Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	8,878	n/a	n/a
Reported in House	123,102	1,053	98%
Engrossed in House	157,804	429	28%
Placed on Calendar Senate	157,101	8	0%
Engrossed Amendment Senate	226,379	5,680	95%
Enrolled Bill	289,213	6,433 Show Changes Hide Changes	85%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate Engrossed Amendment Senate Enrolled Bill

HR 2647 EAS

In the Senate of the United States,

July 23, 2009.

Resolved, That the bill from the House of Representatives (H.R.2647CommentsClose CommentsPermalink

) entitled ‘An Act t One Hundred Eleventh Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, to provide special pays and allowances to certain members of the Armed Forces, expand concurrent receipt of military retirement and VA disability benefits to disabled military retirees, and for other purposes.’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

and for other purposes.CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘National Defense Authorization Act for Fiscal Year 2010’.CommentsClose CommentsPermalink

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

(a) Divisions- This Act is organized into sevenfive divisions as follows:CommentsClose CommentsPermalink





(1) Division A--Department of Defense Authorizations.CommentsClose CommentsPermalink





(2) Division B--Military Construction Authorizations.CommentsClose CommentsPermalink





(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.CommentsClose CommentsPermalink





(4) Division D--Funding Ttables.CommentsClose CommentsPermalink





(5) Division E--Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention ActCommentsClose CommentsPermalink





.

(6) Division F-SBIR/STTR Reauthorization.

(7) Division G-Maritime Administration Authorization.

(b)(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink




Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Organization of Act into divisions; table of contents.CommentsClose CommentsPermalink





Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.CommentsClose CommentsPermalink





Sec. 102. Navy and Marine Corps.CommentsClose CommentsPermalink





Sec. 103. Air Force.CommentsClose CommentsPermalink





Sec. 104. Defense-wide activities.CommentsClose CommentsPermalink





Sec. 105. Funding tableNational Guard and Reserve equipment.CommentsClose CommentsPermalink





Sec. 106. Elimination of F-22A aircraft procurement funding.Subtitle B--NavMine Resistant Ambush Protected Vehicle Fund.CommentsClose CommentsPermalink





Sec. 107. Relation to funding table.CommentsClose CommentsPermalink

Subtitle B--Army Programs

Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade combat team equipment.CommentsClose CommentsPermalink

Sec. 121. Littoral Combat Ship program.CommentsClose CommentsPermalink





Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisition program.CommentsClose CommentsPermalink





Sec. 11223. Report on strategic plan for homeporting the Littoral Combat Ship.CommentsClose CommentsPermalink





Sec. 11324. Advance procurement funding.CommentsClose CommentsPermalink





Sec. 125. Procurement programs for future naval surface combatants.CommentsClose CommentsPermalink





Sec. 11426. Ford-class aircraft carrier report.CommentsClose CommentsPermalink





Sec. 127. Report on a service life extension program for Oliver Hazard Perry class frigates.CommentsClose CommentsPermalink





Sec. 115. Competitive bidding for procurement of steam turbines for ships service turbine generators and main propulsion turbines for Ohio-class submarine replacement program.Subtitle C28. Conditional multiyear procurement authority for F/A-18E, F/A-18F, or EA-18G aircraft.CommentsClose CommentsPermalink

Subtitle D--Air Force Matters

Sec. 121. Limitation on retirement of C-5 aircraft.

Sec. 12Programs

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.CommentsClose CommentsPermalink





Sec. 132. Revised availability of certain funds available for the F-22A fighter aircraft.CommentsClose CommentsPermalink





Sec. 123. Report on potential foreign military sales of the F-22A33. Preservation and storage of unique tooling for F-22 fighter aircraft.CommentsClose CommentsPermalink





Sec. 124. Next generation bomber aircraft.Sec. 12534. AC-130 gunships.CommentsClose CommentsPermalink





Sec. 12635. Report on E-8C Joint Surveillance and Target Attack Radar System re-engining.CommentsClose CommentsPermalink





Subtitle D Sec. 136. Repeal of requirement to maintain certain retired C-130E aircraft. CommentsClose CommentsPermalink





Sec. 137. Limitation on retirement of C-5 aircraft.CommentsClose CommentsPermalink





Sec. 138. Reports on strategic airlift aircraft.CommentsClose CommentsPermalink





Sec. 139. Strategic airlift force structure.CommentsClose CommentsPermalink

Subtitle E--Joint and Multiservice Matters

Sec. 13141. Body armor procurement.CommentsClose CommentsPermalink





Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.CommentsClose CommentsPermalink





