

TOTAL, BA 02: MOBILIZATION......... 3,554,817 3,554,817

BUDGET ACTIVITY 03: TRAINING AND
RECRUITING

ACCESSION TRAINING

[[Page 123 STAT. 2802]]

240 FACILITIES SUSTAINMENT, RESTORATION 1,019 1,019
& MODERNIZATION...................
250 BASE SUPPORT....................... 19,361 19,361

BASIC SKILLS AND ADVANCED TRAINING
260 SPECIALIZED SKILL TRAINING......... 48,442 48,442
270 FLIGHT TRAINING.................... 291 291
280 PROFESSIONAL DEVELOPMENT EDUCATION. 1,500 1,500
290 TRAINING SUPPORT................... 1,427 1,427

TOTAL, BA 03: TRAINING AND 72,040 72,040
RECRUITING........................

BUDGET ACTIVITY 04: ADMINISTRATION
& SERVICEWIDE ACTIVITIES

LOGISTICS OPERATIONS
370 LOGISTICS OPERATIONS............... 328,009 328,009
420 BASE SUPPORT....................... 35,322 35,322

SERVICEWIDE ACTIVITIES
430 ADMINISTRATION..................... 9,000 9,000
440 SERVICEWIDE COMMUNICATIONS......... 178,470 178,470

SECURITY PROGRAMS
470 SECURITY PROGRAMS.................. 142,160 142,160

TOTAL, BA 04: ADMINISTRATION & 692,961 692,961
SERVICEWIDE ACTIVITIES............

Total Operation and Maintenance, 10,026,868 10,026,868
Air Force.........................

Operation and Maintenance, Defense-
wide

BUDGET ACTIVITY 1: OPERATING FORCES

DEFENSE-WIDE ACTIVITIES
010 JOINT CHIEFS OF STAFF.............. 25,000 25,000
020 SPECIAL OPERATIONS COMMAND......... 2,519,935 2,519,935

TOTAL, BUDGET ACTIVITY 1:.......... 2,544,935 2,544,935

BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES

DEFENSE-WIDE ACTIVITIES
100 DEFENSE CONTRACT AUDIT AGENCY...... 13,908 13,908
130 DEFENSE INFORMATION SYSTEMS AGENCY. 245,117 245,117
150 DEFENSE LEGAL SERVICES............. 115,000 115,000
170 DEFENSE MEDIA ACTIVITY............. 13,364 13,364
200 DEFENSE THREAT REDUCTION AGENCY.... 2,018 2,018
210 DEPARTMENT OF DEFENSE EDUCATION 553,600 553,600
AGENCY............................
220 DEFENSE CONTRACT MANAGEMENT AGENCY. 63,130 63,130
230 DEFENSE SECURITY COOPERATION AGENCY 1,950,000 1,950,000
270 OFFICE OF THE SECRETARY OF DEFENSE. 79,047 79,047

OTHER PROGRAMS

[[Page 123 STAT. 2803]]

999 OTHER PROGRAMS..................... 1,998,181 1,998,181

TOTAL, BUDGET ACTIVITY 4:.......... 5,033,365 5,033,365

Army end strength budget 5,100
amendment.......................

Total Operation and Maintenance, 7,578,300 7,583,400
Defense-Wide .....................

Operation and Maintenance, Army
Reserve

BUDGET ACTIVITY 01: OPERATING
FORCES

LAND FORCES
030 ECHELONS ABOVE BRIGADE............. 86,881 86,881
050 LAND FORCES OPERATIONS SUPPORT..... 40,675 40,675

LAND FORCES READINESS
070 FORCE READINESS OPERATIONS SUPPORT. 21,270 21,270
080 LAND FORCES SYSTEMS READINESS...... 17,500 17,500

LAND FORCES READINESS SUPPORT
100 BASE OPERATIONS SUPPORT............ 38,000 38,000

TOTAL, BA 01: OPERATING FORCES..... 204,326 204,326

Total Operation and Maintenance, 204,326 204,326
Army Reserve......................

Operation and Maintenance, Navy
Reserve

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 MISSION AND OTHER FLIGHT OPERATIONS 26,673 26,673
020 INTERMEDIATE MAINTENANCE........... 400 400
040 AIRCRAFT DEPOT MAINTENANCE......... 3,600 3,600

SHIP OPERATIONS
060 MISSION AND OTHER SHIP OPERATIONS.. 7,416 7,416
080 SHIP DEPOT MAINTENANCE............. 8,917 8,917

COMBAT OPERATIONS SUPPORT
090 COMBAT COMMUNICATIONS.............. 3,147 3,147
100 COMBAT SUPPORT FORCES.............. 13,428 13,428

BASE SUPPORT
140 BASE OPERATING SUPPORT............. 4,478 4,478

TOTAL, BA 01: OPERATING FORCES..... 68,059 68,059

Total Operation and Maintenance, 68,059 68,059
Navy Reserve......................

Operation and Maintenance, Marine
Corps Reserve

[[Page 123 STAT. 2804]]

BUDGET ACTIVITY 01: OPERATING
FORCES

EXPEDITIONARY FORCES
010 OPERATING FORCES................... 77,849 77,849

BASE SUPPORT
050 BASE OPERATING SUPPORT............. 8,818 8,818

TOTAL, BA 01: OPERATING FORCES..... 86,667 86,667

Total Operation and Maintenance, 86,667 86,667
Marine Corps Reserve..............

Operation and Maintenance, Air
Force Reserve

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 PRIMARY COMBAT FORCES.............. 3,618 3,618
020 MISSION SUPPORT OPERATIONS......... 7,276 7,276
030 DEPOT MAINTENANCE.................. 114,531 114,531
050 BASE SUPPORT....................... 500 500

TOTAL, BA 01: OPERATING FORCES..... 125,925 125,925

Total Operation and Maintenance, 125,925 125,925
Air Force Reserve.................

Operation and Maintenance, Army
National Guard

BUDGET ACTIVITY 01: OPERATING
FORCES

LAND FORCES
010 MANEUVER UNITS..................... 89,666 89,666
020 MODULAR SUPPORT BRIGADES........... 1,196 1,196
030 ECHELONS ABOVE BRIGADE............. 18,360 18,360
040 THEATER LEVEL ASSETS............... 380 380
060 AVIATION ASSETS.................... 59,357 59,357

LAND FORCES READINESS
070 FORCE READINESS OPERATIONS SUPPORT. 94,458 94,458

LAND FORCES READINESS SUPPORT
100 BASE OPERATIONS SUPPORT............ 22,536 22,536
120 MANAGEMENT AND OPERATIONAL HQ...... 35,693 35,693

TOTAL, BA 01: OPERATING FORCES..... 321,646 321,646

Total Operation and Maintenance, 321,646 321,646
Army National Guard...............

[[Page 123 STAT. 2805]]

Operation and Maintenance, Air
National Guard

BUDGET ACTIVITY 01: OPERATING
FORCES

AIR OPERATIONS
010 AIRCRAFT OPERATIONS................ 103,259 103,259
020 MISSION SUPPORT OPERATIONS......... 51,300 51,300
030 DEPOT MAINTENANCE.................. 135,303 135,303

TOTAL, BA 01: OPERATING FORCES..... 289,862 289,862

Total Operation and Maintenance, 289,862 289,862
Air National Guard................

Afghanistan Security Forces Fund

010 INFRASTRUCTURE..................... 868,320 868,320
020 EQUIPMENT AND TRANSPORTATION....... 1,615,192 1,615,192
030 TRAINING AND OPERATIONS............ 272,998 272,998
040 SUSTAINMENT........................ 1,945,887 1,945,887
060 INFRASTRUCTURE..................... 605,584 605,584
070 EQUIPMENT AND TRANSPORTATION....... 279,186 279,186
080 TRAINING AND OPERATIONS............ 648,217 648,217
090 SUSTAINMENT........................ 1,219,966 1,219,966
120 SUSTAINMENT........................ 5,919 5,919
130 TRAINING AND OPERATIONS............ 1,500 1,500

TOTAL, Afghanistan Security Forces 7,462,769 7,462,769
Fund..............................

Pakistan Counterinsurgency
Capability Fund

INFRASTRUCTURE..................... 41,970 0
Realigned from Defense to [-41,970]
International Affairs...........
EQUIPMENT/TRANSPORTATION........... 397,907 0
Realigned from Defense to [-397,907]
International Affairs...........
TRAINING AND OPERATIONS............ 67,953 0
Realigned from Defense to [-67,953]
International Affairs...........
INFRASTRUCTURE..................... 73,000 0
Realigned from Defense to [-73,000]
International Affairs...........
EQUIPMENT/TRANSPORTATION........... 107,000 0
Realigned from Defense to [-107,000]
International Affairs...........
TRAINING AND OPERATIONS............ 8,170 0
Realigned from Defense to [-8,170]
International Affairs...........
HUMANITARIAN ASSISTANCE............ 4,000 0
Realigned from Defense to [-4,000]
International Affairs...........

TOTAL, Pakistan Counterinsurgency 700,000 0
Capability Fund...................

MISCELLANEOUS APPROPRIATIONS
080 IRAQ FREEDOM FUND.................. 115,300 0
Program reduction............... [-115,300]

[[Page 123 STAT. 2806]]

TOTAL, MISCELLANEOUS APPROPRIATIONS 115,300 0

TOTAL TITLE III--OPERATION AND 89,071,566 88,257,466
MAINTENANCE.......................
------------------------------------------------------------------------

TITLE XLIV--OTHER AUTHORIZATIONS

SEC. 4401. OTHER AUTHORIZATIONS.

------------------------------------------------------------------------
OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Program Title Request Authorized
------------------------------------------------------------------------
REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS
DEFENSE WORKING CAPITAL FUNDS.......... 141,388 141,388
DEFENSE COMMISSARY AGENCY.............. 1,313,616 1,313,616
Total, Defense Working Capital Funds... 1,455,004 1,455,004

NATIONAL DEFENSE SEALIFT FUND
Strategic Ship Acquisition
T-AKE.................................. 940,115 940,115
MLP.................................... 120,047 120,047
OUTFITTING AND POST DELIVERY........... 29,740 29,740
DoD Mobilization Assets
NATIONAL DEFENSE SEALIFT VESSEL........ 1,438 1,438
LMSR MAINTENANCE....................... 96,363 96,363
DOD MOBILIZATION ALTERATIONS........... 64,167 64,167
T-AH MAINTENANCE....................... 37,627 37,627
Strategic Sealift Support
STRATEGIC SEALIFT SUPPORT.............. 4,794 4,794
Sealift Research and Development
RESEARCH AND DEVELOPMENT............... 72,983 72,983
Ready Reserve Force
READY RESERVE FORCE.................... 275,484 275,484
Total, National Defense Sealift Fund... 1,642,758 1,642,758

DEFENSE COALITION SUPPORT FUND
DEFENSE COALITION SUPPORT FUND......... 22,000 0
Total Revolving and Management Funds... 3,119,762 3,097,762

MILITARY PROGRAMS

DEFENSE HEALTH PROGRAM
DEFENSE HEALTH PROGRAM--O&M............ 26,967,919 27,094,849
TRICARE Continuation Pending [4,000]
MEDICARE Eligibility................
Transitional Dental Care (S712)..... [11,000]
Pre-mobilization health care [92,000]
coverage for Reservists and their
families............................
Madigan Medical Center Trauma [2,500]
Assistance Program..................
Fort Drum Regional Health Planning [430]
Organization........................
Extend Dental Coverage to Dependent [2,000]
Survivors...........................
Chiropractic Clinical Trials........ [5,000]
TRICARE Coverage for Gray-Area [10,000]
Retirees............................
DEFENSE HEALTH PROGRAM--R&D............ 613,102 616,102

[[Page 123 STAT. 2807]]

USUHS Immersive, Wide Area Virtual [3,000]
Environment.........................
DEFENSE HEALTH PROGRAM--PROCUREMENT.... 322,142 322,142
Total Defense Health Program........... 27,903,163 28,033,093

CHEMICAL AGENTS AND MUNITIONS
DESTRUCTION
CHEM DEMILITARIZATION--O&M............. 1,146,802 1,146,802
CHEM DEMILITARIZATION--RDT&E........... 401,269 401,269
CHEM DEMILITARIZATION--PROC............ 12,689 12,689

Total Chemical Agents and Munitions 1,560,760 1,560,760
Destruction...........................

DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES
DRUG INTERDICTION AND COUNTER-DRUG 1,058,984 1,054,234
ACTIVITIES, DEFENSE...................
EUCOM Interagency Fusion Centers [-750]
(PC2365)............................
PC9205 EUCOM CN Operation Support-- [-2,000]
excessive growth....................
PC9206 AFRICOM CN Operational [-2,000]
Support--excessive growth...........
Total Drug Interdiction and Counter- 1,058,984 1,054,234
Drug Activities.......................

OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M... 271,444 287,100
Second year growth plan............. [15,656]
OFFICE OF THE INSPECTOR GENERAL-- 1,000 1,000
PROCUREMENT...........................
Total Office of the Inspector General.. 272,444 288,100

TOTAL OTHER AUTHORIZATIONS............. 33,915,113 34,033,949

Memorandum: Civil Program (non-defense)
Armed Forces Retirement Home (Budget 134,000 134,000
Function 600).........................
------------------------------------------------------------------------

SEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.

------------------------------------------------------------------------
OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Program Title Request Authorized
------------------------------------------------------------------------
REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS
DEFENSE WORKING CAPITAL FUNDS................. 396,915 396,915
Total, Defense Working Capital Funds.......... 396,915 396,915

Total Revolving and Management Funds.......... 396,915 396,915

MILITARY PROGRAMS

DEFENSE HEALTH PROGRAM
DEFENSE HEALTH PROGRAM--O&M................... 1,155,235 1,256,675
Army end strength budget amendment......... [101,440]
Total Defense Health Program.................. 1,155,235 1,256,675

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 324,603 356,603
DEFENSE......................................

[[Page 123 STAT. 2808]]

International Support--US CENTCOM CN [32,000]
Training--Mi-17 Procurement................
Total Drug Interdiction and Counter-Drug 324,603 356,603
Activities...................................

OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M.......... 8,876 8,876
Total Office of the Inspector General......... 8,876 8,876

TOTAL OTHER AUTHORIZATIONS.................... 1,885,629 2,019,069
------------------------------------------------------------------------

TITLE XLV--MILITARY CONSTRUCTION

SEC. 4501. MILITARY CONSTRUCTION.

