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Code · STATUTES-AT-LARGE · Vol. 123 STAT. · Oct. 28, 2009 · 111th Congress · Public Law 111–84

Public Law 111–84. 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

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123 STAT. 2190 Public Law111–84 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.Oct. 28, 2009[[H.R. 2647](/us/bill/111/hr/2647)] Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,National Defense Authorization Act for Fiscal Year 2010.
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.123 STAT. 2191 Sec. 124. Advance procurement funding.
Sec. 125. Procurement programs for future naval surface combatants. Sec. 126. Ford-class aircraft carrier report. Sec. 127. Report on a service life extension program for Oliver Hazard Perry class frigates. Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or EA–18G aircraft. Subtitle D— Air Force Programs Sec. 131. Report on the procurement of 4.5 generation fighter aircraft. Sec. 132. Revised availability of certain funds available for the F–22A fighter aircraft.
Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. Sec. 134. AC–130 gunships. Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re-engining. Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. Sec. 137. Limitation on retirement of C–5 aircraft. Sec. 138. Reports on strategic airlift aircraft. Sec. 139. Strategic airlift force structure. Subtitle E— Joint and Multiservice Matters Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. Sec. 143. Modification of nature of data link for use by tactical unmanned aerial vehicles. TITLE II— RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A— Authorization of Appropriations Sec. 201. Authorization of appropriations. Sec. 202. Relation to funding table. Subtitle B— Program Requirements, Restrictions, and Limitations Sec. 211. Extension and enhancement of Global Research Watch Program. Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology Panel.
Sec. 213. Elimination of report requirements regarding Defense Science and Technology Program. Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure and Government purpose rights license associated with the Navy-Marine Corps intranet. Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible program. Sec. 216. Separate program elements required for research and development of individual body armor and associated components. Sec. 217.
Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft. Sec. 218. Restriction on obligation of funds for Army tactical ground network program pending receipt of report. Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabilities for the Army. Sec. 220. Guidance on budget justification materials describing funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities.
Sec. 221. Assessment of technological maturity and integration risk of Army modernization programs. Sec. 222. Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets. Subtitle C— Missile Defense Programs Sec. 231. Sense of Congress on ballistic missile defense. Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System. Sec. 233. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska.
Sec. 234. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe. Sec. 235. Authorization of funds for development and deployment of alternative missile defense systems in Europe.123 STAT. 2192 Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile defense system. Sec. 237. Study on discrimination capabilities of ballistic missile defense system. Sec. 238. Ascent phase missile defense strategy and plan. Sec. 239.
Extension of deadline for study on boost-phase missile defense. Subtitle D— Reports Sec. 241. Repeal of requirement for biennial joint warfighting science and technology plan. Sec. 242. Modification of reporting requirement for defense nanotechnology research and development program. Sec. 243. Comptroller General assessment of coordination of energy storage device requirements, purchases, and investments. Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft acquisition program.
Sec. 245. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities. Sec. 246. Report on future research and development of man-portable and vehicle-mounted guided missile systems. Sec. 247. Report on the development of command and control systems. Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. Subtitle E— Other Matters Sec. 251. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base.
Sec. 252. Establishment of program to enhance participation of historically black colleges and universities and minority-serving institutions in defense research programs. Sec. 253. Extension of authority to award prizes for advanced technology achievements. Sec. 254. Authority for National Aeronautics and Space Administration federally funded research and development centers to participate in merit-based technology research and development programs. Sec. 255. Next generation bomber aircraft.
TITLE III— OPERATION AND MAINTENANCE Subtitle A— Authorization of Appropriations Sec. 301. Operation and maintenance funding. Sec. 302. Relation to funding table. Subtitle B— Environmental Provisions Sec. 311. Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs. Sec. 312. Reauthorization of title I of Sikes Act. Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species management for military installations in Guam. Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia. Sec. 316. Procurement and use of munitions. Sec. 317. Prohibition on disposing of waste in open-air burn pits. Sec. 318. Military munitions response sites. Subtitle C— Workplace and Depot Issues Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions. Sec. 323. Policy regarding installation of major modifications and upgrades. Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. Sec. 325. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor. Sec. 326. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor.
Sec. 327. Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal employees to performance by a contractor.123 STAT. 2193 Sec. 328. Improvement of inventory management practices. Sec. 329. Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and repair workloads. Subtitle D— Energy Security Sec. 331. Authorization of appropriations for Director of Operational Energy.
Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs. Sec. 333. Report on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations. Sec. 334. Report on use of renewable fuels to meet energy requirements of Department of Defense. Sec. 335. Energy security on Department of Defense installations. Subtitle E— Reports Sec. 341. Annual report on procurement of military working dogs.
Sec. 342. Plan for managing vegetative encroachment at training ranges. Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B Harrier aircraft. Sec. 344. Study on Army modularity. Subtitle F— Other Matters Sec. 351. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes. Sec. 352. Policy on ground combat and camouflage utility uniforms. Sec. 353. Condition-based maintenance demonstration programs.
Sec. 354. Extension of arsenal support program initiative. TITLE IV— MILITARY PERSONNEL AUTHORIZATIONS Subtitle A— Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revision in permanent active duty end strength minimum levels. Sec. 403. Additional authority for increases of Army active-duty end strengths for fiscal years 2011 and 2012. Subtitle B— Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and Students account for the Army National Guard. Sec. 417. Report on requirements of the National Guard for non-dual status technicians. Sec. 418. Expansion of authority of Secretaries of the military departments to increase certain end strengths to include Selected Reserve end strengths.
Subtitle C— Authorization of Appropriations Sec. 421. Military personnel. Sec. 422. Repeal of delayed one-time shift of military retirement payments. TITLE V— MILITARY PERSONNEL POLICY Subtitle A— Officer Personnel Policy Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. Sec. 502. Modification of limitations on general and flag officers on active duty. Sec. 503. Revisions to annual reporting requirement on joint officer management. Sec. 504. Extension of temporary increase in maximum number of days leave members may accumulate and carryover.
Sec. 505. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA–21) officer candidate program. Sec. 506. Independent review of judge advocate requirements of the Department of the Navy. Subtitle B— General Service Authorities Sec. 511. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment.123 STAT. 2194 Sec. 512. Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury.
Sec. 513. Legal assistance for additional reserve component members. Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for Reserve units when certain suspension of training is likely. Sec. 515. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces. Sec. 516. Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities.
Subtitle C— Education and Training Sec. 521. Detail of commissioned officers as students at schools of psychology. Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve Officers’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United States. Sec. 523. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences. Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills to assist in providing mental health care.
Sec. 525. Department of Defense undergraduate nurse training program. Sec. 526. Increase in number of private sector civilians authorized for admission to National Defense University. Sec. 527. Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands. Sec. 528. Athletic association for the Air Force Academy. Sec. 529. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense.
Subtitle D— Defense Dependents’ Education Sec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 532. Impact aid for children with severe disabilities. Sec. 533. Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 534. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents.
Sec. 535. Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe. Sec. 536. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid. Sec. 537. Study on options for educational opportunities for dependent children of members of the Armed Forces when public schools attended by such children are determined to need improvement.
Sec. 538. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces. Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children. Subtitle E— Missing or Deceased Persons Sec. 541. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons.
Sec. 542. Policy and procedures on media access and attendance by family members at ceremonies for the dignified transfer of remains of members of the Armed Forces who die overseas. Sec. 543. Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member. Sec. 544. Sense of Congress on the recovery of the remains of members of the Armed Forces who were killed during World War II in the battle of Tarawa Atoll. Subtitle F— Decorations and Awards Sec. 551.
Authorization and request for award of Medal of Honor to Anthony T. Kaho’ohanohano for acts of valor during the Korean War.123 STAT. 2195 Sec. 552. Authorization and request for award of Distinguished-Service Cross to Jack T. Stewart for acts of valor during the Vietnam War. Sec. 553. Authorization and request for award of Distinguished-Service Cross to William T. Miles, Jr., for acts of valor during the Korean War. Subtitle G— Military Family Readiness Matters Sec. 561. Establishment of online resources to provide information about benefits and services available to members of the Armed Forces and their families.
Sec. 562. Additional members on Department of Defense Military Family Readiness Council. Sec. 563. Support for military families with special needs. Sec. 564. Pilot program to secure internships for military spouses with Federal agencies. Sec. 565. Family and medical leave for family of servicemembers. Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services. Sec. 567. Improved prevention and response to allegations of sexual assault involving members of the Armed Forces.
Sec. 568. Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families. Sec. 569. Report on impact of domestic violence on military families. Sec. 570. Report on international intrafamilial abduction of children of members of the Armed Forces. Sec. 571. Assessment of impact of deployment of members of the Armed Forces on their dependent children. Sec. 572. Report on child custody litigation involving service of members of the Armed Forces.
Sec. 573. Comptroller General report on child care assistance for members of the Armed Forces. Subtitle H— Military Voting Sec. 575. Short title. Sec. 576. Clarification regarding delegation of State responsibilities to local jurisdictions. Sec. 577. Establishment of procedures for absent uniformed services voters and overseas voters to request and for States to send voter registration applications and absentee ballot applications by mail and electronically. Sec. 578. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters.
Sec. 579. Ensuring absent uniformed services voters and overseas voters have time to vote. Sec. 580. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. Sec. 581. Federal write-in absentee ballot. Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and Federal write-in absentee ballots for failure to meet certain requirements. Sec. 583. Federal Voting Assistance Program Improvements.
Sec. 584. Development of standards for reporting and storing certain data. Sec. 585. Repeal of provisions relating to use of single application for all subsequent elections. Sec. 586. Reporting requirements. Sec. 587. Annual report on enforcement. Sec. 588. Requirements payments. Sec. 589. Technology pilot program. Subtitle I— Other Matters Sec. 591. Clarification of performance policies for military musical units and musicians. Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.
Sec. 593. Modification of matching fund requirements under National Guard Youth Challenge Program. Sec. 594. Expansion of Military Leadership Diversity Commission to include reserve component representatives. Sec. 595. Expansion of suicide prevention and community healing and response training under the Yellow Ribbon Reintegration Program. Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces.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.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.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.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.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.123 STAT. 2201 TITLE XI— CIVILIAN PERSONNEL MATTERS Subtitle A— Personnel Sec. 1101. Authority to employ individuals completing the National Security Education Program. Sec. 1102. Authority for employment by Department of Defense of individuals who have successfully completed the requirements of the science, mathematics, and research for transformation (SMART) defense scholarship program.
Sec. 1103. Authority for the employment of individuals who have successfully completed the Department of Defense information assurance scholarship program. Sec. 1104. Extension and modification of experimental personnel management program for scientific and technical personnel. Sec. 1105. Modification to Department of Defense laboratory personnel authority. Sec. 1106. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1107. Extension of certain benefits to Federal civilian employees on official duty in Pakistan. Sec. 1108. Requirement for Department of Defense strategic workforce plans. Sec. 1109. Adjustments to limitations on personnel and requirement for annual manpower reporting. Sec. 1110. Pilot program for the temporary exchange of information technology personnel. Sec. 1111. Availability of funds for compensation of certain civilian employees of the Department of Defense. Sec. 1112.
Department of defense civilian leadership program. Sec. 1113. Provisions relating to the National Security Personnel System. Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel System. Subtitle B— Provisions Relating to Reemployment of Annuitants Sec. 1121. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants. Sec. 1122. Part-time reemployment. Sec. 1123. Government Accountability Office report.
TITLE XII— MATTERS RELATING TO FOREIGN NATIONS Subtitle A— Assistance and Training Sec. 1201. One-year extension of authority for security and stabilization assistance. Sec. 1202. Expansion of authority and modification of notification and reporting requirements for use of authority for support of special operations to combat terrorism. Sec. 1203. Modification of report on foreign-assistance related programs carried out by the Department of Defense. Sec. 1204. Report on authorities to build the capacity of foreign military forces and related matters.
Sec. 1205. Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint Forces Command. Sec. 1206. Modification of authorities relating to program to build the capacity of foreign military forces. Sec. 1207. Authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries. Sec. 1208. Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.
Sec. 1209. Enhancing Iraqi security through defense cooperation between the United States and Iraq. Sec. 1210. Availability of appropriated funds for the State Partnership Program. Subtitle B— Matters Relating to Iraq, Afghanistan, and Pakistan Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq. Sec. 1222. One-year extension and expansion of Commanders’ Emergency Response Program. Sec. 1223. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1224. Pakistan Counterinsurgency Fund.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.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.123 STAT. 2204 Sec. 1912. Extension of locality pay. Sec. 1913. Adjustment of special rates. Sec. 1914. Transition schedule for locality-based comparability payments. Sec. 1915. Savings provision. Sec. 1916. Application to other eligible employees. Sec. 1917. Election of additional basic pay for annuity computation by employees. Sec. 1918. Regulations. Sec. 1919. Effective dates. DIVISION B— MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001.
Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Relation to funding tables. Sec. 2004. General reduction across division. TITLE XXI— ARMY Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Improvements to military family housing units. Sec. 2104. Authorization of appropriations, Army. Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. TITLE XXII— NAVY Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification and extension of authority to carry out certain fiscal year 2006 project. TITLE XXIII— AIR FORCE Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force project. Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. Sec. 2308. Conveyance to Indian tribes of certain housing units. TITLE XXIV— DEFENSE AGENCIES Subtitle A— Defense Agency Authorizations Sec. 2401.
Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Family Housing. Sec. 2403. Energy conservation projects. Sec. 2404. Authorization of appropriations, Defense Agencies. Sec. 2405. Termination or modification of authority to carry out certain fiscal year 2009 projects. Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. Subtitle B— Chemical Demilitarization Authorizations Sec. 2411.
Authorization of appropriations, chemical demilitarization construction, defense-wide. TITLE XXV— NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. TITLE XXVI— GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.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.123 STAT. 2206 Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pacific region. Subtitle D— Energy Security Sec. 2841. Adoption of unified energy monitoring and utility control system specification for military construction and military family housing activities.
Sec. 2842. Department of Defense goal regarding use of renewable energy sources to meet facility energy needs. Sec. 2843. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods. Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. Sec. 2845. Study on development of nuclear power plants on military installations. Sec. 2846. Comptroller General report on Department of Defense renewable energy initiatives, including solar initiatives, on military installations.
Subtitle E— Land Conveyances Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, California. Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility to City of Ferndale, California. Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui areas, Pearl Harbor, Hawaii.
Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New York. Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming.
Subtitle F— Other Matters Sec. 2871. Revised authority to establish national monument to honor United States Armed Forces working dog teams. Sec. 2872. National D–Day Memorial study. Sec. 2873. Conditions on establishment of Cooperative Security Location in Palanquero, Colombia. Sec. 2874. Military activities at United States Marine Corps Mountain Warfare Training Center. TITLE XXIX— OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition projects. Sec. 2903. Construction authorization for facilities for Office of Defense Representative-Pakistan. DIVISION C— DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI— DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A— National Security Programs Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103.
Other defense activities. Sec. 3104. Defense nuclear waste disposal. Sec. 3105. Energy security and assurance. Sec. 3106. Relation to funding tables. Subtitle B— Program Authorizations, Restrictions, and Limitations Sec. 3111. Stockpile stewardship program. Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile stewardship program. Sec. 3113. Stockpile management program. Sec. 3114. Dual validation of annual weapons assessment and certification. Sec. 3115.
Elimination of nuclear weapons life extension program from exception to requirement to request funds in budget of the President.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.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. [10 USC 101 note](/us/usc/t10/s101).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](/us/usc/t10/s101/a/16). 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.123 STAT. 2209 Sec. 123.
Report on strategic plan for homeporting the Littoral Combat Ship. Sec. 124. Advance procurement funding. Sec. 125. Procurement programs for future naval surface combatants. Sec. 126. Ford-class aircraft carrier report. Sec. 127. Report on a service life extension program for Oliver Hazard Perry class frigates. Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or EA–18G aircraft. Subtitle D— Air Force Programs Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.
Sec. 132. Revised availability of certain funds available for the F–22A fighter aircraft. Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. Sec. 134. AC–130 gunships. Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re-engining. Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. Sec. 137. Limitation on retirement of C–5 aircraft. Sec. 138. Reports on strategic airlift aircraft. Sec. 139. Strategic airlift force structure.
Subtitle E— Joint and Multiservice Matters Sec. 141. Body armor procurement. Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. Sec. 143. Modification of nature of data link for use by tactical unmanned aerial vehicles. Subtitle A—Authorization of Appropriations SEC. 101. ARMY. Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Army as follows:(1) For aircraft, $5,110,352,000.(2) For missiles, $1,368,109,000.(3) For weapons and tracked combat vehicles, $2,439,052,000.(4) For ammunition, $2,058,895,000.(5) For other procurement, $9,450,863,000.
SEC. 102. NAVY AND MARINE CORPS.(a) Navy.—Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Navy as follows:(1) For aircraft, $18,842,112,000.(2) For weapons, including missiles and torpedoes, $3,446,019,000.(3) For shipbuilding and conversion, $13,776,867,000.(4) For other procurement, $5,610,581,000.(b) Marine Corps.—Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Marine Corps in the amount of $1,603,738,000.(c) Navy and Marine Corps Ammunition.—Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement of ammunition for the Navy and the Marine Corps in the amount of $814,015,000.
SEC. 103. AIR FORCE. Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Air Force as follows:(1) For aircraft, $11,224,371,000.123 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](/us/usc/t10/s2400), 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;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 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](/us/usc/t10/s231); 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](/us/usc/t31/s1105/a), for each fiscal year, the Secretary of the Navy shall submit to 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](/us/pl/109/163); [119 Stat. 3157](/us/stat/119/3157)), as amended by section 125 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 29](/us/stat/122/29)) and section 122 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4376](/us/stat/122/4376)), is repealed. SEC. 122. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A MAJOR DEFENSE ACQUISITION PROGRAM. EffectiveEffective 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](/us/usc/t10/ch144). 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](/us/usc/t31/s1105/a), 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.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) [10 USC 7291 note](/us/usc/t10/s7291).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. Deadlines.[10 USC 7291 note](/us/usc/t10/s7291).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 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](/us/usc/t31/s1105)).(b) Future Surface Combatant Acquisition Strategy.—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) 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 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.—Plans.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](/us/usc/t10), 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](/us/usc/t31/s1105)).(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.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](/us/usc/t10/s2306b), 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](/us/usc/t10/s2306b), 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 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) 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.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](/us/pl/110/417); [122 Stat. 4378](/us/stat/122/4378)) 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](/us/pl/110/417); [122 Stat. 4373](/us/stat/122/4373)) 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.—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 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](/us/usc/t10/s118). 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).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](/us/pl/110/181); [122 Stat. 31](/us/stat/122/31)) 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) 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) 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) 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; and123 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](/us/usc/t10/s8062/g/2)). 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).123 STAT. 2223 SEC. 139. STRATEGIC AIRLIFT FORCE STRUCTURE. Subsection (g)(1) of [section 8062 of title 10, United States Code](/us/usc/t10/s8062), 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 [10 USC 221 note](/us/usc/t10/s221).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](/us/usc/t31/s1105), 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 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](/us/pl/109/163); [119 Stat. 3164](/us/stat/119/3164)) is amended by striking “, until such time as the Tactical Common Data Link standard is replaced by an updated standard for use by those vehicles” and inserting “or a data link that uses waveform capable of transmitting and receiving Internet Protocol communications”. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A— Authorization of Appropriations Sec. 201. Authorization of appropriations. Sec. 202. Relation to funding table. Subtitle B— Program Requirements, Restrictions, and Limitations Sec. 211. Extension and enhancement of Global Research Watch Program. Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology Panel. Sec. 213. Elimination of report requirements regarding Defense Science and Technology Program. Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure and Government purpose rights license associated with the Navy-Marine Corps intranet.123 STAT. 2224 Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible program. Sec. 216. Separate program elements required for research and development of individual body armor and associated components. Sec. 217. Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft. Sec. 218. Restriction on obligation of funds for Army tactical ground network program pending receipt of report. Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabilities for the Army. Sec. 220. Guidance on budget justification materials describing funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities. Sec. 221. Assessment of technological maturity and integration risk of Army modernization programs. Sec. 222. Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets. Subtitle C— Missile Defense Programs Sec. 231. Sense of Congress on ballistic missile defense. Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System. Sec. 233. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska. Sec. 234. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe. Sec. 235. Authorization of funds for development and deployment of alternative missile defense systems in Europe. Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile defense system. Sec. 237. Study on discrimination capabilities of ballistic missile defense system. Sec. 238. Ascent phase missile defense strategy and plan. Sec. 239. Extension of deadline for study on boost-phase missile defense. Subtitle D— Reports Sec. 241. Repeal of requirement for biennial joint warfighting science and technology plan. Sec. 242. Modification of reporting requirement for defense nanotechnology research and development program. Sec. 243. Comptroller General assessment of coordination of energy storage device requirements, purchases, and investments. Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft acquisition program. Sec. 245. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities. Sec. 246. Report on future research and development of man-portable and vehicle-mounted guided missile systems. Sec. 247. Report on the development of command and control systems. Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. Subtitle E— Other Matters Sec. 251. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base. Sec. 252. Establishment of program to enhance participation of historically black colleges and universities and minority-serving institutions in defense research programs. Sec. 253. Extension of authority to award prizes for advanced technology achievements. Sec. 254. Authority for National Aeronautics and Space Administration federally funded research and development centers to participate in merit-based technology research and development programs. Sec. 255. Next generation bomber aircraft. 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](/us/usc/t10/s2365), is amended by adding at the end the following new paragraph:"“(3)(A) 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](/us/usc/t10/s2521), 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 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. SectionRepeal. 212 of the National Defense Authorization Act for Fiscal Year 2000 ([10 U.S.C. 2501 note](/us/usc/t10/s2501)) 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.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](/us/usc/t10/s2366/e/7)) until the Secretary of Defense, in consultation with the Director of National Intelligence—(1) 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)](/us/usc/t50/s401a/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)](/us/usc/t50/s401a/7)) the assessment referred to in paragraph (1); and(3) 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. [10 USC 221 note](/us/usc/t10/s221).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](/us/usc/t31/s1105), of the 123 STAT. 2228 budget for fiscal year 2011, and each subsequent fiscal year, the Secretary shall ensure that within each research, development, test, and evaluation account of each military department a separate, dedicated program element is assigned to the research and development of individual body armor and associated components. SEC. 217. [10 USC 221 note](/us/usc/t10/s221).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](/us/usc/t31/s1105), 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: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.—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](/us/usc/t31/s1105/a)), 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. [10 USC 221 note](/us/usc/t10/s221).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 123 STAT. 2230 to [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a)) 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](/us/usc/t10/s196/h). 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 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 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 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](/us/usc/t31/s1105), the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required 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](/us/usc/t10/s221), 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](/us/usc/t31/s1105), 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) 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 123 STAT. 2234 does not allow a break in production of the Ground-based Interceptor missile until the Secretary has—(1) Review.completed the Ballistic Missile Defense Review;(2) 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) 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.—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. [10 USC 2431 note](/us/usc/t10/s2431).LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OR DEPLOYMENT OF MISSILE DEFENSES IN EUROPE. No 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 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) 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](/us/usc/t10/s221), 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.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.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](/us/pl/110/417); [122 Stat. 4392](/us/stat/122/4392)) 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](/us/usc/t10/s2501)) 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](/us/pl/107/314); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking subsection
(e)and inserting the following new subsection (e):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)](/us/usc/t15/s7501/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 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](/us/pl/108/136); [117 Stat. 1576](/us/stat/117/1576)), 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; and123 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 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](/us/usc/t10/s196/c), 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; and123 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](/us/usc/t10/ch139), is amended by inserting after section 2361 the following new section:"“§ 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.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.](/us/usc/t20/s1051/etseq)); 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](/us/usc/t10/s2374a), is amended by striking “September 30, 2010” and inserting “September 30, 2013”. SEC. 254. [15 USC 3715 note](/us/usc/t15/s3715).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](/us/pl/103/337); 108 Stat 2695), as amended by section 3136 of the National Defense Authorization Act for Fiscal Year 1999 ([Public Law 105–261](/us/pl/105/261)), is amended—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 123 STAT. 2245 particularly for extending deterrence in time of crisis, as their deployment is visible and signals U.S. commitment. Bombers also impose a significant cost burden on potential adversaries in terms of the need to invest in advanced air defenses”.(9) The commanders of the United States Pacific Command, the United States Strategic Command, and the United States Joint Forces Command have each testified before the Committee on Armed Services of the Senate in support of the capability that the next generation bomber aircraft would provide.(10) On June 17, 2009, General James Cartwright, Vice-Chairman of the Joint Chiefs of Staff and chair of the Joint Requirements Oversight Council, stated during a hearing before the Committee on Armed Services of the Senate that “the nation needs a new bomber”.(11) Nearly half of the United States bomber aircraft inventory (47 percent) pre-dates the Cuban Missile Crisis.(12) The only air-breathing strike platforms the United States possesses today with reach and survivability to have a chance of successfully executing missions more than 1,000 nautical miles into enemy territory from the last air-to-air refueling are 16 combat ready B-2 bomber aircraft.(13) The B-2 bomber aircraft was designed in the 1980s and achieved initial operational capability over a decade ago.(14) The crash of an operational B-2 bomber aircraft during takeoff at Guam in early 2008 indicates that attrition can and does occur even in peacetime.(15) The primary mission requirement of the next generation bomber aircraft is the ability to strike targets anywhere on the globe with whatever weapons the contingency requires.(16) The requisite aerodynamic, structural, and low-observable technologies to develop the next generation bomber aircraft already exist in fifth-generation fighter aircraft.(b) Policy on Continued Development of Next Generation Bomber Aircraft in Fiscal Year 2010.—It is the policy of the United States to support a development program for next generation bomber aircraft technologies. TITLE III—OPERATION AND MAINTENANCE Subtitle A— Authorization of Appropriations Sec. 301. Operation and maintenance funding. Sec. 302. Relation to funding table. Subtitle B— Environmental Provisions Sec. 311. Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs. Sec. 312. Reauthorization of title I of Sikes Act. Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installations. Sec. 314. Reauthorization of pilot program for invasive species management for military installations in Guam. Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia. Sec. 316. Procurement and use of munitions. Sec. 317. Prohibition on disposing of waste in open-air burn pits.123 STAT. 2246 Sec. 318. Military munitions response sites. Subtitle C— Workplace and Depot Issues Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance. Sec. 322. Time limitation on duration of public-private competitions. Sec. 323. Policy regarding installation of major modifications and upgrades. Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. Sec. 325. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor. Sec. 326. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor. Sec. 327. Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal employees to performance by a contractor. Sec. 328. Improvement of inventory management practices. Sec. 329. Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and repair workloads. Subtitle D— Energy Security Sec. 331. Authorization of appropriations for Director of Operational Energy. Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs. Sec. 333. Report on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations. Sec. 334. Report on use of renewable fuels to meet energy requirements of Department of Defense. Sec. 335. Energy security on Department of Defense installations. Subtitle E— Reports Sec. 341. Annual report on procurement of military working dogs. Sec. 342. Plan for managing vegetative encroachment at training ranges. Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B Harrier aircraft. Sec. 344. Study on Army modularity. Subtitle F— Other Matters Sec. 351. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes. Sec. 352. Policy on ground combat and camouflage utility uniforms. Sec. 353. Condition-based maintenance demonstration programs. Sec. 354. Extension of arsenal support program initiative. Subtitle A—Authorization of Appropriations SEC. 301. OPERATION AND MAINTENANCE FUNDING. Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:(1) For the Army, $31,263,332,000.(2) For the Navy, $35,041,274,000.(3) For the Marine Corps, $5,543,223,000.(4) For the Air Force, $34,527,149,000.(5) For Defense-wide activities, $28,327,396,000.(6) For the Army Reserve, $2,620,196,000.(7) For the Naval Reserve, $1,278,501,000.(8) For the Marine Corps Reserve, $228,925,000.(9) For the Air Force Reserve, $3,079,228,000.(10) For the Army National Guard, $6,262,184,000.123 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](/us/usc/t10/s2694c), 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](/us/pl/110/417/dB); [122 Stat. 4730](/us/stat/122/4730); [10 U.S.C. 2687 note](/us/usc/t10/s2687)).”". SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT.(a) Reauthorization.—Section 108 of the Sikes Act ([16 U.S.C. 670f](/us/usc/t16/s670f)) 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”.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](/us/usc/t16/s670c–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)](/us/usc/t16/s670a/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](/us/usc/t10/s2215), 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.123 STAT. 2249 SEC. 316. PROCUREMENT AND USE OF MUNITIONS. The Secretary of Defense shall—(1) 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) 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) 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. [10 USC 2701 note](/us/usc/t10/s2701).PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN PITS.(a) Regulations.—(1) In general.—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. 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) 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) 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;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](/us/usc/t10/s101/a/13).(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)](/us/usc/t42/s6903/5));(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](/us/usc/t10/s2710/a/2/B), 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](/us/usc/t10/s2461/a), 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) [10 USC 2461 note](/us/usc/t10/s2461).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.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](/us/usc/t10/s2461/a), 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) Determination.determines that the competition is of such complexity that it cannot be completed within 24 months; and“(II) 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 Notice.the Secretary decides not to terminate a competition, the Secretary shall submit to Congress written notice 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) 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) 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) [10 USC 2461 note](/us/usc/t10/s2461).Effective Date.—Paragraph
(5)of [section 2461(a) of title 10, United States Code](/us/usc/t10/s2461/a), 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) 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](/us/usc/t10/s2461/a/5/B), 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](/us/usc/t10/s2466), 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.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](/us/usc/t10/s4544/a), as added by section 328(a)(1) of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 66](/us/stat/122/66)), 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](/us/pl/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](/us/pl/110/181); [122 Stat. 67](/us/stat/122/67)) [10 USC 4544 note](/us/usc/t10/s4544).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](/us/usc/t10/s4544/g).”". SEC. 325. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.(a) Temporary Suspension.—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](/us/usc/t10), 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](/us/usc/t10), as amended by section 321 of this Act;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](/us/usc/t10/s2461/a/4).(c) Comptroller General Review.—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.—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](/us/usc/t10/s2330a);(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](/us/usc/t10/s236). SEC. 326. [31 USC 501 note](/us/usc/t31/s501).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](/us/usc/t31), 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](/us/usc/t10/s2305/b/6/A), section 303B(f) of the Federal Property and Administrative Services Act of 1949 ([41 U.S.C. 253b(f)](/us/usc/t41/s253b/f)), and subparts 15.505 and 15.506 (as 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](/us/usc/t31/s3551/1), 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](/us/usc/t31/s3551), 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](/us/usc/t31/s3554/b), 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.—[31 USC 3551 note](/us/usc/t31/s3551).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. [10 USC 2458 note](/us/usc/t10/s2458).IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES.(a) Inventory Management Practices Improvement Plan Required.—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 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](/us/usc/t10/s2466/d/1), 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”.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](/us/usc/t10/s139b), 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](/us/usc/t10/s2925/a), is amended—(1) in paragraph (1), by inserting after “([Public Law 109-58](/us/pl/109/58)),” the following: “section 2911(e) of this title, section 533 of the National Energy Conservation Policy Act ([42 U.S.C. 8259b](/us/usc/t42/s8259b)),”;(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](/us/usc/t10/s2925/a), 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) 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.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.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. [10 USC 2911 note](/us/usc/t10/s2911).ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLATIONS.(a) Plan for Energy Security Required.—(1) In general.—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.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](/us/pl/110/417); [122 Stat. 4427](/us/stat/122/4427); [10 U.S.C. 2302 note](/us/usc/t10/s2302)) 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](/us/usc/t10/s2583/f), 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 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.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 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.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](/us/usc/t10/s2642/a), is amended by adding at the end the following new paragraph:"“(3) 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](/us/usc/t10/s2642/a), 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. [10 USC 771 note](/us/usc/t10/s771) 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;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) 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](/us/usc/t10), 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 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](/us/usc/t10/s4551)), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 69](/us/stat/122/69)), is further amended—(1) in subsection (a), by striking “2010” and inserting “2011”; and(2) in subsection (g)(1), by striking “2010” and inserting “2011”. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A— Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revision in permanent active duty end strength minimum levels. Sec. 403. Additional authority for increases of Army active-duty end strengths for fiscal years 2011 and 2012. Subtitle B— Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and Students account for the Army National Guard. Sec. 417. Report on requirements of the National Guard for non-dual status technicians.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](/us/usc/t10/s691/b), 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](/us/usc/t10/s123a), 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 123 STAT. 2266 vary authorized end strengths that is provided in subsections
(e)and
(f)of [section 115 of title 10, United States Code](/us/usc/t10/s115).(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, 2,261.123 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](/us/usc/t10/s129)) 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](/us/usc/t10/s10217/c/2), 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](/us/usc/t10/s10217/a). 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](/us/usc/t10/s115/b), 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.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](/us/usc/t10/s115), 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—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](/us/pl/110/417); [122 Stat. 4581](/us/stat/122/4581)) is repealed.(b) Effect on Earlier Transfer.—The repeal of section 1002 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 by subsection
(a)shall not affect the validity of the transfer of funds made pursuant to subsection
(e)of such section before the date of the enactment of this Act. TITLE V—MILITARY PERSONNEL POLICY Subtitle A— Officer Personnel Policy Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. Sec. 502. Modification of limitations on general and flag officers on active duty. Sec. 503. Revisions to annual reporting requirement on joint officer management. Sec. 504. Extension of temporary increase in maximum number of days leave members may accumulate and carryover.123 STAT. 2270 Sec. 505. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA–21) officer candidate program. Sec. 506. Independent review of judge advocate requirements of the Department of the Navy. Subtitle B— General Service Authorities Sec. 511. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment. Sec. 512. Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury. Sec. 513. Legal assistance for additional reserve component members. Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for Reserve units when certain suspension of training is likely. Sec. 515. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces. Sec. 516. Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities. Subtitle C— Education and Training Sec. 521. Detail of commissioned officers as students at schools of psychology. Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve Officers’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United States. Sec. 523. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences. Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills to assist in providing mental health care. Sec. 525. Department of Defense undergraduate nurse training program. Sec. 526. Increase in number of private sector civilians authorized for admission to National Defense University. Sec. 527. Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands. Sec. 528. Athletic association for the Air Force Academy. Sec. 529. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Subtitle D— Defense Dependents’ Education Sec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 532. Impact aid for children with severe disabilities. Sec. 533. Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 534. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents. Sec. 535. Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe. Sec. 536. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid. Sec. 537. Study on options for educational opportunities for dependent children of members of the Armed Forces when public schools attended by such children are determined to need improvement. Sec. 538. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces. Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children. Subtitle E— Missing or Deceased Persons Sec. 541. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons. Sec. 542. Policy and procedures on media access and attendance by family members at ceremonies for the dignified transfer of remains of members of the Armed Forces who die overseas.123 STAT. 2271 Sec. 543. Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member. Sec. 544. Sense of Congress on the recovery of the remains of members of the Armed Forces who were killed during World War II in the battle of Tarawa Atoll. Subtitle F— Decorations and Awards Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. Kaho’ohanohano for acts of valor during the Korean War. Sec. 552. Authorization and request for award of Distinguished-Service Cross to Jack T. Stewart for acts of valor during the Vietnam War. Sec. 553. Authorization and request for award of Distinguished-Service Cross to William T. Miles, Jr., for acts of valor during the Korean War. Subtitle G— Military Family Readiness Matters Sec. 561. Establishment of online resources to provide information about benefits and services available to members of the Armed Forces and their families. Sec. 562. Additional members on Department of Defense Military Family Readiness Council. Sec. 563. Support for military families with special needs. Sec. 564. Pilot program to secure internships for military spouses with Federal agencies. Sec. 565. Family and medical leave for family of servicemembers. Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services. Sec. 567. Improved prevention and response to allegations of sexual assault involving members of the Armed Forces. Sec. 568. Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families. Sec. 569. Report on impact of domestic violence on military families. Sec. 570. Report on international intrafamilial abduction of children of members of the Armed Forces. Sec. 571. Assessment of impact of deployment of members of the Armed Forces on their dependent children. Sec. 572. Report on child custody litigation involving service of members of the Armed Forces. Sec. 573. Comptroller General report on child care assistance for members of the Armed Forces. Subtitle H— Military Voting Sec. 575. Short title. Sec. 576. Clarification regarding delegation of State responsibilities to local jurisdictions. Sec. 577. Establishment of procedures for absent uniformed services voters and overseas voters to request and for States to send voter registration applications and absentee ballot applications by mail and electronically. Sec. 578. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters. Sec. 579. Ensuring absent uniformed services voters and overseas voters have time to vote. Sec. 580. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. Sec. 581. Federal write-in absentee ballot. Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and Federal write-in absentee ballots for failure to meet certain requirements. Sec. 583. Federal Voting Assistance Program Improvements. Sec. 584. Development of standards for reporting and storing certain data. Sec. 585. Repeal of provisions relating to use of single application for all subsequent elections. Sec. 586. Reporting requirements. Sec. 587. Annual report on enforcement. Sec. 588. Requirements payments. Sec. 589. Technology pilot program. Subtitle I— Other Matters Sec. 591. Clarification of performance policies for military musical units and musicians. Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.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](/us/usc/t10/s156/c), is amended by striking “, while so serving, hold the” and inserting “be appointed in the regular”.(b) [10 USC 156 note](/us/usc/t10/s156).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](/us/usc/t10), 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](/us/usc/t10) (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](/us/usc/t10/s12004/a), are adequate to provide 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](/us/usc/t10/s12004/a), 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](/us/usc/t10), 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](/us/usc/t10/s525), 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;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) 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”.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) Applicability.The exception in paragraph
(1)does apply to the position of Chief of the National Guard Bureau.“(3) 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—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) 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) 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.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](/us/pl/110/417); [122 Stat. 4434](/us/stat/122/4434); [10 U.S.C. 525 note](/us/usc/t10/s525)) is repealed. SEC. 503. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT OFFICER MANAGEMENT. [Section 667 of title 10, United States Code](/us/usc/t10/s667), 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](/us/usc/t10/s701/d), 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](/us/usc/t10/s6328), 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 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.—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;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](/us/usc/t31/s1342), 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](/us/usc/t5/ch57/schI), while away from their homes or regular places of business in the performance or services for the panel.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](/us/usc/t10/s1218), 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) 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](/us/usc/t10/ch59), is amended by inserting after section 1176 the following new section:"“§ 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) 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 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.”".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](/us/usc/t10/s1044/a/4), 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. [10 USC 10101 note](/us/usc/t10/s10101).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.—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.—Termination date.Until December 31, 2014, in the event of a suspension of training (other than an anticipated suspension of training described in subsection 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](/us/pl/109/364); [120 Stat. 2215](/us/stat/120/2215)) 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](/us/usc/t10/ch101), is amended by inserting after section 2004a the following new section:"“§ 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 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 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](/us/usc/t10/s2107a/h), 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](/us/usc/t10/s2113a/b/1), 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](/us/usc/t10/s2121/a), 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”; and123 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](/us/usc/t10/s2117), 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:"“§ 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](/us/usc/t10/ch101), is amended by adding at the end the following new section:"“§ 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 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.—Deadline.[10 USC 2016 note](/us/usc/t10/s2016).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](/us/usc/t10/s2169), 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 123 STAT. 2288 2016 of [title 10, United States Code](/us/usc/t10), 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](/us/usc/t10/s2167/a), 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](/us/usc/t10/s4342/a/10), 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) [10 USC 4342 note](/us/usc/t10/s4342).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.123 STAT. 2289 SEC. 528. ATHLETIC ASSOCIATION FOR THE AIR FORCE ACADEMY.(a) In General.—[Chapter 903 of title 10, United States Code](/us/usc/t10/ch903), is amended by adding at the end the following new section:"“§ 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.” ".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. [10 USC 2001 note](/us/usc/t10/s2001) 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.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](/us/pl/109/163); [119 Stat. 3271](/us/stat/119/3271); [20 U.S.C. 7703b](/us/usc/t20/s7703b)).(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)](/us/usc/t20/s7713/9)).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](/us/pl/106/398); [114 Stat. 1654A–77](/us/stat/114/1654A–77); [20 U.S.C. 7703a](/us/usc/t20/s7703a)). 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](/us/pl/109/163); [119 Stat. 3271](/us/stat/119/3271); [20 U.S.C. 7703b(b)(4)](/us/usc/t20/s7703b/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](/us/usc/t10/s2164), 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](/us/usc/t20/s923a)) 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.”.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)](/us/usc/t20/s7703/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)](/us/usc/t20/s6316/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.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](/us/pl/110/417); [122 Stat. 4468](/us/stat/122/4468)).(B) Section 571 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 119](/us/stat/122/119)).(C) Section 572 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ([Public Law 109–364](/us/pl/109/364); [120 Stat. 2225](/us/stat/120/2225)).(D) Section 574 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ([120 Stat. 2226](/us/stat/120/2226); [20 U.S.C. 7703b note](/us/usc/t20/s7703b)).(E) Section 575 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ([120 Stat. 2227](/us/stat/120/2227); [10 U.S.C. 1788 note](/us/usc/t10/s1788)).123 STAT. 2295(F) Section 572 of the National Defense Authorization Act for Fiscal Year 2006 ([Public Law 109–163](/us/pl/109/163); [119 Stat. 3271](/us/stat/119/3271); [20 U.S.C. 7703b](/us/usc/t20/s7703b)).(G) Section 574 of the National Defense Authorization Act for Fiscal Year 2006 ([119 Stat. 3273](/us/stat/119/3273)).(H) Section 558 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ([Public Law 108–375](/us/pl/108/375); [118 Stat. 1916](/us/stat/118/1916)).(I) Section 559 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ([118 Stat. 1917](/us/stat/118/1917)).(J) Section 536 of the National Defense Authorization Act for Fiscal Year 2004 ([Public Law 108–136](/us/pl/108/136); [117 Stat. 1474](/us/stat/117/1474)).(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)](/us/usc/t20/s7703/b/2/H)).(L) Section 341 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ([Public Law 107–314](/us/pl/107/314); [116 Stat. 2514](/us/stat/116/2514)).(M) Section 344 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ([116 Stat. 2515](/us/stat/116/2515)).(N) Section 351 of the National Defense Authorization Act for Fiscal Year 2002 ([Public Law 107–107](/us/pl/107/107); [115 Stat. 1063](/us/stat/115/1063)).(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](/us/pl/106/398); [114 Stat. 1654A–76](/us/stat/114/1654A–76)).(P) Section 364 of the National Defense Authorization Act for Fiscal Year 2001 ([114 Stat. 1654A–78](/us/stat/114/1654A–78))(2) Payments made under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ([114 Stat. 1654A–77](/us/stat/114/1654A–77); [20 U.S.C. 7703a](/us/usc/t20/s7703a)).(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;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](/us/usc/t10/s1509), is amended to read as follows:"“§ 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](/us/pl/106/65); [10 U.S.C. 1501 note](/us/usc/t10/s1501)).“(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, 1975.123 STAT. 2297“(5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.“(6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.“(b) Implementation Process.—(1) The Secretary of Defense shall implement the program within the Department of Defense POW/MIA accounting community.“(2) For purposes of paragraph (1), the term ‘**POW/MIA accounting community**’ means:“(A) The Defense Prisoner of War/Missing Personnel Office (DPMO).“(B) The Joint POW/MIA Accounting Command (JPAC).“(C) The Armed Forces DNA Identification Laboratory (AFDIL).“(D) The Life Sciences Equipment Laboratory of the Air Force (LSEL).“(E) The casualty and mortuary affairs offices of the military departments.“(F) Any other element of the Department of Defense whose mission (as designated by the Secretary of Defense) involves the accounting for and recovery of members of the armed forces who are missing in action, prisoners of war, or unaccounted for.“(c) Treatment as Missing Persons.—Each unaccounted for person covered by subsection
(a)shall be considered to be a missing person for purposes of the applicability of other provisions of this chapter to the person.“(d) Establishment of Personnel Files.—(1) Records.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 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) [10 USC 1509 note](/us/usc/t10/s1509).Implementation.—(1) Priority.—A priority of the program required by [section 1509 of title 10, United States Code](/us/usc/t10/s1509), 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](/us/pl/104/106); [110 Stat. 336](/us/stat/110/336)) 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](/us/usc/t10/s1509), 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 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](/us/usc/t10/s1513/3/B).(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) [10 USC 1482 note](/us/usc/t10/s1482).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.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](/us/usc/t37/s411f), is amended—(A) by redesignating subsections
(e)and
(f)as subsections
(f)and (g), respectively; and123 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:"“§ 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) [37 USC 411f note](/us/usc/t37/s411f).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 123 STAT. 2301 report evaluating the potential effects of expanding the list of persons under [section 1482(c) of title 10, United States Code](/us/usc/t10/s1482/c), 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) President.Authorization.—Notwithstanding the time limitations specified in [section 3744 of title 10, United States Code](/us/usc/t10/s3744), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to former Private First Class Anthony T. Kaho’ohanohano for the acts of valor during the Korean War described in subsection (b).(b) Acts of Valor Described.—The acts of valor referred to in subsection
(a)are the actions of then Private First Class Anthony T. Kaho’ohanohano of Company H of the 17th Infantry Regiment of the 7th Infantry Division on September 1, 1951, during the Korean War for which he was originally awarded the Distinguished-Service Cross. SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO JACK T. STEWART FOR ACTS OF VALOR DURING THE VIETNAM WAR.(a) Authorization.—Notwithstanding the time limitations specified in [section 3744 of title 10, United States Code](/us/usc/t10/s3744), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of such title to former Captain 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](/us/usc/t10/s3744), 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. [10 USC 1781 note](/us/usc/t10/s1781).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.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](/us/usc/t10/s1781a/b), 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)”.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](/us/usc/t10/ch88/schI), is amended by inserting after section 1781b the following new section:"“§ 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 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 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: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](/us/pl/110/181); [122 Stat. 133](/us/stat/122/133); [10 U.S.C. 1781 note](/us/usc/t10/s1781)) is repealed.(b) [10 USC 1781c note](/us/usc/t10/s1781c).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.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](/us/usc/t10/s1781c/i) (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. [10 USC 1784 note](/us/usc/t10/s1784).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.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](/us/usc/t29/s2611)) 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](/us/usc/t10/s101/a/13/B).”"; 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](/us/usc/t29/s2612)) is amended—(i) in subsection (a)(1)(E)—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)](/us/usc/t29/s2613/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](/us/usc/t29/s2611)) (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](/us/usc/t29/s2611)) 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 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](/us/usc/t38/s101).”".(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)](/us/usc/t29/s2612/e/2/A)) is amended by striking “or parent” and inserting “parent, or covered servicemember”.(5) [29 USC 2611 note](/us/usc/t29/s2611).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](/us/usc/t5/s6381/7), 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](/us/usc/t10/s101/a/13/B);”".(B) Leave.—[Section 6382 of title 5, United States Code](/us/usc/t5/s6382), 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](/us/usc/t5/s6383/f), is amended by striking “section 6382(a)(3)” and inserting “paragraph (1)(E) or
(3)of section 6382(a)”.123 STAT. 2312(2) Definition of covered servicemember.—Paragraph
(8)of [section 6381 of title 5, United States Code](/us/usc/t5/s6381), 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](/us/usc/t5/s6381), 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](/us/usc/t38/s101).”".(4) Technical amendment.—[Section 6382(e)(2)(A) of title 5, United States Code](/us/usc/t5/s6382/e/2/A), is amended by striking “or parent” and inserting “parent, or covered servicemember”.(5) [5 USC 6381 note](/us/usc/t5/s6381).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.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](/us/pl/108/375); [118 Stat. 1924](/us/stat/118/1924); [10 U.S.C. 4331 note](/us/usc/t10/s4331)) 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.—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](/us/pl/108/375); [10 U.S.C. 4331 note](/us/usc/t10/s4331)).(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.—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.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.—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](/us/usc/t10/s1079/a/17), as added by section 701 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ([Public Law 109–364](/us/pl/109/364); [120 Stat. 2279](/us/stat/120/2279)).(c) [10 USC 113 note](/us/usc/t10/s113).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.—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 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.—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.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.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.123 STAT. 2318(8) Such other recommendations for legislative or administrative action as the Secretary considers appropriate. SEC. 573. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE FOR MEMBERS OF THE ARMED FORCES.(a) In General.—Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on financial assistance for child care provided by the Department of Defense to members of the Armed Forces (including members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation).(b) Elements.—The report required by subsection
(a)shall include an assessment of the following:(1) The types of financial assistance for child care made available by the Department of Defense to members of the Armed Forces (including members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation).(2) The extent to which such members have taken advantage of such assistance since such assistance was first made available.(3) The formulas used for calculating the amount of such assistance provided to such members.(4) The funding allocated to such assistance.(5) The remaining costs of child care to families of such members that are not covered by the Department of Defense.(6) Any barriers to access to such assistance faced by such members and the families of such members.(7) The different criteria used by different States with respect to the regulation of child care services and the potential impact differences in such criteria may have on the access of such members to such assistance.(8) The different standards and criteria used by different programs of the Department of Defense for providing such assistance with respect to child care providers and the potential impact differences in such standards and criteria may have on the access of such members to such assistance.(9) The number of qualified families that do not receive any financial assistance for child care made available by the Department of Defense.(10) Any other matters the Comptroller General determines relevant to the improvement of financial assistance to expand access for child care made available by the Department of Defense to members of the Armed Forces (including members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation). Subtitle H—Military and Overseas Voter Empowerment Act.Military Voting SEC. 575. [42 USC 1971 note](/us/usc/t42/s1971).SHORT TITLE. This subtitle may be cited as the “Military and Overseas Voter Empowerment Act”.123 STAT. 2319 SEC. 576. [42 USC 1973ff–1 note](/us/usc/t42/s1973ff–1).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.](/us/usc/t42/s1973ff/etseq)) 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](/us/usc/t42/s1973ff–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; and123 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.—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.—[42 USC 1973ff–1 note](/us/usc/t42/s1973ff–1).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.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](/us/usc/t42/s1973ff–1)), as amended by section 577, is amended—(1) in subsection (a)—(A) in paragraph (5), by striking “and” at the end;(B) in paragraph (6), by striking the period at the end and inserting “; and”; and(C) by adding at the end the following new paragraph:"“(7) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to absent uniformed services voters and overseas voters with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (f).”"; and(2) by adding at the end the following new subsection:"“(f) Transmission of Blank Absentee Ballots by Mail and Electronically.—“(1) In general.—Each State shall establish procedures—“(A) to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (B)) to absent uniformed services voters and overseas voters for an election for Federal office; and“(B) by which the absent uniformed services voter or overseas voter can designate whether the voter prefers that such blank absentee ballot be transmitted by mail or electronically.“(2) Transmission if no preference indicated.—In the case where an absent uniformed services voter or overseas voter does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.“(3) Security and privacy protections.—“(A) Security protections.—To the extent practicable, States shall ensure that the procedures established under subsection (a)(7) protect the security and integrity of absentee ballots.“(B) Privacy protections.—To the extent practicable, the procedures established under subsection (a)(7) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter to whom a blank absentee ballot is transmitted under such subsection is protected throughout the process of such transmission.”".(b) Effective Date.—[42 USC 1973ff–1 note](/us/usc/t42/s1973ff–1).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.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)](/us/usc/t42/s1973ff–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) 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.—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; and123 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) 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)](/us/usc/t42/s1973ff–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.”".123 STAT. 2324(c) Effective Date.—[42 USC 1973ff–1 note](/us/usc/t42/s1973ff–1).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.](/us/usc/t42/s1973ff/etseq)) is amended by inserting after section 103 the following new section:"“SEC. 103A. 42 USC1973ff–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](/us/usc/t39/s3406), such marked absentee 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)](/us/usc/t42/s1973ff/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)](/us/usc/t42/s1973ff–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)](/us/usc/t42/s1973ff–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)](/us/usc/t42/s1973ff/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: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.—[42 USC 1973ff note](/us/usc/t42/s1973ff).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](/us/usc/t42/s1973ff–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.—[42 USC 1973ff note](/us/usc/t42/s1973ff).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](/us/usc/t42/s1973ff–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.—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; and123 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](/us/usc/t42/s1973ff–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](/us/usc/t42/s1973ff–2)) is amended—(1) by redesignating subsection
(f)as subsection (g); and(2) by inserting after subsection
(e)the following new subsection:"“(f) Prohibiting Refusal To Accept Ballot for Failure To Meet Certain Requirements.—A State shall not refuse to accept and process any otherwise valid Federal write-in absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following:“(1) Notarization requirements.“(2) Restrictions on paper type, including weight and size.“(3) Restrictions on envelope type, including weight and size.”".(c) Effective Date.—[42 USC 1973ff–1 note](/us/usc/t42/s1973ff–1).The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. SEC. 583. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.(a) Federal Voting Assistance Program Improvements.—(1) In general.—The Uniformed and Overseas Citizens Absentee Voting Act ([42 U.S.C. 1973ff et seq.](/us/usc/t42/s1973ff/etseq)), as amended by section 580(a), is amended by inserting after section 103A the following new section:123 STAT. 2328 "“SEC. 103B. 42 USC1973ff–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](/us/usc/t42/s1973ff)), 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.—[42 USC 1973ff note](/us/usc/t42/s1973ff).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](/us/usc/t10/ch80), is amended by inserting after section 1566 the following new section:"“§ 1566a. Voting assistance: voter assistance offices“(a) Designation of Offices on Military Installations as Voter Assistance Offices.—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 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](/us/usc/t42/s1973ff)).“(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.](/us/usc/t42/s1973ff/etseq)).“(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 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)](/us/usc/t42/s1973gg–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)](/us/usc/t42/s1973ff–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)](/us/usc/t42/s1973ff–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)](/us/usc/t42/s1973ff/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)](/us/usc/t42/s1973ff/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)](/us/usc/t42/s1973ff–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 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.—[42 USC 1973ff note](/us/usc/t42/s1973ff).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](/us/usc/t42/s1973ff–3)) are repealed.(b) Conforming Amendments.—The Uniformed and Overseas Citizens Absentee Voting Act ([42 U.S.C. 1973ff et seq.](/us/usc/t42/s1973ff/etseq)) is amended—(1) in section 101(b)—[42 USC 1973ff](/us/usc/t42/s1973ff).(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.](/us/usc/t42/s1973ff/etseq)) is amended by inserting after section 105 the following new section:"“SEC. 105A. 42 USC1973ff–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.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](/us/usc/t10/s1566a).“(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](/us/usc/t10/s1566a), 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.” ".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](/us/usc/t42/s1973f–4)) [42 USC 1973ff–4](/us/usc/t42/s1973ff–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)](/us/usc/t42/s15401/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)](/us/usc/t42/s15404/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)](/us/usc/t42/s15403/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)](/us/usc/t42/s15403/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)](/us/usc/t42/s15403/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: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)](/us/usc/t42/s15407/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. [42 USC 1973ff–7](/us/usc/t42/s1973ff–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.](/us/usc/t42/s1973ff/etseq)).(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.](/us/usc/t42/s1973ff/etseq)).(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.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](/us/pl/107/107); [115 Stat. 1277](/us/stat/115/1277); [42 U.S.C. 1977ff note](/us/usc/t42/s1977ff)), as amended by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ([Public Law 108–375](/us/pl/108/375); [118 Stat. 1919](/us/stat/118/1919)) 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](/us/pl/108/375); [118 Stat. 1919](/us/stat/118/1919)).(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](/us/usc/t10/s974), is amended to read as follows:123 STAT. 2336 "“§ 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; or123 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](/us/usc/t10/ch647), is amended by inserting after section 7541a the following new section:"“§ 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](/us/usc/t32/s509/d/1), is amended by striking “60 percent of the costs” and inserting “75 percent of the costs”.(b) Effective Date.—[32 USC 509 note](/us/usc/t32/s509).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.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](/us/pl/110/417); [122 Stat. 4476](/us/stat/122/4476)) 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](/us/pl/110/181); [10 U.S.C. 10101 note](/us/usc/t10/s10101)) 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—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. [10 USC 1071 note](/us/usc/t10/s1071).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.—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 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); and123 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.—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](/us/pl/110/387); [112 Stat. 4112](/us/stat/112/4112)).(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.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 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) 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.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](/us/pl/110/181); [122 Stat. 122](/us/stat/122/122); [10 U.S.C. 10101 note](/us/usc/t10/s10101)) 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; and123 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. [10 USC 113 note](/us/usc/t10/s113).REPORTS ON PROGRESS IN COMPLETION OF CERTAIN INCIDENT INFORMATION MANAGEMENT TOOLS. Not later than 120 days after the date of the enactment of this Act, and every six months thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the progress of the Secretary with respect to the completion of the following:(1) The Defense Incident-Based Reporting System.(2) The Defense Sexual Assault Incident Database. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A— Pay and Allowances Sec. 601. Fiscal year 2010 increase in military basic pay. Sec. 602. Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents. Sec. 603. Special compensation for members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living. Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program for certain periods before implementation of program. Sec. 605. Report on housing standards and housing surveys used to determine basic allowance for housing. Sec. 606. Comptroller General comparative assessment of military and private-sector pay and benefits.123 STAT. 2346 Subtitle B— Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. Sec. 616. One-year extension of authorities relating to payment of referral bonuses. Sec. 617. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar benefits for certain members. Sec. 618. Proration of certain special and incentive pays to reflect time during which a member satisfies eligibility requirements for the special or incentive pay. Sec. 619. Additional assignment pay or special duty pay authorized for members agreeing to serve in Afghanistan for extended periods. Sec. 620. Temporary authority for monthly special pay for members of the Armed Forces subject to continuing active duty or service under stop-loss authorities. Sec. 621. Army authority to provide additional recruitment incentives. Sec. 622. Report on recruitment and retention of members of the Air Force in nuclear career fields. Subtitle C— Travel and Transportation Allowances Sec. 631. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremonies. Sec. 632. Travel and transportation allowances for designated individuals of wounded, ill, or injured members of the uniformed services for duration of inpatient treatment. Sec. 633. Authorized travel and transportation allowances for non-medical attendants for very seriously and seriously wounded, ill, or injured members. Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on active duty and their dependents for travel for specialty care under exceptional circumstances. Sec. 635. Report on adequacy of weight allowances for transportation of baggage and household effects for members of the uniformed services. Subtitle D— Disability, Retired Pay, and Survivor Benefits Sec. 641. Transition assistance for reserve component members injured while on active duty. Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. Sec. 643. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement. Sec. 644. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Forces. Sec. 645. Treatment as active service for retired pay purposes of service as member of Alaska Territorial Guard during World War II. Subtitle E— Commissary and Nonappropriated Fund Instrumentality Benefits and Operations Sec. 651. Limitation on Department of Defense entities offering personal information services to members and their dependents. Sec. 652. Report on impact of purchasing from local distributors all alcoholic beverages for resale on military installations on Guam. Subtitle F— Other Matters Sec. 661. Limitations on collection of overpayments of pay and allowances erroneously paid to members. Sec. 662. Sense of Congress on airfares for members of the Armed Forces. Sec. 663. Sense of Congress on establishment of flexible spending arrangements for the uniformed services. Sec. 664. Sense of Congress regarding support for compensation, retirement, and other military personnel programs. 123 STAT. 2347 Subtitle A—Pay and Allowances SEC. 601. [37 USC 1009 note](/us/usc/t37/s1009).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](/us/usc/t37/s1009), in the rates of monthly basic pay authorized members of the uniformed services shall not be made.(b) Increase in Basic Pay.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](/us/usc/t37/s402a/a), 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) [37 USC 402a note](/us/usc/t37/s402a).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.](/us/usc/t7/s2011/etseq)) 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](/us/usc/t37/s402a).(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.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](/us/usc/t37/ch7), is amended by adding at the end the following new section:"“§ 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) 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).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) 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](/us/usc/t37/s439), 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 123 STAT. 2350 such compensation that made such members eligible for such compensation.(c) Clerical Amendment.—The table of sections at the beginning of chapter 7 of such title is amended by adding at the end the following new item: " “439. Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living.”. " SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM FOR CERTAIN PERIODS BEFORE IMPLEMENTATION OF PROGRAM.(a) In General.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.123 STAT. 2351(2) The term “**Secretary concerned**” has the meaning given that term in [section 101(5) of title 37, United States Code](/us/usc/t37/s101/5).(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](/us/usc/t37/s403).(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: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](/us/usc/t37), 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.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](/us/usc/t10), 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](/us/usc/t37), 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](/us/usc/t37), 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](/us/usc/t37), 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.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](/us/usc/t37/ch5), 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](/us/usc/t10), 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](/us/usc/t37/s303a/e), 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](/us/pl/110/417); [122 Stat. 4495](/us/stat/122/4495)), as paragraph (3); and123 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](/us/pl/110/317); [122 Stat. 3526](/us/stat/122/3526)) 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](/us/pl/110/417); [122 Stat. 4495](/us/stat/122/4495)), 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) 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](/us/usc/t37/s310), is amended—(1) in subsection (a)—(A) by striking “and Special Pay Amount” in the subsection heading; and123 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 123 STAT. 2357 by the member under section 206 of this title for inactive-duty training.”". SEC. 619. [37 USC 352 note](/us/usc/t37/s352).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](/us/usc/t37/s352), 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](/us/usc/t37/s352), 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](/us/usc/t37/s352), 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. [37 USC 301 note](/us/usc/t37/s301).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.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](/us/usc/t10), 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 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. [10 USC 503 note](/us/usc/t10/s503).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](/us/pl/109/163); [119 Stat. 3321](/us/stat/119/3321)) 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 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](/us/usc/t37/s411f), 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](/us/usc/t37/s411h), 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.—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 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)”; and123 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:"“§ 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](/us/usc/t10/s1071)) is amended by striking “411h(b)(1)” and inserting “411h(b)(3)(B)”.(i) [37 USC 411h note](/us/usc/t37/s411h).Applicability of Amendments.—No reimbursement may be provided under [section 411h of title 37, United States Code](/us/usc/t37/s411h), 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](/us/usc/t37/ch7), is amended by inserting after section 411j the following new section:"“§ 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.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.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) [37 USC 411k note](/us/usc/t37/s411k).Applicability.—No reimbursement may be provided under [section 411k of title 37, United States Code](/us/usc/t37/s411k), 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](/us/usc/t10/s1074i), is amended—(1) by redesignating subsections
(b)and
(c)as subsections
(c)and (d), respectively; and123 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](/us/usc/t37/s406/b/1/C); 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](/us/usc/t10/ch61), is amended by inserting after section 1218 the following new section:"“§ 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.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.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](/us/usc/t10/s12739), 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; and123 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](/us/usc/t10/s12741), 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”; and123 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:"“§ 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.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. [10 USC 1401 note](/us/usc/t10/s1401).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](/us/pl/106/259); [114 Stat. 705](/us/stat/114/705)) 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](/us/usc/t10), as applicable, of the retired pay to which such individual may be entitled under [title 10, United States Code](/us/usc/t10).(b) Applicability.Effective date.—Subsection
(a)shall apply with respect to amounts of retired pay payable under [title 10, United States Code](/us/usc/t10), 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](/us/usc/t38/s101/8). Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations SEC. 651. 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](/us/usc/t10/ch147/schIII), is amended by inserting after section 2492 the following new section:"“§ 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, 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) [10 USC 2492a note](/us/usc/t10/s2492a).Effect on Existing Contracts.—[Section 2492a of title 10, United States Code](/us/usc/t10/s2492a), 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](/us/pl/110/116/dA); [121 Stat. 1331](/us/stat/121/1331)) 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.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](/us/usc/t37/s1007), 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) Notification.the member is notified of the overpayment; and“(ii) 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.[37 USC 1007 note](/us/usc/t37/s1007).—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; and123 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.123 STAT. 2372 TITLE VII—HEALTH CARE PROVISIONS Subtitle A— Improvements to Health Benefits Sec. 701. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions. Sec. 702. Health care for members of the reserve components. Sec. 703. Enhancement of transitional dental care for members of the reserve components on active duty for more than 30 days in support of a contingency operation. Sec. 704. Expansion of survivor eligibility under TRICARE dental program. Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60. Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to Medicare part A hospital insurance benefits. Sec. 707. Notification of certain individuals regarding options for enrollment under Medicare part B. Sec. 708. Mental health assessments for members of the Armed Forces deployed in connection with a contingency operation. Sec. 709. Temporary TRICARE inpatient fee modification. Subtitle B— Health Care Administration Sec. 711. Comprehensive policy on pain management by the military health care system. Sec. 712. Administration and prescription of psychotropic medications for members of the Armed Forces before and during deployment. Sec. 713. Cooperative health care agreements between military installations and non-military health care systems. Sec. 714. Plan to increase the mental health capabilities of the Department of Defense. Sec. 715. Department of Defense study on management of medications for physically and psychologically wounded members of the Armed Forces. Sec. 716. Limitation on obligation of funds under defense health program information technology programs. Subtitle C— Other Matters Sec. 721. Study and plan to improve military health care. Sec. 722. Study, plan, and pilot for the mental health care needs of dependent children of members of the Armed Forces. Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former members of the Armed Forces. Sec. 724. Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces. Sec. 725. Chiropractic clinical trials. Sec. 726. Independent study on post-traumatic stress disorder efforts. Sec. 727. Report on implementation of requirements on the relationship between the TRICARE program and employer-sponsored group health plans. Sec. 728. Report on stipends for members of reserve components for health care for certain dependents. Subtitle A—Improvements to Health Benefits SEC. 701. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS. Subsection
(a)of section 721 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 198](/us/stat/122/198); [10 U.S.C. 129c note](/us/usc/t10/s129c)) 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”.123 STAT. 2373 SEC. 702. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS. [Section 1074(d)(1)(B) of title 10, United States Code](/us/usc/t10/s1074/d/1/B), 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](/us/usc/t10/s1145/a), 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](/us/usc/t10/s1076a/k), is amended to read as follows:"“(3) 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.”".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](/us/usc/t10/ch55), is amended by inserting after section 1076d the following new section:"“§ 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). 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) 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 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[10 USC 1076e note](/us/usc/t10/s1076e)..—[Section 1076e of title 10, United States Code](/us/usc/t10/s1076e), 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](/us/usc/t10/s1086/d), 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.”".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](/us/usc/t10/ch55), is amended by adding at the end the following new section:"“§ 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.](/us/usc/t42/s1395j/etseq)).“(2) In carrying out this subsection, the Secretary of Defense shall—“(A) Procedures.establish procedures for identifying individuals described in subsection (b); and“(B) 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](/us/usc/t42/s1395c)) under section 226(b) or section 226A of such Act ([42 U.S.C. 426(b)](/us/usc/t42/s426/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.](/us/usc/t42/s1395j/etseq)).” ".(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. [10 USC 1074f note](/us/usc/t10/s1074f).MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION.(a) Mental Health Assessments.—(1) In general.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.123 STAT. 2377(C) 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 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](/us/pl/110/181/tXVI); [10 U.S.C. 1071 note](/us/usc/t10/s1071)), including in particular, section 1614 of that Act ([122 Stat. 443](/us/stat/122/443); [10 U.S.C. 1071 note](/us/usc/t10/s1071)).(B) [Section 1720F of title 38, United States Code](/us/usc/t38/s1720F).(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](/us/usc/t10/s101/a/13).(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](/us/usc/t10/s1086/b/3), is amended by striking “September 30, 2009” and inserting “September 30, 2010”. Subtitle B—Health Care Administration SEC. 711. [10 USC 1071 note](/us/usc/t10/s1071).COMPREHENSIVE POLICY ON PAIN MANAGEMENT BY THE MILITARY HEALTH CARE SYSTEM.(a) Comprehensive Policy Required.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.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. [10 USC 1074f note](/us/usc/t10/s1074f).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.Deadline.—Not later than October 1, 2010, the Secretary shall establish and implement a policy for the use of 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. [10 USC 1073 note](/us/usc/t10/s1073).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) 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) Determination.determine the cost avoidance or savings resulting from innovative partnerships between the Department of Defense and the private sector; and(4) 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](/us/usc/t10/ch55).123 STAT. 2381 SEC. 714. [10 USC 1071 note](/us/usc/t10/s1071).PLAN TO INCREASE THE MENTAL HEALTH CAPABILITIES OF THE DEPARTMENT OF DEFENSE.(a) Increased Authorizations.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](/us/pl/109/163); [119 Stat. 3348](/us/stat/119/3348)).(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](/us/usc/t10/ch105/schI), 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](/us/pl/110/417); [122 Stat. 4489](/us/stat/122/4489)).(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.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, 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.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](/us/usc/t10/s132), 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](/us/pl/110/181/tXVI); [10 U.S.C. 1071 note](/us/usc/t10/s1071)), as amended by section 252 of the Duncan Hunter National Defense Authorization Act for Fiscal Year for 2009 ([Public Law 110-417](/us/pl/110/417); [122 Stat. 4400](/us/stat/122/4400)).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](/us/usc/t10/s2222).(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.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.123 STAT. 2385 Subtitle C—Other Matters SEC. 721. [10 USC 1071 note](/us/usc/t10/s1071).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](/us/usc/t10/s1072/2)). 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](/us/pl/104/201); [110 Stat. 2593](/us/stat/110/2593); [10 U.S.C. 1073 note](/us/usc/t10/s1073))).(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 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](/us/usc/t31/s1105/a)), 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: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](/us/usc/t10/s1072/3).(2) The term “**TRICARE program**” has the meaning given that term in [section 1072(7) of title 10, United States Code](/us/usc/t10/s1072/7). SEC. 722. [10 USC 1077 note](/us/usc/t10/s1077).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) 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 123 STAT. 2388 of Representatives a report on the review conducted under paragraph (1), including the findings and recommendations of the Secretary as a result of the review.(b) Comprehensive Plan for Improvements in Access to Care and Counseling.—The Secretary shall develop and implement a comprehensive plan for improvements in access to quality mental health care and counseling services for military children in order to develop and promote psychological health and resilience in children of deploying and deployed members of the Armed Forces. The information in the report required by subsection
(a)shall provide the basis for the development of the plan.(c) Pilot Program.—(1) Elements.—The Secretary of the Army shall carry out a pilot program on the mental health care needs of military children and adolescents. In carrying out the pilot program, the Secretary shall establish a center to—(A) develop teams to train primary care managers in mental health evaluations and treatment of common psychiatric disorders affecting children and adolescents;(B) develop strategies to reduce barriers to accessing behavioral health services and encourage better use of the programs and services by children and adolescents; and(C) expand the evaluation of mental health care using common indicators, including—(i) psychiatric hospitalization rates;(ii) non-psychiatric hospitalization rates; and(iii) mental health relative value units.(2) Reports.—(A) Not later than 90 days after establishing the pilot program, the Secretary of the Army shall submit to the congressional defense committees a report describing the—(i) structure and mission of the program; and(ii) the resources allocated to the program.(B) Not later than September 30, 2012, the Secretary of the Army shall submit to the congressional defense committees a report that addresses the elements described under paragraph (1). SEC. 723. CLINICAL TRIAL ON COGNITIVE REHABILITATIVE THERAPY FOR MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES.(a) Clinical Trial Required.—The Secretary of Defense shall provide for a clinical trial to assess the efficacy of cognitive rehabilitative therapy for members or former members of the Armed Forces described in subsection (b).(b) Covered Members and Former Members.—A member or former member of the Armed Forces described in this subsection is a member or former member of the Armed Forces who—(1) has been diagnosed with a traumatic brain injury
(TBI)incurred in the line of duty in Operation Iraqi Freedom or Operation Enduring Freedom; and(2) is referred by a qualified physician, as determined by the Secretary, for cognitive rehabilitative therapy.(c) Funding.—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](/us/usc/t10/ch56), 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 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](/us/pl/110/417); [122 Stat. 4509](/us/stat/122/4509))).(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; and123 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.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](/us/pl/110/181/tXVI); [122 Stat. 460](/us/stat/122/460); [10 U.S.C. 1071 note](/us/usc/t10/s1071)).(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.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.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](/us/usc/t5/s3161).(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.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](/us/usc/t10/s1072/5)).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.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; and123 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](/us/usc/t10/s1097c), 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](/us/usc/t10/s1097c), 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](/us/pl/110/181); [122 Stat. 188](/us/stat/122/188); [10 U.S.C. 1076 note](/us/usc/t10/s1076)). 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.123 STAT. 2398 TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A— Acquisition Policy and Management Sec. 801. Temporary authority to acquire products and services produced in countries along a major route of supply to Afghanistan; report. Sec. 802. Assessment of improvements in service contracting. Sec. 803. Display of annual budget requirements for procurement of contract services and related clarifying technical amendments. Sec. 804. Implementation of new acquisition process for information technology systems. Sec. 805. Life-cycle management and product support. Sec. 806. Treatment of non-defense agency procurements under joint programs with intelligence community. Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, and equipment for military operations. Subtitle B— Amendments to General Contracting Authorities, Procedures, and Limitation Sec. 811. Justification and approval of sole-source contracts. Sec. 812. Revision of Defense Supplement relating to payment of costs prior to definitization. Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. Sec. 814. Amendment to notification requirements for awards of single source task or delivery orders. Sec. 815. Clarification of uniform suspension and debarment requirement. Sec. 816. Extension of authority for use of simplified acquisition procedures for certain commercial items. Sec. 817. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs. Sec. 818. Small arms production industrial base matters. Sec. 819. Contract authority for advanced component development or prototype units. Sec. 820. Publication of notification of bundling of contracts of the Department of Defense. Subtitle C— Contractor Matters Sec. 821. Authority for Government support contractors to have access to technical data belonging to prime contractors. Sec. 822. Extension and enhancement of authorities on the Commission on Wartime Contracting in Iraq and Afghanistan. Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to companies found to jeopardize health or safety of Government personnel. Subtitle D— Acquisition Workforce Matters Sec. 831. Enhancement of expedited hiring authority for defense acquisition workforce positions. Sec. 832. Funding of Department of Defense Acquisition Workforce Development Fund. Sec. 833. Review of post-employment restrictions applicable to the Department of Defense. Sec. 834. Review of Federal acquisition workforce training and hiring. Subtitle E— Other Matters Sec. 841. Reports to Congress on full deployment decisions for major automated information system programs. Sec. 842. Authorization to take actions to correct the industrial resource shortfall for high-purity beryllium metal. Sec. 843. Report on rare earth materials in the defense supply chain. Sec. 844. Comptroller General report on structure and management of subcontractors under contracts for major weapon systems. Sec. 845. Study of the use of factors other than cost or price as the predominate factors in evaluating competitive proposals for defense procurement contracts.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.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](/us/pl/110/181); [122 Stat. 266](/us/stat/122/266); [10 U.S.C. 2302 note](/us/usc/t10/s2302)).(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.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](/us/usc/t10/s2330).(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](/us/usc/t10/s2330)) 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](/us/pl/108/136/tXIV); [117 Stat. 1671](/us/stat/117/1671); [41 U.S.C. 405 note](/us/usc/t41/s405)) 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](/us/usc/t10/ch9), is amended by inserting after section 234 the following new section:"“§ 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; but123 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](/us/pl/110/181); [10 U.S.C. 221 note](/us/usc/t10/s221)) is repealed.(b) Clarification of Contract Services Review and Planning Requirements.—[Section 2330a(e) of title 10, United States Code](/us/usc/t10/s2330a/e), 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](/us/usc/t10/s2330a/c), 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. [10 USC 2225 note](/us/usc/t10/s2225).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; and123 STAT. 2403(5) include the Secretary’s recommendations for any legislation that may be required to implement the new acquisition process. SEC. 805. [10 USC 2302 note](/us/usc/t10/s2302).LIFE-CYCLE MANAGEMENT AND PRODUCT SUPPORT.(a) Guidance on Life-cycle Management.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](/us/pl/109/364); [120 Stat. 2330](/us/stat/120/2330)) [10 USC 1701 note](/us/usc/t10/s1701).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 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](/us/usc/t10/s2302d). 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](/us/usc/t10/s2304)) 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)](/us/usc/t50/s401a/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. [10 USC 113 note](/us/usc/t10/s113).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.123 STAT. 2405(b) 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. [41 USC 421 note](/us/usc/t41/s421).JUSTIFICATION AND APPROVAL OF SOLE-SOURCE CONTRACTS.(a) In GeneralDeadline..—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](/us/usc/t10), 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)](/us/usc/t41/s253/f/1/C) and 253(j)), as applicable.(b) Elements of Justification.—The justification of a sole-source contract required pursuant to subsection
(a)shall include the following:(1) A description of the needs of the agency concerned for the matters covered by the contract.(2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract.(3) A determination that the use of a sole-source contract is in the best interest of the agency concerned.(4) A determination that the anticipated cost of the contract will be fair and reasonable.(5) Such other matters as the head of the agency concerned shall specify for purposes of this section.(c) Definitions.—In this section: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](/us/usc/t10/s2304/f/2/D/ii).(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)](/us/usc/t41/s253/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](/us/usc/t10/s2302/1); 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)](/us/usc/t41/s259/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](/us/usc/t10/s2304/f/1/B); 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)](/us/usc/t41/s253/f/1/B)). SEC. 812. [10 USC 2326 note](/us/usc/t10/s2326).REVISION OF DEFENSE SUPPLEMENT RELATING TO PAYMENT OF COSTS PRIOR TO DEFINITIZATION.(a) Revision Required.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](/us/pl/110/181); [10 U.S.C. 2326 note](/us/usc/t10/s2326)). 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](/us/pl/110/181); [122 Stat. 258](/us/stat/122/258); [10 U.S.C. 2302 note](/us/usc/t10/s2302)) 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”;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](/us/pl/110/181); [122 Stat. 259](/us/stat/122/259); [10 U.S.C. 2302 note](/us/usc/t10/s2302)) 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](/us/pl/110/181); [122 Stat. 259](/us/stat/122/259); [10 U.S.C. 2302 note](/us/usc/t10/s2302)) 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](/us/pl/110/181); [122 Stat. 400](/us/stat/122/400)) [8 USC 1157 note](/us/usc/t8/s1157).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](/us/usc/t10/s2304a/d/3), is amended to read as follows:"“(B) 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) [10 USC 2304a note](/us/usc/t10/s2304a).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](/us/usc/t10/s2304a/d/3), 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 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](/us/usc/t31/s6101)) 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)](/us/usc/t41/s431/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](/us/pl/104/106/dD); [110 Stat. 652](/us/stat/110/652); [10 U.S.C. 2304 note](/us/usc/t10/s2304)) as amended by section 822 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 226](/us/stat/122/226)) 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](/us/usc/t10/s2445d), 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) [10 USC 2445d note](/us/usc/t10/s2445d).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](/us/usc/t10/s2445d) (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](/us/usc/t10/ch144); 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](/us/usc/t10). 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](/us/usc/t10/s2473/c), 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.—123 STAT. 2409(1) Review.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](/us/usc/t10/s2473/c)) 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](/us/usc/t10/s2473/d), 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](/us/usc/t10/s2473), or the list under subsection
(d)of such section. SEC. 819. [10 USC 2302 note](/us/usc/t10/s2302).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](/us/usc/t10/s2302/2/B), may contain a contract line item or contract option for—(1) the provision of advanced component development or prototype of technology developed under the contract; or(2) the delivery of initial or additional prototype items if the item or a prototype thereof is created as the result of work performed under the contract.(b) Limitations.—(1) Minimal amount.—A contract line item or contract option described in subsection (a)(2) shall require the delivery of the minimal amount of initial or additional prototype items to allow for the timely competitive solicitation and award of a follow-on development or production contract for those items.(2) Term.—A contract line item or contract option described in subsection
(a)shall be for a term of not more than 12 months.(3) Dollar value of work.—The dollar value of the work to be performed pursuant to a contract line item or contract option described in subsection
(a)may not exceed the lesser of the amounts as follows:(A) The amount that is three times the dollar value of the work previously performed under the contract.(B) $20,000,000.(4) Termination of authority.—A military department or defense agency may not exercise a contract line item or contract option pursuant to the authority provided in subsection
(a)after September 30, 2014.(c) Report.—The Secretary of Defense shall submit to the congressional defense committees a report on the use of the 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. [10 USC 2304 note](/us/usc/t10/s2304).PUBLICATION OF NOTIFICATION OF BUNDLING OF CONTRACTS OF THE DEPARTMENT OF DEFENSE.(a) Requirement to Publish Notification for Bundling.—AWeb 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](/us/usc/t5/s552/b), 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.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](/us/usc/t10/s2320), 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, 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](/us/pl/110/181); [122 Stat. 230](/us/stat/122/230)) 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. [10 USC 2302 note](/us/usc/t10/s2302).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.—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](/us/pl/109/364); [129 Stat. 2321](/us/stat/129/2321)) 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; and123 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.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](/us/usc/t10/s1705/h), 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](/us/usc/t10/s1705), 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”; and123 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”.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) [10 USC 1705 note](/us/usc/t10/s1705).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](/us/pl/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 123 STAT. 2417 of Defense, including recommended legislative or regulatory changes, resulting from the review.(e) 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](/us/pl/110/417); [122 Stat. 4553](/us/stat/122/4553)) 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.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.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](/us/usc/t10/s2445b/b/2), 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. 50 USCapp. 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](/us/usc/t50/app2093)), 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 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.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](/us/pl/108/136); [117 Stat. 1543](/us/stat/117/1543)) [10 USC 2501 note](/us/usc/t10/s2501).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)](/us/usc/t15/s638/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 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)](/us/usc/t15/s638/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) [15 USC 638 note](/us/usc/t15/s638).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)](/us/usc/t15/s638/y)) is amended in paragraph
(6)by striking “2009” and inserting “2010”. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A— Department of Defense Management Sec. 901. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense Cyber Crime Center. Sec. 902. Organizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity. Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans and Programs. Sec. 904. Increased flexibility for combatant commander initiative fund. Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Technology Security Policy within the Office of the Under Secretary of Defense for Policy. Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of Defense. Subtitle B— Space Activities Sec. 911. Submission and review of space science and technology strategy. Sec. 912. Provision of space situational awareness services and information to non-United States Government entities. Sec. 913. Management and funding strategy and implementation plan for the National Polar-Orbiting Operational Environmental Satellite System Program. Subtitle C— Intelligence-Related Matters Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from counterintelligence operations. Sec. 922. Plan to address foreign ballistic missile intelligence analysis. Subtitle D— Other Matters Sec. 931. Implementation strategy for developing leap-ahead cyber operations capabilities. Sec. 932. Defense integrated military human resources system development and transition. Sec. 933. Report on special operations command organization, manning, and management. Sec. 934. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel. Sec. 935. Plan on access to national airspace for unmanned aircraft systems. 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](/us/usc/t10/ch108), is amended by inserting after section 2167 the following new section:"“§ 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 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](/us/usc/t5), 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](/us/usc/t5), 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.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](/us/usc/t10/s139b), 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](/us/usc/t10/s166a/e/1), 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,”.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](/us/usc/t10/s134b), 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](/us/usc/t10/ch4), is amended by adding after section 137 the following new section:"“§ 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.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) [10 USC 137a note](/us/usc/t10/s137a).Delayed limitation on number of deputy under secretaries of defense.—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](/us/usc/t10/s137a) (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) 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 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:"“§ 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:"“§ 134a. Principal Deputy Under Secretary of Defense for Policy” ".(C) The heading of section 136a of such title is amended to read as follows:"“§ 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:"“§ 138a. Assistant Secretary of Defense for Logistics and Materiel Readiness” ".(3) Clerical amendments.—The table of sections at the beginning of chapter 4 of such title is amended—(A) by striking the item relating to section 133a and inserting the following new item: " “133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.”; "(B) by striking the item relating to section 134a and inserting the following new item: " “134a. Principal Deputy Under Secretary of Defense for Policy.”; "(C) by striking the item relating to section 136a and inserting the following new item: " “136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness.”; "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](/us/usc/t5/s5314), 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) [10 USC 137a note](/us/usc/t10/s137a).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](/us/usc/t10/s2272/a), is amended by striking “The Secretary of Defense shall develop” and 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) 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) [10 USC 2272 note](/us/usc/t10/s2272).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](/us/usc/t10/s2272/a), 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](/us/usc/t31/s1105).(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](/us/usc/t10/s2272/a), 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](/us/usc/t10/s2272/a), 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](/us/usc/t10/s2274), is amended to read as follows:"“§ 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 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 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 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) [10 USC 2274 note](/us/usc/t10/s2274).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.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.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.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](/us/usc/t10/s423), 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:"“§ 423. Authority to use proceeds from counterintelligence operations of the military departments or the Defense Intelligence Agency” ".(2) Table of sections.—The table of sections at the beginning of chapter 21 of such title is amended by striking the item relating to section 423 and inserting the following new item: " “423. Authority to use proceeds from counterintelligence operations of the military departments or the Defense Intelligence Agency.”. " SEC. 922. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTELLIGENCE ANALYSIS.(a) Assessment and Plan.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall—(1) conduct an assessment of foreign ballistic missile intelligence analytic gaps and shortfalls; and(2) develop a plan to ensure that the appropriate intelligence centers have sufficient analytical capabilities to address such gaps and shortfalls.(b) Report.—Not later than February 28, 2010, the Secretary of Defense shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing—(1) the results of the assessment conducted under subsection (a)(1);(2) the plan developed under subsection (a)(2); and(3) a description of the resources required to implement such plan.(c) Form.—The report under subsection