Sec. 143. Modification of nature of data link utilizablfor use by tactical unmanned aerial vehicles.CommentsClose CommentsPermalink

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 202. Relation to funding table.CommentsClose CommentsPermalink

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on use of funds for an alternative propulsion system for the F-35 Joint Strike Fighter program; increase in funding for procurement of UH-1Y/AH-1Z rotary wing aircraft and for management reserves for the F-35 Joint Strike Fighter pExtension and enhancement of Global Research Watch Program.CommentsClose CommentsPermalink





Sec. 212. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base.

Sec. 213. Guidance on specification of funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities.

Sec. 214. Permanent authority for the Joint Defense Manufacturing Technology Panel.CommentsClose CommentsPermalink




Sec. 215. Extension and enhancement of Global Research Watch3. Elimination of report requirements regarding Defense Science and Technology Program.CommentsClose CommentsPermalink





Sec. 216. Three-year extension of authority for prizes for advanced technology achievements4. Authorization for the Secretary of the Navy to purchase infrastructure and Government purpose rights license associated with the Navy-Marine Corps intranet.CommentsClose CommentsPermalink





Sec. 217. Modification of report requirements regarding Defense Science and Technology Program5. Limitation on expenditure of funds for Joint Multi-Mission Submersible program.CommentsClose CommentsPermalink





Sec. 216. Separate program elements required for research and development of individual body armor and associated components.CommentsClose CommentsPermalink





Sec. 2187. Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft.CommentsClose CommentsPermalink





Sec. 218. Restriction on obligation of funds for Army tactical ground network program pending receipt of report.CommentsClose CommentsPermalink





Sec. 219. Programs for ground combat vehicle and self -propelled howitzer capabilities for the Army.CommentsClose CommentsPermalink





Sec. 21920. Guidance on budget justification materials describing funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities.CommentsClose CommentsPermalink





Sec. 221. Assessment of technological maturity and integration risk of Army modernization programs.CommentsClose CommentsPermalink





Sec. 220. Assessment of strategy for technology for modernization of the combat2. Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets.CommentsClose CommentsPermalink

Subtitle C--Missile Defense Programs

Sec. 2431. Sense of Congress on ballistic missile defense.CommentsClose CommentsPermalink





Sec. 242. Comprehensive plan for test and evaluation of the Ballistic Missile Defense System.Sec. 24332. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System.CommentsClose CommentsPermalink





Sec. 244. Report on potential missile defense cooperation with Russia.Sec. 24533. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska.CommentsClose CommentsPermalink





Sec. 246. Sense of Senate on and reservation of funds for development and deployment of missile defense system34. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe.CommentsClose CommentsPermalink





Sec. 24735. Authorization of funds for development and deployment of alternative missile defense systems in Europe.CommentsClose CommentsPermalink





Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile defense system.CommentsClose CommentsPermalink





Sec. 237. Study on discrimination capabilities of ballistic missile defense system.CommentsClose CommentsPermalink





Sec. 238. Ascent phase missile defense strategy and plan.CommentsClose CommentsPermalink





Sec. 239. Extension of deadline for study on boost-phase missile defense.CommentsClose CommentsPermalink

Subtitle D--Other MattersSec. 25Reports

Sec. 241. Repeal of requirement for biennial joint warfighting science and technology plan.CommentsClose CommentsPermalink





Sec. 2542. Modification of reporting requirement for defense nanotechnology research and development program.CommentsClose CommentsPermalink





Sec. 25343. Comptroller General assessment of coordination of energy storage device requirements, purchases, and investments.CommentsClose CommentsPermalink





Sec. 244. Annual Comptroller General report on the F-35 Lightning II aircraft acquisition program.CommentsClose CommentsPermalink





Sec. 245. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities.CommentsClose CommentsPermalink





Sec. 246. Report on future research and development of man-portable and vehicle-mounted guided missile systems.CommentsClose CommentsPermalink





Sec. 247. Report on the development of command and control systems.CommentsClose CommentsPermalink





Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.CommentsClose CommentsPermalink

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink





Sec. 302. Relation to funding table.CommentsClose CommentsPermalink

Subtitle B--Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs.CommentsClose CommentsPermalink