----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget Conference
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Anniston Army Depot Industrial Area Elec System 3,300
Upgrade.
ARNG Fort McClellan Urban Assault Course....... 3,000 3,000
Army Redstone Arsenal Gate 7 Access Control Point 3,550
Def-Wide Redstone Arsenal Missile and Space Intel 12,000
Center Eoe Complex.
Alaska
Air Force Clear AFS Power Plant Facility....... 24,300 24,300
Air Force Eielson AFB Arctic Utilidors--phase 1.. 9,900
Air Force Eielson AFB Taxiway Lighting........... 3,450
Air Force Elmendorf AFB Red Flag Alaska Add/Alter 3,100 3,100
Operations Center.
Air Force Elmendorf AFB F-22 Weapons Load Training 12,600 12,600
Facility.
Def-Wide Elmendorf AFB Aeromedical Services/Mental 25,017 25,017
Health Clinic.
Army Fort Richardson Airborne Sustainment 6,100 6,100
Training Complex.
Army Fort Richardson Training Aids Center....... 2,050 2,050
Army Fort Richardson Warrior In Transition 43,000 43,000
Complex.
Army Fort Richardson Combat Pistol Range........ 4,900
Def-Wide Fort Richardson Health Clinic.............. 3,518 3,518
Army Fort Wainwright Railhead Complex........... 26,000 26,000
Army Fort Wainwright Aviation Unit Operations 19,000 19,000
Complex.
Army Fort Wainwright Aviation Task Force 125,000 95,000
Complex, Ph 1, Inc 1.
Army Fort Wainwright Warrior In Transition 28,000 28,000
Complex.
Arizona
ARNG Camp Navajo Combat Pistol Qualification 3,000 3,000
Course.
Air_Guard Davis-Monthan AFB TFI-Predator Beddown-FOC... 5,600 5,600
Air Force Davis-Monthan AFB Dormitory (144 Rm)......... 20,000 20,000
Air Force Davis-Monthan AFB CSAR HC-130J Simulator 8,400 8,400
Facility.
Air Force Davis-Monthan AFB CSAR HC-130J Rqs Operations 8,700 8,700
Facility.
Air Force Davis-Monthan AFB CSAR HC-130J Infrastructure 4,800 4,800
Army Fort Huachuca UAV ER/MPER/MP............. 15,000 15,000
Army Fort Huachuca Battalion Headquarters UAV. 6,000 6,000
Army Fort Huachuca Fire Station, Two company.. 6,700
Milcon, Naval Res Phoenix Reserve Center Move To Luke 10,986 10,986
AFB, NOSC Phoenix.
Navy Yuma Aircraft Maintenance Hanger 27,050 27,050
(phase 1).
Navy Yuma Airfield Elec. Dist. and 1,720 1,720
Contol.

[[Page 123 STAT. 2809]]

Arkansas
Air Force Little Rock AFB C-130 Flight Simulator 5,800 5,800
Addition.
Air Force Little Rock AFB Security Forces Operations 10,400
Facility.
Army Pine Bluff Arsenal Fuse & Detonator Magazine, 25,000 25,000
Depot Level.
California
Milcon, Naval Res Alameda Reserve Training Center-- 5,960 5,960
Alameda, Ca.
Navy Bridgeport Fire Station--Renovation-- 4,460 4,460
MWTC.
Navy Bridgeport Mountain Warfare Training, 6,830
Commissary.
Navy Camp Pendleton Anglico Operations Complex. 25,190 25,190
Navy Camp Pendleton Recon Bn Operations Complex 77,660 77,660
Navy Camp Pendleton Comm/elec Maintenance 13,170 13,170
Facility.
Navy Camp Pendleton Expansion Of SRTTP To 7.5 55,180 55,180
MGD.
Navy Camp Pendleton North Region Tertiary 142,330 112,330
Treatment Plant (Incr 1).
Navy Camp Pendleton Gas/Electrical Upgrades.... 51,040 51,040
Navy Camp Pendleton Recruit Barracks--School of 53,320 53,320
Infantry.
Navy Camp Pendleton Enlisted Dining Facility... 32,300 32,300
Navy Camp Pendleton Recruit Barracks--field/K- 23,200 23,200
span.
Navy Camp Pendleton Communications Upgrades.... 79,492 79,492
Navy Camp Pendleton Electrical Distribution 76,950 76,950
System.
Navy Camp Pendleton Operations Access Points... 12,740 12,740
Navy Camp Pendleton Enlisted Dining Facility-- 37,670 37,670
Edson Range.
Navy Camp Pendleton BEQ........................ 39,610 39,610
Navy Camp Pendleton Recruit Marksmanship 13,730 13,730
Training Facility.
Navy Camp Pendleton Expand Combat Aircraft 12,240 12,240
Loading Apron.
Navy Camp Pendleton Aviation Transmitter/ 13,560 13,560
Receiver Site.
Navy Camp Pendleton WFTBN Support Facilities... 15,780 15,780
USAR Camp Pendleton Army Reserve Center........ 19,500 19,500
Def-Wide Coronado SOF Close Quarters Combat 15,722 15,722
Training Facility.
Navy Edwards AFB Edwards Ramp Extension..... 3,007 3,007
Def-Wide El Centro Aircraft Direct Fueling 11,000 11,000
Station.
Army Fort Irwin Mout Assault Course, Ph 4.. 9,500 9,500
Air_Guard Fresno Yosemite IAP 144th Squadron Operations 9,800
ANG Facility.
ARNG Los Alamitos Readiness Center Ph1....... 31,000 31,000
USAR Los Angeles Army Reserve Center........ 29,000 29,000
Air Force Los Angeles AFB Consolidated Parking Area, 8,000
Ph1.
AF Reserve March ARB Small Arms Firing Range.... 9,800
Navy Miramar Aircraft Parking Apron 9,280 9,280
Modification.
Navy Monterey NSA Marine Meteorology Center.. 10,240
Def-Wide Point Loma Annex Replace Fuel Storage Fac 92,300 92,300
Incr 2.
Navy Point Loma Annex Alter/Add Marine Mammal 2,330
Surgical Center.
Navy Point Loma Annex Public Works Shops 8,730 8,730
Consolidation.
Navy San Diego Messhall Expansion......... 23,590 23,590
Air_Guard Socal Logistics TFI-Predator Beddown--FTU/ 8,400 8,400
Airport LRE Site.
Air Force Travis AFB Construct Kc-10 Cargo Load 6,900 6,900
Training Facility.
Air Force Travis AFB Taxiway M Bypass Load...... 6,000
Def-Wide Travis AFB Replace Fuel Distribution 15,357 15,357
System.
Navy Twentynine Palms Station Comm Facility and 49,040 49,040
Infrastructure.
Navy Twentynine Palms Sub-Station and Electrical 31,310 31,310
Upgrades.
Navy Twentynine Palms Elec. Infra. Upgrade-- 46,220 46,220
34.5kv To 115kv.
Navy Twentynine Palms Elec. Power Plant/CO--GEN/ 53,260 53,260
Gas Turbine--n.
Navy Twentynine Palms Water Improvements and 30,610 30,610
Storage Tank.
Navy Twentynine Palms Sewage System Imp. and Lift 5,800 5,800
Station.
Navy Twentynine Palms HTHW/chilled Water System.. 25,790 25,790
Navy Twentynine Palms Natural Gas System 19,990 19,990
Extension.
Navy Twentynine Palms Industrial Waste Water 3,330 3,330
Pretreatment Sys..
Navy Twentynine Palms Laydown Site Work--north 21,740 21,740
mainside.
Navy Twentynine Palms Secondary elec.dist.--north 31,720 31,720
mainside.
Navy Twentynine Palms Construct Loads--north 29,360 29,360
mainside.

[[Page 123 STAT. 2810]]

Navy Twentynine Palms Maint. Shop--wheeled....... 16,040 16,040
Navy Twentynine Palms Maint. Sunshades-- wheeled. 12,580 12,580
Navy Twentynine Palms Comm/Elect Maint/Storage... 12,660 12,660
Navy Twentynine Palms Dining Facility--north 17,200 17,200
mainside.
Navy Twentynine Palms BEQ........................ 37,290 37,290
Navy Twentynine Palms Maint. Shop--tracked....... 19,780 19,780
Navy Twentynine Palms BEQ........................ 37,290 37,290
Navy Twentynine Palms Consolidated Armory-- tanks 12,670 12,670
Air Force Vandenberg AFB Child Development Center... 13,000 13,000
Colorado
Air_Guard Buckley Ang Base Add/Alter Weapons Release.. 4,500
USAR Colorado Springs Army Reserve Center/land... 13,000 13,000
Army Fort Carson Training Aids Center....... 18,500 18,500
Army Fort Carson Brigade Complex............ 69,000 69,000
Army Fort Carson Brigade Complex, Ph 1...... 102,000
Army Fort Carson Railroad Tracks............ 14,000 14,000
Army Fort Carson Warrior In Transition (WT) 56,000 56,000
Complex.
Army Fort Carson Automated Qualification 11,000 11,000
Training Range.
Army Fort Carson Modified Record Fire Range. 4,450 4,450
Army Fort Carson Automated Multipurpose 7,400 7,400
Machine Gun Range.
Army Fort Carson Scout/recce Gunnery Complex 16,000 16,000
Army Fort Carson Urban Assault Course....... 3,100 3,100
Army Fort Carson Convoy Live Fire Range..... 6,500 6,500
Army Fort Carson Commissary................. 35,000 35,000
Army Fort Carson Barracks & dining, 60,000 60,000
Increment 2.
Def-Wide Fort Carson SOF Battalion Ops Complex.. 45,200 45,200
Def-Wide Fort Carson SOF Military Working Dog 3,046 3,046
Facility.
Def-Wide Fort Carson Health and Dental Clinic... 52,773 31,900
Air Force Peterson AFB East Gate Realignment...... 7,200
Air Force Peterson AFB C-130 Squad Ops/AMU (TFI).. 5,200 5,200
Air Force Peterson AFB National Security Space 19,900 19,900
Institute.
Chem Demil Pueblo Depot Ammunition Demilitarization 92,500 92,500
Facility, Ph XI.
AF Reserve Schriever AFB Wing Headquarters.......... 10,200 10,200
Air Force U.S. Air Force Academy Add To Cadet Fitness Center 17,500 17,500
Connecticut
Air_Guard Bradley National CNAF Beddown Upgrade 9,000
Airport Facilities.
USAR Bridgeport Army Reserve Center/land... 18,500 18,500
Navy New London NSB Mk-48 Torpedo Magazine..... 6,570
Delaware
Air Force Dover AFB C-5 Cargo Aircraft maint 5,300 5,300
Training Facility P1.
Air Force Dover AFB Consol Comm Fac............ 12,100 12,100
Air Force Dover AFB Chapel Center.............. 7,500
Florida
Navy Blount Island Port Operations Facility... 3,760 3,760
Air Force Eglin AFB F-35 Duke Control Tower.... 3,420 3,420
Air Force Eglin AFB Construct Dormitory (96 rm) 11,000 11,000
Air Force Eglin AFB F-35 Pol Ops Facility...... 3,180 5,236
Air Force Eglin AFB F-35 Hydrant Refueling 8,100 14,308
System Phase 1.
Air Force Eglin AFB F-35 Parallel Taxiway 1,440 2,371
lAdder.
Air Force Eglin AFB F-35 JPS Flightline 5,400 8,892
fillstands.
Air Force Eglin AFB F-35 JP-8 West Side bulk 960 1,581
Fuel Tank Upgrades.
Air Force Eglin AFB F-35 Live Ordinance Load 9,900 9,900
Facility.
Air Force Eglin AFB F-35 A/C Parking Apron..... 16,400 27,652
Army Eglin AFB Operations Complex, Ph 3... 80,000 80,000
Army Eglin AFB Indoor Firing Range........ 8,900 8,900
Army Eglin AFB Live Fire Exercise 8,000 8,000
Shoothouse.
Army Eglin AFB Live Fire Exercise Breach 4,950 4,950
Facility.
Army Eglin AFB Non-standard Small Arms 3,400 3,400
range.
Army Eglin AFB Grenade Launcher Range..... 1,600 1,600
Army Eglin AFB Hand Grenade Qualification 1,400 1,400
Course.
Army Eglin AFB Urban Assault Course....... 2,700 2,700

[[Page 123 STAT. 2811]]

Army Eglin AFB Anti-armor, Tracking & Live 3,400 3,400
Fire Range.
Army Eglin AFB Automated Qualification/ 12,000 12,000
Training Range.
Army Eglin AFB Light Demolition Range..... 2,200 2,200
Army Eglin AFB Basic 10m-25m Firing range 3,050 3,050
(zero).
Def-Wide Eglin AFB SOF Military Working Dog 3,046 3,046
Facility.
Navy Eglin AFB F-35 Hydrant Refueling sys, 6,208
Ph 1.
Navy Eglin AFB F-35 Parallel Taxiway 931
ladder.
Navy Eglin AFB F-35 A/C Parking Apron..... 11,252
Navy Eglin AFB Bachelor Enlisted Quarters, 26,287 26,287
EOD School, Phase.
Navy Eglin AFB F-35 JP8 West Side Bulk 621
Tank Upgrades.
Navy Eglin AFB F-35 Pol Operations 2,056
Facility (Eglin).
Navy Eglin AFB F-35 JP8 Flightline 3,492
Fillstands (Eglin).
Army Eglin AFB (Camp Elevated Water Storage Tank 1,200
Rudder)
Air Force Hurlburt Field Refueling Vehicle 2,200 2,200
Maintenance Facility.
Air Force Hurlburt Field Electrical Distribution 8,300 8,300
Substation.
Air Force Hurlburt Field Flight Test Opns Fac (413 9,400
Flts).
Def-Wide Hurlburt Field SOF Simulator Facility for 8,156 8,156
Mc-130 (recap).
Navy Jacksonville P-8/MMA Facilities 5,917 5,917
Modification.
Def-Wide Jacksonville IAP Replace Jet Fuel Storage 11,500 11,500
Complex.
Air Force Macdill AFB Dormitory (120 Room)....... 16,000 16,000
Air Force Macdill AFB Child Development Center... 7,000 7,000
Air Force Macdill AFB Centcom Commandant Facility 15,300 15,300
Air Force Macdill AFB Consolidated Commo Facility 21,000
Navy Mayport Fitness Ctr................ 26,360
Navy Mayport Wharf Charlie Repair....... 29,682 29,682
Navy Mayport Channel Dredging........... 46,303 46,303
Army Miami Doral Southcom Headquarters, incr 55,400 55,400
3.
USAR Panama City Army Reserve Center/land... 7,300 7,300
Air Force Patrick AFB Combat Weapons Training 8,400
Facility.
Navy Pensacola Corry ``A'' School bachelor 22,950 22,950
Enlisted Quarters R.
Navy Pensacola Simulator Addition For umfo 3,211 3,211
Program.
USAR West Palm Beach Army Reserve Center/land... 26,000 26,000
Navy Whiting Field T-6B JPATS Trng. Ops 4,120 4,120
Paraloft Facility.
Georgia
Navy Albany MCLB Wpns Maint Hardstand Fac... 4,870
USAR Atlanta Army Reserve Center/land... 14,000 14,000
Army Fort Benning Combined Arms Collective 10,800 10,800
Training Facility.
Army Fort Benning Fire and Movement Range.... 2,800 2,800
Army Fort Benning Battle Lab................. 30,000 30,000
Army Fort Benning Training Area Tank Trails.. 9,700 9,700
Army Fort Benning Training Battalion Complex. 38,000 38,000
Army Fort Benning Dining Facility............ 15,000 15,000
Army Fort Benning Warrior In Transition (WT) 53,000 53,000
Complex.
Army Fort Benning Training Battalion Complex, 31,000 31,000
Ph 1.
Army Fort Benning Training Battalion Complex, 31,000 31,000
Ph 1.
Army Fort Benning Trainee Barracks Complex, 74,000 74,000
Ph 1.
ARNG Fort Benning Readiness Center........... 15,500 15,500
Def-Wide Fort Benning Wilson Es Construct 2,330 2,330
Gymnasium.
Def-Wide Fort Benning SOF Expand Battalion 3,046 3,046
Headquarters.
Def-Wide Fort Benning Blood Donor Center 12,313 12,313
Replacement.
Def-Wide Fort Benning Dental Clinic.............. 4,887 4,887
Army Fort Gillem Forensic Lab............... 10,800 10,800
Army Fort Stewart Brigade Complex............ 93,000 48,000
Army Fort Stewart Automated Sniper Field Fire 3,400 3,400
Range.
Army Fort Stewart Warrior In Transition (WT) 49,000 49,000
Complex.
Army Fort Stewart Barracks & Dining, 80,000 80,000
Increment 2.
Def-Wide Fort Stewart New Elementary School...... 22,502
Def-Wide Fort Stewart New Elementary School...... 22,501 22,501
Def-Wide Fort Stewart Health and Dental Clinic... 26,386 22,200
ARNG Hunter Army Airfield Aviation Readiness Center.. 8,967
Air Force Moody AFB Rescue Opns/maint HQ Fac... 10,000