(b)shall be submitted in unclassified form, but may contain a classified annex. Subtitle D—Other Matters SEC. 931. IMPLEMENTATION STRATEGY FOR DEVELOPING LEAP-AHEAD CYBER OPERATIONS CAPABILITIES.(a) Strategy Report Required.—Not later than March 1, 2010, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on a strategy for organizing the research and development bodies of the Department of Defense to develop leap-ahead cyber operations capabilities.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. [10 USC 113 note](/us/usc/t10/s113).DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM DEVELOPMENT AND TRANSITION.(a) In General.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.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 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.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.123 STAT. 2437(b) Elements.—The plan required by subsection
(a)shall include the following:(1) A description of how the Department of Defense and the Department of Transportation will communicate and cooperate, at the executive, management, and action levels, to provide expanded access to the national airspace for unmanned aircraft systems of the Department of Defense.(2) Specific milestones, taking into account the operational and training needs of the Department of Defense and the safety and air traffic management needs of the Department of Transportation, for providing expanded access to the national airspace for unmanned aircraft systems and a transition plan for sites programmed to be activated as unmanned aerial system sites during fiscal years 2010 through 2015.(3) Recommendations for policies with respect to use of the national airspace, flight standards, and operating procedures that should be implemented by the Department of Defense and the Department of Transportation to accommodate unmanned aircraft systems assigned to any State or territory of the United States.(4) An identification of resources required by the Department of Defense and the Department of Transportation to execute the plan.(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Transportation shall submit a report containing the plan required by subsection
(a)to the following committees:(1) The congressional defense committees.(2) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.(3) The Committee on Homeland Security and Government Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. TITLE X—GENERAL PROVISIONS Subtitle A— Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Relationship of the quadrennial defense review and the annual budget request. Sec. 1003. Audit readiness of financial statements of the Department of Defense. Subtitle B— Counter-Drug Activities Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. Sec. 1012. Joint task forces support to law enforcement agencies conducting counter-terrorism activities. Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug activities. Sec. 1014. Support for counter-drug activities of certain foreign governments. Sec. 1015. Border coordination centers in Afghanistan and Pakistan. Sec. 1016. Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account. Subtitle C— Naval Vessels and Shipyards Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State. Sec. 1023. Temporary reduction in minimum number of operational aircraft carriers. Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1.123 STAT. 2438 Subtitle D— Miscellaneous Requirements, Authorities, and Limitations Sec. 1031. Prohibition relating to propaganda. Sec. 1032. Responsibility for preparation of biennial global positioning system report. Sec. 1033. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs. Sec. 1034. Additional duties for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents. Sec. 1035. Charter for the National Reconnaissance Office. Sec. 1036. National strategic five-year plan for improving the nuclear forensic and attribution capabilities of the United States. Sec. 1037. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense. Sec. 1038. Prohibition on interrogation of detainees by contractor personnel. Sec. 1039. Notification and access of International Committee of the Red Cross with respect to detainees at Theater Internment Facility at Bagram Air Base, Afghanistan. Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists. Sec. 1041. Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1042. Additional subpoena authority for the Inspector General of the Department of Defense. Sec. 1043. Limitations on modifications of certain Government furnished equipment; one-time authority to transfer certain military prototype. Subtitle E— Studies and Reports Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial defense review. Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense review. Sec. 1053. Annual report on the electronic warfare strategy of the Department of Defense. Sec. 1054. Study on a system for career development and management of interagency national security professionals. Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons. Sec. 1056. Comptroller General review of Department of Defense spending in final fiscal quarters. Sec. 1057. Report on Air America. Sec. 1058. Report on defense travel simplification. Sec. 1059. Report on modeling and simulation technological and industrial base. Sec. 1060. Report on enabling capabilities for special operations forces. Sec. 1061. Additional members and duties for the independent panel to assess the quadrennial defense review. Sec. 1062. Congressional earmarks relating to the Department of Defense. Sec. 1063. Report on basing plans for certain United States geographic combatant commands. Subtitle F— Other Matters Sec. 1071. Extension of certain authority for making rewards for combating terrorism. Sec. 1072. Business process reengineering. Sec. 1073. Technical and clerical amendments. Sec. 1074. Extension of sunset for congressional commission on the strategic posture of the United States. Sec. 1075. Combat air forces restructuring. Sec. 1076. Sense of Congress regarding carrier air wing force structure. Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities. Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. Sec. 1079. Justice for victims of torture and terrorism. Sec. 1080. Requirement for videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the effective control of the Department of Defense. Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling support for the air force. Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force.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](/us/usc/t10/s118), 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. [10 USC 2222 note](/us/usc/t10/s2222).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—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](/us/usc/t10/s2222);(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 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](/us/pl/107/107); [115 Stat. 1204](/us/stat/115/1204); [10 U.S.C. 2222 note](/us/usc/t10/s2222)). 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](/us/pl/108/375); [118 Stat. 2042](/us/stat/118/2042)), as most recently amended by section 1023 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4586](/us/stat/122/4586)), 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](/us/pl/108/136); [10 U.S.C. 371 note](/us/usc/t10/s371)), as most recently amended by section 1022 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4586](/us/stat/122/4586)), is further amended by striking “2009” and inserting “2010”.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](/us/usc/t10/s371)) 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](/us/pl/106/398); [114 Stat. 1654A–255](/us/stat/114/1654A–255)), as most recently amended by section 1021 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4586](/us/stat/122/4586)), 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](/us/pl/105/85); [111 Stat. 1881](/us/stat/111/1881)), as most recently amended by section 1024(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4587](/us/stat/122/4587)), 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.—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.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 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.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;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](/us/stat/1/350), 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 1849.123 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](/us/stat/68/527/ch565)), 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”.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.Time period.—Notwithstanding [section 5062(b) of title 10, United States Code](/us/usc/t10/s5062/b), 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.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](/us/usc/t10/ch134), is amended by inserting after section 2241 the following new section:"“§ 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) [10 USC 2241a note](/us/usc/t10/s2241a).Effective Date.—[Section 2241a of title 10, United States Code](/us/usc/t10/s2241a), 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](/us/usc/t10/s2281/d), 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 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) 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](/us/pl/110/417); [122 Stat. 4603](/us/stat/122/4603); [10 U.S.C. 2366b note](/us/usc/t10/s2366b)) 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](/us/pl/110/181); [122 Stat. 337](/us/stat/122/337)) is amended—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](/us/pl/110/181); [122 Stat. 337](/us/stat/122/337)) 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. [50 USC 401 note](/us/usc/t50/s401).CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE. 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.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; and123 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.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](/us/pl/109/148); [119 Stat. 2697](/us/stat/119/2697); [10 U.S.C. 1584 note](/us/usc/t10/s1584)) and section 8002 of the Department of Defense Appropriations Act, 2007 ([Public Law 109–289](/us/pl/109/289); [120 Stat. 1271](/us/stat/120/1271); [10 U.S.C. 1584 note](/us/usc/t10/s1584)); 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. [10 USC 201 note](/us/usc/t10/s201).PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL.(a) Prohibition.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 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.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.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.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.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; or123 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. [10 USC 801 note](/us/usc/t10/s801).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](/us/usc/t10/s948a), 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.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 123 STAT. 2455 of Defense to release into the United States, its territories, or possessions, any individual described in subsection (e).(b) Transfer Limitation.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.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.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](/us/usc/t5/app8)) 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 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) Notification.Deadline.The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section.”". SEC. 1043. [10 USC 2353 note](/us/usc/t10/s2353).LIMITATIONS ON MODIFICATIONS OF CERTAIN GOVERNMENT FURNISHED EQUIPMENT; ONE-TIME AUTHORITY TO TRANSFER CERTAIN MILITARY PROTOTYPE.(a) Limitation.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) 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 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.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 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](/us/usc/t10/s2302).(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](/us/usc/t10/s118).(b) Secretary of Defense Report.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.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](/us/usc/t10/s118), 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](/us/usc/t10/s118/d). 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](/us/usc/t31/s1105/a), 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 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.—123 STAT. 2460(1) Designation of executive agency.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](/us/usc/t5/s105).(2) The term “**employee**” has the meaning given such term by [section 2105 of title 5, United States Code](/us/usc/t5/s2105).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. [50 USC 2371](/us/usc/t50/s2371).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.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.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) Repeal.Conforming Amendment.—Section 722 of the Combating Proliferation of Weapons of Mass Destruction Act of 1996 ([50 U.S.C. 2369](/us/usc/t50/s2369)) is repealed.(g) Definitions.—In this section:(1) Foreign person.—The term “**foreign person**” means any of the following: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](/us/usc/t50/s2366)); 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 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 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 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.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](/us/usc/t10/s118) (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 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](/us/usc/t10/s118/f), 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](/us/usc/t10/s118/b/3), 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](/us/usc/t10/s118/f/2), 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. [10 USC 2302 note](/us/usc/t10/s2302).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 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](/us/pl/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. [10 USC 113 note](/us/usc/t10/s113).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](/us/usc/t10/s118), 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 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](/us/usc/t10/s127b/c/3/C), is amended by striking “2009” and inserting “2010”. SEC. 1072. BUSINESS PROCESS REENGINEERING.(a) New Programs.—[Section 2222 of title 10, United States Code](/us/usc/t10/s2222), 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—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.Deadline.Review.[10 USC 2222 note](/us/usc/t10/s2222).—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; and123 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) Plans.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](/us/usc/t10/s2222) (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](/us/usc/t10/s2222). SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.(a) Title 10, United States Code.—[Title 10, United States Code](/us/usc/t10), 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”.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.](/us/usc/t20/s9301/etseq))” and inserting “the Troops-to-Teachers Program under section 2302 of the Elementary and Secondary Education Act of 1965 ([20 U.S.C. 6672](/us/usc/t20/s6672))”; 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:"“§ 1567. Duration of military protective orders” ".(17) The heading of section 1567a is amended to read as follows:"“§ 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](/us/pl/109/364); [120 Stat. 2388](/us/stat/120/2388))”; 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”.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)](/us/usc/t50/s2302/1))”.(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](/us/usc/t37/s308/a/2/A/ii), is amended by striking the comma before the period at the end.(c) Duncan Hunter National Defense Authorization Act for Fiscal Year 2009.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](/us/pl/110/417))[6 USC 121 note](/us/usc/t6/s121). is amended as follows:(1) Section 314(a) ([122 Stat. 4410](/us/stat/122/4410); [10 U.S.C. 2710 note](/us/usc/t10/s2710)) is amended by striking “Secretary” and inserting “Secretary of Defense”.(2) Section 523(1) ([122 Stat. 4446](/us/stat/122/4446))[10 USC 662](/us/usc/t10/s662). is amended by striking “serving or” and inserting “serving in or”.(3) Section 616 ([122 Stat. 4486](/us/stat/122/4486))10 USC2130a, 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](/us/stat/122/4524))[10 USC 2433](/us/usc/t10/s2433). is amended by striking “after of ‘the program’ ” and inserting “after ‘of the program’ ”.(5) Section 813(d)(3) ([122 Stat. 4527](/us/stat/122/4527))[10 USC 2302 note](/us/usc/t10/s2302). 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](/us/stat/122/4537)) is amended by inserting “subchapter II of” before “chapter 87”.123 STAT. 2475(7) Repeal.[18 USC 3287](/us/usc/t18/s3287).Section 855 ([122 Stat. 4545](/us/stat/122/4545)) is repealed.(8) Section 921(1) ([122 Stat. 4573](/us/stat/122/4573))[50 USC 1521 note](/us/usc/t50/s1521). 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](/us/stat/122/4575))[6 USC 121](/us/usc/t6/s121). 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)](/us/usc/t6/s121/e/2))” and inserting “([6 U.S.C. 121(f)(2)(E)](/us/usc/t6/s121/f/2/E))”.(10) Repeal.[10 USC 193](/us/usc/t10/s193), 201, 425, 431, 441, 443, 444, 2273, 2723.Section 932 ([122 Stat. 4576](/us/stat/122/4576)) is repealed.(11) Section 1059 ([122 Stat. 4611](/us/stat/122/4611))[10 USC 113 note](/us/usc/t10/s113). is amended by striking “Act of” and inserting “Act for”.(12) Section 1061(b)(3) ([122 Stat. 4613](/us/stat/122/4613))[10 USC 1074g note](/us/usc/t10/s1074g). is amended by striking “103” and inserting “188”.(13) Section 2104(b) ([122 Stat. 4664](/us/stat/122/4664)) is amended in the matter preceding paragraph
(1)by striking “section 2401” and inserting “section 2101”.(14) Section 3508(b) ([122 Stat. 4769](/us/stat/122/4769))[46 USC 53101](/us/usc/t46/s53101), 54101. is amended to read as follows:"“(b) Conforming Amendment.—The [chapter 541 of title 46, United States Code](/us/usc/t46/ch541), 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](/us/pl/110/181); [122 Stat. 599](/us/stat/122/599)),Repeal. is repealed.”".(15) Section 3511(d) ([122 Stat. 4770](/us/stat/122/4770))[46 USC 55314](/us/usc/t46/s55314). 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](/us/usc/t10/s2358)) 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](/us/pl/110/181); [122 Stat. 319](/us/stat/122/319)) is amended by striking “September 30, 2009” and inserting “December 31, 2009”. SEC. 1075. COMBAT AIR FORCES RESTRUCTURING.(a) Limitations Relating to Legacy Aircraft.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.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](/us/usc/t10/s5062/b), 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](/us/usc/t10/s5062/b), 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.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.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.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](/us/usc/t38/s111), 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.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.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. [10 USC 801 note](/us/usc/t10/s801).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](/us/pl/109/163/t14) and [title 10 of Public Law 109–148](/us/pl/109/148/t10)), the Military Commissions Act of 2006 ([10 U.S.C. 948 et seq.](/us/usc/t10/s948/etseq); [Public Law 109–366](/us/pl/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.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) Determination.makes a determination in writing that such a waiver is necessary to the national security interests of the United States; and(B) 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) Determination.makes a determination in writing that such a suspension is vital to the national security interests of the United States; and(B) 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 123 STAT. 2481 suspension under paragraph
(2)for one additional 30-day period, if—(A) 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) 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](/us/usc/t10/s801/1), (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) 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](/us/pl/110/181); [122 Stat. 335](/us/stat/122/335); [10 U.S.C. 2461 note](/us/usc/t10/s2461)) 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. [10 USC 2461 note](/us/usc/t10/s2461).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 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](/us/pl/110/181); [122 Stat. 335](/us/stat/122/335)).(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](/us/usc/t10/s2306c), 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](/us/usc/t10/s2401), 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](/us/usc/t49/ch443), 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.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—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 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.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](/us/usc/t50/s1902)) 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](/us/usc/t10/s2192a), 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.”".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](/us/usc/t5/s3304/a/3), 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](/us/usc/t10/s2200a), 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](/us/usc/t5/s3104)) 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 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](/us/usc/t5/s5302/3).“(3) Notwithstanding any other provision of this section or [section 5307 of title 5, United States Code](/us/usc/t5/s5307), 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](/us/usc/t3/s104).“(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. [10 USC 2358 note](/us/usc/t10/s2358).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](/us/pl/103/337); [108 Stat. 2721](/us/stat/108/2721)), 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.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](/us/usc/t5/s4703/f);(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](/us/usc/t5/s5342/a/2)) 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](/us/pl/110/417); [122 Stat. 4615](/us/stat/122/4615)) 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](/us/usc/t5/s5307), shall not apply to any employee in any calendar year in which that employee is granted a waiver under subsection (a).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](/us/usc/t5/s5547) (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](/us/usc/t5/s5307), 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](/us/pl/109/234); [120 Stat. 443](/us/stat/120/443)), as amended by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110-417](/us/pl/110/417); [122 Stat. 4616](/us/stat/122/4616)), 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](/us/usc/t10/ch2), is amended by adding after section 115a the following new section:"“§ 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;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—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.—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 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 5.123 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](/us/pl/103/337); [108 Stat. 2721](/us/stat/108/2721)), 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](/us/pl/106/398) ([114 Stat. 1654A–315](/us/stat/114/1654A–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](/us/usc/t5/s3104)).“(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](/us/usc/t10/s115b) (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](/us/pl/109/163); [119 Stat. 3452](/us/stat/119/3452); [10 U.S.C. note](/us/usc/t10) prec. [10 USC 1580 note](/us/usc/t10/s1580) prec.1580).(2) Section 1102 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ([Public Law 109–364](/us/pl/109/364); [120 Stat. 2407](/us/stat/120/2407)).123 STAT. 2492(3) Section 851 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 247](/us/stat/122/247); [10 U.S.C. note](/us/usc/t10) 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](/us/pl/110/417); [122 Stat. 4619](/us/stat/122/4619)) [10 USC 143 note](/us/usc/t10/s143).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](/us/usc/t10/s2463).“(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](/us/usc/t10/s115a), 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 123 STAT. 2493 Defense Authorization Act for Fiscal Year 2009 ([10 U.S.C. 143 note](/us/usc/t10/s143)), 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:"“§ 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](/us/pl/110/181); [122 Stat. 272](/us/stat/122/272); [10 U.S.C. 221 note](/us/usc/t10/s221)) are repealed. SEC. 1110. [5 USC 3702 note](/us/usc/t5/s3702).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](/us/usc/t44/s3501)).(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.123 STAT. 2494An 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](/us/usc/t5/ch73);(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of [title 18, United States Code](/us/usc/t18);(C) sections 1343, 1344, and 1349(b) of [title 31, United States Code](/us/usc/t31);(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](/us/usc/t5/s3703/e/2/A)); 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.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](/us/pl/110/181); [122 Stat. 358](/us/stat/122/358)) [5 USC 3702 note](/us/usc/t5/s3702).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. [10 USC 1580 note](/us/usc/t10/s1580) 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.—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 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.—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. [10 USC 1580 note](/us/usc/t10/s1580) prec.DEPARTMENT OF DEFENSE CIVILIAN LEADERSHIP PROGRAM.(a) Leadership Program Required.—(1) 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](/us/usc/t5/s4703), 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](/us/usc/t5/ch71), 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 5,000.123 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 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.—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.—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.—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, 123 STAT. 2498 functional, and technical workforce of the Department of Defense (as defined in [section 115b(f) of title 10, United States Code](/us/usc/t10/s115b/f)). SEC. 1113. PROVISIONS RELATING TO THE NATIONAL SECURITY PERSONNEL SYSTEM.(a) Definitions.—[5 USC 9902 note](/us/usc/t5/s9902).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](/us/usc/t5/s9902) (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](/us/usc/t5/ch53/schIII) (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](/us/usc/t5/s9902), had never been enacted.(b) Repeal of Provisions Relating to NSPS.—(1) In general.—[Section 9902 of title 5, United States Code](/us/usc/t5/s9902), 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.—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) 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.—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 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](/us/usc/t5/s9902), 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.—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.—Applicability.Notwithstanding subsection (b)(1)(A), [section 9902(e)(7) of title 5, United States Code](/us/usc/t5/s9902/e/7), 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](/us/usc/t5/s9902), 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) 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) 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.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.—(1) Regulations.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) 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 71.123 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 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) Deadline.Each supervisor shall be required to complete a program at least once every 3 years.”".(e) Reports.—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) 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](/us/usc/t5/s9902/a), 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](/us/usc/t5/s9902/b), as amended by this section.(f) Clerical Amendments.—(1) The heading of [section 9902 of title 5, United States Code](/us/usc/t5/s9902), is amended to read as follows:"“§ 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.—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](/us/usc/t5/s5332)); 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 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](/us/usc/t5/s9902), 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](/us/usc/t5/s9902/b) (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.—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](/us/pl/110/181); [122 Stat. 349](/us/stat/122/349)) is amended—(1) [5 USC 9902 note](/us/usc/t5/s9902).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) Review.Deadlines.The Comptroller General shall conduct a review, in each of calendar years 2010, 2011, and 2012, of—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](/us/usc/t5/s9902) (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. [10 USC 1601 note](/us/usc/t10/s1601).PROVISIONS RELATING TO THE DEFENSE CIVILIAN INTELLIGENCE PERSONNEL SYSTEM.(a) Suspension of Certain Pay Authority.—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.—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.—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 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](/us/usc/t10); 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](/us/usc/t5/s9902/h), is amended—(1) by redesignating paragraph
(3)as paragraph (4); and(2) by inserting after paragraph
(2)the following:"“(3) 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](/us/usc/t5/s8344), 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;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) 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](/us/pl/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.](/us/usc/t12/s5201/etseq));“(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) Reports.a report with an explanation that justifies the need for the waivers in excess of that percentage; and“(ii) Deadline.Succession plan.not later than 180 days after submitting the report under clause (i), a succession plan.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) 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](/us/usc/t5/s8468), 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; and123 STAT. 2508“(B) the term ‘**limited time appointee**’ means an annuitant appointed under a temporary appointment limited to 1 year or less.“(2) 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](/us/pl/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.](/us/usc/t12/s5201/etseq));“(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) Reports.a report with an explanation that justifies the need for the waivers in excess of that percentage; and“(ii) Deadline.Succession plan.not later than 180 days after submitting the report under clause (i), a succession plan.“(5)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection.“(B) Any regulations promulgated under subparagraph
(A)may—“(i) provide standards for the maintenance and form of necessary records of employment under this subsection;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) 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) [5 USC 8344 note](/us/usc/t5/s8344).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](/us/usc/t5/ch33) 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](/us/usc/t39/s1005/d/2), 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](/us/usc/t5/s8344), as amended by this subtitle, or subsection
(i)of [section 8468 of title 5, United States Code](/us/usc/t5/s8468), as amended by this subtitle; and123 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](/us/usc/t5), 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 Sec. 1201. One-year extension of authority for security and stabilization assistance. Sec. 1202. Expansion of authority and modification of notification and reporting requirements for use of authority for support of special operations to combat terrorism. Sec. 1203. Modification of report on foreign-assistance related programs carried out by the Department of Defense. Sec. 1204. Report on authorities to build the capacity of foreign military forces and related matters. Sec. 1205. Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint Forces Command. Sec. 1206. Modification of authorities relating to program to build the capacity of foreign military forces. Sec. 1207. Authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries. Sec. 1208. Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability. Sec. 1209. Enhancing Iraqi security through defense cooperation between the United States and Iraq. Sec. 1210. Availability of appropriated funds for the State Partnership Program. Subtitle B— Matters Relating to Iraq, Afghanistan, and Pakistan Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq. Sec. 1222. One-year extension and expansion of Commanders’ Emergency Response Program. Sec. 1223. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1224. Pakistan Counterinsurgency Fund. Sec. 1225. Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan. Sec. 1226. Reports on campaign plans for Iraq and Afghanistan. Sec. 1227. Report on responsible redeployment of United States Armed Forces from Iraq. Sec. 1228. Report on community-based security programs in Afghanistan. Sec. 1229. Updates of report on command and control structure for military forces operating in Afghanistan. Sec. 1230. Report on feasibility and desirability of establishing general uniform procedures and guidelines for the provision of monetary assistance by the United States to civilian foreign nationals for losses incident to combat activities of the armed forces. Sec. 1231. Assessment and report on United States-Pakistan military relations and cooperation. Sec. 1232. Report on progress toward security and stability in Pakistan. Sec. 1233. Repeal of GAO war-related reporting requirement. Sec. 1234. Authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan. Sec. 1235. Analysis of required force levels and types of forces needed to secure southern and eastern regions of Afghanistan.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 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. 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](/us/pl/109/163); [119 Stat. 3458](/us/stat/119/3458)), as amended by section 1210 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 369](/us/stat/122/369)) and section 1207 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4625](/us/stat/122/4625)), 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](/us/pl/108/375); [118 Stat. 2086](/us/stat/118/2086)), as amended by section 1208(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4626](/us/stat/122/4626)), 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](/us/pl/108/375); [118 Stat. 2086](/us/stat/118/2086)), as amended by section 1208(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4626](/us/stat/122/4626)), is further amended—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](/us/pl/108/375); [118 Stat. 2086](/us/stat/118/2086)) 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](/us/pl/110/181); [122 Stat. 368](/us/stat/122/368)) 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](/us/usc/t10/s166a); 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 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.](/us/usc/t22/s2151/etseq)), the Arms Export Control Act ([22 U.S.C. 2171 et seq.](/us/usc/t22/s2171/etseq)), [title 10, United States Code](/us/usc/t10), 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.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](/us/usc/t10/s1051a), 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) [10 USC 1051a](/us/usc/t10/s1051a).Effective Date.—Paragraph
(2)of [section 1051a(a) of title 10, United States Code](/us/usc/t10/s1051a/a) (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](/us/pl/109/163); [119 Stat. 3456](/us/stat/119/3456)), as amended by section 1206 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ([Public Law 109–364](/us/pl/109/364); [120 Stat. 2418](/us/stat/120/2418)) and section 1206 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4625](/us/stat/122/4625)), 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. [10 USC 168 note](/us/usc/t10/s168).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 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, 2012.123 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](/us/pl/109/364); [120 Stat. 2412](/us/stat/120/2412)), as amended by section 1252 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 402](/us/stat/122/402)), 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)](/us/usc/t22/s2762/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, 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. [32 USC 107 note](/us/usc/t32/s107).AVAILABILITY OF APPROPRIATED FUNDS FOR THE STATE PARTNERSHIP PROGRAM.(a) Regulations Required.—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 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.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](/us/pl/109/163); [119 Stat. 3455](/us/stat/119/3455)), as amended by section 1205 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 366](/us/stat/122/366)) and section 1214 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4630](/us/stat/122/4630)), 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) 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.123 STAT. 2519(2) Limitation.—The amount of funds transferrable under paragraph
(1)may not exceed $50,000,000.(3) Congressional notification.—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](/us/pl/109/163); [119 Stat. 3455](/us/stat/119/3455)), 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](/us/pl/109/163); [119 Stat. 3455](/us/stat/119/3455)) 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) 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](/us/pl/109/163); [119 Stat. 3456](/us/stat/119/3456)). 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](/us/pl/110/181); [122 Stat. 393](/us/stat/122/393)) is amended—(1) in subsection (a)—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) 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.”".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](/us/pl/110/181); [122 Stat. 393](/us/stat/122/393)), as amended by section 1217(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4635](/us/stat/122/4635)), 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.(c) Transfers From Fund.—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 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; and123 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. [22 USC 2785 note](/us/usc/t22/s2785).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.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.—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)](/us/usc/t22/s2403/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)](/us/usc/t22/s2403/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.—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 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.—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. [50 USC 1541 note](/us/usc/t50/s1541).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 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; and123 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.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. [10 USC 113 note](/us/usc/t10/s113).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](/us/pl/110/417); [122 Stat. 4634](/us/stat/122/4634)) 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 123 STAT. 2529 the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 385](/us/stat/122/385)).”. 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 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 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.—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](/us/pl/110/181); [122 Stat. 392](/us/stat/122/392)), as amended by section 1217 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4634](/us/stat/122/4634)), 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](/us/pl/109/163); [119 Stat. 3462](/us/stat/119/3462)) [10 USC 113 note](/us/usc/t10/s113).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.”.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](/us/usc/t22/s2321j)), other than the authorities and limitations contained in subsections (b)(1)(B), (e), (f), and
(g)of such section.(d) Report.—(1) In general.—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; and123 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.—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—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) 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](/us/pl/110/252); [122 Stat. 2410](/us/stat/122/2410)) 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)](/us/usc/t22/s2403/d)).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)](/us/usc/t22/s2403/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](/us/pl/110/181); [122 Stat. 385](/us/stat/122/385)) 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); and123 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;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](/us/pl/110/181); [122 Stat. 385](/us/stat/122/385)) 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.—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 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.123 STAT. 2539 SEC. 1242. 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.—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 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) 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](/us/usc/t50/s404o)), as added by section 1012 of the National Security Intelligence Reform Act of 2004 ([title I of Public Law 108–458](/us/pl/108/458/tI));(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—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.—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;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](/us/pl/109/364); [120 Stat. 2424](/us/stat/120/2424)) 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.—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) Deadline.Certification.—Not less than 180 days after the date of enactment of this Act, the Secretary shall certify to the Committees 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—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.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](/us/pl/106/65); [113 Stat. 781](/us/stat/113/781); [10 U.S.C. 113 note](/us/usc/t10/s113)) 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](/us/pl/110/181); [122 Stat. 407](/us/stat/122/407)), 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.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](/us/pl/106/65); [113 Stat. 779](/us/stat/113/779); [10 U.S.C. 168 note](/us/usc/t10/s168)) is amended by striking subsections
(e)and (f).(e) Applicability.[10 USC 113 note](/us/usc/t10/s113).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](/us/usc/t31/s1105/a).(b) Elements of Report.—The report required under subsection
(a)shall contain the following elements: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](/us/usc/t10/s153/b);(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)](/us/usc/t22/s2318/a)
(1)or (2));(ii) section 552(c)(2) of the Foreign Assistance Act of 1961 ([22 U.S.C. 2348a(c)(2)](/us/usc/t22/s2348a/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: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)](/us/usc/t22/s2778/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 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.—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.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.—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.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.—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; and123 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.—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.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](/us/usc/t50/app2405)(j)) (as continued in effect pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701 et seq.](/us/usc/t50/s1701/etseq)));(2) section 40 of the Arms Export Control Act ([22 U.S.C. 2780](/us/usc/t22/s2780)); or(3) section 620A of the Foreign Assistance Act of 1961 ([22 U.S.C. 2371](/us/usc/t22/s2371)). 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.123 STAT. 2553 Subtitle D—Victims of Iranian Censorship Act.VOICE Act SEC. 1261. [22 USC 6201 note](/us/usc/t22/s6201).SHORT TITLE. This subtitle may be cited as the “Victims of Iranian Censorship Act”or the “VOICE Act”. SEC. 1262. [22 USC 6204 note](/us/usc/t22/s6204).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. [22 USC 6204 note](/us/usc/t22/s6204).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;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.—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;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.—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. 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. SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.(a) [22 USC 5964 note](/us/usc/t22/s5964).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](/us/usc/t50/s2362)).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 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. [22 USC 5952 note](/us/usc/t22/s5952).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](/us/usc/t31/s3302), 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.—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 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. [22 USC 5964](/us/usc/t22/s5964).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.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. [22 USC 5965](/us/usc/t22/s5965).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.—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;123 STAT. 2560(C) the expected time frame for such activities; and(D) the expected costs of such activities.(c) Appropriate Congressional Committees.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILITARY CONTACTS PROGRAM.(a) In General.—[22 USC 5952 note](/us/usc/t22/s5952).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](/us/pl/106/398); [114 Stat. 1654A–341](/us/stat/114/1654A–341); [22 U.S.C. 5959](/us/usc/t22/s5959)) 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 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. 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](/us/usc/t50/s1521)); 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;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](/us/usc/t50/s98h)) 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. 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](/us/pl/105/85); [50 U.S.C. 98d note](/us/usc/t50/s98d)), as most recently amended by section 1412(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4648](/us/stat/122/4648)), 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 110–115.123 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. 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. 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: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.—Applicability.Subsections
(b)and
(c)of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ([Public Law 109–364](/us/pl/109/364); [120 Stat. 2439](/us/stat/120/2439)), as amended by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4649](/us/stat/122/4649)), 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](/us/pl/109/364); [120 Stat. 2439](/us/stat/120/2439)), as amended by section 1503(e) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4650](/us/stat/122/4650)), 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 $6,056,000,000.123 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](/us/pl/110/181); [122 Stat. 428](/us/stat/122/428)). 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](/us/pl/110/181); [122 Stat. 426](/us/stat/122/426)). 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. Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in the amount of $396,915,000.123 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 Applicability.1508(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4651](/us/stat/122/4651)) 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.—Determination.Upon determination by the Secretary of Defense that such action is necessary in the national interest, 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. 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. 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](/us/pl/110/417); [122 Stat. 455](/us/stat/122/455)) 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.—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.—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 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) 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.—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) 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 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](/us/usc/t5/s3503).(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 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](/us/usc/t5), notwithstanding the provisions of [section 7403(b)(1) of title 38, United States Code](/us/usc/t38/s7403/b/1).(D) The extension of collective bargaining rights under [title 5, United States Code](/us/usc/t5), to employees so transferred in positions listed in sub[section 7421(b) of title 38, United States Code](/us/usc/t38/s7421/b), notwithstanding the provisions of [section 7422 of title 38, United States Code](/us/usc/t38/s7422), 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 Consultation.with exclusive employee representatives of the transferred employees about such impact.(iii) 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) 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](/us/usc/t38/s7431/b/3).(G) The preservation of the seniority of the employees so transferred for all pay purposes.(c) Retention of Department of Defense Employment Authority.—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–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](/us/usc/t10/s1095).(ii) [Section 1729 of title 38, United States Code](/us/usc/t38/s1729).(iii) [Public Law 87–693](/us/pl/87/693), popularly known as the “Federal Medical Care Recovery Act” ([42 U.S.C. 2651 et seq.](/us/usc/t42/s2651/etseq)).(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](/us/usc/t10/s2805), or [section 8104 of title 38, United States Code](/us/usc/t38/s8104).(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](/us/usc/t38/s1729A).(3) Period of availability.—(A) In general.—Except as provided in subparagraph (B), funds transferred to the Fund under subsection
(a)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](/us/usc/t10/ch55), 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](/us/usc/t10/ch55).(2) To waive the applicability to the facility of any provision of [section 8111(e) of title 38, United States Code](/us/usc/t38/s8111/e), 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 123 STAT. 2574 both [chapter 55 of title 10, United States Code](/us/usc/t10/ch55), and [title 38, United States Code](/us/usc/t38). SEC. 1706. EXTENSION OF DOD–VA HEALTH CARE SHARING INCENTIVE FUND. [Section 8111(d)(3) of title 38, United States Code](/us/usc/t38/s8111/d/3), is amended by striking “September 30, 2010” and inserting “September 30, 2015”. TITLE XVIII—MILITARY Military Commissions Act of 2009.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. SEC. 1801. [10 USC 948a note](/us/usc/t10/s948a).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](/us/usc/t10), 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. “§ 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)](/us/usc/t42/s2014/y)).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. “§ 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: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) 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. “§ 948c. Persons subject to military commissions “Any alien unprivileged enemy belligerent is subject to trial by military commission as set forth in this chapter. “§ 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. “§ 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. “§ 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 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. “§ 948j. Military judge of a military commission“(a) Detail of Military Judge.—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. “§ 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.123 STAT. 2578“(4) 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) 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. “§ 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 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. “§ 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. “§ 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; and123 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. “§ 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](/us/usc/t42/s2000dd))), 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. “§ 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.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. “§ 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. 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.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) 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 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) 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. “§ 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—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, 123 STAT. 2585 in acting as counsel, represented any accused before a military commission under this chapter. “§ 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. “§ 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) Regulations.if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; and123 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) 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 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. “§ 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. “§ 949f. Challenges“(a) Challenges Authorized.—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.123 STAT. 2587 “§ 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) 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. “§ 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. “§ 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. “§ 949j. Opportunity to obtain witnesses and other evidence“(a) In General.—(1) 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 123 STAT. 2588 a criminal defendant in a court of the United States under [article III of the Constitution](/us/cons/aIII).“(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. “§ 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 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.123 STAT. 2589 “§ 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. “§ 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) 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.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. “§ 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. “§ 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. 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. “§ 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 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.](/us/usc/t18/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. “§ 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.](/us/usc/t18/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. “§ 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.123 STAT. 2592 “§ 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.](/us/usc/t18/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 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. “§ 949p–5. Notice by accused of intention to disclose classified information“(a) Notice by Accused.—“(1) Notification of trial counsel and military judge.—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. “§ 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 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—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.—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 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. “§ 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.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.](/us/usc/t18/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.](/us/usc/t18/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. 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. “§ 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. “§ 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. “§ 949u. Execution of confinement“(a) In General.—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. 123 STAT. 2599 “§ 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. “§ 950b. Review by the convening authority“(a) Notice to Convening Authority of Findings and Sentence.—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) 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) 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.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. “§ 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. 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.123 STAT. 2601“(3) 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. “§ 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.—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—123 STAT. 2602“(A) 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.—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.—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. “§ 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.123 STAT. 2603 “§ 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.—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. “§ 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.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.—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. “§ 950h. Appellate counsel“(a) Appointment.—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.123 STAT. 2605 “§ 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. “§ 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.123 STAT. 2606 “950s. Conviction of lesser offenses. “950t. Crimes triable by military commission. “§ 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. “§ 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 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. “§ 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. “§ 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. “§ 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.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 18.123 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 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 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 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](/us/usc/t10/s802/a) (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](/us/pl/109/359/tX); [10 U.S.C. 801 note](/us/usc/t10/s801)) is amended by striking paragraph (3). SEC. 1804. [10 USC 948a note](/us/usc/t10/s948a).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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (as so amended);123 STAT. 2613(3) any military judge detailed to a commission pursuant to chapter 47A of [title 10, United States Code](/us/usc/t10) (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](/us/usc/t10) (as so amended);(4) any trial counsel or defense counsel detailed for a commission pursuant to chapter 47A of [title 10, United States Code](/us/usc/t10) (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](/us/usc/t10) (as so amended);(5) any court reporters detailed to or employed by a commission pursuant to chapter 47A of [title 10, United States Code](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10), (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](/us/usc/t10) (as so amended); or123 STAT. 2614(B) the date that is 90 days after the date of the enactment of this Act. SEC. 1805. [10 USC 948a note](/us/usc/t10/s948a).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](/us/usc/t10) (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](/us/usc/t10/s949a/d) (as so amended). SEC. 1806. [10 USC 948a note](/us/usc/t10/s948a).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](/us/usc/t10) (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](/us/usc/t10) (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](/us/usc/t10) (as so amended), should be fully resourced as provided in such chapter 47A. TITLE XIX—FEDERAL EMPLOYEE BENEFITS Subtitle A— General Provisions Sec. 1901. Credit for unused sick leave. Sec. 1902. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the Civil Service Retirement System. Sec. 1903. Computation of certain annuities based on part-time service. Sec. 1904. Authority to deposit refunds under FERS. Sec. 1905. Retirement credit for service of certain employees transferred from District of Columbia service to Federal service. Subtitle B— Non-Foreign Area Retirement Equity Assurance Sec. 1911. Short title. Sec. 1912. Extension of locality pay. Sec. 1913. Adjustment of special rates. Sec. 1914. Transition schedule for locality-based comparability payments.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](/us/usc/t5/s8415), 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](/us/usc/t5/s8422/d/2), is amended by striking “section 8415(k)” and inserting “paragraph
(1)or
(2)of section 8415(l)”.(c) [5 USC 8415 note](/us/usc/t5/s8415).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](/us/usc/t5/s8334/d/2/A/i), is amended by striking “October 1, 1990” each place it appears and inserting “March 1, 1991”.(b) [5 USC 8334 note](/us/usc/t5/s8334).Applicability.—The amendment made by subsection
(a)shall be effective with respect to any annuity, entitlement to which 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](/us/usc/t5/s8339/p), is amended by adding at the end the following:"“(3) 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) [5 USC 8339 note](/us/usc/t5/s8339).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](/us/usc/t5/s8422), 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](/us/usc/t5/s8401/19/C), 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](/us/usc/t5/s8422/c), 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](/us/usc/t5/s8422), is amended to read as follows:123 STAT. 2617 "“§ 8422. Deductions from pay; contributions for other service; deposits” ".(B) The analysis for [chapter 84 of title 5, United States Code](/us/usc/t5/ch84), 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](/us/usc/t5/s8424/a), is amended by striking “based.” and inserting “based, until the employee or Member is reemployed in the service subject to this chapter.”. SEC. 1905. [5 USC 8332 note](/us/usc/t5/s8332).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](/us/usc/t5/ch84), 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](/us/usc/t5), 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](/us/usc/t5), 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—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](/us/usc/t5/ch84) (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](/us/usc/t5/ch84) (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](/us/usc/t5/ch84) (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](/us/usc/t5/ch84) (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.123 STAT. 2619 Subtitle B—Non-Foreign Area Retirement Equity Assurance Act of 2009.[5 USC 5304 note](/us/usc/t5/s5304).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](/us/usc/t5/s5304), 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; and123 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](/us/usc/t5/s5941), 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) 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) 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) 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](/us/usc/t5/s5305), 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 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.—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](/us/usc/t5/s5941/a/1), 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](/us/usc/t5/s5305);(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](/us/usc/t5/s5363). SEC. 1914. 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](/us/usc/t5), 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;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](/us/usc/t5/s5304/d/1/A), 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.—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](/us/usc/t5), 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](/us/usc/t5/s5941), 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](/us/usc/t5/s5941), 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](/us/usc/t5/s5304/g), 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; or123 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](/us/usc/t5/s5304/g), for his position including any future increase to statutory pay limitations under 5318 of [title 5, United States Code](/us/usc/t5). 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](/us/usc/t5/s5941/c/2/B). 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](/us/usc/t5); 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](/us/usc/t5); 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](/us/usc/t10/s1603/b);(II) was eligible to be paid an allowance under [section 1005(b) of title 39, United States Code](/us/usc/t39/s1005/b);(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](/us/usc/t5/s5941); 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](/us/usc/t5/s5941); 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](/us/usc/t10/s1603/b);123 STAT. 2624(II) becomes eligible to be paid an allowance under [section 1005(b) of title 39, United States Code](/us/usc/t39/s1005/b);(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](/us/usc/t5/s5941); 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](/us/usc/t5/s5941).(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](/us/usc/t5/s5941) (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](/us/usc/t5), 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](/us/usc/t5/s5941) (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](/us/usc/t39/s1005/b), 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](/us/usc/t39), whose duty station is in a nonforeign area) who is paid an allowance under section 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](/us/usc/t5), 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
(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](/us/usc/t5/s5941), 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.—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](/us/usc/t5), 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](/us/usc/t5); and(ii) employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of [title 5, United States Code](/us/usc/t5), during that period; and(B) interest as prescribed under [section 8334(e) of title 5, United States Code](/us/usc/t5/s8334/e), 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](/us/usc/t5/s5304), 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](/us/usc/t5/s5304), regulations prescribed under this subsection may provide for special payments 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—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, 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. 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. 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** AlabamaAnniston Army Depot$3,300,000 Redstone Arsenal$3,550,000 AlaskaFort Richardson$56,050,000 Fort Wainwright$198,000,000 ArizonaFort Huachuca$27,700,000 ArkansasPine Bluff Arsenal$25,000,000 CaliforniaFort Irwin$9,500,000 ColoradoFort Carson$240,950,000 FloridaEglin Air Force Base$132,800,000 GeorgiaFort Benning$295,300,000 Fort Gillem$10,800,000 Fort Stewart$100,400,000 HawaiiSchofield Barracks$184,000,000 Wheeler Army Air Field$7,500,000 KansasFort Riley$168,500,000 KentuckyFort Campbell$14,400,000 Fort Knox$70,000,000 LouisianaFort Polk$55,400,000 MarylandAberdeen Proving Ground$15,500,000 Fort Detrick$46,400,000 Fort Meade$2,350,000 MissouriFort Leonard Wood$170,800,000 New JerseyPicatinny Arsenal$10,200,000 New YorkFort Drum$92,700,000 North CarolinaFort Bragg$114,600,000123 STAT. 2629 Sunny Point Military Ocean Terminal$28,900,000 OklahomaFort 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 TexasFort Bliss$219,400,000 Fort Hood$42,900,000 Fort Sam Houston$19,800,000 UtahDugway Proving Ground$25,000,000 VirginiaFort A.P. Hill$23,000,000 Fort Belvoir$17,900,000 Fort Eustis$8,900,000 Fort Lee$5,000,000 WashingtonFort Lewis$18,700,000 Various locationsTroop 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:**Army: Outside the United States** **Country****Installation or Location****Amount** AfghanistanBagram Air Base$87,100,000 BelgiumMons$20,000,000 GermanyAnsbach$31,700,000 Kleber Kaserne$20,000,000 JapanOkinawa$6,000,000 Sagamihara$6,000,000 KoreaCamp Humphreys$50,200,000 KuwaitCamp Arifjan$82,000,000 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** GermanyBaumholder38$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 $3,936,000.123 STAT. 2630 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to [section 2825 of title 10, United States Code](/us/usc/t10/s2825), 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](/us/usc/t10/s2805), $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](/us/usc/t10/s2807), $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](/us/usc/t10/s2833)), $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](/us/pl/109/364/dB); [120 Stat. 2445](/us/stat/120/2445)), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 ([division B of Public Law 109–289](/us/pl/109/289/dB)), as added by section 2 of the Revised Continuing Resolution, 2007 ([Public Law 110–5](/us/pl/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](/us/pl/110/181/dB); [122 Stat. 504](/us/stat/122/504)), $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](/us/pl/110/181/dB); [122 Stat. 505](/us/stat/122/505)), $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](/us/pl/110/181/dB); [122 Stat. 505](/us/stat/122/505)), $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 123 STAT. 2631 for Fiscal Year 2009 ([division B of Public Law 110–417](/us/pl/110/417/dB); [122 Stat. 4659](/us/stat/122/4659)), $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](/us/pl/110/417/dB); [122 Stat. 4659](/us/stat/122/4659)), $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](/us/pl/110/417/dB); [122 Stat. 4663](/us/stat/122/4663)), $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](/us/pl/110/417/dB); [122 Stat. 4663](/us/stat/122/4663)), $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](/us/pl/110/417/dB); [122 Stat. 4663](/us/stat/122/4663)), $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](/us/usc/t10/s2853), 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](/us/pl/110/181/dB); [122 Stat. 505](/us/stat/122/505)) 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](/us/pl/110/181/dB); [122 Stat. 505](/us/stat/122/505)) for construction of a brigade complex operations support facility at Vicenza, Italy.(c) Limitation on Implementation of Troop Trainee Barracks Projects.—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.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](/us/pl/110/417); [122 Stat. 4659](/us/stat/122/4659)) 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.—Termination date.Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 ([division B of Public Law 109–163](/us/pl/109/163/dB); [119 Stat. 3501](/us/stat/119/3501)), authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act ([119 Stat. 3485](/us/stat/119/3485)) and extended by section 2107 of the Military Construction Authorization Act for Fiscal Year 2009 ([division B of Public Law 110–417](/us/pl/110/417/dB); [122 Stat. 4665](/us/stat/122/4665)), 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** HawaiiPohakuloaTactical Vehicle Wash Facility$9,207,000 Battle Area Complex$33,660,000 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. 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** ArizonaMarine Corps Air Station, Yuma$28,770,000 CaliforniaMountain Warfare Training Center Bridgeport$11,290,000 Marine Corps Base, Camp Pendleton$775,162,000123 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 ConnecticutNaval Submarine Base, New London$6,570,000 FloridaBlount 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 GeorgiaMarine Corps Logistics Base, Albany$4,870,000 HawaiiOahu$5,380,000 Naval Station, Pearl Harbor$60,252,000 IndianaNaval Support Activity$13,710,000 MainePortsmouth Naval Shipyard$7,090,000 MarylandNaval Surface Warfare Center, Carderock$6,520,000 Naval Air Station, Patuxent River$11,043,000 NevadaNaval Air Station, Fallon$10,670,000 North CarolinaMarine 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 IslandNaval Station, Newport$64,883,000 South CarolinaMarine Corps Air Station, Beaufort$1,280,000 Marine Corps Recruit Depot, Parris Island$6,972,000 TexasNaval Air Station, Corpus Christi$19,764,000 Naval Air Station, Kingsville$4,470,000 VirginiaNaval 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 VirginiaNaval 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** BahrainSouthwest Asia$41,526,000 DjiboutiCamp Lemonier$41,845,000 GuamNaval Activities, Guam$575,006,000123 STAT. 2634 SpainNaval 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** KoreaPusanWelcome center/ warehouse$4,376,000 Mariana IslandsNaval Activities, Guam30$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](/us/usc/t10/s2825), 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.(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 Navy in the total amount of $4,284,112,000, as follows:(1) For military construction projects inside the United States authorized by section 2201(a), $2,746,704,000.(2) For military construction projects outside the United States authorized by section 2201(b), $233,445,000.(3) For unspecified minor military construction projects authorized by [section 2805 of title 10, United States Code](/us/usc/t10/s2805), $12,483,000.(4) For architectural and engineering services and construction design under [section 2807 of title 10, United States Code](/us/usc/t10/s2807), $179,652,000.(5) For military family housing functions:(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $146,569,000.123 STAT. 2635(B) For support of military family housing (including functions described in [section 2833 of title 10, United States Code](/us/usc/t10/s2833)), $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](/us/pl/108/375/dB); [118 Stat. 2106](/us/stat/118/2106)), $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](/us/pl/109/163/dB); [119 Stat. 3490](/us/stat/119/3490)), 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](/us/pl/110/181/dB); [122 Stat. 510](/us/stat/122/510)), $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](/us/pl/110/181/dB); [122 Stat. 510](/us/stat/122/510)), $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.(b) Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by [section 2853 of title 10, United States Code](/us/usc/t10/s2853), and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 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) $100,000,000 (the balance of the amount authorized under section 2201(a) for Ship Repair Pier Replacement at the Norfolk Naval Shipyard, Virginia).(3) $40,000,000 (the balance of the amount authorized under section 2201(b) for wharves improvements, Apra Harbor, Guam).(4) $41,520,000 (the balance of the amount authorized under section 2201(a) for Enclave Fencing/Parking at Bremerton, Washington).(5) $94,100,000 (the balance of the amount authorized under section 2201(b) for north ramp parking at Andersen Air Force Base, Guam).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](/us/pl/109/163/dB); [119 Stat. 3490](/us/stat/119/3490)) 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](/us/stat/119/3492)) 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.—Termination date.Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 ([division B of Public Law 109–163](/us/pl/109/163/dB); [119 Stat. 3501](/us/stat/119/3501)), 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. 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. 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** AlaskaClear Air Force Station$24,300,000 Eielson Air Force Base$13,350,000 Elmendorf Air Force Base$15,700,000 ArizonaDavis-Monthan Air Force Base$41,900,000 ArkansasLittle Rock Air Force Base$16,200,000 CaliforniaLos Angeles Air Force Base$8,000,000 Travis Air Force Base$12,900,000 Vandenberg Air Force Base$13,000,000 ColoradoPeterson Air Force Base$32,300,000123 STAT. 2637 United States Air Force Academy$17,500,000 DelawareDover Air Force Base$24,900,000 FloridaEglin 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 GeorgiaMoody Air Force Base$10,000,000 Warner Robins Air Force Base$6,200,000 HawaiiHickam Air Force Base$4,000,000 Wheeler Air Force Base$15,000,000 IdahoMountain Home Air Force Base$20,000,000 IllinoisScott Air Force Base$7,400,000 LouisianaBarksdale Air Force Base$12,800,000 MarylandAndrews Air Force Base$9,300,000 MississippiColumbus Air Force Base$9,800,000 MissouriWhiteman Air Force Base$12,900,000 MontanaMalstrom Air Force Base$10,600,000 NebraskaOffutt Air Force Base$10,400,000 NevadaCreech Air Force Base$2,700,000 New JerseyMcGuire Air Force Base$7,900,000 New MexicoCannon Air Force Base$15,000,000 Holloman Air Force Base$53,400,000 Kirtland Air Force Base$22,500,000 North CarolinaPope Air Force Base$9,000,000 Seymour Johnson Air Force Base$6,900,000 North DakotaGrand Forks Air Force Base$12,000,000 Minot Air Force Base$11,500,000 OhioWright-Patterson Air Force Base$58,600,000 OklahomaAltus Air Force Base$20,300,000 Tinker Air Force Base$18,237,000 Vance Air Force Base$10,700,000 South CarolinaShaw Air Force Base$21,183,000 South DakotaEllsworth Air Force Base$14,500,000 TexasDyess 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 UtahHill Air Force Base$26,153,000 VirginiaLangley Air Force Base$10,000,000 WashingtonFairchild Air Force Base$15,150,000 WyomingF. 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** AfghanistanBagram Air Base$22,000,000 ColombiaPalanquero Air Base$46,000,000 GermanyRamstein Air Base$34,700,000 Spangdahlem Air Base$23,500,000 GuamAndersen Air Force Base$61,702,000 ItalyNaval Air Station Sigonella$31,300,000 QatarAl Udeid Air Base$60,000,000 TurkeyIncirlik Air Base$9,200,000 123 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](/us/usc/t10/s2825), 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](/us/usc/t10/s2805), $20,000,000.(4) For architectural and engineering services and construction design under [section 2807 of title 10, United States Code](/us/usc/t10/s2807), $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](/us/usc/t10/s2833)), $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](/us/pl/110/417/dB); [122 Stat. 4682](/us/stat/122/4682)) 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](/us/stat/122/4683)) 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.—Termination date.Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2007 ([division B of Public Law 109–364](/us/pl/109/364/dB); [120 Stat. 2463](/us/stat/120/2463)), authorizations set forth in the table in subsection (b), as provided in sections 2301 and 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** DelawareDover Air Force BaseC–17 Aircrew Life Support$7,400,000 IdahoMountain Home Air Force BaseReplace Family Housing (457 units)$107,800,000 SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 PROJECTS.(a) Extension.—Termination date.Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 ([division B of Public Law 109–163](/us/pl/109/163/dB); [119 Stat. 3501](/us/stat/119/3501)), authorizations set forth in the table in subsection (b), as provided in section 2302 of that Act ([119 Stat. 3495](/us/stat/119/3495)) and extended by section 2305 of the Military Construction Authorization Act for Fiscal Year 2009 ([division B of Public Law 110–417](/us/pl/110/417/dB); [122 Stat. 4684](/us/stat/122/4684)), 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** AlaskaEielson Air Force BaseReplace Family Housing (92 units)$37,650,000 Eielson Air Force BasePurchase Build/Lease Housing (300 units)$18,144,000 North DakotaGrand Forks Air Force BaseReplace Family Housing (150 units)$43,353,000 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 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 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. 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** GeorgiaFort Benning$2,330,000 Fort Stewart/Hunter Army Air Field$22,501,000 North CarolinaFort Bragg$3,439,000 123 STAT. 2641 **Defense Information Systems Agency** **State****Installation or Location****Amount** HawaiiNaval Station Pearl Harbor, Ford Island$9,633,000 **Defense Logistics Agency** **State****Installation or Location****Amount** CaliforniaEl Centro$11,000,000 Travis Air Force Base$15,357,000 FloridaJacksonville International Airport (Air National Guard)$11,500,000 MinnesotaDuluth International Airport (Air National Guard)$15,000,000 OklahomaAltus Air Force Base$2,700,000 TexasFort Hood$3,000,000 WashingtonFairchild Air Force Base$7,500,000 **Missile Defense Agency** **State****Installation or Location****Amount** AlabamaRedstone Arsenal$12,000,000 Virginia Naval Support Facility, Dahlgren$24,500,000 **National Security Agency** **State****Installation or Location****Amount** MarylandFort Meade$203,800,000 **Special Operations Command** **State****Installation or Location****Amount** CaliforniaNaval Amphibious Base, Coronado$15,722,000 ColoradoFort Carson$48,246,000 FloridaEglin Air Force Base$3,046,000 Hurlburt Field$8,156,000 GeorgiaFort Benning$3,046,000 KentuckyFort Campbell$39,135,000 New MexicoCannon Air Force Base$58,864,000 North CarolinaFort Bragg$101,488,000 Marine Corps Base, Camp Lejeune$11,791,000 VirginiaNaval Amphibious Base, Little Creek$18,669,000 WashingtonFort Lewis$14,500,000 123 STAT. 2642 **TRICARE Management Activity** **State****Installation or Location****Amount** AlaskaElmendorf Air Force Base$25,017,000 Fort Richardson$3,518,000 ColoradoFort Carson$31,900,000 GeorgiaFort Benning$17,200,000 Fort Stewart/Hunter Army Field$22,200,000 KentuckyFort Campbell$8,600,000 MarylandFort Detrick$29,807,000 MissouriFort Leonard Wood$5,570,000 North CarolinaFort Bragg$57,658,000 OklahomaFort Sill$10,554,000 TexasLackland Air Force Base$101,928,000 Fort Bliss$990,600,000 WashingtonFort Lewis$15,636,000 **Washington Headquarters Services** **State****Installation or Location****Amount** VirginiaPentagon 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** BelgiumBrussels$38,124,000 GermanyBoeblingen$50,000,000 Kaiserslautern$93,545,000 Wiesbaden Air Base$5,379,000 United KingdomRoyal Air Force Lakenheath$4,509,000 **Defense Intelligence Agency** **Country****Installation or Location****Amount** KoreaK–16 Airfield$5,050,000 **Defense Logistics Agency** **Country****Installation or Location****Amount** CubaNaval Air Station, Guantanamo Bay$12,500,000 GreeceSouda Bay$24,000,000 GuamNaval Air Station, Agana$4,900,000123 STAT. 2643 KoreaOsan Air Base$28,000,000 United KingdomRoyal Air Force Mildenhall$4,700,000 **National Security Agency** **Country****Installation or Location****Amount** United KingdomRoyal Air Force Menwith Hill Station$37,588,000 **North Atlantic Treaty Organization** **State****Installation or Location****Amount** BelgiumNATO Headquarters$41,400,000 **TRICARE Management Activity** **Country****Installation or Location****Amount** GuamNaval Activities, Guam$446,450,000 United KingdomRoyal 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** PennsylvaniaCumberland Depot6$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](/us/usc/t10/ch173), 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: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](/us/usc/t10/s2805), $33,025,000.(4) For contingency construction projects of the Secretary of Defense under [section 2804 of title 10, United States Code](/us/usc/t10/s2804), $10,000,000.(5) For architectural and engineering services and construction design under [section 2807 of title 10, United States Code](/us/usc/t10/s2807), $121,442,000.(6) For energy conservation projects under [chapter 173 of title 10, United States Code](/us/usc/t10/ch173), $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](/us/usc/t10/s2833)), $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](/us/usc/t10/s2883), and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ([42 U.S.C. 3374](/us/usc/t42/s3374)), $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](/us/pl/109/364/dB); [120 Stat. 2457](/us/stat/120/2457)), $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](/us/pl/110/181/dB); [122 Stat. 521](/us/stat/122/521)), 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](/us/pl/110/181/dB); [122 Stat. 521](/us/stat/122/521)), $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](/us/pl/110/417/dB) [122 Stat. 4689](/us/stat/122/4689)), $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](/us/pl/110/417/dB); [122 Stat. 4691](/us/stat/122/4691)), 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 123 STAT. 2645 Supplemental Appropriations Act, 2009 ([Public Law 111–32](/us/pl/111/32); [123 Stat. 1888](/us/stat/123/1888)), $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](/us/usc/t10/s2853), 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](/us/pl/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](/us/pl/110/417/dB); [122 Stat. 4689](/us/stat/122/4689)) 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](/us/pl/110/181/dB); [122 Stat. 521](/us/stat/122/521)), 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](/us/usc/t10/ch173), 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](/us/pl/110/417/dB); [122 Stat. 4691](/us/stat/122/4691).[122 Stat. 4690](/us/stat/122/4690)) 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”.123 STAT. 2646(c) Conforming Amendments.—Section 2403 of that Act ([122 Stat. 4692](/us/stat/122/4692)) 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](/us/pl/110/181/dB); [122 Stat. 521](/us/stat/122/521)) 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](/us/stat/122/524)) is amended by striking “$84,300,000” and inserting “$139,300,000”. SEC. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 PROJECT.(a) Termination date.Extension.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2007 ([division B of Public Law 109–364](/us/pl/109/364/dB); [120 Stat. 2463](/us/stat/120/2463)), 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** VirginiaDefense Supply Center, RichmondWhole House Renovation$484,000 123 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](/us/pl/104/201/dB); [110 Stat. 2775](/us/stat/110/2775)), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 ([division B of Public Law 106–65](/us/pl/106/65/dB); [113 Stat. 839](/us/stat/113/839)), section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 ([division B of Public Law 107–314](/us/pl/107/314/dB); [116 Stat. 2698](/us/stat/116/2698)), and section 2413 of the Military Construction Authorization Act for Fiscal Year 2009 ([division B of Public Law 110–417](/us/pl/110/417/dB); [122 Stat. 4697](/us/stat/122/4697)), $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](/us/pl/106/65/dB); [113 Stat. 835](/us/stat/113/835)), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 ([division B of Public Law 107–107](/us/pl/107/107/dB); [115 Stat. 1298](/us/stat/115/1298)), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 ([division B of Public Law 107–314](/us/pl/107/314/dB); [116 Stat. 2698](/us/stat/116/2698)), and section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 ([division B of Public Law 110–417](/us/pl/110/417/dB); [122 Stat. 4697](/us/stat/122/4697)), $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](/us/usc/t10/s2806), 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 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** AlabamaFort McClellan$3,000,000 ArizonaCamp Navajo$3,000,000 CaliforniaLos Alamitos Joint Forces Training Base$31,000,000 GeorgiaFort Benning$15,500,000 Hunter Army Air Field$8,967,000 IdahoGowen Field$16,100,000 IllinoisMilan$5,600,000 IndianaMuscatatuck Urban Training Center$10,100,000 IowaCamp Dodge$4,000,000 KansasSalina Army National Guard Aviation Facility$2,227,000 MassachusettsHanscom Air Force Base$29,000,000 MichiganFort Custer$7,732,000 MinnesotaArden Hills Army Training Site$6,700,000 Camp Ripley$1,710,000 MississippiCamp Shelby$16,100,000 Monticello$14,350,000 MissouriBoonville$1,800,000 NebraskaLincoln Municipal Airport$23,000,000 NevadaCarson City$2,000,000 North Las Vegas$26,000,000 New MexicoSanta Fe$39,000,000 North CarolinaEast Flat Rock$2,516,000 Fort Bragg$6,038,000 OregonClatsop County$3,369,000 Polk County$12,100,000 South CarolinaEastover$26,000,000 Greenville$40,000,000 South DakotaCamp Rapid$9,840,000 TexasAustin$22,200,000 VermontEthan Allen Firing Range$1,996,000 VirginiaFort Pickett$32,000,000 West VirginiaSt. Albans Armory$2,000,000 123 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** GuamBarrigada$30,000,000 Virgin IslandsSt. 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 UnspecifiedUnspecified 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** CaliforniaCamp Pendleton$19,500,000 Los Angeles$29,000,000 ColoradoColorado Springs$13,000,000 ConnecticutBridgeport$18,500,000 FloridaPanama City$7,300,000 West Palm Beach$26,000,000 GeorgiaAtlanta$14,000,000 IllinoisChicago$23,000,000 MinnesotaFort Snelling$12,000,000 New YorkRochester$13,600,000 OhioCincinnati$13,000,000 PennsylvaniaAshley$9,800,000 Harrisburg$7,600,000 Newton Square$20,000,000 Uniontown$11,800,000 TexasAustin$20,000,000 Bryan$12,200,000 Fort Bliss$9,500,000 Houston$24,000,000 Robstown$10,200,000 San Antonio$20,000,000123 STAT. 2650 WisconsinFort 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 RicoCaguas$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 UnspecifiedUnspecified 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** ArizonaLuke Air Force Base$10,986,000 CaliforniaAlameda$5,960,000 IllinoisJoliet Army Ammunition Plant$7,957,000 South CarolinaGoose Creek$4,240,000 TexasSan Antonio$2,210,000 Fort Worth Naval Air Station Joint Reserve Base$6,170,000 VirginiaOceana 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:123 STAT. 2651 **Navy Reserve and Marine Corps Reserve** **Location****Location or Installation****Amount** Worldwide UnspecifiedUnspecified 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** ArizonaDavis-Monthan Air Force Base$5,600,000 CaliforniaFresno Yosemite International Airport$9,800,000 South California Logistics Airport$8,400,000 ColoradoBuckley Air National Guard Base$4,500,000 ConnecticutBradley International Airport$9,000,000 HawaiiHickam Air Force Base$33,000,000 IllinoisLincoln Capital Airport$3,000,000 IowaDes Moines$4,600,000 KansasMcConnell Air Force Base$8,700,000 MaineBangor International Airport$28,000,000 MarylandAndrews Air Force Base$14,000,000 MassachusettsBarnes Air National Guard Base$8,100,000 Otis Air National Guard Base$12,800,000 MichiganAlpena Combat Readiness Training Center$8,900,000 Battle Creek Air National Guard Base$14,000,000 Selfridge Air National Guard Base$7,100,000 MinnesotaMinnesota/St. Paul International Airport 133rd Airlift Wing Base$1,900,000 MississippiGulfport-Biloxi Regional Airport$6,500,000 MissouriRosecrans Memorial Airport$9,300,000 NebraskaLincoln Municipal Airport$1,500,000 NevadaReno$10,800,000 New HampshirePease Air National Guard Base$10,000,000 New JerseyMcGuire Air Force Base$9,700,000 New YorkWheeler Sack Army Airfield$2,700,000 OhioMansfield Lahm Airport$11,400,000 OklahomaWill Rogers World Airport$7,300,000 South CarolinaMcEntire Joint Air National Guard Base$1,300,000 South DakotaJoe Foss Field$2,600,000 TennesseeMemphis, 164th Airlift Wing$9,800,000 TexasKelly Field Annex$7,900,000 VermontBurlington International Airport$6,000,000 West VirginiaMartinsburg$19,500,000 WisconsinGeneral Mitchell International Airport$5,000,000 WyomingCheyenne 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:123 STAT. 2652 **Air National Guard** **Location****Location or Installation****Amount** Worldwide UnspecifiedUnspecified 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** CaliforniaMarch Air Reserve Base$9,800,000 ColoradoSchriever Air Force Base$10,200,000 MississippiKeesler Air Force Base$9,800,000 New YorkNiagara Falls Air Reserve Station$5,700,000 PennsylvaniaPittsburgh Air Force Base$12,400,000 TexasLackland Air Force Base$1,500,000 UtahHill 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 UnspecifiedUnspecified 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](/us/usc/t10/ch1803) (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, $112,269,000.123 STAT. 2653(b) Limitation on Implementation of Projects at Certain Unspecified Worldwide Locations.—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) Termination date.Extension.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2007 ([division B of Public Law 109–364](/us/pl/109/364/dB); [120 Stat. 2463](/us/stat/120/2463)), 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** CaliforniaFresnoAVCRAD Add/Alt, PH I$30,000,000 New JerseyLakehurstConsolidated Logistics Training Facility, PH II$20,024,000 SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 PROJECT.(a) Termination date.Extension.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 ([division B of Public Law 109–163](/us/pl/109/163/dB); [119 Stat. 3501](/us/stat/119/3501)), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act ([119 Stat. 3501](/us/stat/119/3501)) and extended by section 2608 of the Military Construction Authorization Act for Fiscal Year 2009 ([division B of Public Law 110–417](/us/pl/110/417/dB); [122 Stat. 4710](/us/stat/122/4710)), 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:123 STAT. 2654 **Army National Guard: Extension of 2006 Project Authorization** **State****Installation or Location****Project****Amount** MontanaTownsendAutomated Qualification Training Range$2,532,000 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. 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](/us/pl/101/510/tXXIX); [10 U.S.C. 2687 note](/us/usc/t10/s2687)) 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 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](/us/pl/101/510/tXXIX); [10 U.S.C. 2687 note](/us/usc/t10/s2687)) 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](/us/pl/101/510/tXXIX); [10 U.S.C. 2687 note](/us/usc/t10/s2687)) 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](/us/pl/110/417/dB); [122 Stat. 4715](/us/stat/122/4715)) 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 123 STAT. 2656 A of [title XXIX of Public Law 101–510](/us/pl/101/510/tXXIX); [10 U.S.C. 2687 note](/us/usc/t10/s2687)), 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. 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 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) 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](/us/pl/110/181); [122 Stat. 475](/us/stat/122/475)) 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) 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](/us/usc/t23/s210)) 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](/us/usc/t10/s2674/f).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](/us/pl/101/510/tXXIX); [10 U.S.C. 2687 note](/us/usc/t10/s2687)) 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 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.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 Sec. 2821. Modification of utility systems conveyance authority. Sec. 2822. Report on global defense posture realignment and interagency review. Sec. 2823. Property and facilities management of the Armed Forces Retirement Home. Sec. 2824. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California. Sec. 2825. Selection of military installations to serve as locations of brigade combat teams. Sec. 2826. Report on Federal assistance to support communities adversely impacted by expansion of military installations. Subtitle C— Provisions Related to Guam Realignment Sec. 2831. Role of Department of Defense in management and coordination of Defense activities relating to Guam realignment. Sec. 2832. Clarifications regarding use of special purpose entities to assist with Guam realignment. Sec. 2833. Workforce issues related to military construction and certain other transactions on Guam. Sec. 2834. Composition of workforce for construction projects funded through the Support for United States Relocation to Guam Account. Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Realignment. Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on acceptance of replacement facility for Marine Corps Air Station, Futenma, Okinawa. Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pacific region. Subtitle D— Energy Security Sec. 2841. Adoption of unified energy monitoring and utility control system specification for military construction and military family housing activities. Sec. 2842. Department of Defense goal regarding use of renewable energy sources to meet facility energy needs. Sec. 2843. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods. Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. Sec. 2845. Study on development of nuclear power plants on military installations. Sec. 2846. Comptroller General report on Department of Defense renewable energy initiatives, including solar initiatives, on military installations. Subtitle E— Land Conveyances Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, California. Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility to City of Ferndale, California. Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui areas, Pearl Harbor, Hawaii. Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New York. Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. Subtitle F— Other Matters Sec. 2871. Revised authority to establish national monument to honor United States Armed Forces working dog teams.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](/us/usc/t10/s2805), 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](/us/pl/110/417); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” 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](/us/pl/110/417); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) 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](/us/usc/t10/s2805/d).”".(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”.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](/us/usc/t10/s2811/d), 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](/us/usc/t10/s2853), 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](/us/usc/t10/s2869), 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); and123 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:"“§ 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](/us/usc/t10/s18233/a/1), 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](/us/pl/108/136/dB); [117 Stat. 1723](/us/stat/117/1723)), as most recently amended by section 2806 of the Military Construction Authorization Act for Fiscal Year 2009 ([division B of Public Law 110–417](/us/pl/110/417/dB); [112 Stat. 4724](/us/stat/112/4724)), is amended—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. [10 USC 3013 note](/us/usc/t10/s3013).EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE.(a) Expansion of Initiative.—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;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](/us/usc/t10/ch169/schIV). 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](/us/usc/t10/s18233/a), 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](/us/usc/t10/s2688), is amended by striking “system; and” and inserting the following: “system by 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) 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](/us/usc/t10/ch159), is amended by inserting after section 2687 the following new section:"“§ 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.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](/us/usc/t10/s118), 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](/us/usc/t24/s411)) 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) 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](/us/usc/t40/ch5/schIII) ([40 U.S.C. 541 et seq.](/us/usc/t40/s541/etseq)). 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 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](/us/usc/t40/s102)) subject to disposal under subsection (e)(3).“(2) 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](/us/usc/t40/s1302), 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) 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) Determination.If a proposed lease under this subsection involves only personal property, the lease term exceeds one year, or the fair 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) 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. [10 USC 3013 note](/us/usc/t10/s3013).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: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](/us/usc/t31/ch69), 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](/us/usc/t10/s132), is amended by adding at the end the following new subsection:"“(d) 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](/us/fr/68/25477); [48 U.S.C. note](/us/usc/t48) 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](/us/fr/57/2213); 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) [10 USC 2687 note](/us/usc/t10/s2687).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.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.—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](/us/pl/110/417/dB); [10 U.S.C. 2687 note](/us/usc/t10/s2687)) 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](/us/pl/110/417/dB); [122 Stat. 4729](/us/stat/122/4729)) 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 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](/us/pl/110/417/dB); [10 U.S.C. 2687 note](/us/usc/t10/s2687)) 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](/us/usc/t40/ch31/schIV), 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](/us/usc/t40/s3145).“(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)](/us/usc/t8/s1101/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](/us/usc/t40/s3145), 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)](/us/usc/t8/s1101/a/15/H/ii/b)).“(E) 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 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](/us/pl/110/417/dB); [10 U.S.C. 2687 note](/us/usc/t10/s2687)) 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)](/us/usc/t8/s1101/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](/us/cfr/t8/s214.2); and“(ii) 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.—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](/us/cfr/t8/s214.2), 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)](/us/usc/t8/s1101/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)](/us/usc/t8/s1101/a/15/H/ii/b)) will not adversely affect the wages and working conditions of workers in Guam similarly employed.“(D) Solicitation of workers.—Contracts.Recruitment plan.In order to ensure compliance with subparagraph (A), as a condition of a contract covered by such subparagraph, the contractor shall 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. 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. 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) 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. 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. 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.—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](/us/fr/74/6985)), 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) 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—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. [10 USC 2687 note](/us/usc/t10/s2687).INTERAGENCY COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM REALIGNMENT.(a) Interagency Coordination Group.—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, 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.—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.—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, 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.—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 123 STAT. 2677 or national security or in the conduct of foreign affairs; or(C) a part of an ongoing criminal investigation.(5) 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) President.Public Availability; Waiver.—(1) Public availability.—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.—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.—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.—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.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.—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) 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 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](/us/usc/t10/ch169/schIII), is amended by inserting after section 2866 the following new section:"“§ 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) 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. Notification.The Secretary concerned shall notify the congressional defense committees of any waiver granted under this paragraph.” ".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) [10 USC 2867 note](/us/usc/t10/s2867).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](/us/usc/t10/s2867), 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](/us/usc/t10/s2867), 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](/us/usc/t10/s2911), 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)](/us/usc/t42/s15852/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.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](/us/usc/t10/ch173/schI), is amended by adding at the end the following new section:"“§ 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.” ".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](/us/usc/t10/ch173/schII), is amended by adding at the end the following new section:"“§ 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.—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) Deadline.[10 USC 2922g note](/us/usc/t10/s2922g).Regulations.—The Secretary of Defense shall prescribe regulations to implement [section 2922g of title 10, United States Code](/us/usc/t10/s2922g), as added by subsection (a), within one year after the date of the enactment of this Act.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) 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; and123 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](/us/usc/t10/s2911/e). 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.—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. 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 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.](/us/usc/t42/s4321/etseq)), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ([42 U.S.C. 9601 et seq.](/us/usc/t42/s9601/etseq)) and the Solid Waste Disposal Act ([42 U.S.C. 6901 et seq.](/us/usc/t42/s6901/etseq)).(f) Description of Property.—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](/us/stat/64/311/ch429)), 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](/us/pl/102/562); [16 U.S.C. 431 note](/us/usc/t16/s431); [106 Stat. 4235](/us/stat/106/4235)) 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](/us/stat/39/535); [16 U.S.C. 1 et seq.](/us/usc/t16/s1/etseq)) and the Act of August 21, 1935 ([49 Stat. 666](/us/stat/49/666); [16 U.S.C. 461 et seq.](/us/usc/t16/s461/etseq)). 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.—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. 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 123 STAT. 2686 land, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ([42 U.S.C. 9601 et seq.](/us/usc/t42/s9601/etseq)).“(e) Public Access.—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.](/us/usc/t42/s4321/etseq)), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ([42 U.S.C. 9601 et seq.](/us/usc/t42/s9601/etseq)) and the Solid Waste Disposal Act ([42 U.S.C. 6901 et seq.](/us/usc/t42/s6901/etseq)).”".(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.—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 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](/us/usc/t10/s2883/a), 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. 9–1–013:069.123 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.—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](/us/pl/104/42/tII); [109 Stat. 357](/us/stat/109/357); [48 U.S.C. 491 note](/us/usc/t48/s491) 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.](/us/usc/t42/s9601/etseq)) and the Solid Waste Disposal Act ([42 U.S.C. 6901 et seq.](/us/usc/t42/s6901/etseq)).(f) Description of Property.—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 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](/us/usc/t10/s2667/c), 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.—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. Expiration date.If the Secretary’s offer is not so accepted within the 180-day period, the offer shall expire.(2) Conveyance deadline.—If aContracts. 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.—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 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](/us/pl/108/375/dB); [118 Stat. 2152](/us/stat/118/2152)) 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](/us/usc/t10/s2667/e), 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) 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. Records.A determination by 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](/us/pl/105/85/dB); [111 Stat. 2010](/us/stat/111/2010)), as amended by section 2865(a) of the Military Construction Act for Fiscal Year 2001 (as enacted into law by [Public Law 106–398](/us/pl/106/398); [114 Stat. 1654A–435](/us/stat/114/1654A–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](/us/pl/105/85/dB); [111 Stat. 2010](/us/stat/111/2010)), as amended by section 2865(b) of the Military Construction Act for Fiscal Year 2001 (as enacted into law by [Public Law 106–398](/us/pl/106/398); [114 Stat. 1654A–435](/us/stat/114/1654A–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.—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) 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. 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.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](/us/usc/t10/s2667/e), 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.](/us/usc/t42/s4321/etseq)), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ([42 U.S.C. 9601 et seq.](/us/usc/t42/s9601/etseq)), and the Solid Waste Disposal Act ([42 U.S.C. 6901 et seq.](/us/usc/t42/s6901/etseq)).(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 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](/us/pl/107/107/dB); [115 Stat. 1315](/us/stat/115/1315)), as amended by section 2852 of the Military Construction Authorization Act for Fiscal Year 2005 ([division B of Public Law 108–375](/us/pl/108/375/dB); [118 Stat. 2143](/us/stat/118/2143)), is further amended—(1) 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”.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](/us/usc/t10), 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](/us/usc/t10/s2667/e), and shall be available in accordance with paragraph (5)(B)(ii) of such subsection.(c) Reversionary Interest.—(1) 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. 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; or123 STAT. 2696(B) 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) 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](/us/pl/110/181); [122 Stat. 563](/us/stat/122/563); [16 U.S.C. 431 note](/us/usc/t16/s431)) 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 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](/us/pl/91/383/s8/c) ([16 U.S.C. 1a–5(c)](/us/usc/t16/s1a–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) Applicability.Report.—[Section 8(c) of Public Law 91–383](/us/pl/91/383/s8/c) ([16 U.S.C. 1a–5(c)](/us/usc/t16/s1a–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.—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](/us/pl/111/11); [123 Stat. 1059](/us/stat/123/1059); [16 U.S.C. 460vvv](/us/usc/t16/s460vvv)) 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.”".123 STAT. 2698 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. 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** AfghanistanAirborne$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](/us/usc/t10/s2805), $20,100,000.123 STAT. 2699(3) For architectural and engineering services and construction design under [section 2807 of title 10, United States Code](/us/usc/t10/s2807), $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** AfghanistanBagram 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](/us/usc/t10/s2807), $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.—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 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 Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Defense nuclear waste disposal. Sec. 3105. Energy security and assurance. Sec. 3106. Relation to funding tables. Subtitle B— Program Authorizations, Restrictions, and Limitations Sec. 3111. Stockpile stewardship program. Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile stewardship program. Sec. 3113. Stockpile management program. Sec. 3114. Dual validation of annual weapons assessment and certification. Sec. 3115. Elimination of nuclear weapons life extension program from exception to requirement to request funds in budget of the President. Sec. 3116. Long-term plan for the modernization and refurbishment of the nuclear security complex. Sec. 3117. Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship. Sec. 3118. Modification of minor construction threshold for plant projects. Sec. 3119. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3120. National Nuclear Security Administration authority for urgent nonproliferation activities. Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration. Subtitle C— Reports Sec. 3131. National Academy of Sciences review of national security laboratories.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 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. 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 $5,495,831,000.123 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)](/us/usc/t42/s10222/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](/us/pl/107/314/dD); [50 U.S.C. 2521](/us/usc/t50/s2521)) 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; and123 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](/us/usc/t50/s2471))).”".(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](/us/pl/107/314/dD); [50 U.S.C. 2522](/us/usc/t50/s2522)) 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) 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](/us/pl/108/136); [117 Stat. 1751](/us/stat/117/1751); [50 U.S.C. 2523 note](/us/usc/t50/s2523)) 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; and123 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](/us/usc/t50/s2453)).“(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](/us/usc/t50/s2471)).“(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](/us/pl/107/314/dD); [50 U.S.C. 2501 et seq.](/us/usc/t50/s2501/etseq)) is amended—(1) Repeal.by repealing section 4204A ([50 U.S.C. 2524a](/us/usc/t50/s2524a)); and(2) by amending section 4204 ([50 U.S.C. 2524](/us/usc/t50/s2524)) 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 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.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](/us/usc/t31/s1105), 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](/us/pl/107/314/dD)) 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.—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](/us/pl/107/314/dD); [50 U.S.C. 2525](/us/usc/t50/s2525)), 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](/us/pl/107/314/dD); [50 U.S.C. 2525](/us/usc/t50/s2525)) 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”; and123 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](/us/usc/t50/s2529)) 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.](/us/usc/t50/s2451/etseq)) is amended by adding at the end the following new section:"“SEC. 3255. [50 USC 2455](/us/usc/t50/s2455).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—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](/us/usc/t50/s404a)), 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—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](/us/usc/t31/s1105/a).“(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](/us/usc/t10/s118).” ".(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](/us/usc/t50/s2561)) 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)](/us/usc/t50/s2741/3)) is amended by striking “$5,000,000” and inserting “$10,000,000”.(b) [50 USC 2741](/us/usc/t50/s2741) 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](/us/usc/t50/s2743)), 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) 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)](/us/usc/t50/s2701/c/1)) is amended by striking “September 30, 2009” and inserting “September 30, 2011”.123 STAT. 2710 SEC. 3120. [50 USC 2455a](/us/usc/t50/s2455a).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) 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) 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](/us/pl/109/364); [120 Stat. 2507](/us/stat/120/2507); [42 U.S.C. 7144b note](/us/usc/t42/s7144b)) is amended to read as follows:"“(a) 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.”".123 STAT. 2711 Subtitle C—Reports SEC. 3131. NATIONAL ACADEMY OF SCIENCES REVIEW OF NATIONAL SECURITY LABORATORIES.(a) In General.—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.—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)](/us/usc/t50/s401a/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.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) 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](/us/usc/t50/s2521)) 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.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.—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 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.—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).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](/us/pl/111/5); [123 Stat. 140](/us/stat/123/140)). Subtitle D—Other Matters SEC. 3141. [50 USC 2451 note](/us/usc/t50/s2451).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.—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](/us/usc/t42/s7385s–15)) is amended—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) [42 USC 7385s-15 note](/us/usc/t42/s7385s-15).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.](/us/usc/t42/s7384l/etseq)). SEC. 3143. [42 USC 7279](/us/usc/t42/s7279).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](/us/usc/t31/s1105/a)) 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.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 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.](/us/usc/t42/s2286/etseq)). 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](/us/usc/t10/ch641), relating to the naval petroleum reserves.(b) Period of Availability.—Funds appropriated pursuant to the authorization of appropriations in subsection
(a)shall remain available until expended. TITLE XXXV—MARITIME ADMINISTRATION Sec. 3501. Authorization of appropriations for fiscal year 2010. Sec. 3502. 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.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](/us/usc/t46/ch531), $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)](/us/usc/t2/s661a/5)) of loan guarantees under the program authorized by [chapter 537 of title 46, United States Code](/us/usc/t46/ch537), $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](/us/usc/t46/ch537), 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](/us/usc/t46/s53101)), 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](/us/usc/t46/s54101), $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 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](/us/pl/110/417); [122 Stat. 4356](/us/stat/122/4356)). 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](/us/usc/t46/ch513), is amended by adding at the end thereof the following:"“§ 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](/us/usc/t46/ch513), is amended by adding at the end thereof the following new item: “51317. Adjunct professors.’ ”’.