Sec. 312. Reauthorization of title I of Sikes Act.CommentsClose CommentsPermalink





Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installations.CommentsClose CommentsPermalink





Sec. 314. Reauthorization of pilot program for invasive species management for military installations in Guam.CommentsClose CommentsPermalink





Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the fFormer Nansemond Ordnance Depot Site, Suffolk, Virginia.CommentsClose CommentsPermalink





Sec. 316. Procurement and use of munitions.CommentsClose CommentsPermalink





Sec. 317. Prohibition on disposing of waste in open-air burn pits.CommentsClose CommentsPermalink





Sec. 318. Military munitions response sites.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 322. Time limitation on duration of public-private competitions.CommentsClose CommentsPermalink





Sec. 323. Policy regarding installation of major modifications and upgrades.CommentsClose CommentsPermalink





Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.CommentsClose CommentsPermalink





Sec. 322. Improvement of inventory management practices.Sec. 3235. Temporary suspension of authority for public-private competitions.

Sec. 323A. Public-private competition required before conversion of any department of defense function performed by civilian employees to contractor performance.

Sec. 323B. Time limitation on duration of public-private competitions.Sec. 323C. Termination of certain public-private competitions for conversion of department of dDepartment of Defense functions to performance by a contractor.CommentsClose CommentsPermalink




Sec. 324. Extension of arsenal support program initiative6. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 3258. Improvement of inventory management practices.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink

Subtitle D--Energy ProvisionsSec. 331. Energy security on Department of Defense installationsSecurity

Sec. 331. Authorization of appropriations for Director of Operational Energy.CommentsClose CommentsPermalink





Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs.CommentsClose CommentsPermalink





Sec. 333. Alternative Aviation Fuel Initiative.Sec. 334. Authorization of appropriations for Director of Operational EnergyReport on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations.CommentsClose CommentsPermalink





Sec. 335. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak period4. Report on use of renewable fuels to meet energy requirements of Department of Defense.CommentsClose CommentsPermalink





Sec. 335. Energy security on Department of Defense installations.CommentsClose CommentsPermalink

Subtitle E--Reports

Sec. 341. Study on Army modularityAnnual report on procurement of military working dogs.CommentsClose CommentsPermalink





Sec. 342. Plan for managing vegetative encroachment at training ranges.CommentsClose CommentsPermalink





Sec. 343. Report on status of Air National Guard and Air Force ReserComptroller General report on the sustainment strategy for the AV-8B Harrier aircraft.CommentsClose CommentsPermalink





Sec. 344. Study on Army modularity.CommentsClose CommentsPermalink

Sec. 351. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes.CommentsClose CommentsPermalink





Sec. 352. Policy on ground combat and camouflage utility uniforms.CommentsClose CommentsPermalink





Sec. 353. Condition-based maintenance demonstration programs.CommentsClose CommentsPermalink





Sec. 354. Extension of arsenal support program initiative.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink





Sec. 402. Revision in permanent active duty end strength minimum levels.CommentsClose CommentsPermalink





Sec. 403. Additional authority for increases of Army active-duty end strengths for fiscal years 2010, 2011,1 and 2012.CommentsClose CommentsPermalink

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.CommentsClose CommentsPermalink





Sec. 412. End strengths for Reserves on active duty in support of the Reserves.CommentsClose CommentsPermalink





Sec. 413. End strengths for military technicians (dual status).CommentsClose CommentsPermalink





Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians.CommentsClose CommentsPermalink





Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.CommentsClose CommentsPermalink





Sec. 416. Report on traineeSubmittal of options for creation of Trainees, Transients, Holdees, and Students account for the Army National Guard.CommentsClose CommentsPermalink





Sec. 417. Authority for service Secretary variances forReport on requirements of the National Guard for non-dual status technicians.CommentsClose CommentsPermalink





Sec. 418. Expansion of authority of Secretaries of the military departments to increase certain end strengths to include Selected Reserve end strengths.CommentsClose CommentsPermalink

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.CommentsClose CommentsPermalink





Sec. 422. Repeal of delayed one-time shift of military retirement payments.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Modification of limitations on general and flag officers on active duty.

Sec. 502. Revisions to annual report requirement on joint officer management.