[[Page 123 STAT. 2812]]

Air Force Warner Robins AFB Hot Cargo Pad/taxiway...... 6,200
Hawaii
Def-Wide Ford Island Pacific Operations Facility 9,633 9,633
Upgrade.
Air Force Hickam AFB Ground Control Tower....... 4,000
Air_Guard Hickam AFB TFI--F-22 LO/composite 26,000 26,000
repair Facility.
Air_Guard Hickam AFB TFI--F-22 Parking Apron and 7,000 7,000
Taxiways.
Navy Navsta Pearl Harbor Production Services Support 25,070
Facility.
Navy Oahu Range, 1000 - Puuloa....... 5,380 5,380
Navy Pearl Harbor Pacflt Sub Drive-in Mag 8,645 8,645
Silencing Fac (inc).
Navy Pearl Harbor APCSS Conference & 12,775 12,775
Technology Learning Center.
Navy Pearl Harbor Missile Magazines (5), West 22,407 22,407
Loch.
Army Schofield Barracks Vehicle Maintenance Shop... 63,000 63,000
Army Schofield Barracks Vehicle Maintenance Shop... 36,000 36,000
Army Schofield Barracks Warrior In Transition (WT) 55,000 55,000
Barracks.
Army Schofield Barracks Warrior In Transition 30,000 30,000
Complex.
Air Force Wheeler AAF Construct ASOC Complex..... 15,000 15,000
Army Wheeler AAF Regional SATCOM Information 7,500 7,500
Center.
Idaho
ARNG Gowen Field Combined Arms Collective 16,100 16,100
Training Facility.
Air Force Mountain Home AFB Logistics Readiness Center. 20,000 20,000
Illinois
USAR Chicago Army Reserve Center........ 23,000 23,000
Milcon, Naval Res Joliet Army Ammo Plant Reserve Training Center-- 7,957 7,957
Joliet, Il.
Air_Guard Lincoln Capital Security Improv--Relocate 3,000
Airport Entrance.
ARNG Milan Readiness Center........... 5,600
Air Force Scott AFB Aeromedical Evac Facility.. 7,400
Indiana
ARNG Muscatatuck Combined Arms Collective 10,100 10,100
Training Facility Ph.
Navy Naval Support Activity Strategic Weapons Systems 13,710
Crane Engineering Facility.
Iowa
ARNG Camp Dodge US Property and Fiscal 4,000
Office.
Air_Guard Des Moines Des Moines Alt Security 4,600
Forces Fac.
Kansas
Army Fort Riley Training Aids Center....... 15,500 15,500
Army Fort Riley Advanced Waste Water 28,000 28,000
Treatment Plant.
Army Fort Riley Igloo Storage, Installation 7,200 7,200
Army Fort Riley Brigade Complex............ 49,000 49,000
Army Fort Riley Battalion Complex.......... 59,000 59,000
Army Fort Riley Land Vehicle Fueling 3,700 3,700
Facility.
Army Fort Riley Estes Load Access Control 6,100
Point.
Air_Guard McConnell AFB TFI-Upgrade DCGS........... 8,700
ARNG Salina Army NG Taxiway Alterations........ 2,227
Aviation Facility
Kentucky
Chem Demil Blue Grass Army Depot Ammunition Demilitarization 54,041 54,041
Ph X.
Chem Demil Blue Grass Army Depot Blue Grass Army Depot Chem 5,000
Demil Project.
Army Fort Campbell Installation Chapel Center. 14,400
Def-Wide Fort Campbell 5th SFG Language 6,800
Sustainment Trng Fac.
Def-Wide Fort Campbell SOF Battalion Operations 29,289 29,289
Complex.
Def-Wide Fort Campbell SOF Military Working Dog 3,046 3,046
Facility.
Def-Wide Fort Campbell Health Clinic.............. 8,600 8,600
Army Fort Knox Warrior In Transition (WT) 70,000 70,000
Complex.
Louisiana
Air Force Barksdale Air Force Phase Five Ramp 12,800
Base Replacement--Aircraft Apron.

[[Page 123 STAT. 2813]]

Army Fort Polk Multipurpose Machinegun 6,400
Range.
Army Fort Polk Warrior In Transition (WT) 32,000 32,000
Complex.
Army Fort Polk Land Purchases............. 17,000 17,000
Maine
Air_Guard Bangor IAP Replace Aircraft Maint 28,000 28,000
Hanger/shops.
Navy Portsmouth Naval Gate 2 Security 7,090
Shipyard Improvements.
Maryland
Army Aberdeen PG Analytical Chem Wing-- 15,500
Advanced Chem Lab.
Def-Wide Aberdeen PG USAMRICD Replacement, inc I 111,400 111,400
Air Force Andrews AFB Replace Munitions Storage 9,300 9,300
Area.
Air_Guard Andrews AFB Rpl Munitions maintenance 14,000 14,000
and Storage Complex.
Navy Carderock Nswc Det RDTE Support Facility, ph2. 6,520
Army Fort Detrick ATL Auditorium & Tng Cntr 7,400
Expand.
Army Fort Detrick Satellite Communications 18,000 18,000
Center.
Army Fort Detrick Satellite Communications 21,000 21,000
Facility.
Def-Wide Fort Detrick Boundary Gate At Nalin Pond 10,750 10,750
Def-Wide Fort Detrick Emergency Service Center... 16,125 16,125
Def-Wide Fort Detrick USAMRIID Stage I, Inc IV... 108,000 108,000
Def-Wide Fort Detrick Nibc Truck Inspection 2,932 2,932
Station & RLoad.
Army Fort Meade Intersection, Rockenbach Rd 2,350
& Cooper Ave.
Def-Wide Fort Meade South Campus Utility Plant 175,900 175,900
Ph 2.
Def-Wide Fort Meade NSAW Campus Chilled Water 19,100 19,100
Backup.
Def-Wide Fort Meade Mission Support--PSAT...... 8,800 8,800
Navy Patuxent River NAS Special Commo Rqts Eng 11,043
Facility.
Massachusetts
Air_Guard Barnes ANGB F-15 Aircraft Ready 8,100
Shelters.
ARNG Hanscom AFB Armed Forces Reserve Center 29,000 29,000
(JFHQ).
Air_Guard Otis Air National Composite Operations and 12,800
Guard Base Training Facility.
Michigan
Air_Guard Alpena CRTC Replace Troop Quarters..... 8,900
Air_Guard Battle Creek ANG Base CNAF Bed Down Facilities... 14,000
ARNG Fort Custer Org Maint Shop (ADRS)...... 7,732
Air_Guard Selfridge ANG Base A-10 Squad Operations 7,100
Facility.
Minnesota
ARNG Arden Hills Readiness Center Ph2....... 6,700 6,700
ARNG Camp Ripley Urban Assault Course....... 1,710 1,710
Def-Wide Duluth IAP Jet Fuel Stoarge Complex... 15,000 15,000
USAR Fort Snelling Army Reserve Center........ 12,000 12,000
(Minneapolis)
Air_Guard Minn/St. Paul IAP Minnesota Starbase Facility 1,900
133rd AW Base Alteration.
Mississippi
ARNG Camp Shelby Combined Arms Collective 16,100 16,100
Tng Fac Add/alt.
Air Force Columbus AFB Aircraft Fuel Systems Maint 9,800
Dock.
Air_Guard Gulfport-biloxi RA Relocate Base Entrance..... 6,500
AF Reserve Keesler AFB Aerial Port Squadron 9,800 9,800
Facility.
ARNG Monticello Monticello National guard 14,350
Readiness Center.
Missouri
ARNG Boonville Readiness Center Add/alt... 1,800 1,800
Army Fort Leonard Wood Automated-aided Instruction 27,000 27,000
Facility.
Army Fort Leonard Wood Wheeled Vehicle Drivers 17,500 17,500
Course.
Army Fort Leonard Wood Warrior In Transition 19,500 19,500
Complex.

[[Page 123 STAT. 2814]]

Army Fort Leonard Wood Transient Advanced Trainee 99,000 99,000
Barracks, Ph 1.
Army Fort Leonard Wood Health Clinic.............. 7,800
Def-Wide Fort Leonard Wood Dental Clinic Addition..... 5,570 5,570
Air_Guard Rosecrans Memorial Replace Fire/crash rescue 9,300
Airport Station Phase I.
Air Force Whiteman AFB EOD Opns Complex........... 7,400
Air Force Whiteman AFB Land Acquisition North & 5,500
South Bdry.
Montana
Air Force Malmstrom AFB Upgrade Weapons Storage 10,600
Area.
Nebraska
ARNG Lincoln Armed Forces Reserve Center 23,000 23,000
(JFHQ).
Air_Guard Lincoln Map Joint Forces Operations 1,500 1,500
Center--ANG Share.
Air Force Offutt AFB STRATCOM Gate.............. 10,400
Nevada
ARNG Carson City National Guard Energy 2,000
Sustainable Projects.
Air Force Creech AFB UAS AT/FP Security Updates. 2,700 2,700
Navy Naval Air Station Warrior Physical Training 10,670
Fallon Facility.
ARNG North Las Vegas Readiness Center........... 26,000 26,000
Air_Guard Reno, NV NV Air National Guard Fire 10,800
Station Replacement.
New Hampshire
Air_Guard Pease ANGB Replace Squadron Operations 10,000
Facilities.
New Jersey
Air Force McGuire AFB Warfighter & Family Sup 7,900
Cntr.
Air_Guard McGuire AFB 108th Air Refuel Wng, Base 9,700
Civil Eng Complex.
Army Picatinny Arsenal Ballistic Eval Facility, Ph 10,200
2.
Air Force Cannon AFB WB--Consolidated 15,000 15,000
Communication Fac.
New Mexico
Def-Wide Cannon AFB SOF Fuel Cell Hanger (MC- 41,269 41,269
130).
Def-Wide Cannon AFB SOF AMU Addition (CV-22)... 11,595 11,595
Def-Wide Cannon AFB SOF Ac-130 Load Out Apron 6,000
Ph1.
Air Force Holloman AFB F-22a Consolidated 5,500 5,500
Munitions Maint (TFI).
Air Force Holloman AFB Fire-crash Rescue Station.. 10,400
Air Force Holloman AFB UAS Field Training Complex. 37,500
Air Force Kirtland AFB Add To Space RDT&E Opns 5,800
Cntr.
Air Force Kirtland AFB MC-130J Simulator Facility. 8,000 8,000
Air Force Kirtland AFB HC-130J Simulator Facility. 8,700 8,700
ARNG Santa Fe Army Aviation Support 39,000 39,000
Facility.
New York
Army Fort Drum All Wx Marksmanship 8,200
Facility.
Army Fort Drum Water System Expansion..... 6,500 6,500
Army Fort Drum Barracks................... 57,000 57,000
Army Fort Drum Warrior In Transition 21,000 21,000
Complex.
AF Reserve Niagra Falls ARB Indoor Small Arms Range.... 5,700
USAR Rochester Army Reserve Center/land... 13,600 13,600
Air_Guard Wheeler Sack AAF TFI-reaper LRE Beddown..... 2,700
North Carolina
Def-Wide Camp Lejeune SOF Academic Instruction 11,791 11,791
Facility Expansion.
Navy Camp Lejeune Maintenance/OPS Complex.... 52,390 52,390
Navy Camp Lejeune BEQ--Wallace Creek......... 34,160 34,160
Navy Camp Lejeune Utility Expansion-- 56,280 56,280
Courthouse Bay.
Navy Camp Lejeune SOI-east Facilities--Camp 56,940 56,940
Geiger.
Navy Camp Lejeune Field Training fac.--Devil 37,170 37,170
Dog - SOI.
Navy Camp Lejeune Road Network--Wallace creek 15,130 15,130
Navy Camp Lejeune MP Working Dog Kennel-- 8,370 8,370
relocation.
Navy Camp Lejeune Consolidated Info tech/ 46,120 46,120
telecom Complex.
Navy Camp Lejeune New Base Entry Point and 79,150 79,150
Road (phase 1).

[[Page 123 STAT. 2815]]

Navy Camp Lejeune BEQ--Wallace Creek......... 43,480 43,480
Navy Camp Lejeune BEQ--Wallace Creek......... 44,390 44,390
Navy Camp Lejeune BEQ--Wallace Creek......... 44,390 44,390
Navy Camp Lejeune BEQ--Wallace Creek......... 42,110 42,110
Navy Camp Lejeune Pre-trial Detainee Facility 18,580 18,580
Navy Camp Lejeune Physical Fitness Center.... 39,760 39,760
Navy Camp Lejeune 4th Infantry Battalion Ops 55,150 55,150
Complex.
Navy Cherry Point MCAS Ordnance Magazines......... 12,360 12,360
Navy Cherry Point MCAS EMS/fire Vehicle Facility.. 10,600 10,600
ARNG East Flat Rock Readiness Center Add/alt... 2,516
Army Fort Bragg Vehicle Maintenance Shop... 19,500 19,500
Army Fort Bragg Simulations Center......... 50,000 50,000
Army Fort Bragg Vehicle Maintenance Shop... 17,500 17,500
Army Fort Bragg Company Operations Facility 3,300 3,300
Army Fort Bragg Transient Training Barracks 16,500 16,500
Complex.
Army Fort Bragg Automated Sniper Field Fire 3,450
Range.
Army Fort Bragg Automated Multipurpose 4,350 4,350
Machine Gun.
ARNG Fort Bragg TUAS Support Facility...... 6,038
Def-Wide Fort Bragg Albritton JHS Addition..... 3,439 3,439
Def-Wide Fort Bragg Special Ops Prep & 24,600 24,600
Conditioning Course.
Def-Wide Fort Bragg SOF Battalion & Company HQ. 15,500 15,500
Def-Wide Fort Bragg SOF Operations Support 13,756 13,756
Addition.
Def-Wide Fort Bragg SOF Military Working Dog 1,125 1,125
Facility.
Def-Wide Fort Bragg SOF Battalion Headquarters 13,000 13,000
Facility.
Def-Wide Fort Bragg SOF Operations Addition 27,513 27,513
North.
Def-Wide Fort Bragg SOF TUAV Hanger............ 2,948 2,948
Def-Wide Fort Bragg SOF Military Working Dog 3,046 3,046
Facility.
Def-Wide Fort Bragg Consolidated Health Clinic. 26,386 26,386
Def-Wide Fort Bragg Health Clinic.............. 31,272 31,272
Navy New River Apron Expansion (phase 2).. 35,600 35,600
Navy New River VMMT-204 Maintenance 28,210 28,210
Hanger--phase 3.
Navy New River Parallel Taxiway........... 17,870 17,870
Navy New River Tactical Support Van Pad 5,490 5,490
Addition.
Navy New River Gymnasium/outdoor Pool..... 19,920 19,920
Air Force Pope AFB Pope AFB Air Traffic 9,000
Control Tower.
Air Force Seymour Johnson AFB Radar Approach Control 6,900
Complex, Ph1.
Army Sunny Point Mot Towers..................... 3,900 3,900
Army Sunny Point Mot Lightning Protection System 25,000 25,000
North Dakota
Air Force Grand Forks AFB Consolidated Security 12,000
Forces Facility.
Air Force Minot AFB Munitions Trailer Storage 1,500 1,500
Facility.
Air Force Minot AFB Missile Procedures Trng 10,000 10,000
Operations.
Ohio
USAR Cincinnati Army Reserve Center/land... 13,000 13,000
Air_Guard Mansfield Lahm Airport TFI--Red Horse Squadron 11,400 11,400
Beddown.
Air Force Wright-Patterson AFB Info Tech Complex Ph 1..... 27,000 27,000
Air Force Wright-Patterson AFB Conversion For Advanced 21,000 21,000
Power Research Lab.
Air Force Wright-Patterson AFB Replace West Ramp, phase I. 10,600
Oklahoma
Air Force Altus AFB Repair Taxiways............ 20,300 20,300
Def-Wide Altus AFB Replace Upload Facility.... 2,700 2,700
Army Fort Sill Automated Infantry Squad 3,500 3,500
Battle Course.
Army Fort Sill Barracks................... 65,000 65,000
Army Fort Sill Warrior In Transition 22,000 22,000
Complex.
Def-Wide Fort Sill Dental Clinic.............. 10,554 10,554
Army McAlester High Explosive Magazine, 1,300 1,300
Depot Level.
Army McAlester General Purpose Storage 11,200 11,200
Building.
Air Force Tinker AFB T-9 Noise Suppressor....... 5,200
Air Force Tinker AFB Building 3001 Hanger Door.. 13,037 13,037