(2)Repeal.Conforming amendment.—Section 3506 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([46 U.S.C. 53101 note](/us/usc/t46/s53101)) 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](/us/usc/t46), has a long and successful history of facilitating construction of commercial vessels in domestic shipyards;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 Piracy.AGAINST UNAUTHORIZED SEIZURES OF MARITIME SECURITY FLEET VESSELS. [Section 53107(b) of title 46, United States Code](/us/usc/t46/s53107/b), 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—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](/us/usc/t46/s51509/b), 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](/us/pl/111/8/dI/s177)*Ante*, p. 944. ([123 Stat. 945](/us/stat/123/945); relating to amendments previously enacted by [section 3503 of division C of Public Law 110–417](/us/pl/110/417/dC/s3503) ([122 Stat. 4762](/us/stat/122/4762))) 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](/us/usc/t49/s109), 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)](/us/usc/t16/s5405/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 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](/us/usc/t46/s51314), 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](/us/usc/t46/s50101/a/4), 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](/us/usc/t46/s50302), 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.](/us/usc/t42/s4321/etseq)) 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 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](/us/usc/t49/ch53), 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](/us/usc/t49/ch53).“(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](/us/usc/t23/ch6), 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 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](/us/pl/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](/us/pl/109/59/s9008)), Alaska (as authorized by [section 10205 of Public Law 109–59](/us/pl/109/59/s10205)), or Guam (as authorized by [section 3512 of Public Law 110–417](/us/pl/110/417/s3512)).“(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](/us/pl/92/402/s3) ([16 U.S.C. 1220](/us/usc/t16/s1220)) 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](/us/pl/107/314/s3504/b) ([16 U.S.C. 1220 note](/us/usc/t16/s1220)).”".(b) Limitation.—[Section 7 of Public Law 92–402](/us/pl/92/402/s7) ([16 U.S.C. 1220c–1](/us/usc/t16/s1220c–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](/us/usc/t46/s51309/b), 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](/us/usc/t46/s55601), 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—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. [49 USC 109 note](/us/usc/t49/s109).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.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](/us/usc/t10), 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) **Line****Item****FY 2010** **Request****Conference** **Agreement** **AIRCRAFT PROCUREMENT, ARMY** **AIRCRAFT** **FIXED WING** 001JOINT CARGO AIRCRAFT
(JCA)002UTILITY F/W AIRCRAFT 003MQ–1 UAV401,364201,364 Avoid forward funding of production[–200,000] 004RQ–11 (RAVEN)35,00835,008 004AC–12A **ROTARY WING** 006ARMED RECONNAISSANCE HELICOPTER 007 ADVANCE PROCUREMENT
(CY)008HELICOPTER, LIGHT UTILITY (LUH)326,040326,040 009AH–64 APACHE BLOCK III161,280161,280 010 ADVANCE PROCUREMENT (CY)57,89057,890 011UH–60 BLACKHAWK (MYP)1,258,3741,258,374 012 ADVANCE PROCUREMENT (CY)98,74098,740 013CH–47 HELICOPTER860,087882,087 Transfer From APA 22[22,000]123 STAT. 2727 014 ADVANCE PROCUREMENT (CY)50,67650,676 015HELICOPTER NEW TRAINING19,6390 Program Not Justified[–19,639] **MODIFICATION OF AIRCRAFT** 016MQ–1 PAYLOAD—UAS87,42487,424 017MQ–1 WEAPONIZATION—UAS14,83214,832 018GUARDRAIL MODS (MIP)61,51761,517 019MULTI SENSOR ABN RECON (MIP)21,45721,457 020AH–64 MODS426,415427,415 Air Filtration Systems[1,000] 021 ADVANCE PROCUREMENT
(CY)022CH–47 CARGO HELICOPTER MODS (MYP)102,87685,876 Common Avionics Architecture System[2,000] Vibration Management Enhancement Program[3,000] Transfer to APA 13[–22,000] 023 ADVANCE PROCUREMENT
(CY)024UTILITY/CARGO AIRPLANE MODS39,54739,547 025AIRCRAFT LONG RANGE MODS823823 026UTILITY HELICOPTER MODS66,68271,682 UH–60 ARNG Rewiring Program[5,000] 027KIOWA WARRIOR140,768140,768 028AIRBORNE AVIONICS241,287241,287 029GATM ROLLUP103,142103,142 030RQ–7 UAV MODS283,012283,012 030AC–12A **SPARES AND REPAIR PARTS** 031SPARE PARTS (AIR)7,0837,083 **SUPPORT EQUIPMENT AND FACILITIES** **GROUND SUPPORT AVIONICS** 032AIRCRAFT SURVIVABILITY EQUIPMENT25,97525,975 033ASE INFRARED CM186,356186,356 **OTHER SUPPORT** 034AVIONICS SUPPORT EQUIPMENT4,9334,933 035COMMON GROUND EQUIPMENT87,68287,682 036AIRCREW INTEGRATED SYSTEMS52,72555,725 Air warrior ensemble—generation III[3,000] 037AIR TRAFFIC CONTROL76,99976,999 038INDUSTRIAL FACILITIES1,5331,533 039LAUNCHER, 2.75 ROCKET2,7162,716 040AIRBORNE COMMUNICATIONS11,10911,109 **TOTAL—AIRCRAFT PROCUREMENT, ARMY****5,315,991****5,110,352** **MISSILE PROCUREMENT, ARMY** **OTHER MISSILES** **SURFACE-TO-AIR MISSILE SYSTEM** 001PATRIOT SYSTEM SUMMARY348,351348,351 002PATRIOT/MEADS CAP SYSTEM SUMMARY16,40616,406 003SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY:72,92072,920 004 ADVANCE PROCUREMENT
(CY)**AIR-TO-SURFACE MISSILE SYSTEM** 005HELLFIRE SYS SUMMARY31,15429,154 Unjustified cost growth[–2,000] **ANTI-TANK/ASSAULT MISSILE SYSTEM** 006JAVELIN (AAWS-M) SYSTEM SUMMARY148,649148,649 007TOW 2 SYSTEM SUMMARY108,066108,066 008GUIDED MLRS ROCKET (GMLRS)293,617293,617 009MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR)15,66315,663 010HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS209,061209,061 011ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM **MODIFICATIONS** 012PATRIOT MODS44,77544,775 013ITAS/TOW MODS6,9836,983 014MLRS MODS3,6623,662 015HIMARS MODIFICATIONS38,69038,690 016HELLFIRE MODIFICATIONS1010 **SPARES AND REPAIR PARTS**123 STAT. 2728 017SPARES AND REPAIR PARTS22,33822,338 **SUPPORT EQUIPMENT AND FACILITIES** 018AIR DEFENSE TARGETS4,1884,188 019ITEMS LESS THAN $5.0M (MISSILES)1,1781,178 020PRODUCTION BASE SUPPORT4,3984,398 **TOTAL—MISSILE PROCUREMENT, ARMY****1,370,109****1,368,109** **PROCUREMENT OF WEAPONS & TRACKED COMBAT VEHICLES** **TRACKED COMBAT VEHICLES** 001BRADLEY PROGRAM 002BRADLEY TRAINING DEVICES
(MOD)003ABRAMS TANK TRAINING DEVICES 004STRYKER VEHICLE388,596364,196 Program Reduction[–24,400] 005FUTURE COMBAT SYSTEMS:
(FCS)006 ADVANCE PROCUREMENT
(CY)007FCS SPIN OUTS285,920285,920 008 ADVANCE PROCUREMENT (CY)42,00142,001 **MODIFICATION OF TRACKED COMBAT VEHICLES** 009FIST VEHICLE (MOD)34,19234,192 010BRADLEY PROGRAM (MOD)526,356526,356 011HOWITZER, MED SP FT 155MM M109A6 (MOD)96,5035,003 Army requested transfer to RDT&E, A, line 114[–91,500] 012IMPROVED RECOVERY VEHICLE (M88A2 HERCULES)96,81496,814 013ARMORED BREACHER VEHICLE63,25063,250 014JOINT ASSAULT BRIDGE70,63770,637 015M1 ABRAMS TANK (MOD)183,829183,829 016ABRAMS UPGRADE PROGRAM185,611185,611 **SUPPORT EQUIPMENT & FACILITIES** 017ITEMS LESS THAN $5.0M (TCV-WTCV) 018PRODUCTION BASE SUPPORT (TCV-WTCV)6,6016,601 **WEAPONS AND OTHER COMBAT VEHICLES** 019HOWITZER, LIGHT, TOWED, 105MM, M11995,63195,631 020M240 MEDIUM MACHINE GUN (7.62MM)32,91932,919 021MACHINE GUN, CAL .50 M2 ROLL84,58884,588 022LIGHTWEIGHT .50 CALIBER MACHINE GUN977977 023M249 SAW MACHINE GUN (5.56MM)7,5357,535 024MK–19 GRENADE MACHINE GUN (40MM)7,7007,700 025MORTAR SYSTEMS14,77914,779 026M107, CAL. 50, SNIPER RIFLE224224 027XM320 GRENADE LAUNCHER MODULE (GLM)16,02316,023 028M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS)6,2236,223 029M4 CARBINE20,50020,500 030SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS)6,9456,945 031COMMON REMOTELY OPERATED WEAPONS STATION (CRO100,000 Program Increase[100,000] 032HANDGUN3,3893,389 033HOWITZER LT WT 155MM (T)49,57249,572 **MOD OF WEAPONS AND OTHER COMBAT VEH** 034MK–19 GRENADE MACHINE GUN MODS8,1648,164 035M4 CARBINE MODS31,47231,472 036M2 50 CAL MACHINE GUN MODS7,7387,738 037M249 SAW MACHINE GUN MODS7,8337,833 038M240 MEDIUM MACHINE GUN MODS17,96417,964 039PHALANX MODS 040M119 MODIFICATIONS25,30625,306 041M16 RIFLE MODS4,1864,186 041AM14 7.62 RIFLE MODS 042MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV)6,1646,164 **SUPPORT EQUIPMENT & FACILITIES** 043ITEMS LESS THAN $5.0M (WOCV-WTCV)551551 044PRODUCTION BASE SUPPORT (WOCV-WTCV)9,85512,855 Arsenal Support Program Initiative
(ASPI)at Rock Island[3,000] 045INDUSTRIAL PREPAREDNESS392392 046SMALL ARMS EQUIPMENT (SOLDIER ENH PROG)5,0125,012123 STAT. 2729 **TOTAL—PROCUREMENT OF WTCV, ARMY****2,451,952****2,439,052** **PROCUREMENT OF AMMUNITION, ARMY** **AMMUNITION** **SMALL/MEDIUM CALIBER AMMUNITION** 001CTG, 5.56MM, ALL TYPES207,752207,752 002CTG, 7.62MM, ALL TYPES77,60277,602 003CTG, HANDGUN, ALL TYPES5,1205,120 004CTG, .50 CAL, ALL TYPES162,342162,342 005CTG, 25MM, ALL TYPES17,05417,054 006CTG, 30MM, ALL TYPES96,57296,572 007CTG, 40MM, ALL TYPES172,675175,675 Additional 40mm Mortar Rounds—Milan AAP[3,000] **MORTAR AMMUNITION** 00860MM MORTAR, ALL TYPES23,60725,607 M722 60mm White Phosphorous Smoke Mortar Rounds[2,000] 00981MM MORTAR, ALL TYPES28,71928,719 010CTG, MORTAR, 120MM, ALL TYPES104,961104,961 **TANK AMMUNITION** 011CTG TANK 105MM: ALL TYPES7,7417,741 012CTG, TANK, 120MM, ALL TYPES113,483113,483 **ARTILLERY AMMUNITION** 013CTG, ARTY, 75MM: ALL TYPES5,2295,229 014CTG, ARTY, 105MM: ALL TYPES90,72690,726 015CTG, ARTY, 155MM, ALL TYPES54,54654,546 016PROJ 155MM EXTENDED RANGE XM98262,29262,292 017MODULAR ARTILLERY CHARGE SYSTEM (MACS), ALL T33,44133,441 **ARTILLERY FUZES** 018ARTILLERY FUZES, ALL TYPES19,87019,870 **MINES** 019MINES, ALL TYPES815815 020MINE, CLEARING CHARGE, ALL TYPES 021ANTIPERSONNEL LANDMINE ALTERNATIVES56,38756,387 022INTELLIGENT MUNITIONS SYSTEM (IMS), ALL TYPES19,50719,507 **ROCKETS** 023SHOULDER LAUNCHED MUNITIONS, ALL TYPES45,30245,302 024ROCKET, HYDRA 70, ALL TYPES99,90499,904 **OTHER AMMUNITION** 025DEMOLITION MUNITIONS, ALL TYPES18,79318,793 026GRENADES, ALL TYPES49,91049,910 027SIGNALS, ALL TYPES83,09483,094 028SIMULATORS, ALL TYPES12,08112,081 **MISCELLANEOUS** 029AMMO COMPONENTS, ALL TYPES17,96817,968 030NON-LETHAL AMMUNITION, ALL TYPES7,3787,378 031CAD/PAD ALL TYPES3,3533,353 032ITEMS LESS THAN $5 MILLION8,8268,826 033AMMUNITION PECULIAR EQUIPMENT11,18711,187 034FIRST DESTINATION TRANSPORTATION (AMMO)14,35414,354 035CLOSEOUT LIABILITIES9999 **AMMUNITION PRODUCTION BASE SUPPORT** **PRODUCTION BASE SUPPORT** 036PROVISION OF INDUSTRIAL FACILITIES151,943153,943 Bomb line modernization[2,000] 037LAYAWAY OF INDUSTRIAL FACILITIES9,5299,529 038MAINTENANCE OF INACTIVE FACILITIES8,7728,772 039CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL145,777145,777 040ARMS INITIATIVE3,1843,184 **TOTAL—PROCUREMENT OF AMMUNITION, ARMY****2,051,895****2,058,895** **OTHER PROCUREMENT, ARMY** **TACTICAL AND SUPPORT VEHICLES** **TACTICAL VEHICLES** 001TACTICAL TRAILERS/DOLLY SETS95,89395,893 002SEMITRAILERS, FLATBED:20,87020,870123 STAT. 2730 003SEMITRAILERS, TANKERS13,21713,217 004HI MOB MULTI-PURP WHLD VEH (HMMWV)281,123281,123 005FAMILY OF MEDIUM TACTICAL VEH (FMTV)1,158,5221,033,522 Program reduction[–125,000] 006FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIPMEN17,57517,575 007FAMILY OF HEAVY TACTICAL VEHICLES (FHTV)812,918812,918 008PLS ESP18,97318,973 009ARMORED SECURITY VEHICLES (ASV)136,605136,605 010MINE PROTECTION VEHICLE FAMILY402,517312,517 Reassessment of program requirement[–90,000] 011FAMILY OF MINE RESISTANT AMBUSH PROTEC
(MRAP)012TRUCK, TRACTOR, LINE HAUL, M915/M91674,70374,703 013HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV P180,793180,793 014HMMWV RECAPITALIZATION PROGRAM2,9042,904 015MODIFICATION OF IN SVC EQUIP10,31410,314 016ITEMS LESS THAN $5.0M (TAC VEH)298298 017TOWING DEVICE-FIFTH WHEEL414414 **NON-TACTICAL VEHICLES** 018HEAVY ARMORED SEDAN1,9801,980 019PASSENGER CARRYING VEHICLES269269 020NONTACTICAL VEHICLES, OTHER3,0523,052 **COMMUNICATIONS AND ELECTRONICS EQUIPMENT** **COMM-JOINT COMMUNICATIONS** 021COMBAT IDENTIFICATION PROGRAM 022JOINT COMBAT IDENTIFICATION MARKING SYSTEM11,86811,868 023WIN-T—GROUND FORCES TACTICAL NETWORK544,202544,202 024JCSE EQUIPMENT (USREDCOM)4,8684,868 **COMM—SATELLITE COMMUNICATIONS** 025DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS (S145,108145,108 026SHF TERM90,91890,918 027SAT TERM, EMUT (SPACE)653653 028NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE)72,73572,735 029SMART-T (SPACE)61,11661,116 030SCAMP (SPACE)1,8341,834 031GLOBAL BRDCST SVC—GBS6,8496,849 032MOD OF IN-SVC EQUIP (TAC SAT)2,8622,862 **COMM—COMBAT SUPPORT COMM** 032AMOD-IN-SERVICE PROFILER **COMM—C3 SYSTEM** 033ARMY GLOBAL CMD & CONTROL SYS (AGCCS)22,99622,996 **COMM—COMBAT COMMUNICATIONS** 034ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO)1,7051,705 035JOINT TACTICAL RADIO SYSTEM90,20435,040 Testing delays in JTRS GMR[–55,164] 036RADIO TERMINAL SET, MIDS LVT(2)8,5498,549 037SINCGARS FAMILY6,8120 Program Reduction[–6,812] 038AMC CRITICAL ITEMS—OPA2 038ASINCGARS—GROUND 039MULTI-PURPOSE INFORMATIONS OPERATIONS SYSEMS6,1646,164 040BRIDGE TO FUTURE NETWORKS 041COMMS-ELEC EQUIP FIELDING 042SPIDER APLA REMOTE CONTROL UNIT21,82021,820 043IMS REMOTE CONTROL UNIT9,2569,256 044SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS4,6464,646 045COMBAT SURVIVOR EVADER LOCATOR (CSEL)2,3672,367 046RADIO, IMPROVED HF
(COTS)FAMILY6,5556,555 047MEDICAL COMM FOR CBT CASUALTY CARE (MC4)18,58318,583 **COMM—INTELLIGENCE COMM** 048CI AUTOMATION ARCHITECTURE (MIP)1,4141,414 **INFORMATION SECURITY** 049TSEC—ARMY KEY MGT SYS (AKMS)29,52529,525 050INFORMATION SYSTEM SECURITY PROGRAM-ISSP33,18933,189 **COMM—LONG HAUL COMMUNICATIONS** 051TERRESTRIAL TRANSMISSION1,8901,890 052BASE SUPPORT COMMUNICATIONS25,52525,525 053ELECTROMAG COMP PROG (EMCP)123 STAT. 2731 054WW TECH CON IMP PROG (WWTCIP)31,25631,256 **COMM—BASE COMMUNICATIONS** 055INFORMATION SYSTEMS216,057216,057 056DEFENSE MESSAGE SYSTEM (DMS)6,2036,203 057INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM(147,111147,111 058PENTAGON INFORMATION MGT AND TELECOM39,90639,906 **ELECT EQUIP—TACT INT REL ACT (TIARA)** 061ALL SOURCE ANALYSIS SYS
(MIP)062JTT/CIBS-M (MIP)3,2793,279 063PROPHET GROUND (MIP)64,49864,498 064TACTICAL UNMANNED AERIAL SYS (TUAS)MIP 065SMALL UNMANNED AERIAL SYSTEM
(SUAS)066DIGITAL TOPOGRAPHIC SPT SYS
(MIP)067DRUG INTERDICTION PROGRAM
(DIP)(TIARA) 068TACTICAL EXPLOITATION SYSTEM
(MIP)069DCGS-A (MIP)85,35485,354 070JOINT TACTICAL GROUND STATION (JTAGS)6,7036,703 071TROJAN (MIP)26,65926,659 072MOD OF IN-SVC EQUIP (INTEL SPT) (MIP)7,0217,021 073CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP4,5094,509 074SEQUOYAH FOREIGN LANGUAGE TRANSLATION SYSTEM6,4206,420 075ITEMS LESS THAN $5.0M (MIP)17,05317,053 **ELECT EQUIP—ELECTRONIC WARFARE (EW)** 076LIGHTWEIGHT COUNTER MORTAR RADAR31,66131,661 077WARLOCK 078COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES1,2841,284 079CI MODERNIZATION (MIP)1,2211,221 **ELECT EQUIP—TACTICAL SURV. (TAC SURV)** 080SENTINEL MODS25,86325,863 081SENSE THROUGH THE WALL (STTW)25,35225,352 082NIGHT VISION DEVICES366,820191,158 Contractor production delays in Enhanced Night Vision Goggle line[–175,662] 083LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM133,836133,836 084NIGHT VISION, THERMAL WPN SIGHT313,237313,237 085SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF9,1799,179 086RADIATION MONITORING SYSTEMS2,1982,198 087COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) 088BASE EXPEDITIONARY TARGETING AND SURV SYS 089ARTILLERY ACCURACY EQUIP5,8385,838 090MOD OF IN-SVC EQUIP
(MMS)091ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE1,1781,178 092PROFILER4,7664,766 093MOD OF IN-SVC EQUIP (FIREFINDER RADARS)2,8012,801 094FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2)271,979271,979 095JOINT BATTLE COMMAND—PLATFORM (JBC-P)17,24217,242 096LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLD59,08059,080 097COMPUTER BALLISTICS: LHMBC XM32 098MORTAR FIRE CONTROL SYSTEM15,52015,520 099COUNTERFIRE RADARS194,665194,665 100INTEGRATED MET SYS SENSORS (IMETS)—MIP 101ENHANCED SENSOR & MONITORING SYSTEM1,9441,944 **ELECT EQUIP—TACTICAL C2 SYSTEMS** 102TACTICAL OPERATIONS CENTERS29,93429,934 103FIRE SUPPORT C2 FAMILY39,04239,042 104BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC31,96831,968 105FAAD C28,2898,289 106AIR & MSL DEFENSE PLANNING & CONTROL SYS (AMD62,43962,439 107KNIGHT FAMILY80,83180,831 108LIFE CYCLE SOFTWARE SUPPORT (LCSS)1,7781,778 109AUTOMATIC IDENTIFICATION TECHNOLOGY31,54231,542 110TC AIMS II11,12411,124 111JOINT NETWORK MANAGEMENT SYSTEM
(JNMS)112TACTICAL INTERNET MANAGER 113NETWORK MANAGEMENT INITIALIZATION AND SERVICE53,89853,898 114MANEUVER CONTROL SYSTEM (MCS)77,64677,646 115SINGLE ARMY LOGISTICS ENTERPRISE (SALE)46,86146,861123 STAT. 2732 116RECONNAISSANCE AND SURVEYING INSTRUMENT SET11,11811,118 117MOUNTED BATTLE COMMAND ON THE MOVE (MBCOTM)926926 **ELECT EQUIP—AUTOMATION** 118GENERAL FUND ENTERPRISE BUSINESS SYSTEM85,80185,801 119ARMY TRAINING MODERNIZATION12,82312,823 120AUTOMATED DATA PROCESSING EQUIP254,723239,723 Program Reduction[–15,000] 121CSS COMMUNICATIONS33,74933,749 122RESERVE COMPONENT AUTOMATION SYS (RCAS)39,67539,675 **ELECT EQUIP—AUDIO VISUAL SYS (A/V)** 123AFRTS 124ITEMS LESS THAN $5.0M (A/V)2,7092,709 125ITEMS LESS THAN $5M (SURVEYING EQUIPMENT)5,1725,172 **ELECT EQUIP—MODS TACTICAL SYS/EQ** 126WEAPONIZATION OF UNMANNED AERIAL SYSTEM
(UAS)**ELECT EQUIP—SUPPORT** 127ITEMS UNDER $5M
(SSE)128PRODUCTION BASE SUPPORT (C-E)518518 CLASSIFIED PROGRAMS2,5222,522 **OTHER SUPPORT EQUIPMENT** **CHEMICAL DEFENSIVE EQUIPMENT** 129PROTECTIVE SYSTEMS2,0812,081 130CBRN SOLDIER PROTECTION108,334108,334 131SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM)7,1357,135 **BRIDGING EQUIPMENT** 132TACTICAL BRIDGING58,50958,509 133TACTICAL BRIDGE, FLOAT-RIBBON135,015135,015 **ENGINEER (NON-CONSTRUCTION) EQUIPMENT** 134HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST42,26442,264 135GRND STANDOFF MINE DETECTION SYSTEM (GSTAMIDS56,12359,123 FIDO explosives detector[3,000] 136EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT)49,33349,333 137< $5M, COUNTERMINE EQUIPMENT3,4793,479 138AERIAL DETECTION11,200200 Funding ahead of need[–11,000] **COMBAT SERVICE SUPPORT EQUIPMENT** 139HEATERS AND ECU’S11,92411,924 140LAUNDRIES, SHOWERS AND LATRINES 141SOLDIER ENHANCEMENT4,0714,071 142LIGHTWEIGHT MAINTENANCE ENCLOSURE
(LME)142ALAND WARRIOR 143PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS)6,9816,981 144GROUND SOLDIER SYSTEM1,8091,809 145MOUNTED SOLDIER SYSTEM1,0851,085 146FORCE PROVIDER 147FIELD FEEDING EQUIPMENT57,87257,872 148CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM66,38166,381 149MOBILE INTEGRATED REMAINS COLLECTION SYSTEM:16,58516,585 150ITEMS LESS THAN $5M (ENG SPT)25,53125,531 **PETROLEUM EQUIPMENT** 151QUALITY SURVEILLANCE EQUIPMENT 152DISTRIBUTION SYSTEMS, PETROLEUM & WATER84,01984,019 **WATER EQUIPMENT** 153WATER PURIFICATION SYSTEMS7,1737,173 **MEDICAL EQUIPMENT** 154COMBAT SUPPORT MEDICAL33,69437,694 Combat casualty care equipment upgrade program[3,000] Life Support for Trauma and Transport (LSTAT)[1,000] **MAINTENANCE EQUIPMENT** 155MOBILE MAINTENANCE EQUIPMENT SYSTEMS137,002137,002 156ITEMS LESS THAN $5.0M (MAINT EQ)812812 **CONSTRUCTION EQUIPMENT** 157GRADER, ROAD MTZD, HVY, 6X4 (CCE)50,89750,897 158SKID STEER LOADER
(SSL)FAMILY OF SYSTEM18,38718,387 159SCRAPERS, EARTHMOVING 160DISTR, WATER, SP MIN 2500G SEC/NON-SEC 161MISSION MODULES—ENGINEERING44,42044,420123 STAT. 2733 162LOADERS20,82420,824 163HYDRAULIC EXCAVATOR18,78518,785 164TRACTOR, FULL TRACKED50,10250,102 165CRANES 166PLANT, ASPHALT MIXING12,91512,915 167HIGH MOBILITY ENGINEER EXCAVATOR
(HMEE)FOS36,45136,451 168CONST EQUIP ESP8,3918,391 169ITEMS LESS THAN $5.0M (CONST EQUIP)12,56212,562 **RAIL FLOAT CONTAINERIZATION EQUIPMENT** 170JOINT HIGH SPEED VESSEL (JHSV)183,666183,666 171HARBORMASTER COMMAND AND CONTROL CENTER (HCCC10,96210,962 172ITEMS LESS THAN $5.0M (FLOAT/RAIL)6,7856,785 **GENERATORS** 173GENERATORS AND ASSOCIATED EQUIP146,067146,067 **MATERIAL HANDLING EQUIPMENT** 174ROUGH TERRAIN CONTAINER HANDLER (RTCH)41,23941,239 175ALL TERRAIN LIFTING ARMY SYSTEM44,89844,898 **TRAINING EQUIPMENT** 176COMBAT TRAINING CENTERS SUPPORT22,96722,967 177TRAINING DEVICES, NONSYSTEM261,348276,698 Operator driving simulator[350] Joint fires & effects training systems (JFETS)[5,000] Virtual interactive combat environment (VICE)[4,000] Mobile Firing Range—TX ARNG[1,500] Virtual Interactive Combat Environment (V.I.C.E.) Training System—VA ARNG[2,000] Immersive Group Simulation Virtual Training Systems for the Hawaii ARNG[2,500] 178CLOSE COMBAT TACTICAL TRAINER65,15565,155 179AVIATION COMBINED ARMS TACTICAL TRAINER (AVCA12,79412,794 180GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING7,8707,870 **TEST MEASURE AND DIG EQUIPMENT (TMD)** 181CALIBRATION SETS EQUIPMENT16,84416,844 182INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE)101,320101,320 183TEST EQUIPMENT MODERNIZATION (TEMOD)15,52615,526 **OTHER SUPPORT EQUIPMENT** 184RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT21,77021,770 185PHYSICAL SECURITY SYSTEMS (OPA3)49,75849,758 186BASE LEVEL COM’L EQUIPMENT1,3031,303 187MODIFICATION OF IN-SVC EQUIPMENT (OPA–3)53,88453,884 188PRODUCTION BASE SUPPORT (OTH)3,0503,050 189BUILDING, PRE-FAB, RELOCATABLE 190SPECIAL EQUIPMENT FOR USER TESTING45,51645,516 191AMC CRITICAL ITEMS OPA312,23212,232 192MA89754,4924,492 **SPARES AND REPAIR PARTS** **OPA2** 193INITIAL SPARES—C&E25,86725,867 194WIN-T INCREMENT 2 SPARES9,7589,758 194aProcurement of computer services / systems **TOTAL—OTHER PROCUREMENT, ARMY****9,907,151****9,450,863** **JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND** **NETWORK ATTACK** 001ATTACK THE NETWORK203,1000 Transfer to OCO[–203,100] **JIEDDO DEVICE DEFEAT** 002DEFEAT THE DEVICE199,1000 Transfer to OCO[–199,100] **FORCE TRAINING** 003TRAIN THE FORCE41,1000 Transfer to OCO[–41,100] **STAFF AND INFRASTRUCTURE** 004OPERATIONS121,5500 Transfer to OCO[–121,550]123 STAT. 2734 **TOTAL—JOINT IED DEFEAT FUND****564,850****0** **AIRCRAFT PROCUREMENT, NAVY** **COMBAT AIRCRAFT** 001AV–8B (V/STOL) HARRIER 002EA–18G1,611,8371,611,837 003 ADVANCE PROCUREMENT (CY)20,55920,559 004F/A–18E/F (FIGHTER) HORNET1,009,5371,521,817 Additional aircraft[512,280] 005 ADVANCE PROCUREMENT (CY)51,431159,431 EOQ for MYP III[108,000] 006JOINT STRIKE FIGHTER3,997,0483,997,048 007 ADVANCE PROCUREMENT (CY)481,000481,000 008V–22 (MEDIUM LIFT)2,215,8292,215,829 009 ADVANCE PROCUREMENT (CY)84,34284,342 010UH–1Y/AH–1Z709,801609,801 UH–1Y/AH–1Z Program Reduction[–100,000] 011 ADVANCE PROCUREMENT (CY)70,55070,550 012MH–60S (MYP)414,145414,145 013 ADVANCE PROCUREMENT (CY)78,83078,830 014MH–60R811,781811,781 015 ADVANCE PROCUREMENT (CY)131,504131,504 016P–8A POSEIDON1,664,5251,664,525 017 ADVANCE PROCUREMENT (CY)160,526149,646 Excessive advance procurement growth[–7,680] Funding for production line slots[–3,200] 018E–2D ADV HAWKEYE511,245511,245 019 ADVANCE PROCUREMENT (CY)94,92494,924 **AIRLIFT AIRCRAFT** 020C–40A74,38174,381 **TRAINER AIRCRAFT** 021T–45TS (TRAINER) GOSHAWK 022JPATS266,539266,539 **OTHER AIRCRAFT** 023KC–130J 024 ADVANCE PROCUREMENT
(CY)025RQ–7 UAV56,79753,797 Attrition vehicles[–3,000] 026MQ–8 UAV77,61677,616 027OTHER SUPPORT AIRCRAFT **MODIFICATION OF AIRCRAFT** 028EA–6 SERIES39,97739,977 029AV–8 SERIES35,66835,668 030F–18 SERIES484,129480,729 Excessive growth of IR Marker ECP[–3,400] 031H–46 SERIES35,32535,325 032AH–1W SERIES66,46166,461 033H–53 SERIES68,19768,197 034SH–60 SERIES82,25382,253 035H–1 SERIES20,04020,040 036EP–3 SERIES92,53092,530 037P–3 SERIES485,171445,571 P–3 Series Program Reduction[–39,600] 038S–3 SERIES 039E–2 SERIES22,85322,853 040TRAINER A/C SERIES20,90720,907 041C–2A21,34321,343 042C–130 SERIES22,44922,449 043FEWSG9,4869,486 044CARGO/TRANSPORT A/C SERIES19,42919,429 045E–6 SERIES102,646102,646 046EXECUTIVE HELICOPTERS SERIES42,45642,456 047SPECIAL PROJECT AIRCRAFT14,86914,869 048T–45 SERIES51,48451,484 049POWER PLANT CHANGES26,39526,395 050JPATS SERIES4,9224,922123 STAT. 2735 051AVIATION LIFE SUPPORT MODS5,5945,594 052COMMON ECM EQUIPMENT47,41949,419 Crane Integrated Defensive Countermeasures (IDECM) Depot Capability[2,000] 053COMMON AVIONICS CHANGES151,112151,112 054COMMON DEFENSIVE WEAPON SYSTEM 055ID SYSTEMS24,12524,125 056V–22 (TILT/ROTOR ACFT) OSPREY24,50224,502 **AIRCRAFT SPARES AND REPAIR PARTS** 057SPARES AND REPAIR PARTS1,264,0121,262,412 UH–1Y/AH–1Z reduction[–1,600] **AIRCRAFT SUPPORT EQUIP & FACILITIES** 058COMMON GROUND EQUIPMENT363,588363,588 059AIRCRAFT INDUSTRIAL FACILITIES11,07511,075 060WAR CONSUMABLES55,40655,406 061OTHER PRODUCTION CHARGES23,86123,861 062SPECIAL SUPPORT EQUIPMENT42,14742,147 063FIRST DESTINATION TRANSPORTATION1,7341,734 064CANCELLED ACCOUNT ADJUSTMENTS **TOTAL—AIRCRAFT PROCUREMENT, NAVY****18,378,312****18,842,112** **WEAPONS PROCUREMENT, NAVY** **BALLISTIC MISSILES** **MODIFICATION OF MISSILES** 001TRIDENT II MODS1,060,5041,060,504 **SUPPORT EQUIPMENT & FACILITIES** 002MISSILE INDUSTRIAL FACILITIES3,4473,447 **OTHER MISSILES** **STRATEGIC MISSILES** 003TOMAHAWK283,055283,055 **TACTICAL MISSILES** 004AMRAAM145,506140,506 Diminished manufacturing sources funding ahead of need[–5,000] 005SIDEWINDER56,84556,845 006JSOW145,336145,336 007SLAM-ER 008STANDARD MISSILE249,233249,233 009RAM74,78474,784 010HELLFIRE59,41159,411 011AERIAL TARGETS47,00347,003 012OTHER MISSILE SUPPORT3,9283,928 **MODIFICATION OF MISSILES** 013ESSM51,38851,388 014HARM MODS47,97347,973 015STANDARD MISSILES MODS81,45181,451 **SUPPORT EQUIPMENT & FACILITIES** 016WEAPONS INDUSTRIAL FACILITIES3,21113,211 Accelerate facility restoration program[10,000] 017FLEET SATELLITE COMM FOLLOW-ON487,280487,280 018 ADVANCE PROCUREMENT (CY)28,84728,847 **ORDNANCE SUPPORT EQUIPMENT** 019ORDNANCE SUPPORT EQUIPMENT48,88348,883 **TORPEDOES AND RELATED EQUIPMENT** **TORPEDOES AND RELATED EQUIP.** 020SSTD 021ASW TARGETS9,2889,288 **MOD OF TORPEDOES AND RELATED EQUIP** 022MK–46 TORPEDO MODS94,15987,023 Support funding carryover[–7,136] 023MK–48 TORPEDO ADCAP MODS61,60856,308 Support funding carryover[–5,300] 024QUICKSTRIKE MINE4,6804,680 **SUPPORT EQUIPMENT** 025TORPEDO SUPPORT EQUIPMENT39,86939,869 026ASW RANGE SUPPORT10,04410,044 **DESTINATION TRANSPORTATION**123 STAT. 2736 027FIRST DESTINATION TRANSPORTATION3,4343,434 **OTHER WEAPONS** **GUNS AND GUN MOUNTS** 028SMALL ARMS AND WEAPONS12,74212,742 **MODIFICATION OF GUNS AND GUN MOUNTS** 029CIWS MODS158,896158,896 030COAST GUARD WEAPONS21,15721,157 031GUN MOUNT MODS30,76130,761 032LCS MODULE WEAPONS 033CRUISER MODERNIZATION WEAPONS51,22751,227 034AIRBORNE MINE NEUTRALIZATION SYSTEMS12,30912,309 **OTHER** 035MARINE CORPS TACTIAL UNMANNED AERIAL SYSTEM 036CANCELLED ACCOUNT ADJUSTMENTS **SPARES AND REPAIR PARTS** 037SPARES AND REPAIR PARTS65,19665,196 **TOTAL—WEAPONS PROCUREMENT, NAVY****3,453,455****3,446,019** **PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS** **PROC AMMO, NAVY** **NAVY AMMUNITION** 001GENERAL PURPOSE BOMBS75,22775,227 002JDAM1,9681,968 003AIRBORNE ROCKETS, ALL TYPES38,64338,643 004MACHINE GUN AMMUNITION19,62212,062 20MM linkless TP cost growth[–2,900] 20MM linked TP cost growth[–1,990] 20MM linked HEI cost growth[–2,670] 005PRACTICE BOMBS33,80324,503 Enhanced laser guided training round cost growth[–9,300] 006CARTRIDGES & CART ACTUATED DEVICES50,60050,600 007AIR EXPENDABLE COUNTERMEASURES79,10269,302 MJU–55 production termination[–9,800] 008JATOS3,2303,230 0095 INCH/54 GUN AMMUNITION27,48327,483 010INTERMEDIATE CALIBER GUN AMMUNITION25,97425,974 011OTHER SHIP GUN AMMUNITION35,93435,934 012SMALL ARMS & LANDING PARTY AMMO43,49043,490 013PYROTECHNIC AND DEMOLITION10,62310,623 014AMMUNITION LESS THAN $5 MILLION3,2143,214 **PROC AMMO, MC** **MARINE CORPS AMMUNITION** 015SMALL ARMS AMMUNITION87,78187,781 016LINEAR CHARGES, ALL TYPES23,58223,582 01740 MM, ALL TYPES57,29157,291 01860MM, ALL TYPES22,03722,037 01981MM, ALL TYPES54,86954,869 020120MM, ALL TYPES29,57929,579 021CTG 25MM, ALL TYPES2,2592,259 022GRENADES, ALL TYPES10,69410,694 023ROCKETS, ALL TYPES13,94813,948 024ARTILLERY, ALL TYPES57,94857,948 025EXPEDITIONARY FIGHTING VEHICLE 026DEMOLITION MUNITIONS, ALL TYPES14,88614,886 027FUZE, ALL TYPES575575 028NON LETHALS3,0343,034 029AMMO MODERNIZATION8,8868,886 030ITEMS LESS THAN $5 MILLION4,3934,393 **TOTAL—PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS****840,675****814,015** **SHIPBUILDING AND CONVERSION, NAVY** **OTHER WARSHIPS** 001CARRIER REPLACEMENT PROGRAM739,269739,269123 STAT. 2737 002 ADVANCE PROCUREMENT (CY)484,432484,432 003VIRGINIA CLASS SUBMARINE1,964,3171,964,317 004 ADVANCE PROCUREMENT (CY)1,959,7251,959,725 005CVN REFUELING OVERHAULS1,563,6021,563,602 006 ADVANCE PROCUREMENT (CY)211,820211,820 007SSBN ERO 008 ADVANCE PROCUREMENT
(CY)009DDG 10001,084,1611,084,161 010 ADVANCE PROCUREMENT
(CY)011DDG–511,912,2671,912,267 012 ADVANCE PROCUREMENT (CY)328,996328,996 013LITTORAL COMBAT SHIP1,380,0001,380,000 **AMPHIBIOUS SHIPS** 014LPD–17872,392872,392 015 ADVANCE PROCUREMENT (CY)184,555184,555 016LHA REPLACEMENT 017 ADVANCE PROCUREMENT
(CY)018INTRATHEATER CONNECTOR177,956177,956 **AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST** 019OUTFITTING391,238391,238 020SERVICE CRAFT3,6943,694 021LCAC SLEP63,85763,857 022COMPLETION OF PY SHIPBUILDING PROGRAMS454,586454,586 **TOTAL—SHIPBUILDING AND CONVERSION, NAVY****13,776,867****13,776,867** **OTHER PROCUREMENT, NAVY** **SHIPS SUPPORT EQUIPMENT** **SHIP PROPULSION EQUIPMENT** 001LM–2500 GAS TURBINE8,0148,014 002ALLISON 501K GAS TURBINE9,1629,162 003OTHER PROPULSION EQUIPMENT **NAVIGATION EQUIPMENT** 004OTHER NAVIGATION EQUIPMENT34,74334,743 **PERISCOPES** 005SUB PERISCOPES & IMAGING EQUIP75,12770,127 Digital periscope contract delay[–5,000] **OTHER SHIPBOARD EQUIPMENT** 006DDG MOD142,262142,262 007FIREFIGHTING EQUIPMENT11,42314,523 Smart valves for fire suppression[3,100] 008COMMAND AND CONTROL SWITCHBOARD4,3834,383 009POLLUTION CONTROL EQUIPMENT24,99224,992 010SUBMARINE SUPPORT EQUIPMENT16,86716,867 011VIRGINIA CLASS SUPPORT EQUIPMENT103,153103,153 012SUBMARINE BATTERIES51,48251,482 013STRATEGIC PLATFORM SUPPORT EQUIP15,67215,672 014DSSP EQUIPMENT10,64110,641 015CG MODERNIZATION315,323315,323 016LCAC6,6426,642 017MINESWEEPING EQUIPMENT 018UNDERWATER EOD PROGRAMS19,23219,232 019ITEMS LESS THAN $5 MILLION127,554124,430 CVN auto voltage regulators ahead of need[–3,124] 020CHEMICAL WARFARE DETECTORS8,8998,899 021SUBMARINE LIFE SUPPORT SYSTEM14,72114,721 **REACTOR PLANT EQUIPMENT** 022REACTOR POWER UNITS 023REACTOR COMPONENTS262,354262,354 **OCEAN ENGINEERING** 024DIVING AND SALVAGE EQUIPMENT5,3045,304 **SMALL BOATS** 025STANDARD BOATS35,31835,318 **TRAINING EQUIPMENT** 026OTHER SHIPS TRAINING EQUIPMENT15,11315,113 **PRODUCTION FACILITIES EQUIPMENT** 027OPERATING FORCES IPE47,17247,172123 STAT. 2738 **OTHER SHIP SUPPORT** 028NUCLEAR ALTERATIONS136,683136,683 029LCS MODULES137,259137,259 **LOGISTIC SUPPORT** 030LSD MIDLIFE117,856117,856 **COMMUNICATIONS AND ELECTRONICS EQUIPMENT** **SHIP RADARS** 031RADAR SUPPORT9,9689,968 032SPQ–9B RADAR13,47613,476 033AN/SQQ–89 SURF ASW COMBAT SYSTEM111,09395,593 SQQ–89 backfit suites ahead of need[–15,500] 034SSN ACOUSTICS299,962303,962 TB–33 thinline towed array[4,000] 035UNDERSEA WARFARE SUPPORT EQUIPMENT38,70538,705 036SONAR SWITCHES AND TRANSDUCERS13,53713,537 **ASW ELECTRONIC EQUIPMENT** 037SUBMARINE ACOUSTIC WARFARE SYSTEM20,68120,681 038SSTD2,1842,184 039FIXED SURVEILLANCE SYSTEM63,01763,017 040SURTASS24,10824,108 041TACTICAL SUPPORT CENTER22,46422,464 **ELECTRONIC WARFARE EQUIPMENT** 042AN/SLQ–3234,26434,264 **RECONNAISSANCE EQUIPMENT** 043SHIPBOARD IW EXPLOIT105,883105,883 **SUBMARINE SURVEILLANCE EQUIPMENT** 044SUBMARINE SUPPORT EQUIPMENT PROG98,64583,495 Multi-function modular mast units ahead of need[–15,150] **OTHER SHIP ELECTRONIC EQUIPMENT** 045NAVY TACTICAL DATA SYSTEM 046COOPERATIVE ENGAGEMENT CAPABILITY30,52230,522 047GCCS-M EQUIPMENT13,59413,594 048NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS)35,93335,933 049ATDLS7,3147,314 050MINESWEEPING SYSTEM REPLACEMENT79,09174,291 RMS restructure[–4,800] 051SHALLOW WATER MCM7,8357,835 052NAVSTAR GPS RECEIVERS (SPACE)10,84510,845 053ARMED FORCES RADIO AND TV3,3333,333 054STRATEGIC PLATFORM SUPPORT EQUIP4,1494,149 **TRAINING EQUIPMENT** 055OTHER TRAINING EQUIPMENT36,78436,784 **AVIATION ELECTRONIC EQUIPMENT** 056MATCALS17,46817,468 057SHIPBOARD AIR TRAFFIC CONTROL7,9707,970 058AUTOMATIC CARRIER LANDING SYSTEM18,87818,878 059NATIONAL AIR SPACE SYSTEM28,98828,988 060AIR STATION SUPPORT EQUIPMENT8,2038,203 061MICROWAVE LANDING SYSTEM10,52610,526 062ID SYSTEMS38,68238,682 063TAC A/C MISSION PLANNING SYS(TAMPS)9,1029,102 **OTHER SHORE ELECTRONIC EQUIPMENT** 064DEPLOYABLE JOINT COMMAND AND CONT8,71911,719 Shelter Upgrade Program[3,000] 065TADIX-B793793 066GCCS-M EQUIPMENT TACTICAL/MOBILE11,82011,820 067COMMON IMAGERY GROUND SURFACE SYSTEMS27,63227,632 068CANES1,1811,181 069RADIAC5,9905,990 070GPETE3,7373,737 071INTEG COMBAT SYSTEM TEST FACILITY4,4234,423 072EMI CONTROL INSTRUMENTATION4,7784,778 073ITEMS LESS THAN $5 MILLION65,76065,760 **SHIPBOARD COMMUNICATIONS** 074SHIPBOARD TACTICAL COMMUNICATIONS 075PORTABLE RADIOS 076SHIP COMMUNICATIONS AUTOMATION310,605290,305123 STAT. 2739 Shipboard network systems ahead of need[–20,300] 077AN/URC–82 RADIO4,9134,913 078COMMUNICATIONS ITEMS UNDER $5M25,31425,314 **SUBMARINE COMMUNICATIONS** 079SUBMARINE BROADCAST SUPPORT105105 080SUBMARINE COMMUNICATION EQUIPMENT48,72948,729 **SATELLITE COMMUNICATIONS** 081SATELLITE COMMUNICATIONS SYSTEMS50,17250,172 082NAVY MULTIBAND TERMINAL (NMT)72,49672,496 **SHORE COMMUNICATIONS** 083JCS COMMUNICATIONS EQUIPMENT2,3222,322 084ELECTRICAL POWER SYSTEMS1,2931,293 085NAVAL SHORE COMMUNICATIONS2,5422,542 **CRYPTOGRAPHIC EQUIPMENT** 086INFO SYSTEMS SECURITY PROGRAM (ISSP)119,054119,054 087CRYPTOLOGIC COMMUNICATIONS EQUIP16,83916,839 **OTHER ELECTRONIC SUPPORT** 088COAST GUARD EQUIPMENT18,89218,892 **DRUG INTERDICTION SUPPORT** 089OTHER DRUG INTERDICTION SUPPORT **AVIATION SUPPORT EQUIPMENT** **SONOBUOYS** 090SONOBUOYS—ALL TYPES91,97691,976 **AIRCRAFT SUPPORT EQUIPMENT** 091WEAPONS RANGE SUPPORT EQUIPMENT75,32975,329 092EXPEDITIONARY AIRFIELDS8,3438,343 093AIRCRAFT REARMING EQUIPMENT12,85012,850 094AIRCRAFT LAUNCH & RECOVERY EQUIPMENT48,67046,849 ADMACS Block II upgrade cost growth[–1,821] 095METEOROLOGICAL EQUIPMENT21,45821,458 096OTHER PHOTOGRAPHIC EQUIPMENT1,5821,582 097AVIATION LIFE SUPPORT27,36732,367 Multi Climate Protection System[5,000] 098AIRBORNE MINE COUNTERMEASURES55,40855,408 099LAMPS MK III SHIPBOARD EQUIPMENT23,69423,694 100PORTABLE ELECTRONIC MAINTENANCE AIDS9,7109,710 101OTHER AVIATION SUPPORT EQUIPMENT16,54116,541 **ORDNANCE SUPPORT EQUIPMENT** **SHIP GUN SYSTEM EQUIPMENT** 102NAVAL FIRES CONTROL SYSTEM1,3911,391 103GUN FIRE CONTROL EQUIPMENT7,8917,891 **SHIP MISSILE SYSTEMS EQUIPMENT** 104NATO SEASPARROW13,55613,556 105RAM GMLS7,7627,762 106SHIP SELF DEFENSE SYSTEM34,07934,079 107AEGIS SUPPORT EQUIPMENT108,886108,886 108TOMAHAWK SUPPORT EQUIPMENT88,47588,475 109VERTICAL LAUNCH SYSTEMS5,5135,513 **FBM SUPPORT EQUIPMENT** 110STRATEGIC MISSILE SYSTEMS EQUIP155,579155,579 **ASW SUPPORT EQUIPMENT** 111SSN COMBAT CONTROL SYSTEMS118,528118,528 112SUBMARINE ASW SUPPORT EQUIPMENT5,2005,200 113SURFACE ASW SUPPORT EQUIPMENT13,64613,646 114ASW RANGE SUPPORT EQUIPMENT7,2567,256 **OTHER ORDNANCE SUPPORT EQUIPMENT** 115EXPLOSIVE ORDNANCE DISPOSAL EQUIP54,06954,069 116ITEMS LESS THAN $5 MILLION3,4783,478 **OTHER EXPENDABLE ORDNANCE** 117ANTI-SHIP MISSILE DECOY SYSTEM37,12837,128 118SURFACE TRAINING DEVICE MODS7,4307,430 119SUBMARINE TRAINING DEVICE MODS25,27125,271 **CIVIL ENGINEERING SUPPORT EQUIPMENT** 120PASSENGER CARRYING VEHICLES4,1394,139 121GENERAL PURPOSE TRUCKS1,7311,731 122CONSTRUCTION & MAINTENANCE EQUIP12,93112,931 123FIRE FIGHTING EQUIPMENT12,97612,976123 STAT. 2740 124TACTICAL VEHICLES25,35225,352 125AMPHIBIOUS EQUIPMENT2,9502,950 126POLLUTION CONTROL EQUIPMENT5,0975,097 127ITEMS UNDER $5 MILLION23,78723,787 128PHYSICAL SECURITY VEHICLES1,1151,115 **SUPPLY SUPPORT EQUIPMENT** 129MATERIALS HANDLING EQUIPMENT17,15317,153 130OTHER SUPPLY SUPPORT EQUIPMENT6,3686,368 131FIRST DESTINATION TRANSPORTATION6,2176,217 132SPECIAL PURPOSE SUPPLY SYSTEMS71,59771,597 **PERSONNEL AND COMMAND SUPPORT EQUIPMENT** **TRAINING DEVICES** 133TRAINING SUPPORT EQUIPMENT12,94412,944 **COMMAND SUPPORT EQUIPMENT** 134COMMAND SUPPORT EQUIPMENT55,26755,267 135EDUCATION SUPPORT EQUIPMENT2,0842,084 136MEDICAL SUPPORT EQUIPMENT5,5175,517 137NAVAL MIP SUPPORT EQUIPMENT1,5371,537 139OPERATING FORCES SUPPORT EQUIPMENT12,25012,250 140C4ISR EQUIPMENT5,3245,324 141ENVIRONMENTAL SUPPORT EQUIPMENT18,18318,183 142PHYSICAL SECURITY EQUIPMENT128,921128,921 143ENTERPRISE INFORMATION TECHNOLOGY79,74779,747 **OTHER** 144CANCELLED ACCOUNT ADJUSTMENTS **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS19,46319,463 **SPARES AND REPAIR PARTS** 145SPARES AND REPAIR PARTS247,796247,796 145aProcurement of computer services / systems **TOTAL—OTHER PROCUREMENT, NAVY****5,661,176****5,610,581** **PROCUREMENT, MARINE CORPS** **WEAPONS AND COMBAT VEHICLES** **TRACKED COMBAT VEHICLES** 001AAV7A1 PIP9,1279,127 002LAV PIP34,96934,969 003IMPROVED RECOVERY VEHICLE
(IRV)004M1A1 FIREPOWER ENHANCEMENTS **ARTILLERY AND OTHER WEAPONS** 005EXPEDITIONARY FIRE SUPPORT SYSTEM19,59119,591 006155MM LIGHTWEIGHT TOWED HOWITZER7,4207,420 007HIGH MOBILITY ARTILLERY ROCKET SYSTEM71,47671,476 008WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION25,94925,949 **WEAPONS** 009MODULAR WEAPON SYSTEM **OTHER SUPPORT** 010MODIFICATION KITS33,99033,990 011WEAPONS ENHANCEMENT PROGRAM22,23822,238 **GUIDED MISSILES AND EQUIPMENT** **GUIDED MISSILES** 012GROUND BASED AIR DEFENSE11,38711,387 013JAVELIN 014FOLLOW ON TO SMAW25,33325,333 015ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H)71,22571,225 **OTHER SUPPORT** 016MODIFICATION KITS2,1142,114 **COMMUNICATIONS & ELECTRONICS EQUIPMENT** **COMMAND AND CONTROL SYSTEMS** 017UNIT OPERATIONS CENTER19,83219,832 **REPAIR AND TEST EQUIPMENT** 018REPAIR AND TEST EQUIPMENT31,08731,087 **OTHER SUPPORT (TEL)** 019COMBAT SUPPORT SYSTEM11,36811,368 020MODIFICATION KITS **COMMAND AND CONTROL SYSTEM (NON-TEL)**123 STAT. 2741 021ITEMS UNDER $5 MILLION (COMM & ELEC)3,5313,531 022AIR OPERATIONS C2 SYSTEMS45,08445,084 **RADAR + EQUIPMENT (NON-TEL)** 023RADAR SYSTEMS7,4287,428 **INTELL/COMM EQUIPMENT (NON-TEL)** 024FIRE SUPPORT SYSTEM2,5802,580 025INTELLIGENCE SUPPORT EQUIPMENT37,58137,581 026RQ–11 UAV42,40342,403 **OTHER COMM/ELEC EQUIPMENT (NON-TEL)** 027NIGHT VISION EQUIPMENT10,36010,360 **OTHER SUPPORT (NON-TEL)** 028COMMON COMPUTER RESOURCES115,263115,263 029COMMAND POST SYSTEMS49,82049,820 030RADIO SYSTEMS61,95461,954 031COMM SWITCHING & CONTROL SYSTEMS98,25498,254 032COMM & ELEC INFRASTRUCTURE SUPPORT15,53115,531 **SUPPORT VEHICLES** **ADMINISTRATIVE VEHICLES** 033COMMERCIAL PASSENGER VEHICLES1,2651,265 034COMMERCIAL CARGO VEHICLES13,61013,610 0355/4T TRUCK HMMWV (MYP)9,7969,796 036MOTOR TRANSPORT MODIFICATIONS6,1116,111 037MEDIUM TACTICAL VEHICLE REPLACEMENT10,79210,792 038LOGISTICS VEHICLE SYSTEM REP217,390217,390 039FAMILY OF TACTICAL TRAILERS26,49726,497 040TRAILERS18,12218,122 **OTHER SUPPORT** 041ITEMS LESS THAN $5 MILLION5,9485,948 **ENGINEER AND OTHER EQUIPMENT** 042ENVIRONMENTAL CONTROL EQUIP ASSORT5,1215,121 043BULK LIQUID EQUIPMENT13,03513,035 044TACTICAL FUEL SYSTEMS35,05938,159 Nitrile Rubber Collapsible Storage Units[3,100] 045POWER EQUIPMENT ASSORTED21,03321,033 046AMPHIBIOUS SUPPORT EQUIPMENT39,87639,876 047EOD SYSTEMS93,33593,335 **MATERIALS HANDLING EQUIPMENT** 048PHYSICAL SECURITY EQUIPMENT12,16912,169 049GARRISON MOBILE ENGINEER EQUIPMENT (GMEE)11,82511,825 050MATERIAL HANDLING EQUIP41,43041,430 051FIRST DESTINATION TRANSPORTATION5,3015,301 **GENERAL PROPERTY** 052FIELD MEDICAL EQUIPMENT6,8116,811 053TRAINING DEVICES14,85414,854 054CONTAINER FAMILY3,7703,770 055FAMILY OF CONSTRUCTION EQUIPMENT37,73537,735 056FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV)10,36010,360 057BRIDGE BOATS 058RAPID DEPLOYABLE KITCHEN2,1592,159 **OTHER SUPPORT** 059ITEMS LESS THAN $5 MILLION8,7928,792 **SPARES AND REPAIR PARTS** 060SPARES AND REPAIR PARTS41,54741,547 **TOTAL—PROCUREMENT, MARINE CORPS****1,600,638****1,603,738** **AIRCRAFT PROCUREMENT, AIR FORCE** **COMBAT AIRCRAFT** **TACTICAL FORCES** 001F–352,048,8302,178,830 F136 engine procurement[130,000] 002 ADVANCE PROCUREMENT (CY)300,600278,600 Reduction of 2 aircraft previously funded in fiscal year 2009[–22,000] 003F–22A95,16395,163 004 ADVANCE PROCUREMENT
(CY)**AIRLIFT AIRCRAFT** **TACTICAL AIRLIFT**123 STAT. 2742 005C–17A (MYP)88,51088,510 **OTHER AIRLIFT** 006C–130J285,632285,632 007 ADVANCE PROCUREMENT (CY)108,000108,000 008HC/MC–130 RECAP879,231375,231 Funded in fiscal year 2009 supplemental[–504,000] 009 ADVANCE PROCUREMENT (CY)137,360137,360 010JOINT CARGO AIRCRAFT319,050319,050 **TRAINER AIRCRAFT** **UPT TRAINERS** 011USAFA POWERED FLIGHT PROGRAM4,1444,144 **OPERATIONAL TRAINERS** 012JPATS15,71115,711 **OTHER AIRCRAFT** **HELICOPTERS** 013V22 OSPREY437,272437,272 014 ADVANCE PROCUREMENT (CY)13,83513,835 **MISSION SUPPORT AIRCRAFT** 015C–29A FLIGHT INSPECTION ACFT 016C–12 A 017C–40154,044259,294 Program Increase[105,250] 018CIVIL AIR PATROL A/C2,4262,426 **OTHER AIRCRAFT** 020TARGET DRONES78,51178,511 021C–37A66,40066,400 022GLOBAL HAWK554,775554,775 023 ADVANCE PROCUREMENT (CY)113,049113,049 024MQ–1 025MQ–9489,469489,469 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS3,6083,608 **MODIFICATION OF IN-SERVICE AIRCRAFT** **STRATEGIC AIRCRAFT** 026B–2A283,955264,155 USAF requested transfer to APAF 78A, B–2 Post Production Support for the B–2 Weapon System Support Center[–19,800] 027 ADVANCE PROCUREMENT
(CY)028B–1B107,55878,558 Program delay for various programs. Funding transferred to PE 11126F (RDAF 119)[–29,000] 029B–5278,78861,466 Air Force identified excess[–17,322] **TACTICAL AIRCRAFT** 030A–10252,488252,488 031F–1592,921143,421 5 AESA Radars[50,500] 032F–16224,642221,875 Funding ahead of need—BLOS Installs[–2,767] 033F–22A350,735192,336 Common Configuration—Early to need[–158,399] **AIRLIFT AIRCRAFT** 034C–5606,993578,993 Funding ahead of need—RERP Install[–28,000] 035 ADVANCE PROCUREMENT (CY)108,300108,300 036C–9C1010 037C–17A469,731424,431 Funding requested ahead of need[–45,300] 038C–21562562 039C–32A10,64410,644 040C–37A4,3364,336 **TRAINER AIRCRAFT** 041GLIDER MODS119119 042T–633,07433,074 043T–13535 044T–3875,27461,057 Improved Brake System Program Termination[–14,217]123 STAT. 2743 045T–43 **OTHER AIRCRAFT** 046KC–10A (ATCA)9,4419,441 047C–12472472 048MC–12W63,00063,000 049C–20 MODS734734 050VC–25A MOD15,61015,610 051C–409,1629,162 052C–130354,421134,171 Scathe View Hyper-Spectral Imagery Upgrade[4,500] Senior Scout COMINT Capability Upgrade[3,750] Program Excess[–209,500] Centerwing Replacements—Early to need[–19,000] 053C130J MODS13,62713,627 054C–135150,425150,425 055COMPASS CALL MODS29,18729,187 056DARP107,859107,859 057E–379,26379,263 058E–473,05873,058 059E–8225,973225,973 060H–118,28018,280 061H–6014,20195,201 HH–60G AAQ–29 FLIR[81,000] 062GLOBAL HAWK MODS134,864134,864 063HC/MC–130 MODIFICATIONS1,9641,964 064OTHER AIRCRAFT103,274127,274 Litening ATP upgrade kits[24,000] 065MQ–1 MODS123,889123,889 066MQ–9 MODS48,83748,837 Reflect USAF decision to change sensor payload 067CV–22 MODS24,42924,429 067ACAF Restructure **AIRCRAFT SPARES + REPAIR PARTS** 068INITIAL SPARES/REPAIR PARTS418,604418,604 **AIRCRAFT SUPPORT EQUIPMENT AND FACILITIES** **COMMON SUPPORT EQUIP** 069AIRCRAFT REPLACEMENT SUPPORT EQUIP105,820105,820 **POST PRODUCTION SUPPORT** 070B–13,9293,929 071B–2A 072B–2A24,48124,481 073C–52,2592,259 074C–511,78711,787 075KC–10A (ATCA)4,1254,125 076C–17A91,4000 Funding requested ahead of need[–91,400] 077C–13028,09228,092 078EC–130J5,2835,283 078AB–2 POST PRODUCTION SUPPORT19,800 USAF requested transfer from APAF 26 for the B–2 Weapon System Support Center[19,800] 079F–1515,74415,744 080F–1619,95119,951 081OTHER AIRCRAFT51,98051,980 082T–1 **INDUSTRIAL PREPAREDNESS** 083INDUSTRIAL RESPONSIVENESS25,52925,529 **WAR CONSUMABLES** 084WAR CONSUMABLES134,427134,427 **OTHER PRODUCTION CHARGES** 085OTHER PRODUCTION CHARGES490,344490,344 **OTHER PRODUCTION CHARGES—SOF** 087CANCELLED ACCT ADJUSTMENTS **DARP** 088DARP15,32315,323 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS19,44319,443123 STAT. 2744 **TOTAL—AIRCRAFT PROCUREMENT, AIR FORCE****11,966,276****11,224,371** **PROCUREMENT OF AMMUNITION, AIR FORCE** **PROCUREMENT OF AMMO, AIR FORCE** **ROCKETS** 001ROCKETS43,46143,461 **CARTRIDGES** 002CARTRIDGES123,886123,886 **BOMBS** 003PRACTICE BOMBS52,45952,459 004GENERAL PURPOSE BOMBS225,145225,145 005JOINT DIRECT ATTACK MUNITION103,041103,041 **FLARE, IR MJU–7B** 006CAD/PAD40,52240,522 007EXPLOSIVE ORDINANCE DISPOSAL (EOD)3,3023,302 008SPARES AND REPAIR PARTS4,5824,582 009MODIFICATIONS1,2891,289 010ITEMS LESS THAN $5,000,0005,0615,061 **FUZES** 011FLARES152,515152,515 012FUZES61,03761,037 **WEAPONS** **SMALL ARMS** 013SMALL ARMS6,1626,162 **TOTAL—PROCUREMENT OF AMMUNITION, AIR FORCE****822,462****822,462** **MISSILE PROCUREMENT, AIR FORCE** **BALLISTIC MISSILES** **MISSILE REPLACEMENT EQUIPMENT-BALLISTIC** 001MISSILE REPLACEMENT EQ-BALLISTIC58,13958,139 **OTHER MISSILES** **TACTICAL** 002JASSM52,66652,666 003SIDEWINDER (AIM–9X)78,75378,753 004AMRAAM291,827286,827 Funding ahead of need for DMS[–5,000] 005PREDITOR HELLFIRE MISSILE79,69964,530 Updated pricing[–15,169] 006SMALL DIAMETER BOMB134,801134,801 **INDUSTRIAL FACILITIES** 007INDUSTR’L PREPAREDNS/POL PREVENTION841841 **MODIFICATION OF IN-SERVICE MISSILES** **CLASS IV** 008ADVANCED CRUISE MISSILE3232 009MM III MODIFICATIONS199,484199,484 010AGM–65D MAVERICK258258 011AGM–88A HARM30,28030,280 012AIR LAUNCH CRUISE MISSILE
(ALCM)**SPARES AND REPAIR PARTS** **MISSILE SPARES + REPAIR PARTS** 013INITIAL SPARES/REPAIR PARTS70,18570,185 **OTHER SUPPORT** **SPACE PROGRAMS** 014ADVANCED EHF1,843,4751,843,475 015 ADVANCE PROCUREMENT
(CY)016WIDEBAND GAPFILLER SATELLITES(SPACE)201,671151,671 Program delay[–50,000] 017 ADVANCE PROCUREMENT (CY)62,38062,380 018SPACEBORNE EQUIP (COMSEC)9,8719,871 019GLOBAL POSITIONING (SPACE)53,14053,140 020 ADVANCE PROCUREMENT
(CY)021NUDET DETECTION SYSTEM 022DEF METEOROLOGICAL SAT PROG(SPACE)97,76497,764 023TITAN SPACE BOOSTERS(SPACE) 024EVOLVED EXPENDABLE LAUNCH VEH(SPACE)1,295,3251,102,225123 STAT. 2745 Reduction in Requirement for Launch Vehicles[–88,100] EELV reduction for AFSPC 4[–105,000] 025MEDIUM LAUNCH VEHICLE(SPACE) 026SBIR HIGH (SPACE)307,456307,456 027 ADVANCE PROCUREMENT (CY)159,000159,000 028NATL POLAR-ORBITING OP ENV SATELLITE3,9003,900 **SPECIAL PROGRAMS** 029DEFENSE SPACE RECONN PROGRAM105,152105,152 031SPECIAL UPDATE PROGRAMS311,070311,070 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS853,559853,559 **TOTAL—MISSILE PROCUREMENT, AIR FORCE****6,300,728****6,037,459** **OTHER PROCUREMENT, AIR FORCE** **VEHICULAR EQUIPMENT** **CARGO + UTILITY VEHICLES** 002MEDIUM TACTICAL VEHICLE25,92225,922 003CAP VEHICLES897897 **SPECIAL PURPOSE VEHICLES** 004SECURITY AND TACTICAL VEHICLES44,60344,603 **FIRE FIGHTING EQUIPMENT** 005FIRE FIGHTING/CRASH RESCUE VEHICLES27,76027,760 **MATERIALS HANDLING EQUIPMENT** 006HALVERSEN LOADER **BASE MAINTENANCE SUPPORT** 007RUNWAY SNOW REMOV AND CLEANING EQU24,88424,884 008ITEMS LESS THAN $5,000,000(VEHICLES)57,24340,243 Reduce program growth[–17,000] **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS18,16318,163 **ELECTRONICS AND TELECOMMUNICATIONS** **COMM SECURITY EQUIPMENT(COMSEC)** 009COMSEC EQUIPMENT209,249209,249 010MODIFICATIONS (COMSEC)1,5701,570 **INTELLIGENCE PROGRAMS** 011INTELLIGENCE TRAINING EQUIPMENT4,2304,230 012INTELLIGENCE COMM EQUIPMENT21,96527,465 Eagle Vision-ANG[4,000] Eagle Vision Upgrade-ANG[1,500] **ELECTRONICS PROGRAMS** 013AIR TRAFFIC CONTROL & LANDING SYS22,59122,591 014NATIONAL AIRSPACE SYSTEM47,67047,670 015THEATER AIR CONTROL SYS IMPROVEMEN56,77656,776 016WEATHER OBSERVATION FORECAST19,35719,357 017STRATEGIC COMMAND AND CONTROL35,11635,116 018CHEYENNE MOUNTAIN COMPLEX28,60828,608 019DRUG INTERDICTION SPT452452 **SPCL COMM-ELECTRONICS PROJECTS** 020GENERAL INFORMATION TECHNOLOGY111,282111,282 021AF GLOBAL COMMAND & CONTROL SYS15,49915,499 022MOBILITY COMMAND AND CONTROL8,6108,610 023AIR FORCE PHYSICAL SECURITY SYSTEM137,29377,293 Weapons Storage Area—Request ahead of need[–60,000] 024COMBAT TRAINING RANGES40,63344,633 Unmanned modular threat emitter (UMTE)[3,000] Joint threat emitter (JTE)[1,000] 025C3 COUNTERMEASURES8,1778,177 026GCSS-AF FOS81,57981,579 027THEATER BATTLE MGT C2 SYSTEM29,68729,687 028AIR & SPACE OPERATIONS CTR-WPN SYS54,09354,093 **AIR FORCE COMMUNICATIONS** 029BASE INFO INFRASTRUCTURE433,859384,859 Excess funding[–49,000] 030USCENTCOM38,95838,958 031AUTOMATED TELECOMMUNICATIONS PRG **DISA PROGRAMS**123 STAT. 2746 032SPACE BASED IR SENSOR PGM SPACE34,44034,440 033NAVSTAR GPS SPACE6,4156,415 034NUDET DETECTION SYS SPACE15,43615,436 035AF SATELLITE CONTROL NETWORK SPACE58,86558,865 036SPACELIFT RANGE SYSTEM SPACE100,275100,275 037MILSATCOM SPACE110,575110,575 038SPACE MODS SPACE30,59430,594 039COUNTERSPACE SYSTEM29,79329,793 **ORGANIZATION AND BASE** 040TACTICAL C-E EQUIPMENT240,890207,890 Reduce Vehicle Communication Systems[–33,000] 041COMBAT SURVIVOR EVADER LOCATER35,02935,029 042RADIO EQUIPMENT15,53615,536 043TV EQUIPMENT (AFRTV) 044CCTV/AUDIOVISUAL EQUIPMENT12,96112,961 045BASE COMM INFRASTRUCTURE121,049121,049 **MODIFICATIONS** 046COMM ELECT MODS64,08764,087 **OTHER BASE MAINTENANCE AND SUPPORT EQUIP** **PERSONAL SAFETY & RESCUE EQUIP** 047NIGHT VISION GOGGLES28,22628,226 048ITEMS LESS THAN $5,000,000 (SAFETY)17,22317,223 **DEPOT PLANT+MTRLS HANDLING EQ** 049MECHANIZED MATERIAL HANDLING EQUIP15,44915,449 **BASE SUPPORT EQUIPMENT** 050BASE PROCURED EQUIPMENT14,30014,300 051CONTINGENCY OPERATIONS22,97310,000 Reduce program growth[–12,973] 052PRODUCTIVITY CAPITAL INVESTMENT3,0203,020 053MOBILITY EQUIPMENT32,85532,855 054ITEMS LESS THAN $5,000,000 (BASE S)8,19511,195 Aircrew Body Armor and Load Carriage Vest[3,000] **SPECIAL SUPPORT PROJECTS** 056DARP RC13523,13223,132 057DISTRIBUTED GROUND SYSTEMS293,640293,640 059SPECIAL UPDATE PROGRAM471,234471,234 060DEFENSE SPACE RECONNAISSANCE PROG.30,04130,041 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS13,830,72213,830,722 **SPARES AND REPAIR PARTS** 061SPARES AND REPAIR PARTS19,46019,460 061aProcurement of computer services / systems **TOTAL—OTHER PROCUREMENT, AIR FORCE****17,293,141****17,133,668** **MINE RESISTANT AMBUSH PROT VEH FUND** MINE RESISTANT AMBUSH PROT VEH FUND600,000 Additional MRAP vehicles to meet new requirement[600,000] **TOTAL—MINE RESISTANT AMBUSH PROT VEH FUND****600,000** **PROCUREMENT, DEFENSE-WIDE** **MAJOR EQUIPMENT** **MAJOR EQUIPMENT, AFIS** 001MAJOR EQUIPMENT, AFIS **MAJOR EQUIPMENT, BTA** 002MAJOR EQUIPMENT, BTA8,8588,858 **MAJOR EQUIPMENT, DCAA** 003ITEMS LESS THAN $5 MILLION1,4891,489 **MAJOR EQUIPMENT, DCMA** 004MAJOR EQUIPMENT2,0122,012 **MAJOR EQUIPMENT, DHRA** 005PERSONNEL ADMINISTRATION10,43110,431 **MAJOR EQUIPMENT, DISA** 017INTERDICTION SUPPORT 018INFORMATION SYSTEMS SECURITY13,44913,449 019GLOBAL COMMAND AND CONTROL SYSTEM7,0537,053123 STAT. 2747 020GLOBAL COMBAT SUPPORT SYSTEM2,8202,820 021TELEPORT PROGRAM68,03768,037 022ITEMS LESS THAN $5 MILLION196,232196,232 023NET CENTRIC ENTERPRISE SERVICES (NCES)3,0513,051 024DEFENSE INFORMATION SYSTEM NETWORK (DISN)89,72589,725 025PUBLIC KEY INFRASTRUCTURE1,7801,780 026JOINT COMMAND AND CONTROL PROGRAM2,8352,835 027CYBER SECURITY INITIATIVE18,18818,188 **MAJOR EQUIPMENT, DLA** 028MAJOR EQUIPMENT7,7287,728 **MAJOR EQUIPMENT, DMACT** 029MAJOR EQUIPMENT10,14910,149 **MAJOR EQUIPMENT, DODEA** 030AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS1,4631,463 **MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY** 031EQUIPMENT 032VEHICLES5050 033OTHER MAJOR EQUIPMENT7,4477,447 **MAJOR EQUIPMENT, DTSA** 034MAJOR EQUIPMENT436436 **MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY** 035THAAD SYSTEM420,300420,300 036SM–3168,723191,923 Additional SM–3 Block 1A missiles[23,200] 036ATPY–2 Radar **MAJOR EQUIPMENT, NSA** 044INFORMATION SYSTEMS SECURITY PROGRAM (ISSP)4,0134,013 **MAJOR EQUIPMENT, OSD** 047MAJOR EQUIPMENT, OSD111,487111,487 **MAJOR EQUIPMENT, TJS** 048MAJOR EQUIPMENT, TJS12,06512,065 **MAJOR EQUIPMENT, WHS** 049WHS MOTOR VEHICLES 050MAJOR EQUIPMENT, WHS26,94526,945 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS818,766818,766 **SPECIAL OPERATIONS COMMAND** **AVIATION PROGRAMS** 051ROTARY WING UPGRADES AND SUSTAINMENT101,936101,936 052MH–47 SERVICE LIFE EXTENSION PROGRAM22,95822,958 053MH–60 SOF MODERNIZATION PROGRAM146,820146,820 054NON-STANDARD AVIATION227,552197,552 Procurement Schedule[–30,000] 055UNMANNED VEHICLES 056SOF TANKER RECAPITALIZATION34,20034,200 057SOF U–282,5182,518 058MC–130H, COMBAT TALON II 059CV–22 SOF MOD114,553114,553 060MQ–1 UAV10,93010,930 061MQ–9 UAV12,67112,671 062STUASL012,22312,223 063C–130 MODIFICATIONS59,950145,950 MC–130W multi-mission modifications[85,000] Intelligence Broadcast Receiver
(IBR)for AFSOC MC–130[1,000] 064AIRCRAFT SUPPORT973973 **SHIPBUILDING** 065ADVANCED SEAL DELIVERY SYSTEM (ASDS)5,2360 Program termination[–5,236] 066MK8 MOD1 SEAL DELIVERY VEHICLE1,4631,463 **AMMUNITION PROGRAMS** 067SOF ORDNANCE REPLENISHMENT61,36061,360 068SOF ORDNANCE ACQUISITION26,79126,791 **OTHER PROCUREMENT PROGRAMS** 069COMMUNICATIONS EQUIPMENT AND ELECTRONICS55,08055,080 070SOF INTELLIGENCE SYSTEMS72,81172,811 071SMALL ARMS AND WEAPONS35,23542,735123 STAT. 2748 Advanced lightweight grenade launcher[5,000] Special Operations Forces Combat Assault Rifle (SCAR)[2,500] 072MARITIME EQUIPMENT MODIFICATIONS791791 073SPEC APPLICATION FOR CONT 074SOF COMBATANT CRAFT SYSTEMS6,15616,156 Special Operations Craft-Riverine[10,000] 075SPARES AND REPAIR PARTS2,0102,010 076TACTICAL VEHICLES18,82118,821 077MISSION TRAINING AND PREPARATION SYSTEMS17,26517,265 078COMBAT MISSION REQUIREMENTS20,00020,000 079MILCON COLLATERAL EQUIPMENT6,8356,835 081SOF AUTOMATION SYSTEMS60,83660,836 082SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES12,40112,401 083SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE26,07026,070 084SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS550550 085SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS33,74138,741 Special operations visual augmentation systems[5,000] 086SOF TACTICAL RADIO SYSTEMS53,03463,034 Special operations forces multi-band inter/intra team radio[10,000] 087SOF MARITIME EQUIPMENT2,7772,777 088DRUG INTERDICTION 089MISCELLANEOUS EQUIPMENT7,5767,576 090SOF OPERATIONAL ENHANCEMENTS273,998273,998 091PSYOP EQUIPMENT43,08143,081 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS5,5735,573 **CHEMICAL/BIOLOGICAL DEFENSE** **CBDP** 092Installation Force Protection65,59065,590 093Individual Force Protection92,00492,004 094Decontamination22,00822,008 095Joint Bio Defense Program (Medical)12,74012,740 096Collective Protection27,93827,938 097Contamination Avoidance151,765151,765 097aProcurement of computer services / systems **TOTAL—PROCUREMENT, DEFENSE-WIDE****3,984,352****4,090,816** **RAPID ACQUISITION FUND** 001JOINT RAPID ACQUISITION CELL79,3000 Program Reduction[–79,300] **TOTAL—RAPID ACQUISITION FUND****79,300****0** **NATIONAL GUARD & RESERVE EQUIPMENT** **RESERVE EQUIPMENT** UNDISTRIBUTED600,000 **ARMY RESERVE** 001MISCELLANEOUS EQUIPMENT **NAVY RESERVE** 002MISCELLANEOUS EQUIPMENT **MARINE CORPS RESERVE** 003MISCELLANEOUS EQUIPMENT **AIR FORCE RESERVE** 004MISCELLANEOUS EQUIPMENT **ARMY NATIONAL GUARD** 005MISCELLANEOUS EQUIPMENT **AIR NATIONAL GUARD** 006MISCELLANEOUS EQUIPMENT **TOTAL—NATIONAL GUARD & RESERVE EQUIPMENT****0****600,000** **Total Procurement****105,819,330****105,029,379** 123 STAT. 2749 SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. **PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS** (In Thousands of Dollars) **Line****Item****FY 2010** **Request****Conference** **Agreement** **AIRCRAFT PROCUREMENT, ARMY** **AIRCRAFT** **FIXED WING** 003MQ–1 UAV250,000250,000 004RQ–11 (RAVEN)44,64044,640 004AC–12A45,00045,000 **ROTARY WING** 011UH–60 BLACKHAWK (MYP)74,34074,340 013CH–47 HELICOPTER141,200141,200 **MODIFICATION OF AIRCRAFT** 018GUARDRAIL MODS (MIP)50,21050,210 019MULTI SENSOR ABN RECON (MIP)54,00054,000 020AH–64 MODS315,300315,300 026UTILITY HELICOPTER MODS2,5002,500 027KIOWA WARRIOR94,33594,335 030RQ–7 UAV MODS326,400326,400 030AC–12A60,00060,000 **SPARES AND REPAIR PARTS** 031SPARE PARTS (AIR)18,20018,200 **SUPPORT EQUIPMENT AND FACILITIES** **GROUND SUPPORT AVIONICS** 033ASE INFRARED CM111,600111,600 **OTHER SUPPORT** 035COMMON GROUND EQUIPMENT23,70423,704 036AIRCREW INTEGRATED SYSTEMS24,80024,800 **TOTAL—AIRCRAFT PROCUREMENT, ARMY****1,636,229****1,636,229** **MISSILE PROCUREMENT, ARMY** **OTHER MISSILES** **AIR-TO-SURFACE MISSILE SYSTEM** 005HELLFIRE SYS SUMMARY219,700219,700 **ANTI-TANK/ASSAULT MISSILE SYSTEM** 006JAVELIN (AAWS-M) SYSTEM SUMMARY140,979115,979 Funding ahead of need[–25,000] 007TOW 2 SYSTEM SUMMARY59,20034,200 Funding ahead of need[–25,000] 008GUIDED MLRS ROCKET (GMLRS)60,60060,600 **MODIFICATIONS** 014MLRS MODS18,77218,772 015HIMARS MODIFICATIONS32,31932,319 **TOTAL—MISSILE PROCUREMENT, ARMY****531,570****481,570** **PROCUREMENT OF WEAPONS & TRACKED COMBAT VEHICLES** **MODIFICATION OF TRACKED COMBAT VEHICLES** 009FIST VEHICLE (MOD)36,00036,000 010BRADLEY PROGRAM (MOD)243,600243,600 011HOWITZER, MED SP FT 155MM M109A6 (MOD)37,62037,620 **SUPPORT EQUIPMENT & FACILITIES** **WEAPONS AND OTHER COMBAT VEHICLES** 027XM320 GRENADE LAUNCHER MODULE (GLM)13,90013,900 031COMMON REMOTELY OPERATED WEAPONS STATION (CRO235,000235,000 033HOWITZER LT WT 155MM (T)107,996107,996 **MOD OF WEAPONS AND OTHER COMBAT VEH** 036M2 50 CAL MACHINE GUN MODS27,60027,600 037M249 SAW MACHINE GUN MODS20,90020,900 038M240 MEDIUM MACHINE GUN MODS4,8004,800 040M119 MODIFICATIONS21,25021,250 041AM14 7.62 RIFLE MODS5,8005,800 **SUPPORT EQUIPMENT & FACILITIES** 043ITEMS LESS THAN $5.0M (WOCV-WTCV)5,0005,000123 STAT. 2750 **TOTAL—PROCUREMENT OF WTCV, ARMY****759,466****759,466** **PROCUREMENT OF AMMUNITION, ARMY** **AMMUNITION** **SMALL/MEDIUM CALIBER AMMUNITION** 001CTG, 5.56MM, ALL TYPES22,00022,000 002CTG, 7.62MM, ALL TYPES8,3008,300 003CTG, HANDGUN, ALL TYPES500500 004CTG, .50 CAL, ALL TYPES26,50026,500 006CTG, 30MM, ALL TYPES530530 **MORTAR AMMUNITION** 00860MM MORTAR, ALL TYPES20,00020,000 **TANK AMMUNITION** **ARTILLERY AMMUNITION** 014CTG, ARTY, 105MM: ALL TYPES9,2009,200 016PROJ 155MM EXTENDED RANGE XM98252,20052,200 017MODULAR ARTILLERY CHARGE SYSTEM (MACS), ALL T10,00010,000 **ARTILLERY FUZES** 018ARTILLERY FUZES, ALL TYPES7,8007,800 **MINES** 019MINES, ALL TYPES5,0005,000 020MINE, CLEARING CHARGE, ALL TYPES7,0007,000 **ROCKETS** 024ROCKET, HYDRA 70, ALL TYPES169,505169,505 **OTHER AMMUNITION** 027SIGNALS, ALL TYPES100100 **MISCELLANEOUS** 030NON-LETHAL AMMUNITION, ALL TYPES32,00032,000 **TOTAL—PROCUREMENT OF AMMUNITION, ARMY****370,635****370,635** **OTHER PROCUREMENT, ARMY** **TACTICAL AND SUPPORT VEHICLES** **TACTICAL VEHICLES** 001TACTICAL TRAILERS/DOLLY SETS1,9481,948 002SEMITRAILERS, FLATBED:40,40340,403 003SEMITRAILERS, TANKERS8,6518,651 004HI MOB MULTI-PURP WHLD VEH (HMMWV)1,251,038875,718 Army end strength budget amendment[–375,320] 005FAMILY OF MEDIUM TACTICAL VEH (FMTV)461,657286,337 Army end strength budget amendment[–175,320] 007FAMILY OF HEAVY TACTICAL VEHICLES (FHTV)623,230623,230 009ARMORED SECURITY VEHICLES (ASV)13,20613,206 012TRUCK, TRACTOR, LINE HAUL, M915/M91662,65462,654 **COMMUNICATIONS AND ELECTRONICS EQUIPMENT** **COMM-JOINT COMMUNICATIONS** 023WIN-T—GROUND FORCES TACTICAL NETWORK13,50013,500 **COMM—SATELLITE COMMUNICATIONS** 028NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE)53,48653,486 029SMART-T (SPACE)26,00026,000 032MOD OF IN-SVC EQUIP (TAC SAT)23,90023,900 **COMM—COMBAT SUPPORT COMM** 032AMOD-IN-SERVICE PROFILER6,0706,070 **COMM—COMBAT COMMUNICATIONS** 034ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO)239239 037SINCGARS FAMILY128,18053,180 Unjustified program growth[–75,000] 038AMC CRITICAL ITEMS—OPA2100,000100,000 046RADIO, IMPROVED HF