Sec. 503. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff.CommentsClose CommentsPermalink




Sec. 504. Chief and Deputy Chief of Chaplains of the Air Force2. Modification of limitations on general and flag officers on active duty.CommentsClose CommentsPermalink





Sec. 503. Revisions to annual reporting requirement on joint officer management.CommentsClose CommentsPermalink





Sec. 504. Extension of temporary increase in maximum number of days leave members may accumulate and carryover.CommentsClose CommentsPermalink





Sec. 505. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA-21) officer candidate program.CommentsClose CommentsPermalink





Sec. 506. Independent review of judge advocate requirements of the Department of the Navy.CommentsClose CommentsPermalink

Subtitle B--Reserve Component ManagementSec. 511. Report on requirements of the National Guard for non-dual status technicianGeneral Service Authorities

Sec. 511. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment.CommentsClose CommentsPermalink





Sec. 512. Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury.CommentsClose CommentsPermalink





Sec. 513. Legal assistance for additional reserve component members.CommentsClose CommentsPermalink





Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for Reserve units when certain suspension of training is likely.CommentsClose CommentsPermalink





Sec. 515. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces.CommentsClose CommentsPermalink





Sec. 516. Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities.CommentsClose CommentsPermalink

Subtitle C--Education and Training

Sec. 521. Grade of commissioned officers in uniformed medical accession programsDetail of commissioned officers as students at schools of psychology.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 523. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink





Sec. 523. Detail of commissioned officers as students at schools of psychology4. 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.CommentsClose CommentsPermalink





Sec. 524. Air Force Academy5. Department of Defense undergraduate nurse training program.CommentsClose CommentsPermalink





Sec. 526. Increase in number of private sector civilians authorized for admission to National Defense University.CommentsClose CommentsPermalink





Sec. 527. Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink





Sec. 528. Athletic Associationassociation for the Air Force Academy.CommentsClose CommentsPermalink





Sec. 529. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense.CommentsClose CommentsPermalink

Subtitle D--Defense Dependents’ Education

MattersSec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink





Sec. 532. Impact aid for children with severe disabilities.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 534. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents.CommentsClose CommentsPermalink





Sec. 535. Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe.CommentsClose CommentsPermalink





Sec. 535. Study on options for educational opportunities for dependent children of members of the Armed Forces who do not attend Department of Defense dependents schools6. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid.CommentsClose CommentsPermalink





Sec. 536. Sense of Senate on the Interstate Compact on Educational Opportunity for Military Children7. 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.CommentsClose CommentsPermalink





Sec. 5378. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 538. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents9. Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children.CommentsClose CommentsPermalink

Subtitle E--Military Justice and Legal Assistance Matters

Sec. 541. Independent review of judge advocate requirements of the Department of the Navy.

Subtitle F--Military Family Readiness Matters

Sec. 551. Additional members on the Department of Defense Military Family Readiness Council.

Sec. 552. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces.

Sec. 553. Military community support for children with autism and their families.

Sec. 554. Reports on effects of deployments on military children and the availability of mental health care and counseling services for military children.

Sec. 555. Report on child custody litigation involving service of members of the Armed Forces.

Sec. 556. Sense of Senate on preparation and coordination of Family Care Plassing 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.CommentsClose CommentsPermalink





Sec. 557. Expansion of suicide prevention and community healing and response training under the Yellow Ribbon Reintegration Program42. 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.CommentsClose CommentsPermalink





Sec. 558. Report on Yellow Ribbon Reintegration Program43. Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member.CommentsClose CommentsPermalink





Sec. 559. Improved access to mental health care for family members of members of the National Guard and Reserve who are deployed overseas44. 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.CommentsClose CommentsPermalink

Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. Kaho’ohanohano for acts of valor during the Korean War.CommentsClose CommentsPermalink





Sec. 560. Full access to mental health care for family members of members of the National Guard and Reserve who are deployed overseas52. Authorization and request for award of Distinguished-Service Cross to Jack T. Stewart for acts of valor during the Vietnam War.CommentsClose CommentsPermalink





Sec. 561. Comptroller General report on child care assistance for deployed members of the reserve components of the Armed Forces53. Authorization and request for award of Distinguished-Service Cross to William T. Miles, Jr., for acts of valor during the Korean War.CommentsClose CommentsPermalink

Subtitle G--Other Military Family Readiness Matters

Sec. 571. Deadline for report on sexual 61. Establishment of online resources to provide information about benefits and services available to members of the Armed Forces and their families.CommentsClose CommentsPermalink





Sec. 562. Additional members on Department of Defense Military Family Readiness Council.CommentsClose CommentsPermalink