[[Page 123 STAT. 2816]]

Air Force Vance AFB Control Tower.............. 10,700
Air_Guard Will Rogers World TFI--Air Supt Opers Sqdn 7,300 7,300
Airport (ASOS) Beddn.
Oregon
ARNG Clatsop County, Camp Rilea Infrastructure 3,369
Warrenton (Water Supply System).
ARNG Polk County Readiness Center........... 12,100
Pennsylvania
USAR Ashley Army Reserve Center........ 9,800 9,800
FH Con DW Def Distro Depot Def Distribution Depot New 2,859 2,859
Cumberland.
USAR Harrisburg Army Reserve Center........ 7,600 7,600
USAR Newton Square Army Reserve Center/land... 20,000 20,000
AF Reserve Pittsburgh AFR Base Visiting Quarters Phase 1.. 12,400
USAR Uniontown Army Reserve Center/land... 11,800 11,800
Rhode Island
Navy Newport Officer Training Command 45,803 45,803
Quarters.
Navy Newport Renovate of Senior Enlisted 10,550
Academy.
Navy Newport Renovate Perry Hall........ 8,530
South Carolina
Navy Beaufort Widebody Aircraft Fuel Lane 1,280 1,280
Milcon, Naval Res Charleston Reserve Vehicle Maintenance 4,240 4,240
Facility.
Army Charleston NWS Staging Area............... 4,100 4,100
Army Charleston NWS Railroad Tracks............ 12,000 12,000
Army Charleston NWS Pier and Loading/Unloading 5,700 5,700
Ramps.
ARNG Eastover Army Aviation Support 26,000 26,000
Facility Add/Alt.
Army Fort Jackson Advanced Skills Trainee 32,000 32,000
Barracks.
Army Fort Jackson Modified Record Fire Range. 3,600 3,600
Army Fort Jackson Training Battalion Complex. 66,000 66,000
Army Fort Jackson Infiltration Course........ 1,900 1,900
ARNG Greenville Army Aviation Support 40,000 40,000
Facility.
Air_Guard McEntire JNGB Joint Force headquarters 1,300
Building.
Navy Parris Island Electrical SubStation and 6,972 6,972
Improvements.
Air Force Shaw AFB Add/Alter USAFCENT HQ...... 21,183
South Dakota
ARNG Camp Rapid Joint Force HQ Readiness 7,890
Center Supplement.
ARNG Camp Rapid Troop Medical Clinic 1,950
Addition and Alteration.
Air Force Ellsworth AFB Add/Alter Deployment Center 14,500
Air_Guard Joe Foss Field Add and Alter Munitions 1,300
Maintenance Complex.
Air_Guard Joe Foss Field Above Ground Multi-cubicle 1,300
Magazine Storage.
Tennessee
Air_Guard 164 AirLift Wing, Mem 164th AirLift Wing ANG Eng 9,800
Maint Trng Fac.
Texas
ARNG Austin Armed Forces Reserve Center 16,500 16,500
ARNG Austin Field Maintenance Shop, 5,700 5,700
joint.
USAR Austin Armed Forces Reserve Center/ 20,000 20,000
AMSA.
USAR Bryan Army Reserve Center........ 12,200
Navy Corpus Christi Operational Facilities for 19,764 19,764
T-6.
Air Force Dyess AFB C-130J Alter Hanger........ 4,500 4,500
Army Fort Bliss Vehicle Maintenance Shop... 16,000 16,000
Army Fort Bliss Brigade Staging Area 14,800 14,800
Complex.
Army Fort Bliss Digital Multipurpose Range 45,000 45,000
Complex.
Army Fort Bliss Fire and Military Police 16,500 16,500
Stations.
Army Fort Bliss Aircraft Fuel Storage...... 10,800 10,800
Army Fort Bliss Vehicle Maintenance Shop... 20,000 20,000
Army Fort Bliss Automated Sniper Field Fire 4,250 4,250
Range.
Army Fort Bliss Known Distance Range....... 4,750 4,750
Army Fort Bliss Automated Multipurpose 6,900 6,900
Machine Gun Range.
Army Fort Bliss Scout/recce Gunnery Complex 17,000 17,000
Army Fort Bliss Light Demolition Range..... 2,400 2,400

[[Page 123 STAT. 2817]]

Army Fort Bliss Automated Infantry Platoon 7,000 7,000
Battle Course.
Army Fort Bliss Simulation Center.......... 23,000 23,000
Army Fort Bliss Vehicle Maintenance & 31,000 31,000
Company Ops Fac.
Def-Wide Fort Bliss Health and Dental Clinic... 30,295 24,600
Def-Wide Fort Bliss Hospital Replacement Inc1.. 86,975 86,975
USAR Fort Bliss Army Reserve Center........ 9,500 9,500
Army Fort Hood Vehicle Maintenance Shop... 23,000 23,000
Army Fort Hood Urban Assault Course....... 2,400 2,400
Army Fort Hood Automated Multipurpose 6,700 6,700
Machine Gun Range.
Army Fort Hood Family Life Center......... 10,800
Def-Wide Fort Hood Alter Fuel Pump House and 3,000 3,000
Fill Stand.
Army Fort Sam Houston Access Control Point and 10,800 10,800
Road Improvements.
Army Fort Sam Houston General Instruction 9,000 9,000
building.
Milcon, Naval Res Fort Worth NAS/JRB Replace Joint Base Comms... 6,170
Air Force Goodfellow AFB Joint Intel Tech Trng fac, 18,400 18,400
Ph 1 (tfi).
Air Force Goodfellow AFB Student Dormitory (100 rm). 14,000 14,000
Air Force Goodfellow AFB Consolidated Learning 12,000
Center.
USAR Houston Army Reserve Center/land... 24,000 24,000
Air_Guard Kelly Field Annex Add/Alter Aircraft Maint 7,900
Shops.
Navy Kingsville NAS Solar Panel Array.......... 4,470
AF Reserve Lackland AFB C-5 Ground Training 1,500 1,500
Schoolhouse Addition.
Air Force Lackland AFB Evasion, Conduct After 4,879 4,879
Capture Trng.
Air Force Lackland AFB Recruit Dormitory 2, phase 77,000 77,000
2.
Air Force Lackland AFB Bmt Satellite Classroom/ 32,000 32,000
dining Fac.
Def-Wide Lackland AFB Dental Clinic replacement.. 29,318 29,318
Def-Wide Lackland AFB Ambulatory Care Center, 72,610 72,610
phase 1.
USAR Robstown Tactical Equip Maint 10,200
Facility.
Milcon, Naval Res San Antonio Reserve Training Center.... 2,210 2,210
USAR San Antonio Army Reserve Center........ 20,000 20,000
Air Force Sheppard Air Force ENJJPT Operations Complex, 13,450
Base Phase 1.
Utah
Def-Wide Camp Williams IC CNCI Data Center (Incr. 800,000 600,000
2).
Army Dugway Proving Ground Water Treatment Systems.... 25,000 25,000
AF Reserve Hill AFB Reserve Squad Ops/AMU 3,200 3,200
Facility.
Air Force Hill AFB F-22A Radar Cross Section 21,053 21,053
Testing Fac.
Air Force Hill AFB PCC Apron Northwest End 5,100
Taxiway.
Vermont
Air_Guard Burlington IAP Fire Crash and Rescue 6,000
Station Addition and
Alteration.
ARNG Ethan Allen Firing BOQ Additions and 1,996
Range Improvements.
Virginia
Def-Wide Dahlgren Aegis BMD Facility 24,500 24,500
Expansion.
Navy Dahlgren Electromagnetic Research 3,660
and Engineering Facility.
Def-Wide Dam Neck SOF Operations Facility inc 15,967 15,967
III.
Navy Dam Neck SOF Cafeteria.............. 14,170
Army Fort A.P. Hill Automated Infantry Platoon 4,900 4,900
Battle Course.
Army Fort A.P. Hill Field Training Area........ 9,000 9,000
Army Fort A.P. Hill Training Aids Center....... 9,100 9,100
Army Fort Belvoir Flight Control Tower....... 8,400 8,400
Army Fort Belvoir Road and Access Control 9,500 9,500
Point.
Army Fort Belvoir Road and Infrastructure 20,000
Improvements.
Army Fort Lee Defense Access Roads....... 5,000
ARNG Fort Pickett Regional Training Institute 32,000 32,000
Ph2.
Army Ft. Eustis Upgrade Marshalling Area... 8,900
Air Force Langley AFB West & Lasalle Gates Force 10,000 10,000
Protection/access.

[[Page 123 STAT. 2818]]

Def-Wide Little Creek SOF Support Activity 18,669 18,669
Operation Facility.
Navy Little Creek Naval Construction Division 13,095 13,095
Operations Fac.
Navy Norfolk E-2D Trainer Facility...... 11,737 11,737
Navy Norfolk Facility Upgrades For E-2D 6,402 6,402
Program.
Milcon, Naval Res Oceana Naval Air C-40 Hanger................ 30,400 30,400
Station
Def-Wide Pentagon Pentagon Electrical Upgrade 19,272 19,272
Def-Wide Pentagon Secondary Uninterruptible 8,400 8,400
Power Raven Rock.
Navy Portsmouth Ship Repair Pier 226,969 126,969
replacement (Incr. 1).
Navy Quantico Student Quarters--TBS 32,060 32,060
(phase 4).
Navy Quantico Battalion Training 10,340 10,340
Facility--MSGBN.
Navy Quantico MC Information Operations 29,620 29,620
Center--MCIOC.
Navy Quantico Aircraft Trainer........... 3,170 3,170
Navy Quantico Dining Facility - TBS...... 14,780 14,780
Navy Quantico South Mainside Electrical 15,270 15,270
SubStation.
Washington
Navy Bangor Limited Area Production/ 87,292 87,292
strg Cmplx (inc 6).
Navy Bremerton Enclave Fencing/ parking, 67,419 67,419
Silverdale WA.
Navy Bremerton CVN Maintenance Pier 69,064 69,064
replacement (inc 2).
Navy Everett NS Small Craft Launch......... 3,810
Air Force Fairchild AFB SERE Force Support Complex, 11,000
Phase I.
Air Force Fairchild AFB TFI Refuel Veh Maint 4,150
Facility.
Def-Wide Fairchild AFB Replace Fuel Distribution 7,500 7,500
System.
Army Fort Lewis Live Fire Exercise 2,550 2,550
Shoothouse.
Army Fort Lewis Animal Building............ 3,050 3,050
Army Fort Lewis Brigade Complex, Inc 4..... 102,000 102,000
Army Fort Lewis Modified Record Fire Range. 4,100 4,100
Army Fort Lewis Ft Lewis-Mcchord AFB Joint 9,000
Access.
Def-Wide Fort Lewis SOF Support Company 14,500 14,500
Facility.
Def-Wide Fort Lewis Health and Dental Clinic... 15,636 15,636
Navy Indian Island NM Ord Storage Pads W/2 Covers 13,130
Navy Spokane Jnt Pers Recovery agency 12,707 12,707
Specialized SERE Tra.
West Virginia
Air_Guard Martinsburg C-5 Taxiway Upgrades....... 19,500
Navy Navy, Sugar Grove Emergency Services Center.. 10,990
ARNG St. Albans Armory Readiness Center Additions. 2,000
Wisconsin
USAR Fort McCoy Combined Arms Collective 25,000 25,000
Training Facility.
USAR Fort McCoy Range Utility Upgrade...... 3,850
Air_Guard General Mitchell IAP Upgrade Corrosion Control 5,000
Hanger.
Wyoming
Air_Guard Cheyenne Airport Squadron Operations........ 1,500
Air Force F. E. Warren AFB ADAL Missile Service 9,100 9,100
Complex.
Zu
Air Force Unspecified Worldwide Recission Pl 110-417 UAS -22,000
Maint Complex.
Air Force Unspecified Worldwide Recission Pl 110-417 UAS -15,500
Ops Complex.
BRAC 05 Unspecified Worldwide Base Realignment and 7,479,498 7,455,498
Closure 2005.
BRAC IV Unspecified Worldwide Base Realignment and 396,768 496,768
Closure IV.
Army Various Locations Brigade Combat Team -166,000
Stationing.
Army Various Locations Trainee Troop Housing...... 350,000
Afghanistan
Air Force Bagram Air Base Passenger Terminal......... 22,000 22,000
Army Bagram Air Base Fuel System Ph 6........... 12,000 12,000
Army Bagram Air Base Fuel System Ph 7........... 5,000 5,000
Army Bagram Air Base Coalition Operation Center. 49,000 49,000

[[Page 123 STAT. 2819]]