(COTS)FAMILY11,28611,286 047MEDICAL COMM FOR CBT CASUALTY CARE (MC4)1818 **INFORMATION SECURITY** 050INFORMATION SYSTEM SECURITY PROGRAM-ISSP32,09532,095 **COMM—BASE COMMUNICATIONS** 055INFORMATION SYSTEMS330,342330,342 057INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM(227,733227,733 **ELECT EQUIP—TACT INT REL ACT (TIARA)**123 STAT. 2751 062JTT/CIBS-M (MIP)1,6601,660 066DIGITAL TOPOGRAPHIC SPT SYS
(DTSS)(MIP)265265 069DCGS-A (MIP)167,100167,100 073CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP34,20834,208 075ITEMS LESS THAN $5.0M (MIP)5,0645,064 **ELECT EQUIP—ELECTRONIC WARFARE (EW)** 076LIGHTWEIGHT COUNTER MORTAR RADAR58,59058,590 077WARLOCK164,435164,435 078COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES126,030126,030 **ELECT EQUIP—TACTICAL SURV. (TAC SURV)** 082NIGHT VISION DEVICES93,18393,183 084NIGHT VISION, THERMAL WPN SIGHT25,00025,000 085SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF15,00015,000 087COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM)150,400150,400 091ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE1,9001,900 094FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2)242,999242,999 096LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLD97,02097,020 097COMPUTER BALLISTICS: LHMBC XM323,7803,780 099COUNTERFIRE RADARS26,00026,000 **ELECT EQUIP—TACTICAL C2 SYSTEMS** 103FIRE SUPPORT C2 FAMILY14,84014,840 104BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC1616 107KNIGHT FAMILY178,500178,500 113NETWORK MANAGEMENT INITIALIZATION AND SERVICE58,90058,900 114MANEUVER CONTROL SYSTEM (MCS)5,0005,000 115SINGLE ARMY LOGISTICS ENTERPRISE (SALE)1,4401,440 **ELECT EQUIP—SUPPORT** CLASSIFIED PROGRAMS760760 **CHEMICAL DEFENSIVE EQUIPMENT** 129PROTECTIVE SYSTEMS44,46044,460 130CBRN SOLDIER PROTECTION38,81138,811 **BRIDGING EQUIPMENT** 133TACTICAL BRIDGE, FLOAT-RIBBON13,52513,525 **ENGINEER (NON-CONSTRUCTION) EQUIPMENT** 136EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT)10,80010,800 **COMBAT SERVICE SUPPORT EQUIPMENT** 140LAUNDRIES, SHOWERS AND LATRINES21,56121,561 142LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME)1,9551,955 146FORCE PROVIDER245,382245,382 147FIELD FEEDING EQUIPMENT4,0114,011 150ITEMS LESS THAN $5M (ENG SPT)4,9874,987 **PETROLEUM EQUIPMENT** 152DISTRIBUTION SYSTEMS, PETROLEUM & WATER58,55458,554 **WATER EQUIPMENT** 153WATER PURIFICATION SYSTEMS3,0173,017 **MEDICAL EQUIPMENT** 154COMBAT SUPPORT MEDICAL11,38611,386 **MAINTENANCE EQUIPMENT** 155MOBILE MAINTENANCE EQUIPMENT SYSTEMS12,36512,365 156ITEMS LESS THAN $5.0M (MAINT EQ)546546 **CONSTRUCTION EQUIPMENT** 162LOADERS1,1001,100 163HYDRAULIC EXCAVATOR290290 166PLANT, ASPHALT MIXING2,5002,500 167HIGH MOBILITY ENGINEER EXCAVATOR
(HMEE)FOS16,50016,500 169ITEMS LESS THAN $5.0M (CONST EQUIP)360360 **RAIL FLOAT CONTAINERIZATION EQUIPMENT** 172ITEMS LESS THAN $5.0M (FLOAT/RAIL)3,5503,550 **GENERATORS** 173GENERATORS AND ASSOCIATED EQUIP62,21062,210 **MATERIAL HANDLING EQUIPMENT** 174ROUGH TERRAIN CONTAINER HANDLER (RTCH)54,36054,360 175ALL TERRAIN LIFTING ARMY SYSTEM49,31949,319 **TRAINING EQUIPMENT** 176COMBAT TRAINING CENTERS SUPPORT60,20060,200 177TRAINING DEVICES, NONSYSTEM28,20028,200 **TEST MEASURE AND DIG EQUIPMENT (TMD)**123 STAT. 2752 182INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE)1,5241,524 183TEST EQUIPMENT MODERNIZATION (TEMOD)3,8173,817 **OTHER SUPPORT EQUIPMENT** 184RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT27,00027,000 187MODIFICATION OF IN-SVC EQUIPMENT (OPA–3)555,950555,950 **TOTAL—OTHER PROCUREMENT, ARMY****6,225,966****5,600,326** **JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND** **NETWORK ATTACK** 001ATTACK THE NETWORK812,0001,015,100 Transfer from base budget[203,100] **JIEDDO DEVICE DEFEAT** 002DEFEAT THE DEVICE536,000735,100 Transfer from base budget[199,100] **FORCE TRAINING** 003TRAIN THE FORCE187,000228,100 Transfer from base budget[41,100] **STAFF AND INFRASTRUCTURE** 004OPERATIONS121,550 Transfer from base budget[121,550] **TOTAL—JOINT IED DEFEAT FUND****1,535,000****2,099,850** **AIRCRAFT PROCUREMENT, NAVY** **COMBAT AIRCRAFT** 010UH–1Y/AH–1Z55,00655,006 **MODIFICATION OF AIRCRAFT** 028EA–6 SERIES45,00045,000 029AV–8 SERIES28,29619,396 ALE–47 upgrades complete[–8,900] 030F–18 SERIES96,00096,000 031H–46 SERIES17,48517,485 033H–53 SERIES164,730164,730 034SH–60 SERIES11,19211,192 035H–1 SERIES11,21711,217 037P–3 SERIES74,90074,900 039E–2 SERIES17,20017,200 041C–2A14,10014,100 042C–130 SERIES52,32452,324 049POWER PLANT CHANGES4,4560 Non-emergency modifications[–4,456] 052COMMON ECM EQUIPMENT263,382263,382 054COMMON DEFENSIVE WEAPON SYSTEM5,5005,500 056V–22 (TILT/ROTOR ACFT) OSPREY53,50053,500 **AIRCRAFT SPARES AND REPAIR PARTS** 057SPARES AND REPAIR PARTS2,2652,265 **TOTAL—AIRCRAFT PROCUREMENT, NAVY****916,553****903,197** 010HELLFIRE73,70050,700 Army end strength budget amendment[–23,000] **TOTAL—WEAPONS PROCUREMENT, NAVY****73,700****50,700** **PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS** **PROC AMMO, NAVY** **NAVY AMMUNITION** 001GENERAL PURPOSE BOMBS40,50040,500 003AIRBORNE ROCKETS, ALL TYPES42,51042,510 004MACHINE GUN AMMUNITION109,20080,377 Army end strength budget amendment[–28,823] 007AIR EXPENDABLE COUNTERMEASURES5,5015,501 0095 INCH/54 GUN AMMUNITION352352 011OTHER SHIP GUN AMMUNITION2,8352,835 012SMALL ARMS & LANDING PARTY AMMO14,22914,229123 STAT. 2753 013PYROTECHNIC AND DEMOLITION1,4421,442 **PROC AMMO, MC** **MARINE CORPS AMMUNITION** 015SMALL ARMS AMMUNITION16,93016,930 016LINEAR CHARGES, ALL TYPES5,8815,881 01740 MM, ALL TYPES104,824104,824 01860MM, ALL TYPES43,62343,623 01981MM, ALL TYPES103,647103,647 020120MM, ALL TYPES62,26562,265 021CTG 25MM, ALL TYPES563563 022GRENADES, ALL TYPES6,0746,074 023ROCKETS, ALL TYPES8,1178,117 024ARTILLERY, ALL TYPES81,97581,975 026DEMOLITION MUNITIONS, ALL TYPES9,2419,241 027FUZE, ALL TYPES51,07151,071 **TOTAL—PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS****710,780****681,957** **OTHER PROCUREMENT, NAVY** **OTHER SHIPBOARD EQUIPMENT** 018UNDERWATER EOD PROGRAMS12,04012,040 **SMALL BOATS** 025STANDARD BOATS13,00013,000 **COMMUNICATIONS AND ELECTRONICS EQUIPMENT** **AVIATION ELECTRONIC EQUIPMENT** 056MATCALS400400 **SHIPBOARD COMMUNICATIONS** 076SHIP COMMUNICATIONS AUTOMATION1,5001,500 **AIRCRAFT SUPPORT EQUIPMENT** 092EXPEDITIONARY AIRFIELDS37,34537,345 097AVIATION LIFE SUPPORT17,88317,883 **ORDNANCE SUPPORT EQUIPMENT** **OTHER ORDNANCE SUPPORT EQUIPMENT** 115EXPLOSIVE ORDNANCE DISPOSAL EQUIP43,65043,650 **CIVIL ENGINEERING SUPPORT EQUIPMENT** 120PASSENGER CARRYING VEHICLES2525 121GENERAL PURPOSE TRUCKS9393 122CONSTRUCTION & MAINTENANCE EQUIP11,16711,167 124TACTICAL VEHICLES54,00854,008 127ITEMS UNDER $5 MILLION10,84210,842 128PHYSICAL SECURITY VEHICLES1,1301,130 **SUPPLY SUPPORT EQUIPMENT** 129MATERIALS HANDLING EQUIPMENT2525 **PERSONNEL AND COMMAND SUPPORT EQUIPMENT** **COMMAND SUPPORT EQUIPMENT** 134COMMAND SUPPORT EQUIPMENT4,0004,000 139OPERATING FORCES SUPPORT EQUIPMENT15,45215,452 140C4ISR EQUIPMENT3,1003,100 142PHYSICAL SECURITY EQUIPMENT89,52164,521 OCO unjustified request[–25,000] **SPARES AND REPAIR PARTS** 145SPARES AND REPAIR PARTS2,8372,837 **TOTAL—OTHER PROCUREMENT, NAVY****318,018****293,018** **PROCUREMENT, MARINE CORPS** **WEAPONS AND COMBAT VEHICLES** **TRACKED COMBAT VEHICLES** 002LAV PIP58,22958,229 **ARTILLERY AND OTHER WEAPONS** 006155MM LIGHTWEIGHT TOWED HOWITZER54,0000 Army end strength budget amendment[–54,000] 008WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION3,3513,351 **OTHER SUPPORT** 010MODIFICATION KITS20,18320,183 011WEAPONS ENHANCEMENT PROGRAM9,1519,151123 STAT. 2754 **GUIDED MISSILES AND EQUIPMENT** **OTHER SUPPORT** 016MODIFICATION KITS8,5068,506 **COMMUNICATIONS & ELECTRONICS EQUIPMENT** **REPAIR AND TEST EQUIPMENT** 018REPAIR AND TEST EQUIPMENT11,74111,741 **OTHER SUPPORT (TEL)** 019COMBAT SUPPORT SYSTEM462462 **COMMAND AND CONTROL SYSTEM (NON-TEL)** 021ITEMS UNDER $5 MILLION (COMM & ELEC)4,1534,153 022AIR OPERATIONS C2 SYSTEMS3,0963,096 **RADAR + EQUIPMENT (NON-TEL)** 023RADAR SYSTEMS3,4173,417 **INTELL/COMM EQUIPMENT (NON-TEL)** 024FIRE SUPPORT SYSTEM521521 025INTELLIGENCE SUPPORT EQUIPMENT37,54737,547 026RQ–11 UAV13,00013,000 **OTHER COMM/ELEC EQUIPMENT (NON-TEL)** 027NIGHT VISION EQUIPMENT12,5700 Army end strength budget amendment[–12,570] **OTHER SUPPORT (NON-TEL)** 028COMMON COMPUTER RESOURCES23,10523,105 029COMMAND POST SYSTEMS23,04123,041 030RADIO SYSTEMS32,49732,497 031COMM SWITCHING & CONTROL SYSTEMS2,0442,044 032COMM & ELEC INFRASTRUCTURE SUPPORT6464 **SUPPORT VEHICLES** **ADMINISTRATIVE VEHICLES** 0355/4T TRUCK HMMWV (MYP)205,036205,036 036MOTOR TRANSPORT MODIFICATIONS10,1770 Army end strength budget amendment[–10,177] 037MEDIUM TACTICAL VEHICLE REPLACEMENT131,044131,044 038LOGISTICS VEHICLE SYSTEM REP59,21959,219 039FAMILY OF TACTICAL TRAILERS13,38813,388 **OTHER SUPPORT** **ENGINEER AND OTHER EQUIPMENT** 042ENVIRONMENTAL CONTROL EQUIP ASSORT5,1195,119 043BULK LIQUID EQUIPMENT4,5494,549 044TACTICAL FUEL SYSTEMS33,42133,421 045POWER EQUIPMENT ASSORTED24,86024,860 047EOD SYSTEMS47,69747,697 **MATERIALS HANDLING EQUIPMENT** 048PHYSICAL SECURITY EQUIPMENT19,7202,720 Army end strength budget amendment[–17,000] 050MATERIAL HANDLING EQUIP56,87556,875 **GENERAL PROPERTY** 053TRAINING DEVICES157,734147,304 Army end strength budget amendment[–10,430] 055FAMILY OF CONSTRUCTION EQUIPMENT35,81835,818 058RAPID DEPLOYABLE KITCHEN5555 **OTHER SUPPORT** 059ITEMS LESS THAN $5 MILLION39,05539,055 **SPARES AND REPAIR PARTS** **TOTAL—PROCUREMENT, MARINE CORPS****1,164,445****1,060,268** **AIRCRAFT PROCUREMENT, AIR FORCE** **OTHER AIRLIFT** 006C–130J72,00072,000 **OTHER AIRCRAFT** **CLASSIFIED PROGRAMS** **MODIFICATION OF IN-SERVICE AIRCRAFT** **STRATEGIC AIRCRAFT** 028B–1B20,50020,500 **TACTICAL AIRCRAFT** 030A–1010,00010,000 032F–1620,0250123 STAT. 2755 Army end strength budget amendment—secure line-of-sight/beyond line-of-sight mods[–20,025] **AIRLIFT AIRCRAFT** 034C–557,40057,400 037C–17A132,300120,725 Army end strength budget amendment—LAIRCM mods[–11,575] **OTHER AIRCRAFT** 052C–130210,80086,400 Army end strength budget amendment—LAIRCM mods[–124,400] 054C–13516,91616,916 056DARP10,30010,300 063HC/MC–130 MODIFICATIONS7,0007,000 064OTHER AIRCRAFT90,00090,000 065MQ–1 MODS65,00065,000 066MQ–9 MODS99,20099,200 **AIRCRAFT SUPPORT EQUIPMENT AND FACILITIES** **POST PRODUCTION SUPPORT** 076C–17A11,00011,000 **WAR CONSUMABLES** **OTHER PRODUCTION CHARGES** 085OTHER PRODUCTION CHARGES114,000114,000 **TOTAL—AIRCRAFT PROCUREMENT, AIR FORCE****936,441****780,441** **PROCUREMENT OF AMMUNITION, AIR FORCE** **ROCKETS** 001ROCKETS3,4883,488 **CARTRIDGES** 002CARTRIDGES39,23639,236 **BOMBS** 004GENERAL PURPOSE BOMBS34,08534,085 005JOINT DIRECT ATTACK MUNITION97,97897,978 **FLARE, IR MJU–7B** 007EXPLOSIVE ORDINANCE DISPOSAL (EOD)4,8004,800 **FUZES** 011FLARES41,00041,000 012FUZES14,59514,595 **WEAPONS** **SMALL ARMS** 013SMALL ARMS21,63721,637 **TOTAL—PROCUREMENT OF AMMUNITION, AIR FORCE****256,819****256,819** **MISSILE PROCUREMENT, AIR FORCE** **OTHER MISSILES** **TACTICAL** 005PREDITOR HELLFIRE MISSILE29,32529,325 006SMALL DIAMETER BOMB7,3007,300 **TOTAL—MISSILE PROCUREMENT, AIR FORCE****36,625****36,625** **OTHER PROCUREMENT, AIR FORCE** **VEHICULAR EQUIPMENT** **CARGO + UTILITY VEHICLES** 002MEDIUM TACTICAL VEHICLE3,3643,364 **SPECIAL PURPOSE VEHICLES** 004SECURITY AND TACTICAL VEHICLES11,33711,337 **FIRE FIGHTING EQUIPMENT** 005FIRE FIGHTING/CRASH RESCUE VEHICLES8,6268,626 **MATERIALS HANDLING EQUIPMENT** **SPCL COMM-ELECTRONICS PROJECTS** 023AIR FORCE PHYSICAL SECURITY SYSTEM1,6001,600 **DISA PROGRAMS** 037MILSATCOM SPACE714714 **OTHER BASE MAINTENANCE AND SUPPORT EQUIP** **PERSONAL SAFETY & RESCUE EQUIP** 047NIGHT VISION GOGGLES14,52814,528123 STAT. 2756 048ITEMS LESS THAN $5,000,000 (SAFETY)4,9004,900 **DEPOT PLANT+MTRLS HANDLING EQ** **BASE SUPPORT EQUIPMENT** 051CONTINGENCY OPERATIONS11,30011,300 **SPECIAL SUPPORT PROJECTS** 060DEFENSE SPACE RECONNAISSANCE PROG.34,40034,400 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS2,230,7802,230,780 **TOTAL—OTHER PROCUREMENT, AIR FORCE****2,321,549****2,321,549** **MINE RESISTANT AMBUSH PROT VEH FUND** **MINE RESISTANT AMBUSH PROT VEH FUND** MINE RESISTANT AMBUSH PROT VEH FUND5,456,0006,056,000 Additional MRAP vehicles to meet new requirement[600,000] **TOTAL—MINE RESISTANT AMBUSH PROT VEH FUND****5,456,000****6,056,000** **PROCUREMENT, DEFENSE-WIDE** **MAJOR EQUIPMENT, DISA** 019GLOBAL COMMAND AND CONTROL SYSTEM1,5001,500 021TELEPORT PROGRAM7,4117,411 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS304,794304,794 **SPECIAL OPERATIONS COMMAND** **AVIATION PROGRAMS** 052MH–47 SERVICE LIFE EXTENSION PROGRAM5,9005,900 057SOF U–283,0003,000 060MQ–1 UAV1,4500 Funding Early to Need[–1,450] 062STUASL012,00012,000 063C–130 MODIFICATIONS19,50019,500 **SHIPBUILDING** **AMMUNITION PROGRAMS** 067SOF ORDNANCE REPLENISHMENT51,15651,156 068SOF ORDNANCE ACQUISITION17,56017,560 **OTHER PROCUREMENT PROGRAMS** 069COMMUNICATIONS EQUIPMENT AND ELECTRONICS2,0002,000 070SOF INTELLIGENCE SYSTEMS23,26023,260 071SMALL ARMS AND WEAPONS3,8003,800 076TACTICAL VEHICLES6,8656,865 083SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE11,00011,000 086SOF TACTICAL RADIO SYSTEMS5,4485,448 090SOF OPERATIONAL ENHANCEMENTS11,90011,900 **CLASSIFIED PROGRAMS** 999CLASSIFIED PROGRAMS2,8862,886 **TOTAL—PROCUREMENT, DEFENSE-WIDE****491,430****489,980** **Total Procurement****23,741,226****23,878,630** 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) **Line****Program** **Element****Item****FY 2010** ** Request****Conference** **Authorized** **RESEARCH, DEVELOPMENT, TEST & EVALUATION, ARMY** **BASIC RESEARCH** 0010601101AIN-HOUSE LABORATORY INDEPENDENT RESEARCH19,67119,671 0020601102ADEFENSE RESEARCH SCIENCES173,024176,524 Ballistic materials research[3,500] 0030601103AUNIVERSITY RESEARCH INITIATIVES88,42192,421 Nanocomposite materials research[2,000] Open source intelligence research[1,000] Smart Wound Dressing for MRSA-Infected Battle Wounds[1,000] 0040601104AUNIVERSITY AND INDUSTRY RESEARCH CENTERS96,14498,844 Immersive simulation research[1,200] Materials processing research[1,500] **SUBTOTAL, BASIC RESEARCH, ARMY****377,260****387,460** **APPLIED RESEARCH** 0050602105AMATERIALS TECHNOLOGY27,20647,206 Advanced renewable jet fuels[3,000] Applied composite materials research[3,000] High strength fibers for ballistic armor applications[2,000] Moldable fabric armor[2,000] Smart materials and structures[1,000] Dual Stage Variable Energy Absorber[3,000] Next Generation High Strength Glass Fibers for Ballistic Armor Applications[2,000] Ultra Lightweight Metallic Armor[1,000] Nanomanufacturing of Multifunctional Sensors[3,000] 0060602120ASENSORS AND ELECTRONIC SURVIVABILITY50,64153,141 Nanoelectronic memory, sensor and energy devices[2,500] 0070602122ATRACTOR HIP14,32414,324 0080602211AAVIATION TECHNOLOGY41,33241,332 0090602270AELECTRONIC WARFARE TECHNOLOGY16,11916,119 0100602303AMISSILE TECHNOLOGY50,71650,716 0110602307AADVANCED WEAPONS TECHNOLOGY19,67819,678 0120602308AADVANCED CONCEPTS AND SIMULATION17,47319,473 Cognitive modeling and simulation research[2,000] 0130602601ACOMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY55,93774,437 Advanced composite materials research[3,500] Composite vehicle shelters[2,000] Tactical metal fabrication program[1,000] Tribology research[2,000] Vehicle systems engineering and integration activities[10,000] 0140602618ABALLISTICS TECHNOLOGY61,84365,843 Electromagnetic gun[–2,000] Reactive armor research[3,000] Beneficial Infrastructure for Rotorcraft Risk Reduction[1,000] Lethality research[2,000] 0150602622ACHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY5,2935,293 0160602623AJOINT SERVICE SMALL ARMS PROGRAM7,6747,674 0170602624AWEAPONS AND MUNITIONS TECHNOLOGY41,08559,085 Acoustic gun detection systems[2,000] Acoustic research[3,000] UGV weaponization[2,500] Highly Integrated Production for Expediting RESET[2,500] Hybrid Projectile Program[3,000]123 STAT. 2758 Specialized Compact Automated Mechanical Clearance Platform[4,000] Defense Support for Civil Authorities
(DSCA)for Key Resource Protection—South Central, PA[1,000] 0180602705AELECTRONICS AND ELECTRONIC DEVICES61,40467,104 Hybrid portable power program[3,200] Novel Zinc Air Power Sources for Military[2,500] 0190602709ANIGHT VISION TECHNOLOGY26,89326,893 0200602712ACOUNTERMINE SYSTEMS18,94518,945 0210602716AHUMAN FACTORS ENGINEERING TECHNOLOGY18,60533,605 LWI Training-Based Collaborative Research[15,000] 0220602720AENVIRONMENTAL QUALITY TECHNOLOGY15,90220,402 Cluster Bomb Unit & Combined Effects Munitions Demil System[1,000] SUNY Cobleskill Biowaste-to-Bioenergy Center[2,500] Renewable Energy Testing Center[1,000] 0230602782ACOMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY24,83324,833 0240602783ACOMPUTER AND SOFTWARE TECHNOLOGY5,6395,639 0250602784AMILITARY ENGINEERING TECHNOLOGY54,81859,818 Cellulose Nanocomposite Panels for Ballistic Protection[2,000] Geosciences Atmospheric Research[3,000] 0260602785AMANPOWER/PERSONNEL/TRAINING TECHNOLOGY18,70118,701 0270602786AWARFIGHTER TECHNOLOGY27,10929,609 Thermal resistant fiber research[2,500] 0280602787AMEDICAL TECHNOLOGY99,027134,527 Biomechanics research[3,500] Blast wave modeling[3,000] Hemorrhage research[3,000] Malaria vaccine development[2,500] Neurotrauma research[3,500] Secondary trauma research[2,500] Advanced Functional Nanomaterials for Biological Processes[2,500] Improving Soldier Recovery from Catastrophic Bone Injuries[4,000] Advanced Bio-Engineering for Enhancement of Soldier Survivability[3,000] Self-Powered Prosthetic Limb Technology[2,000] Human Organ and Tissue Preservation Technology[2,000] Optical Neural Techniques for Combat and Post Trauma Care[4,000] **SUBTOTAL, APPLIED RESEARCH, ARMY****781,197****914,397** **ADVANCED TECHNOLOGY DEVELOPMENT** 0290603001AWARFIGHTER ADVANCED TECHNOLOGY37,57445,874 High Pressure Pasteurization & Pressure Assisted Thermal Sterilization[4,300] Next Generation Precision Airdrop System[2,500] Onyx System Precision Guided Airdropped Equipment[1,500] 0300603002AMEDICAL ADVANCED TECHNOLOGY72,940124,240 Biosensor controller systems development[2,000] Body temperature conditioner systems[2,500] Gulf War illness research[12,000] Integrated medical technology program[7,500] Lower limb prosthetics research[2,000] Regenerative medical research[4,000] Proton Treatment and Research Center—Northern Illinois[2,000] Wounded Service Member Bioelectrics Research[1,500] Malaria Vaccine Development[5,000] Regenerative Medicine to Address Astute Hearing Loss[3,000] Multi-Dose Closed Loop pH Monitoring System for Platelets[1,000] Carbide-Derived Carbon for Treatment of Combat Related Sepsis[1,000]123 STAT. 2759 Clinical Technology Integration for Military Health[2,000] Institute for Simulation and Interprofessional Studies[5,800] 0310603003AAVIATION ADVANCED TECHNOLOGY60,09780,597 Advanced Affordable Turbine Engine Program[5,000] Robust Composite Structural Core for Army Helicopters[2,000] UH–60 Transmission/Gearbox Galvanic Corrosion Reduction[1,500] Drive System Composite Structural Component Risk Reduction Program[3,000] Universal Control—FADEC[9,000] 0320603004AWEAPONS AND MUNITIONS ADVANCED TECHNOLOGY66,41061,410 Electromagnetic gun[–11,500] Lethality research[6,500] 0330603005ACOMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY89,586174,986 Advanced APU development[2,000] Advanced battery development program[10,000] Advanced lithium ion battery systems[3,000] Advanced suspension systems for heavy vehicles[2,700] Advanced thermal management systems[3,000] Alternative energy research[20,000] Hybrid engine development program[4,000] Hybrid truck development[4,000] Smart plug-in hybrid electric vehicle program[4,100] Threat cue research[2,000] Unmanned ground vehicle initiative[12,000] Vehicle prognostics technologies[3,100] Unmanned Robotic System Utilizing Hydrocarbon Fueled Solid Oxide Fuel Cell[3,000] Advanced Composites for Light Weight, Low Cost Transportation Systems Using a 3+ Ring Extruder[3,000] Protective 3–D Armor Structure to Safeguard Military Vehicles and Troops[2,000] Fire Shield[2,000] Hydraulic Hybrid Vehicle
(HHV)for the Tactical Wheeled Fleet[3,500] Heavy Duty Hybrid Electric Vehicle[2,000] 0340603006ACOMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY8,66712,467 Applied Communications and Information Networking (ACIN)[3,800] 0350603007AMANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY7,4107,410 0360603008AELECTRONIC WARFARE ADVANCED TECHNOLOGY50,45850,458 0370603009ATRACTOR HIKE11,32811,328 0380603015ANEXT GENERATION TRAINING & SIMULATION SYSTEMS19,41524,915 Combat medic training systems[2,000] Joint Fires & Effects Trainer System enhancements[2,500] HapMed Combat Medic Trainer[1,000] 0390603020ATRACTOR ROSE14,56914,569 0400603103AEXPLOSIVES DEMILITARIZATION TECHNOLOGY2,000 Propellant Conversion to Fertilizer Program for Tooele Army Depot[2,000] 0410603105AMILITARY HIV RESEARCH6,6576,657 0420603125ACOMBATING TERRORISM, TECHNOLOGY DEVELOPMENT11,98911,989 0430603270AELECTRONIC WARFARE TECHNOLOGY19,19222,692 Laser systems for light aircraft missile defense[1,000] Advanced Ground Electronic Warfare & Signals Intelligence System[2,500] 0440603313AMISSILE AND ROCKET ADVANCED TECHNOLOGY63,95167,251 Discriminatory imaging research[2,500] Scenario Generation for Integrated Air and Missile Defense Evaluation[800] 0450603322ATRACTOR CAGE12,15412,154123 STAT. 2760 0460603606ALANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY30,31730,317 0470603607AJOINT SERVICE SMALL ARMS PROGRAM8,9968,996 0480603710ANIGHT VISION ADVANCED TECHNOLOGY40,32952,329 Bradley third generation FLIR[5,000] Buster/Blacklight UAV Development[1,000] Hyper Spectral Sensor for Improved Force Protection System[2,000] Brownout Situational Awareness[3,000] High Resolution Personal Miniature Thermal Viewer[1,000] 0490603728AENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS15,70615,706 0500603734AMILITARY ENGINEERING ADVANCED TECHNOLOGY5,91119,211 Permafrost tunnel[500] Photovoltaic technology development[2,000] PacCom Renewable Energy Security System[3,000] Field Deployable Hologram Production System[4,800] Demonstration of Thin Film Solar Modules as a Renewable Energy Source[1,000] Nanotechnology for Potable Water and Waste Treatment[2,000] 0510603772AADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY41,56145,061 Foliage Penetrating, Reconnaissance, Surveillance, Tracking, and Engagement Radar[2,000] Optimizing Natural Language Processing of Open Source Intelligence (OSINT)[1,500] **SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, ARMY****695,217****902,617** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0520603024AUNIQUE ITEM IDENTIFICATION
(UID)0530603305AARMY MISSILE DEFENSE SYSTEMS INTEGRATION(NON SPACE)14,68330,183 Biological Air Filtering System Technology[3,000] Compact Pulsed Power for Military Applications[4,000] Adaptive robotic technology[3,500] Advanced electronics integration[3,000] Advanced environmental controls[2,000] 0540603308AARMY MISSILE DEFENSE SYSTEMS INTEGRATION (SPACE)117,471117,471 0550603327AAIR AND MISSILE DEFENSE SYSTEMS ENGINEERING209,531160,531 Center for Defense Systems Research[1,000] Excessive Project Cost Growth—Integrated Air and Missile Defense[–50,000] 0560603460AJOINT AIR-TO-GROUND MISSILE
(JAGM)0570603619ALANDMINE WARFARE AND BARRIER—ADV DEV17,53617,536 0580603627ASMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV DEV4,9204,920 0590603639ATANK AND MEDIUM CALIBER AMMUNITION33,93433,934 0600603653AADVANCED TANK ARMAMENT SYSTEM (ATAS)90,29990,299 0610603747ASOLDIER SUPPORT AND SURVIVABILITY31,75231,752 0620603766ATACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV18,22818,228 0630603774ANIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 0640603779AENVIRONMENTAL QUALITY TECHNOLOGY4,7708,770 Cadmium Emissions Reduction—Letterkenny Army Depot[1,000] Vanadium Technology Program[3,000] 0650603782AWARFIGHTER INFORMATION NETWORK-TACTICAL180,673180,673 0660603790ANATO RESEARCH AND DEVELOPMENT5,0485,048 0670603801AAVIATION—ADV DEV8,5378,537 0680603804ALOGISTICS AND ENGINEER EQUIPMENT—ADV DEV56,37346,373 Premature JLTV program growth[–10,000] 0690603805ACOMBAT SERVICE SUPPORT CONTROL SYSTEM EVALUATION AND ANALYSIS9,8689,868123 STAT. 2761 0700603807AMEDICAL SYSTEMS—ADV DEV31,27531,275 0710603827ASOLDIER SYSTEMS—ADVANCED DEVELOPMENT71,83273,832 Acid Alkaline Direct Methanol Fuel Cell[2,000] 0720603850AINTEGRATED BROADCAST SERVICE1,4761,476 **SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, ARMY****908,206****870,706** **SYSTEM DEVELOPMENT & DEMONSTRATION** 0730604201AAIRCRAFT AVIONICS92,97792,977 0740604220AARMED, DEPLOYABLE HELOS65,51565,515 0750604270AELECTRONIC WARFARE DEVELOPMENT248,463248,463 0760604321AALL SOURCE ANALYSIS SYSTEM13,10713,107 0770604328ATRACTOR CAGE16,28616,286 0780604601AINFANTRY SUPPORT WEAPONS74,81478,814 Lightweight caliber .50 machine gun[4,000] 0790604604AMEDIUM TACTICAL VEHICLES5,6835,683 0800604609ASMOKE, OBSCURANT AND TARGET DEFEATING SYS-SDD978978 0810604622AFAMILY OF HEAVY TACTICAL VEHICLES7,4779,477 Heavy tactical vehicle development[2,000] 0820604633AAIR TRAFFIC CONTROL7,5787,578 0830604646ANON-LINE OF SIGHT LAUNCH SYSTEM88,66088,660 0840604647ANON-LINE OF SIGHT CANNON58,21631,216 Unjustified Termination Costs[–27,000] 0850604660AFCS MANNED GRD VEHICLES & COMMON GRD VEHICLE368,557184,557 Unjustified Termination Costs[–184,000] 0860604661AFCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT1,067,1911,067,191 0870604662AFCS RECONNAISSANCE
(UAV)PLATFORMS68,70168,701 0880604663AFCS UNMANNED GROUND VEHICLES125,616125,616 0890604664AFCS UNATTENDED GROUND SENSORS26,91926,919 0900604665AFCS SUSTAINMENT & TRAINING R&D749,182749,182 0910604666ASPIN OUT TECHNOLOGY/CAPABILITY INSERTION 0920604710ANIGHT VISION SYSTEMS—SDD55,41055,410 0930604713ACOMBAT FEEDING, CLOTHING, AND EQUIPMENT2,0922,092 0940604715ANON-SYSTEM TRAINING DEVICES—SDD30,20930,209 0950604741AAIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—SDD28,93628,936 0960604742ACONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT33,21333,213 0970604746AAUTOMATIC TEST EQUIPMENT DEVELOPMENT15,32015,320 0980604760ADISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—SDD15,72715,727 0990604778APOSITIONING SYSTEMS DEVELOPMENT (SPACE)9,4469,446 1000604780ACOMBINED ARMS TACTICAL TRAINER
(CATT)CORE26,24326,243 1010604783AJOINT NETWORK MANAGEMENT SYSTEM 1020604802AWEAPONS AND MUNITIONS—SDD34,87842,378 Common guidance control module[7,500] 1030604804ALOGISTICS AND ENGINEER EQUIPMENT—SDD36,01837,518 Autonomous Sustainment Cargo Container Sea Truck[1,500] 1040604805ACOMMAND, CONTROL, COMMUNICATIONS SYSTEMS—SDD88,99588,995 1050604807AMEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—SDD33,89334,693 Plasma Sterilizer[800] 1060604808ALANDMINE WARFARE/BARRIER—SDD82,26060,960 Program reduction[–21,300] 1070604814AARTILLERY MUNITIONS42,45242,452 1080604817ACOMBAT IDENTIFICATION20,07020,070 1090604818AARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE90,86490,864 1100604820ARADAR DEVELOPMENT 1110604822AGENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS)6,0026,002 1120604823AFIREFINDER20,33320,333 1130604827ASOLDIER SYSTEMS—WARRIOR DEM/VAL19,78619,786123 STAT. 2762 1140604854AARTILLERY SYSTEMS23,31881,534 Accelerate Paladin integration management[58,216] 1150604869APATRIOT/MEADS COMBINED AGGREGATE PROGRAM (CAP)569,182569,182 1160604870ANUCLEAR ARMS CONTROL MONITORING SENSOR NETWORK7,1407,140 1170605013AINFORMATION TECHNOLOGY DEVELOPMENT35,30966,109 Transfer from RDDW, line 117, for DIMHRS execution[30,800] 1180605450AJOINT AIR-TO-GROUND MISSILE (JAGM)127,439127,439 1190605625AMANNED GROUND VEHICLE100,000100,000 **SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, ARMY****4,640,455****4,512,971** **RDT&E MANAGEMENT SUPPORT** 1200604256ATHREAT SIMULATOR DEVELOPMENT22,22222,222 1210604258ATARGET SYSTEMS DEVELOPMENT13,61513,615 1220604759AMAJOR T&E INVESTMENT51,84651,846 1230605103ARAND ARROYO CENTER16,30518,305 Program Increase[2,000] 1240605301AARMY KWAJALEIN ATOLL163,514163,514 1250605326ACONCEPTS EXPERIMENTATION PROGRAM23,44523,445 1260605502ASMALL BUSINESS INNOVATIVE RESEARCH 1270605601AARMY TEST RANGES AND FACILITIES354,693354,693 1280605602AARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS72,91184,111 Common regional operational systems[3,000] Data fusion systems[2,500] Dugway field test improvements[4,500] MOTS All Sky Imager[1,200] 1290605604ASURVIVABILITY/LETHALITY ANALYSIS45,01645,016 1300605605ADOD HIGH ENERGY LASER TEST FACILITY2,8918,891 Program increase[6,000] 1310605606AAIRCRAFT CERTIFICATION3,7663,766 1320605702AMETEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES8,3918,391 1330605706AMATERIEL SYSTEMS ANALYSIS19,96919,969 1340605709AEXPLOITATION OF FOREIGN ITEMS5,4325,432 1350605712ASUPPORT OF OPERATIONAL TESTING77,87777,877 1360605716AARMY EVALUATION CENTER66,30966,309 1370605718AARMY MODELING & SIM X-CMD COLLABORATION & INTEG5,3575,357 1380605801APROGRAMWIDE ACTIVITIES77,82377,823 1390605803ATECHNICAL INFORMATION ACTIVITIES51,62051,620 1400605805AMUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY45,05347,053 3D woven preform technology for Army munitions[2,000] 1410605857AENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT5,1915,191 1420605898AMANAGEMENT HQ—R&D15,86615,866 1430909999AFINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS **SUBTOTAL, RDT&E MANAGEMENT SUPPORT, ARMY****1,149,112****1,170,312** **OPERATIONAL SYSTEMS DEVELOPMENT** 1440603778AMLRS PRODUCT IMPROVEMENT PROGRAM27,69327,693 1450603820AWEAPONS CAPABILITY MODIFICATIONS UAV 1460102419AAEROSTAT JOINT PROJECT OFFICE360,076340,076 Program delay reduction[–20,000] 1470203726AADV FIELD ARTILLERY TACTICAL DATA SYSTEM23,72726,227 AFATDS Voice Recognition and Cross Platform Speech Interface System[2,500] 1480203735ACOMBAT VEHICLE IMPROVEMENT PROGRAMS190,301190,301 1490203740AMANEUVER CONTROL SYSTEM21,39421,394 1500203744AAIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS209,401209,401123 STAT. 2763 1510203752AAIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM792792 1520203758ADIGITIZATION10,69210,692 1530203759AFORCE XXI BATTLE COMMAND, BRIGADE AND BELOW (FBCB2) 1540203801AMISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM39,27339,273 1550203802AOTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS5,000 Javelin Warhead Improvement Plan[5,000] 1560203808ATRACTOR CARD20,03520,035 1570208010AJOINT TACTICAL COMMUNICATIONS PROGRAM (TRI-TAC) 1580208053AJOINT TACTICAL GROUND SYSTEM13,25813,258 1590208058AJOINT HIGH SPEED VESSEL (JHSV)3,0823,082 1600301359ASPECIAL ARMY PROGRAM[ ][ ] 1610303028ASECURITY AND INTELLIGENCE ACTIVITIES2,1442,144 1620303140AINFORMATION SYSTEMS SECURITY PROGRAM74,35574,355 1630303141AGLOBAL COMBAT SUPPORT SYSTEM144,733144,733 1640303142ASATCOM GROUND ENVIRONMENT (SPACE)40,09740,097 1650303150AWWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM12,03412,034 1660303158AJOINT COMMAND AND CONTROL PROGRAM (JC2)20,36520,365 1670305204ATACTICAL UNMANNED AERIAL VEHICLES202,521202,521 1680305208ADISTRIBUTED COMMON GROUND/SURFACE SYSTEMS188,414190,714 Joint STARS Surveillance and Control Data Link
(SCDL)Technology Refresh[1,000] Adaptive Defense High-Speed IP Packet Inspection Engine on a Chip[1,300] 1690305287ABASE EXPED TARGETING SURVEILLANCE SYS-COMBINED 1700307207AAERIAL COMMON SENSOR (ACS)210,035210,035 1710702239AAVIONICS COMPONENT IMPROVEMENT PROGRAM 1720708045AEND ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES68,46671,966 Smart machine platform initiative[2,000] Weapon systems repair technologies[1,500] 9999999999OTHER PROGRAMS3,8833,883 **SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, ARMY****1,886,771****1,880,071** **TOTAL, RDT&E ARMY****10,438,218****10,638,534** **RESEARCH, DEVELOPMENT, TEST & EVALUATION, NAVY** **BASIC RESEARCH** 0010601103NUNIVERSITY RESEARCH INITIATIVES99,47299,472 0020601152NIN-HOUSE LABORATORY INDEPENDENT RESEARCH18,07618,076 0030601153NDEFENSE RESEARCH SCIENCES413,743416,243 Nanoelectronics, Nanometrology, and Nanobiology Initiative[2,500] **SUBTOTAL, BASIC RESEARCH, NAVY****531,291****533,791** **APPLIED RESEARCH** 0040602114NPOWER PROJECTION APPLIED RESEARCH59,78764,787 Energetics research[3,000] Multifunctional Materials, their Applications and Devices[2,000] 0050602123NFORCE PROTECTION APPLIED RESEARCH91,400124,400 Alternative energy research[20,000] Energy systems integration research[4,000] Port security technologies[2,000] Design Optimization of Composite High-Speed Boats Using Advanced Composite and Manufacturing and Non-destructive Evaluation[2,000]123 STAT. 2764 Lithium Ion Storage Advancement for Aircraft Applications[2,500] Non-Traditional Weaving Applications for Aramid Ballistic Fibers and Fabrics[2,500] 0060602131MMARINE CORPS LANDING FORCE TECHNOLOGY39,30839,308 0070602234NMATERIALS, ELECTRONICS AND COMPUTER TECHNOLOGY 0080602235NCOMMON PICTURE APPLIED RESEARCH83,16383,163 0090602236NWARFIGHTER SUSTAINMENT APPLIED RESEARCH104,169107,169 Anti-reverse engineering technologies[1,000] Managing and Extending DOD Asset Lifecycles (MEDAL)[2,000] 0100602271NELECTROMAGNETIC SYSTEMS APPLIED RESEARCH64,81664,816 0110602435NOCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH48,75051,750 Advanced UUV research[1,000] Laser underwater imaging and communications research[2,000] 0120602651MJOINT NON-LETHAL WEAPONS APPLIED RESEARCH6,0086,008 0130602747NUNDERSEA WARFARE APPLIED RESEARCH55,69455,694 0140602782NMINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH40,88042,880 Electromagnetic signature assessment system[2,000] **SUBTOTAL, APPLIED RESEARCH, NAVY****593,975****639,975** **ADVANCED TECHNOLOGY DEVELOPMENT** 0150603114NPOWER PROJECTION ADVANCED TECHNOLOGY107,969116,369 Countermine Lidar UAV-Based System (CLUBS)[2,000] Detection, Tracking, and Identification for ISRTE of Mobile Asymmetric Targets[2,500] Quiet Drive Advanced Rotary Actuator[2,000] Tactical High Speed Anti-Radiation Missile Demonstration[1,900] 0160603123NFORCE PROTECTION ADVANCED TECHNOLOGY66,03578,035 Advance coatings for aviation components[2,000] Single generator operations lithium ion battery[5,000] High-Temperature Radar Dome Materials[2,000] Pure Hydrogen Supply from Logistic Fuels[3,000] 0170603235NCOMMON PICTURE ADVANCED TECHNOLOGY108,39449,294 High-integrity GPS[–59,100] 0180603236NWARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY86,23986,239 0190603271NELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY65,82765,827 0200603640MUSMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD)107,363112,363 Acoustic combat sensors[5,000] 0210603651MJOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT10,99810,998 0220603729NWARFIGHTER PROTECTION ADVANCED TECHNOLOGY18,60921,109 Navy Special Warfare Performance and Injury Prevention Program for SBT 22 at Stennis Space Center[2,500] 0230603747NUNDERSEA WARFARE ADVANCED TECHNOLOGY68,03768,037 0240603758NNAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS52,64352,643 0250603782NMINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY28,78228,782 **SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, NAVY****720,896****689,696** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0260603207NAIR/OCEAN TACTICAL APPLICATIONS116,082117,482 Semi-submersible for UUV sensor developments[1,400] 0270603216NAVIATION SURVIVABILITY6,5059,505123 STAT. 2765 Lighter Than Air Stratospheric UAV for Persistant Communications Relay and Surveillance[3,000] 0280603237NDEPLOYABLE JOINT COMMAND AND CONTROL6,0326,032 0290603254NASW SYSTEMS DEVELOPMENT16,58520,585 Sonobuoy wave energy module[1,000] Marine Mammal Awareness, Alert, and Response Systems[3,000] 0300603261NTACTICAL AIRBORNE RECONNAISSANCE7,7137,713 0310603382NADVANCED COMBAT SYSTEMS TECHNOLOGY1,6771,677 0320603502NSURFACE AND SHALLOW WATER MINE COUNTERMEASURES76,73976,739 0330603506NSURFACE SHIP TORPEDO DEFENSE57,53862,038 Continuous Active Sonar for Torpedo Systems[4,500] 0340603512NCARRIER SYSTEMS DEVELOPMENT173,594173,594 0350603513NSHIPBOARD SYSTEM COMPONENT DEVELOPMENT1,69118,791 DDG–51 hybrid propulsion system[8,100] Advanced Steam Turbine[4,000] Next Generation Shipboard Intergrated Power: Fuel Efficiency and Advanced Capability Enhancer[5,000] 0360603525NPILOT FISH79,19479,194 0370603527NRETRACT LARCH99,75799,757 0380603536NRETRACT JUNIPER120,752120,752 0390603542NRADIOLOGICAL CONTROL1,3721,372 0400603553NSURFACE ASW21,99521,995 0410603561NADVANCED SUBMARINE SYSTEM DEVELOPMENT551,836553,836 Submarine Fatline Vector Sensor Towed Array[2,000] 0420603562NSUBMARINE TACTICAL WARFARE SYSTEMS10,17210,172 0430603563NSHIP CONCEPT ADVANCED DESIGN22,54122,541 0440603564NSHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES28,13532,135 Support for Naval Ship Hydrodynamics Test Facilities[4,000] 0450603570NADVANCED NUCLEAR POWER SYSTEMS259,887259,887 0460603573NADVANCED SURFACE MACHINERY SYSTEMS5,5999,099 High Denstiy Power Conversion and Distribution Equipment[1,500] Hybrid Electric Drive[2,000] 0470603576NCHALK EAGLE443,555443,555 0480603581NLITTORAL COMBAT SHIP (LCS)360,518360,518 0490603582NCOMBAT SYSTEM INTEGRATION22,55822,558 0500603609NCONVENTIONAL MUNITIONS3,4583,458 0510603611MMARINE CORPS ASSAULT VEHICLES293,466293,466 0520603612MUSMC MINE COUNTERMEASURES SYSTEMS—ADV DEV 0530603635MMARINE CORPS GROUND COMBAT/SUPPORT SYSTEM73,79861,798 Premature JLTV program growth[–12,000] 0540603654NJOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT21,05421,054 0550603658NCOOPERATIVE ENGAGEMENT56,58656,586 0560603713NOCEAN ENGINEERING TECHNOLOGY DEVELOPMENT17,32817,328 0570603721NENVIRONMENTAL PROTECTION20,66120,661 0580603724NNAVY ENERGY PROGRAM8,47616,226 Molten carbonate fuel cell demonstrator[3,000] Solar heat reflective film development[4,750] 0590603725NFACILITIES IMPROVEMENT4,0029,602 Wave Energy Powerbuoy Generating System[2,400] Photovoltaic Rooftop Systems—Navy[1,500] Regenerative Fuel Cell Back-Up Power[1,700] 0600603734NCHALK CORAL70,77270,772 0610603739NNAVY LOGISTIC PRODUCTIVITY4,3016,301 Highly integrated optical interconnects for advanced air vehicles[1,000] RFID technology exploitation[1,000] 0620603746NRETRACT MAPLE210,237210,237 0630603748NLINK PLUMERIA69,31369,313 0640603751NRETRACT ELM152,151152,151 0650603755NSHIP SELF DEFENSE6,9606,960 0660603764NLINK EVERGREEN123,660123,660 0670603787NSPECIAL PROCESSES54,11554,115123 STAT. 2766 0680603790NNATO RESEARCH AND DEVELOPMENT10,19410,194 0690603795NLAND ATTACK TECHNOLOGY1,2381,238 0700603851MNONLETHAL WEAPONS46,97146,971 0710603860NJOINT PRECISION APPROACH AND LANDING SYSTEMS150,304150,304 0720603879NSINGLE INTEGRATED AIR PICTURE
(SIAP)SYSTEM ENGINEER (SE)52,71652,716 0730603889NCOUNTERDRUG RDT&E PROJECTS 0740603925NDIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS5,0037,003 Joint Technology Insertion & Accelerated System Intergration Capability for Electronic Warfare[2,000] 0750604272NTACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM)63,70263,702 0760604450NJOINT AIR-TO-GROUND MISSILE
(JAGM)0770604653NJOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW)67,84367,843 0780604659NPRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM40,92640,926 0790604707NSPACE AND ELECTRONIC WARFARE
(SEW)ARCHITECTURE/ENGINEERING SUPPORT42,53342,533 **SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, NAVY****4,163,795****4,208,645** **SYSTEM DEVELOPMENT & DEMONSTRATION** 0800604212NOTHER HELO DEVELOPMENT54,09254,092 0810604214NAV–8B AIRCRAFT—ENG DEV20,88620,886 0820604215NSTANDARDS DEVELOPMENT53,54055,540 Measurement Standards Research and Development[2,000] 0830604216NMULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT81,95386,653 USN MH–60S "Close the Lethality Gap" M230 Pylon Qualification[4,700] 0840604218NAIR/OCEAN EQUIPMENT ENGINEERING7,4857,485 0850604221NP–3 MODERNIZATION PROGRAM3,6593,659 0860604230NWARFARE SUPPORT SYSTEM6,3076,307 0870604231NTACTICAL COMMAND SYSTEM86,46286,462 0880604234NADVANCED HAWKEYE364,557364,557 0890604245NH–1 UPGRADES32,83032,830 0900604261NACOUSTIC SEARCH SENSORS56,36956,369 0910604262NV–22A89,51289,512 0920604264NAIR CREW SYSTEMS DEVELOPMENT14,26514,265 0930604269NEA–1855,44655,446 0940604270NELECTRONIC WARFARE DEVELOPMENT97,63597,635 0950604273NVH–71A EXECUTIVE HELO DEVELOPMENT85,24085,240 0960604274NNEXT GENERATION JAMMER (NGJ)127,970127,970 0970604280NJOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY)876,374876,374 0980604300NSC–21 TOTAL SHIP SYSTEM ENGINEERING 0990604307NSURFACE COMBATANT COMBAT SYSTEM ENGINEERING178,459180,459 Surface Ship Advanced Capability Build[2,000] 1000604311NLPD–17 CLASS SYSTEMS INTEGRATION5,3045,304 1010604329NSMALL DIAMETER BOMB (SDB)43,90243,902 1020604366NSTANDARD MISSILE IMPROVEMENTS182,197182,197 1030604373NAIRBORNE MCM48,71248,712 1040604378NNAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING11,72711,727 1050604501NADVANCED ABOVE WATER SENSORS236,078251,078 Mobile maritime sensor technology development[15,000] 1060604503NSSN–688 AND TRIDENT MODERNIZATION122,733122,733 1070604504NAIR CONTROL6,5336,533 1080604512NSHIPBOARD AVIATION SYSTEMS80,62380,623 1090604518NCOMBAT INFORMATION CENTER CONVERSION13,30513,305 1100604558NNEW DESIGN SSN154,756162,756 Common command & control system module[6,000]123 STAT. 2767 Mold-in-Place Coating for Development of U.S. Submarine Fleet[2,000] 1110604561NSSN–21 DEVELOPMENTS 1120604562NSUBMARINE TACTICAL WARFARE SYSTEM59,70369,703 Artificial Intelligence-based combat system kernel[4,000] Submarine environment for evaluation & development[3,000] Weapon acquisition & firing system[3,000] 1130604567NSHIP CONTRACT DESIGN/LIVE FIRE T&E89,98892,488 Automated Fiber Optic Manufacturing Initiative for Navy Ships[2,500] 1140604574NNAVY TACTICAL COMPUTER RESOURCES4,6204,620 1150604601NMINE DEVELOPMENT2,2492,249 1160604610NLIGHTWEIGHT TORPEDO DEVELOPMENT21,10521,105 1170604654NJOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT10,32710,327 1180604703NPERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS5,8985,898 1190604727NJOINT STANDOFF WEAPON SYSTEMS10,02210,022 1200604755NSHIP SELF DEFENSE (DETECT & CONTROL)35,45938,459 AUSV[3,000] 1210604756NSHIP SELF DEFENSE (ENGAGE: HARD KILL)34,23646,236 Phalanx Next Generation[12,000] 1220604757NSHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW)88,89588,895 1230604761NINTELLIGENCE ENGINEERING14,43814,438 1240604771NMEDICAL DEVELOPMENT9,88823,488 Composite tissue transplantation research[2,000] Custom body implant development[2,000] Multivalent dengue vaccine program[1,600] Orthopedic surgery instrumentation[3,000] U.S. Navy Vaccine Program[3,000] U.S. Navy Pandemic Influenza Vaccine Program: Enhancement of Influenza Vaccine Efficacy[2,000] 1250604777NNAVIGATION/ID SYSTEM63,18463,184 1260604784NDISTRIBUTED SURVEILLANCE SYSTEM 1270604800NJOINT STRIKE FIGHTER (JSF)1,741,2961,956,296 F136 Development[215,000] 1280605013MINFORMATION TECHNOLOGY DEVELOPMENT9,8689,868 1290605013NINFORMATION TECHNOLOGY DEVELOPMENT69,02677,126 Information systems research[4,000] Integrated network-centric technology systems[2,600] Maintenance Planning and Assessment Technology
(MPAT)Insertion[1,500] 1300605212NCH–53K RDTE554,827554,827 1310605430NC/KC–130 AVIONICS MODERNIZATION PROGRAM
(AMP)1320605450NJOINT AIR-TO-GROUND MISSILE (JAGM)81,43481,434 1330605500NMULTI-MISSION MARITIME AIRCRAFT (MMA)1,162,4171,162,417 1340204201NCG(X)150,022110,022 Program delay[–40,000] 1350204202NDDG–1000539,053539,053 1360304785NTACTICAL CRYPTOLOGIC SYSTEMS19,01619,016 **SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION, NAVY****7,975,882****8,231,782** **RDT&E MANAGEMENT SUPPORT** 1370604256NTHREAT SIMULATOR DEVELOPMENT25,53425,534 1380604258NTARGET SYSTEMS DEVELOPMENT79,60379,603 1390604759NMAJOR T&E INVESTMENT44,84449,844 Aviation enterprise interoperability upgrades[5,000] 1400605152NSTUDIES AND ANALYSIS SUPPORT—NAVY11,42211,422 1410605154NCENTER FOR NAVAL ANALYSES49,82149,821 1420605502NSMALL BUSINESS INNOVATIVE RESEARCH 1430605804NTECHNICAL INFORMATION SERVICES7353,235 Center for Commercialization of Advanced Technology[2,500] 1440605853NMANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT60,59060,590123 STAT. 2768 1450605856NSTRATEGIC TECHNICAL SUPPORT3,6333,633 1460605861NRDT&E SCIENCE AND TECHNOLOGY MANAGEMENT70,94270,942 1470605862NRDT&E INSTRUMENTATION MODERNIZATION 1480605863NRDT&E SHIP AND AIRCRAFT SUPPORT193,353193,353 1490605864NTEST AND EVALUATION SUPPORT380,733380,733 1500605865NOPERATIONAL TEST AND EVALUATION CAPABILITY12,01012,010 1510605866NNAVY SPACE AND ELECTRONIC WARFARE
(SEW)SUPPORT2,7032,703 1520605867NSEW SURVEILLANCE/RECONNAISSANCE SUPPORT20,92120,921 1530605873MMARINE CORPS PROGRAM WIDE SUPPORT19,00419,004 1540305885NTACTICAL CRYPTOLOGIC ACTIVITIES2,4642,464 1550804758NSERVICE SUPPORT TO JFCOM, JNTC4,1974,197 1560909999NFINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS **SUBTOTAL, RDT&E MANAGEMENT SUPPORT, NAVY****982,509****990,009** **OPERATIONAL SYSTEMS DEVELOPMENT** 1580604227NHARPOON MODIFICATIONS 1590604402NUNMANNED COMBAT AIR VEHICLE
(UCAV)ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT311,204311,204 1600101221NSTRATEGIC SUB & WEAPONS SYSTEM SUPPORT74,93976,109 Advanced LINAC Facility[1,170] 1610101224NSSBN SECURITY TECHNOLOGY PROGRAM34,47934,479 1620101226NSUBMARINE ACOUSTIC WARFARE DEVELOPMENT7,2117,211 1630101402NNAVY STRATEGIC COMMUNICATIONS43,98246,982 E–6B Strategic Communications Upgrade Block 1A (VLF-TX & HPTS)[3,000] 1640203761NRAPID TECHNOLOGY TRANSITION (RTT)39,12539,125 1650204136NF/A–18 SQUADRONS127,733127,733 1660204152NE–2 SQUADRONS63,05863,058 1670204163NFLEET TELECOMMUNICATIONS (TACTICAL)37,43137,431 1680204229NTOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC)13,23813,238 1690204311NINTEGRATED SURVEILLANCE SYSTEM24,83524,835 1700204413NAMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT)2,3242,324 1710204571NCONSOLIDATED TRAINING SYSTEMS DEVELOPMENT49,29349,293 1720204574NCRYPTOLOGIC DIRECT SUPPORT1,6091,609 1730204575NELECTRONIC WARFARE
(EW)READINESS SUPPORT37,52437,524 1740205601NHARM IMPROVEMENT30,04530,045 1750205604NTACTICAL DATA LINKS25,00325,003 1760205620NSURFACE ASW COMBAT SYSTEM INTEGRATION41,80341,803 1770205632NMK–48 ADCAP28,43828,438 1780205633NAVIATION IMPROVEMENTS135,840123,349 F135 engine funding ahead of need[–12,491] 1790205658NNAVY SCIENCE ASSISTANCE PROGRAM3,7163,716 1800205675NOPERATIONAL NUCLEAR POWER SYSTEMS72,03172,031 1810206313MMARINE CORPS COMMUNICATIONS SYSTEMS287,348287,348 1820206623MMARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS120,379124,379 Expandable rigid wall composite shelters[1,000] Marine personnel carrier support system[3,000] 1830206624MMARINE CORPS COMBAT SERVICES SUPPORT17,05718,057 High performance capabilities for military vehicles[1,000] 1840206625MUSMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP)30,16730,167 1850207161NTACTICAL AIM MISSILES2,2982,298 1860207163NADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM)3,6043,604 1870208058NJOINT HIGH SPEED VESSEL (JHSV)8,4318,431 1880301303NMARITIME INTELLIGENCE[ ][ ] 1890301323NCOLLECTION MANAGEMENT[ ][ ] 1900301327NTECHNICAL RECONNAISSANCE AND SURVEILLANCE[ ][ ] 1910301372NCYBER SECURITY INITIATIVE—GDIP[ ][ ]123 STAT. 2769 1920303109NSATELLITE COMMUNICATIONS (SPACE)474,009474,009 1930303138NCONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES)45,51345,513 1940303140NINFORMATION SYSTEMS SECURITY PROGRAM24,22624,226 1950303158MJOINT COMMAND AND CONTROL PROGRAM (JC2)2,4532,453 1960303158NJOINT COMMAND AND CONTROL PROGRAM (JC2)4,1394,139 1970305149NCOBRA JUDY62,06162,061 1980305160NNAVY METEOROLOGICAL AND OCEAN SENSORS-SPACE (METOC)28,09428,094 1990305192NMILITARY INTELLIGENCE PROGRAM
(MIP)ACTIVITIES4,6004,600 2000305204NTACTICAL UNMANNED AERIAL VEHICLES8,9718,971 2010305205NENDURANCE UNMANNED AERIAL VEHICLES 2020305206NAIRBORNE RECONNAISSANCE SYSTEMS46,20846,208 2030305207NMANNED RECONNAISSANCE SYSTEMS22,59922,599 2040305208NDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS18,07918,079 2050305220NRQ–4 UAV465,839465,839 2060305231NMQ–8 UAV25,63925,639 2070305232MRQ–11 UAV553553 2080305233NRQ–7 UAV986986 2090305234MSMALL (LEVEL 0) TACTICAL UAS (STUASL0)18,76318,763 2100305234NSMALL (LEVEL 0) TACTICAL UAS (STUASL0)23,59423,594 2110307207NAERIAL COMMON SENSOR
(ACS)2120307217NEP–3E REPLACEMENT (EPX)11,97611,976 2130308601NMODELING AND SIMULATION SUPPORT8,0288,028 2140702207NDEPOT MAINTENANCE (NON-IF)14,67514,675 2150702239NAVIONICS COMPONENT IMPROVEMENT PROGRAM2,7252,725 2160708011NINDUSTRIAL PREPAREDNESS56,69166,691 Integrated manufacturing enterprise[5,000] Life extension of weapon system structures research[2,500] Laser Optimization Remote Lighting Systems[2,500] 2170708730NMARITIME TECHNOLOGY (MARITECH)4,000 National Shipbuilding Research Program[4,000] 9999999999OTHER PROGRAMS1,258,0181,258,018 **SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, RDT&E****4,302,584****4,313,263** **TOTAL, RDT&E NAVY****19,270,932****19,607,161** **RESEARCH, DEVELOPMENT, TEST & EVALUATION, AIR FORCE** **BASIC RESEARCH** 0010601102FDEFENSE RESEARCH SCIENCES321,028322,028 Coal transformation research[1,000] 0020601103FUNIVERSITY RESEARCH INITIATIVES132,249138,449 Cybersecurity for control networks research[1,700] End-user software safeguard research[2,000] Informatics research[1,000] Information security research[1,500] 0030601108FHIGH ENERGY LASER RESEARCH INITIATIVES12,83412,834 0040301555FCLASSIFIED PROGRAMS[ ][ ] 0050301556FSPECIAL PROGRAM[ ][ ] **SUBTOTAL, BASIC RESEARCH, AIR FORCE****466,111****473,311** **APPLIED RESEARCH** 0060602015FMEDICAL DEVELOPMENT 0070602102FMATERIALS127,957136,957 Advanced aerospace heat exchangers[3,000] Energy and automation technologies[2,000] Energy efficiency, recovery, and generation systems[1,000] Health monitoring sensors for aerospace components[2,000] Mid-infrared laser source research[1,000] 0080602201FAEROSPACE VEHICLE TECHNOLOGIES127,129136,529123 STAT. 2770 Unmanned aerial system collaboration technologies[2,500] UAV Sensor and Maintenance Development[4,900] Unmanned Sense, Track, and Avoid Radar[2,000] 0090602202FHUMAN EFFECTIVENESS APPLIED RESEARCH85,12285,122 0100602203FAEROSPACE PROPULSION196,529210,029 Hybrid bearing development[1,000] Integrated electrical starter/generator systems[2,000] Lithium ion technologies for aviation batteries[1,500] Thermally efficient engine pumping system[2,000] Advanced Lithium Battery Scale-Up and Manufacturing[2,000] Advanced Vehicle Propulsion Center (AVPC)[3,000] Multi-Mode Propulsion Phase IIA: High Performance Green Propellant[2,000] 0110602204FAEROSPACE SENSORS121,768126,568 Net-Centric Sensor Grids[3,000] Information Quality Tools for Persistent Survelliance Data Sets[1,800] 0120602601FSPACE TECHNOLOGY104,148113,248 Reconfigurable electronics research[1,000] Seismic research program[5,000] Advanced Modular Avionics for ORS Use[3,100] 0130602602FCONVENTIONAL MUNITIONS58,28958,289 0140602605FDIRECTED ENERGY TECHNOLOGY105,677101,427 Chemical laser technology[–4,250] 0150602702FCOMMAND CONTROL AND COMMUNICATIONS 0160602788FDOMINANT INFORMATION SCIENCES AND METHODS115,278115,278 0170602890FHIGH ENERGY LASER RESEARCH52,75448,654 Advanced deformable mirrors for high energy laser weapons[2,000] Chemical laser technology[–6,100] **SUBTOTAL, APPLIED RESEARCH, AIR FORCE****1,094,651****1,132,101** **ADVANCED TECHNOLOGY DEVELOPMENT** 0180603112FADVANCED MATERIALS FOR WEAPON SYSTEMS37,90154,201 Sewage-derived biofuels program[4,800] Metals Affordability Initiative[10,000] Rapid Automated Processing of Advances Low Observables[1,500] 0190603199FSUSTAINMENT SCIENCE AND TECHNOLOGY (S&T)2,9552,955 0200603203FADVANCED AEROSPACE SENSORS51,48253,482 Reconfigurable secure computing technologies[2,000] 0210603211FAEROSPACE TECHNOLOGY DEV/DEMO76,84481,844 Long Loiter, Load Bearing Antenna Platform for Pervasive Airborne Intelligence[5,000] 0220603216FAEROSPACE PROPULSION AND POWER TECHNOLOGY175,676198,676 Alternative energy research[20,000] Silicon carbide power electronics research[3,000] 0230603231FCREW SYSTEMS AND PERSONNEL PROTECTION TECHNOLOGY 0240603270FELECTRONIC COMBAT TECHNOLOGY31,02131,021 0250603401FADVANCED SPACECRAFT TECHNOLOGY83,90986,909 Small Responsive Spacecraft at Low-Cost (SRSL)[3,000] 0260603444FMAUI SPACE SURVEILLANCE SYSTEM (MSSS)5,8135,813 0270603456FHUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT24,56524,565 0280603601FCONVENTIONAL WEAPONS TECHNOLOGY14,35614,356 0290603605FADVANCED WEAPONS TECHNOLOGY30,05630,056 0300603680FMANUFACTURING TECHNOLOGY PROGRAM39,91345,163 Next generation casting initiative[3,250] Production of Nanocomposites for Aerospace Applications[2,000] 0310603788FBATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION39,70846,208 Optical interconnects research[2,500] Cyber Attack and Security Environment[4,000] 0320603789FC3I ADVANCED DEVELOPMENT123 STAT. 2771 0330603924FHIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM3,8313,831 **SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, AIR FORCE****618,030****679,080** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0340603260FINTELLIGENCE ADVANCED DEVELOPMENT5,0095,009 0350603287FPHYSICAL SECURITY EQUIPMENT3,6233,623 0360603421FNAVSTAR GLOBAL POSITIONING SYSTEM III 0370603423FGLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 0380603430FADVANCED EHF MILSATCOM (SPACE)464,335464,335 0390603432FPOLAR MILSATCOM (SPACE)253,150253,150 0400603438FSPACE CONTROL TECHNOLOGY97,701102,701 Space situational awareness[5,000] 0410603742FCOMBAT IDENTIFICATION TECHNOLOGY27,25227,252 0420603790FNATO RESEARCH AND DEVELOPMENT4,3514,351 0430603791FINTERNATIONAL SPACE COOPERATIVE R&D632632 0440603845FTRANSFORMATIONAL SATCOM
(TSAT)0450603850FINTEGRATED BROADCAST SERVICE20,73920,739 0460603851FINTERCONTINENTAL BALLISTIC MISSILE66,07966,079 0470603854FWIDEBAND GLOBAL SATCOM RDT&E (SPACE)70,95670,956 0480603859FPOLLUTION PREVENTION2,8962,896 0490603860FJOINT PRECISION APPROACH AND LANDING SYSTEMS23,17423,174 0500604015FNEXT GENERATION BOMBER 0510604283FBATTLE MGMT COM & CTRL SENSOR DEVELOPMENT22,61222,612 0520604327FHARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM20,89120,891 0530604330FJOINT DUAL ROLE AIR DOMINANCE MISSILE6,8826,882 0540604337FREQUIREMENTS ANALYSIS AND MATURATION35,53335,533 0550604635FGROUND ATTACK WEAPONS FUZE DEVELOPMENT18,77818,778 0560604796FALTERNATIVE FUELS89,02091,020 Advanced Propulsion Non-Tactical Vehicle[2,000] 0570604830FAUTOMATED AIR-TO-AIR REFUELING43,15843,158 0580604856FCOMMON AERO VEHICLE
(CAV)0590604857FOPERATIONALLY RESPONSIVE SPACE112,861112,861 0600604858FTECH TRANSITION PROGRAM9,6119,611 0610305178FNATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM (NPOESS)396,641396,641 061a604xxxxFNEXT GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT50,000 Next generation MILSATCOM technology development[50,000] **SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, AIR FORCE****1,795,884****1,852,884** **SYSTEM DEVELOPMENT & DEMONSTRATION** 0620603840FGLOBAL BROADCAST SERVICE (GBS)31,12431,124 0630604222FNUCLEAR WEAPONS SUPPORT37,86037,860 0640604226FB–1B 0650604233FSPECIALIZED UNDERGRADUATE FLIGHT TRAINING6,2276,227 0660604240FB–2 ADVANCED TECHNOLOGY BOMBER12,000 Advanced Data Link[12,000] 0670604261FPERSONNEL RECOVERY SYSTEMS 0680604270FELECTRONIC WARFARE DEVELOPMENT97,27597,275 0690604281FTACTICAL DATA NETWORKS ENTERPRISE88,44488,444 0700604287FPHYSICAL SECURITY EQUIPMENT5050 0710604329FSMALL DIAMETER BOMB (SDB)153,815153,815 0720604421FCOUNTERSPACE SYSTEMS64,24864,248 0730604425FSPACE SITUATION AWARENESS SYSTEMS308,134271,434 SBSS follow-on—program delay[–36,700] 0740604429FAIRBORNE ELECTRONIC ATTACK11,10711,107 0750604441FSPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD512,642512,642123 STAT. 2772 0760604443FTHIRD GENERATION INFRARED SURVEILLANCE (3GIRS)143,169143,169 0770604602FARMAMENT/ORDNANCE DEVELOPMENT18,67118,671 0780604604FSUBMUNITIONS1,7841,784 0790604617FAGILE COMBAT SUPPORT11,26112,261 Backpack Medical Oxygen System[1,000] 0800604706FLIFE SUPPORT SYSTEMS10,71113,111 ACES 5 Ejection Seat[2,400] 0810604735FCOMBAT TRAINING RANGES29,71829,718 0820604740FINTEGRATED COMMAND & CONTROL APPLICATIONS (IC2A)104,010 Distributed Mission Interoperability Toolkit (DMIT)[4,000] 0830604750FINTELLIGENCE EQUIPMENT1,4951,495 0840604800FJOINT STRIKE FIGHTER (JSF)1,858,0552,073,055 F136 Engine Development[215,000] 0850604851FINTERCONTINENTAL BALLISTIC MISSILE60,01060,010 0860604853FEVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)26,54526,545 0870605011FRDT&E FOR AGING AIRCRAFT 0880605221FNEXT GENERATION AERIAL REFUELING AIRCRAFT439,615439,615 0890605277FCSAR-X RDT&E89,9750 Use available prior year funds[–89,975] 0900605278FHC/MC–130 RECAP RDT&E20,58220,582 0910605452FJOINT SIAP EXECUTIVE PROGRAM OFFICE34,87734,877 0920207434FLINK–16 SUPPORT AND SUSTAINMENT 0930207450FE–10 SQUADRONS 0940207451FSINGLE INTEGRATED AIR PICTURE (SIAP)13,46613,466 0950207701FFULL COMBAT MISSION TRAINING99,80799,807 0960305176FCOMBAT SURVIVOR EVADER LOCATOR 0970401138FJOINT CARGO AIRCRAFT (JCA)9,3539,353 0980401318FCV–2219,64019,640 0990401845FAIRBORNE SENIOR LEADER C3 (SLC3S)20,05620,056 **SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, AIR FORCE****4,219,726****4,327,451** **RDT&E MANAGEMENT SUPPORT** 1000604256FTHREAT SIMULATOR DEVELOPMENT27,78927,789 1010604759FMAJOR T&E INVESTMENT60,82468,324 Holloman High Speed Test Track[5,000] Eglin AFB Range Operations Control Center[2,500] 1020605101FRAND PROJECT AIR FORCE27,50127,501 1030605502FSMALL BUSINESS INNOVATION RESEARCH 1040605712FINITIAL OPERATIONAL TEST & EVALUATION25,83325,833 1050605807FTEST AND EVALUATION SUPPORT736,488755,788 Program increase[19,300] 1060605860FROCKET SYSTEMS LAUNCH PROGRAM (SPACE)14,63714,637 1070605864FSPACE TEST PROGRAM (STP)47,21547,215 1080605976FFACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT52,40952,409 1090605978FFACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT29,68329,683 1100702806FACQUISITION AND MANAGEMENT SUPPORT18,94718,947 1110804731FGENERAL SKILL TRAINING1,4501,450 1120909999FFINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 1131001004FINTERNATIONAL ACTIVITIES3,7483,748 **SUBTOTAL, RDT&E MANAGEMENT SUPPORT, AIR FORCE****1,046,524****1,073,324** **OPERATIONAL SYSTEMS DEVELOPMENT** 1140604263FCOMMON VERTICAL LIFT SUPPORT PLATFORM9,5139,513 1150605024FANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY47,27647,276 1160605798FANALYSIS SUPPORT GROUP[ ][ ] 1170101113FB–52 SQUADRONS93,93093,930 1180101122FAIR-LAUNCHED CRUISE MISSILE (ALCM)3,6523,652123 STAT. 2773 1190101126FB–1B SQUADRONS148,025177,025 Transferred from APAF Line 28[29,000] 1200101127FB–2 SQUADRONS415,414415,414 1210101313FSTRAT WAR PLANNING SYSTEM—USSTRATCOM33,83633,836 1220101314FNIGHT FIST—USSTRATCOM5,3285,328 1230101815FADVANCED STRATEGIC PROGRAMS[ ][ ] 1240102325FATMOSPHERIC EARLY WARNING SYSTEM9,8329,832 1250102326FREGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM25,73425,734 1260102823FSTRATEGIC AEROSPACE INTELLIGENCE SYSTEM ACTIVITIES1818 1270203761FWARFIGHTER RAPID ACQUISITION PROCESS