Sec. 563. Support for military families with special needs.CommentsClose CommentsPermalink





Sec. 564. Pilot program to secure internships for military spouses with Federal agencies.CommentsClose CommentsPermalink





Sec. 565. Family and medical leave for family of servicemembers.CommentsClose CommentsPermalink





Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services.CommentsClose CommentsPermalink





Sec. 572. Clarification of performance policies for military musical units and musicians.Sec. 573. Guarantee of residency for spouses of military personnel for voting purpos67. Improved prevention and response to allegations of sexual assault involving members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 574. Determination for tax purposes of residence of spouses of military personnel68. Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families.CommentsClose CommentsPermalink





Sec. 575. Suspension of land rights residency requirement for spouses of military personnel69. Report on impact of domestic violence on military families.CommentsClose CommentsPermalink





Sec. 576. Modification of Department of Defense share of expenses under National Guard Youth Challenge Program0. Report on international intrafamilial abduction of children of members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 571. Assessment of impact of deployment of members of the Armed Forces on their dependent children.CommentsClose CommentsPermalink





Sec. 577. Provision to members of the Armed Forces and their families of comprehensive information on benefits for members of the Armed Forces and their famili2. Report on child custody litigation involving service of members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 573. Comptroller General report on child care assistance for members of the Armed Forces.CommentsClose CommentsPermalink

Subtitle H--Military Voting

Sec. 58175. Short title.CommentsClose CommentsPermalink





Sec. 582. Findings.Sec. 58376. Clarification regarding delegation of State responsibilities to local jurisdictions.CommentsClose CommentsPermalink





Sec. 58477. Establishment of procedures for absent uniformed services voters and overseas voters to request and for sStates to send voter registration applications and absentee ballot applications by mail and electronically.CommentsClose CommentsPermalink





Sec. 58578. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters.CommentsClose CommentsPermalink





Sec. 58679. Ensuring absent uniformed services voters and overseas voters have time to vote.CommentsClose CommentsPermalink





Sec. 5870. Procedures for Collection and Delivery of Marked Absentee Ballots of Absent Overseas Uniformed Services Vcollection and delivery of marked absentee ballots of absent overseas uniformed services voters.CommentsClose CommentsPermalink





Sec. 5881. Federal write-in absentee ballot.CommentsClose CommentsPermalink





Sec. 5892. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and fFederal write-in absentee ballots for failure to meet certain requirements.CommentsClose CommentsPermalink





Sec. 59083. Federal Voting Assistance Program Improvements.CommentsClose CommentsPermalink





Sec. 59184. Development of standards for reporting and storing certain data.CommentsClose CommentsPermalink





Sec. 59285. Repeal of provisions relating to use of single application for all subsequent elections.CommentsClose CommentsPermalink





Sec. 59386. Reporting requirements.CommentsClose CommentsPermalink





Sec. 59487. Annual report on enforcement.CommentsClose CommentsPermalink





Sec. 595. Requirements payment88. Requirements payments.CommentsClose CommentsPermalink





Sec. 589. Technology pilot program.CommentsClose CommentsPermalink

Sec. 591. Clarification of performance policies for military musical units and musicians.CommentsClose CommentsPermalink





Sec. 596. Technology pilot program2. Navy grants for purposes of Naval Sea Cadet Corps.CommentsClose CommentsPermalink





Sec. 593. Modification of matching fund requirements under National Guard Youth Challenge Program.CommentsClose CommentsPermalink





Sec. 594. Expansion of Military Leadership Diversity Commission to include reserve component representatives.CommentsClose CommentsPermalink





Sec. 595. Expansion of suicide prevention and community healing and response training under the Yellow Ribbon Reintegration Program.CommentsClose CommentsPermalink





Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces.CommentsClose CommentsPermalink





Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration programs.CommentsClose CommentsPermalink





Sec. 598. Reports on progress in completion of certain incident information management tools.CommentsClose CommentsPermalink

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.CommentsClose CommentsPermalink





Sec. 602. Comptroller General of the United States comparative assessment of military and private-sector pay and benefits.