Army Bagram Air Base APS Compound............... 38,000
Army Bagram Air Base Aviation Support Facility.. 2,600 2,600
Army Bagram Air Base Barracks................... 18,500 18,500
Army Bagram Air Base Command and Control 38,000
Facility.
Army Bagram Air Base Perimeter Fence and Guard 7,000
Towers.
Bahrain
Navy SW Asia Waterfront Development 41,526 41,526
phase 2.
Belgium
Def-Wide Brussels Replace Elementary School 38,124 38,124
(shape).
Army Mons NATO SOF Operational 20,000
Support.
Def-Wide Brussels NATO Headquarters.......... 41,400
Colombia
Air Force Palanquero Ab Palanquero AB Development.. 46,000 46,000
Czech Republic
Def-Wide Various Locations Recission Pl 110-417 Emcr -108,560
Site.
Djibouti
Navy Camp Lemonier Interior Paved Roads Phase 7,275 7,275
A.
Navy Camp Lemonier Ammo Supply Point.......... 21,689 21,689
Navy Camp Lemonier Security Fencing I......... 8,109 8,109
Navy Camp Lemonier Fire Station............... 4,772 4,772
Germany
Army Ansbach Barracks................... 17,500 17,500
Army Ansbach Barracks................... 14,200 14,200
FH Con Army Baumholder Family Housing Replacement 18,000 18,000
Constru(138 Units).
Def-Wide Boeblingen New Elementary School...... 50,000
Def-Wide Kaiserlautern AB Kaiserslautern Complex- 19,380 19,380
phase 1.
Def-Wide Kaiserlautern AB Kaiserslautern HS Replace 74,165 74,165
School.
Army Kleber Kaserne Barracks................... 20,000 20,000
Army Landstuhl Warrior In Transition (WT) 25,000
Complex.
Air Force Ramstein AB Construct Age Maint Complex 11,500 11,500
Air Force Ramstein AB Contingency Response Group 23,200 23,200
Command.
Air Force Spangdahlem AB Fitness Ctr................ 23,500 23,500
Def-Wide Weisbaden Wiesbaden HS New Cafeteria 5,379 5,379
and Kitchen.
FH Con Army Weisbaden Family Housing replacement 10,000 10,000
Const Inc 2.
FH Con Army Weisbaden Family Housing replacement 11,000 11,000
Const Inc 2.
FH Con Army Weisbaden Family Housing replacement 11,000 11,000
Const Inc 2.
Greece
Def-Wide Souda Bay Fuel Storage Tanks & 24,000 24,000
Pipeline Rpl.
Guam
Def-Wide Agana Naval Air Replace Gas Cylander 4,900 4,900
Station Storage Facility.
Air Force Andersen AFB Postal Service Center...... 3,500
Air Force Andersen AFB Strike Fol Electrical 33,750 33,750
Infrastructure.
Air Force Andersen AFB NW Field ATFP Perimeter 4,752 4,752
Fence and Road.
Air Force Andersen AFB Commando Warrior Operations 4,200 4,200
Fac.
Air Force Andersen AFB NW Field Combat Spt Vehicle 15,500 15,500
Maint Fac.
ARNG Barrigada Readiness Center........... 30,000 30,000
Def-Wide Guam Hospital Replacement incr I 259,156 259,156
FH Con Navy Guam Replace Guam N. Tipalao ph 20,730 20,730
III.
Navy Guam Consolidated Slc Training & 45,309 45,309
CSS-15 HQ Fac.
Navy Guam Military Working Dog 27,070 14,000
Relocation, Apra Harbor.
Navy Guam Defense Access Road 48,860 48,860
improvements.
Navy Guam AAFB North Ramp Utilities 21,500 21,500
Incr 1.
Navy Guam AAFB North Ramp Parking 88,797 88,797
incr 1.
Navy Guam Apra Harbor Wharves Imp. 167,033 127,033
Incr 1.
Navy Guam Torpedo Exercise Support 15,627 15,627
Building.
Def-Wide Various Locations Unspecified Various
locations.
Guantanamo
Def-Wide Guantanamo Bay Replace Fuel Storage Tanks 12,500 12,500
Italy
Air Force Sigonella Global Hawk Aircraft Maint 31,300 31,300
and Ops Complex.

[[Page 123 STAT. 2820]]

Army Vicenza Bde Complex--Operations spt 23,500 23,500
Fac, Incr 3.
Army Vicenza Bde Complex--Barracks/ 22,500 22,500
community, Incr 3.
Japan
Army Okinawa Training Aids Center....... 6,000 6,000
Army Sagamihara Training Aids Center....... 6,000 6,000
Korea
Army Camp Humphreys Vehicle Maintenance Shop... 19,000 19,000
Army Camp Humphreys Vehicle Maintenance Shop... 18,000 18,000
Army Camp Humphreys Fire Stations.............. 13,200 13,200
Def-Wide K-16 Airfield Convert Warehouses......... 5,050 5,050
Def-Wide Osan AB Replace Hydrant Fuel System 28,000 28,000
FH Con Navy Pusan Constr Chinhae Welcome Ctr/ 4,376 4,376
warehouse.
Kuwait
Army Camp Arifjan APS Warehouses............. 82,000 82,000
Air Force Al Musannah AB War Reserve Material 47,000
Compound.
Air Force Al Musannah AB AirLift Ramp and Fuel 69,000
Facilities.
Poland
Def-Wide Various Locations Recission Pl 110-417 -42,600
European Interceptor Site.
Puerto Rico
USAR Caguas Army Reserve Center/land... 12,400 12,400
Qatar
Air Force Al Udeid, Qatar Blatchford-preston Complex 60,000 60,000
Ph Ii.
Spain
Navy Rota Reception Airfield 26,278 26,278
Facilities
Turkey
Air Force Incirlik Ab Construct Consolidated 9,200 9,200
Community Ctr.
United Kingdom
Def-Wide Menwith Hill Station MHS PSC Construction....... 37,588 37,588
Def-Wide Raf Mildenhall Connect Fuel Tank 4,700 4,700
Distribution Pipe Ln.
Def-Wide Royal Air Force Medical/dental Clinic 14,227 14,227
Alconbury replacement.
Def-Wide Royal Air Force Liberty IS--Gymnasium...... 4,509 4,509
Lakenheath
Virgin Islands
ARNG St. Croix Regional Training Institute 20,000 20,000
Ph1.
Zc
Air Force Classified Location Classified Planning & 3,000 3,000
Design.
Zu
NSIP NATO Security Invest NATO Security Investment 276,314 197,414
Prgm Program.
AF Reserve Unspecified Worldwide Planning and Design........ 1,976 3,869
AF Reserve Unspecified Worldwide Minor Construction......... 800 800
Air Force Unspecified Worldwide Unspecified minor 18,000 20,000
construction.
Air Force Unspecified Worldwide Planning & design.......... 79,363 100,562
Air_Guard Unspecified Worldwide Minor Construction......... 9,000 17,005
Air_Guard Unspecified Worldwide Planning & design.......... 10,061 13,021
Army Unspecified Worldwide Minor Construction FY 10... 23,000 25,000
Army Unspecified Worldwide Planning & design FY 10.... 153,029 175,519
Army Unspecified Worldwide Host Nation Support FY 10.. 25,000 25,000
ARNG Unspecified Worldwide Unspecified Minor 10,300 29,682
construction.
ARNG Unspecified Worldwide Planning and Design........ 23,981 47,429
Def-Wide Unspecified Worldwide ............................

[[Page 123 STAT. 2821]]

Def-Wide Unspecified Worldwide Unspecified Minor 6,800 6,800
construction.
Def-Wide Unspecified Worldwide Planning and Design........ 8,855 8,855
Def-Wide Unspecified Worldwide Unspecified Minor 4,100 4,100
construction.
Def-Wide Unspecified Worldwide Minor Construction......... 3,717 3,717
Def-Wide Unspecified Worldwide Planning and Design........ 2,000 2,000
Def-Wide Unspecified Worldwide Planning and Design........ 10,534 10,534
Def-Wide Unspecified Worldwide Unspecified Minor 6,022 6,022
construction.
Def-Wide Unspecified Worldwide Planning and Design........ 4,425 4,425
Def-Wide Unspecified Worldwide JEP Exercise Related 7,861 7,861
construction.
Def-Wide Unspecified Worldwide Minor Construction......... 4,525 4,525
Def-Wide Unspecified Worldwide Planning and Design........ 72,974 72,974
Def-Wide Unspecified Worldwide Energy Conservation 90,000 123,013
Improvement Program.
Def-Wide Unspecified Worldwide Contingency construction... 10,000 10,000
Def-Wide Unspecified Worldwide Unspecified Minor 3,000
construction.
Def-Wide Unspecified Worldwide Planning and Design........ 35,579 19,079
Def-Wide Unspecified Worldwide Planning and Design........ 3,575 3,575
FH Con AF Unspecified Worldwide Construction improvements.. 61,737 61,737
FH Con AF Unspecified Worldwide Classified Project......... 50 50
FH Con AF Unspecified Worldwide Planning and Design........ 4,314 4,314
FH Con Army Unspecified Worldwide Construction improvements 219,300 219,300
(2428 Units).
FH Con Army Unspecified Worldwide Family Housing P&D......... 3,936 3,936
FH Con Navy Unspecified Worldwide Improvements............... 118,692 118,692
FH Con Navy Unspecified Worldwide Design..................... 2,771 2,771
FH Ops AF Unspecified Worldwide Utilities Account.......... 81,686 81,686
FH Ops AF Unspecified Worldwide Management Account......... 1,557 1,557
FH Ops AF Unspecified Worldwide Management Account......... 51,334 51,334
FH Ops AF Unspecified Worldwide Services Account........... 20,183 20,183
FH Ops AF Unspecified Worldwide Furnishings Account........ 39,182 39,182
FH Ops AF Unspecified Worldwide Miscellaneous Account...... 1,543 1,543
FH Ops AF Unspecified Worldwide Leasing Account............ 548 548
FH Ops AF Unspecified Worldwide Leasing.................... 102,858 102,858
FH Ops AF Unspecified Worldwide Maintenance Account........ 1,911 1,911
FH Ops AF Unspecified Worldwide Maintenance (RPMA & RPMC).. 148,318 148,318

[[Page 123 STAT. 2822]]

FH Ops AF Unspecified Worldwide Housing Privatization...... 53,816 53,816
FH Ops Army Unspecified Worldwide Utilities Account.......... 81,650 81,650
FH Ops Army Unspecified Worldwide Operations................. 87,263 87,263
FH Ops Army Unspecified Worldwide Miscellaneous Account...... 1,177 1,177
FH Ops Army Unspecified Worldwide Leasing.................... 205,685 205,685
FH Ops Army Unspecified Worldwide Maintenance of Real 115,854 115,854
Property.
FH Ops Army Unspecified Worldwide Privatization Support Costs 31,789 31,789
FH Ops DW Unspecified Worldwide Furnishings Account........ 4,426 4,426
FH Ops DW Unspecified Worldwide Leasing.................... 33,579 33,579
FH Ops DW Unspecified Worldwide Utilities Account.......... 274 274
FH Ops DW Unspecified Worldwide Furnishings Account........ 19 19
FH Ops DW Unspecified Worldwide Services Account........... 29 29
FH Ops DW Unspecified Worldwide Management Account......... 309 309
FH Ops DW Unspecified Worldwide Maintenance 0f Real 366 366
Property.
FH Ops DW Unspecified Worldwide Recission (Public Law 110-
5).
FH Ops DW Unspecified Worldwide Operations................. 35 35
FH Ops DW Unspecified Worldwide Leasing.................... 10,108 10,108
FH Ops DW Unspecified Worldwide Maintenance of Real 69 69
Property.
FH Ops Navy Unspecified Worldwide Utilities Account.......... 53,956 53,956
FH Ops Navy Unspecified Worldwide Furnishings Account........ 14,624 14,624
FH Ops Navy Unspecified Worldwide Management Account......... 60,278 60,278
FH Ops Navy Unspecified Worldwide Miscellaneous Account...... 457 457
FH Ops Navy Unspecified Worldwide Services Account........... 16,462 16,462
FH Ops Navy Unspecified Worldwide Leasing.................... 101,432 101,432
FH Ops Navy Unspecified Worldwide Maintenance of Real 94,184 94,184
Property.
FH Ops Navy Unspecified Worldwide Privatization Support Costs 27,147 27,147
FHIF Unspecified Worldwide Family Housing improvement 2,600 2,600
Fund.
HOAP Unspecified Worldwide Homeowners Assistance 23,225 300,000
program.
Milcon, Naval Res Unspecified Worldwide Planning and Design........ 2,371 2,951
Navy Unspecified Worldwide Unspecified minor 12,483 12,483
construction.
Navy Unspecified Worldwide Planning and Design........ 166,896 179,652
USAR Unspecified Worldwide Unspecified minor 3,600 3,600
construction.
USAR Unspecified Worldwide Planning and Design........ 22,262 22,716

[[Page 123 STAT. 2823]]

AF Reserve Unspecified Worldwide Programmatic Plus Up....... 55,000
Air_Guard Unspecified Worldwide Programmatic Plus Up....... 30,000
ARNG Unspecified Worldwide Programmatic Plus Up....... 30,000
Milcon, Naval Res Unspecified Worldwide Programmatic Plus Up....... 55,000
USAR Unspecified Worldwide Programmatic Plus Up....... 30,000
......................... Total FY2010 Authorizations. 22,946,036 23,879,856
.........................
......................... Prior Year Savings......... -175,800
......................... General Reduction.......... -529,091
.........................
......................... Grand Total................. 22,946,036 23,174,965
----------------------------------------------------------------------------------------------------------------

SEC. 4502. 2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT
LISTING.

----------------------------------------------------------------------------------------------------------------
2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Conference
Account State and Location Project Title Project Authorization
Authorization
----------------------------------------------------------------------------------------------------------------
AL
Army Anniston (Pelham Range) Armed Forces Reserve 8,000 8,000
Center.
Army Birmingham Armed Forces Reserve 10,000 10,000
Center.
Army Mobile Armed Forces Reserve 20,430 20,430
Center.
Defense Wide Redstone Arsenal Von Braun Complex........ 0 27,800
Army Tuscaloosa Armed Forces Reserve 18,000 18,000
Center.
AR
Army Camden Armed Forces Reserve 9,800 9,800
Center.
Army El Dorado Armed Forces Reserve 14,000 14,000
Center.
Army Hot Springs Armed Forces Reserve 14,600 14,600
Center.
Army Pine Bluff Armed Forces Reserve 15,500 15,500
Center.
AZ
Army Marana Armed Forces Reserve 31,000 31,000
Center.
CA
Navy Barstow Industrial Machine Shop 14,131 14,130
Facility.
Navy China Lake Shipboard Shock Test 3,160 3,160
Facility.
Navy China Lake Weapons Dynamics RDT&E 5,970 5,970
Center.
CT
Army Middletown Armed Forces Reserve 37,000 37,000
Center, Incr 2.
DC
Navy Washington Navy Systems Management 71,929 71,929
Activity Relocation
(INCR II of II).
Navy Washington Renovate 3rd Floor 750 750
Building 176, Washington
Navy Yard.
FL
Army Eglin AFB Special Forces Complex, 8,000 8,000
Incr 2.
Air Force Eglin AFB BRAC F-35 Live Ordnance 6,624 6,624
Load Area (LOLA).
Air Force Eglin AFB CE Facility.............. 2,000 2,000
Air Force Eglin AFB F-35 (JSF) Duke Field 2,280 2,280
Control Tower.
Air Force Eglin AFB Fitness Facility......... 2,750 2,750
Air Force Eglin AFB STOVL Simulated Carrier 27,690 27,690
Practice Landing Deck.
Air Force Eglin AFB School Age Facility...... 2,600 2,600
Air Force Eglin AFB Security Forces Facility. 890 890
Air Force Eglin AFB Taxiway Extension........ 13,000 13,000
Air Force Eglin AFB Traffic Management Cargo 900 900
Processing Facility.
GA
Army Benning AAFES Troop Store........ 1,950 1,950

[[Page 123 STAT. 2824]]