(WRAP)RAPID TRANSITION FUND11,99611,996 1280205219FMQ–9 UAV39,24539,245 1290207040FMULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT14,74714,747 1300207131FA–10 SQUADRONS9,6979,697 1310207133FF–16 SQUADRONS141,020141,020 1320207134FF–15E SQUADRONS311,167312,167 Corrosion Detection and Visualization Program[1,000] 1330207136FMANNED DESTRUCTIVE SUPPRESSION10,74810,748 1340207138FF–22A SQUADRONS569,345569,345 1350207161FTACTICAL AIM MISSILES5,9155,915 1360207163FADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM)49,97149,971 1370207170FJOINT HELMET MOUNTED CUEING SYSTEM (JHMCS)2,5292,529 1380207227FCOMBAT RESCUE—PARARESCUE2,9502,950 1390207247FAF TENCAP11,64311,643 1400207249FPRECISION ATTACK SYSTEMS PROCUREMENT2,9502,950 1410207253FCOMPASS CALL13,01913,019 1420207268FAIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM166,563154,563 F135 Engine—Early to need[–12,000] 1430207277FCSAF INNOVATION PROGRAM4,6214,621 1440207325FJOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM)29,49429,494 1450207410FAIR & SPACE OPERATIONS CENTER (AOC)99,40599,405 1460207412FCONTROL AND REPORTING CENTER (CRC)52,50852,508 1470207417FAIRBORNE WARNING AND CONTROL SYSTEM (AWACS)176,040176,040 1480207418FTACTICAL AIRBORNE CONTROL SYSTEMS 1490207423FADVANCED COMMUNICATIONS SYSTEMS63,78263,782 1500207424FEVALUATION AND ANALYSIS PROGRAM[ ][ ] 1510207431FCOMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES1,4751,475 1520207438FTHEATER BATTLE MANAGEMENT
(TBM)C4I19,06719,067 1530207445FFIGHTER TACTICAL DATA LINK72,10672,106 1540207446FBOMBER TACTICAL DATA LINK 1550207448FC2ISR TACTICAL DATA LINK1,6671,667 1560207449FCOMMAND AND CONTROL
(C2)CONSTELLATION26,79226,792 1570207581FJOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS)140,670140,670 1580207590FSEEK EAGLE22,07122,071 1590207601FUSAF MODELING AND SIMULATION27,24527,245 1600207605FWARGAMING AND SIMULATION CENTERS7,0187,018 1610207697FDISTRIBUTED TRAINING AND EXERCISES6,7406,740 1620208006FMISSION PLANNING SYSTEMS91,99591,995 1630208021FINFORMATION WARFARE SUPPORT12,27112,271 1640208161FSPECIAL EVALUATION SYSTEM[ ][ ] 1650301310FNATIONAL AIR INTELLIGENCE CENTER[ ][ ] Open Source Research Centers[1,000] 1660301314FCOBRA BALL[ ][ ] 1670301315FMISSILE AND SPACE TECHNICAL COLLECTION[ ][ ] 1680301324FFOREST GREEN[ ][ ] 1690301386FGDIP COLLECTION MANAGEMENT[ ][ ] 1700302015FE–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC)26,10726,107 1710303112FAIR FORCE COMMUNICATIONS (AIRCOM)123 STAT. 2774 1720303131FMINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN)72,69472,694 1730303140FINFORMATION SYSTEMS SECURITY PROGRAM196,621196,621 1740303141FGLOBAL COMBAT SUPPORT SYSTEM3,3753,375 1750303150FGLOBAL COMMAND AND CONTROL SYSTEM3,1493,149 1760303158FJOINT COMMAND AND CONTROL PROGRAM (JC2)3,0873,087 1770303601FMILSATCOM TERMINALS257,693257,693 1790304260FAIRBORNE SIGINT ENTERPRISE176,989176,989 1800304311FSELECTED ACTIVITIES[ ][ ] 1810304348FADVANCED GEOSPATIAL INTELLIGENCE (AGI)[ ][ ] Advanced Technical Intelligence Center[6,500] 1820305099FGLOBAL AIR TRAFFIC MANAGEMENT (GATM)6,0286,028 1830305103FCYBER SECURITY INITIATIVE2,0652,065 1840305110FSATELLITE CONTROL NETWORK (SPACE)20,99120,991 1850305111FWEATHER SERVICE33,53133,531 1860305114FAIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS)9,0069,006 1870305116FAERIAL TARGETS54,80754,807 1880305124FSPECIAL APPLICATIONS PROGRAM[ ][ ] 1890305127FFOREIGN COUNTERINTELLIGENCE ACTIVITIES[ ][ ] 1900305128FSECURITY AND INVESTIGATIVE ACTIVITIES742742 1910305142FAPPLIED TECHNOLOGY AND INTEGRATION[ ][ ] 1920305146FDEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES3939 1940305164FNAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE)137,692137,692 1950305165FNAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS)52,03952,039 1960305172FCOMBINED ADVANCED APPLICATIONS[ ][ ] 1970305173FSPACE AND MISSILE TEST AND EVALUATION CENTER3,5993,599 1980305174FSPACE WARFARE CENTER3,0093,009 1990305182FSPACELIFT RANGE SYSTEM (SPACE)9,9579,957 2000305193FINTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO)1,2401,240 2010305202FDRAGON U–2 2020305205FENDURANCE UNMANNED AERIAL VEHICLES73,73638,736 ISIS[–35,000] 2030305206FAIRBORNE RECONNAISSANCE SYSTEMS143,892145,892 GORGON STARE Multiple UAS Cooperative Concentrated Observation and Engagement Against a Common Ground Objective[2,000] 2040305207FMANNED RECONNAISSANCE SYSTEMS12,84615,346 Rivet Joint Services Oriented Architecture (SOA)[2,500] 2050305208FDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS82,76582,765 2060305219FMQ–1 PREDATOR A UAV18,10122,101 Sense and avoid[4,000] 2070305220FRQ–4 UAV317,316317,316 2080305221FNETWORK-CENTRIC COLLABORATIVE TARGETING8,1608,160 2090305265FGPS III SPACE SEGMENT815,095717,695 GPS Control Segment (OCX)[–97,400] 2100305614FJSPOC MISSION SYSTEM131,271137,271 Karnac[6,000] 2110305887FINTELLIGENCE SUPPORT TO INFORMATION WARFARE5,2675,267 2120305906FNCMC—TW/AA SYSTEM 2130305913FNUDET DETECTION SYSTEM (SPACE)84,02184,021 2140305924FNATIONAL SECURITY SPACE OFFICE10,63410,634 2150305940FSPACE SITUATION AWARENESS OPERATIONS54,64854,648 2160307141FINFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEVELOPMENT30,07630,076 2170308699FSHARED EARLY WARNING (SEW)3,0823,082 2180401115FC–130 AIRLIFT SQUADRON201,250201,250 2190401119FC–5 AIRLIFT SQUADRONS (IF)95,26695,266 2200401130FC–17 AIRCRAFT (IF)161,855161,855 2210401132FC–130J PROGRAM30,01930,019 2220401134FLARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM)31,78431,784123 STAT. 2775 2230401218FKC–135S10,29710,297 2240401219FKC–10S35,58635,586 2250401221FKC–135 TANKER REPLACEMENT 2260401314FOPERATIONAL SUPPORT AIRLIFT4,9164,916 2270401839FAIR MOBILITY TACTICAL DATA LINK 2280408011FSPECIAL TACTICS / COMBAT CONTROL8,2228,222 2290702207FDEPOT MAINTENANCE (NON-IF)1,5081,508 2300702976FFACILITIES RESTORATION & MODERNIZATION—LOGISTICS 2310708011FINDUSTRIAL PREPAREDNESS2,000 Wire Integrity Technology[2,000] 2320708610FLOGISTICS INFORMATION TECHNOLOGY (LOGIT)246,483246,483 2330708611FSUPPORT SYSTEMS DEVELOPMENT6,2888,288 ALC Logistics Integration Environment[2,000] 2340804743FOTHER FLIGHT TRAINING805805 2350804757FJOINT NATIONAL TRAINING CENTER3,2203,220 2360804772FTRAINING DEVELOPMENTS1,7691,769 2370808716FOTHER PERSONNEL ACTIVITIES116116 2380901202FJOINT PERSONNEL RECOVERY AGENCY6,37611,376 Biometric signature and passive physiological monitoring[5,000] 2390901212FSERVICE-WIDE SUPPORT (NOT OTHERWISE ACCOUNTED FOR) 2400901218FCIVILIAN COMPENSATION PROGRAM8,1748,174 2410901220FPERSONNEL ADMINISTRATION10,49230,982 DIMHRS—OSD requested transfer from RDDW, Line 117[20,490] 2420901538FFINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT55,99155,991 9999999999OTHER PROGRAMS11,955,08412,137,084 Program Increase[172,500] Carbon Nanotube Enhanced Power Sources for Space[2,000] **SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, AIR FORCE****18,751,901****18,863,491** **TOTAL, RDT&E AIR FORCE****27,992,827****28,401,642** **RESEARCH, DEVELOPMENT, TEST & EVALUATION, DEFENSE-WIDE** **BASIC RESEARCH** 0010601000BRDTRA BASIC RESEARCH INITIATIVE48,54448,544 0020601101EDEFENSE RESEARCH SCIENCES226,125226,125 0030601111D8ZGOVERNMENT/INDUSTRY COSPONSORSHIP OF UNIVERSITY RESEARCH 0040601114D8ZDEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH 0050601120D8ZNATIONAL DEFENSE EDUCATION PROGRAM89,98089,980 0060601384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM58,97464,874 In-vitro models for bio-defense vaccines[1,900] Synchrotron Beamline and Experimental Station[4,000] **SUBTOTAL, BASIC RESEARCH, DEFENSE-WIDE****423,623****429,523** **APPLIED RESEARCH** 0070602000D8ZJOINT MUNITIONS TECHNOLOGY22,66918,961 Partial Program Growth Reduction[–3,708] 0080602227D8ZMEDICAL FREE ELECTRON LASER 0090602228D8ZHISTORICALLY BLACK COLLEGES AND UNIVERSITIES
(HBCU)SCIENCE15,16420,164 Historically Black Colleges and Universities and Minority Serving Institutions Program[5,000] 0100602234D8ZLINCOLN LABORATORY RESEARCH PROGRAM34,03434,034 0110602303EINFORMATION & COMMUNICATIONS TECHNOLOGY282,749272,749 Program Reduction[–10,000] 0120602304ECOGNITIVE COMPUTING SYSTEMS142,840142,840 0130602383EBIOLOGICAL WARFARE DEFENSE40,58740,587 0140602384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM209,072212,972123 STAT. 2776 Chemical and biological infrared detector[1,900] Chemical and Biological Resistant Clothing[2,000] 0150602663D8ZJOINT DATA MANAGEMENT ADVANCED DEVELOPMENT4,9404,940 0160602670D8ZHUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING
(HSCB)APPLIED RESEARCH9,4469,446 0170602702ETACTICAL TECHNOLOGY276,075266,075 Program Reduction[–10,000] 0180602715EMATERIALS AND BIOLOGICAL TECHNOLOGY268,859263,859 Program Reduction[–5,000] 0190602716EELECTRONICS TECHNOLOGY223,841213,841 Program Reduction[–10,000] 0200602718BRWEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES219,130220,630 Blast mitigation and protection[1,500] 0211160401BBSPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT27,38427,384 0221160407BBSOF MEDICAL TECHNOLOGY DEVELOPMENT **SUBTOTAL, APPLIED RESEARCH, DEFENSE-WIDE****1,776,790****1,748,482** **ADVANCED TECHNOLOGY DEVELOPMENT** 0230603000D8ZJOINT MUNITIONS ADVANCED TECHNOLOGY23,53816,754 Partial Program Growth Reduction[–6,784] 0240603121D8ZSO/LIC ADVANCED DEVELOPMENT43,80843,808 0250603122D8ZCOMBATING TERRORISM TECHNOLOGY SUPPORT81,86892,368 Reconnaissance and data exploitation systems[3,500] Affordable Robust Mid-Sized UGV[2,000] Integrated Rugged Checkpoint Container[2,500] Combating Terrorism: Threat and Risk Assessment[2,500] 0260603160BRCOUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT233,203233,203 0270603175CBALLISTIC MISSILE DEFENSE TECHNOLOGY109,760104,760 General Reduction[–5,000] 0280603200D8ZJOINT ADVANCED CONCEPTS7,8177,817 0290603225D8ZJOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT23,27623,276 0300603286EADVANCED AEROSPACE SYSTEMS338,360249,360 Program Reduction[–89,000] 0310603287ESPACE PROGRAMS AND TECHNOLOGY200,612200,612 0320603384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT282,235284,235 Total Perimeter Surveillance[2,000] 0330603618D8ZJOINT ELECTRONIC ADVANCED TECHNOLOGY10,83810,838 0340603648D8ZJOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS198,352177,352 JCTD new starts[–25,000] High Accuracy Network Determination System—Intelligent Optical Networks (HANDS-ION)[2,000] Distributed Network Switching and Security[2,000] 0350603662D8ZNETWORKED COMMUNICATIONS CAPABILITIES28,21228,212 0360603663D8ZJOINT DATA MANAGEMENT RESEARCH4,9354,935 0370603665D8ZBIOMETRICS SCIENCE AND TECHNOLOGY10,99310,993 0380603670D8ZHUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING
(HSCB)ADVANCED DEVELOPMENT11,48011,480 0390603680D8ZDEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM14,63824,638 High performance defense manufacturing technology[10,000] 0400603711D8ZJOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS9,11011,110 Robotics training systems[2,000] 0410603712SGENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS19,04333,643 Biofuels program[2,000] Biomass conversion research[1,600] Fuel cell manufacturing research[1,000] Vehicle fuel cell and hydrogen logistics program[8,000] Next Generation Manufacturing Technologies Initiative[2,000] 0420603713SDEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY29,35629,356123 STAT. 2777 0430603716D8ZSTRATEGIC ENVIRONMENTAL RESEARCH PROGRAM69,17569,175 0440603720SMICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT26,31030,810 Feature Size Yield Enhancement at DMEA’s Semiconductors Foundry[2,500] End to End Semi Fab Alpha Tool[2,000] 0450603727D8ZJOINT WARFIGHTING PROGRAM11,13511,135 0460603739EADVANCED ELECTRONICS TECHNOLOGIES205,912190,912 Program Reduction[–15,000] 0470603745D8ZSYNTHETIC APERTURE RADAR
(SAR)COHERENT CHANGE DETECTION (CDD)4,8644,864 0480603750D8ZADVANCED CONCEPT TECHNOLOGY DEMONSTRATIONS 0490603755D8ZHIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM221,286224,286 Computational design of novel materials[3,000] 0500603760ECOMMAND, CONTROL AND COMMUNICATIONS SYSTEMS293,476275,326 CCC-CLS execution delays[–18,150] 0510603764ELAND WARFARE TECHNOLOGY 0520603765ECLASSIFIED DARPA PROGRAMS186,526186,526 0530603766ENETWORK-CENTRIC WARFARE TECHNOLOGY135,941135,941 0540603767ESENSOR TECHNOLOGY243,056218,056 Program Reduction[–15,000] SEN-CLS execution delays[–10,000] 0550603768EGUIDANCE TECHNOLOGY37,04037,040 0560603769SEDISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT13,82213,822 0570603781D8ZSOFTWARE ENGINEERING INSTITUTE31,29831,298 0580603805SDUAL USE TECHNOLOGY 0590603826D8ZQUICK REACTION SPECIAL PROJECTS107,98494,484 Quick Reaction Fund[–15,000] Special warfare domain awareness[1,500] 0600603828D8ZJOINT EXPERIMENTATION124,480122,180 Tidewater Full Scale Exercise[2,700] National Center for Small Unit Excellence[–5,000] 0610603832D8ZDOD MODELING AND SIMULATION MANAGEMENT OFFICE38,50538,505 0620603941D8ZTEST & EVALUATION SCIENCE & TECHNOLOGY95,73495,734 0630603942D8ZTECHNOLOGY TRANSFER2,2195,219 National Radio Frequency RD&T Transfer Center[3,000] 0640909999D8ZFINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 0651160402BBSPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT31,67536,775 Lithium ion battery safety research[1,600] Partnership for Defense Innovation Wi-Fi Laboratory Testing and Assessment Center[3,500] 0661160422BBAVIATION ENGINEERING ANALYSIS3,5443,544 0671160472BBSOF INFORMATION AND BROADCAST SYSTEMS ADVANCED TECHNOLOGY4,9884,988 **SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, DEFENSE-WIDE****3,570,404****3,429,370** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0680603161D8ZNUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P36,01936,019 0690603228D8ZPHYSICAL SECURITY EQUIPMENT 0700603527D8ZRETRACT LARCH21,71821,718 0710603709D8ZJOINT ROBOTICS PROGRAM11,80313,803 Autonomous Machine Vision for Mapping and Investigation of Remote Sites[2,000] 0720603714D8ZADVANCED SENSOR APPLICATIONS PROGRAM17,77117,771 0730603851D8ZENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM31,61331,613123 STAT. 2778 0740603881CBALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT719,465719,465 0750603882CBALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT982,9221,002,922 GBI vendor base sustainment[20,000] 0760603883CBALLISTIC MISSILE DEFENSE BOOST DEFENSE SEGMENT186,697186,697 0770603884BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM205,952207,552 Real-time non-specific viral agent detector[1,600] 0780603884CBALLISTIC MISSILE DEFENSE SENSORS636,856636,856 0790603886CBALLISTIC MISSILE DEFENSE SYSTEM INTERCEPTOR 0800603888CBALLISTIC MISSILE DEFENSE TEST & TARGETS966,752940,752 Target Synchronization with Test Schedule[–26,000] 0810603890CBMD ENABLING PROGRAMS369,145354,145 Programs Reduction[–15,000] 0820603891CSPECIAL PROGRAMS—MDA301,566286,566 Program Decrease due to excessive growth[–15,000] 0830603892CAEGIS BMD1,690,7581,690,758 0840603893CSPACE TRACKING & SURVEILLANCE SYSTEM180,000173,200 Demonstration Satellites[–6,800] 0850603894CMULTIPLE KILL VEHICLE 0860603895CBALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS12,54912,549 0870603896CBALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATIONS340,014340,014 0880603897CBALLISTIC MISSILE DEFENSE HERCULES48,18648,186 0890603898CBALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT60,92161,421 Independent Advisory Group to Review Ballistic Missile Defense Training Needs[500] 0900603904CMISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC)86,94986,949 0910603906CREGARDING TRENCH6,1646,164 0920603907CSEA BASED X-BAND RADAR (SBX)174,576174,576 0930603908CBMD EUROPEAN INTERCEPTOR SITE 0940603909CBMD EUROPEAN MIDCOURSE RADAR 0950603911CBMD EUROPEAN CAPABILITY50,50450,504 0960603912CBMD EUROPEAN COMMUNICATIONS SUPPORT 0970603913CISRAELI COOPERATIVE PROGRAMS119,634144,634 Short-range ballistic missile defense[25,000] 0980603920D8ZHUMANITARIAN DEMINING14,68714,687 0990603923D8ZCOALITION WARFARE13,88513,885 1000604016D8ZDEPARTMENT OF DEFENSE CORROSION PROGRAM4,8878,387 Corrosion control research[3,500] 1010604400D8ZDEPARTMENT OF DEFENSE
(DOD)UNMANNED AIRCRAFT SYSTEM
(UAS)COMMON DEVELOPMENT55,28955,289 1020604648D8ZJOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS18,57718,577 1030604670D8ZHUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING
(HSCB)RESEARCH AND ENGINEERING7,0067,006 1040604787D8ZJOINT SYSTEMS INTEGRATION COMMAND (JSIC)19,74419,744 1050604828D8ZJOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM16,97216,972 1060605017D8ZREDUCTION OF TOTAL OWNERSHIP COST24,64724,647 1070303191D8ZJOINT ELECTROMAGNETIC TECHNOLOGY
(JET)PROGRAM3,9493,949 **SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, DEFENSE-WIDE****7,438,177****7,427,977** **SYSTEM DEVELOPMENT & DEMONSTRATION** 1080604051D8ZDEFENSE ACQUISITION CHALLENGE PROGRAM (DACP)28,86228,862 1090604161D8ZNUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD7,6287,628123 STAT. 2779 1100604165D8ZPROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT166,913166,913 1110604384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM332,895332,895 1120604709D8ZJOINT ROBOTICS PROGRAM5,1275,127 1130604764KADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS-JPO)39,91139,911 1140604771D8ZJOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS)20,63320,633 1150605000BRWEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES8,7358,735 1160605013BLINFORMATION TECHNOLOGY DEVELOPMENT11,70511,705 1170605018BTADEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (DIMHRS)70,00018,710 Transfer to RDA, line 117 for DIMHRS execution[–30,800] Transfer to RDAF, line 241 for DIMHRS execution[–20,490] 1180605020BTABUSINESS TRANSFORMATION AGENCY R&D ACTIVITIES197,008197,008 1190605021SEHOMELAND PERSONNEL SECURITY INITIATIVE395395 1200605027D8ZOUSD(C) IT DEVELOPMENT INITIATIVES5,0005,000 1210605140D8ZTRUSTED FOUNDRY41,22341,223 1220605648D8ZDEFENSE ACQUISITION EXECUTIVE
(DAE)PILOT PROGRAM4,2674,267 1230303141KGLOBAL COMBAT SUPPORT SYSTEM18,43118,431 1240303158KJOINT COMMAND AND CONTROL PROGRAM (JC2)49,04749,047 1250807708D8ZWOUNDED ILL AND INJURED SENIOR OVERSIGHT COMMITTEE (WII-SOC) STAFF OFFICE1,6091,609 **SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, DEFENSE-WIDE****1,009,389****958,099** **RDT&E MANAGEMENT SUPPORT** 1260603757D8ZTRAINING TRANSFORMATION
(T2)1270604774D8ZDEFENSE READINESS REPORTING SYSTEM (DRRS)13,12113,121 1280604875D8ZJOINT SYSTEMS ARCHITECTURE DEVELOPMENT15,24715,247 1290604940D8ZCENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP)145,052155,052 Joint Gulf Range Test and Training Complex[3,000] Gulf Range Mobile Instrumentation Capability[3,000] Advanced SAM Hardware Simulator Development[4,000] 1300604943D8ZTHERMAL VICAR9,0459,045 1310605100D8ZJOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC)9,4559,455 1320605104D8ZTECHNICAL STUDIES, SUPPORT AND ANALYSIS44,76044,760 1330605110D8ZUSD(A&T)—CRITICAL TECHNOLOGY SUPPORT4,9144,914 1340605117D8ZFOREIGN MATERIAL ACQUISITION AND EXPLOITATION94,92194,921 1350605126JJOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO)96,90996,909 1360605128D8ZCLASSIFIED PROGRAM USD(P)[ ][ ] 1370605130D8ZFOREIGN COMPARATIVE TESTING35,05435,054 1380605161D8ZNUCLEAR MATTERS-PHYSICAL SECURITY6,4746,474 1390605170D8ZSUPPORT TO NETWORKS AND INFORMATION INTEGRATION14,91614,916 1400605200D8ZGENERAL SUPPORT TO USD (INTELLIGENCE)5,8885,888 1410605384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM106,477106,477 1420605502BRSMALL BUSINESS INNOVATION RESEARCH 1430605502CSMALL BUSINESS INNOVATIVE RESEARCH—MDA 1440605502D8ZSMALL BUSINESS INNOVATIVE RESEARCH 1450605502ESMALL BUSINESS INNOVATIVE RESEARCH 1460605502SSMALL BUSINESS INNOVATIVE RESEARCH 1470605790D8ZSMALL BUSINESS INNOVATION RESEARCH/CHALLENGE ADMINISTRATION2,1634,063 Anti-tamper software systems[1,900] 1480605798D8ZDEFENSE TECHNOLOGY ANALYSIS11,00511,005 1490605798SDEFENSE TECHNOLOGY ANALYSIS 1500605799D8ZFORCE TRANSFORMATION DIRECTORATE19,98119,981 1510605801KADEFENSE TECHNICAL INFORMATION CENTER (DTIC)54,41149,411123 STAT. 2780 Program Reduction[–5,000] 1520605803SER&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION19,55419,554 1530605804D8ZDEVELOPMENT TEST AND EVALUATION23,51223,512 1540605897EDARPA AGENCY RELOCATION45,00045,000 1550605898EMANAGEMENT HQ—R&D51,05551,055 1560606100D8ZBUDGET AND PROGRAM ASSESSMENTS5,9295,929 1570606301D8ZAVIATION SAFETY TECHNOLOGIES8,0008,000 1580204571JJOINT STAFF ANALYTICAL SUPPORT1,2501,250 1590301555GCLASSIFIED PROGRAMS[ ][ ] 1600301556GSPECIAL PROGRAM[ ][ ] 1610303166D8ZSUPPORT TO INFORMATION OPERATIONS
(IO)CAPABILITIES30,60430,604 1620303169D8ZINFORMATION TECHNOLOGY RAPID ACQUISITION4,6674,667 1630305103ECYBER SECURITY INITIATIVE50,00050,000 1640305193D8ZINTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO)20,64820,648 1650305193GINTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO)[ ][ ] 1660305400D8ZWARFIGHTING AND INTELLIGENCE-RELATED SUPPORT829829 1670804767D8ZCOCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)34,30634,306 1680901585CPENTAGON RESERVATION19,70919,709 1690901598CMANAGEMENT HQ—MDA57,40357,403 1700901598D8WIT SOFTWARE DEV INITIATIVES980980 170A9999999OTHER PROGRAMS124,705124,705 **SUBTOTAL, RDT&E MANAGEMENT SUPPORT, DEFENSE-WIDE****1,187,944****1,194,844** **OPERATIONAL SYSTEMS DEVELOPMENT** 1710604130VDEFENSE INFORMATION SYSTEM FOR SECURITY (DISS)1,3841,384 1720605127TREGIONAL INTERNATIONAL OUTREACH
(RIO)AND PARTNERSHIP FOR PEACE INFORMATION MANA2,0012,001 1730605147TOVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS)292292 1740607384BPCHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT)6,1986,198 1750607828D8ZJOINT INTEGRATION AND INTEROPERABILITY46,21446,214 1760204571JJOINT STAFF ANALYTICAL SUPPORT 1770208043JCLASSIFIED PROGRAMS2,1792,179 1780208045KC4I INTEROPERABILITY74,78674,786 1800301144KJOINT/ALLIED COALITION INFORMATION SHARING10,76710,767 1810301301LGENERAL DEFENSE INTELLIGENCE PROGRAM[ ][ ] Advanced Scientific Missile Intelligence Preparation of the Battlespace (IPB)[2,500] Portable Device for Latent Fingerprint Identification[1,800] 1820301318BBHUMINT (CONTROLLED)[ ][ ] 1830301371GCYBER SECURITY INITIATIVE—CCP[ ][ ] 1840301372LCYBER SECURITY INITIATIVE—GDIP[ ][ ] 1850301555BZCLASSIFIED PROGRAMS[ ][ ] 1860301556BZSPECIAL PROGRAM[ ][ ] 1870302016KNATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT548548 1880302019KDEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION17,65517,655 1890303126KLONG-HAUL COMMUNICATIONS—DCS9,4069,406 1900303131KMINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN)9,8309,830 1910303135GPUBLIC KEY INFRASTRUCTURE (PKI)8,1168,116 1920303136GKEY MANAGEMENT INFRASTRUCTURE (KMI)41,00241,002 1930303140D8ZINFORMATION SYSTEMS SECURITY PROGRAM13,47713,477 1940303140GINFORMATION SYSTEMS SECURITY PROGRAM408,316408,316 1950303140KINFORMATION SYSTEMS SECURITY PROGRAM 1960303148KDISA MISSION SUPPORT OPERATIONS1,2051,205123 STAT. 2781 1970303149JC4I FOR THE WARRIOR4,0984,098 1980303150KGLOBAL COMMAND AND CONTROL SYSTEM23,76123,761 1990303153KJOINT SPECTRUM CENTER18,94418,944 2000303170KNET-CENTRIC ENTERPRISE SERVICES (NCES)1,7821,782 2010303260D8ZJOINT MILITARY DECEPTION INITIATIVE942942 2020303610KTELEPORT PROGRAM5,2395,239 2030304210BBSPECIAL APPLICATIONS FOR CONTINGENCIES16,38116,381 2040304345BQNATIONAL GEOSPATIAL-INTELLIGENCE PROGRAM (NGP)[ ][ ] 2060305103D8ZCYBER SECURITY INITIATIVE993993 2070305103GCYBER SECURITY INITIATIVE[ ][ ] 2080305103KCYBER SECURITY INITIATIVE10,08010,080 2090305125D8ZCRITICAL INFRASTRUCTURE PROTECTION (CIP)12,72512,725 2100305127BZFOREIGN COUNTERINTELLIGENCE ACTIVITIES 2110305127LFOREIGN COUNTERINTELLIGENCE ACTIVITIES[ ][ ] 2120305146BZDEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES[ ][ ] 2130305146LDEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES[ ][ ] 2140305183LDEFENSE HUMAN INTELLIGENCE (HUMINT) ACTIVITIES[ ][ ] 2150305186D8ZPOLICY R&D PROGRAMS6,9486,948 2160305193LINTELLIGENCE SUPPORT TO INFORMATION OPERATIONS
(IO)2170305199D8ZNET CENTRICITY1,4791,479 2180305202GDRAGON U–2[ ][ ] 2190305206GAIRBORNE RECONNAISSANCE SYSTEMS[ ][ ] 2200305207GMANNED RECONNAISSANCE SYSTEMS 2210305208BBDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS1,4071,407 2220305208BQDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS[ ][ ] 2230305208GDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS[ ][ ] 2240305208KDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS3,1583,158 2250305208LDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS[ ][ ] 2260305219BBMQ–1 PREDATOR A UAV2,0672,067 2270305229GREAL-TIME ARCHITECTURE DEVELOPMENT (RT10)[ ][ ] 2280305387D8ZHOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM2,9632,963 2290305600D8ZINTERNATIONAL INTELLIGENCE TECHNOLOGY ASSESSMENT, ADVANCEMENT AND INTEGRATION1,3891,389 2300305866LDIA SUPPORT TO SOUTHCOM INTELLIGENCE ACTIVITIES 2310305880LCOMBATANT COMMAND INTELLIGENCE OPERATIONS 2320305883LHARD AND DEEPLY BURIED TARGET
(HDBT)INTEL SUPPORT[ ][ ] 2330305884LINTELLIGENCE PLANNING AND REVIEW ACTIVITIES[ ][ ] Technology applications for security enhancement[3,000] 2350305889GCOUNTERDRUG INTELLIGENCE SUPPORT 2360307141GINFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEV[ ][ ] 2370307207GAERIAL COMMON SENSOR (ACS)[ ][ ] 2380708011SINDUSTRIAL PREPAREDNESS20,51451,714 Industrial Base Innovation Fund[30,000] Northwest Manufacturing Initiative[1,200] 2390708012SLOGISTICS SUPPORT ACTIVITIES2,7982,798 2400902298JMANAGEMENT HEADQUARTERS (JCS)8,3038,303 2411001018D8ZNATO AGS74,48574,485 2421105219BBMQ–9 UAV4,3804,380 2431130435BBSTORM 2441160279BBSMALL BUSINESS INNOVATIVE RESEARCH/SMALL BUS TECH TRANSFER PILOT PROG 2451160403BBSPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT82,62172,621 Avionics Modernization Program[–10,000] 2461160404BBSPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT6,1821,594 SOF Resource Business Information System[–4,588]123 STAT. 2782 2471160405BBSPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT21,27333,173 Biometric Optical Surveillance System (BOSS)[2,000] Counterproliferation Analysis and Planning System (CAPS)[5,000] Advanced long endurance unattended ground sensor technologies[4,900] 2481160408BBSOF OPERATIONAL ENHANCEMENTS60,31060,310 2491160421BBSPECIAL OPERATIONS CV–22 DEVELOPMENT12,68712,687 2501160423BBJOINT MULTI-MISSION SUBMERSIBLE43,41243,412 2511160425BBSPECIAL OPERATIONS AIRCRAFT DEFENSIVE SYSTEMS 2521160426BBOPERATIONS ADVANCED SEAL DELIVERY SYSTEM
(ASDS)DEVELOPMENT1,3210 ASDS[–1,321] 2531160427BBMISSION TRAINING AND PREPARATION SYSTEMS (MTPS)3,1923,192 2541160428BBUNMANNED VEHICLES
(UV)2551160429BBMC130J SOF TANKER RECAPITALIZATION5,9575,957 2561160474BBSOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS733733 2571160476BBSOF TACTICAL RADIO SYSTEMS2,3682,368 2581160477BBSOF WEAPONS SYSTEMS1,0811,081 2591160478BBSOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS597597 2601160479BBSOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS3,3694,869 Miniature Day Night Sight for Crew Served Weapons[1,500] 2611160480BBSOF TACTICAL VEHICLES1,9731,973 2621160482BBSOF ROTARY WING AVIATION18,86318,863 2631160483BBSOF UNDERWATER SYSTEMS3,4527,452 Transformer Technology for Combat Submersibles (TTCS)[4,000] 2641160484BBSOF SURFACE CRAFT12,25012,250 2651160488BBSOF PSYOP9,8879,887 2661160489BBSOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES4,9444,944 2671160490BBSOF OPERATIONAL ENHANCEMENTS INTELLIGENCE11,54711,547 9999999999OTHER PROGRAMS4,148,9844,156,284 **SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, DEFENSE-WIDE****5,335,215****5,375,206** DARPA execution adjustment–150,000 **Total, RDT&E Defense-Wide****20,741,542****20,413,501** **OPERATIONAL TEST & EVALUATION, DEFENSE** 0010605118OTEOPERATIONAL TEST AND EVALUATION58,64758,647 0020605131OTELIVE FIRE TEST AND EVALUATION12,28512,285 0030605814OTEOPERATIONAL TEST ACTIVITIES AND ANALYSES119,838119,838 **Total, Operational Test & Evaluation, Defense****190,770****190,770** **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) **Line****Program** **Element****Item****FY 2010** ** Request****Conference** ** Authorized** **RESEARCH, DEVELOPMENT, TEST & EVALUATION, ARMY**123 STAT. 2783 **SYSTEM DEVELOPMENT & DEMONSTRATION** 0750604270AELECTRONIC WARFARE DEVELOPMENT18,59818,598 **SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, ARMY****18,598****18,598** **OPERATIONAL SYSTEMS DEVELOPMENT** 1600301359ASPECIAL ARMY PROGRAM[ ][ ] 1610303028ASECURITY AND INTELLIGENCE ACTIVITIES7,6447,644 1620303140AINFORMATION SYSTEMS SECURITY PROGRAM2,2202,220 1670305204ATACTICAL UNMANNED AERIAL VEHICLES29,50029,500 **SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, ARMY****39,364****39,364** **TOTAL, RDT&E ARMY****57,962****57,962** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0260603207NAIR/OCEAN TACTICAL APPLICATIONS 0270603216NAVIATION SURVIVABILITY8,0000 Non-emergency development funding[–8,000] 0410603561NADVANCED SUBMARINE SYSTEM DEVELOPMENT9,0000 Non-emergency development funding[–9,000] **SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, NAVY****17,000****0** **SYSTEM DEVELOPMENT & DEMONSTRATION** **OPERATIONAL SYSTEMS DEVELOPMENT** 1880301303NMARITIME INTELLIGENCE[ ][ ] 1890301323NCOLLECTION MANAGEMENT[ ][ ] 1900301327NTECHNICAL RECONNAISSANCE AND SURVEILLANCE[ ][ ] 1910301372NCYBER SECURITY INITIATIVE—GDIP[ ][ ] 2030305207NMANNED RECONNAISSANCE SYSTEMS51,90051,900 2100305234NSMALL (LEVEL 0) TACTICAL UAS (STUASL0)6,0006,000 9999999999OTHER PROGRAMS32,28032,280 **SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, RDT&E****90,180****90,180** **TOTAL, RDT&E NAVY****107,180****90,180** **RESEARCH, DEVELOPMENT, TEST & EVALUATION, AIR FORCE** **BASIC RESEARCH** 0040301555FCLASSIFIED PROGRAMS[ ][ ] 0050301556FSPECIAL PROGRAM[ ][ ] **SUBTOTAL, BASIC RESEARCH, AIR FORCE****0****0** **OPERATIONAL SYSTEMS DEVELOPMENT** 1160605798FANALYSIS SUPPORT GROUP[ ][ ] 1230101815FADVANCED STRATEGIC PROGRAMS[ ][ ] 1280205219FMQ–9 UAV1,4001,400 1490207423FADVANCED COMMUNICATIONS SYSTEMS9,3759,375 1500207424FEVALUATION AND ANALYSIS PROGRAM[ ][ ] 1640208161FSPECIAL EVALUATION SYSTEM[ ][ ] 1650301310FNATIONAL AIR INTELLIGENCE CENTER[ ][ ] 1660301314FCOBRA BALL[ ][ ] 1670301315FMISSILE AND SPACE TECHNICAL COLLECTION[ ][ ] 1680301324FFOREST GREEN[ ][ ] 1690301386FGDIP COLLECTION MANAGEMENT[ ][ ]123 STAT. 2784 1800304311FSELECTED ACTIVITIES[ ][ ] 1810304348FADVANCED GEOSPATIAL INTELLIGENCE (AGI)[ ][ ] 1880305124FSPECIAL APPLICATIONS PROGRAM[ ][ ] 1890305127FFOREIGN COUNTERINTELLIGENCE ACTIVITIES[ ][ ] 1910305142FAPPLIED TECHNOLOGY AND INTEGRATION[ ][ ] 1960305172FCOMBINED ADVANCED APPLICATIONS[ ][ ] 2060305219FMQ–1 PREDATOR A UAV1,4001,400 9999999999OTHER PROGRAMS17,11117,111 **SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, AIR FORCE****29,286****29,286** **TOTAL, RDT&E AIR FORCE****29,286****29,286** **RESEARCH, DEVELOPMENT, TEST & EVALUATION, DEFENSE-WIDE** **RDT&E MANAGEMENT SUPPORT** 1590301555GCLASSIFIED PROGRAMS[ ][ ] 1600301556GSPECIAL PROGRAM[ ][ ] 1650305193GINTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO)[ ][ ] 1810301301LGENERAL DEFENSE INTELLIGENCE PROGRAM[ ][ ] 1820301318BBHUMINT (CONTROLLED)[ ][ ] 1830301371GCYBER SECURITY INITIATIVE—CCP[ ][ ] 1840301372LCYBER SECURITY INITIATIVE—GDIP[ ][ ] 1850301555BZCLASSIFIED PROGRAMS[ ][ ] 1860301556BZSPECIAL PROGRAM[ ][ ] 1980303150KGLOBAL COMMAND AND CONTROL SYSTEM2,7502,750 2040304345BQNATIONAL GEOSPATIAL-INTELLIGENCE PROGRAM (NGP)[ ][ ] 2070305103GCYBER SECURITY INITIATIVE[ ][ ] 2110305127LFOREIGN COUNTERINTELLIGENCE ACTIVITIES[ ][ ] 2120305146BZDEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES[ ][ ] 2130305146LDEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES[ ][ ] 2140305183LDEFENSE HUMAN INTELLIGENCE (HUMINT) ACTIVITIES[ ][ ] 2180305202GDRAGON U–2[ ][ ] 2190305206GAIRBORNE RECONNAISSANCE SYSTEMS[ ][ ] 2210305208BBDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS[ ][ ] 2220305208BQDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS[ ][ ] 2230305208GDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS[ ][ ] 2250305208LDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS[ ][ ] 2260305219BBMQ–1 PREDATOR A UAV[ ][ ] 2270305229GREAL-TIME ARCHITECTURE DEVELOPMENT (RT10)[ ][ ] 2310305880LCOMBATANT COMMAND INTELLIGENCE OPERATIONS[ ][ ] 2320305883LHARD AND DEEPLY BURIED TARGET
(HDBT)INTEL SUPPORT[ ][ ] 2330305884LINTELLIGENCE PLANNING AND REVIEW ACTIVITIES[ ][ ] 2360307141GINFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEV[ ][ ] 2370307207GAERIAL COMMON SENSOR (ACS)[ ][ ] 9999999999OTHER PROGRAMS113,076113,076 **SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, DEFENSE-WIDE****115,826****115,826** **Total, RDT&E Defense-Wide****115,826****115,826** **TOTAL RDT&E****310,254****293,254** 123 STAT. 2785 TITLE XLIII—OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE. **OPERATION AND MAINTENANCE** (In Thousands of Dollars) **Line****Item****FY 2010** ** Request****Conference** ** Authorized** **Operation and Maintenance, Army** **BUDGET ACTIVITY 01: OPERATING FORCES** **LAND FORCES** 010MANEUVER UNITS1,020,4901,020,490 020MODULAR SUPPORT BRIGADES105,178105,178 030ECHELONS ABOVE BRIGADE708,038708,038 040THEATER LEVEL ASSETS718,233718,233 050LAND FORCES OPERATIONS SUPPORT1,379,5291,315,129 Budget realignment of combat training center transportation funding in support of helicopter training[–64,400] 060AVIATION ASSETS850,750773,350 Budget realignment in support of helicopter training[–77,400] **LAND FORCES READINESS** 070FORCE READINESS OPERATIONS SUPPORT2,088,2332,088,233 080LAND FORCES SYSTEMS READINESS633,704633,704 090LAND FORCES DEPOT MAINTENANCE692,601695,601 Texas Defense Manufacturing Supply Chain Initiative[3,000] **LAND FORCES READINESS SUPPORT** 100BASE OPERATIONS SUPPORT7,586,4557,588,155 Fort Bliss Data Center[1,700] 110FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION2,221,4462,221,446 120MANAGEMENT AND OPERATIONAL HQ333,119333,119 130COMBATANT COMMANDERS CORE OPERATIONS123,163123,163 140ADDITIONAL ACTIVITIES00 150COMMANDERS EMERGENCY RESPONSE PROGRAM00 160RESET00 170COMBATANT COMMANDERS ANCILLARY MISSIONS460,159460,159 **TOTAL, BA 01: OPERATING FORCES****18,921,098****18,783,998** **BUDGET ACTIVITY 02: MOBILIZATION** **MOBILITY OPERATIONS** 180STRATEGIC MOBILITY228,376228,376 190ARMY PREPOSITIONING STOCKS98,12998,129 200INDUSTRIAL PREPAREDNESS5,7055,705 **TOTAL, BA 02: MOBILIZATION****332,210****332,210** **BUDGET ACTIVITY 03: TRAINING AND RECRUITING** **ACCESSION TRAINING** 210OFFICER ACQUISITION125,615125,615 220RECRUIT TRAINING87,48887,488 230ONE STATION UNIT TRAINING59,30259,302123 STAT. 2786 240SENIOR RESERVE OFFICERS TRAINING CORPS449,397449,397 **BASIC SKILL/ADVANCE TRAINING** 250SPECIALIZED SKILL TRAINING970,777971,277 Rule of law increase[500] 260FLIGHT TRAINING843,893985,693 Budget realignment in support of helicopter training[141,800] 270PROFESSIONAL DEVELOPMENT EDUCATION166,812166,812 280TRAINING SUPPORT702,031702,031 **RECRUITING/OTHER TRAINING** 290RECRUITING AND ADVERTISING541,852541,852 300EXAMINING147,915147,915 310OFF-DUTY AND VOLUNTARY EDUCATION238,353238,353 320CIVILIAN EDUCATION AND TRAINING217,386217,386 330JUNIOR ROTC156,904156,904 **TOTAL, BA 03: TRAINING AND RECRUITING****4,707,725****4,850,025** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SECURITY PROGRAMS** 340SECURITY PROGRAMS1,017,0551,017,055 **LOGISTICS OPERATIONS** 350SERVICEWIDE TRANSPORTATION540,249540,249 360CENTRAL SUPPLY ACTIVITIES614,093614,093 370LOGISTIC SUPPORT ACTIVITIES481,318481,318 380AMMUNITION MANAGEMENT434,661435,661 M24 Sniper Weapons System Upgrade[1,000] **SERVICEWIDE SUPPORT** 390ADMINISTRATION776,866776,866 400SERVICEWIDE COMMUNICATIONS1,166,4911,141,491 Servicewide communications underexecution[–25,000] 410MANPOWER MANAGEMENT289,383289,383 420OTHER PERSONNEL SUPPORT221,779229,029 Transfer from O&M, DW BTA for DIMHRS[7,250] 430OTHER SERVICE SUPPORT993,852993,852 440ARMY CLAIMS ACTIVITIES215,168215,168 450REAL ESTATE MANAGEMENT118,785118,785 **SUPPORT OF OTHER NATIONS** 460SUPPORT OF NATO OPERATIONS430,449430,449 470MISC. SUPPORT OF OTHER NATIONS13,70013,700 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****7,313,849****7,297,099** **Total Operation and Maintenance, Army****31,274,882****31,263,332** **Operation and Maintenance, Navy** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS**123 STAT. 2787 010MISSION AND OTHER FLIGHT OPERATIONS3,814,0003,814,000 020FLEET AIR TRAINING120,868120,868 030AVIATION TECHNICAL DATA & ENGINEERING SERVICES52,25952,259 040AIR OPERATIONS AND SAFETY SUPPORT121,649121,649 050AIR SYSTEMS SUPPORT485,321485,321 060AIRCRAFT DEPOT MAINTENANCE1,057,7471,127,774 Aviation Depot Maintenance[70,027] 070AIRCRAFT DEPOT OPERATIONS SUPPORT32,08332,083 **SHIP OPERATIONS** 080MISSION AND OTHER SHIP OPERATIONS3,320,2223,320,222 090SHIP OPERATIONS SUPPORT & TRAINING699,581699,581 100SHIP DEPOT MAINTENANCE4,296,5444,296,544 110SHIP DEPOT OPERATIONS SUPPORT1,170,7851,170,785 **COMBAT OPERATIONS/SUPPORT** 120COMBAT COMMUNICATIONS601,595601,595 130ELECTRONIC WARFARE86,01986,019 140SPACE SYSTEMS AND SURVEILLANCE167,050167,050 150WARFARE TACTICS407,674407,674 160OPERATIONAL METEOROLOGY AND OCEANOGRAPHY315,228315,228 170COMBAT SUPPORT FORCES758,789758,789 180EQUIPMENT MAINTENANCE186,794186,794 190DEPOT OPERATIONS SUPPORT3,3053,305 200COMBATANT COMMANDERS CORE OPERATIONS167,789167,789 210COMBATANT COMMANDERS DIRECT MISSION SUPPORT259,188252,188 Reduction for National Program for Small Unit Excellence[–7,000] **WEAPONS SUPPORT** 220CRUISE MISSILE131,895131,895 230FLEET BALLISTIC MISSILE1,145,0201,145,020 240IN-SERVICE WEAPONS SYSTEMS SUPPORT64,73164,731 250WEAPONS MAINTENANCE448,777460,777 Gun depot overhauls[12,000] 260OTHER WEAPON SYSTEMS SUPPORT326,535326,535 **BASE SUPPORT** 270ENTERPRISE INFORMATION1,095,5871,095,587 280SUSTAINMENT, RESTORATION AND MODERNIZATION1,746,4181,746,418 290BASE OPERATING SUPPORT4,058,0464,058,046 **TOTAL, BA 01: OPERATING FORCES****27,141,499****27,216,526** **BUDGET ACTIVITY 02: MOBILIZATION** **READY RESERVE AND PREPOSITIONING FORCES** 300SHIP PREPOSITIONING AND SURGE407,977407,977 **ACTIVATIONS/INACTIVATIONS** 310AIRCRAFT ACTIVATIONS/INACTIVATIONS7,4917,491 320SHIP ACTIVATIONS/INACTIVATIONS192,401195,401 Navy Ship Disposal-Carrier Demonstration Program[3,000] 123 STAT. 2788 **MOBILIZATION PREPAREDNESS** 330FLEET HOSPITAL PROGRAM24,54624,546 340INDUSTRIAL READINESS2,4092,409 350COAST GUARD SUPPORT25,72725,727 **TOTAL, BA 02: MOBILIZATION****660,551****663,551** **BUDGET ACTIVITY 03: TRAINING AND RECRUITING** **ACCESSION TRAINING** 360OFFICER ACQUISITION145,027145,027 370RECRUIT TRAINING11,01111,011 380RESERVE OFFICERS TRAINING CORPS127,490127,490 **BASIC SKILLS AND ADVANCED TRAINING** 390SPECIALIZED SKILL TRAINING477,383477,383 400FLIGHT TRAINING1,268,8461,268,846 410PROFESSIONAL DEVELOPMENT EDUCATION161,922161,922 420TRAINING SUPPORT158,685158,685 **RECRUITING, AND OTHER TRAINING AND EDUCATION** 430RECRUITING AND ADVERTISING276,564277,215 Navy Sea Cadet Corps[651] 440OFF-DUTY AND VOLUNTARY EDUCATION154,979154,979 450CIVILIAN EDUCATION AND TRAINING101,556101,556 460JUNIOR ROTC49,16149,161 **TOTAL, BA 03: TRAINING AND RECRUITING****2,932,624****2,933,275** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SERVICEWIDE SUPPORT** 470ADMINISTRATION768,048768,048 480EXTERNAL RELATIONS6,1716,171 490CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT114,675114,675 500MILITARY MANPOWER AND PERSONNEL MANAGEMENT182,115189,365 Transfer from O&M, DW BTA for DIMHRS[7,250] 510OTHER PERSONNEL SUPPORT298,729298,729 520SERVICEWIDE COMMUNICATIONS408,744393,744 Servicewide communications underexecution[–15,000] 530MEDICAL ACTIVITIES00 **LOGISTICS OPERATIONS AND TECHNICAL SUPPORT** 540SERVICEWIDE TRANSPORTATION246,989246,989 550ENVIRONMENTAL PROGRAMS00 560PLANNING, ENGINEERING AND DESIGN244,337244,337 570ACQUISITION AND PROGRAM MANAGEMENT778,501778,501 580HULL, MECHANICAL AND ELECTRICAL SUPPORT60,22360,223 590COMBAT/WEAPONS SYSTEMS17,32817,328 600SPACE AND ELECTRONIC WARFARE SYSTEMS79,06579,065 **INVESTIGATIONS AND SECURITY PROGRAMS** 610NAVAL INVESTIGATIVE SERVICE515,989515,989123 STAT. 2789 **SUPPORT OF OTHER NATIONS** 670INTERNATIONAL HEADQUARTERS AND AGENCIES5,9185,918 **CANCELLED ACCOUNTS** 680CANCELLED ACCOUNT ADJUSTMENTS00 690JUDGMENT FUND00 **OTHER PROGRAMS** 999OTHER PROGRAMS608,840608,840 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****4,335,672****4,327,922** Unobligated balances estimate–100,000 **Total Operation and Maintenance, Navy****35,070,346****35,041,274** **Operation and Maintenance, Marine Corps** **BUDGET ACTIVITY 01: OPERATING FORCES** **EXPEDITIONARY FORCES** 010OPERATIONAL FORCES730,931737,931 Family of shelter and tents[2,000] Flame Resistant Organizational Gear[1,500] Ultra Lightweight Camouflage Net System[3,500] 020FIELD LOGISTICS591,020591,020 030DEPOT MAINTENANCE80,97180,971 **USMC PREPOSITIONING** 050MARITIME PREPOSITIONING72,18272,182 060NORWAY PREPOSITIONING5,0905,090 **COMBAT OPERATIONS/SUPPORT** 070COMBATANT COMMANDERS DIRECT MISSION SUPPORT00 **BASE SUPPORT** 080SUSTAINMENT, RESTORATION, & MODERNIZATION666,330666,330 090BASE OPERATING SUPPORT2,250,1912,250,191 **TOTAL, BA 01: OPERATING FORCES****4,396,715****4,403,715** **BUDGET ACTIVITY 03: TRAINING AND RECRUITING** **ACCESSION TRAINING** 100RECRUIT TRAINING16,12916,129 110OFFICER ACQUISITION418418 **BASIC SKILLS AND ADVANCED TRAINING** 120SPECIALIZED SKILL TRAINING67,33667,336 130FLIGHT TRAINING369369 140PROFESSIONAL DEVELOPMENT EDUCATION28,11228,112 150TRAINING SUPPORT330,885330,885123 STAT. 2790 **RECRUITING AND OTHER TRAINING EDUCATION** 160RECRUITING AND ADVERTISING240,832240,832 170OFF-DUTY AND VOLUNTARY EDUCATION64,25464,254 180JUNIOR ROTC19,30519,305 **BASE SUPPORT** 190SUSTAINMENT, RESTORATION AND MODERNIZATION00 200BASE OPERATING SUPPORT00 **TOTAL, BA 03: TRAINING AND RECRUITING****767,640****767,640** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SERVICEWIDE SUPPORT** 210SPECIAL SUPPORT299,065299,065 220SERVICEWIDE TRANSPORTATION28,92428,924 230ADMINISTRATION43,87943,879 **BASE SUPPORT** 240SUSTAINMENT, RESTORATION, AND MODERNIZATION00 250BASE OPERATING SUPPORT00 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****371,868****371,868** **Total Operation and Maintenance, Marine Corps****5,536,223****5,543,223** **Operation and Maintenance, Air Force** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010PRIMARY COMBAT FORCES4,017,1564,017,156 020COMBAT ENHANCEMENT FORCES2,754,5632,754,563 030AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)1,414,9131,416,413 Air Education and Training Command Range Improvements[1,500] 050DEPOT MAINTENANCE2,389,7382,389,738 060FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION1,420,0831,420,083 070BASE SUPPORT2,859,9432,860,183 Wage Modification for US Azores Portugese National Employees[240] **COMBAT RELATED OPERATIONS** 080GLOBAL C3I AND EARLY WARNING1,411,8131,411,813 090OTHER COMBAT OPS SPT PROGRAMS880,353880,353 110TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES552,148552,148 123 STAT. 2791 **SPACE OPERATIONS** 120LAUNCH FACILITIES356,367356,367 130SPACE CONTROL SYSTEMS725,646725,646 **COCOM** 140COMBATANT COMMANDERS DIRECT MISSION SUPPORT608,796608,796 150COMBATANT COMMANDERS CORE OPERATIONS216,073216,073 **TOTAL, BA 01: OPERATING FORCES****19,607,592****19,609,332** **BUDGET ACTIVITY 02: MOBILIZATION** **MOBILITY OPERATIONS** 160AIRLIFT OPERATIONS2,932,0802,934,080 Warner Robins Air Logistics Center Strategic Airlift Aircraft Availability Improvements[2,000] 170MOBILIZATION PREPAREDNESS211,858211,858 180DEPOT MAINTENANCE332,226332,226 190FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION362,954362,954 200BASE SUPPORT657,830657,830 **TOTAL, BA 02: MOBILIZATION****4,496,948****4,498,948** **BUDGET ACTIVITY 03: TRAINING AND RECRUITING** **ACCESSION TRAINING** 210OFFICER ACQUISITION120,870120,870 220RECRUIT TRAINING18,13518,135 230RESERVE OFFICERS TRAINING CORPS (ROTC)88,41488,414 240FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION372,788372,788 250BASE SUPPORT685,029685,029 **BASIC SKILLS AND ADVANCED TRAINING** 260SPECIALIZED SKILL TRAINING514,048514,048 270FLIGHT TRAINING833,005833,005 280PROFESSIONAL DEVELOPMENT EDUCATION215,676215,676 290TRAINING SUPPORT118,877118,877 300DEPOT MAINTENANCE576576 **RECRUITING, AND OTHER TRAINING AND EDUCATION** 320RECRUITING AND ADVERTISING152,983152,983 330EXAMINING5,5845,584 340OFF-DUTY AND VOLUNTARY EDUCATION188,198188,198 350CIVILIAN EDUCATION AND TRAINING174,151174,151 360JUNIOR ROTC67,54967,549 **TOTAL, BA 03: TRAINING AND RECRUITING****3,555,883****3,555,883** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **LOGISTICS OPERATIONS** 370LOGISTICS OPERATIONS1,055,6721,055,672 380TECHNICAL SUPPORT ACTIVITIES735,036735,036123 STAT. 2792 400DEPOT MAINTENANCE15,41115,411 410FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION359,562359,562 420BASE SUPPORT1,410,0971,410,097 **SERVICEWIDE ACTIVITIES** 430ADMINISTRATION646,080643,330 Servicewide administration[–10,000] Transfer from O&M, DW BTA for DIMHRS[7,250] 440SERVICEWIDE COMMUNICATIONS581,951581,951 450OTHER SERVICEWIDE ACTIVITIES1,062,8031,062,803 460CIVIL AIR PATROL22,43322,433 **SECURITY PROGRAMS** 470SECURITY PROGRAMS1,148,7041,148,704 **SUPPORT TO OTHER NATIONS** 480INTERNATIONAL SUPPORT49,98749,987 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****7,087,736****7,084,986** USAF Civilian Underexecution–50,000 Unobligated Balances Estimate–172,000 **Total Operation and Maintenance, Air Force****34,748,159****34,527,149** **Operation and Maintenance, Defense-wide** **BUDGET ACTIVITY 1: OPERATING FORCES** **DEFENSE-WIDE ACTIVITIES** 010JOINT CHIEFS OF STAFF457,169457,169 020SPECIAL OPERATIONS COMMAND3,611,4923,612,992 Special Operations Forces Modular Glove System[1,500] **TOTAL, BUDGET ACTIVITY 1:****4,068,661****4,070,161** **BUDGET ACTIVITY 3: TRAINING AND RECRUITING** **DEFENSE-WIDE ACTIVITIES** 030DEFENSE ACQUISITION UNIVERSITY115,497115,497 **RECRUITING AND OTHER TRAINING EDUCATION** 040NATIONAL DEFENSE UNIVERSITY103,408103,408 **TOTAL, BUDGET ACTIVITY 3:****218,905****218,905** **BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES** **DEFENSE-WIDE ACTIVITIES** 050AMERICAN FORCES INFORMATION SERVICE00 060CIVIL MILITARY PROGRAMS132,231152,231 National Guard Youth Challenge Program[5,000]123 STAT. 2793 Junior ROTC[15,000] 080CLASSIFIED AND INTELLIGENCE00 090DEFENSE BUSINESS TRANSFORMATION AGENCY139,579117,829 DIMHRS Transfer to Services (Army, Navy and Air Force)[–21,750] 100DEFENSE CONTRACT AUDIT AGENCY458,316458,316 110DEFENSE FINANCE AND ACCOUNTING SERVICE00 120DEFENSE HUMAN RESOURCES ACTIVITY665,743665,743 130DEFENSE INFORMATION SYSTEMS AGENCY1,322,1631,322,163 150DEFENSE LEGAL SERVICES42,53242,532 160DEFENSE LOGISTICS AGENCY405,873414,873 Procurement and Technical Assistance Program[9,000] 170DEFENSE MEDIA ACTIVITY253,667253,667 180DEFENSE POW/MIA OFFICE20,67920,679 190DEFENSE TECHNOLOGY SECURITY AGENCY34,32534,325 200DEFENSE THREAT REDUCTION AGENCY385,453385,453 210DEPARTMENT OF DEFENSE EDUCATION AGENCY2,302,1162,305,516 SoAR Recruiting Initiative[3,400] 220DEFENSE CONTRACT MANAGEMENT AGENCY1,058,7211,058,721 230DEFENSE SECURITY COOPERATION AGENCY721,756621,756 Security and Stabilization (1207)[–100,000] 240DEFENSE SECURITY SERVICE497,857497,857 NATIONAL GUARD BORDER SECURITY00 260OFFICE OF ECONOMIC ADJUSTMENT37,16638,166 Redevelopment of Naval Station Ingleside[1,000] 270OFFICE OF THE SECRETARY OF DEFENSE1,955,9851,977,985 Readiness and Environmental Protection Initiative[20,000] Critical Language Training[2,000] 280WASHINGTON HEADQUARTERS SERVICE589,309589,309 **OTHER PROGRAMS** 999OTHER PROGRAMS13,046,20913,046,209 **TOTAL, BUDGET ACTIVITY 4:****24,069,680****24,003,330** Impact Aid30,000 Impact aid for children with severe disabilities5,000 **Total Operation and Maintenance, Defense-Wide ****28,357,246****28,327,396** **Operation and Maintenance, Army Reserve** **BUDGET ACTIVITY 01: OPERATING FORCES** **LAND FORCES** 010MANEUVER UNITS1,4031,403 020MODULAR SUPPORT BRIGADES12,70712,707 030ECHELONS ABOVE BRIGADE468,288468,288 040THEATER LEVEL ASSETS152,439152,439 050LAND FORCES OPERATIONS SUPPORT520,420520,420 060AVIATION ASSETS61,06361,063 **LAND FORCES READINESS** 070FORCE READINESS OPERATIONS SUPPORT290,443290,443 080LAND FORCES SYSTEMS READINESS106,569106,569 090LAND FORCES DEPOT MAINTENANCE94,49994,499 123 STAT. 2794 **LAND FORCES READINESS SUPPORT** 100BASE OPERATIONS SUPPORT522,310522,310 110FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION234,748234,748 120ADDITIONAL ACTIVITIES00 **TOTAL, BA 01: OPERATING FORCES****2,464,889****2,464,889** **LOGISTICS OPERATIONS** 130SERVICEWIDE TRANSPORTATION9,2919,291 **SERVICEWIDE SUPPORT** 140ADMINISTRATION72,07572,075 150SERVICEWIDE COMMUNICATIONS3,6353,635 160MANPOWER MANAGEMENT9,1049,104 170RECRUITING AND ADVERTISING61,20261,202 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****155,307****155,307** **Total Operation and Maintenance, Army Reserve****2,620,196****2,620,196** **Operation and Maintenance, Navy Reserve** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010MISSION AND OTHER FLIGHT OPERATIONS570,319570,319 020INTERMEDIATE MAINTENANCE16,59616,596 030AIR OPERATIONS AND SAFETY SUPPORT3,1713,171 040AIRCRAFT DEPOT MAINTENANCE125,004125,004 050AIRCRAFT DEPOT OPERATIONS SUPPORT397397 **SHIP OPERATIONS** 060MISSION AND OTHER SHIP OPERATIONS55,87355,873 070SHIP OPERATIONS SUPPORT & TRAINING592592 080SHIP DEPOT MAINTENANCE41,89941,899 **COMBAT OPERATIONS SUPPORT** 090COMBAT COMMUNICATIONS15,24115,241 100COMBAT SUPPORT FORCES142,924142,924 **WEAPONS SUPPORT** 110WEAPONS MAINTENANCE5,4945,494 **BASE SUPPORT** 120ENTERPRISE INFORMATION83,61183,611 130SUSTAINMENT, RESTORATION AND MODERNIZATION69,85369,853 140BASE OPERATING SUPPORT124,757124,757 **TOTAL, BA 01: OPERATING FORCES****1,255,731****1,255,731** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** 123 STAT. 2795 **SERVICEWIDE SUPPORT** 150ADMINISTRATION3,3233,323 160MILITARY MANPOWER AND PERSONNEL MANAGEMENT13,89713,897 170SERVICEWIDE COMMUNICATIONS1,9571,957 180OTHER SERVICEWIDE POWER00 **LOGISTICS OPERATIONS AND TECHNICAL SUPPORT** 190ACQUISITION AND PROGRAM MANAGEMENT3,5933,593 **CANCELLED ACCOUNTS** 200CANCELLED ACCOUNT ADJUSTMENTS00 210JUDGMENT FUND00 **OTHER PROGRAMS** 999OTHER PROGRAMS00 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****22,770****22,770** **Total Operation and Maintenance, Navy Reserve****1,278,501****1,278,501** **Operation and Maintenance, Marine Corps Reserve** **BUDGET ACTIVITY 01: OPERATING FORCES** **EXPEDITIONARY FORCES** 010OPERATING FORCES61,11761,117 020DEPOT MAINTENANCE13,21713,217 030TRAINING SUPPORT29,37329,373 **BASE SUPPORT** 040SUSTAINMENT, RESTORATION AND MODERNIZATION25,46625,466 050BASE OPERATING SUPPORT73,89973,899 **TOTAL, BA 01: OPERATING FORCES****203,072****203,072** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SERVICEWIDE ACTIVITIES** 060SPECIAL SUPPORT5,6395,639 070SERVICEWIDE TRANSPORTATION818818 080ADMINISTRATION10,64210,642 090RECRUITING AND ADVERTISING8,7548,754 **BASE SUPPORT** 100BASE OPERATING SUPPORT00 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****25,853****25,853** **Total Operation and Maintenance, Marine Corps Reserve****228,925****228,925**123 STAT. 2796 **Operation and Maintenance, Air Force Reserve** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010PRIMARY COMBAT FORCES2,049,3032,049,303 020MISSION SUPPORT OPERATIONS121,417121,417 030DEPOT MAINTENANCE441,958441,958 040FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION78,76378,763 050BASE SUPPORT258,091258,091 **TOTAL, BA 01: OPERATING FORCES****2,949,532****2,949,532** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SERVICEWIDE ACTIVITIES** 060ADMINISTRATION77,47677,476 070RECRUITING AND ADVERTISING24,55324,553 080MILITARY MANPOWER AND PERS MGMT (ARPC)20,83820,838 090OTHER PERS SUPPORT (DISABILITY COMP)6,1216,121 100AUDIOVISUAL708708 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****129,696****129,696** **Total Operation and Maintenance, Air Force Reserve****3,079,228****3,079,228** **Operation and Maintenance, Army National Guard** **BUDGET ACTIVITY 01: OPERATING FORCES** **LAND FORCES** 010MANEUVER UNITS876,269876,269 020MODULAR SUPPORT BRIGADES173,843173,843 030ECHELONS ABOVE BRIGADE615,160615,160 040THEATER LEVEL ASSETS253,997253,997 050LAND FORCES OPERATIONS SUPPORT34,44134,441 060AVIATION ASSETS819,031821,281 Joint Command Vehicle and Supporting C3 Systems[2,250] **LAND FORCES READINESS** 070FORCE READINESS OPERATIONS SUPPORT436,799436,799 080LAND FORCES SYSTEMS READINESS99,75799,757 090LAND FORCES DEPOT MAINTENANCE379,646379,646 **LAND FORCES READINESS SUPPORT** 100BASE OPERATIONS SUPPORT798,343800,943 North Carolina National Guard Family Assistance Centers[1,600]123 STAT. 2797 Our Military Kids[1,000] 110FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION580,171580,471 Camp Ethan Allen Training Site Road Equipment[300] 120MANAGEMENT AND OPERATIONAL HQ573,452573,452 130ADDITIONAL ACTIVITIES00 **TOTAL, BA 01: OPERATING FORCES****5,640,909****5,646,059** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SERVICEWIDE SUPPORT** 140ADMINISTRATION119,186119,186 150SERVICEWIDE COMMUNICATIONS48,02048,020 160MANPOWER MANAGEMENT7,9207,920 170RECRUITING AND ADVERTISING440,999440,999 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****616,125****616,125** **Total Operation and Maintenance, Army National Guard****6,257,034****6,262,184** **Operation and Maintenance, Air National Guard** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010AIRCRAFT OPERATIONS3,347,6853,347,685 020MISSION SUPPORT OPERATIONS779,917779,917 030DEPOT MAINTENANCE780,347780,347 040FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION302,949302,949 050BASE SUPPORT606,916606,916 **TOTAL, BA 01: OPERATING FORCES****5,817,814****5,817,814** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SERVICEWIDE ACTIVITIES** 060ADMINISTRATION35,17435,174 070RECRUITING AND ADVERTISING32,77332,773 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****67,947****67,947** **Total Operation and Maintenance, Air National Guard****5,885,761****5,885,761** **MISCELLANEOUS APPROPRIATIONS** 010US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE13,93213,932123 STAT. 2798 010ACQUISITION WORKFORCE DEVELOPMENT FUND100,000100,000 010OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID109,869109,869 010COOPERATIVE THREAT REDUCTION404,093424,093 Program increase[20,000] 020ENVIRONMENTAL RESTORATION, ARMY415,864415,864 030ENVIRONMENTAL RESTORATION, NAVY285,869285,869 040ENVIRONMENTAL RESTORATION, AIR FORCE494,276494,276 050ENVIRONMENTAL RESTORATION, DEFENSE11,10011,100 060ENVIRONMENTAL RESTORATION FORMERLY USED SITES267,700267,700 070OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND5,0000 Program decrease[–5,000] 080IRAQ FREEDOM FUND00 **TOTAL, MISCELLANEOUS APPROPRIATIONS****2,107,703****2,122,703** **TOTAL TITLE III—OPERATION AND MAINTENANCE****156,444,204****156,179,872** SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS. **OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS** (In Thousands of Dollars) **Line****Item****FY 2010** ** Request****Conference** **Authorized** **Operation and Maintenance, Army** **BUDGET ACTIVITY 01: OPERATING FORCES** **LAND FORCES READINESS SUPPORT** 140ADDITIONAL ACTIVITIES36,330,89936,330,899 150COMMANDERS EMERGENCY RESPONSE PROGRAM1,500,0001,300,000 Program reduction[–200,000] 160RESET7,867,5517,867,551 **TOTAL, BA 01: OPERATING FORCES****45,698,450****45,498,450** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SECURITY PROGRAMS** 340SECURITY PROGRAMS1,426,3091,426,309 **LOGISTICS OPERATIONS** 350SERVICEWIDE TRANSPORTATION5,045,9025,045,902 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****6,472,211****6,472,211** Army end strength budget amendment[196,100] **Total Operation and Maintenance, Army****52,170,661****52,166,761** **Operation and Maintenance, Navy**123 STAT. 2799 **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010MISSION AND OTHER FLIGHT OPERATIONS1,138,3981,138,398 020FLEET AIR TRAINING2,6402,640 030AVIATION TECHNICAL DATA & ENGINEERING SERVICES1,2121,212 040AIR OPERATIONS AND SAFETY SUPPORT26,81526,815 050AIR SYSTEMS SUPPORT44,53244,532 060AIRCRAFT DEPOT MAINTENANCE158,559158,559 **SHIP OPERATIONS** 080MISSION AND OTHER SHIP OPERATIONS651,209651,209 090SHIP OPERATIONS SUPPORT & TRAINING22,48922,489 100SHIP DEPOT MAINTENANCE1,001,0371,001,037 Transfer to base **COMBAT OPERATIONS/SUPPORT** 120COMBAT COMMUNICATIONS20,70420,704 150WARFARE TACTICS15,91815,918 160OPERATIONAL METEOROLOGY AND OCEANOGRAPHY16,88916,889 170COMBAT SUPPORT FORCES1,891,7991,891,799 180EQUIPMENT MAINTENANCE306306 200COMBATANT COMMANDERS CORE OPERATIONS6,9296,929 210COMBATANT COMMANDERS DIRECT MISSION SUPPORT7,3447,344 **WEAPONS SUPPORT** 240IN-SERVICE WEAPONS SYSTEMS SUPPORT68,75968,759 250WEAPONS MAINTENANCE82,49682,496 260OTHER WEAPON SYSTEMS SUPPORT16,90216,902 **BASE SUPPORT** 280SUSTAINMENT, RESTORATION AND MODERNIZATION7,6297,629 290BASE OPERATING SUPPORT338,604338,604 **TOTAL, BA 01: OPERATING FORCES****5,521,170****5,521,170** **BUDGET ACTIVITY 02: MOBILIZATION** **READY RESERVE AND PREPOSITIONING FORCES** 300SHIP PREPOSITIONING AND SURGE27,29027,290 **MOBILIZATION PREPAREDNESS** 330FLEET HOSPITAL PROGRAM4,3364,336 350COAST GUARD SUPPORT245,039245,039 **TOTAL, BA 02: MOBILIZATION****276,665****276,665** **BUDGET ACTIVITY 03: TRAINING AND RECRUITING** **BASIC SKILLS AND ADVANCED TRAINING** 390SPECIALIZED SKILL TRAINING97,99597,995 420TRAINING SUPPORT5,4635,463 123 STAT. 2800 **TOTAL, BA 03: TRAINING AND RECRUITING****103,458****103,458** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SERVICEWIDE SUPPORT** 470ADMINISTRATION3,8993,899 480EXTERNAL RELATIONS463463 500MILITARY MANPOWER AND PERSONNEL MANAGEMENT563563 510OTHER PERSONNEL SUPPORT2,5252,525 520SERVICEWIDE COMMUNICATIONS23,55723,557 **LOGISTICS OPERATIONS AND TECHNICAL SUPPORT** 540SERVICEWIDE TRANSPORTATION223,890223,890 570ACQUISITION AND PROGRAM MANAGEMENT642642 **INVESTIGATIONS AND SECURITY PROGRAMS** 610NAVAL INVESTIGATIVE SERVICE37,45237,452 **OTHER PROGRAMS** 999OTHER PROGRAMS25,29925,299 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****318,290****318,290** **Total Operation and Maintenance, Navy****6,219,583****6,219,583** **Operation