Army Benning Armed Forces Reserve 18,000 18,000
Center.
Army Benning Equipment Concentration 43,000 43,000
Site.
Army Benning General Instruction 58,000 58,000
Complex 2, Incr 2.
Army Benning Maneuver Ctr HQ & CDI 42,000 42,000
Bldg Expansion.
Army Benning Medical Facility, Incr 2. 77,000 77,000
IA
Army Cedar Rapids Armed Forces Reserve 42,000 42,000
Center.
Army Iowa AAP Armed Forces Reserve 27,000 27,000
Center.
Army Muscatine Armed Forces Reserve 8,800 8,800
Center.
IL
Army Rock Island Army Headquarters 20,000 20,000
Building Renovation.
KY
Army Campbell Armed Forces Reserve 5,900 5,900
Center.
Army Campbell Headquarters Building, 14,800 14,800
Group.
Army Knox Armed Forces Reserve 2,300 2,300
Center.
MD
Army Aberdeen PG C4ISR, Phase 2, Incr 2... 156,000 156,000
Defense Wide Bethesda (WRNMMC) Medical Center Addition-- 108,850 108,850
Increment 3.
Defense Wide Bethesda (WRNMMC) Traffic Mitigation 18,400 18,400
Increment 1.
Defense Wide Bethesda (WRNMMC) Site Utility 0 6,500
Infrastructure Upgrade
for NICoE.
Army Detrick Joint Bio-Med RDA 8,300 8,300
Management Center.
Army Forest Glenn Museum................... 12,200 12,200
Defense Wide Fort Meade Construct DISA Building.. 131,662 131,662
Army Fort Meade Defense Media Activity, 17,000 17,000
Incr 2.
ME .........................
Navy Brunswick Marine Corps Reserve 12,960 12,960
Center.
MI .........................
Army Detroit Arsenal Administrative Office 0 21,384
Buildings, Incr 2.
Army Detroit Arsenal Weapons Systems Support 8,300 8,300
and Training.
Army Ft. Custer (Augusta) Armed Forces Reserve 18,500 18,500
Center.
Air Force Selfridge ANGB A10 Arm/Disarm Apron..... 1,350 1,350
Air Force Selfridge ANGB Repair Munitions Admin 3,100 3,100
Building 891.
Air Force Selfridge ANGB Upgrade Munitions 1,650 1,650
Maintenance Shop.
Air Force Selfridge ANGB Upgrade Munitions Missile 2,350 2,350
Maintenance Bays.
MO
Army Kirksville Armed Forces Reserve 6,600 6,600
Center.
MT
Army Great Falls Armed Forces Reserve 7,600 7,600
Center.
NC
Army Bragg Band Training Facility... 4,200 4,200
Army Bragg Headquarters Bldg, 124,000 124,000
FORSCOM/USARC, Incr 3.
Army Wilmington Armed Forces Reserve 17,500 17,500
Center.
ND
Army Fargo Armed Forces Reserve 11,200 11,200
Center.
NE
Army Columbus Armed Forces Reserve 9,300 9,300
Center.
Army McCook Armed Forces Reserve 7,900 7,900
Center.
NJ
Army Camden Armed Forces Reserve 21,000 21,000
Center.
NY
Army West Point US Military Academy Prep 0 98,000
School, Incr 2.
OH
Army Columbus Armed Forces Reserve 0 30,218
Center, Incr 2.
Navy Akron Armed Forces Reserve 13,840 13,840
Center.
OK
Army Sill Joint Fires & Effects 28,000 28,000
Simulator Building.
Air Force Will Rogers World APT AGS Relocate Global Air 1,200 1,200
Traffic Operation
Program Office.
PA

[[Page 123 STAT. 2825]]

Army Allentown Armed Forces Reserve 15,000 15,000
Center.
Army Tobyhanna Electronics Maintenance 3,200 3,200
Shop, Depot Level.
Air Force Willow Grove ARS, NAS Willow Establish Enclave........ 4,000 4,000
Grove JRB
RI
Army Bristol Armed Forces Reserve 17,500 17,500
Center.
SC
Navy Charleston SPAWAR Data Center....... 9,670 9,670
Navy Goose Creek Consolidated Brig 9,790 9,790
Addition.
Army Shaw AFB Headquarters Building, 55,000 55,000
Third US Army, Incr 2.
TN
Army Chattanooga Armed Forces Reserve 8,900 8,900
Center.
TX
Army Bliss Brigade Combat Team 110,000 110,000
Complex #3, Incr 3.
Army Bliss Combat Aviation Brigade 94,000 94,000
Complex, Incr 3.
Army Bliss Hospital Add/Alt, WBAMC.. 24,000 0
Army Bliss Hospital Replacement..... 89,000 89,000
Army Bliss Tactical Equipment 104,000 104,000
Maintenance Facility 2.
Army Brownsville Armed Forces Reserve 15,000 15,000
Center.
Army Huntsville Armed Forces Reserve 16,000 16,000
Center.
Army Kingsville Armed Forces Reserve 17,500 17,500
Center.
Air Force Lackland AFB Joint Base San Antonio 8,500 8,500
Headquarters Facility.
Army Lufkin Armed Forces Reserve 15,500 15,500
Center.
Air Force Randolph AFB Renovate Building 38..... 2,050 2,050
Army Red River Armed Forces Reserve 14,200 14,200
Center.
Defense Wide Fort Sam Houston San Antonio Military 0 163,750
Medical Center (North)
Incr 3.
Army Sam Houston Add/Alt Building 2270.... 18,000 18,000
Army Sam Houston Housing, Enlisted 10,800 10,800
Permanent Party.
Army Sam Houston IMCOM Campus Area 11,000 11,000
Infrastructure.
Army Sam Houston Headquarters Bldg, IMCOM. 48,000 48,000
VA
Army Belvoir Infrastructure Support, 13,000 13,000
Incr 3.
Army Belvoir Infrastructure Support, 39,400 39,400
Incr 3.
Army Belvoir NARMC HQ Building........ 17,500 17,500
Defense Wide Fort Belvoir NGA Headquarters Facility 0 168,749
Defense Wide Fort Belvoir Hospital Replacement-- 140,750 140,750
Increment 4.
Defense Wide Fort Belvoir Dental Clinic............ 12,600 12,600
Defense Wide Fort Belvoir Office Complex Increment 360,533
3.
Army Eustis Bldg 705 Renv (AAA & 902d 1,600 1,600
MI).
Army Eustis Headquarters Bldg, IMCOM 5,700 5,700
Eastern Region.
Army Eustis Headquarters Building, 34,300 34,300
TRADOC, Incr 2.
Army Eustis Joint Task Force--Civil 19,000 19,000
Support.
Army Eustis Renovation for ACA and 4,800 4,800
NETCOM.
Army Lee AAFES Troop Store........ 1,850 1,850
Army Lee Administrative Building 28,000 28,000
(DCMA).
Army Lee Combat Service Support 0 30,000
School, Ph 1, Incr 4.
Army Lee Combat Service Support 137,000 137,000
School, Ph 2, Incr 3.
Army Lee Combat Service Support 145,000 145,000
School, Ph 3, Incr 2.
Army Lee Consolidated Troop Med/ 20,000 20,000
Dntl Clinic.
Army Lee HQs, Transportation 1,200 1,200
Management Detachment.
Army Lee USMC Training Facilities. 25,000 25,000
Navy Arlington Crystal Park 5 to 33,660 33,660
Arlington Service Center.
Navy Chesapeake Joint Regional 0 47,560
Correctional Facility
(INCR II of II).
Navy Norfolk Building 1558 Renovations 2,510 2,510
for SPAWAR.
WV
Army Elkins Armed Forces Reserve 22,000 22,000
Center.

[[Page 123 STAT. 2826]]

Army Fairmont Armed Forces Reserve 21,000 21,000
Center.
Army Spencer-Ripley Armed Forces Reserve 19,540 19,540
Center.
WW
Army Various Planning and Design...... 26,100 26,100
Army Various Environmental............ 147,693 147,693
Navy Various Environmental............ 16,529 16,529
Air Force Various Environmental............ 19,454 19,454
Defense Wide Various Environmental............ 0 0
Army Various Operation and Maintenance 1,169,334 1,169,334
Navy Various Operation and Maintenance 322,495 322,495
Air Force Various Operation and Maintenance 288,459 288,459
Defense Wide Various Operation and Maintenance 836,715 836,715
Army Various MilPers PCS.............. 0 0
Navy Various MilPers PCS.............. 6,504 6,504
Air Force Various MilPers PCS.............. 3,970 3,970
Defense Wide Various MilPers PCS.............. 0 0
Army Various Other.................... 311,138 311,138
Navy Various Other.................... 20,115 20,115
Air Force Various Other.................... 23,443 23,443
Defense Wide Various Other.................... 412,320 412,320
Defense Wide Various Other....................
............................
.............................. Subtotal BRAC 2005 FY 4,057,037
2010, Army.
.............................. Subtotal BRAC 2005 FY 591,572
2010, Navy.
.............................. Subtotal BRAC 2005 FY 418,260
2010, Air Force.
.............................. Subtotal BRAC 2005 FY 2,388,629
2010, Defense Wide.
.............................. Total BRAC 2005 FY 2010 5,934,740 7,455,498
All Categories.
..............................
Army Various Base Realignment and 138,723
Closure IV, Army.
Navy Various Base Realignment and 228,000
Closure IV, Navy.
Air Force Various Base Realignment and 127,364
Closure IV, Air Force.
Defense Wide Various Base Realignment and 2,681
Closure IV, Defense Wide.
.............................. Total BRAC IV for FY 2010 496,768
.
----------------------------------------------------------------------------------------------------------------

SEC. 4503. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.

----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Conference
Service Country and Location Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Afghanistan
Army Airborne......................... Dining Facility........... 2,200 2,200
Army Airborne......................... Waste Management Area..... 5,600 5,600
Army Altimur.......................... Dining Facility........... 2,150 2,150
Army Altimur.......................... Waste Management Area..... 5,600 5,600
Army Asadabad......................... Waste Management Area..... 5,500 5,500
Air Force Bagram Air Base.................. Cargo Terminal............ 13,800 13,800
Air Force Bagram Air Base.................. Aviation Operations & 8,900 8,900
Maintenance Facilities.
Air Force Bagram Air Base.................. Expeditionary Fighter 6,400 6,400
Shelter.
Army Bagram Air Base.................. Troop Housing Phase 3..... 22,000 0
Army Bagram Air Base.................. Drainage System, Ph 2..... 21,000 21,000
Army Bagram Air Base.................. APS Compound.............. 0 38,000
Army Bagram Air Base.................. Barracks.................. 0 0
Army Bagram Air Base.................. Perimeter Fence and Guard 0 7,000
Towers.
Army Bagram Air Base.................. Command and Control 0 38,000
Facility.
Army Bagram Air Base.................. Access Roads.............. 21,000 21,000
Army Bagram Air Base.................. Command and Control 4,500 4,500
Facility.

[[Page 123 STAT. 2827]]

Army Bagram Air Base.................. Medlog Warehouse.......... 3,350 3,350
Army Blessing......................... Waste Management Area..... 5,600 5,600
Army Bostick.......................... Waste Management Area..... 5,500 5,500
Air Force Dwyer............................ Cargo Handling Area....... 4,900 4,900
Army Dwyer............................ Contingency Housing Phase 8,600 0
1.
Army Dwyer............................ Contingency Housing Phase 6,900 0
2.
Army Dwyer............................ Fuel System, Ph 1......... 5,800 5,800
Army Dwyer............................ Waste Management Complex.. 6,900 6,900
Army Dwyer............................ Dining Facility........... 6,600 6,600
Army Frontenac........................ Dining Facility........... 2,200 2,200
Army Frontenac........................ Contingency Housing....... 3,800 0
Army Gardez........................... Tactical Runway........... 28,000 28,000
Army Gardez........................... Dining Facility........... 2,200 2,200
Army Gardez........................... Contingency Housing....... 8,400 0
Army Gardez........................... Fuel System, Ph 1......... 6,000 6,000
Army Ghazni........................... Waste Management Complex.. 5,500 5,500
Army Jalalabad........................ Dining Facility........... 4,350 4,350
Army Jalalabad........................ Ammunition Supply Point... 35,000 35,000
Army Jalalabad........................ Contingency Housing....... 6,900 0
Army Jalalabad........................ Perimeter Fencing......... 2,050 2,050
Army Joyce............................ Dining Facility........... 2,100 2,100
Army Joyce............................ Waste Management Area..... 5,600 5,600
Army Kabul............................ USFOR-A Headquarters & 98,000 98,000
Housing.
Army Kabul............................ Camp Phoenix West 39,000 39,000
Expansion.
Air Force Kandahar......................... Secure RSOI Facility...... 9,700 9,700
Air Force Kandahar......................... Tactical Airlift Apron.... 29,000 29,000
Air Force Kandahar......................... Refueler Apron/Relocate 66,000 66,000
HCP.
Air Force Kandahar......................... CAS Apron Expansion....... 25,000 25,000
Air Force Kandahar......................... ISR Apron Expansion....... 40,000 40,000
Air Force Kandahar......................... Aviation Operations & 10,500 10,500
Maintenance Facilities.
Air Force Kandahar......................... Expeditionary Fighter 6,400 6,400
Shelter.
Air Force Kandahar......................... Cargo Helicopter Apron.... 32,000 32,000
Air Force Kandahar......................... Relocate North Airfield 16,000 16,000
Road.
Army Kandahar......................... Troup Housing Phase 2..... 4,250 0
Army Kandahar......................... Command and Control 4,500 4,500
Facility.
Army Kandahar......................... Tanker Truck Offload 23,000 23,000
Facility.
Army Kandahar......................... Command and Control 4,500 4,500
Facility.
Army Kandahar......................... Command and Control 4,500 4,500
Facility.
Army Kandahar......................... Southpark Roads........... 11,000 11,000
Army Kandahar......................... Waste Management Complex.. 10,000 10,000
Army Kandahar......................... Warehouse................. 20,000 20,000
Army Kandahar......................... Theater Vehicle 55,000 55,000
Maintenance Facility.
Army Maywand.......................... Dining Facility........... 2,200 2,200
Army Maywand.......................... Waste Management Area..... 5,600 5,600
Army Methar-lam....................... Waste Management Area..... 4,150 4,150
Army Salerno.......................... Waste Management Complex.. 5,500 5,500
Army Salerno.......................... Electrical Distribution 2,600 2,600
Grid.
Army Salerno.......................... Fuel System, Ph 1......... 12,800 12,800
Army Salerno.......................... Dining Facility........... 4,300 4,300
Army Salerno.......................... Runway Upgrade............ 25,000 25,000
Air Force Shank............................ Cargo Handling Area....... 4,900 4,900
Army Shank............................ Dining Facility........... 4,350 4,350
Army Shank............................ Electrical Distribution 4,600 4,600
Grid.
Army Shank............................ Waste Management Complex.. 8,100 8,100
Army Shank............................ Water Distribution System. 2,650 2,650
Army Shank............................ Troup Housing Phase 2..... 8,600 0
Army Sharana.......................... Rotary Wing Parking....... 32,000 32,000
Army Sharana.......................... Ammunition Supply Point... 14,000 14,000
Army Sharana.......................... Aircraft Maintenance 12,200 12,200
Facilities.
Army Sharana.......................... Electrical Distribution 2,600 2,600
Grid.
Air Force Tarin Kowt....................... Cargo Handling Area....... 4,900 4,900
Army Tarin Kowt....................... Fuel System Phase 2....... 11,800 11,800
Army Tarin Kowt....................... Waste Management Area..... 6,800 6,800
Army Tarin Kowt....................... Ammunition Supply Point... 35,000 35,000
Army Tarin Kowt....................... Dining Facility........... 2,200 2,200
Air Force Tombstone/Bastion................ Strategic Airlift Apron 32,000 32,000
Expansion.
Air Force Tombstone/Bastion................ CAS Apron Expansion....... 40,000 40,000

[[Page 123 STAT. 2828]]

Air Force Tombstone/Bastion................ ISR Apron................. 41,000 41,000
Air Force Tombstone/Bastion................ Secure RSOI Facility...... 10,000 10,000
Air Force Tombstone/Bastion................ Cargo Handling Area....... 18,000 18,000
Air Force Tombstone/Bastion................ Aviation Operations & 8,900 8,900
Maintenance Facs.
Air Force Tombstone/Bastion................ Expeditionary Fighter 6,300 6,300
Shelter.
Army Tombstone/Bastion................ Basic Load Ammunition 7,500 7,500
Holding Area.
Army Tombstone/Bastion................ Dining Facility........... 8,900 8,900
Army Tombstone/Bastion................ Entry Control Point and 14,200 14,200
Access Roads.
Army Tombstone/Bastion................ Fuel System, Ph 2......... 14,200 14,200
Army Tombstone/Bastion................ Roads..................... 4,300 4,300
Army Tombstone/Bastion................ Troop Housing Phase 3..... 3,250 0
Army Tombstone/Bastion................ Troop Housing Phase 4..... 3,800 0
Army Tombstone/Bastion................ Level 3 Medical Facility.. 16,500 16,500
Army Tombstone/Bastion................ Water Supply and 6,200 6,200
Distribution System.
Air Force Wolverine........................ Cargo Handling Area....... 4,900 4,900
Army Wolverine........................ Dining Facility........... 4,350 4,350
Army Wolverine........................ Fuel System, Ph 1......... 5,800 5,800
Army Wolverine........................ Waste Management Complex.. 6,900 6,900
Belgium
Army Mons............................. NATO SOF Operational
Support.
ZU
Air Force Unspecified Worldwide............ Planning and Design....... 35,000 29,000
Army Unspecified Worldwide............ Minor Construction........ 20,000 20,100
Army Unspecified Worldwide............ Planning and Design....... 76,284 76,284
NSA Unspecified Worldwide............ Classified Project........ 6,000 0
NSA Unspecified Worldwide............ Planning and Design....... 600 0
Grand Total Military 1,404,984 1,398,984
Construction.
----------------------------------------------------------------------------------------------------------------

TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

------------------------------------------------------------------------
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2010 Conference
Program Request Authorized
------------------------------------------------------------------------
Electricity Delivery & Energy Reliability
Electricity Delivery & Energy Reliability
Infrastructure security & energy 6,188 6,188
restoration..............................

Weapons Activities

Directed stockpile work
Life extension programs
W76 Life extension program.............. 209,196 209,196
Total, Life extension programs............ 209,196 209,196

Stockpile systems
B61 Stockpile systems................... 124,456 124,456
W76 Stockpile systems................... 65,497 65,497
W78 Stockpile systems................... 50,741 50,741
W80 Stockpile systems................... 19,064 19,064
B83 Stockpile systems................... 35,682 35,682
W87 Stockpile systems................... 51,817 51,817

[[Page 123 STAT. 2829]]

W88 Stockpile systems................... 43,043 43,043
Total, Stockpile systems.................. 390,300 390,300

Weapons dismantlement and disposition
Operation and maintenance............... 84,100 94,100
Total, Weapons dismantlement and 84,100 94,100
disposition..............................

Stockpile services
Production support...................... 301,484 301,484
Research and development support........ 37,071 37,071
R&D certification and safety............ 143,076 153,076
Dynamic plutonium experiment--NTS..... [10,000]
Management, technology, and production.. 200,223 200,223
Plutonium infrastructure sustainment.... 149,201 149,201
Total, Stockpile services................. 831,055 841,055
Total, Directed stockpile work.............. 1,514,651 1,534,651

Campaigns:
Science campaign
Advanced certification.................. 19,400 19,400
Primary assessment technologies......... 80,181 80,181
Dynamic materials properties............ 86,617 86,617
Academic alliances...................... 30,251 30,251
Advanced radiography.................... 22,328 22,328
Secondary assessment technologies....... 77,913 77,913
Total, Science campaign................... 316,690 316,690

Engineering campaign
Enhanced surety......................... 42,000 47,000
Program increase...................... [5,000]
Weapon systems engineering assessment 18,000 18,000
technology.............................
Nuclear survivability................... 21,000 21,000
Enhanced surveillance................... 69,000 69,000
Total, Engineering campaign............... 150,000 155,000

Inertial confinement fusion ignition and
high yield campaign
Ignition................................ 106,734 106,734
NIF diagnostics, cryogenics and 72,252 73,252
experimental support...................
National Ignition Campaign program [1,000]
increase.............................
Pulsed power inertial confinement fusion 5,000 5,000
Joint program in high energy density 4,000 4,000
laboratory plasmas.....................
Facility operations and target 248,929 266,629
production.............................
Omega operations..................... [6,500]
National Ignition Campaign program [11,200]
increase.............................
Total, Inertial confinement fusion and 436,915 455,615
high yield campaign......................

Advanced simulation and computing campaign
Operation and maintenance............... 556,125 556,125
Total, Advanced simulation and computing 556,125 556,125
campaign.................................

Readiness Campaign
Stockpile readiness..................... 5,746 5,746
High explosives and weapon operations... 4,608 4,608
Nonnuclear readiness.................... 12,701 12,701
Tritium readiness....................... 68,246 68,246
Advanced design and production 8,699 8,699
technologies...........................
Total, Readiness campaign................. 100,000 100,000

[[Page 123 STAT. 2830]]

Total, Campaigns............................ 1,559,730 1,583,430

Readiness in technical base and facilities
(RTBF)
Operation of facilities................... 1,342,303 1,360,303
Pantex Plant program increase......... [8,000]
Y-12 National Security Complex program [10,000]
increase.............................
Total, Operation of facilities............ 1,342,303 1,360,303
Program readiness......................... 73,021 73,021
Material recycle and recovery............. 69,542 69,542
Containers................................ 23,392 23,392
Storage................................... 24,708 24,708
Subtotal, Readiness in technical base and 1,532,966 1,550,966
facilities (RTBF)..........................

Construction:
10-D-501 Nuclear facilities risk 12,500 12,500
reduction Y-12 National Security
Complex, Oakridge, TN..................
99-D-141 Pit disassembly and conversion 30,321 30,321
facility, Savannah River Site, Aiken,
SC.....................................
09-D-007, LANSCE--Refurbishment, Los 0 24,000
Alamos National Laboratory, NM.........
Program increase in support of RTBF... [24,000]
09-D-404 Test capabilities 0 5,000
revitalization II, Sandia National
Laboratories, Albuquerque, NM..........
Program increase in support of RTBF... [5,000]
08-D-801 High pressure fire loop (HPFL), 31,910 31,910
Pantex, TX.............................
08-D-804 TA-55 Reinvestment project, Los 0
Alamos National Laboratory.............
08-D-802 High Explosive Pressing 0
Facility, Pantex Plant, Amarillo, TX...
06-D-140 Project engineering design 70,678 70,678
(PED), various locations...............
06-D-402 NTS replace fire stations 1 & 2 1,473 1,473
Nevada Test Site, NV...................
04-D-125 Chemistry and metallurgy 55,000 55,000
facility replacement project, Los
Alamos National Laboratory, Los Alamos,
NM.....................................
04-D-128 TA-18 Criticality experiments 1,500 1,500
facility (CEF), Los Alamos National
Laboratory, Nevada Test Site, NV.......
Total, Construction....................... 203,382 232,382
Total, Readiness in technical base and 1,736,348 1,783,348
facilities.................................

Secure transportation asset
Operation and equipment................... 138,772 138,772
Program direction......................... 96,143 96,143
Total, Secure transportation asset.......... 234,915 234,915

Nuclear counterterrorism incident response.. 221,936 221,936

Facilities and infrastructure
recapitalization program
Operation and maintenance................. 144,959 144,959
Construction
07-D-253 TA 1 heating systems 9,963 9,963
modernization (HSM) Sandia National
Laboratory.............................
Total, Construction....................... 9,963 9,963
Total, Facilities and infrastructure 154,922 154,922
recapitalization program...................

[[Page 123 STAT. 2831]]

Site stewardship
Environmental projects and operations..... 41,288 41,288
Nuclear materials integration............. 20,000 20,000
Stewardship planning...................... 29,086 29,086
Total, Site stewardship..................... 90,374 90,374

Safeguards and security
Defense nuclear security
Operation and maintenance............... 700,044 700,044
Construction:
10-D-701 Security improvements project 49,000 49,000
Y-12 National Security Complex, Oak
Ridge, TN............................
Total, Construction..................... 49,000 49,000
Total, Defense nuclear security........... 749,044 749,044

Cyber security............................ 122,511 122,511
Total, Safeguards and security.............. 871,555 871,555
Use of prior year balances.................. -42,000
Total, Weapons Activities..................... 6,384,431 6,433,131

Defense Nuclear Nonproliferation

Nonproliferation and verification research
and development
Operation and maintenance................ 297,300 337,300

Nonproliferation and international security. 207,202 187,202

International nuclear materials protection 552,300 592,050
and cooperation............................
MPC&A.................................... [39,750]

Elimination of weapons-grade plutonium 24,507 24,507
production program.........................

Fissile materials disposition
U.S. surplus fissile materials disposition
Operation and maintenance
U.S. plutonium disposition............ 90,896 90,896
U.S. uranium disposition.............. 34,691 34,691
Supporting activities................. 1,075 1,075
Total, Operation and maintenance........ 126,662 126,662
Construction:
99-D-143 Mixed oxide fuel fabrication 504,238 504,238
facility, Savannah River Site, SC....
99-D-141-02 Waste solidification 70,000 70,000
building, Savannah River, SC.........
Total, Construction..................... 574,238 574,238
Total, U.S. surplus fissile materials 700,900 700,900
disposition..............................
Russian surplus materials disposition..... 1,000 1,000
Total, Fissile materials disposition........ 701,900 701,900

Global threat reduction initiative.......... 353,500 333,500

Subtotal, Defense Nuclear Nonproliferation.... 2,136,709 2,176,459
Total, Defense Nuclear Nonproliferation....... 2,136,709 2,176,459

[[Page 123 STAT. 2832]]

Naval Reactors
Naval reactors development
Operation and maintenance
Operation and maintenance............... 935,533 935,533
Total, Operation and maintenance.......... 935,533 935,533
Construction:
10-D-903, KAPL Security upgrades, 1,500 1,500
Schnectady, NY.........................
10-D-904, NRF infrastructure upgrades, 700 700
ID.....................................
09-D-190, PED, Infrastructure upgrades, 1,000 1,000
KAPL, Schnectady, NY...................
09-D-902, NRF Production Support 6,400 6,400
Complex, ID............................
08-D-190 NRF Project engineering and 9,500 9,500
design Expended Core Facility M-290
receiving/discharge station, ID........
07-D-190 Materials research and 11,700 11,700
technology complex, BAPL, Pittsburgh,
PA.....................................
Total, Construction....................... 30,800 30,800
Total, Naval reactors development........... 966,333 966,333
Program direction........................... 36,800 36,800
Total, Naval Reactors......................... 1,003,133 1,003,133

Office Of The Administrator
Office of the administrator................. 431,074 431,074
Use of prior year balances.................. -10,320 -10,320
Total, Office Of The Administrator............ 420,754 420,754

Total, National Nuclear Security 9,945,027 10,033,477
Administration...............................

Defense Environmental Cleanup
Closure sites:
Closure sites administration.............. 8,225 8,225
Miamisburg................................ 33,243 33,243
Total, Closure sites........................ 41,468 41,468

Hanford site:
2012 accelerated completions
Nuclear facility D&D river corridor 327,955 327,955
closure project........................
Nuclear material stabilization and 118,087 118,087
disposition PFP........................
SNF stabilization and disposition....... 55,325 55,325
Total, 2012 accelerated completions....... 501,367 501,367

2035 accelerated completions
Nuclear facility D&D--remainder of 70,250 70,250
Hanford................................
Richland community and regulatory 21,940 21,940
support................................
Soil and water remediation--groundwater 176,766 176,766
vadose zone............................
Solid waste stabilization and 132,757 132,757
disposition 200 area...................
Total, 2035 accelerated completions....... 401,713 401,713
Total, Hanford site......................... 903,080 903,080

Idaho National Laboratory:
SNF stabilization and disposition--2012... 14,768 14,768
Solid waste stabilization and disposition. 137,000 137,000
Radioactive liquid tank waste 95,800 95,800
stabilization and disposition............
Construction
06-D-401 Sodium bearing waste treatment 83,700 83,700
project, Idaho.........................
Soil and water remediation--2012.......... 71,000 71,000

[[Page 123 STAT. 2833]]

Idaho community and regulatory support.... 3,900 3,900
Total, Idaho National Laboratory............ 406,168 406,168

NNSA sites
Lawrence Livermore National Laboratory.... 910 910
NNSA Service Center/SPRU.................. 17,938 17,938
Nevada.................................... 65,674 65,674
California site support................... 238 238
Sandia National Laboratories.............. 2,864 2,864
Los Alamos National Laboratory............ 189,000 189,000
Total, NNSA sites and Nevada off-sites...... 276,624 276,624

Oak Ridge Reservation:
Building 3019............................. 38,900 38,900
Nuclear facility D & D ORNL............... 38,900 38,900
Nuclear facility D & D Y-12............... 34,000 34,000
Nuclear facility D & D, E. Tennessee 100 100
technology park..........................
OR reservation community and regulatory 6,253 6,253
support..................................
Solid waste stabilization and disposition-- 35,615 35,615
2012.....................................
Total, Oak Ridge Reservation................ 153,768 153,768

Office of River Protection:
Waste treatment and immobilization plant
Construction:
01-D-416 Waste treatment and
immobilization plant
01-D-16A Low activity waste facility.. 100,000 100,000
01-D-16B Analytical laboratory........ 55,000 55,000
01-D-16C Balance of facilities........ 50,000 50,000
01-D-16D High level waste facility.... 160,000 160,000
01-D-16E Pretreatment facility........ 325,000 325,000
Total, Waste treatment and immobilization 690,000 690,000
plant....................................

Tank farm activities
Rad liquid tank waste stabilization and 408,000 408,000
disposition............................
Total, Office of River protection........... 1,098,000 1,098,000

Savannah River sites:
Nuclear material stabilization and
disposition
Nuclear material stabilization and 385,310 385,310
disposition............................
Construction:
08-D-414 Project engineering and 6,315 6,315
design Plutonium Vitrification
Facility, VL.........................
Total, Nuclear material stabilization and 391,625 391,625
disposition..............................