and Maintenance, Marine Corps** **BUDGET ACTIVITY 01: OPERATING FORCES** **EXPEDITIONARY FORCES** 010OPERATIONAL FORCES2,048,8442,048,844 020FIELD LOGISTICS486,014486,014 030DEPOT MAINTENANCE554,000554,000 **USMC PREPOSITIONING** 060NORWAY PREPOSITIONING950950 **BASE SUPPORT** 090BASE OPERATING SUPPORT121,700121,700 **TOTAL, BA 01: OPERATING FORCES****3,211,508****3,211,508** **BUDGET ACTIVITY 03: TRAINING AND RECRUITING** **BASIC SKILLS AND ADVANCED TRAINING** 120SPECIALIZED SKILL TRAINING6,3036,303 140PROFESSIONAL DEVELOPMENT EDUCATION923923 150TRAINING SUPPORT205,625205,625 **TOTAL, BA 03: TRAINING AND RECRUITING****212,851****212,851** 123 STAT. 2801 **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **SERVICEWIDE SUPPORT** 210SPECIAL SUPPORT2,5762,576 220SERVICEWIDE TRANSPORTATION269,415269,415 230ADMINISTRATION5,2505,250 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****277,241****277,241** **Total Operation and Maintenance, Marine Corps****3,701,600****3,701,600** **Operation and Maintenance, Air Force** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010PRIMARY COMBAT FORCES1,582,4311,582,431 020COMBAT ENHANCEMENT FORCES1,460,0181,460,018 030AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)109,255109,255 050DEPOT MAINTENANCE304,540304,540 060FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION121,881121,881 070BASE SUPPORT1,394,8091,394,809 **COMBAT RELATED OPERATIONS** 080GLOBAL C3I AND EARLY WARNING130,885130,885 090OTHER COMBAT OPS SPT PROGRAMS407,554407,554 **SPACE OPERATIONS** 130SPACE CONTROL SYSTEMS38,67738,677 **COCOM** 140COMBATANT COMMANDERS DIRECT MISSION SUPPORT157,000157,000 **TOTAL, BA 01: OPERATING FORCES****5,707,050****5,707,050** **BUDGET ACTIVITY 02: MOBILIZATION** **MOBILITY OPERATIONS** 160AIRLIFT OPERATIONS3,171,1483,171,148 170MOBILIZATION PREPAREDNESS169,659169,659 180DEPOT MAINTENANCE167,070167,070 190FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION942942 200BASE SUPPORT45,99845,998 **TOTAL, BA 02: MOBILIZATION****3,554,817****3,554,817** **BUDGET ACTIVITY 03: TRAINING AND RECRUITING** **ACCESSION TRAINING**123 STAT. 2802 240FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION1,0191,019 250BASE SUPPORT19,36119,361 **BASIC SKILLS AND ADVANCED TRAINING** 260SPECIALIZED SKILL TRAINING48,44248,442 270FLIGHT TRAINING291291 280PROFESSIONAL DEVELOPMENT EDUCATION1,5001,500 290TRAINING SUPPORT1,4271,427 **TOTAL, BA 03: TRAINING AND RECRUITING****72,040****72,040** **BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES** **LOGISTICS OPERATIONS** 370LOGISTICS OPERATIONS328,009328,009 420BASE SUPPORT35,32235,322 **SERVICEWIDE ACTIVITIES** 430ADMINISTRATION9,0009,000 440SERVICEWIDE COMMUNICATIONS178,470178,470 **SECURITY PROGRAMS** 470SECURITY PROGRAMS142,160142,160 **TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES****692,961****692,961** **Total Operation and Maintenance, Air Force****10,026,868****10,026,868** **Operation and Maintenance, Defense-wide** **BUDGET ACTIVITY 1: OPERATING FORCES** **DEFENSE-WIDE ACTIVITIES** 010JOINT CHIEFS OF STAFF25,00025,000 020SPECIAL OPERATIONS COMMAND2,519,9352,519,935 **TOTAL, BUDGET ACTIVITY 1:****2,544,935****2,544,935** **BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES** **DEFENSE-WIDE ACTIVITIES** 100DEFENSE CONTRACT AUDIT AGENCY13,90813,908 130DEFENSE INFORMATION SYSTEMS AGENCY245,117245,117 150DEFENSE LEGAL SERVICES115,000115,000 170DEFENSE MEDIA ACTIVITY13,36413,364 200DEFENSE THREAT REDUCTION AGENCY2,0182,018 210DEPARTMENT OF DEFENSE EDUCATION AGENCY553,600553,600 220DEFENSE CONTRACT MANAGEMENT AGENCY63,13063,130 230DEFENSE SECURITY COOPERATION AGENCY1,950,0001,950,000 270OFFICE OF THE SECRETARY OF DEFENSE79,04779,047 **OTHER PROGRAMS**123 STAT. 2803 999OTHER PROGRAMS1,998,1811,998,181 **TOTAL, BUDGET ACTIVITY 4:****5,033,365****5,033,365** Army end strength budget amendment5,100 **Total Operation and Maintenance, Defense-Wide ****7,578,300****7,583,400** **Operation and Maintenance, Army Reserve** **BUDGET ACTIVITY 01: OPERATING FORCES** **LAND FORCES** 030ECHELONS ABOVE BRIGADE86,88186,881 050LAND FORCES OPERATIONS SUPPORT40,67540,675 **LAND FORCES READINESS** 070FORCE READINESS OPERATIONS SUPPORT21,27021,270 080LAND FORCES SYSTEMS READINESS17,50017,500 **LAND FORCES READINESS SUPPORT** 100BASE OPERATIONS SUPPORT38,00038,000 **TOTAL, BA 01: OPERATING FORCES****204,326****204,326** **Total Operation and Maintenance, Army Reserve****204,326****204,326** **Operation and Maintenance, Navy Reserve** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010MISSION AND OTHER FLIGHT OPERATIONS26,67326,673 020INTERMEDIATE MAINTENANCE400400 040AIRCRAFT DEPOT MAINTENANCE3,6003,600 **SHIP OPERATIONS** 060MISSION AND OTHER SHIP OPERATIONS7,4167,416 080SHIP DEPOT MAINTENANCE8,9178,917 **COMBAT OPERATIONS SUPPORT** 090COMBAT COMMUNICATIONS3,1473,147 100COMBAT SUPPORT FORCES13,42813,428 **BASE SUPPORT** 140BASE OPERATING SUPPORT4,4784,478 **TOTAL, BA 01: OPERATING FORCES****68,059****68,059** **Total Operation and Maintenance, Navy Reserve****68,059****68,059** **Operation and Maintenance, Marine Corps Reserve**123 STAT. 2804 **BUDGET ACTIVITY 01: OPERATING FORCES** **EXPEDITIONARY FORCES** 010OPERATING FORCES77,84977,849 **BASE SUPPORT** 050BASE OPERATING SUPPORT8,8188,818 **TOTAL, BA 01: OPERATING FORCES****86,667****86,667** **Total Operation and Maintenance, Marine Corps Reserve****86,667****86,667** **Operation and Maintenance, Air Force Reserve** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010PRIMARY COMBAT FORCES3,6183,618 020MISSION SUPPORT OPERATIONS7,2767,276 030DEPOT MAINTENANCE114,531114,531 050BASE SUPPORT500500 **TOTAL, BA 01: OPERATING FORCES****125,925****125,925** **Total Operation and Maintenance, Air Force Reserve****125,925****125,925** **Operation and Maintenance, Army National Guard** **BUDGET ACTIVITY 01: OPERATING FORCES** **LAND FORCES** 010MANEUVER UNITS89,66689,666 020MODULAR SUPPORT BRIGADES1,1961,196 030ECHELONS ABOVE BRIGADE18,36018,360 040THEATER LEVEL ASSETS380380 060AVIATION ASSETS59,35759,357 **LAND FORCES READINESS** 070FORCE READINESS OPERATIONS SUPPORT94,45894,458 **LAND FORCES READINESS SUPPORT** 100BASE OPERATIONS SUPPORT22,53622,536 120MANAGEMENT AND OPERATIONAL HQ35,69335,693 **TOTAL, BA 01: OPERATING FORCES****321,646****321,646** **Total Operation and Maintenance, Army National Guard****321,646****321,646** 123 STAT. 2805 **Operation and Maintenance, Air National Guard** **BUDGET ACTIVITY 01: OPERATING FORCES** **AIR OPERATIONS** 010AIRCRAFT OPERATIONS103,259103,259 020MISSION SUPPORT OPERATIONS51,30051,300 030DEPOT MAINTENANCE135,303135,303 **TOTAL, BA 01: OPERATING FORCES****289,862****289,862** **Total Operation and Maintenance, Air National Guard****289,862****289,862** **Afghanistan Security Forces Fund ** 010INFRASTRUCTURE868,320868,320 020EQUIPMENT AND TRANSPORTATION1,615,1921,615,192 030TRAINING AND OPERATIONS272,998272,998 040SUSTAINMENT1,945,8871,945,887 060INFRASTRUCTURE605,584605,584 070EQUIPMENT AND TRANSPORTATION279,186279,186 080TRAINING AND OPERATIONS648,217648,217 090SUSTAINMENT1,219,9661,219,966 120SUSTAINMENT5,9195,919 130TRAINING AND OPERATIONS1,5001,500 **TOTAL, Afghanistan Security Forces Fund****7,462,769****7,462,769** **Pakistan Counterinsurgency Capability Fund** INFRASTRUCTURE41,9700 Realigned from Defense to International Affairs[–41,970] EQUIPMENT/TRANSPORTATION397,9070 Realigned from Defense to International Affairs[–397,907] TRAINING AND OPERATIONS67,9530 Realigned from Defense to International Affairs[–67,953] INFRASTRUCTURE73,0000 Realigned from Defense to International Affairs[–73,000] EQUIPMENT/TRANSPORTATION107,0000 Realigned from Defense to International Affairs[–107,000] TRAINING AND OPERATIONS8,1700 Realigned from Defense to International Affairs[–8,170] HUMANITARIAN ASSISTANCE4,0000 Realigned from Defense to International Affairs[–4,000] **TOTAL, Pakistan Counterinsurgency Capability Fund****700,000****0** **MISCELLANEOUS APPROPRIATIONS** 080IRAQ FREEDOM FUND115,3000 Program reduction[–115,300]123 STAT. 2806 **TOTAL, MISCELLANEOUS APPROPRIATIONS****115,300****0** **TOTAL TITLE III—OPERATION AND MAINTENANCE****89,071,566****88,257,466** TITLE XLIV—OTHER AUTHORIZATIONS SEC. 4401. OTHER AUTHORIZATIONS. **OTHER AUTHORIZATIONS** (In Thousands of Dollars) Program TitleFY 2010 RequestConference Authorized **REVOLVING AND MANAGEMENT FUNDS** **DEFENSE WORKING CAPITAL FUNDS** DEFENSE WORKING CAPITAL FUNDS141,388141,388 DEFENSE COMMISSARY AGENCY1,313,6161,313,616 **Total, Defense Working Capital Funds****1,455,004****1,455,004** **NATIONAL DEFENSE SEALIFT FUND** **Strategic Ship Acquisition** T–AKE940,115940,115 MLP120,047120,047 OUTFITTING AND POST DELIVERY29,74029,740 **DoD Mobilization Assets** NATIONAL DEFENSE SEALIFT VESSEL1,4381,438 LMSR MAINTENANCE96,36396,363 DOD MOBILIZATION ALTERATIONS64,16764,167 T–AH MAINTENANCE37,62737,627 **Strategic Sealift Support** STRATEGIC SEALIFT SUPPORT4,7944,794 **Sealift Research and Development** RESEARCH AND DEVELOPMENT72,98372,983 **Ready Reserve Force** READY RESERVE FORCE275,484275,484 **Total, National Defense Sealift Fund****1,642,758****1,642,758** **DEFENSE COALITION SUPPORT FUND** DEFENSE COALITION SUPPORT FUND22,0000 **Total Revolving and Management Funds****3,119,762****3,097,762** **MILITARY PROGRAMS** **DEFENSE HEALTH PROGRAM** DEFENSE HEALTH PROGRAM—O&M26,967,91927,094,849 TRICARE Continuation Pending MEDICARE Eligibility[4,000] Transitional Dental Care (S712)[11,000] Pre-mobilization health care coverage for Reservists and their families[92,000] Madigan Medical Center Trauma Assistance Program[2,500] Fort Drum Regional Health Planning Organization[430] Extend Dental Coverage to Dependent Survivors[2,000] Chiropractic Clinical Trials[5,000] TRICARE Coverage for Gray-Area Retirees[10,000] DEFENSE HEALTH PROGRAM—R&D613,102616,102123 STAT. 2807 USUHS Immersive, Wide Area Virtual Environment[3,000] DEFENSE HEALTH PROGRAM—PROCUREMENT322,142322,142 **Total Defense Health Program****27,903,163****28,033,093** **CHEMICAL AGENTS AND MUNITIONS DESTRUCTION** CHEM DEMILITARIZATION—O&M1,146,8021,146,802 CHEM DEMILITARIZATION—RDT&E401,269401,269 CHEM DEMILITARIZATION—PROC12,68912,689 **Total Chemical Agents and Munitions Destruction****1,560,760****1,560,760** **DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES** DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE1,058,9841,054,234 EUCOM Interagency Fusion Centers (PC2365)[–750] PC9205 EUCOM CN Operation Support—excessive growth[–2,000] PC9206 AFRICOM CN Operational Support—excessive growth[–2,000] **Total Drug Interdiction and Counter-Drug Activities****1,058,984****1,054,234** **OFFICE OF THE INSPECTOR GENERAL** OFFICE OF THE INSPECTOR GENERAL—O&M271,444287,100 Second year growth plan[15,656] OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT1,0001,000 **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 Function 600)134,000134,000 SEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. **OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS** (In Thousands of Dollars) **Program Title****FY 2010** ** Request****Conference** **Authorized** **REVOLVING AND MANAGEMENT FUNDS** **DEFENSE WORKING CAPITAL FUNDS** DEFENSE WORKING CAPITAL FUNDS396,915396,915 **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&M1,155,2351,256,675 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, DEFENSE324,603356,603123 STAT. 2808 International Support—US CENTCOM CN Training—Mi–17 Procurement[32,000] **Total Drug Interdiction and Counter-Drug Activities****324,603****356,603** **OFFICE OF THE INSPECTOR GENERAL** OFFICE OF THE INSPECTOR GENERAL—O&M8,8768,876 **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) **Account****State/Country and Installation****Project Title****Budget** ** Request****Conference** **Agreement** Alabama Army Anniston Army Depot Industrial Area Elec System Upgrade3,300 ARNG Fort McClellan Urban Assault Course3,0003,000 Army Redstone Arsenal Gate 7 Access Control Point3,550 Def-Wide Redstone Arsenal Missile and Space Intel Center Eoe Complex 12,000 Alaska Air Force Clear AFS Power Plant Facility24,300 24,300 Air Force Eielson AFB Arctic Utilidors—phase 19,900 Air Force Eielson AFB Taxiway Lighting3,450 Air Force Elmendorf AFB Red Flag Alaska Add/Alter Operations Center3,1003,100 Air Force Elmendorf AFB F–22 Weapons Load Training Facility12,60012,600 Def-Wide Elmendorf AFB Aeromedical Services/Mental Health Clinic25,01725,017 Army Fort Richardson Airborne Sustainment Training Complex6,1006,100 Army Fort Richardson Training Aids Center2,0502,050 Army Fort Richardson Warrior In Transition Complex43,00043,000 Army Fort Richardson Combat Pistol Range4,900 Def-Wide Fort Richardson Health Clinic3,5183,518 Army Fort Wainwright Railhead Complex26,00026,000 Army Fort Wainwright Aviation Unit Operations Complex19,00019,000 Army Fort Wainwright Aviation Task Force Complex, Ph 1, Inc 1125,00095,000 Army Fort Wainwright Warrior In Transition Complex28,00028,000 Arizona ARNG Camp Navajo Combat Pistol Qualification Course3,0003,000 Air_Guard Davis-Monthan AFB TFI-Predator Beddown-FOC5,6005,600 Air Force Davis-Monthan AFB Dormitory (144 Rm)20,00020,000 Air Force Davis-Monthan AFB CSAR HC–130J Simulator Facility8,4008,400 Air Force Davis-Monthan AFB CSAR HC–130J Rqs Operations Facility8,7008,700 Air Force Davis-Monthan AFB CSAR HC–130J Infrastructure4,8004,800 Army Fort Huachuca UAV ER/MPER/MP15,00015,000 Army Fort Huachuca Battalion Headquarters UAV6,0006,000 Army Fort Huachuca Fire Station, Two company6,700 Milcon, Naval Res Phoenix Reserve Center Move To Luke AFB, NOSC Phoenix10,98610,986 Navy Yuma Aircraft Maintenance Hanger (phase 1)27,05027,050 Navy Yuma Airfield Elec. Dist. and Contol1,7201,720123 STAT. 2809 Arkansas Air Force Little Rock AFB C–130 Flight Simulator Addition5,8005,800 Air Force Little Rock AFB Security Forces Operations Facility10,400 Army Pine Bluff Arsenal Fuse & Detonator Magazine, Depot Level25,00025,000 California Milcon, Naval Res Alameda Reserve Training Center—Alameda, Ca5,9605,960 Navy Bridgeport Fire Station—Renovation—MWTC4,4604,460 Navy Bridgeport Mountain Warfare Training, Commissary6,830 Navy Camp Pendleton Anglico Operations Complex25,19025,190 Navy Camp Pendleton Recon Bn Operations Complex77,66077,660 Navy Camp Pendleton Comm/elec Maintenance Facility13,17013,170 Navy Camp Pendleton Expansion Of SRTTP To 7.5 MGD55,18055,180 Navy Camp Pendleton North Region Tertiary Treatment Plant (Incr 1)142,330112,330 Navy Camp Pendleton Gas/Electrical Upgrades51,04051,040 Navy Camp Pendleton Recruit Barracks—School of Infantry53,32053,320 Navy Camp Pendleton Enlisted Dining Facility32,30032,300 Navy Camp Pendleton Recruit Barracks—field/K–span23,20023,200 Navy Camp Pendleton Communications Upgrades79,49279,492 Navy Camp Pendleton Electrical Distribution System76,95076,950 Navy Camp Pendleton Operations Access Points12,74012,740 Navy Camp Pendleton Enlisted Dining Facility—Edson Range37,67037,670 Navy Camp Pendleton BEQ39,61039,610 Navy Camp Pendleton Recruit Marksmanship Training Facility13,73013,730 Navy Camp Pendleton Expand Combat Aircraft Loading Apron12,24012,240 Navy Camp Pendleton Aviation Transmitter/Receiver Site13,56013,560 Navy Camp Pendleton WFTBN Support Facilities15,78015,780 USAR Camp Pendleton Army Reserve Center19,50019,500 Def-Wide Coronado SOF Close Quarters Combat Training Facility15,72215,722 Navy Edwards AFB Edwards Ramp Extension3,0073,007 Def-Wide El Centro Aircraft Direct Fueling Station11,00011,000 Army Fort Irwin Mout Assault Course, Ph 49,5009,500 Air_Guard Fresno Yosemite IAP ANG 144th Squadron Operations Facility9,800 ARNG Los Alamitos Readiness Center Ph131,00031,000 USAR Los Angeles Army Reserve Center29,00029,000 Air Force Los Angeles AFB Consolidated Parking Area, Ph18,000 AF Reserve March ARB Small Arms Firing Range9,800 Navy Miramar Aircraft Parking Apron Modification9,2809,280 Navy Monterey NSA Marine Meteorology Center10,240 Def-Wide Point Loma Annex Replace Fuel Storage Fac Incr 292,30092,300 Navy Point Loma Annex Alter/Add Marine Mammal Surgical Center2,330 Navy Point Loma Annex Public Works Shops Consolidation8,7308,730 Navy San Diego Messhall Expansion23,59023,590 Air_Guard Socal Logistics Airport TFI-Predator Beddown—FTU/LRE Site8,4008,400 Air Force Travis AFB Construct Kc–10 Cargo Load Training Facility6,9006,900 Air Force Travis AFB Taxiway M Bypass Load6,000 Def-Wide Travis AFB Replace Fuel Distribution System15,35715,357 Navy Twentynine Palms Station Comm Facility and Infrastructure49,04049,040 Navy Twentynine Palms Sub-Station and Electrical Upgrades31,31031,310 Navy Twentynine Palms Elec. Infra. Upgrade—34.5kv To 115kv46,22046,220 Navy Twentynine Palms Elec. Power Plant/CO—GEN/Gas Turbine—n53,26053,260 Navy Twentynine Palms Water Improvements and Storage Tank30,61030,610 Navy Twentynine Palms Sewage System Imp. and Lift Station5,8005,800 Navy Twentynine Palms HTHW/chilled Water System25,79025,790 Navy Twentynine Palms Natural Gas System Extension19,99019,990 Navy Twentynine Palms Industrial Waste Water Pretreatment Sys.3,3303,330 Navy Twentynine Palms Laydown Site Work—north mainside21,74021,740 Navy Twentynine Palms Secondary elec.dist.—north mainside31,72031,720 Navy Twentynine Palms Construct Loads—north mainside29,36029,360123 STAT. 2810 Navy Twentynine Palms Maint. Shop—wheeled16,04016,040 Navy Twentynine Palms Maint. Sunshades— wheeled12,58012,580 Navy Twentynine Palms Comm/Elect Maint/Storage12,66012,660 Navy Twentynine Palms Dining Facility—north mainside17,20017,200 Navy Twentynine Palms BEQ37,29037,290 Navy Twentynine Palms Maint. Shop—tracked19,78019,780 Navy Twentynine Palms BEQ37,29037,290 Navy Twentynine Palms Consolidated Armory— tanks12,67012,670 Air Force Vandenberg AFB Child Development Center13,00013,000 Colorado Air_Guard Buckley Ang Base Add/Alter Weapons Release4,500 USAR Colorado Springs Army Reserve Center/land13,00013,000 Army Fort Carson Training Aids Center18,50018,500 Army Fort Carson Brigade Complex69,00069,000 Army Fort Carson Brigade Complex, Ph 1102,000 Army Fort Carson Railroad Tracks14,00014,000 Army Fort Carson Warrior In Transition
(WT)Complex56,00056,000 Army Fort Carson Automated Qualification Training Range11,00011,000 Army Fort Carson Modified Record Fire Range4,4504,450 Army Fort Carson Automated Multipurpose Machine Gun Range7,4007,400 Army Fort Carson Scout/recce Gunnery Complex16,00016,000 Army Fort Carson Urban Assault Course3,1003,100 Army Fort Carson Convoy Live Fire Range6,5006,500 Army Fort Carson Commissary35,00035,000 Army Fort Carson Barracks & dining, Increment 260,00060,000 Def-Wide Fort Carson SOF Battalion Ops Complex45,20045,200 Def-Wide Fort Carson SOF Military Working Dog Facility3,0463,046 Def-Wide Fort Carson Health and Dental Clinic52,77331,900 Air Force Peterson AFB East Gate Realignment7,200 Air Force Peterson AFB C–130 Squad Ops/AMU (TFI)5,2005,200 Air Force Peterson AFB National Security Space Institute19,90019,900 Chem Demil Pueblo Depot Ammunition Demilitarization Facility, Ph XI92,50092,500 AF Reserve Schriever AFB Wing Headquarters10,20010,200 Air Force U.S. Air Force Academy Add To Cadet Fitness Center17,50017,500 Connecticut Air_Guard Bradley National Airport CNAF Beddown Upgrade Facilities9,000 USAR Bridgeport Army Reserve Center/land18,50018,500 Navy New London NSB Mk–48 Torpedo Magazine6,570 Delaware Air Force Dover AFB C–5 Cargo Aircraft maint Training Facility P15,3005,300 Air Force Dover AFB Consol Comm Fac12,10012,100 Air Force Dover AFB Chapel Center7,500 Florida Navy Blount Island Port Operations Facility3,7603,760 Air Force Eglin AFB F–35 Duke Control Tower3,4203,420 Air Force Eglin AFB Construct Dormitory (96 rm)11,00011,000 Air Force Eglin AFB F–35 Pol Ops Facility3,1805,236 Air Force Eglin AFB F–35 Hydrant Refueling System Phase 18,10014,308 Air Force Eglin AFB F–35 Parallel Taxiway lAdder1,4402,371 Air Force Eglin AFB F–35 JPS Flightline fillstands5,4008,892 Air Force Eglin AFB F–35 JP–8 West Side bulk Fuel Tank Upgrades9601,581 Air Force Eglin AFB F–35 Live Ordinance Load Facility9,9009,900 Air Force Eglin AFB F–35 A/C Parking Apron16,40027,652 Army Eglin AFB Operations Complex, Ph 380,00080,000 Army Eglin AFB Indoor Firing Range8,9008,900 Army Eglin AFB Live Fire Exercise Shoothouse8,0008,000 Army Eglin AFB Live Fire Exercise Breach Facility4,9504,950 Army Eglin AFB Non-standard Small Arms range3,4003,400 Army Eglin AFB Grenade Launcher Range1,6001,600 Army Eglin AFB Hand Grenade Qualification Course1,4001,400 Army Eglin AFB Urban Assault Course2,7002,700123 STAT. 2811 Army Eglin AFB Anti-armor, Tracking & Live Fire Range3,4003,400 Army Eglin AFB Automated Qualification/Training Range12,00012,000 Army Eglin AFB Light Demolition Range2,2002,200 Army Eglin AFB Basic 10m–25m Firing range (zero)3,0503,050 Def-Wide Eglin AFB SOF Military Working Dog Facility3,0463,046 Navy Eglin AFB F–35 Hydrant Refueling sys, Ph 16,208 Navy Eglin AFB F–35 Parallel Taxiway ladder931 Navy Eglin AFB F–35 A/C Parking Apron11,252 Navy Eglin AFB Bachelor Enlisted Quarters, EOD School, Phase26,28726,287 Navy Eglin AFB F–35 JP8 West Side Bulk Tank Upgrades621 Navy Eglin AFB F–35 Pol Operations Facility (Eglin)2,056 Navy Eglin AFB F–35 JP8 Flightline Fillstands (Eglin)3,492 Army Eglin AFB (Camp Rudder) Elevated Water Storage Tank1,200 Air Force Hurlburt Field Refueling Vehicle Maintenance Facility2,2002,200 Air Force Hurlburt Field Electrical Distribution Substation8,3008,300 Air Force Hurlburt Field Flight Test Opns Fac (413 Flts)9,400 Def-Wide Hurlburt Field SOF Simulator Facility for Mc–130 (recap)8,1568,156 Navy Jacksonville P–8/MMA Facilities Modification5,9175,917 Def-Wide Jacksonville IAP Replace Jet Fuel Storage Complex11,50011,500 Air Force Macdill AFB Dormitory (120 Room)16,00016,000 Air Force Macdill AFB Child Development Center7,0007,000 Air Force Macdill AFB Centcom Commandant Facility15,30015,300 Air Force Macdill AFB Consolidated Commo Facility21,000 Navy Mayport Fitness Ctr26,360 Navy Mayport Wharf Charlie Repair29,68229,682 Navy Mayport Channel Dredging46,30346,303 Army Miami Doral Southcom Headquarters, incr 355,40055,400 USAR Panama City Army Reserve Center/land7,3007,300 Air Force Patrick AFB Combat Weapons Training Facility8,400 Navy Pensacola Corry “A” School bachelor Enlisted Quarters R22,95022,950 Navy Pensacola Simulator Addition For umfo Program3,2113,211 USAR West Palm Beach Army Reserve Center/land26,00026,000 Navy Whiting Field T–6B JPATS Trng. Ops Paraloft Facility4,1204,120 Georgia Navy Albany MCLB Wpns Maint Hardstand Fac4,870 USAR Atlanta Army Reserve Center/land14,00014,000 Army Fort Benning Combined Arms Collective Training Facility10,80010,800 Army Fort Benning Fire and Movement Range2,8002,800 Army Fort Benning Battle Lab30,00030,000 Army Fort Benning Training Area Tank Trails9,7009,700 Army Fort Benning Training Battalion Complex38,00038,000 Army Fort Benning Dining Facility15,00015,000 Army Fort Benning Warrior In Transition
(WT)Complex53,00053,000 Army Fort Benning Training Battalion Complex, Ph 131,00031,000 Army Fort Benning Training Battalion Complex, Ph 131,00031,000 Army Fort Benning Trainee Barracks Complex, Ph 174,00074,000 ARNG Fort Benning Readiness Center15,50015,500 Def-Wide Fort Benning Wilson Es Construct Gymnasium2,3302,330 Def-Wide Fort Benning SOF Expand Battalion Headquarters3,0463,046 Def-Wide Fort Benning Blood Donor Center Replacement12,31312,313 Def-Wide Fort Benning Dental Clinic4,8874,887 Army Fort Gillem Forensic Lab10,80010,800 Army Fort Stewart Brigade Complex93,00048,000 Army Fort Stewart Automated Sniper Field Fire Range3,4003,400 Army Fort Stewart Warrior In Transition
(WT)Complex49,00049,000 Army Fort Stewart Barracks & Dining, Increment 280,00080,000 Def-Wide Fort Stewart New Elementary School22,502 Def-Wide Fort Stewart New Elementary School22,50122,501 Def-Wide Fort Stewart Health and Dental Clinic26,38622,200 ARNG Hunter Army Airfield Aviation Readiness Center8,967 Air Force Moody AFB Rescue Opns/maint HQ Fac10,000123 STAT. 2812 Air Force Warner Robins AFB Hot Cargo Pad/taxiway6,200 Hawaii Def-Wide Ford Island Pacific Operations Facility Upgrade9,6339,633 Air Force Hickam AFB Ground Control Tower4,000 Air_Guard Hickam AFB TFI—F–22 LO/composite repair Facility26,00026,000 Air_Guard Hickam AFB TFI—F–22 Parking Apron and Taxiways7,0007,000 Navy Navsta Pearl Harbor Production Services Support Facility25,070 Navy Oahu Range, 1000 - Puuloa5,3805,380 Navy Pearl Harbor Pacflt Sub Drive-in Mag Silencing Fac (inc)8,6458,645 Navy Pearl Harbor APCSS Conference & Technology Learning Center12,77512,775 Navy Pearl Harbor Missile Magazines (5), West Loch22,40722,407 Army Schofield Barracks Vehicle Maintenance Shop63,00063,000 Army Schofield Barracks Vehicle Maintenance Shop36,00036,000 Army Schofield Barracks Warrior In Transition
(WT)Barracks55,00055,000 Army Schofield Barracks Warrior In Transition Complex30,00030,000 Air Force Wheeler AAF Construct ASOC Complex15,00015,000 Army Wheeler AAF Regional SATCOM Information Center7,5007,500 Idaho ARNG Gowen Field Combined Arms Collective Training Facility16,10016,100 Air Force Mountain Home AFB Logistics Readiness Center20,00020,000 Illinois USAR Chicago Army Reserve Center23,00023,000 Milcon, Naval Res Joliet Army Ammo Plant Reserve Training Center—Joliet, Il7,9577,957 Air_Guard Lincoln Capital Airport Security Improv—Relocate Entrance3,000 ARNG Milan Readiness Center5,600 Air Force Scott AFB Aeromedical Evac Facility7,400 Indiana ARNG Muscatatuck Combined Arms Collective Training Facility Ph10,10010,100 Navy Naval Support Activity Crane Strategic Weapons Systems Engineering Facility13,710 Iowa ARNG Camp Dodge US Property and Fiscal Office4,000 Air_Guard Des Moines Des Moines Alt Security Forces Fac4,600 Kansas Army Fort Riley Training Aids Center15,50015,500 Army Fort Riley Advanced Waste Water Treatment Plant28,00028,000 Army Fort Riley Igloo Storage, Installation7,2007,200 Army Fort Riley Brigade Complex49,00049,000 Army Fort Riley Battalion Complex59,00059,000 Army Fort Riley Land Vehicle Fueling Facility3,7003,700 Army Fort Riley Estes Load Access Control Point6,100 Air_Guard McConnell AFB TFI-Upgrade DCGS8,700 ARNG Salina Army NG Aviation Facility Taxiway Alterations2,227 Kentucky Chem Demil Blue Grass Army Depot Ammunition Demilitarization Ph X54,04154,041 Chem Demil Blue Grass Army Depot Blue Grass Army Depot Chem Demil Project5,000 Army Fort Campbell Installation Chapel Center14,400 Def-Wide Fort Campbell 5th SFG Language Sustainment Trng Fac6,800 Def-Wide Fort Campbell SOF Battalion Operations Complex29,28929,289 Def-Wide Fort Campbell SOF Military Working Dog Facility3,0463,046 Def-Wide Fort Campbell Health Clinic8,6008,600 Army Fort Knox Warrior In Transition
(WT)Complex70,00070,000 Louisiana Air Force Barksdale Air Force Base Phase Five Ramp Replacement—Aircraft Apron12,800123 STAT. 2813 Army Fort Polk Multipurpose Machinegun Range6,400 Army Fort Polk Warrior In Transition
(WT)Complex32,00032,000 Army Fort Polk Land Purchases17,00017,000 Maine Air_Guard Bangor IAP Replace Aircraft Maint Hanger/shops28,00028,000 Navy Portsmouth Naval Shipyard Gate 2 Security Improvements7,090 Maryland Army Aberdeen PG Analytical Chem Wing—Advanced Chem Lab15,500 Def-Wide Aberdeen PG USAMRICD Replacement, inc I111,400111,400 Air Force Andrews AFB Replace Munitions Storage Area9,3009,300 Air_Guard Andrews AFB Rpl Munitions maintenance and Storage Complex14,00014,000 Navy Carderock Nswc Det RDTE Support Facility, ph26,520 Army Fort Detrick ATL Auditorium & Tng Cntr Expand7,400 Army Fort Detrick Satellite Communications Center18,00018,000 Army Fort Detrick Satellite Communications Facility21,00021,000 Def-Wide Fort Detrick Boundary Gate At Nalin Pond10,75010,750 Def-Wide Fort Detrick Emergency Service Center16,12516,125 Def-Wide Fort Detrick USAMRIID Stage I, Inc IV108,000108,000 Def-Wide Fort Detrick Nibc Truck Inspection Station & RLoad2,9322,932 Army Fort Meade Intersection, Rockenbach Rd & Cooper Ave2,350 Def-Wide Fort Meade South Campus Utility Plant Ph 2175,900175,900 Def-Wide Fort Meade NSAW Campus Chilled Water Backup19,10019,100 Def-Wide Fort Meade Mission Support—PSAT8,8008,800 Navy Patuxent River NAS Special Commo Rqts Eng Facility11,043 Massachusetts Air_Guard Barnes ANGB F–15 Aircraft Ready Shelters8,100 ARNG Hanscom AFB Armed Forces Reserve Center (JFHQ)29,00029,000 Air_Guard Otis Air National Guard Base Composite Operations and Training Facility12,800 Michigan Air_Guard Alpena CRTC Replace Troop Quarters8,900 Air_Guard Battle Creek ANG Base CNAF Bed Down Facilities14,000 ARNG Fort Custer Org Maint Shop (ADRS)7,732 Air_Guard Selfridge ANG Base A–10 Squad Operations Facility7,100 Minnesota ARNG Arden Hills Readiness Center Ph26,7006,700 ARNG Camp Ripley Urban Assault Course1,7101,710 Def-Wide Duluth IAP Jet Fuel Stoarge Complex15,00015,000 USAR Fort Snelling (Minneapolis) Army Reserve Center12,00012,000 Air_Guard Minn/St. Paul IAP 133rd AW Base Minnesota Starbase Facility Alteration1,900 Mississippi ARNG Camp Shelby Combined Arms Collective Tng Fac Add/alt16,10016,100 Air Force Columbus AFB Aircraft Fuel Systems Maint Dock9,800 Air_Guard Gulfport-biloxi RA Relocate Base Entrance6,500 AF Reserve Keesler AFB Aerial Port Squadron Facility9,8009,800 ARNG Monticello Monticello National guard Readiness Center14,350 Missouri ARNG Boonville Readiness Center Add/alt1,8001,800 Army Fort Leonard Wood Automated-aided Instruction Facility27,00027,000 Army Fort Leonard Wood Wheeled Vehicle Drivers Course17,50017,500 Army Fort Leonard Wood Warrior In Transition Complex19,50019,500123 STAT. 2814 Army Fort Leonard Wood Transient Advanced Trainee Barracks, Ph 199,00099,000 Army Fort Leonard Wood Health Clinic7,800 Def-Wide Fort Leonard Wood Dental Clinic Addition5,5705,570 Air_Guard Rosecrans Memorial Airport Replace Fire/crash rescue Station Phase I9,300 Air Force Whiteman AFB EOD Opns Complex7,400 Air Force Whiteman AFB Land Acquisition North & South Bdry5,500 Montana Air Force Malmstrom AFB Upgrade Weapons Storage Area10,600 Nebraska ARNG Lincoln Armed Forces Reserve Center (JFHQ)23,00023,000 Air_Guard Lincoln Map Joint Forces Operations Center—ANG Share1,5001,500 Air Force Offutt AFB STRATCOM Gate10,400 Nevada ARNG Carson City National Guard Energy Sustainable Projects2,000 Air Force Creech AFB UAS AT/FP Security Updates2,7002,700 Navy Naval Air Station Fallon Warrior Physical Training Facility10,670 ARNG North Las Vegas Readiness Center26,00026,000 Air_Guard Reno, NV NV Air National Guard Fire Station Replacement10,800 New Hampshire Air_Guard Pease ANGB Replace Squadron Operations Facilities10,000 New Jersey Air Force McGuire AFB Warfighter & Family Sup Cntr7,900 Air_Guard McGuire AFB 108th Air Refuel Wng, Base Civil Eng Complex9,700 Army Picatinny Arsenal Ballistic Eval Facility, Ph 210,200 Air Force Cannon AFB WB—Consolidated Communication Fac15,00015,000 New Mexico Def-Wide Cannon AFB SOF Fuel Cell Hanger (MC–130)41,26941,269 Def-Wide Cannon AFB SOF AMU Addition (CV–22)11,59511,595 Def-Wide Cannon AFB SOF Ac–130 Load Out Apron Ph16,000 Air Force Holloman AFB F–22a Consolidated Munitions Maint (TFI)5,5005,500 Air Force Holloman AFB Fire-crash Rescue Station10,400 Air Force Holloman AFB UAS Field Training Complex37,500 Air Force Kirtland AFB Add To Space RDT&E Opns Cntr5,800 Air Force Kirtland AFB MC–130J Simulator Facility8,0008,000 Air Force Kirtland AFB HC–130J Simulator Facility8,7008,700 ARNG Santa Fe Army Aviation Support Facility39,00039,000 New York Army Fort Drum All Wx Marksmanship Facility8,200 Army Fort Drum Water System Expansion6,5006,500 Army Fort Drum Barracks57,00057,000 Army Fort Drum Warrior In Transition Complex21,00021,000 AF Reserve Niagra Falls ARB Indoor Small Arms Range5,700 USAR Rochester Army Reserve Center/land13,60013,600 Air_Guard Wheeler Sack AAF TFI-reaper LRE Beddown2,700 North Carolina Def-Wide Camp Lejeune SOF Academic Instruction Facility Expansion11,79111,791 Navy Camp Lejeune Maintenance/OPS Complex52,39052,390 Navy Camp Lejeune BEQ—Wallace Creek34,16034,160 Navy Camp Lejeune Utility Expansion—Courthouse Bay56,28056,280 Navy Camp Lejeune SOI-east Facilities—Camp Geiger56,94056,940 Navy Camp Lejeune Field Training fac.—Devil Dog - SOI37,17037,170 Navy Camp Lejeune Road Network—Wallace creek15,13015,130 Navy Camp Lejeune MP Working Dog Kennel— relocation8,3708,370 Navy Camp Lejeune Consolidated Info tech/telecom Complex46,12046,120 Navy Camp Lejeune New Base Entry Point and Road (phase 1)79,15079,150123 STAT. 2815 Navy Camp Lejeune BEQ—Wallace Creek43,48043,480 Navy Camp Lejeune BEQ—Wallace Creek44,39044,390 Navy Camp Lejeune BEQ—Wallace Creek44,39044,390 Navy Camp Lejeune BEQ—Wallace Creek42,11042,110 Navy Camp Lejeune Pre-trial Detainee Facility18,58018,580 Navy Camp Lejeune Physical Fitness Center39,76039,760 Navy Camp Lejeune 4th Infantry Battalion Ops Complex55,15055,150 Navy Cherry Point MCAS Ordnance Magazines12,36012,360 Navy Cherry Point MCAS EMS/fire Vehicle Facility10,60010,600 ARNG East Flat Rock Readiness Center Add/alt2,516 Army Fort Bragg Vehicle Maintenance Shop19,50019,500 Army Fort Bragg Simulations Center50,00050,000 Army Fort Bragg Vehicle Maintenance Shop17,50017,500 Army Fort Bragg Company Operations Facility3,3003,300 Army Fort Bragg Transient Training Barracks Complex16,50016,500 Army Fort Bragg Automated Sniper Field Fire Range3,450 Army Fort Bragg Automated Multipurpose Machine Gun4,3504,350 ARNG Fort Bragg TUAS Support Facility6,038 Def-Wide Fort Bragg Albritton JHS Addition3,4393,439 Def-Wide Fort Bragg Special Ops Prep & Conditioning Course24,60024,600 Def-Wide Fort Bragg SOF Battalion & Company HQ15,50015,500 Def-Wide Fort Bragg SOF Operations Support Addition13,75613,756 Def-Wide Fort Bragg SOF Military Working Dog Facility1,1251,125 Def-Wide Fort Bragg SOF Battalion Headquarters Facility13,00013,000 Def-Wide Fort Bragg SOF Operations Addition North27,51327,513 Def-Wide Fort Bragg SOF TUAV Hanger2,9482,948 Def-Wide Fort Bragg SOF Military Working Dog Facility3,0463,046 Def-Wide Fort Bragg Consolidated Health Clinic26,38626,386 Def-Wide Fort Bragg Health Clinic31,27231,272 Navy New River Apron Expansion (phase 2)35,60035,600 Navy New River VMMT–204 Maintenance Hanger—phase 328,21028,210 Navy New River Parallel Taxiway17,87017,870 Navy New River Tactical Support Van Pad Addition5,4905,490 Navy New River Gymnasium/outdoor Pool19,92019,920 Air Force Pope AFB Pope AFB Air Traffic Control Tower9,000 Air Force Seymour Johnson AFB Radar Approach Control Complex, Ph16,900 Army Sunny Point Mot Towers3,9003,900 Army Sunny Point Mot Lightning Protection System25,00025,000 North Dakota Air Force Grand Forks AFB Consolidated Security Forces Facility12,000 Air Force Minot AFB Munitions Trailer Storage Facility1,5001,500 Air Force Minot AFB Missile Procedures Trng Operations10,00010,000 Ohio USAR Cincinnati Army Reserve Center/land13,00013,000 Air_Guard Mansfield Lahm Airport TFI—Red Horse Squadron Beddown11,40011,400 Air Force Wright-Patterson AFB Info Tech Complex Ph 127,00027,000 Air Force Wright-Patterson AFB Conversion For Advanced Power Research Lab21,00021,000 Air Force Wright-Patterson AFB Replace West Ramp, phase I10,600 Oklahoma Air Force Altus AFB Repair Taxiways20,30020,300 Def-Wide Altus AFB Replace Upload Facility2,7002,700 Army Fort Sill Automated Infantry Squad Battle Course3,5003,500 Army Fort Sill Barracks65,00065,000 Army Fort Sill Warrior In Transition Complex22,00022,000 Def-Wide Fort Sill Dental Clinic10,55410,554 Army McAlester High Explosive Magazine, Depot Level1,3001,300 Army McAlester General Purpose Storage Building11,20011,200 Air Force Tinker AFB T–9 Noise Suppressor5,200 Air Force Tinker AFB Building 3001 Hanger Door13,03713,037123 STAT. 2816 Air Force Vance AFB Control Tower10,700 Air_Guard Will Rogers World Airport TFI—Air Supt Opers Sqdn
(ASOS)Beddn7,3007,300 Oregon ARNG Clatsop County, Warrenton Camp Rilea Infrastructure (Water Supply System)3,369 ARNG Polk County Readiness Center12,100 Pennsylvania USAR Ashley Army Reserve Center9,8009,800 FH Con DW Def Distro Depot Def Distribution Depot New Cumberland2,8592,859 USAR Harrisburg Army Reserve Center7,6007,600 USAR Newton Square Army Reserve Center/land20,00020,000 AF Reserve Pittsburgh AFR Base Visiting Quarters Phase 112,400 USAR Uniontown Army Reserve Center/land11,80011,800 Rhode Island Navy Newport Officer Training Command Quarters45,80345,803 Navy Newport Renovate of Senior Enlisted Academy10,550 Navy Newport Renovate Perry Hall8,530 South Carolina Navy Beaufort Widebody Aircraft Fuel Lane1,2801,280 Milcon, Naval Res Charleston Reserve Vehicle Maintenance Facility4,2404,240 Army Charleston NWS Staging Area4,1004,100 Army Charleston NWS Railroad Tracks12,00012,000 Army Charleston NWS Pier and Loading/Unloading Ramps5,7005,700 ARNG Eastover Army Aviation Support Facility Add/Alt26,00026,000 Army Fort Jackson Advanced Skills Trainee Barracks32,00032,000 Army Fort Jackson Modified Record Fire Range3,6003,600 Army Fort Jackson Training Battalion Complex66,00066,000 Army Fort Jackson Infiltration Course1,9001,900 ARNG Greenville Army Aviation Support Facility40,00040,000 Air_Guard McEntire JNGB Joint Force headquarters Building1,300 Navy Parris Island Electrical SubStation and Improvements6,9726,972 Air Force Shaw AFB Add/Alter USAFCENT HQ21,183 South Dakota ARNG Camp Rapid Joint Force HQ Readiness Center Supplement7,890 ARNG Camp Rapid Troop Medical Clinic Addition and Alteration1,950 Air Force Ellsworth AFB Add/Alter Deployment Center14,500 Air_Guard Joe Foss Field Add and Alter Munitions Maintenance Complex1,300 Air_Guard Joe Foss Field Above Ground Multi-cubicle Magazine Storage1,300 Tennessee Air_Guard 164 AirLift Wing, Mem 164th AirLift Wing ANG Eng Maint Trng Fac9,800 Texas ARNG Austin Armed Forces Reserve Center16,50016,500 ARNG Austin Field Maintenance Shop, joint5,7005,700 USAR Austin Armed Forces Reserve Center/AMSA20,00020,000 USAR Bryan Army Reserve Center12,200 Navy Corpus Christi Operational Facilities for T–619,76419,764 Air Force Dyess AFB C–130J Alter Hanger4,5004,500 Army Fort Bliss Vehicle Maintenance Shop16,00016,000 Army Fort Bliss Brigade Staging Area Complex14,80014,800 Army Fort Bliss Digital Multipurpose Range Complex45,00045,000 Army Fort Bliss Fire and Military Police Stations16,50016,500 Army Fort Bliss Aircraft Fuel Storage10,80010,800 Army Fort Bliss Vehicle Maintenance Shop20,00020,000 Army Fort Bliss Automated Sniper Field Fire Range4,2504,250 Army Fort Bliss Known Distance Range4,7504,750 Army Fort Bliss Automated Multipurpose Machine Gun Range6,9006,900 Army Fort Bliss Scout/recce Gunnery Complex17,00017,000 Army Fort Bliss Light Demolition Range2,4002,400123 STAT. 2817 Army Fort Bliss Automated Infantry Platoon Battle Course7,0007,000 Army Fort Bliss Simulation Center23,00023,000 Army Fort Bliss Vehicle Maintenance & Company Ops Fac31,00031,000 Def-Wide Fort Bliss Health and Dental Clinic30,29524,600 Def-Wide Fort Bliss Hospital Replacement Inc186,97586,975 USAR Fort Bliss Army Reserve Center9,5009,500 Army Fort Hood Vehicle Maintenance Shop23,00023,000 Army Fort Hood Urban Assault Course2,4002,400 Army Fort Hood Automated Multipurpose Machine Gun Range6,7006,700 Army Fort Hood Family Life Center10,800 Def-Wide Fort Hood Alter Fuel Pump House and Fill Stand3,0003,000 Army Fort Sam Houston Access Control Point and Road Improvements10,80010,800 Army Fort Sam Houston General Instruction building9,0009,000 Milcon, Naval Res Fort Worth NAS/JRB Replace Joint Base Comms6,170 Air Force Goodfellow AFB Joint Intel Tech Trng fac, Ph 1 (tfi)18,40018,400 Air Force Goodfellow AFB Student Dormitory (100 rm)14,00014,000 Air Force Goodfellow AFB Consolidated Learning Center12,000 USAR Houston Army Reserve Center/land24,00024,000 Air_Guard Kelly Field Annex Add/Alter Aircraft Maint Shops7,900 Navy Kingsville NAS Solar Panel Array4,470 AF Reserve Lackland AFB C–5 Ground Training Schoolhouse Addition1,5001,500 Air Force Lackland AFB Evasion, Conduct After Capture Trng4,8794,879 Air Force Lackland AFB Recruit Dormitory 2, phase 277,00077,000 Air Force Lackland AFB Bmt Satellite Classroom/dining Fac32,00032,000 Def-Wide Lackland AFB Dental Clinic replacement29,31829,318 Def-Wide Lackland AFB Ambulatory Care Center, phase 172,61072,610 USAR Robstown Tactical Equip Maint Facility10,200 Milcon, Naval Res San Antonio Reserve Training Center2,2102,210 USAR San Antonio Army Reserve Center20,00020,000 Air Force Sheppard Air Force Base ENJJPT Operations Complex, Phase 113,450 Utah Def-Wide Camp Williams IC CNCI Data Center (Incr. 2)800,000600,000 Army Dugway Proving Ground Water Treatment Systems25,00025,000 AF Reserve Hill AFB Reserve Squad Ops/AMU Facility3,2003,200 Air Force Hill AFB F–22A Radar Cross Section Testing Fac21,05321,053 Air Force Hill AFB PCC Apron Northwest End Taxiway5,100 Vermont Air_Guard Burlington IAP Fire Crash and Rescue Station Addition and Alteration6,000 ARNG Ethan Allen Firing Range BOQ Additions and Improvements1,996 Virginia Def-Wide Dahlgren Aegis BMD Facility Expansion24,50024,500 Navy Dahlgren Electromagnetic Research and Engineering Facility3,660 Def-Wide Dam Neck SOF Operations Facility inc III15,96715,967 Navy Dam Neck SOF Cafeteria14,170 Army Fort A.P. Hill Automated Infantry Platoon Battle Course4,9004,900 Army Fort A.P. Hill Field Training Area9,0009,000 Army Fort A.P. Hill Training Aids Center9,1009,100 Army Fort Belvoir Flight Control Tower8,4008,400 Army Fort Belvoir Road and Access Control Point9,5009,500 Army Fort Belvoir Road and Infrastructure Improvements20,000 Army Fort Lee Defense Access Roads5,000 ARNG Fort Pickett Regional Training Institute Ph232,00032,000 Army Ft. Eustis Upgrade Marshalling Area8,900 Air Force Langley AFB West & Lasalle Gates Force Protection/access10,00010,000123 STAT. 2818 Def-Wide Little Creek SOF Support Activity Operation Facility18,66918,669 Navy Little Creek Naval Construction Division Operations Fac13,09513,095 Navy Norfolk E–2D Trainer Facility11,73711,737 Navy Norfolk Facility Upgrades For E–2D Program6,4026,402 Milcon, Naval Res Oceana Naval Air Station C–40 Hanger30,40030,400 Def-Wide Pentagon Pentagon Electrical Upgrade19,27219,272 Def-Wide Pentagon Secondary Uninterruptible Power Raven Rock8,4008,400 Navy Portsmouth Ship Repair Pier replacement (Incr. 1)226,969126,969 Navy Quantico Student Quarters—TBS (phase 4)32,06032,060 Navy Quantico Battalion Training Facility—MSGBN10,34010,340 Navy Quantico MC Information Operations Center—MCIOC29,62029,620 Navy Quantico Aircraft Trainer3,1703,170 Navy Quantico Dining Facility - TBS14,78014,780 Navy Quantico South Mainside Electrical SubStation15,27015,270 Washington Navy Bangor Limited Area Production/strg Cmplx (inc 6)87,29287,292 Navy Bremerton Enclave Fencing/ parking, Silverdale WA67,41967,419 Navy Bremerton CVN Maintenance Pier replacement (inc 2)69,06469,064 Navy Everett NS Small Craft Launch3,810 Air Force Fairchild AFB SERE Force Support Complex, Phase I11,000 Air Force Fairchild AFB TFI Refuel Veh Maint Facility4,150 Def-Wide Fairchild AFB Replace Fuel Distribution System7,5007,500 Army Fort Lewis Live Fire Exercise Shoothouse2,5502,550 Army Fort Lewis Animal Building3,0503,050 Army Fort Lewis Brigade Complex, Inc 4102,000102,000 Army Fort Lewis Modified Record Fire Range4,1004,100 Army Fort Lewis Ft Lewis-Mcchord AFB Joint Access9,000 Def-Wide Fort Lewis SOF Support Company Facility14,50014,500 Def-Wide Fort Lewis Health and Dental Clinic15,63615,636 Navy Indian Island NM Ord Storage Pads W/2 Covers13,130 Navy Spokane Jnt Pers Recovery agency Specialized SERE Tra12,70712,707 West Virginia Air_Guard Martinsburg C–5 Taxiway Upgrades19,500 Navy Navy, Sugar Grove Emergency Services Center10,990 ARNG St. Albans Armory Readiness Center Additions2,000 Wisconsin USAR Fort McCoy Combined Arms Collective Training Facility25,00025,000 USAR Fort McCoy Range Utility Upgrade3,850 Air_Guard General Mitchell IAP Upgrade Corrosion Control Hanger5,000 Wyoming Air_Guard Cheyenne Airport Squadron Operations1,500 Air Force F. E. Warren AFB ADAL Missile Service Complex9,1009,100 Zu Air Force Unspecified Worldwide Recission Pl 110–417 UAS Maint Complex–22,000 Air Force Unspecified Worldwide Recission Pl 110–417 UAS Ops Complex–15,500 BRAC 05 Unspecified Worldwide Base Realignment and Closure 20057,479,4987,455,498 BRAC IV Unspecified Worldwide Base Realignment and Closure IV396,768496,768 Army Various Locations Brigade Combat Team Stationing–166,000 Army Various Locations Trainee Troop Housing350,000 Afghanistan Air Force Bagram Air Base Passenger Terminal22,00022,000 Army Bagram Air Base Fuel System Ph 612,00012,000 Army Bagram Air Base Fuel System Ph 75,0005,000 Army Bagram Air Base Coalition Operation Center49,00049,000123 STAT. 2819 Army Bagram Air Base APS Compound38,000 Army Bagram Air Base Aviation Support Facility2,6002,600 Army Bagram Air Base Barracks18,50018,500 Army Bagram Air Base Command and Control Facility38,000 Army Bagram Air Base Perimeter Fence and Guard Towers7,000 Bahrain Navy SW Asia Waterfront Development phase 241,52641,526 Belgium Def-Wide Brussels Replace Elementary School (shape)38,12438,124 Army Mons NATO SOF Operational Support20,000 Def-Wide Brussels NATO Headquarters41,400 Colombia Air Force Palanquero Ab Palanquero AB Development46,00046,000 Czech Republic Def-Wide Various Locations Recission Pl 110–417 Emcr Site–108,560 Djibouti Navy Camp Lemonier Interior Paved Roads Phase A7,2757,275 Navy Camp Lemonier Ammo Supply Point21,68921,689 Navy Camp Lemonier Security Fencing I8,1098,109 Navy Camp Lemonier Fire Station4,7724,772 Germany Army Ansbach Barracks17,50017,500 Army Ansbach Barracks14,20014,200 FH Con Army Baumholder Family Housing Replacement Constru(138 Units)18,00018,000 Def-Wide Boeblingen New Elementary School50,000 Def-Wide Kaiserlautern AB Kaiserslautern Complex-phase 119,38019,380 Def-Wide Kaiserlautern AB Kaiserslautern HS Replace School74,16574,165 Army Kleber Kaserne Barracks20,00020,000 Army Landstuhl Warrior In Transition
(WT)Complex25,000 Air Force Ramstein AB Construct Age Maint Complex11,50011,500 Air Force Ramstein AB Contingency Response Group Command23,20023,200 Air Force Spangdahlem AB Fitness Ctr23,50023,500 Def-Wide Weisbaden Wiesbaden HS New Cafeteria and Kitchen5,3795,379 FH Con Army Weisbaden Family Housing replacement Const Inc 210,00010,000 FH Con Army Weisbaden Family Housing replacement Const Inc 211,00011,000 FH Con Army Weisbaden Family Housing replacement Const Inc 211,00011,000 Greece Def-Wide Souda Bay Fuel Storage Tanks & Pipeline Rpl24,00024,000 Guam Def-Wide Agana Naval Air Station Replace Gas Cylander Storage Facility4,9004,900 Air Force Andersen AFB Postal Service Center3,500 Air Force Andersen AFB Strike Fol Electrical Infrastructure33,75033,750 Air Force Andersen AFB NW Field ATFP Perimeter Fence and Road4,7524,752 Air Force Andersen AFB Commando Warrior Operations Fac4,2004,200 Air Force Andersen AFB NW Field Combat Spt Vehicle Maint Fac15,50015,500 ARNG Barrigada Readiness Center30,00030,000 Def-Wide Guam Hospital Replacement incr I259,156259,156 FH Con Navy Guam Replace Guam N. Tipalao ph III20,73020,730 Navy Guam Consolidated Slc Training & CSS–15 HQ Fac45,30945,309 Navy Guam Military Working Dog Relocation, Apra Harbor27,07014,000 Navy Guam Defense Access Road improvements48,86048,860 Navy Guam AAFB North Ramp Utilities Incr 121,50021,500 Navy Guam AAFB North Ramp Parking incr 188,79788,797 Navy Guam Apra Harbor Wharves Imp. Incr 1167,033127,033 Navy Guam Torpedo Exercise Support Building15,62715,627 Def-Wide Various Locations Unspecified Various locations Guantanamo Def-Wide Guantanamo Bay Replace Fuel Storage Tanks12,50012,500 Italy Air Force Sigonella Global Hawk Aircraft Maint and Ops Complex31,30031,300123 STAT. 2820 Army Vicenza Bde Complex—Operations spt Fac, Incr 323,50023,500 Army Vicenza Bde Complex—Barracks/community, Incr 322,50022,500 Japan Army Okinawa Training Aids Center6,0006,000 Army Sagamihara Training Aids Center6,0006,000 Korea Army Camp Humphreys Vehicle Maintenance Shop19,00019,000 Army Camp Humphreys Vehicle Maintenance Shop18,00018,000 Army Camp Humphreys Fire Stations13,20013,200 Def-Wide K–16 Airfield Convert Warehouses5,0505,050 Def-Wide Osan AB Replace Hydrant Fuel System28,00028,000 FH Con Navy Pusan Constr Chinhae Welcome Ctr/warehouse4,3764,376 Kuwait Army Camp Arifjan APS Warehouses82,00082,000 Air Force Al Musannah AB War Reserve Material Compound47,000 Air Force Al Musannah AB AirLift Ramp and Fuel Facilities69,000 Poland Def-Wide Various Locations Recission Pl 110–417 European Interceptor Site–42,600 Puerto Rico USAR Caguas Army Reserve Center/land12,40012,400 Qatar Air Force Al Udeid, Qatar Blatchford-preston Complex Ph Ii60,00060,000 Spain Navy Rota Reception Airfield Facilities26,27826,278 Turkey Air Force Incirlik Ab Construct Consolidated Community Ctr9,2009,200 United Kingdom Def-Wide Menwith Hill Station MHS PSC Construction37,58837,588 Def-Wide Raf Mildenhall Connect Fuel Tank Distribution Pipe Ln4,7004,700 Def-Wide Royal Air Force Alconbury Medical/dental Clinic replacement14,22714,227 Def-Wide Royal Air Force Lakenheath Liberty IS—Gymnasium4,5094,509 Virgin Islands ARNG St. Croix Regional Training Institute Ph120,00020,000 Zc Air Force Classified Location Classified Planning & Design3,0003,000 Zu NSIP NATO Security Invest Prgm NATO Security Investment Program276,314197,414 AF Reserve Unspecified Worldwide Planning and Design1,9763,869 AF Reserve Unspecified Worldwide Minor Construction800800 Air Force Unspecified Worldwide Unspecified minor construction18,00020,000 Air Force Unspecified Worldwide Planning & design79,363100,562 Air_Guard Unspecified Worldwide Minor Construction9,00017,005 Air_Guard Unspecified Worldwide Planning & design10,06113,021 Army Unspecified Worldwide Minor Construction FY 1023,00025,000 Army Unspecified Worldwide Planning & design FY 10153,029175,519 Army Unspecified Worldwide Host Nation Support FY 1025,00025,000 ARNG Unspecified Worldwide Unspecified Minor construction10,30029,682 ARNG Unspecified Worldwide Planning and Design23,98147,429 Def-Wide Unspecified Worldwide123 STAT. 2821 Def-Wide Unspecified Worldwide Unspecified Minor construction6,8006,800 Def-Wide Unspecified Worldwide Planning and Design8,8558,855 Def-Wide Unspecified Worldwide Unspecified Minor construction4,1004,100 Def-Wide Unspecified Worldwide Minor Construction3,7173,717 Def-Wide Unspecified Worldwide Planning and Design2,0002,000 Def-Wide Unspecified Worldwide Planning and Design10,53410,534 Def-Wide Unspecified Worldwide Unspecified Minor construction6,0226,022 Def-Wide Unspecified Worldwide Planning and Design4,4254,425 Def-Wide Unspecified Worldwide JEP Exercise Related construction7,8617,861 Def-Wide Unspecified Worldwide Minor Construction4,5254,525 Def-Wide Unspecified Worldwide Planning and Design72,97472,974 Def-Wide Unspecified Worldwide Energy Conservation Improvement Program90,000123,013 Def-Wide Unspecified Worldwide Contingency construction10,00010,000 Def-Wide Unspecified Worldwide Unspecified Minor construction3,000 Def-Wide Unspecified Worldwide Planning and Design35,57919,079 Def-Wide Unspecified Worldwide Planning and Design3,5753,575 FH Con AF Unspecified Worldwide Construction improvements61,73761,737 FH Con AF Unspecified Worldwide Classified Project5050 FH Con AF Unspecified Worldwide Planning and Design4,3144,314 FH Con Army Unspecified Worldwide Construction improvements (2428 Units)219,300219,300 FH Con Army Unspecified Worldwide Family Housing P&D3,9363,936 FH Con Navy Unspecified Worldwide Improvements118,692118,692 FH Con Navy Unspecified Worldwide Design2,7712,771 FH Ops AF Unspecified Worldwide Utilities Account81,68681,686 FH Ops AF Unspecified Worldwide Management Account1,5571,557 FH Ops AF Unspecified Worldwide Management Account51,33451,334 FH Ops AF Unspecified Worldwide Services Account20,18320,183 FH Ops AF Unspecified Worldwide Furnishings Account39,18239,182 FH Ops AF Unspecified Worldwide Miscellaneous Account1,5431,543 FH Ops AF Unspecified Worldwide Leasing Account548548 FH Ops AF Unspecified Worldwide Leasing102,858102,858 FH Ops AF Unspecified Worldwide Maintenance Account1,9111,911 FH Ops AF Unspecified Worldwide Maintenance (RPMA & RPMC)148,318148,318123 STAT. 2822 FH Ops AF Unspecified Worldwide Housing Privatization53,81653,816 FH Ops Army Unspecified Worldwide Utilities Account81,65081,650 FH Ops Army Unspecified Worldwide Operations87,26387,263 FH Ops Army Unspecified Worldwide Miscellaneous Account1,1771,177 FH Ops Army Unspecified Worldwide Leasing205,685205,685 FH Ops Army Unspecified Worldwide Maintenance of Real Property115,854115,854 FH Ops Army Unspecified Worldwide Privatization Support Costs31,78931,789 FH Ops DW Unspecified Worldwide Furnishings Account4,4264,426 FH Ops DW Unspecified Worldwide Leasing33,57933,579 FH Ops DW Unspecified Worldwide Utilities Account274274 FH Ops DW Unspecified Worldwide Furnishings Account1919 FH Ops DW Unspecified Worldwide Services Account2929 FH Ops DW Unspecified Worldwide Management Account309309 FH Ops DW Unspecified Worldwide Maintenance 0f Real Property366366 FH Ops DW Unspecified Worldwide Recission ([Public Law 110–5](/us/pl/110/5)) FH Ops DW Unspecified Worldwide Operations3535 FH Ops DW Unspecified Worldwide Leasing10,10810,108 FH Ops DW Unspecified Worldwide Maintenance of Real Property6969 FH Ops Navy Unspecified Worldwide Utilities Account53,95653,956 FH Ops Navy Unspecified Worldwide Furnishings Account14,62414,624 FH Ops Navy Unspecified Worldwide Management Account60,27860,278 FH Ops Navy Unspecified Worldwide Miscellaneous Account457457 FH Ops Navy Unspecified Worldwide Services Account16,46216,462 FH Ops Navy Unspecified Worldwide Leasing101,432101,432 FH Ops Navy Unspecified Worldwide Maintenance of Real Property94,18494,184 FH Ops Navy Unspecified Worldwide Privatization Support Costs27,14727,147 FHIF Unspecified Worldwide Family Housing improvement Fund2,6002,600 HOAP Unspecified Worldwide Homeowners Assistance program23,225300,000 Milcon, Naval Res Unspecified Worldwide Planning and Design2,3712,951 Navy Unspecified Worldwide Unspecified minor construction12,48312,483 Navy Unspecified Worldwide Planning and Design166,896179,652 USAR Unspecified Worldwide Unspecified minor construction3,6003,600 USAR Unspecified Worldwide Planning and Design22,26222,716123 STAT. 2823 AF Reserve Unspecified Worldwide Programmatic Plus Up55,000 Air_Guard Unspecified Worldwide Programmatic Plus Up30,000 ARNG Unspecified Worldwide Programmatic Plus Up30,000 Milcon, Naval Res Unspecified Worldwide Programmatic Plus Up55,000 USAR Unspecified Worldwide Programmatic Plus Up30,000 **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) **Account****State and Location****Project Title****Project** **Authorization****Conference** **Authorization ** AL ArmyAnniston (Pelham Range)Armed Forces Reserve Center8,0008,000 ArmyBirminghamArmed Forces Reserve Center10,00010,000 ArmyMobileArmed Forces Reserve Center20,43020,430 Defense WideRedstone ArsenalVon Braun Complex027,800 ArmyTuscaloosaArmed Forces Reserve Center18,00018,000 AR ArmyCamdenArmed Forces Reserve Center9,8009,800 ArmyEl DoradoArmed Forces Reserve Center14,00014,000 ArmyHot SpringsArmed Forces Reserve Center14,60014,600 ArmyPine BluffArmed Forces Reserve Center15,50015,500 AZ ArmyMaranaArmed Forces Reserve Center31,00031,000 CA NavyBarstowIndustrial Machine Shop Facility14,13114,130 NavyChina LakeShipboard Shock Test Facility3,1603,160 NavyChina LakeWeapons Dynamics RDT&E Center5,9705,970 CT ArmyMiddletownArmed Forces Reserve Center, Incr 237,00037,000 DC NavyWashingtonNavy Systems Management Activity Relocation (INCR II of II)71,92971,929 NavyWashingtonRenovate 3rd Floor Building 176, Washington Navy Yard750750 FL ArmyEglin AFBSpecial Forces Complex, Incr 28,0008,000 Air ForceEglin AFBBRAC F–35 Live Ordnance Load Area (LOLA)6,6246,624 Air ForceEglin AFBCE Facility2,0002,000 Air ForceEglin AFBF–35
(JSF)Duke Field Control Tower2,2802,280 Air ForceEglin AFBFitness Facility2,7502,750 Air ForceEglin AFBSTOVL Simulated Carrier Practice Landing Deck27,69027,690 Air ForceEglin AFBSchool Age Facility2,6002,600 Air ForceEglin AFBSecurity Forces Facility890890 Air ForceEglin AFBTaxiway Extension13,00013,000 Air ForceEglin AFBTraffic Management Cargo Processing Facility900900 GA ArmyBenningAAFES Troop Store1,9501,950123 STAT. 2824 ArmyBenningArmed Forces Reserve Center18,00018,000 ArmyBenningEquipment Concentration Site43,00043,000 ArmyBenningGeneral Instruction Complex 2, Incr 258,00058,000 ArmyBenningManeuver Ctr HQ & CDI Bldg Expansion42,00042,000 ArmyBenningMedical Facility, Incr 277,00077,000 IA ArmyCedar RapidsArmed Forces Reserve Center42,00042,000 ArmyIowa AAPArmed Forces Reserve Center27,00027,000 ArmyMuscatineArmed Forces Reserve Center8,8008,800 IL ArmyRock IslandArmy Headquarters Building Renovation20,00020,000 KY ArmyCampbellArmed Forces Reserve Center5,9005,900 ArmyCampbellHeadquarters Building, Group14,80014,800 ArmyKnoxArmed Forces Reserve Center2,3002,300 MD ArmyAberdeen PGC4ISR, Phase 2, Incr 2156,000156,000 Defense WideBethesda (WRNMMC)Medical Center Addition—Increment 3108,850108,850 Defense WideBethesda (WRNMMC)Traffic Mitigation Increment 118,40018,400 Defense WideBethesda (WRNMMC)Site Utility Infrastructure Upgrade for NICoE06,500 ArmyDetrickJoint Bio-Med RDA Management Center8,3008,300 ArmyForest GlennMuseum12,20012,200 Defense WideFort MeadeConstruct DISA Building131,662131,662 ArmyFort MeadeDefense Media Activity, Incr 217,00017,000 ME NavyBrunswickMarine Corps Reserve Center12,96012,960 MI ArmyDetroit ArsenalAdministrative Office Buildings, Incr 2021,384 ArmyDetroit ArsenalWeapons Systems Support and Training8,3008,300 ArmyFt. Custer (Augusta)Armed Forces Reserve Center18,50018,500 Air ForceSelfridge ANGBA10 Arm/Disarm Apron1,3501,350 Air ForceSelfridge ANGBRepair Munitions Admin Building 8913,1003,100 Air ForceSelfridge ANGBUpgrade Munitions Maintenance Shop1,6501,650 Air ForceSelfridge ANGBUpgrade Munitions Missile Maintenance Bays2,3502,350 MO ArmyKirksvilleArmed Forces Reserve Center6,6006,600 MT ArmyGreat FallsArmed Forces Reserve Center7,6007,600 NC ArmyBraggBand Training Facility4,2004,200 ArmyBraggHeadquarters Bldg, FORSCOM/USARC, Incr 3124,000124,000 ArmyWilmingtonArmed Forces Reserve Center17,50017,500 ND ArmyFargoArmed Forces Reserve Center11,20011,200 NE ArmyColumbusArmed Forces Reserve Center9,3009,300 ArmyMcCookArmed Forces Reserve Center7,9007,900 NJ ArmyCamdenArmed Forces Reserve Center21,00021,000 NY ArmyWest PointUS Military Academy Prep School, Incr 2098,000 OH ArmyColumbusArmed Forces Reserve Center, Incr 2030,218 NavyAkronArmed Forces Reserve Center13,84013,840 OK ArmySillJoint Fires & Effects Simulator Building28,00028,000 Air ForceWill Rogers World APT AGSRelocate Global Air Traffic Operation Program Office1,2001,200 PA123 STAT. 2825 ArmyAllentownArmed Forces Reserve Center15,00015,000 ArmyTobyhannaElectronics Maintenance Shop, Depot Level3,2003,200 Air ForceWillow Grove ARS, NAS Willow Grove JRBEstablish Enclave4,0004,000 RI ArmyBristolArmed Forces Reserve Center17,50017,500 SC NavyCharlestonSPAWAR Data Center9,6709,670 NavyGoose CreekConsolidated Brig Addition9,7909,790 ArmyShaw AFBHeadquarters Building, Third US Army, Incr 255,00055,000 TN ArmyChattanoogaArmed Forces Reserve Center8,9008,900 TX ArmyBlissBrigade Combat Team Complex #3, Incr 3110,000110,000 ArmyBlissCombat Aviation Brigade Complex, Incr 394,00094,000 ArmyBlissHospital Add/Alt, WBAMC24,0000 ArmyBlissHospital Replacement89,00089,000 ArmyBlissTactical Equipment Maintenance Facility 2104,000104,000 ArmyBrownsvilleArmed Forces Reserve Center15,00015,000 ArmyHuntsvilleArmed Forces Reserve Center16,00016,000 ArmyKingsvilleArmed Forces Reserve Center17,50017,500 Air ForceLackland AFBJoint Base San Antonio Headquarters Facility8,5008,500 ArmyLufkinArmed Forces Reserve Center15,50015,500 Air ForceRandolph AFBRenovate Building 382,0502,050 ArmyRed RiverArmed Forces Reserve Center14,20014,200 Defense WideFort Sam HoustonSan Antonio Military Medical Center (North) Incr 30163,750 ArmySam HoustonAdd/Alt Building 227018,00018,000 ArmySam HoustonHousing, Enlisted Permanent Party10,80010,800 ArmySam HoustonIMCOM Campus Area Infrastructure11,00011,000 ArmySam HoustonHeadquarters Bldg, IMCOM48,00048,000 VA ArmyBelvoirInfrastructure Support, Incr 313,00013,000 ArmyBelvoirInfrastructure Support, Incr 339,40039,400 ArmyBelvoirNARMC HQ Building17,50017,500 Defense WideFort BelvoirNGA Headquarters Facility0168,749 Defense WideFort BelvoirHospital Replacement—Increment 4140,750140,750 Defense WideFort BelvoirDental Clinic12,60012,600 Defense WideFort BelvoirOffice Complex Increment 3360,533 ArmyEustisBldg 705 Renv (AAA & 902d MI)1,6001,600 ArmyEustisHeadquarters Bldg, IMCOM Eastern Region5,7005,700 ArmyEustisHeadquarters Building, TRADOC, Incr 234,30034,300 ArmyEustisJoint Task Force—Civil Support19,00019,000 ArmyEustisRenovation for ACA and NETCOM4,8004,800 ArmyLeeAAFES Troop Store1,8501,850 ArmyLeeAdministrative Building (DCMA)28,00028,000 ArmyLeeCombat Service Support School, Ph 1, Incr 4030,000 ArmyLeeCombat Service Support School, Ph 2, Incr 3137,000137,000 ArmyLeeCombat Service Support School, Ph 3, Incr 2145,000145,000 ArmyLeeConsolidated Troop Med/Dntl Clinic20,00020,000 ArmyLeeHQs, Transportation Management Detachment1,2001,200 ArmyLeeUSMC Training Facilities25,00025,000 NavyArlingtonCrystal Park 5 to Arlington Service Center33,66033,660 NavyChesapeakeJoint Regional Correctional Facility (INCR II of II)047,560 NavyNorfolkBuilding 1558 Renovations for SPAWAR2,5102,510 WV ArmyElkinsArmed Forces Reserve Center22,00022,000123 STAT. 2826 ArmyFairmontArmed Forces Reserve Center21,00021,000 ArmySpencer-RipleyArmed Forces Reserve Center19,54019,540 WW ArmyVariousPlanning and Design26,10026,100 ArmyVariousEnvironmental147,693147,693 NavyVariousEnvironmental16,52916,529 Air ForceVariousEnvironmental19,45419,454 Defense WideVariousEnvironmental00 ArmyVariousOperation and Maintenance1,169,3341,169,334 NavyVariousOperation and Maintenance322,495322,495 Air ForceVariousOperation and Maintenance288,459288,459 Defense WideVariousOperation and Maintenance836,715836,715 ArmyVariousMilPers PCS00 NavyVariousMilPers PCS6,5046,504 Air ForceVariousMilPers PCS3,9703,970 Defense WideVariousMilPers PCS00 ArmyVariousOther311,138311,138 NavyVariousOther20,11520,115 Air ForceVariousOther23,44323,443 Defense WideVariousOther412,320412,320 Defense WideVariousOther Subtotal BRAC 2005 FY 2010, Army4,057,037 Subtotal BRAC 2005 FY 2010, Navy591,572 Subtotal BRAC 2005 FY 2010, Air Force418,260 Subtotal BRAC 2005 FY 2010, Defense Wide2,388,629 **Total BRAC 2005 FY 2010 All Categories****5,934,740****7,455,498** ArmyVariousBase Realignment and Closure IV, Army138,723 NavyVariousBase Realignment and Closure IV, Navy228,000 Air ForceVariousBase Realignment and Closure IV, Air Force127,364 Defense WideVariousBase Realignment and Closure IV, Defense Wide2,681 **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) **Service****Country and Location****Project****Request****Conference** ** Authorized** Afghanistan ArmyAirborne Dining Facility2,2002,200 ArmyAirborne Waste Management Area5,6005,600 ArmyAltimur Dining Facility2,1502,150 ArmyAltimur Waste Management Area5,6005,600 ArmyAsadabad Waste Management Area5,5005,500 Air ForceBagram Air Base Cargo Terminal13,80013,800 Air ForceBagram Air Base Aviation Operations & Maintenance Facilities8,9008,900 Air ForceBagram Air Base Expeditionary Fighter Shelter6,4006,400 ArmyBagram Air Base Troop Housing Phase 322,0000 ArmyBagram Air Base Drainage System, Ph 221,00021,000 ArmyBagram Air Base APS Compound038,000 ArmyBagram Air Base Barracks00 ArmyBagram Air Base Perimeter Fence and Guard Towers07,000 ArmyBagram Air Base Command and Control Facility038,000 ArmyBagram Air Base Access Roads21,00021,000 ArmyBagram Air Base Command and Control Facility4,5004,500123 STAT. 2827 ArmyBagram Air Base Medlog Warehouse3,3503,350 ArmyBlessing Waste Management Area5,6005,600 ArmyBostick Waste Management Area5,5005,500 Air ForceDwyer Cargo Handling Area4,9004,900 ArmyDwyer Contingency Housing Phase 18,6000 ArmyDwyer Contingency Housing Phase 26,9000 ArmyDwyer Fuel System, Ph 15,8005,800 ArmyDwyer Waste Management Complex6,9006,900 ArmyDwyer Dining Facility6,6006,600 ArmyFrontenac Dining Facility2,2002,200 ArmyFrontenac Contingency Housing3,8000 ArmyGardez Tactical Runway28,00028,000 ArmyGardez Dining Facility2,2002,200 ArmyGardez Contingency Housing8,4000 ArmyGardez Fuel System, Ph 16,0006,000 ArmyGhazni Waste Management Complex5,5005,500 ArmyJalalabad Dining Facility4,3504,350 ArmyJalalabad Ammunition Supply Point35,00035,000 ArmyJalalabad Contingency Housing6,9000 ArmyJalalabad Perimeter Fencing2,0502,050 ArmyJoyce Dining Facility2,1002,100 ArmyJoyce Waste Management Area5,6005,600 ArmyKabul USFOR–A Headquarters & Housing98,00098,000 ArmyKabul Camp Phoenix West Expansion39,00039,000 Air ForceKandahar Secure RSOI Facility9,7009,700 Air ForceKandahar Tactical Airlift Apron29,00029,000 Air ForceKandahar Refueler Apron/Relocate HCP66,00066,000 Air ForceKandahar CAS Apron Expansion25,00025,000 Air ForceKandahar ISR Apron Expansion40,00040,000 Air ForceKandahar Aviation Operations & Maintenance Facilities10,50010,500 Air ForceKandahar Expeditionary Fighter Shelter6,4006,400 Air ForceKandahar Cargo Helicopter Apron32,00032,000 Air ForceKandahar Relocate North Airfield Road16,00016,000 ArmyKandahar Troup Housing Phase 24,2500 ArmyKandahar Command and Control Facility4,5004,500 ArmyKandahar Tanker Truck Offload Facility23,00023,000 ArmyKandahar Command and Control Facility4,5004,500 ArmyKandahar Command and Control Facility4,5004,500 ArmyKandahar Southpark Roads11,00011,000 ArmyKandahar Waste Management Complex10,00010,000 ArmyKandahar Warehouse20,00020,000 ArmyKandahar Theater Vehicle Maintenance Facility55,00055,000 ArmyMaywand Dining Facility2,2002,200 ArmyMaywand Waste Management Area5,6005,600 ArmyMethar-lam Waste Management Area4,1504,150 ArmySalerno Waste Management Complex5,5005,500 ArmySalerno Electrical Distribution Grid2,6002,600 ArmySalerno Fuel System, Ph 112,80012,800 ArmySalerno Dining Facility4,3004,300 ArmySalerno Runway Upgrade25,00025,000 Air ForceShank Cargo Handling Area4,9004,900 ArmyShank Dining Facility4,3504,350 ArmyShank Electrical Distribution Grid4,6004,600 ArmyShank Waste Management Complex8,1008,100 ArmyShank Water Distribution System2,6502,650 ArmyShank Troup Housing Phase 28,6000 ArmySharana Rotary Wing Parking32,00032,000 ArmySharana Ammunition Supply Point14,00014,000 ArmySharana Aircraft Maintenance Facilities12,20012,200 ArmySharana Electrical Distribution Grid2,6002,600 Air ForceTarin Kowt Cargo Handling Area4,9004,900 ArmyTarin Kowt Fuel System Phase 211,80011,800 ArmyTarin Kowt Waste Management Area6,8006,800 ArmyTarin Kowt Ammunition Supply Point35,00035,000 ArmyTarin Kowt Dining Facility2,2002,200 Air ForceTombstone/Bastion Strategic Airlift Apron Expansion32,00032,000 Air ForceTombstone/Bastion CAS Apron Expansion40,00040,000123 STAT. 2828 Air ForceTombstone/Bastion ISR Apron41,00041,000 Air ForceTombstone/Bastion Secure RSOI Facility10,00010,000 Air ForceTombstone/Bastion Cargo Handling Area18,00018,000 Air ForceTombstone/Bastion Aviation Operations & Maintenance Facs8,9008,900 Air ForceTombstone/Bastion Expeditionary Fighter Shelter6,3006,300 ArmyTombstone/Bastion Basic Load Ammunition Holding Area7,5007,500 ArmyTombstone/Bastion Dining Facility8,9008,900 ArmyTombstone/Bastion Entry Control Point and Access Roads14,20014,200 ArmyTombstone/Bastion Fuel System, Ph 214,20014,200 ArmyTombstone/Bastion Roads4,3004,300 ArmyTombstone/Bastion Troop Housing Phase 33,2500 ArmyTombstone/Bastion Troop Housing Phase 43,8000 ArmyTombstone/Bastion Level 3 Medical Facility16,50016,500 ArmyTombstone/Bastion Water Supply and Distribution System6,2006,200 Air ForceWolverine Cargo Handling Area4,9004,900 ArmyWolverine Dining Facility4,3504,350 ArmyWolverine Fuel System, Ph 15,8005,800 ArmyWolverine Waste Management Complex6,9006,900 Belgium ArmyMons NATO SOF Operational Support ZU Air ForceUnspecified Worldwide Planning and Design35,00029,000 ArmyUnspecified Worldwide Minor Construction20,00020,100 ArmyUnspecified Worldwide Planning and Design76,28476,284 NSAUnspecified Worldwide Classified Project6,0000 NSAUnspecified Worldwide Planning and Design6000 **Grand Total Military Construction****1,404,984****1,398,984** 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) **Program****FY 2010** ** Request****Conference** ** Authorized** **Electricity Delivery & Energy Reliability** **Electricity Delivery & Energy Reliability** Infrastructure security & energy restoration6,1886,188 **Weapons Activities** **Directed stockpile work** **Life extension programs** W76 Life extension program209,196209,196 **Total, Life extension programs****209,196****209,196** **Stockpile systems** B61 Stockpile systems124,456124,456 W76 Stockpile systems65,49765,497 W78 Stockpile systems50,74150,741 W80 Stockpile systems19,06419,064 B83 Stockpile systems35,68235,682 W87 Stockpile systems51,81751,817123 STAT. 2829 W88 Stockpile systems43,04343,043 **Total, Stockpile systems****390,300****390,300** **Weapons dismantlement and disposition** Operation and maintenance84,10094,100 **Total, Weapons dismantlement and disposition****84,100****94,100** **Stockpile services** Production support301,484301,484 Research and development support37,07137,071 R&D certification and safety143,076153,076 Dynamic plutonium experiment—NTS[10,000] Management, technology, and production200,223200,223 Plutonium infrastructure sustainment149,201149,201 **Total, Stockpile services****831,055****841,055** **Total, Directed stockpile work****1,514,651****1,534,651** **Campaigns:** **Science campaign** Advanced certification19,40019,400 Primary assessment technologies80,18180,181 Dynamic materials properties86,61786,617 Academic alliances30,25130,251 Advanced radiography22,32822,328 Secondary assessment technologies77,91377,913 **Total, Science campaign****316,690****316,690** **Engineering campaign** Enhanced surety42,00047,000 Program increase[5,000] Weapon systems engineering assessment technology18,00018,000 Nuclear survivability21,00021,000 Enhanced surveillance69,00069,000 **Total, Engineering campaign****150,000****155,000** **Inertial confinement fusion ignition and high yield campaign** Ignition106,734106,734 NIF diagnostics, cryogenics and experimental support72,25273,252 National Ignition Campaign program increase[1,000] Pulsed power inertial confinement fusion5,0005,000 Joint program in high energy density laboratory plasmas4,0004,000 Facility operations and target production248,929266,629 Omega operations[6,500] National Ignition Campaign program increase[11,200] **Total, Inertial confinement fusion and high yield campaign****436,915****455,615** **Advanced simulation and computing campaign** Operation and maintenance556,125556,125 **Total, Advanced simulation and computing campaign****556,125****556,125** **Readiness Campaign** Stockpile readiness5,7465,746 High explosives and weapon operations4,6084,608 Nonnuclear readiness12,70112,701 Tritium readiness68,24668,246 Advanced design and production technologies8,6998,699 **Total, Readiness campaign****100,000****100,000**123 STAT. 2830 **Total, Campaigns****1,559,730****1,583,430** **Readiness in technical base and facilities (RTBF)** Operation of facilities1,342,3031,360,303 Pantex Plant program increase[8,000] Y–12 National Security Complex program increase[10,000] **Total, Operation of facilities****1,342,303****1,360,303** Program readiness73,02173,021 Material recycle and recovery69,54269,542 Containers23,39223,392 Storage24,70824,708 **Subtotal, Readiness in technical base and facilities (RTBF)****1,532,966****1,550,966** **Construction:** 10–D–501 Nuclear facilities risk reduction Y–12 National Security Complex, Oakridge, TN12,50012,500 99–D–141 Pit disassembly and conversion facility, Savannah River Site, Aiken, SC30,32130,321 09–D–007, LANSCE—Refurbishment, Los Alamos National Laboratory, NM024,000 Program increase in support of RTBF[24,000] 09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM05,000 Program increase in support of RTBF[5,000] 08–D–801 High pressure fire loop (HPFL), Pantex, TX31,91031,910 08–D–804 TA–55 Reinvestment project, Los Alamos National Laboratory0 08–D–802 High Explosive Pressing Facility, Pantex Plant, Amarillo, TX0 06–D–140 Project engineering design (PED), various locations70,67870,678 06–D–402 NTS replace fire stations 1 & 2 Nevada Test Site, NV1,4731,473 04–D–125 Chemistry and metallurgy facility replacement project, Los Alamos National Laboratory, Los Alamos, NM55,00055,000 04–D–128 TA–18 Criticality experiments facility (CEF), Los Alamos National Laboratory, Nevada Test Site, NV1,5001,500 **Total, Construction****203,382****232,382** **Total, Readiness in technical base and facilities****1,736,348****1,783,348** **Secure transportation asset** Operation and equipment138,772138,772 Program direction96,14396,143 **Total, Secure transportation asset****234,915****234,915** **Nuclear counterterrorism incident response****221,936****221,936** **Facilities and infrastructure recapitalization program** Operation and maintenance144,959144,959 Construction 07–D–253 TA 1 heating systems modernization
(HSM)Sandia National Laboratory9,9639,963 **Total, Construction****9,963****9,963** **Total, Facilities and infrastructure recapitalization program****154,922****154,922** 123 STAT. 2831 **Site stewardship** Environmental projects and operations41,28841,288 Nuclear materials integration20,00020,000 Stewardship planning29,08629,086 **Total, Site stewardship****90,374****90,374** **Safeguards and security** **Defense nuclear security** Operation and maintenance700,044700,044 **Construction:** 10–D–701 Security improvements project Y–12 National Security Complex, Oak Ridge, TN49,00049,000 **Total, Construction****49,000****49,000** **Total, Defense nuclear security****749,044****749,044** Cyber security122,511122,511 **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 maintenance297,300337,300 **Nonproliferation and international security**207,202187,202 **International nuclear materials protection and cooperation**552,300592,050 MPC&A[39,750] **Elimination of weapons-grade plutonium production program**24,50724,507 **Fissile materials disposition** **U.S. surplus fissile materials disposition** Operation and maintenance U.S. plutonium disposition90,89690,896 U.S. uranium disposition34,69134,691 Supporting activities1,0751,075 **Total, Operation and maintenance****126,662****126,662** **Construction:** 99–D–143 Mixed oxide fuel fabrication facility, Savannah River Site, SC504,238504,238 99–D–141–02 Waste solidification building, Savannah River, SC70,00070,000 **Total, Construction****574,238****574,238** **Total, U.S. surplus fissile materials disposition****700,900****700,900** Russian surplus materials disposition1,0001,000 **Total, Fissile materials disposition****701,900****701,900** **Global threat reduction initiative**353,500333,500 **Subtotal, Defense Nuclear Nonproliferation****2,136,709****2,176,459** **Total, Defense Nuclear Nonproliferation****2,136,709****2,176,459** 123 STAT. 2832 **Naval Reactors** **Naval reactors development** **Operation and maintenance** Operation and maintenance935,533935,533 **Total, Operation and maintenance****935,533****935,533** **Construction:** 10–D–903, KAPL Security upgrades, Schnectady, NY1,5001,500 10–D–904, NRF infrastructure upgrades, ID700700 09–D–190, PED, Infrastructure upgrades, KAPL, Schnectady, NY1,0001,000 09–D–902, NRF Production Support Complex, ID6,4006,400 08–D–190 NRF Project engineering and design Expended Core Facility M–290 receiving/discharge station, ID9,5009,500 07–D–190 Materials research and technology complex, BAPL, Pittsburgh, PA11,70011,700 **Total, Construction****30,800****30,800** **Total, Naval reactors development****966,333****966,333** Program direction36,80036,800 **Total, Naval Reactors****1,003,133****1,003,133** **Office Of The Administrator** Office of the administrator431,074431,074 Use of prior year balances–10,320–10,320 **Total, Office Of The Administrator****420,754****420,754** **Total, National Nuclear Security Administration****9,945,027****10,033,477** **Defense Environmental Cleanup** **Closure sites:** Closure sites administration8,2258,225 Miamisburg33,24333,243 **Total, Closure sites****41,468****41,468** **Hanford site:** **2012 accelerated completions** Nuclear facility D&D river corridor closure project327,955327,955 Nuclear material stabilization and disposition PFP118,087118,087 SNF stabilization and disposition55,32555,325 **Total, 2012 accelerated completions****501,367****501,367** **2035 accelerated completions** Nuclear facility D&D—remainder of Hanford70,25070,250 Richland community and regulatory support21,94021,940 Soil and water remediation—groundwater vadose zone176,766176,766 Solid waste stabilization and disposition 200 area132,757132,757 **Total, 2035 accelerated completions****401,713****401,713** **Total, Hanford site****903,080****903,080** **Idaho National Laboratory:** SNF stabilization and disposition—201214,76814,768 Solid waste stabilization and disposition137,000137,000 Radioactive liquid tank waste stabilization and disposition95,80095,800 **Construction** 06–D–401 Sodium bearing waste treatment project, Idaho83,70083,700 Soil and water remediation—201271,00071,000123 STAT. 2833 Idaho community and regulatory support3,9003,900 **Total, Idaho National Laboratory****406,168****406,168** **NNSA sites** Lawrence Livermore National Laboratory910910 NNSA Service Center/SPRU17,93817,938 Nevada65,67465,674 California site support238238 Sandia National Laboratories2,8642,864 Los Alamos National Laboratory189,000189,000 **Total, NNSA sites and Nevada off-sites****276,624****276,624** **Oak Ridge Reservation:** Building 301938,90038,900 Nuclear facility D & D ORNL38,90038,900 Nuclear facility D & D Y–1234,00034,000 Nuclear facility D & D, E. Tennessee technology park100100 OR reservation community and regulatory support6,2536,253 Solid waste stabilization and disposition—201235,61535,615 **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 facility100,000100,000 01–D–16B Analytical laboratory55,00055,000 01–D–16C Balance of facilities50,00050,000 01–D–16D High level waste facility160,000160,000 01–D–16E Pretreatment facility325,000325,000 **Total, Waste treatment and immobilization plant****690,000****690,000** **Tank farm activities** Rad liquid tank waste stabilization and disposition408,000408,000 **Total, Office of River protection****1,098,000****1,098,000** **Savannah River sites:** **Nuclear material stabilization and disposition** Nuclear material stabilization and disposition385,310385,310 **Construction:** 08–D–414 Project engineering and design Plutonium Vitrification Facility, VL6,3156,315 **Total, Nuclear material stabilization and disposition****391,625****391,625** **2035 accelerated completions** SR community and regulatory support18,30018,300 Spent nuclear fuel stabilization and disposition38,76838,768 **Total, 2035 accelerated completions****57,068****57,068** **Tank farm activities** Radioactive liquid tank waste stabilization and disposition527,138527,138 **Construction:** 05–D–405 Salt waste processing facility, Savannah River234,118234,118 **Total, Tank farm activities****761,256****761,256** **Total, Savannah River site****1,209,949****1,209,949** 123 STAT. 2834 **Waste Isolation Pilot Plant** Waste isolation pilot plant144,902144,902 Central characterization project13,73013,730 Transportation33,85133,851 Community and regulatory support27,85427,854 **Total, Waste Isolation Pilot Plant****220,337****220,337** Program direction355,000355,000 Program support34,00034,000 **Safeguards and Security:** Waste Isolation Pilot Project4,6444,644 Oak Ridge Reservation32,40032,400 West Valley1,8591,859 Paducah8,1908,190 Portsmouth17,50917,509 Richland/Hanford Site82,77182,771 Savannah River Site132,064132,064 **Total, Safeguards and Security****279,437****279,437** Technology development55,00055,000 Uranium enrichment D&D fund contribution463,000463,000 **Subtotal, Defense environmental cleanup****5,495,831****5,495,831** **UNDISTRIBUTED** Realignment to support NNSA Weapons Activities0 Transfer to Title II0 **Total, Defense Environmental Cleanup****5,495,831****5,495,831** **Other Defense Activities** **Health, safety and security** Health, safety and security337,757337,757 Program direction112,125112,125 **Total, Health, safety and security****449,882****449,882** **Office of Legacy Management** Legacy management177,618177,618 Program direction12,18412,184 **Total, Office of Legacy Management****189,802****189,802** **Nuclear energy** **Infrastructure** **Idaho facilities management** INL infrastructure O&M83,35883,358 **Total, Infrastructure****83,358****83,358** **Total, Nuclear energy****83,358****83,358** Defense related administrative support122,982122,982 Office of hearings and appeals6,4446,444 **Total, Other Defense Activities****852,468****852,468** **Defense Nuclear Waste Disposal** Defense nuclear waste disposal98,40098,400 123 STAT. 2835 **Total, Environmental & other defense activities****6,446,699****6,446,699** **Total, Atomic Energy Defense Activities****16,391,726****16,480,176** **Total, Department of Energy****16,397,914****16,486,364** DIVISION E—Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.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. 4701. [18 USC 1 note](/us/usc/t18/s1).SHORT TITLE. This division may be cited as the “Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act”. SEC. 4702. [18 USC 249 note](/us/usc/t18/s249).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: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](/us/cons/amd13), 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](/us/pl/103/322); [108 Stat. 2096](/us/stat/108/2096)) [28 USC 994 note](/us/usc/t28/s994).is amended by inserting “gender identity,” after “gender,”.(b) [42 USC 3716 note](/us/usc/t42/s3716).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](/us/usc/t18/s16);(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](/us/pl/103/322); [108 Stat. 2096](/us/stat/108/2096)), as amended by this Act;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. [42 USC 3716](/us/usc/t42/s3716).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;123 STAT. 2838(ii) 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) 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. [42 USC 3716a](/us/usc/t42/s3716a).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](/us/usc/t18/s249), 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](/us/usc/t18/ch13), is amended by adding at the end the following:"“§ 249. Hate crime acts“(a) In General.—“(1) Offenses involving actual or perceived race, color, religion, or national origin.—Whoever, whether or 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)—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) 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.” ".123 STAT. 2841(b) Technical and Conforming Amendment.—The table of sections for [chapter 13 of title 18, United States Code](/us/usc/t18/ch13), 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](/us/usc/t28/s534)) 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](/us/usc/t28/s534)) is amended by inserting “, including data about crimes committed by, and crimes directed against, juveniles” after “data acquired under this section”. SEC. 4709. [18 USC 249 note](/us/usc/t18/s249).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. [18 USC 249 note](/us/usc/t18/s249).RULE OF CONSTRUCTION. 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](/us/cons/amd1). 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.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](/us/cons/amd1).(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](/us/cons/amd1) 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](/us/usc/t18/s249/a), 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](/us/usc/t18/ch67), is amended by adding at the end the following:"“§ 1389. Prohibition on attacks on United States servicemen on account of service“(a) In General.—Whoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall—“(1) in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years;“(2) in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and“(3) in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less 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](/us/usc/t18/ch67), 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](/us/pl/98/473); [98 Stat. 1987](/us/stat/98/1987)) 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; and123 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](/us/bill/111/hr/2647) ([S. 1390](/us/bill/111/s/1390)): HOUSE REPORTS: ┐Nos. [111–166](/us/hrpt/111/166) and Pt. 2 (both from Comm. on Armed Services) and [111–288](/us/hrpt/111/288) (Comm. of Conference). SENATE REPORTS: ┐No. [111–35](/us/srpt/111/35) (Comm. on Armed Services) accompanying [S. 1390](/us/bill/111/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. POPULAR NAME INDEXPage Page Note:Part 1 contains pages 1–1456; Part 2 contains pages 1457–2844; Part 3 contains pages 2845–3760. Each part contains entire Popular Name and Subject Indexes. A Afghan Allies Protection Act of 2009 807 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2009 526 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 2090 Airline Flight Crew Technical Corrections Act 3476 American Communities’ Right to Public Information Act 2182 American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act 1775 Assistance for Unemployed Workers and Struggling Families Act 436 C Children’s Health Insurance Program Reauthorization Act of 2009 8 Christopher and Dana Reeve Paralysis Act 1452 Civil Rights History Project Act of 2009 1612 Coastal and Estuarine Land Conservation Program Act 1442 Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009 560 Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010 3113 Consolidated Appropriations Act, 2010 3034 Consumer Assistance to Recycle and Save Act of 2009 1909 Continuing Appropriations Resolution, 2010 2043 Corporate Estimated Tax Shift Act of 2009 1964 Craig Thomas Snake Headwaters Legacy Act of 2008 1147 Credit Card Accountability Responsibility and Disclosure Act of 2009 1734 Credit CARD Act of 2009 1734 Credit CARD Technical Corrections Act of 2009 2998 D Defense Production Act Reauthorization of 2009 2006 Department of Commerce Appropriations Act, 2009 560 Department of Commerce Appropriations Act, 2010 3113 Department of Defense Appropriations Act, 2010 3409 Department of Education Appropriations Act, 2009 784 Department of Education Appropriations Act, 2010 3259 Department of Health and Human Services Appropriations Act, 2009 763 Department of Health and Human Services Appropriations Act, 2010 3239 Department of Homeland Security Appropriations Act, 2010 2142 Department of Housing and Urban Development Appropriations Act, 2009 950 Department of Housing and Urban Development Appropriations Act, 2010 3074 Department of Justice Appropriations Act, 2009 569 Department of Justice Appropriations Act, 2010 3122 Department of Labor Appropriations Act, 2009 750 Department of Labor Appropriations Act, 2010 3225 Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 831 Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 3312 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009 701 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 2904 Department of the Treasury Appropriations Act, 2009 630 Department of the Treasury Appropriations Act, 2010 3159 Department of Transportation Appropriations Act, 2009 915 Department of Transportation Appropriations Act, 2010 3035 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2009 750 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010 3225 District of Columbia Appropriations Act, 2009 649 District of Columbia Appropriations Act, 2010 3177 DTV Delay Act 112 E Employ American Workers Act 305 Energy and Water Development and Related Agencies Appropriations Act, 2009 601 Energy and Water Development and Related Agencies Appropriations Act, 2010 2845 Enhanced Partnership with Pakistan Act of 2009 2060 Executive Office of the President Appropriations Act, 2009 638 Executive Office of the President Appropriations Act, 2010 3167 F Family Smoking Prevention and Tobacco Control Act 1776 Federal Aviation Administration Extension Act of 2009 1457 Federal Land Assistance, Management, and Enhancement Act of 2009 2968 Federal Ocean Acidification Research and Monitoring Act of 2009 1436 Federal Retirement Reform Act of 2009 1852 FERA 1617 Financial Services and General Government Appropriations Act, 2009 630 Financial Services and General Government Appropriations Act, 2010 3159 Fiscal Year 2010 Federal Aviation Administration Extension Act 2054 Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II 3031 FLAME Act of 2009 2968 FOARAM Act 1436 Foreign Evidence Request Efficiency Act of 2009 2086 Fraud Enforcement and Recovery Act of 2009 1617 G Girl Scouts USA Centennial Commemorative Coin Act 2881 H Health Information Technology for Economic and Clinical Health Act 226, 467 Helping Families Save Their Homes Act of 2009 1632 HITECH Act 226 Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 1663 Human Rights Enforcement Act of 2009 3480 I Integrated Coastal and Ocean Observation System Act of 2009 1427 J Jobs Accountability Act 287 Judicial Survivors Protection Act of 2009 1976 Judiciary Appropriations Act, 2009 644 Judiciary Appropriations Act, 2010 3173 K Korean War Veterans Recognition Act 1962 L Legislative Branch Appropriations Act, 2009 812 Legislative Branch Appropriations Act, 2010 2023 Lilly Ledbetter Fair Pay Act of 2009 5 M Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act 2835 Medal of Honor Commemorative Coin Act of 2009 2980 Miami Dade College Land Conveyance Act 1974 Military and Overseas Voter Empowerment Act 2318 Military Commissions Act of 2009 2574 Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2010 3284 Military Construction Authorization Act for Fiscal Year 2010 2627 Military Spouses Residency Relief Act 3007 Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009 2976 N National Defense Authorization Act for Fiscal Year 2010 2190 Native American Heritage Day Act of 2009 1922 New Frontier Congressional Gold Medal Act 1966 No Social Security Benefits for Prisoners Act of 2009 3029 NOAA Undersea Research Program Act of 2009 1419 Non-Foreign AREA Act of 2009 2619 Non-Foreign Area Retirement Equity Assurance Act of 2009 2619 Northwestern New Mexico Rural Water Projects Act 1367 O Ocean and Coastal Mapping Integration Act 1421 Omnibus Appropriations Act, 2009 524 Omnibus Public Land Management Act of 2009 991 OPEN FOIA Act of 2009 2184 P Protected National Security Documents Act of 2009 2184 Protecting Incentives for the Adoption of Children with Special Needs Act of 2009 1616 Protecting Tenants at Foreclosure Act of 2009 1660 Public-Private Investment Program Improvement and Oversight Act of 2009 1656 R Reserve Officers Association Modernization Act of 2009 3026 Ronald Reagan Centennial Commission Act 1767 Ryan White HIV/AIDS Treatment Extension Act of 2009 2885 S San Joaquin River Restoration Settlement Act 1349 Science Appropriations Act, 2009 587 Science Appropriations Act, 2010 3142 Serve America Act 1460 Special Inspector General for the Troubled Asset Relief Program Act of 2009 1603 Statutory Time-Periods Technical Amendments Act of 2009 1607 Success in Countering Al Qaeda Reporting Requirements Act of 2009 2539 Supplemental Appropriations Act, 2009 1859 T TAA Health Coverage Improvement Act of 2009 423 Thrift Savings Plan Enhancement Act of 2009 1853 Trade and Globalization Adjustment Assistance Act of 2009 367 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009 915 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010 3035 U Utah Recreational Land Exchange Act of 2009 1982 V Veterans’ Compensation Cost-of-Living Adjustment Act of 2009 1927 Veterans Health Care Budget Reform and Transparency Act of 2009 2137 Victims of Iranian Censorship Act 2553 VOICE Act 2553 W Weapon Systems Acquisition Reform Act of 2009 1704 Webcaster Settlement Act of 2009 1926 WIPA and PABSS Reauthorization Act of 2009 2001 Worker, Homeownership, and Business Assistance Act of 2009 2984 SUBJECT INDEXPage Page A ACORN 2053, 2962, 3112, 3157, 3311, 3458Adoption Protecting Incentives for Adoption of Children with Special Needs Act of 2009 1616 Afghanistan Afghan Allies Protection Act of 2009 807 Special Inspector General for Afghanistan Reconstruction, personnel authorities, additional 1932 Aged Lilly Ledbetter Fair Pay Act of 2009 5 AIDS Ryan White HIV/AIDS Treatment Extension Act of 2009 2885 Airlines *See* Aviation Alabama Muscle Shoals National Heritage Area, establishment 1275 Alaska Kenai Mountains-Turnagain Arm National Heritage Area, establishment 1282 Land conveyances and exchanges 1129, 1177, 2684 Aldrin, Edwin E. “Buzz”, Jr. 1966 Aliens and Nationality Special immigration programs, extension 989 Appropriations Agriculture, Rural Development, Food and Drug Administration, and related agencies 526, 2090 Authorizations Defense Nuclear Facilities Safety Board 2717 Maritime Administration 2718 Military Construction Authorization Act for Fiscal Year 2010 2627 National Defense Authorization Act for Fiscal Year 2010 2190 Naval petroleum reserves 2717 Commerce Department 560, 3113 Commerce, Justice, Science, and related agencies 560, 3113 Consolidated, 2010 3034 Continuing 522, 2972 Continuing resolution, 2010 2043 Defense Department, 2010 3409 District of Columbia 649, 3177 Education Department 784, 3259 Energy and water development and related agencies 601, 2845 Enhanced Partnership with Pakistan Act of 2009 2060 Executive office 638, 3167 Financial services and general government 630, 3159 Health and Human Services Department 763, 3239 Homeland Security Department, 2010 2142 Housing and Urban Development Department 950, 3074 Interior, environment, and related agencies 701, 2904 Judiciary, 2010 3173 Justice Department 569, 3122 Labor Department 750, 3225 Labor, Health and Human Services, and related agencies 750, 3225 Legislative branch 812, 2023 Military construction and veterans affairs, 2010 3284 Omnibus, 2009 524 Science 587, 3142 State, foreign operations, and related programs 831, 3312 Supplemental, 2009 115, 1859, 1972 Transportation Department 915, 3035 Transportation, Housing and Urban Development, and related agencies 915, 3035 Treasury Department 630, 3159 Veterans Health Care Budget Reform and Transparency Act of 2009 2137 Arkansas Camp Joseph T. Robinson, reversionary interest, release 2685 Armed Forces Army water permit funding authority, extension 3478 Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces, establishment 2389 Independent panel to review judge advocate requirements of the Department of the Navy, establishment 2278 Medal of Honor Commemorative Coin Act of 2009 2980 Military Construction Authorization Act for Fiscal Year 2010 2627 Military Officers Association of America, Federal charter 3001 Military Spouses Residency Relief Act 3007 National Defense Authorization Act for Fiscal Year 2010 2190 Noncommissioned Officers of the United States Army, recognition 1996 Reserve Officers Association Modernization Act of 2009 3026 Arms and Munitions Weapon Systems Acquisition Reform Act of 2009 1704 Armstrong, Neil A. 1966 Aviation *See* Transportation Awards, Decorations, Medals, Etc. Honorary citizenship 2999 Medals Congressional gold medals 1958, 1966, 2003 Distinguished-Service Cross 2301, 2302 Medal of Honor 2301 BBanks and Banking Credit Card Accountability Responsibility and Disclosure Act of 2009 1734 Credit CARD Technical Corrections Act of 2009 2998 Fraud Enforcement and Recovery Act of 2009 1617 Boards, Commissions, Committees, Etc. Advisory Panel on Department of Defense Capabilities for Support of Civil Authorities After Certain Incidents, additional duties 2449 Board Compensation Committee, establishment 519 Board of Regents of the Uniformed Services University of the Health Sciences, membership criteria, expansion 2285 Christopher and Dana Reeve Paralysis Research Consortium, designation 1453 Climate Change and Water Intragovernmental Panel, establishment 1338 Commission on the Strategic Posture of the United States, extension 2475 Commission on Wartime Contracting in Iraq and Afghanistan, extension 2412 Defense Integrated Military Human Resources System Development and Transition Council, establishment 2433 Defense Nuclear Facilities Safety Board, appropriation authorization 2717 Defense Production Act Committee, establishment 2019 Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces, establishment 2389 Dominguez-Escalante National Conservation Area Advisory Council, establishment 1107 Executive Committee of the Middle Rio Grande Endangered Species Collaborative Program 613 Federal Communications Commission, auction authority, extension 114 Financial Crisis Inquiry Commission, establishment 1625 Foundation for Support of Military Families With Special Needs, establishment 2307 HIT Policy Committee, establishment 234 HIT Standards Committee, establishment 238 Independent panel to review judge advocate requirements of the Department of the Navy, establishment 2278 Integrated Coastal and Ocean Observing System Advisory Committee, establishment 1433 Interagency Committee on Ocean and Coastal Mapping, establishment 1423 Interagency Coordination Group of Inspectors General for Guam Realignment, establishment 2674 Interagency Ocean Observation Committee, establishment 1430 Interagency working group on ocean acidification, establishment 1437 Joint Defense Manufacturing Technology Panel, permanent authority 2225 Medicaid, CHIP, and Employer-Sponsored Coverage Coordination Working Group, establishment 68 Military Commissions Act of 2009 2574 Military Leadership Diversity Commission, expansion 2338 Morris K. Udall and Stewart L Udall Foundation, establishment 2977 National Civilian Community Corps Advisory Board, establishment 1527 National energy sector cyber security organization, establishment 2861 Navajo water project construction committee, establishment 1391 Ocean Exploration and Undersea Research Technology and Infrastructure Task Force, establishment 1418 Ocean Exploration Advisory Board, establishment 1418 Public housing advisory board, establishment 973 Recovery Independent Advisory Panel, establishment 295 Review group for the prevention, diagnosis, and treatment of rare diseases, establishment 2127 Ronald Reagan Centennial Commission, establishment 1767 Small Business Information Security Task Force, establishment 1758 Smithsonian Institution Board of Regents, reappointment 1610 Task force to conduct a nationwide campaign of education and outreach for small business health insurance options for children, establishment 104 Tobacco Products Scientific Advisory Committee, establishment 1824 Tribal Technical Advisory Group, establishment 510 United States Advisory Commission on Public Diplomacy, reauthorization 2057 United States Court of Military Commission Review, establishment 2603 Bonds *See* Securities Burma Import restrictions, renewal 1963 Business and Industry American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act 1775 Board Compensation Committee, establishment 519 Corporate Estimated Tax Shift Act of 2009 1964 Executive compensation, limits 516 Trade and Globalization Adjustment Assistance Act of 2009 367 Worker, Homeownership, and Business Assistance Act of 2009 2984 CCalifornia Ancient Bristlecone Pine Forest, designation 1060 Army Specialist Jeremiah Paul McCleery Post Office Building, designation 3490 Beauty Mountain Wilderness, designation 1063 Bridgeport Winter Recreation Area, designation 1059 Cahuilla Mountain Wilderness, designation 1062 Cesar E. Chavez Post Office, designation 3021 Granite Mountain Wilderness, designation 1054 Johnny Grant Hollywood Post Office Building, designation 3016 Lim Poon Lee Post Office, designation 3018 Magic Mountain Wilderness, designation 1054 Owens River Headwaters Wilderness, designation 1053 Pinto Mountains Wilderness, designation 1063 Pleasant View Ridge Wilderness, designation 1054 Port Chicago Naval Magazine National Memorial, administrative jurisdiction, transfer 2685 San Joaquin River Restoration Settlement Act 1349 Santa Rosa and San Jacinto Mountains National Monument, boundary adjustment 1068 South Fork San Jacinto Wilderness, designation 1062 White Mountains Wilderness, designation 1054 Center for Military Recruitment, Assessment and Veterans Employment 3447 Children, Youth, and Families Children’s Health Insurance Program Reauthorization Act of 2009 8 Family Smoking Prevention and Tobacco Control Act 1776 Protecting Incentives for the Adoption of Children with Special Needs Act of 2009 1616 Task force to conduct a nationwide campaign of education and outreach for small business health insurance options for children, establishment 104 Civil Rights Civil Rights History Project Act of 2009 1612 Lilly Ledbetter Fair Pay Act of 2009 5 Coins *See* Money and Finance Collins, Michael 1966 Colorado Arapaho National Recreation Area, boundary adjustment 1075 Cache La Poudre River National Heritage Area, establishment 1229 Dominguez Canyon Wilderness Area, designation 1103 Dominguez-Escalante National Conservation Area, establishment 1102 Dominguez-Escalante National Conservation Area Advisory Council, establishment1107 East Shore Trail, establishment 1073 Indian Peaks Wilderness, boundary adjustment 1074 Sangre De Cristo National Heritage Area, establishment 1224 South Park National Heritage Area, establishment 1235 Commerce and Trade Burma, import restrictions, renewal 1963 Customs duties, extension 3484 Trade and Globalization Adjustment Assistance Act of 2009 367 Communications and Telecommunications DTV Delay Act 112 Public safety interoperable communications grants, funding availability 3005 Community Service National Civilian Community Corps Advisory Board, establishment 1527 National Civilian Community Corps, establishment 1521 Serve America Act 1460 Compact Between States Washington Metropolitan Area Transit Regulation Compact Amendments, approval 1998 Concurrent Resolutions Adjournment 3499, 3502, 3504, 3552, 3554, 3560, 3568, 3572 Capitol buildings and grounds Emancipation Hall King Kamehameha, birthday celebration, authorization 3552 Sojourner Truth bust, authorization 3505 National Peace Officers’ Memorial Service, authorization 3551 National Statuary Hall Helen Keller statue, authorization 3565 National Weekend of Remembrance Event, authorization 3561 Rotunda Birth of Abraham Lincoln, bicentennial ceremony, authorization 3500 Days of remembrance of victims of the Holocaust commemoration ceremony, authorization 3504 Edward W. Brooke III, Congressional Gold Medal award ceremony, authorization 3567 Ronald Wilson Reagan, statue ceremony, authorization 3505 Soap box derby races, authorization 3502 2009 District of Columbia Special Olympics law enforcement torch run, authorization 3503 Visitor Center Pledge of Allegiance to the Flag and National Motto, engravings 3555 Slave labor marker, placement 3555 Commemorations Army Signal Corps Training Center, GA, 60th anniversary 3570 Bureau of Labor Statistics, 125th anniversary 3557 National Association for the Advancement of Colored People, 100th anniversary 3500 National Sexual Assault Awareness and Prevention Month, support 3550 Sickle Cell Disease Awareness Month, support 3563 Susan G. Komen Global Race for the Cure, support 3553 Food and Nutrition Service, recognition 3557 Enrolled bills, corrections, etc. Legislative Branch Appropriations, 2010 (H.R. 2918) 3564 Federal Budget, Fiscal Year 2010 3506 Hudson River Quadricentennial celebration, recognition 3564 John Arthur “Jack” Johnson, posthumous pardon, support 3558 Joint Congressional Committee on Inaugural Ceremonies, continuation 3499 Joint session 3499, 3500, 3562 Maguindanao, Philippines massacre, condolences and condemnation 3569 Publications, printing House print 3560 Senior caregiving, recognition and support 3562 U.S. citizens held in Iraq, communication and reuniting 3567 Congress Commission on the Strategic Posture of the United States, extension 2475 Office of Compliance, Board of Directors, additional term 3028 One Hundred Eleventh, second session, convening 3479 Conservation Coastal and Estuarine Land Conservation Program Act 1442 Dominguez-Escalante National Conservation Area Advisory Council, establishment 1107 Hydroelectric construction project, commencement deadline, extension 1995 Consumer Protection Credit Card Accountability Responsibility and Disclosure Act of 2009 1734 Credit CARD Technical Corrections Act of 2009 2998 Contracts *See* Government Contracts Copyrights *See also* Patents and Trademarks Webcaster Settlement Act of 2009 1926 Cordova, France A. 2002 Corporations *See* Business and Industry Courts Judicial Survivors Protection Act of 2009 1976 Statutory Time-Periods Technical Amendments Act of 2009 1607 United States Court of Military Commission Review, establishment 2603 Credit *See* Banks and Banking Crime *See* Law Enforcement and Crime DDefense and National Security Advisory Panel on Department of Defense Capabilities for Support of Civil Authorities After Certain Incidents, additional duties 2449 American Communities Right to Public Information Act 2182 Board of Regents of the Uniformed Services University of the Health Sciences, membership criteria, expansion 2285 Defense Integrated Military Human Resources System Development and Transition Council, establishment 2433 Defense Nuclear Facilities Safety Board, appropriation authorization 2717 Defense Production Act Reauthorization of 2009 2006 Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces, establishment 2389 Foundation for Support of Military Families With Special Needs, establishment 2307 Guam realignment, defense activities, management and coordination 2669 Independent panel to review judge advocate requirements of the Department of the Navy, establishment 2278 Joint Defense Manufacturing Technology Panel, permanent authority 2225 Military and Overseas Voter Empowerment Act 2318 Military Commissions Act of 2009 2574 Military Construction Authorization Act for Fiscal Year 2010 2627 Military Leadership Diversity Commission, expansion 2338 National Defense Authorization Act for Fiscal Year 2010 2190 Naval petroleum reserves, appropriation authorization 2717 Office of Community Support for Military Families With Special Needs, establishment 2304 Protected National Security Documents Act of 2009 2184 United States Court of Military Commission Review, establishment 2603 Weapon Systems Acquisition Reform Act of 2009 1704 Disabled Persons Protecting Incentives for the Adoption of Children with Special Needs Act of 2009 1616 Discrimination *See* Civil Rights District of Columbia Washington Metropolitan Area Transit Regulation Compact Amendments, approval 1998 EEducation Fellowships and Scholarships Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009 2976 ServeAmerica Fellowships, establishment 1554 Silver Scholarships and Encore Fellowships, establishment 1559 Higher Education Act of 1965, technical corrections 1934 Miami Dade College Land Conveyance Act 1974 Serve America Act 1460 Employment and Labor Airline Flight Crew Technical Corrections Act 3476 American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Assistance for Unemployed Workers and Struggling Families Act 436 Employ American Workers Act 305 Lilly Ledbetter Fair Pay Act of 2009 5 Relocation Expenses Test Programs, Federal employees, extension 3024 Trade and Globalization Adjustment Assistance Act of 2009 367 WIPA and PABSS Reauthorization Act of 2009 2001 Worker, Homeownership, and Business Assistance Act of 2009 2984 Energy American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Assistant Secretary for Energy, additional position 1449 Energy and Water Development and Related Agencies Appropriations Act, 2009 601 Energy and Water Development and Related Agencies Appropriations Act, 2010 2845 Hydroelectric construction project, commencement deadline, extension 1995 Environmental Protection Climate Change and Water Intragovernmental Panel, establishment 1338 Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009 2976 Exports and Imports Burma import restrictions, renewal 1963 FFederal Buildings and Facilities Akron Veterans Memorial Post Office, MI, designation 3014 Albert Armendariz, Sr., United States Courthouse, TX, designation 2081 Ann Marie Blute Post Office, MA, designation 1267 Army Specialist Jeremiah Paul McCleery Post Office Building, CA, designation 3490 Brian K. Schramm Post Office Building, NY, designation 1774 Captain James A. Lovell Federal Health Care Center, IL, designation 3307 Caroline O’Day Post Office Building, NY, designation 1989 Cesar E. Chavez Post Office, CA, designation 3021 Clyde L. Hillhouse Post Office Building, FL, designation 3492 Coach Jodie Bailey Post Office Building, MO, designation 3489 Colonel John H. Wilson, Jr. Post Office Building, IL, designation 523 Conrad Derouen, Jr. Post Office, LA, designation 3017 Corporal Joseph A. Tomci Post Office Building, OH, designation 3494 Dr. Martin Luther King, Jr. Post Office, OR, designation 3023 Dwight D. Eisenhower National Fish Hatchery, VA, designation 724 Elijah Pat Larkins Post Office Building, FL, designation 1981 1st Lieutenant Louis Allen Post Office, NY, designation 3488 Frederic Remington Post Office Building, NY, designation 1990 Geraldine Ferraro Post Office Building, NY, designation 1979 Herbert A. Littleton Postal Station, NY, designation 1991 Iraq and Afghanistan Veterans Memorial Post Office, IA, designation 3019 J. Herbert W. Small Federal Building and United States Courthouse, NC, designation 1924 Jack F. Kemp Post Office Building, NY, designation 3022 John “Bud” Hawk Post Office, WA, designation 3011 John J. Shiven Post Office Building, MI, designation 3015 Johnny Grant Hollywood Post Office Building, CA, designation 3016 John S. Wilder Post Office Building, TN, designation 3487 John Scott Challis, Jr. Post Office, PA, designation 1980 Kile G. West Post Office Building, TX, designation 1993 Laredo Veterans Post Office, TX, designation 1992 Lieutenant Commander Roy H. Boehm Post Office Building, FL, designation 1994 Lim Poon Lee Post Office, CA, designation 3018 Major Ed W. Freeman Post Office, MS, designation 1773 Natural Resources Conservation Service facility, WY, real property transfer 2103 Patricia D. McGinty-Juhl Post Office Building, NJ, designation 3491 Ralph Regula Federal Building and United States Courthouse, OH, designation 2080 Rex E. Lee Post Office Building, UT, designation 3020 Robley Rex Department of Veterans Affairs Medical Center, KY, designation 3308 Ronald H. Brown United States Mission to the United Nations Building, NY, designation 1925 Roy Rondeno, Sr. Post Office Building, LA, designation 1308 Sergeant Marcus Mathes Post Office, FL, designation 3012 Sidney M. Aronovitz United States Courthouse, FL, designation 2085 Stanley J. Roszkowski United States Courthouse, IL, designation 1602 Stan Lundine Post Office Building, NY, designation 1772 W. Hazen Hillyard Post Office Building, UT, designation 3493 Wes Watkins Agricultural Research Laboratory, OK, designation 3013 Wes Watkins Post Office, OK, designation 3013 William O. Lipinski Federal Building, IL, designation 2084 Yvonne Ingram-Ephraim Post Office Building, GA, designation 1771 Fellowships and Scholarships *See* Education Financial Institutions *See* Banks and Banking Fisher House Foundation, Inc. 3445 Flag, U.S. Korean War Veterans Recognition Act 1962 Florida Clyde L. Hillhouse Post Office Building, designation 3492 Elijah Pat Larkins Post Office Building, designation 1981 Lieutenant Commander Roy H. Boehm Post Office Building, designation 1994 Miami Dade College Land Conveyance Act 1974 Sergeant Marcus Mathes Post Office, designation 3012 Sidney M. Aronovitz United States Courthouse, designation 2085 Foreclosures *See* Housing Foreign Relations Enhanced Partnership with Pakistan Act of 2009 2060 Foreign Evidence Request Efficiency Act of 2009 2086 Radio Free Asia, extension 2058 Success in Countering Al Qaeda Reporting Requirements Act of 2009 2539 United States Advisory Commission on Public Diplomacy, reauthorization 2057 Victims of Iranian Censorship Act 2553 Fraud Fraud Enforcement and Recovery Act of 2009 1617 GGeorgia Yvonne Ingram-Ephraim Post Office Building, designation 1771 Glenn, John Herschel, Jr. 1966 Government Contracts Commission on Wartime Contracting in Iraq and Afghanistan, extension 2412 Department of Veterans Affairs medical facility project, authorization 2140 Weapon Systems Acquisition Reform Act of 2009 1704 Government Employees Federal employee benefits 2614 Federal Retirement Reform Act of 2009 1852 Non-Foreign Area Retirement Equity Assurance Act of 2009 2619 Office of Secretary of the Interior, compensation and emolument requirements 3 OPEN FOIA Act of 2009 2184 Relocation Expenses Test Programs, extension 3024 Thrift Savings Plan Enhancement Act of 2009 1853 Government Organization Commerce Department Economic Development Administration Director of Adjustment Assistance for Firms, establishment 398 National Oceanic and Atmospheric Administration Integrated Ocean Observing Program Office, establishment 1431 Defense Department Assistant Secretary of Defense for Logistics and Materiel Readiness, establishment 2426 Deputy Under and Assistant Secretaries positions, changes 2425 Deputy Under Secretary of Defense for Technology Security Policy, abolished 2425 Director of Cost Assessment and Program Evaluation, appointment 1705 Director of Developmental Test and Evaluation, appointment 1710 Director of Systems Engineering, appointment 1712 Office of Community Support for Military Families With Special Needs, establishment 2304 Energy Department Assistant Secretary position, additional 1449 Health and Human Services Department Food and Drug Administration Center for Tobacco Products, establishment 1787 Office to Assist Small Tobacco Products Manufacturers, establishment 1787 Review group for the prevention, diagnosis, and treatment of rare diseases, establishment 2127 Justice Department Criminal Division Human rights laws section, establishment 3480 Labor Department Office of Trade Adjustment Assistance, establishment 389 National Nuclear Security Administration Office of Defense Nuclear Counterintelligence, transfer 2710 Office of Compliance, Board of Directors, additional term 3028 Office of the National Coordinator for Health Information Technology, establishment 230 Small Business Administration Secondary Market Guarantee Authority, establishment 153 Secondary Market Lending Authority, establishment 159 Special Inspector General for Afghanistan Reconstruction, personnel authorities, additional 1932 Special Inspector General for the Troubled Assets Relief Program Act of 2009 1603 State Department Bureau of Democracy, Human Rights and Labor Deputy Assistant Secretary, designation 878 Grants Public safety interoperable communication grant program, funding availability 3005 Republic of Palau 2931 Ryan White HIV/AIDS Treatment Extension Act of 2009 2885 Guam Interagency Coordination Group of Inspectors General for Guam Realignment, establishment 2674 Realignment, defense activities, management and coordination 2669 HHawaii Land conveyance 2687 Health and Health Care Centers for Health Care Information Enterprise Integration, establishment 245 Children’s Health Insurance Program Reauthorization Act of 2009 8 Christopher and Dana Reeve Paralysis Act 1452 Family Smoking Prevention and Tobacco Control Act 1776 Health Information Technology Research Center, establishment 247 Health Information Technology for Economic and Clinical Health Act 226, 467 Medicaid and Medicare Durable medical equipment accreditation deadline, extension 2059 Medicaid, CHIP, and Employer-Sponsored Coverage Coordination Working Group, establishment 68 Office of the National Coordinator for Health Information Technology, establishment 230 Ryan White HIV/AIDS Treatment Extension Act of 2009 2885 TAA Health Coverage Improvement Act of 2009 423 Task force to conduct a nationwide campaign of education and outreach for small business health insurance options for children, establishment 104 Tribal Technical Advisory Group, establishment 510 Veterans Health Care Budget Reform and Transparency Act of 2009 2137 Highways *See* Transportation Historic Preservation Civil Rights History Project Act of 2009 1612 Galveston Historical Foundation, TX, real property conveyance 2082 Housing Department of Housing and Urban Development Appropriations Act, 2009 950 Fraud Enforcement and Recovery Act of 2009 1617 Helping Families Save Their Homes Act of 2009 1632 Protecting Tenants at Foreclosure Act of 2009 1660 Public housing advisory board, establishment 973 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009 915 Worker, Homeownership, and Business Assistance Act of 2009 2984 Human Rights Human Rights Enforcement Act of 2009 3480 IIdaho Big Jacks Creek Wilderness, designation 1032 Bruneau-Jarbidge Rivers Wilderness, designation 1033 Herbert A. Littleton Postal Station, designation 1991 Land conveyance 1123 Little Jacks Creek Wilderness, designation 1033 North Fork Owyhee Wilderness, designation 1033 Owyhee River Wilderness, designation 1033 Owyhee Science Review and Conservation Center, establishment 1032 Pole Creek Wilderness, designation 1033 Illinois Captain James A. Lovell Federal Health Care Center, designation 3307 Colonel John H. Wilson, Jr. Post Office Building, designation 523 Stanley J. Roszkowski United States Courthouse, designation 1602 William O. Lipinski Federal Building, designation 2084 Immigration Afghan Allies Protection Act of 2009 807 Special immigrations programs, extension 989 Indians *See* Native Americans Intergovernmental Relations American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Children’s Heath Insurance