2035 accelerated completions
SR community and regulatory support..... 18,300 18,300
Spent nuclear fuel stabilization and 38,768 38,768
disposition............................
Total, 2035 accelerated completions....... 57,068 57,068

Tank farm activities
Radioactive liquid tank waste 527,138 527,138
stabilization and disposition..........
Construction:
05-D-405 Salt waste processing 234,118 234,118
facility, Savannah River.............
Total, Tank farm activities............... 761,256 761,256
Total, Savannah River site.................. 1,209,949 1,209,949

[[Page 123 STAT. 2834]]

Waste Isolation Pilot Plant
Waste isolation pilot plant............... 144,902 144,902
Central characterization project.......... 13,730 13,730
Transportation............................ 33,851 33,851
Community and regulatory support.......... 27,854 27,854
Total, Waste Isolation Pilot Plant.......... 220,337 220,337

Program direction........................... 355,000 355,000
Program support............................. 34,000 34,000

Safeguards and Security:
Waste Isolation Pilot Project............. 4,644 4,644
Oak Ridge Reservation..................... 32,400 32,400
West Valley............................... 1,859 1,859
Paducah................................... 8,190 8,190
Portsmouth................................ 17,509 17,509
Richland/Hanford Site..................... 82,771 82,771
Savannah River Site....................... 132,064 132,064
Total, Safeguards and Security.............. 279,437 279,437

Technology development...................... 55,000 55,000
Uranium enrichment D&D fund contribution.... 463,000 463,000
Subtotal, Defense environmental cleanup....... 5,495,831 5,495,831

UNDISTRIBUTED
Realignment to support NNSA Weapons 0
Activities.................................
Transfer to Title II........................ 0
Total, Defense Environmental Cleanup.......... 5,495,831 5,495,831

Other Defense Activities
Health, safety and security
Health, safety and security............... 337,757 337,757
Program direction......................... 112,125 112,125
Total, Health, safety and security.......... 449,882 449,882

Office of Legacy Management
Legacy management......................... 177,618 177,618
Program direction......................... 12,184 12,184
Total, Office of Legacy Management.......... 189,802 189,802

Nuclear energy
Infrastructure
Idaho facilities management
INL infrastructure O&M................ 83,358 83,358
Total, Infrastructure..................... 83,358 83,358

Total, Nuclear energy....................... 83,358 83,358

Defense related administrative support...... 122,982 122,982

Office of hearings and appeals.............. 6,444 6,444

Total, Other Defense Activities............... 852,468 852,468

Defense Nuclear Waste Disposal
Defense nuclear waste disposal.............. 98,400 98,400

[[Page 123 STAT. 2835]]

Total, Environmental & other defense 6,446,699 6,446,699
activities...................................

Total, Atomic Energy Defense Activities....... 16,391,726 16,480,176

Total, Department of Energy................... 16,397,914 16,486,364
------------------------------------------------------------------------

DIVISION E-- <<NOTE: Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act.>> MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES
PREVENTION ACT

SEC. 4701. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

This division may be cited as the ``Matthew Shepard and James Byrd,
Jr. Hate Crimes Prevention Act''.
SEC. 4702. <<NOTE: 18 USC 249 note.>> FINDINGS.

Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender, sexual
orientation, gender identity, or disability of the victim poses
a serious national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue to
be responsible for prosecuting the overwhelming majority of
violent crimes in the United States, including violent crimes
motivated by bias. These authorities can carry out their
responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) A prominent characteristic of a violent crime motivated
by bias is that it devastates not just the actual victim and the
family and friends of the victim, but frequently savages the
community sharing the traits that caused the victim to be
selected.
(6) Such violence substantially affects interstate commerce
in many ways, including the following:

[[Page 123 STAT. 2836]]

(A) The movement of members of targeted groups is
impeded, and members of such groups are forced to move
across State lines to escape the incidence or risk of
such violence.
(B) Members of targeted groups are prevented from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(C) Perpetrators cross State lines to commit such
violence.
(D) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the
commission of such violence.
(E) Such violence is committed using articles that
have traveled in interstate commerce.
(7) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption of
the 13th amendment to the Constitution of the United States,
through widespread public and private violence directed at
persons because of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating racially
motivated violence is an important means of eliminating, to the
extent possible, the badges, incidents, and relics of slavery
and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be distinct
``races''. Thus, in order to eliminate, to the extent possible,
the badges, incidents, and relics of slavery, it is necessary to
prohibit assaults on the basis of real or perceived religions or
national origins, at least to the extent such religions or
national origins were regarded as races at the time of the
adoption of the 13th, 14th, and 15th amendments to the
Constitution of the United States.
(9) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local authorities
to work together as partners in the investigation and
prosecution of such crimes.
(10) The problem of crimes motivated by bias is sufficiently
serious, widespread, and interstate in nature as to warrant
Federal assistance to States, local jurisdictions, and Indian
tribes.
SEC. 4703. DEFINITIONS.

(a) Amendment.--Section 280003(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat.
2096) <<NOTE: 28 USC 994 note.>> is amended by inserting ``gender
identity,'' after ``gender,''.

(b) <<NOTE: 42 USC 3716 note.>> This Division.--In this division--
(1) the term ``crime of violence'' has the meaning given
that term in section 16 of title 18, United States Code;
(2) the term ``hate crime'' has the meaning given that term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2096), as
amended by this Act;

[[Page 123 STAT. 2837]]

(3) the term ``local'' means a county, city, town, township,
parish, village, or other general purpose political subdivision
of a State; and
(4) the term ``State'' includes the District of Columbia,
Puerto Rico, and any other territory or possession of the United
States.
SEC. 4704. <<NOTE: 42 USC 3716.>> SUPPORT FOR CRIMINAL
INVESTIGATIONS AND PROSECUTIONS BY
STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT
OFFICIALS.

(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of a State, local, or tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any
crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or
tribal laws; and
(C) is motivated by prejudice based on the actual or
perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or
disability of the victim, or is a violation of the
State, local, or tribal hate crime laws.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than one State and
to rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.

(b) Grants.--
(1) In general.--The Attorney General may award grants to
State, local, and tribal law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program under this subsection, the Office of Justice Programs
shall work closely with grantees to ensure that the concerns and
needs of all affected parties, including community groups and
schools, colleges, and universities, are addressed through the
local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State, local, and tribal law
enforcement agency that desires a grant under this
subsection shall submit an application to the Attorney
General at such time, in such manner, and accompanied by
or containing such information as the Attorney General
shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State, local, and tribal law
enforcement agency applying for a grant under this
subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;

[[Page 123 STAT. 2838]]

(ii) <<NOTE: Certification.>> certify that the
State, local government, or Indian tribe lacks the
resources necessary to investigate or prosecute
the hate crime;
(iii) demonstrate that, in developing a plan
to implement the grant, the State, local, and
tribal law enforcement agency has consulted and
coordinated with nonprofit, nongovernmental victim
services programs that have experience in
providing services to victims of hate crimes; and
(iv) <<NOTE: Certification.>> certify that any
Federal funds received under this subsection will
be used to supplement, not supplant, non-Federal
funds that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or denied by the Attorney General
not later than 180 business days after the date on which the
Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(6) Report.--Not later than December 31, 2011, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $5,000,000 for each
of fiscal years 2010, 2011, and 2012.
SEC. 4705. <<NOTE: 42 USC 3716a.>> GRANT PROGRAM.

(a) Authority to Award Grants.--The Office of Justice Programs of
the Department of Justice may award grants, in accordance with such
regulations as the Attorney General may prescribe, to State, local, or
tribal programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 4706. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT.

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

(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts

``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or

[[Page 123 STAT. 2839]]

not acting under color of law, willfully causes bodily injury to
any person or, through the use of fire, a firearm, a dangerous
weapon, or an explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or perceived
race, color, religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnapping or an
attempt to kidnap, aggravated sexual abuse or an
attempt to commit aggravated sexual abuse, or an
attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity, or
disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B) or paragraph (3), willfully causes
bodily injury to any person or, through the use of fire,
a firearm, a dangerous weapon, or an explosive or
incendiary device, attempts to cause bodily injury to
any person, because of the actual or perceived religion,
national origin, gender, sexual orientation, gender
identity, or disability of any person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with this
title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to
commit aggravated sexual abuse, or an
attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the result
of, the travel of the defendant or the victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility, or
instrumentality of interstate or foreign
commerce;
``(ii) the defendant uses a channel, facility,
or instrumentality of interstate or foreign
commerce in connection with the conduct described
in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, dangerous weapon, explosive or
incendiary device, or other weapon that has
traveled in interstate or foreign commerce; or
``(iv) the conduct described in subparagraph
(A)--

[[Page 123 STAT. 2840]]

``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(3) Offenses occurring in the special maritime or
territorial jurisdiction of the united states.--Whoever, within
the special maritime or territorial jurisdiction of the United
States, engages in conduct described in paragraph (1) or in
paragraph (2)(A) (without regard to whether that conduct
occurred in a circumstance described in paragraph (2)(B)) shall
be subject to the same penalties as prescribed in those
paragraphs.

``(b) Certification Requirement.--
``(1) In general.--No prosecution of any offense described
in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney
General, or a designee, that--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated violence;
or
``(D) a prosecution by the United States is in the
public interest and necessary to secure substantial
justice.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal officers,
or a Federal grand jury, to investigate possible violations of
this section.

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

``(d) Statute of Limitations.--
``(1) <<NOTE: Deadline.>> Offenses not resulting in death.--
Except as provided in paragraph (2), no person shall be
prosecuted, tried, or punished for any offense under this
section unless the indictment for such offense is found, or the
information for such offense is instituted, not later than 7
years after the date on which the offense was committed.
``(2) Death resulting offenses.--An indictment or
information alleging that an offense under this section resulted
in death may be found or instituted at any time without
limitation.''.

[[Page 123 STAT. 2841]]

(b) Technical and Conforming Amendment.--The table of sections for
chapter 13 of title 18, United States Code, is amended by adding at the
end the following:

``249. Hate crime acts.''.

SEC. 4708. STATISTICS.

(a) In General.--Subsection (b)(1) of the first section of the Hate
Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting
``gender and gender identity,'' after ``race,''.
(b) Data.--Subsection (b)(5) of the first section of the Hate Crime
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``,
including data about crimes committed by, and crimes directed against,
juveniles'' after ``data acquired under this section''.
SEC. 4709. <<NOTE: 18 USC 249 note.>> SEVERABILITY.

If any provision of this division, an amendment made by this
division, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this division, the amendments made by this division, and the application
of the provisions of such to any person or circumstance shall not be
affected thereby.
SEC. 4710. <<NOTE: 18 USC 249 note.>> RULE OF CONSTRUCTION.

<<NOTE: Applicability.>> For purposes of construing this division
and the amendments made by this division the following shall apply:
(1) In general.--Nothing in this division shall be construed
to allow a court, in any criminal trial for an offense described
under this division or an amendment made by this division, in
the absence of a stipulation by the parties, to admit evidence
of speech, beliefs, association, group membership, or expressive
conduct unless that evidence is relevant and admissible under
the Federal Rules of Evidence. Nothing in this division is
intended to affect the existing rules of evidence.
(2) Violent acts.--This division applies to violent acts
motivated by actual or perceived race, color, religion, national
origin, gender, sexual orientation, gender identity, or
disability of a victim.
(3) Construction and application.--Nothing in this division,
or an amendment made by this division, shall be construed or
applied in a manner that infringes any rights under the first
amendment to the Constitution of the United States. Nor shall
anything in this division, or an amendment made by this
division, be construed or applied in a manner that substantially
burdens a person's exercise of religion (regardless of whether
compelled by, or central to, a system of religious belief),
speech, expression, or association, unless the Government
demonstrates that application of the burden to the person is in
furtherance of a compelling governmental interest and is the
least restrictive means of furthering that compelling
governmental interest, if such exercise of religion, speech,
expression, or association was not intended to--
(A) plan or prepare for an act of physical violence;
or
(B) incite an imminent act of physical violence
against another.

[[Page 123 STAT. 2842]]

(4) Free expression.--Nothing in this division shall be
construed to allow prosecution based solely upon an individual's
expression of racial, religious, political, or other beliefs or
solely upon an individual's membership in a group advocating or
espousing such beliefs.
(5) First amendment.--Nothing in this division, or an
amendment made by this division, shall be construed to diminish
any rights under the first amendment to the Constitution of the
United States.
(6) Constitutional protections.--Nothing in this division
shall be construed to prohibit any constitutionally protected
speech, expressive conduct or activities (regardless of whether
compelled by, or central to, a system of religious belief),
including the exercise of religion protected by the first
amendment to the Constitution of the United States and peaceful
picketing or demonstration. The Constitution of the United
States does not protect speech, conduct or activities consisting
of planning for, conspiring to commit, or committing an act of
violence.
SEC. 4711. GUIDELINES FOR HATE-CRIMES OFFENSES.

Section 249(a) of title 18, United States Code, as added by section
4707 of this Act, is amended by adding at the end the following:
``(4) Guidelines.--All prosecutions conducted by the United
States under this section shall be undertaken pursuant to
guidelines issued by the Attorney General, or the designee of
the Attorney General, to be included in the United States
Attorneys' Manual that shall establish neutral and objective
criteria for determining whether a crime was committed because
of the actual or perceived status of any person.''.
SEC. 4712. ATTACKS ON UNITED STATES SERVICEMEN.

(a) In General.--Chapter 67 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1389. Prohibition on attacks on United States servicemen on
account of service

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

[[Page 123 STAT. 2843]]

than $2500 and imprisoned not less than 6 months nor more than
10 years.

``(b) Exception.--This section shall not apply to conduct by a
person who is subject to the Uniform Code of Military Justice.
``(c) Definitions.--In this section--
``(1) the term `Armed Forces' has the meaning given that
term in section 1388;
``(2) the term `immediate family member' has the meaning
given that term in section 115; and
``(3) the term `United States serviceman'--
``(A) means a member of the Armed Forces; and
``(B) includes a former member of the Armed Forces
during the 5-year period beginning on the date of the
discharge from the Armed Forces of that member of the
Armed Forces.''.

(b) Technical and Conforming Amendment.--The table of sections for
chapter 67 of title 18, United States Code, is amended by adding at the
end the following:

``1389. Prohibition on attacks on United States servicemen on account of
service.''.

SEC. 4713. REPORT ON MANDATORY MINIMUM SENTENCING PROVISIONS.

(a) Report.--Not later than 1 year after the date of enactment of
this Act, the United States Sentencing Commission shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on mandatory minimum
sentencing provisions under Federal law.
(b) Contents of Report.--The report submitted under subsection (a)
shall include--
(1) a compilation of all mandatory minimum sentencing
provisions under Federal law;
(2) an assessment of the effect of mandatory minimum
sentencing provisions under Federal law on the goal of
eliminating unwarranted sentencing disparity and other goals of
sentencing;
(3) an assessment of the impact of mandatory minimum
sentencing provisions on the Federal prison population;
(4) an assessment of the compatibility of mandatory minimum
sentencing provisions under Federal law and the sentencing
guidelines system established under the Sentencing Reform Act of
1984 (Public Law 98-473; 98 Stat. 1987) and the sentencing
guidelines system in place after Booker v. United States, 543
U.S. 220 (2005);
(5) a description of the interaction between mandatory
minimum sentencing provisions under Federal law and plea
agreements;
(6) a detailed empirical research study of the effect of
mandatory minimum penalties under Federal law;
(7) a discussion of mechanisms other than mandatory minimum
sentencing laws by which Congress can take action with respect
to sentencing policy; and

[[Page 123 STAT. 2844]]

(8) any other information that the Commission determines
would contribute to a thorough assessment of mandatory minimum
sentencing provisions under Federal law.

Approved October 28, 2009.

LEGISLATIVE HISTORY--H.R. 2647 (S. 1390):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 111-166 and Pt. 2 (both from Comm. on Armed
Services) and 111-288 (Comm. of Conference).
SENATE REPORTS: No. 111-35 (Comm. on Armed Services) accompanying S.
1390.
CONGRESSIONAL RECORD, Vol. 155 (2009):
June 24, 25, considered and passed House.
July 23, considered and passed Senate, amended, in lieu of
S. 1390.
Oct. 8, House agreed to conference report.
Oct. 20-22, Senate considered and agreed to conference
report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
Oct. 28, Presidential remarks.

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