Program Reauthorization Act of 2009 8 Investments *See* Securities Iowa Iraq and Afghanistan Veterans Memorial Post Office, designation 3019 Iran Victims of Iranian Censorship Act 2553 JJobs *See* Employment and Labor Judiciary and Judicial Procedures *See* Courts K Kaho’ohanohano, Anthony T. 2301 Kennedy, Victoria Reggie 2023Kentucky Robley Rex Department of Veterans Affairs Medical Center, designation 3308 LLaw Enforcement and Crime Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act 1775 Foreign Evidence Request Efficiency Act of 2009 2086 Human Rights Enforcement Act of 2009 3480 Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act 2835 Prisons and Prisoners Miami Dade College Land Conveyance Act 1974 No Social Security Benefits for Prisoners Act of 2009 3029 Leases *See* Government Contracts Loans Helping Families Save Their Homes Act of 2009 1632 Louisiana Conrad DeRouen, Jr. Post Office, designation 3017 Roy Rondeno, Sr. Post Office Building, designation 1308 MMaps and Mapping Interagency Committee on Ocean and Coastal Mapping, establishment 1423 Ocean and Coastal Mapping Integration Act 1421 United States geological survey, reauthorization 1414 Maritime Affairs Maritime Administration, appropriations authorization 2718 Maryland Baltimore National Heritage Area, establishment 1247 Washington Metropolitan Area Transit Regulation Compact Amendments, approval 1998 Massachusetts Ann Marie Blute Post Office, designation 1267 Freedom’s Way National Heritage Area, establishment 1253 Medicaid *See* Health and Health Care Medicare *See* Health and Health Care Michigan Akron Veterans Memorial Post Office, designation 3014 John J. Shiven Post Office Building, designation 3015 Miles, William T., Jr. 2302 Minorities Civil Rights History Project Act of 2009 1612 Lilly Ledbetter Fair Pay Act of 2009 5 Mississippi Major Ed W. Freeman Post Office, designation 1773 Mississippi Delta National Heritage Area, establishment 1267 Mississippi Hills National Heritage Area, establishment 1260 Missouri Coach Jodie Bailey Post Office Building, designation 3489 Mladic, Ratko 3391 Money and Finance Coins Girl Scouts USA Centennial Commemorative Coin Act 2881 Medal of Honor Commemorative Coin Act of 2009 2980 Public debt limit, increase 366, 3483 Mortgages *See* Housing NNational Parks, Memorials, Monuments National Heritage Areas Baltimore National Heritage Area, MD, establishment 1247 Cache La Poudre River National Heritage Area, CO, establishment 1229 Freedom’s Way National Heritage Area, MA and NH, establishment 1253 Kenai Mountains-Turnagain Arm, AK, establishment 1282 Mississippi Delta National Heritage Area, MS, establishment 1267 Mississippi Hills National Heritage Area, MS, establishment 1260 Muscle Shoals National Heritage Area, AL, establishment 1275 Northern Plains National Heritage Area, ND, establishment 1240 Sangre De Cristo, National Heritage Area, CO, establishment 1224 South Park National Heritage Area, CO, establishment 1235 National Scenic Areas Bear Creek National Scenic Area, VA, establishment 1004 Seng Mountain National Scenic Area, VA establishment 1004 National Wilderness Preservation System Beartrap Canyon Wilderness, UT, designation 1076 Beauty Mountain Wilderness, CA, designation 1063 Beaver Basin Wilderness, NM, designation 1043 Big Draft Wilderness, WV, designation 1000 Big Jacks Creek Wilderness, ID, designation 1032 Blackridge Wilderness, UT, designation 1076 Bruneau-Jarbidge Rivers Wilderness, ID, designation 1033 Brush Mountain East Wilderness, VA, designation, 1002 Brush Mountain Wilderness, VA, designation 1002 Cahuilla Mountain Wilderness, CA, designation 1062 Clackamas Wilderness, OR, designation 1008 Copper Salmon Wilderness, OR, designation 1025 Cottonwood Canyon Wilderness, UT, designation 1076 Cottonwood Forest Wilderness, UT, designation 1076 Cougar Canyon Wilderness, UT, designation 1076 Deep Creek North Wilderness, UT, designation 1076 Deep Creek Wilderness, UT, designation 1076 Doc’s Pass Wilderness, UT, designation 1076 Dominguez Canyon Wilderness Area, CO, designation 1103 Goose Creek Wilderness, UT, designation 1077 Granite Mountain Wilderness, CA, designation 1054 Indian Peaks Wilderness, CO, boundary adjustment 1074 Kimberling Creek Potential Wilderness Area, VA, designation 1004 Laurel Fork South Wilderness, WV, boundary adjustment 1001 LaVerkin Creek Wilderness, UT, designation 1077 Lewis and Clark Mount Hood Wilderness Areas, OR, designation 1008 Little Jacks Creek Wilderness, ID, designation 1033 Lower White River Wilderness, OR, designation 1009 Lynn Camp Creek Wilderness Study Area, VA, designation 1004 Magic Mountain Wilderness, OR, designation 1054 North Fork Owyhee Wilderness, ID, designation 1033 Omnibus Public Land Management Act of 2009 991 Owens River Headwaters Wilderness, CA, designation 1053 Owyhee River Wilderness, ID, designation 1033 Pinto Mountains Wilderness, CA, designation 1063 Pleasant View Ridge Wilderness, CA, designation 1054 Pole Creek Wilderness, ID, designation 1033 Raccoon Branch Wilderness, VA, designation 1002 Red Butte Wilderness, UT, designation 1077 Red Mountain Wilderness, UT, designation 1077 Roaring Plains West Wilderness, WV, designation 1000 Roaring River Wilderness, OR, designation 1009 Sabinoso Wilderness, NM, designation 1041 Slaughter Creek Wilderness, UT, designation 1077 Soda Mountain Wilderness, OR, designation 1030 South Fork San Jacinto Wilderness, CA, designation 1062 Spice Run Wilderness, WV, designation 1000 Spring Basin Wilderness, OR, designation 1048 Stone Mountain Wilderness, VA, designation 1003 Taylor Creek Wilderness, designation 1077 White Mountains Wilderness, CA, designation 1054 Zion Wilderness, UT, designation 1081 Port Chicago Naval Magazine National Memorial administrative jurisdiction, CA, transfer 2685 Native Americans Apology to Native Peoples of the United States 3453 Native American Heritage Day Act of 2009 1922 Navajo and Hopi Tribes, land development and rights, repeal 1611 Navajo water project construction committee, establishment 1391 Northwestern New Mexico Rural Water Projects Act 1367 Shivwits Band of Paiute Indians, land trust, transfer 1093 Shoshone-Paiute Tribes of the Duck Valley Reservation water rights settlement, approval 1405 Tribal Technical Advisory Group, establishment 510 Tuolumne Band of Me-wuk Indians, trust lands 1125 Nevada Land conveyances and exchanges 1108 Shoshone-Paiute Tribes of the Duck Valley Reservation water rights settlement, approval 1407 New Hampshire Freedom’s Way National Heritage Area, establishment 1253 New Jersey Patricia D. McGinty-Juhl Post Office Building, designation 3491 New Mexico Beaver Basin Wilderness, designation 1043 Fort Stanton-Snowy River Cave National Conservation Area, establishment 1099 Lovelace Respiratory Research Institute, land conveyance 1449 Morley Nelson Snake River Birds of Prey National Conservation Area, designation 1101 New Mexico Rural Water Projects Act 1367 Prehistoric Trackways National Monument, establishment 1096 Sabinoso Wilderness, designation 1041 New York Brian K. Schramm Post Office Building, designation 1774 Caroline O’Day Post Office Building, designation 1989 1st Lieutenant Louis Allen Post Office, NY, designation 3488 Frederic Remington Post Office Building, designation 1990 Geraldine Ferraro Post Office Building, designation 1979 Jack F. Kemp Post Office Building, designation 3022 Land conveyance 2690 Ronald H. Brown United States Mission to the United Nations Building, designation 1925 Stan Lundine Post Office Building, designation 1772 North Carolina J. Herbert W. Small Federal Building and United States Courthouse, designation 1924 North Dakota Northern Plains National Heritage Area, establishment 1240 OOceans Federal Ocean Acidification Research and Monitoring Act of 2009 1436 Integrated Coastal and Ocean Observation System Act of 2009 1427 Integrated Coastal and Ocean Observing System, establishment 1429 Integrated Ocean Observing Program Office, establishment 1431 Interagency Committee on Ocean and Coastal Mapping, establishment 1423 Interagency Ocean Observation Committee, establishment 1430 Interagency working group on ocean acidification, establishment 1437 NOAA Undersea Research Program Act of 20091419 Ocean and Coastal Mapping Integration Act 1421 Ocean Exploration Advisory Board, establishment 1418 Ocean Exploration and Undersea Research Technology and Infrastructure Task Force, establishment 1418 Ohio Corporal Joseph A. Tomci Post Office Building, designation 3494 Ralph Regula Federal Building and United States Courthouse, designation 2080 Oklahoma Wes Watkins Agricultural Research Laboratory, designation 3013 Wes Watkins Post Office, designation 3013 Oregon Clackamas Wilderness, designation 1008 Copper Salmon Wilderness, designation 1025 Dr. Martin Luther King, Jr. Post Office, designation 3023 Lewis and Clark Mount Hood Wilderness Areas, designation 1008 Lower White River Wilderness, designation 1009 Mount Hood National Recreation Area, designation 1013 Oregon Badlands Wilderness, designation 1044 Richard L. Kohnstamm Memorial Area, designation 1009 Roaring River Wilderness, designation 1009 Shellrock Mountain lands, administrative jurisdiction, transfer 1014 Soda Mountain Wilderness, designation 1030 Spring Basin Wilderness, designation 1048 PPakistan Enhanced Partnership with Pakistan Act of 2009 2060 Palmer, Arnold 2003 Patents and Trademarks Patent operations funds, avoiding furloughs and reductions-in-force, authorization 1968 Patriotic Commemorations, Observances, and Organizations Girl Scouts USA Centennial Commemorative Coin Act 2881 Korean War Veterans Recognition Act 1962 Medal of Honor Commemorative Coin Act of 2009 2980 Military Officers Association of America, Federal charter 3001 Reserve Officers Association Modernization Act of 2009 3026 Penalties *See* Law Enforcement and Crime Pennsylvania John Scott Challis, Jr., designation 1980 Land conveyance 2690 Prisons and Prisoners *See* Law Enforcement and Crime Proclamations Death of Senator Edward M. Kennedy 3679 H1N1 Influenza Pandemic, national emergency, declaration 3726 National Monuments Marianas Trench Marine, establishment 3575 Pacific Remote Islands Marine, establishment 3582 Rose Atoll Marine, establishment 3594 Special Observances Adoption Month 3728 African American History Month 3611 African-American Music Appreciation Month 3658 Alcohol and Drug Addiction Recovery Month 3684 Alzheimer’s Disease Awareness Month 3729 America Recycles Day 3736 American Heart Month 3609 American Red Cross Month 3612 Anniversary of the Americans with Disabilities Act 3674 Armed Forces Day 3649 Arts and Humanities Month 3712 Asian American and Pacific Islander Heritage Month 3636 Breast Cancer Awareness Month 3706 Cancer Control Month 3620 Captive Nations Week 3672 Caribbean-American Heritage Month 3659 Character Counts Week 3723 Charter Schools Week 3640 Child Abuse Prevention Month 3621 Child Health Day 3716 Child’s Day 3740 Columbus Day 3720 Constitution Day and Citizenship Day, Constitution Week 3699 Consumer Protection Week 3613 Crime Victims’ Rights Week 3632 Critical Infrastructure Protection Month 3743 Cybersecurity Awareness Month 3708 D.A.R.E. Day 3624 Day of Renewal and Reconciliation 3609 Day of Persons With Disabilities 3745 Day of Prayer 3642 Days of Prayer and Remembrance 3688 Defense Transportation Day and National Transportation Week 3645 Diabetes Month 3730 Disability Employment Awareness Month 3707 Domestic Violence Awareness Month 3710 Donate Life Month 3622 Earth Day 3630 Education and Sharing Day, U.S.A. 3623 Emergency Medical Services Week 3652 Employer Support of the Guard and Reserve Week 3696 Energy Awareness Month 3713 Entrepreneurship Week 3737 Equal Pay Day 3633 Family Caregivers Month 3731 Family Day 3705 Family Week 3739 Farm-City Week 3738 Farm Safety and Health Week 3701 Father’s Day 3662 Fire Prevention Week 3714 Fifteenth Anniversary of the Violence Against Women Act 3697 Fiftieth Anniversary of Hawaii Statehood 3677 Flag Day and National Flag Week 3660 Forest Products Week 3725 Former Prisoner of War Recognition Day 3626 General Pulaski Memorial Day 3721 German-American Day 3717 Gold Star Mother’s and Families’ Day 3703 Great Outdoors Month 3657 Greek Independence Day: A National Day of Celebration of Greek and American Democracy 3619 Hispanic Heritage Month 3698 Historically Black Colleges and Universities Week 3680 Human Rights Day, Bill of Rights Day, and Human Rights Week 3747 Hunting and Fishing Day 3702 Hurricane Preparedness Week 3655 Impaired Driving Prevention Month 3744 Information Literacy Awareness Month 3711 Irish-American Heritage Month 3616 Jewish American Heritage Month 3647 Korean War Veterans Armistice Day 3675 Labor Day 3689 Law Day, U.S.A. 3634 Leif Erikson Day 3718 Lesbian, Gay, Bisexual, and Transgender Pride Month 3656 Loyalty Day 3635 Maritime Day 3653 Martin Luther King, Jr., Federal Holiday 3602 Military Family Month 3727 Military Spouse Day 3643 Minority Enterprise Development Week 3676 Mother’s Day 3644 Native American Heritage Month 3732 Oceans Month 3661 Older Americans Month 3639 Ovarian Cancer Awareness Month 3685 Pan American Day and Pan American Week 3627 Park Week 3628 Patriot Day and Day of Service and Remembrance 3691 Peace Officers’ Memorial Day and Police Week 3646 Pearl Harbor Remembrance Day 3746 Physical Fitness and Sports Month 3637 Poison Prevention Week 3618 POW/MIA Recognition Day 3700 Public Lands Recognition Day 3704 Prayer for Peace, Memorial Day 3654 Preparedness Month 3690 Prostate Cancer Awareness Month 3686 Read Across America Day 3615 Religious Freedom Day 3600 Safe Boating Week 3650 Sanctity of Human Life Day 3601 Save Your Vision Week 3614 School Lunch Week 3719 Sexual Assault Awareness Month 3625 65th Anniversary of the Battle of the Bulge 3748 Small Business Week 3651 Summer Learning Day 3671 Thanksgiving Day 3741 35th Anniversary of the Legal Services Corporation 3673 United Nations Day 3724 Veterans Day 3733 Volunteer Week 3629 White Cane Safety Day 3722 Wilderness Month 3687 Women’s Equality Day 3678 Women’s History Month 3617 World AIDS Day 3742 World Freedom Day 3735 World Trade Week 3640 Wright Brothers Day 3749 Tariffs African Growth and Opportunity Act, actions and modifications 3758 China, tire imports, additional duties and modifications 3692 Generalized System of Preferences, duty-free treatment, modifications 3663, 3750 North American Free Trade Agreement, rules of origin, adjustment 3681 United States-Peru Trade Promotion Agreement, implementation 3603 Trafficking in persons, foreign government officials entry, suspension 3607 Victims of Fort Hood Tragedy, TX, honoring 3734 Public Debt *See* Money and Finance Public Information American Communities’ Right to Public Information Act 2182 OPEN FOIA Act of 2009 2184 Public Lands Alaska, land conveyance 2684 California Land conveyance 2686 Port Chicago Naval Magazine, administrative jurisdiction, transfer 2685 Camp Joseph T. Robinson, AR, reversionary interest release 2685 Federal Land Management and Enhancement Act of 2009 2968 Hawaii, land conveyance 2687, 2688 Miami Dade College Land Conveyance Act 1974 Nevada land conveyances and exchanges 1108 New Mexico, land conveyance 1449 New York, land conveyance 2690 Omnibus Public Land Management Act of 2009 991 Pennsylvania, land conveyance 2690 South Dakota, land conveyance 2691 Texas, land conveyance 2692 United States geological survey, reauthorization 1414 Utah Recreational Land Exchange Act of 2009 1982 Virginia, land conveyance 2693 Washington, land exchange and consolidation 2694 Wyoming, land conveyance 2695 Pulaski, Casimir 2999 RReal Property Galveston Historical Foundation, TX, conveyance 2082 Recreation and Recreational Areas Arapaho National Recreation Area, CO, boundary adjustment 1075 Bridgeport Winter Recreation Area, CA, designation 1059 Mount Hood National Recreation Area, OR, designation 1013 Utah Recreational Land Exchange Act 1982 Recycling Consumer Assistance to Recycle and Save Act of 2009 1909 Religion Nonminister religious worker, special immigrant, extension 989 Research and Development Christopher and Dana Reeve Paralysis Act 1452 Christopher and Dana Reeve Paralysis Research Consortium, designation 1453 Federal Ocean Acidification Research and Monitoring Act of 2009 1436 NOAA Undersea Research Program Act of 2009 1419 Rivers and Harbors Craig Thomas Snake Headwaters Legacy Act 1147 San Joaquin River Restoration Settlement Act 1349 Rubenstein, David M. 1610 SSafety Public safety interoperable communications grants, funding availability 3005 Salaries and Wages *See* Employment and Labor Scholarships *See* Education Schools *See* Education Science and Technology Health Information, Technology for Economic and Clinical Health Act 226, 467 National energy sector cyber security organization, establishment 2861 Small Business Information Security Task Force, establishment 1758 Securities and Commodities American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Fraud Enforcement and Recovery Act of 2009 1617 Public-Private Investment Program Improvement and Oversight Act of 2009 1656 Troubled Asset Relief Program, enhanced oversight 1659 Small Business American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Small Business Information Security Task Force, establishment 1758 Small business programs, temporary extension 990, 1965, 2005, 2975 Task force to conduct a nationwide campaign of education and outreach for small business health insurance options for children, establishment 104 South Dakota Land conveyance 2691 State and Local Governments *See* Intergovernmental Relations Stewart, Jack T. 2301 TTaxes American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Assistance for Unemployed Workers and Struggling Families 436 Corporate Estimated Tax Shift Act of 2009 1964 Federal Aviation Administration Extension Act of 2009 1457 Fiscal Year 2010 Federal Aviation Administration Extension Act 2054 Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II 3031 TAA Health Coverage Improvement Act of 2009 423 Tennessee John S. Wilder Post Office Building, designation 3487 Terrorism Success in Countering Al Qaeda Reporting Requirements Act of 2009 2539 Texas Albert Armendariz, Sr., United States Courthouse, designation 2081 Galveston Historical Foundation, real property, conveyance 2082 Kile G. West Post Office Building, designation 1993 Land conveyance 2692 Laredo Veterans Post Office, designation 1992 Tobacco and Tobacco Products Family Smoking Prevention and Tobacco Control Act 1776 Transportation Aviation Airline Flight Crew Technical Corrections Act 3476 Federal Aviation Administration Extension Act of 2009 1457 Fiscal Year 2010 Federal Aviation Administration Extension Act 2054 Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II 3031 Commercial space transportation liability regime, extension 3486 Highways Consumer Assistance to Recycle and Save Program, supplemental appropriations 1972 Highway trust funds, restoration 1970 Tribes *See* Native Americans UUrban and Rural Areas Helping Families Save Their Homes Act of 2009 1632 Northwestern New Mexico Rural Water Projects Act 1367 Utah Beartrap Canyon Wilderness, designation 1076 Beaver Dam National Conservation Area, establishment 1083 Blackridge Wilderness, designation 1076 Boy Scouts, land exchange 1120 Canaan Mountain Wilderness, designation 1076 Cottonwood Canyon Wilderness, designation 1076 Cottonwood Forest Wilderness, designation 1076 Cougar Canyon Wilderness, designation 1076 Deep Creek North Wilderness, designation 1076 Deep Creek Wilderness, designation 1076 Doc’s Pass Wilderness, designation 1076 Goose Creek Wilderness, designation 1077 High Desert Off-Highway Vehicle Trail, designation 1089 Land conveyance 1124 LaVerkin Creek Wilderness, designation 1077 National Landscape Conservation System, establishment 1095 Red Butte Wilderness, designation 1077 Red Cliffs National Conservation Area, establishment 1082 Red Mountain Wilderness, designation 1077 Rex E. Lee Post Office Building, designation 3020 Shivwits Band of Paiute Indians, land trust, transfer 1093 Slaughter Creek Wilderness, designation 1077 Taylor Creek Wilderness, designation 1077 Turnabout Ranch, land conveyance 1119 Utah Recreational Land Exchange Act of 2009 1982 W. Hazen Hillyard Post Office Building, designation 3493 Zion Wilderness, designation 1081 VVeterans American Recovery and Reinvestment Act of 2009 115 American Recovery and Reinvestment Tax Act of 2009 306 Department of Veterans Affairs medical facility project, WA, authorization 2140, 3010 Emergency treatment reimbursement eligibility, non-department facility, expansion 3495 Korean War Veterans Recognition Act 1962 Military Officers Association of America, Federal charter 3001 Veterans’ Compensation Cost-of-Living Adjustment Act of 2009 1927 Veterans Health Care Budget Reform and Transparency Act of 2009 2137 Virginia Bear Creek National Scenic Area, designation 1004 Brush Mountain East Wilderness, designation, 1002 Brush Mountain Wilderness, designation 1002 Dwight D. Eisenhower National Fish Hatchery, designation 724 Kimberling Creek Potential Wilderness Area, designation 1004 Land conveyance 2693 Lynn Camp Creek Wilderness Study Area, designation 1004 Raccoon Branch Wilderness, designation 1002 Seng Mountain National Scenic Area, designation 1004 Stone Mountain Wilderness, designation 1003 Washington Metropolitan Area Transit Regulation Compact Amendments, approval 1998 Volunteers National Service Reserve Corps, establishment 1563 Serve America Act 1460 Voting Military and Overseas Voter Empowerment Act 2318 WWashington Department of Veterans Affairs medical facility project, authorization 3010 John “Bud” Hawk Post Office, designation 3011 Land conveyance 1121, 2694 Water Climate Change and Water Intragovernmental Panel, establishment 1338 Coastal and Estuarine Land Conservation Program Act 1442 Navajo water project construction committee, establishment, 1391 Northwestern New Mexico Rural Water Projects Act 1367 Omnibus Public Land Management Act of 2009 991 Shoshone-Paiute Tribes of the Duck Valley Reservation water rights settlement, approval 1407 Water permit funding authority, extension 3478 West Virginia Big Draft Wilderness, designation 1000 Laurel Fork South Wilderness, boundary adjustment 1001 Monongahela National Forest, boundary confirmation 1001 Roaring Plains West Wilderness, designation 1000 Spice Run Wilderness, designation 1000 Wild Monongahela Wilderness, designation 999 Women Lilly Ledbetter Fair Pay Act of 2009 5 Wyoming Craig Thomas Snake Headwaters Legacy Act of 2008 1147 Land conveyance 2695 Natural Resources Conservation Service facility, real property transfer 2103 3 1 PROPERTY OF THE UNITED STATES GOVERNMENT 111TH CONGRESS 1ST SESSION 2009 Vol. 123 Part 3, pp. 2845–3760 PUBLIC LAWS CONCURRENT RESOLUTIONS PROCLAMATIONS2 1 1 U N I T E D S T A T E SS T A T U T E S A T L A R G E CONTAINING THE LAWS AND CONCURRENT RESOLUTIONS ENACTED DURING THE FIRST SESSION OF THE ONE HUNDRED ELEVENTH CONGRESS OF THE UNITED STATES OF AMERICA 2009 AND PROCLAMATIONS Volume 123 IN THREE PARTS Part 3 PUBLIC LAWS 111–85 THROUGH 111–125, 111–128 THROUGH 111–135, AND 111–137 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 2011 1 PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ARCHIVIST OF THE UNITED STATES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION “The United States Statutes at Large shall be legal evidence of laws, concurrent resolutions, . . . proclamations by the President and proposed or ratified amendments to the Constitution of the United States therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.” (1 USC 112). For sale by the Superintendent of Documents U.S. Government Printing Office Washington, DC 20402–9328 (3-part set; sold in sets only) iii CONTENTS PART 1 Page List of Bills Enacted Into Public Law v List of Public Laws vii List of Concurrent Resolutions xiii List of Proclamations xv Public Laws 111–1 Through 111–11 3 Popular Name Index A1 Subject Index B1 PART 2 List of Bills Enacted Into Public Law v List of Public Laws vii List of Concurrent Resolutions xiii List of Proclamations xv Public Laws 111–12 Through 111–84 1457 Popular Name Index A1 Subject Index B1 PART 3 List of Bills Enacted Into Public Law v List of Public Laws vii List of Concurrent Resolutions xiii List of Proclamations xv Public Laws 111–85 Through 111–125, 111–128 Through 111–135, And 111–137 2845 Concurrent Resolutions 3499 Proclamations 3575 Popular Name Index A1 Subject Index B1 LIST OF BILLS ENACTED INTO PUBLIC LAW LIST OF BILLS ENACTED INTO PUBLIC LAWv THE ONE HUNDRED ELEVENTH CONGRESS OF THE UNITED STATES FIRST SESSION, 2009 BILL PUBLIC LAW H.R. 1 111–5 H.R. 2 111–3 H.R. 131 111–25 H.R. 146 111–11 H.R. 586 111–19 H.R. 621 111–86 H.R. 627 111–24 H.R. 663 111–26 H.R. 774 111–50 H.R. 813 111–34 H.R. 837 111–35 H.R. 838 111–48 H.R. 918 111–27 H.R. 955 111–99 H.R. 987 111–51 H.R. 1016 111–81 H.R. 1105 111–8 H.R. 1127 111–9 H.R. 1209 111–91 H.R. 1243 111–65 H.R. 1256 111–31 H.R. 1271 111–52 H.R. 1275 111–53 H.R. 1284 111–28 H.R. 1377 111–137 H.R. 1388 111–13 H.R. 1397 111–54 H.R. 1512 111–12 H.R. 1516 111–100 H.R. 1541 111–10 H.R. 1595 111–29 H.R. 1626 111–16 H.R. 1687 111–74 H.R. 1713 111–101 H.R. 1777 111–39 H.R. 1817 111–128 H.R. 2004 111–102 H.R. 2053 111–75 H.R. 2090 111–55 H.R. 2121 111–76 H.R. 2131 111–70 H.R. 2162 111–56 H.R. 2215 111–103 H.R. 2245 111–44 H.R. 2325 111–57 H.R. 2344 111–36 H.R. 2346 111–32 H.R. 2422 111–58 H.R. 2470 111–59 H.R. 2498 111–77 H.R. 2632 111–41 H.R. 2647 111–84 H.R. 2675 111–30 H.R. 2760 111–104 H.R. 2877 111–129 H.R. 2892 111–83 H.R. 2913 111–78 H.R. 2918 111–68 H.R. 2938 111–60 H.R. 2972 111–105 H.R. 2996 111–88 H.R. 2997 111–80 H.R. 3072 111–130 H.R. 3114 111–45 H.R. 3119 111–106 H.R. 3183 111–85 H.R. 3288 111–117 H.R. 3319 111–131 H.R. 3325 111–63 H.R. 3326 111–118 H.R. 3357 111–46 H.R. 3386 111–107 H.R. 3435 111–47 H.R. 3539 111–132 H.R. 3547 111–108 H.R. 3548 111–92 H.R. 3593 111–71 H.R. 3606 111–93 H.R. 3607 111–69 H.R. 3614 111–66 H.R. 3663 111–72 H.R. 3667 111–133 H.R. 3767 111–134 H.R. 3788 111–135 H.R. 3819 111–125 H.R. 4165 111–120 H.R. 4217 111–116 H.R. 4218 111–115 H.R. 4284 111–124 H.R. 4314 111–123 H.J. Res. 26 111–94 H.J. Res. 38 111–6 H.J. Res. 40 111–33 H.J. Res. 44 111–61 H.J. Res. 56 111–42 H.J. Res. 62 111–121 S. 39 111–18 S. 181 111–2 S. 234 111–7 S. 352 111–4 S. 383 111–15 S. 386 111–21 S. 407 111–37 S. 454 111–23 S. 475 111–97 S. 509 111–98 S. 520 111–14 S. 614 111–40 S. 615 111–38 S. 735 111–20 S. 748 111–109 S. 832 111–95 S. 896 111–22 S. 1107 111–49 S. 1211 111–110 S. 1289 111–79 S. 1314 111–111 S. 1422 111–119 S. 1472 111–122 S. 1513 111–43 S. 1599 111–113 S. 1677 111–67 S. 1694 111–96 S. 1707 111–73 S. 1717 111–82vi S. 1793 111–87 S. 1818 111–90 S. 1825 111–112 S. 1860 111–114 S. 1929 111–89 S.J. Res. 3 111–1 S.J. Res. 8 111–17 S.J. Res. 9 111–64 S.J. Res. 19 111–62 LIST OF PUBLIC LAWSvii CONTAINED IN THIS VOLUME PUBLIC LAW DATE PAGE 111–1 Ensuring that the compensation and other emoluments attached to the office of Secretary of the Interior are those which were in effect on January 1, 2005 Jan. 16, 2009 3 111–2 Lilly Ledbetter Fair Pay Act of 2009 Jan. 29, 2009 5 111–3 Children’s Health Insurance Program Reauthorization Act of 2009 Feb. 4, 2009 8 111–4 DTV Delay Act Feb. 11, 2009 112 111–5 American Recovery and Reinvestment Act of 2009 Feb. 17, 2009 115 111–6 Making further continuing appropriations for fiscal year 2009, and for other purposes Mar. 6, 2009 522 111–7 To designate the facility of the United States Postal Service located at 2105 East Cook Street in Springfield, Illinois, as the “Colonel John H. Wilson, Jr. Post Office Building” Mar. 9, 2009 523 111–8 Omnibus Appropriations Act, 2009 Mar. 11, 2009 524 111–9 To extend certain immigration programs Mar. 20, 2009 989 111–10 To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes Mar. 20, 2009 990 111–11 Omnibus Public Land Management Act of 2009 Mar. 30, 2009 991 111–12 Federal Aviation Administration Extension Act of 2009 Mar. 30, 2009 1457 111–13 Serve America Act Apr. 21, 2009 1460 111–14 To designate the United States courthouse under construction at 327 South Church Street, Rockford, Illinois, as the “Stanley J. Roszkowski United States Courthouse” Apr. 23, 2009 1602 111–15 Special Inspector General for the Troubled Asset Relief Program Act of 2009 Apr. 24, 2009 1603 111–16 Statutory Time-Periods Technical Amendments Act of 2009 May 7, 2009 1607 111–17 Providing for the appointment of David M. Rubenstein as a citizen regent of the Board of Regents of the Smithsonian Institution May 7, 2009 1610 111–18 To repeal section 10(f) of Public Law 93–531, commonly known as the “Bennett Freeze” May 8, 2009 1611 111–19 Civil Rights History Project Act of 2009 May 12, 2009 1612 111–20 Protecting Incentives for the Adoption of Children with Special Needs Act of 2009 May 15, 2009 1616 111–21 Fraud Enforcement and Recovery Act of 2009 May 20, 2009 1617 111–22 To prevent mortgage foreclosures and enhance mortgage credit availability May 20, 2009 1632 111–23 Weapon Systems Acquisition Reform Act of 2009 May 22, 2009 1704 111–24 Credit Card Accountability Responsibility and Disclosure Act of 2009 May 22, 2009 1734 111–25 Ronald Reagan Centennial Commission Act June 2, 2009 1767viii 111–26 To designate the facility of the United States Postal Service located at 12877 Broad Street in Sparta, Georgia, as the “Yvonne Ingram-Ephraim Post Office Building” June 19, 2009 1771 111–27 To designate the facility of the United States Postal Service located at 300 East 3rd Street in Jamestown, New York, as the “Stan Lundine Post Office Building” June 19, 2009 1772 111–28 To designate the facility of the United States Postal Service located at 103 West Main Street in McLain, Mississippi, as the “Major Ed W. Freeman Post Office” June 19, 2009 1773 111–29 To designate the facility of the United States Postal Service located at 3245 Latta Road in Rochester, New York, as the “Brian K. Schramm Post Office Building” June 19, 2009 1774 111–30 Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act June 19, 2009 1775 111–31 To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees’ Retirement System, and for other purposes June 22, 2009 1776 111–32 Supplemental Appropriations Act, 2009 June 24, 2009 1859 111–33 Native American Heritage Day Act of 2009 June 26, 2009 1922 111–34 To designate the Federal building and United States courthouse located at 306 East Main Street in Elizabeth City, North Carolina, as the “J. Herbert W. Small Federal Building and United States Courthouse” June 30, 2009 1924 111–35 To designate the Federal building located at 799 United Nations Plaza in New York, New York, as the “Ronald H. Brown United States Mission to the United Nations Building”. June 30, 2009 1925 111–36 Webcaster Settlement Act of 2009 June 30, 2009 1926 111–37 Veterans’ Compensation Cost-of-Living Adjustment Act of 2009 June 30, 2009 1927 111–38 To provide additional personnel authorities for the Special Inspector General for Afghanistan Reconstruction June 30, 2009 1932 111–39 To make technical corrections to the Higher Education Act of 1965, and for other purposes July 1, 2009 1934 111–40 To award a Congressional Gold Medal to the Women Airforce Service Pilots (“WASP”) July 1, 2009 1958 111–41 Korean War Veterans Recognition Act July 27, 2009 1962 111–42 Approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes July 28, 2009 1963 111–43 To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes July 31, 2009 1965 111–44 New Frontier Congressional Gold Medal Act Aug. 7, 2009 1966 111–45 To authorize the Director of the United States Patent and Trademark Office to use funds made available under the Trademark Act of 1946 for patent operations in order to avoid furloughs and reductions-in-force, and for other purposes Aug. 7, 2009 1968 111–46 To restore sums to the Highway Trust Fund and for other purposes Aug. 7, 2009 1970 111–47 Making supplemental appropriations for fiscal year 2009 for the Consumer Assistance to Recycle and Save Program Aug. 7, 2009 1972 111–48 Miami Dade College Land Conveyance Act Aug. 12, 2009 1974 111–49 Judicial Survivors Protection Act of 2009 Aug. 12, 2009 1976ix 111–50 To designate the facility of the United States Postal Service located at 46–02 21st Street in Long Island City, New York, as the “Geraldine Ferraro Post Office Building” Aug. 19, 2009 1979 111–51 To designate the facility of the United States Postal Service located at 601 8th Street in Freedom, Pennsylvania, as the “John Scott Challis, Jr. Post Office” Aug. 19, 2009 1980 111–52 To designate the facility of the United States Postal Service located at 2351 West Atlantic Boulevard in Pompano Beach, Florida, as the “Elijah Pat Larkins Post Office Building” Aug. 19, 2009 1981 111–53 Utah Recreational Land Exchange Act of 2009 Aug. 19, 2009 1982 111–54 To designate the facility of the United States Postal Service located at 41 Purdy Avenue in Rye, New York, as the “Caroline O’Day Post Office Building” Aug. 19, 2009 1989 111–55 To designate the facility of the United States Postal Service located at 431 State Street in Ogdensburg, New York, as the “Frederic Remington Post Office Building” Aug. 19, 2009 1990 111–56 To designate the facility of the United States Postal Service located at 123 11th Avenue South in Nampa, Idaho, as the “Herbert A Littleton Postal Station” Aug. 19, 2009 1991 111–57 To designate the facility of the United States Postal Service located at 1300 Matamoros Street in Laredo, Texas, as the “Laredo Veterans Post Office” Aug. 19, 2009 1992 111–58 To designate the facility of the United States Postal Service located at 2300 Scenic Drive in Georgetown, Texas, as the “Kile G. West Post Office Building” Aug. 19, 2009 1993 111–59 To designate the facility of the United States Postal Service located at 19190 Cochran Boulevard FRNT in Port Charlotte, Florida, as the “Lieutenant Commander Roy H. Boehm Post Office Building” Aug. 19, 2009 1994 111–60 To extend the deadline for commencement of construction of a hydroelectric project Aug. 19, 2009 1995 111–61 Recognizing the service, sacrifice, honor, and professionalism of the Noncommissioned Officers of the United States Army Aug. 19, 2009 1996 111–62 Granting the consent and approval of Congress to amendments made by the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to the Washington Metropolitan Area Transit Regulation Compact Aug. 19, 2009 1998 111–63 WIPA and PABSS Reauthorization Act of 2009 Sept. 18, 2009 2001 111–64 Providing for the appointment of France A. Cordova as a citizen regent of the Board of Regents of the Smithsonian Institution Sept. 18, 2009 2002 111–65 To provide for the award of a gold medal on behalf of Congress to Arnold Palmer in recognition of his service to the Nation in promoting excellence and good sportsmanship in golf Sept. 30, 2009 2003 111–66 To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes Sept. 30, 2009 2005 111–67 Defense Production Act Reauthorization of 2009 Sept. 30, 2009 2006 111–68 Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2010, and for other purposes Oct. 1, 2009 2023 111–69 Fiscal Year 2010 Federal Aviation Administration Extension Act Oct. 1, 2009 2054 111–70 To amend the Foreign Affairs Reform and Restructuring Act of 1998 to reauthorize the United States Advisory Commission on Public Diplomacy Oct. 9, 2009 2057x 111–71 To amend the United States International Broadcasting Act of 1994 to extend by one year the operation of Radio Free Asia, and for other purposes Oct. 9, 2009 2058 111–72 To amend title XVIII of the Social Security Act to delay the date on which the accreditation requirement under the Medicare Program applies to suppliers of durable medical equipment that are pharmacies Oct. 13, 2009 2059 111–73 Enhanced Partnership with Pakistan Act of 2009 Oct. 15, 2009 2060 111–74 To designate the federally occupied building located at McKinley Avenue and Third Street, SW., Canton, Ohio, as the “Ralph Regula Federal Building and United States Courthouse” Oct. 19, 2009 2080 111–75 To designate the United States courthouse located at 525 Magoffin Avenue in El Paso, Texas, as the “Albert Armendariz, Sr., United States Courthouse” Oct. 19, 2009 2081 111–76 To authorize the Administrator of General Services to convey a parcel of real property in Galveston, Texas, to the Galveston Historical Foundation Oct. 19, 2009 2082 111–77 To designate the Federal building located at 844 North Rush Street in Chicago, Illinois, as the “William O. Lipinski Federal Building” Oct. 19, 2009 2084 111–78 To designate the United States courthouse located at 301 Simonton Street in Key West, Florida, as the “Sidney M. Aronovitz United States Courthouse” Oct. 19, 2009 2085 111–79 Foreign Evidence Request Efficiency Act of 2009 Oct. 19, 2009 2086 111–80 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 Oct. 21, 2009 2090 111–81 Veterans Health Care Budget Reform and Transparency Act of 2009 Oct. 22, 2009 2137 111–82 To authorize major medical facility leases for the Department of Veterans Affairs for fiscal year 2010, and for other purposes Oct. 26, 2009 2140 111–83 Department of Homeland Security Appropriations Act, 2010 Oct. 28, 2009 2142 111–84 National Defense Authorization Act for Fiscal Year 2010 Oct. 28, 2009 2190 111–85 Energy and Water Development and Related Agencies Appropriations Act, 2010 Oct. 28, 2009 2845 111–86 Girl Scouts USA Centennial Commemorative Coin Act Oct. 29, 2009 2881 111–87 Ryan White HIV/AIDS Treatment Extension Act of 2009 Oct. 30, 2009 2885 111–88 Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes Oct. 30, 2009 2904 111–89 To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes Oct. 30, 2009 2975 111–90 Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009 Nov. 3, 2009 2976 111–91 Medal of Honor Commemorative Coin Act of 2009 Nov. 6, 2009 2980 111–92 Worker, Homeownership, and Business Assistance Act of 2009 Nov. 6, 2009 2984 111–93 Credit CARD Technical Corrections Act of 2009 Nov. 6, 2009 2998 111–94 Proclaiming Casimir Pulaski to be an honorary citizen of the United States posthumously Nov. 6, 2009 2999 111–95 To amend title 36, United States Code, to grant a Federal charter to the Military Officers Association of America, and for other purposes Nov. 6, 2009 3001xi 111–96 To allow the funding for the interoperable emergency communications grant program established under the Digital Television Transition and Public Safety Act of 2005 to remain available until expended through fiscal year 2012, and for other purposes Nov. 6, 2009 3005 111–97 Military Spouses Residency Relief Act Nov. 11, 2009 3007 111–98 To authorize a major medical facility project at the Department of Veterans Affairs Medical Center, Walla Walla, Washington, and for other purposes Nov. 11, 2009 3010 111–99 To designate the facility of the United States Postal Service located at 10355 Northeast Valley Road in Rollingbay, Washington, as the “John ‘Bud’ Hawk Post Office” Nov. 30, 2009 3011 111–100 To designate the facility of the United States Postal Service located at 37926 Church Street in Dade City, Florida, as the “Sergeant Marcus Mathes Post Office” Nov. 30, 2009 3012 111–101 To name the South Central Agricultural Research Laboratory of the Department of Agriculture in Lane, Oklahoma, and the facility of the United States Postal Service located at 310 North Perry Street in Bennington, Oklahoma, in honor of former Congressman Wesley “Wes” Watkins Nov. 30, 2009 3013 111–102 To designate the facility of the United States Postal Service located at 4282 Beach Street in Akron, Michigan, as the “Akron Veterans Memorial Post Office” Nov. 30, 2009 3014 111–103 To designate the facility of the United States Postal Service located at 140 Merriman Road in Garden City, Michigan, as the “John J. Shivnen Post Office Building” Nov. 30, 2009 3015 111–104 To designate the facility of the United States Postal Service located at 1615 North Wilcox Avenue in Los Angeles, California, as the “Johnny Grant Hollywood Post Office Building” Nov. 30, 2009 3016 111–105 To designate the facility of the United States Postal Service located at 115 West Edward Street in Erath, Louisiana, as the “Conrad DeRouen, Jr. Post Office” Nov. 30, 2009 3017 111–106 To designate the facility of the United States Postal Service located at 867 Stockton Street in San Francisco, California, as the “Lim Poon Lee Post Office” Nov. 30, 2009 3018 111–107 To designate the facility of the United States Postal Service located at 1165 2nd Avenue in Des Moines, Iowa, as the “Iraq and Afghanistan Veterans Memorial Post Office” Nov. 30, 2009 3019 111–108 To designate the facility of the United States Postal Service located at 936 South 250 East in Provo, Utah, as the “Rex E. Lee Post Office Building” Nov. 30, 2009 3020 111–109 To redesignate the facility of the United States Postal Service located at 2777 Logan Avenue in San Diego, California, as the “Cesar E. Chavez Post Office” Nov. 30, 2009 3021 111–110 To designate the facility of the United States Postal Service located at 60 School Street, Orchard Park, New York, as the “Jack F. Kemp Post Office Building” Nov. 30, 2009 3022 111–111 To designate the facility of the United States Postal Service located at 630 Northeast Killingsworth Avenue in Portland, Oregon, as the “Dr. Martin Luther King, Jr. Post Office” Nov. 30, 2009 3023 111–112 To extend the authority for relocation expenses test programs for Federal employees, and for other purposes Nov. 30, 2009 3024 111–113 Reserve Officers Association Modernization Act of 2009 Dec. 14, 2009 3026 111–114 To permit each current member of the Board of Directors of the Office of Compliance to serve for 3 terms Dec. 14, 2009 3028 111–115 No Social Security Benefits for Prisoners Act of 2009 Dec. 15, 2009 3029xii 111–116 Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II Dec. 16, 2009 3031 111–117 Consolidated Appropriations Act, 2010 Dec. 16, 2009 3034 111–118 Department of Defense Appropriations Act, 2010 Dec. 19, 2009 3409 111–119 Airline Flight Crew Technical Corrections Act Dec. 21, 2009 3476 111–120 To extend through December 31, 2010, the authority of the Secretary of the Army to accept and expend funds contributed by non-Federal public entities to expedite the processing of permits Dec. 22, 2009 3478 111–121 Appointing the day for the convening of the second session of the One Hundred Eleventh Congress Dec. 22, 2009 3479 111–122 Human Rights Enforcement Act of 2009 Dec. 22, 2009 3480 111–123 To permit continued financing of Government operations Dec. 28, 2009 3483 111–124 To extend the Generalized System of Preferences and the Andean Trade Preference Act, and for other purposes Dec. 28, 2009 3484 111–125 11 For Public Laws 111–126, 111–127, and 111–136, see Volume 124 for the 111th Congress, Second Session. To extend the commercial space transportation liability regime Dec. 28, 2009 3486 111–128 To designate the facility of the United States Postal Service located at 116 North West Street in Somerville, Tennessee, as the “John S. Wilder Post Office Building” Jan. 29, 2010 3487 111–129 To designate the facility of the United States Postal Service located at 76 Brookside Avenue in Chester, New York, as the “1st Lieutenant Louis Allen Post Office” Jan. 29, 2010 3488 111–130 To designate the facility of the United States Postal Service located at 9810 Halls Ferry Road in St. Louis, Missouri, as the “Coach Jodie Bailey Post Office Building” Jan. 29, 2010 3489 111–131 To designate the facility of the United States Postal Service located at 440 South Gulling Street in Portola, California, as the “Army Specialist Jeremiah Paul McCleery Post Office Building” Jan. 29, 2010 3490 111–132 To designate the facility of the United States Postal Service located at 427 Harrison Avenue in Harrison, New Jersey, as the “Patricia D. McGinty-Juhl Post Office Building” Jan. 29, 2010 3491 111–133 To designate the facility of the United States Postal Service located at 16555 Springs Street in White Springs, Florida, as the “Clyde L. Hillhouse Post Office Building” Jan. 29, 2010 3492 111–134 To designate the facility of the United States Postal Service located at 170 North Main Street in Smithfield, Utah, as the “W. Hazen Hillyard Post Office Building” Jan. 29, 2010 3493 111–135 To designate the facility of the United States Postal Service located at 3900 Darrow Road in Stow, Ohio, as the “Corporal Joseph A. Tomci Post Office Building” Jan. 29, 2010 3494 111–137 To amend title 38, United States Code, to expand veteran eligibility for reimbursement by the Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility, and for other purposes Feb. 1, 2010 3495 LIST OF CONCURRENT RESOLUTIONSxiii CONTAINED IN THIS VOLUME CONCURRENT RESOLUTION DATE PAGE S. Con. Res. 1 Joint Session—Electoral vote count Jan. 7, 2009 3499 S. Con. Res. 2 Joint Congressional Committee on Inaugural Ceremonies—Continuation Jan. 7, 2009 3499 H. Con. Res. 26 Adjournment—House of Representatives Jan. 28, 2009 3499 H. Con. Res. 27 Birth of Abraham Lincoln bicentennial ceremony—Capitol rotunda authorization Feb. 3, 2009 3500 H. Con. Res. 41 Joint Session Feb. 11, 2009 3500 H. Con. Res. 35 National Association for the Advancement of Colored People—100th anniversary Feb. 13, 2009 3500 H. Con. Res. 47 Adjournment—House of Representatives and Senate Feb. 13, 2009 3502 H. Con. Res. 37 Soap box derby races—Capitol grounds authorization Mar. 12, 2009 3502 H. Con. Res. 39 2009 District of Columbia Special Olympics law enforcement torch run—Capitol grounds authorization Mar. 17, 2009 3503 H. Con. Res. 54 Days of remembrance of victims of the Holocaust commemoration ceremony—Capitol rotunda authorization Apr. 1, 2009 3504 H. Con. Res. 93 Adjournment—House of Representatives and Senate Apr. 3, 2009 3504 H. Con. Res. 86 Sojourner Truth bust—Emancipation Hall authorization Apr. 23, 2009 3505 H. Con. Res. 101 Ronald Wilson Reagan statue ceremony—Capitol rotunda authorization Apr. 23, 2009 3505 S. Con. Res. 13 Federal budget—Fiscal year 2010 Apr. 29, 2009 3506 H. Con. Res. 104 National Sexual Assault Awareness and Prevention Month—Support Apr. 30, 2009 3550 H. Con. Res. 38 National Peace Officers’ Memorial Service—Capitol grounds authorization May 12, 2009 3551 H. Con. Res. 80 King Kamehameha birthday celebration—Emancipation Hall authorization May 13, 2009 3552 H. Con. Res. 133 Adjournment—House of Representatives and Senate May 21, 2009 3552 H. Con. Res. 109 Susan G. Komen Global Race for the Cure—Recognition and support June 8, 2009 3553 S. Con. Res. 31 Adjournment—Senate and House of Representatives June 26, 2009 3554 H. Con. Res. 131 Pledge of Allegiance to the Flag and National Motto engravings—Capitol Visitor Center July 10, 2009 3555 H. Con. Res. 135 Placement of Slave labor marker—Capitol Visitor Center July 10, 2009 3555 H. Con. Res. 164 Food and Nutritition Service—Recognition July 21, 2009 3557 S. Con. Res. 30 Bureau of Labor Statistics—125th anniversary July 21, 2009 3557 S. Con. Res. 29 John Arthur “Jack” Johnson, posthumous pardon—Support July 29, 2009 3558xiv S. Con. Res. 35 Pocket version of the United States Constitution—House print July 29, 2009 3560 H. Con. Res. 172 Adjournment—House of Representatives and Senate July 31, 2009 3560 H. Con. Res. 171 National Weekend of Remembrance Event—Capitol grounds authorization Aug. 5, 2009 3561 H. Con. Res. 179 Joint Session Sept. 8, 2009 3562 H. Con. Res. 59 Senior caregiving—Recognition and support Sept. 23, 2009 3562 H. Con. Res. 186 Sickle Cell Disease Awareness Month—Support Sept. 30, 2009 3563 H. Con. Res. 191 Enrollment corrections—H.R. 2918 Sept. 30, 2009 3564 H. Con. Res. 178 Hudson River Quadricentennial celebration—Recognition Oct. 5, 2009 3564 S. Con. Res. 42 Helen Keller statue—National Statuary Hall Oct. 6, 2009 3565 S. Con. Res. 43 Edward W. Brooke III, Congressional Gold Medal award ceremony—Capitol rotunda authorization Oct. 21, 2009 3567 S. Con. Res. 45 U.S. citizens held in Iran—Encouraging communication and reuniting with their families Oct. 29, 2009 3567 H. Con. Res. 210 Adjournment—House of Representatives and Senate Nov. 9, 2009 3568 H. Con. Res. 214 Adjournment—House of Representatives and Senate Nov. 20, 2009 3568 H. Con. Res. 218 Maguindanao, Philippines massacre—Condolences and condemnation Dec. 18, 2009 3569 H. Con. Res. 206 Army Signal Corps Training Center at Fort Gordon, Georgia—60th anniversary recognition Dec. 22, 2009 3570 H. Con. Res. 223 Adjournment—House of Representatives and Senate Dec. 24, 2009 3572 LIST OF PROCLAMATIONSxv CONTAINED IN THIS VOLUME PROCLAMATION DATE PAGE 8335 Establishment of the Marianas Trench Marine National Monument Jan. 6, 2009 3575 8336 Establishment—the Pacific Remote Islands Marine National Monument Jan. 6, 2009 3582 8337 Establishment of the Rose Atoll Marine National Monument Jan. 6, 2009 3594 8338 Religious Freedom Day, 2009 Jan. 13, 2009 3600 8339 National Sanctity of Human Life Day, 2009 Jan. 15, 2009 3601 8340 Martin Luther King, Jr., Federal Holiday, 2009 Jan. 15, 2009 3602 8341 To Implement the United States-Peru Trade Promotion Agreement and for Other Purposes Jan. 16, 2009 3603 8342 To Suspend Entry as Immigrants and Nonimmigrants of Foreign Government Officials Responsible for Failing To Combat Trafficking in Persons Jan. 16, 2009 3607 8343 National Day of Renewal and Reconciliation, 2009 Jan. 20, 2009 3609 8344 American Heart Month, 2009 Feb. 2, 2009 3609 8345 National African American History Month, 2009 Feb. 2, 2009 3611 8346 American Red Cross Month, 2009 Feb. 27, 2009 3612 8347 National Consumer Protection Week, 2009 Feb. 27, 2009 3613 8348 Save Your Vision Week, 2009 Feb. 27, 2009 3614 8349 Read Across America Day, 2009 Feb. 27, 2009 3615 8350 Irish-American Heritage Month, 2009 Mar. 2, 2009 3616 8351 Women’s History Month, 2009 Mar. 3, 2009 3617 8352 National Poison Prevention Week, 2009 Mar. 13, 2009 3618 8353 Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 2009 Mar. 24, 2009 3619 8354 National Cancer Control Month, 2009 Apr. 1, 2009 3620 8355 National Child Abuse Prevention Month, 2009 Apr. 1, 2009 3621 8356 National Donate Life Month, 2009 Apr. 1, 2009 3622 8357 Education and Sharing Day, U.S.A., 2009 Apr. 3, 2009 3623 8358 National D.A.R.E. Day, 2009 Apr. 8, 2009 3624 8359 National Sexual Assault Awareness Month, 2009 Apr. 8, 2009 3625 8360 National Former Prisoner of War Recognition Day, 2009 Apr. 9, 2009 3626 8361 Pan American Day and Pan American Week, 2009 Apr. 9, 2009 3627 8362 National Park Week, 2009 Apr. 17, 2009 3628 8363 National Volunteer Week, 2009 Apr. 21, 2009 3629 8364 Earth Day, 2009 Apr. 22, 2009 3630 8365 National Crime Victims’ Rights Week, 2009 Apr. 24, 2009 3632 8366 National Equal Pay Day, 2009 Apr. 28, 2009 3633 8367 Law Day, U.S.A., 2009 Apr. 30, 2009 3634 8368 Loyalty Day, 2009 May 1, 2009 3635 8369 Asian American and Pacific Islander Heritage Month, 2009 May 1, 2009 3636 8370 National Physical Fitness and Sports Month, 2009 May 1, 2009 3637xvi 8371 Older Americans Month, 2009 May 4, 2009 3639 8372 National Charter Schools Week, 2009 May 4, 2009 3640 8373 World Trade Week, 2009 May 6, 2009 3640 8374 National Day of Prayer, 2009 May 7, 2009 3642 8375 Military Spouse Day, 2009 May 8, 2009 3643 8376 Mother’s Day, 2009 May 8, 2009 3644 8377 National Defense Transportation Day and National Transportation Week, 2009 May 11, 2009 3645 8378 Peace Officers Memorial Day and Police Week, 2009 May 11, 2009 3646 8379 Jewish American Heritage Month, 2009 May 12, 2009 3647 8380 Armed Forces Day, 2009 May 14, 2009 3649 8381 National Safe Boating Week, 2009 May 15, 2009 3650 8382 Small Business Week, 2009 May 15, 2009 8382 8383 Emergency Medical Services Week, 2009 May 20, 2009 3652 8384 National Maritime Day, 2009 May 20, 2009 3653 8385 Prayer for Peace, Memorial Day, 2009 May 22, 2009 3654 8386 National Hurricane Preparedness Week, 2009 May 26, 2009 3655 8387 Lesbian, Gay, Bisexual, and Transgender Pride Month, 2009 June 1, 2009 3656 8388 Great Outdoors Month, 2009 June 1, 2009 3657 8389 African-American Music Appreciation Month, 2009 June 2, 2009 3658 8390 National Caribbean-American Heritage Month, 2009 June 2, 2009 3659 8391 Flag Day and National Flag Week, 2009 June 11, 2009 3660 8392 National Oceans Month, 2009 June 12, 2009 3661 8393 Father’s Day, 2009 June 18, 2009 3662 8394 To Modify Duty-Free Treatment Under the Generalized System of Preferences, and for Other Purposes June 29, 2009 3663 8395 National Summer Learning Day, 2009 July 6, 2009 3671 8396 Captive Nations Week, 2009 July 17, 2009 3672 8397 35th Anniversary of the Legal Services Corporation, 2009 July 23, 2009 3673 8398 Anniversary of the Americans With Disabilities Act, 2009 July 24, 2009 3674 8399 National Korean War Veterans Armistice Day, 2009 July 24, 2009 3675 8400 Minority Enterprise Development Week, 2009 Aug. 20, 2009 3676 8401 Fiftieth Anniversary of Hawaii Statehood Aug. 21, 2009 3677 8402 Women’s Equality Day, 2009 Aug. 25, 2009 3678 8403 Death of Senator Edward M. Kennedy Aug. 26, 2009 3679 8404 National Historically Black Colleges and Universities Week, 2009 Aug. 30, 2009 3680 8405 To Adjust the Rules of Origin Under the North American Free Trade Agreement and for Other Purposes Aug. 31, 2009 3681 8406 National Alcohol and Drug Addiction Recovery Month, 2009 Aug. 31, 2009 3684 8407 National Ovarian Cancer Awareness Month, 2009 Aug. 31, 2009 3685 8408 National Prostate Cancer Awareness Month, 2009 Aug. 31, 2009 3686 8409 National Wilderness Month, 2009 Sept. 3, 2009 3687 8410 National Days of Prayer and Remembrance, 2009 Sept. 3, 2009 3688 8411 Labor Day, 2009 Sept. 4, 2009 3689 8412 National Preparedness Month, 2009 Sept. 4, 2009 3690 8413 Patriot Day and National Day of Service and Remembrance, 2009 Sept. 10, 2009 3691 8414 To Address Market Disruption From Imports of Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China Sept. 11, 2009 3692xvii 8415 National Employer Support of the Guard and Reserve Week, 2009 Sept. 14, 2009 3696 8416 Fifteenth Anniversary of the Violence Against Women Act Sept. 14, 2009 3697 8417 National Hispanic Heritage Month, 2009 Sept. 15, 2009 3698 8418 Constitution Day and Citizenship Day, Constitution Week, 2009 Sept. 16, 2009 3699 8419 National POW/MIA Recognition Day, 2009 Sept. 17, 2009 3700 8420 National Farm Safety and Health Week, 2009 Sept. 21, 2009 3701 8421 National Hunting and Fishing Day, 2009 Sept. 22, 2009 3702 8422 Gold Star Mother’s and Families’ Day, 2009 Sept. 25, 2009 3703 8423 National Public Lands Recognition Day, 2009 Sept. 25, 2009 3704 8424 Family Day, 2009 Sept. 28, 2009 3705 8425 National Breast Cancer Awareness Month, 2009 Sept. 30, 2009 3706 8426 National Disability Employment Awareness Month, 2009 Sept. 30, 2009 3707 8427 National Cybersecurity Awareness Month, 2009 Oct. 1, 2009 3708 8428 National Domestic Violence Awareness Month, 2009 Oct. 1, 2009 3710 8429 National Information Literacy Awareness Month, 2009 Oct. 1, 2009 3711 8430 National Arts and Humanities Month, 2009 Oct. 2, 2009 3712 8431 National Energy Awareness Month, 2009 Oct. 2, 2009 3713 8432 Fire Prevention Week, 2009 Oct. 2, 2009 3714 8433 Child Health Day, 2009 Oct. 2, 2009 3716 8434 German-American Day, 2009 Oct. 6, 2009 3717 8435 Leif Erikson Day, 2009 Oct. 7, 2009 3718 8436 National School Lunch Week, 2009 Oct. 9, 2009 3719 8437 Columbus Day, 2009 Oct. 9, 2009 3720 8438 General Pulaski Memorial Day, 2009 Oct. 9, 2009 3721 8439 White Cane Safety Day, 2009 Oct. 15, 2009 3722 8440 National Character Counts Week, 2009 Oct. 19, 2009 3723 8441 United Nations Day, 2009 Oct. 19, 2009 3724 8442 National Forest Products Week, 2009 Oct. 23, 2009 3725 8443 Declaration of a National Emergency With Respect to the 2009 H1N1 Influenza Pandemic Oct. 23, 2009 3726 8444 Military Family Month, 2009 Oct. 30, 2009 3727 8445 National Adoption Month, 2009 Oct. 30, 2009 3728 8446 National Alzheimer’s Disease Awareness Month, 2009 Oct. 30, 2009 3729 8447 National Diabetes Month, 2009 Oct. 30, 2009 3730 8448 National Family Caregivers Month, 2009 Oct. 30, 2009 3731 8449 National Native American Heritage Month, 2009 Oct. 30, 2009 3732 8450 Veterans Day, 2009 Oct. 30, 2009 3733 8451 Honoring the Victims of the Tragedy at Fort Hood, Texas Nov. 6, 2009 3734 8452 World Freedom Day, 2009 Nov. 9, 2009 3735 8453 America Recycles Day, 2009 Nov. 13, 2009 3736 8454 National Entrepreneurship Week, 2009 Nov. 19, 2009 3737 8455 National Farm-City Week, 2009 Nov. 20, 2009 3738 8456 National Family Week, 2009 Nov. 20, 2009 3739 8457 National Child’s Day, 2009 Nov. 20, 2009 3740 8458 Thanksgiving Day, 2009 Nov. 20, 2009 3741 8459 World AIDS Day, 2009 Nov. 25, 2009 3742 8460 Critical Infrastructure Protection Month, 2009 Dec. 2, 2009 3743 8461 National Impaired Driving Prevention Month, 2009 Dec. 2, 2009 3744 8462 International Day of Persons With Disabilities, 2009 Dec. 2, 2009 3745 8463 National Pearl Harbor Remembrance Day, 2009 Dec. 4, 2009 3746xviii 8464 Human Rights Day, Bill of Rights Day, And Human Rights Week, 2009 Dec. 9, 2009 3747 8465 65th Anniversary of the Battle of the Bulge, 2009 Dec. 15, 2009 3748 8466 Wright Brothers Day, 2009 Dec. 16, 2009 3749 8467 To Modify Duty-Free Treatment Under the Generalized System of Preferences, and for Other Purposes Dec. 23, 2009 3750 8468 To Take Certain Actions Under the African Growth and Opportunity Act Dec. 23, 2009 3758 19 P U B L I C L A W S (CONTINUED) ?20 Public Law 111–85: Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2010, and for other purposes. Public Law85 Public Law 111–85123 Stat. 2845 2009-10-28 United States Government Publishing OfficeNational Archives and Records AdministrationOffice of the Federal Registertext/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. GPO Locator to USLM Converter 3.11.8;Stage2.202304032024-03-28 111public
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Traces to 200 documents
U.S. Code
298 references not yet in our index
  • Pub. L. 111-84
  • Pub. L. 109-163
  • 119 Stat. 3157
  • Pub. L. 110-181
  • 122 Stat. 29
  • Pub. L. 110-417
  • 122 Stat. 4376
  • 10 USC 7291
  • 122 Stat. 4378
  • 122 Stat. 4373
  • 122 Stat. 31
  • 119 Stat. 3164
  • 122 Stat. 4392
  • Pub. L. 107-314
  • Pub. L. 108-136
  • 117 Stat. 1576
  • Pub. L. 103-337
  • 108 Stat. 2695
  • Pub. L. 105-261
  • 122 Stat. 4730
  • 16 USC 670c–1
  • 122 Stat. 66
  • 122 Stat. 67
  • 10 USC 4544
  • 41 USC 253b(f)
  • Pub. L. 109-58
  • 122 Stat. 4427
  • 10 USC 4551
  • 122 Stat. 69
  • 122 Stat. 4581
  • 122 Stat. 4434
  • Pub. L. 109-364
  • 120 Stat. 2215
  • 10 USC 4342
  • 119 Stat. 3271
  • Pub. L. 106-398
  • 20 USC 6316(b)
  • 122 Stat. 4468
  • 122 Stat. 119
  • 120 Stat. 2225
+ 258 more
Citation graph
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Public Law 111–84
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
U.S.C.§ 101
U.S.C.§ 221
U.S.C.§ 2501
U.S.C.§ 401a
U.S.C.§ 2431
U.S.C.§ 2358
U.S.C.§ 7501
U.S.C.§ 1051
U.S.C.§ 3715
SCOTUS384 U.S. 436
SCOTUS543 U.S. 220
Pub. L.Pub. L. 111-84
Cites 498 · showing 12Cited by 0 across 0 sources
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