Sec. 6032. Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents.CommentsClose CommentsPermalink




Sec. 603. Special compensation for members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living.CommentsClose CommentsPermalink





Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program for certain periods before implementation of program.CommentsClose CommentsPermalink





Sec. 605. Report on housing standards and housing surveys used to determine basic allowance for housing.CommentsClose CommentsPermalink





Sec. 606. Comptroller General comparative assessment of military and private-sector pay and benefits.CommentsClose CommentsPermalink

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. EOne-year extension of certain bonus and special pay authorities for Rreserve forces.CommentsClose CommentsPermalink





Sec. 612. EOne-year extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink





Sec. 613. EOne-year extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink





Sec. 614. EOne-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.CommentsClose CommentsPermalink





Sec. 615. EOne-year extension of authorities relating to payment of other title 37 bonuses and special pays.CommentsClose CommentsPermalink





Sec. 616. EOne-year extension of authorities relating to payment of referral bonuses.CommentsClose CommentsPermalink





Sec. 617. Special compensation for members of the uniformed services with serious injuries or illnesses requiring assistance in everyday livingTechnical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar benefits for certain members.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 619. Additional assignment pay or special duty pay authorized for members agreeing to serve in Afghanistan for extended periods.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 621. Army authority to provide additional recruitment incentives.CommentsClose CommentsPermalink





Sec. 622. Report on recruitment and retention of members of the Air Force in nuclear career fields.CommentsClose CommentsPermalink

Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremonies.CommentsClose CommentsPermalink





Sec. 632. Travel and transportation allowances for designated individuals of wounded, ill, or injured members of the uniformed services for duration of inpatient treatment.CommentsClose CommentsPermalink





Sec. 632. Travel and transportation3. Authorized travel and transportation allowances for non-medical attendants of seriously wounded, ill, or injured members of the uniformed services.Sec. 633. Travel and transportation allowances for members of the reserve components of the Armed Forces on leave for suspension of trainingfor very seriously and seriously wounded, ill, or injured members.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 635. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremoniReport on adequacy of weight allowances for transportation of baggage and household effects for members of the uniformed services.CommentsClose CommentsPermalink

Subtitle D--Other Matters

Sec. 651. Authority to continue provision of incentives after termination of temporary Army authority to provide additional recruitment incentives.

Sec. 652. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation.

Sec. 653. Sense of Congress on airfares for members of the Armed ForcesDisability, Retired Pay, and Survivor Benefits

Sec. 641. Transition assistance for reserve component members injured while on active duty.CommentsClose CommentsPermalink





Sec. 654. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deploy42. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement.CommentsClose CommentsPermalink





Sec. 655. Use of local residences for community-based care for certain reserve component members.

Sec. 656. Assistance with transitional benefits.

Sec. 657. Report on recruitment and retention of members of the Air Force in nuclear career fields43. 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.CommentsClose CommentsPermalink




Sec. 658. Sense of Congress on establishment of flexible spending arrangements for the uniformed servi44. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 65945. Treatment as active service for retired pay purposes of service as member of Alaska Territorial Guard during World War II.CommentsClose CommentsPermalink

Sec. 651. Limitation on Department of Defense entities offering personal information services to members and their dependents.CommentsClose CommentsPermalink





Sec. 660. Inclusion of service after September 11, 2001, in determination of reduced eligibility age for receipt of non-regular service retired pay52. Report on impact of purchasing from local distributors all alcoholic beverages for resale on military installations on Guam.CommentsClose CommentsPermalink

Sec. 661. Limitations on collection of overpayments of pay and allowances erroneously paid to members.CommentsClose CommentsPermalink





Sec. 662. Sense of Congress on airfares for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 663. Sense of Congress on establishment of flexible spending arrangements for the uniformed services.CommentsClose CommentsPermalink





Sec. 664. Sense of Congress regarding support for compensation, retirement, and other military personnel programs.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 702. Health care for members of the reserve components.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 704. Expansion of survivor eligibility under TRICARE ProgramSec. 701dental program.CommentsClose CommentsPermalink





Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve, and family members, who are qualified for a non-regular retirement but are not yet age 60.CommentsClose CommentsPermalink





Sec. 702. Expansion of eligibility of survivors under the TRICARE dental program.Sec. 7036. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to Medicare part A hospital insurance benefits.CommentsClose CommentsPermalink





Sec. 704. Reform and improvement of the TRICARE program.

Sec. 705. Comptroller General of the United States report on implementation of requirements on the relationship between the TRICARE program and employer-sponsored group health plans.

Sec. 706. Sense of the Senate on health care benefits and costs for members of the Armed Forces and their families.

Sec. 707. Notification of certain individuals regarding options for enrollment under Medicare part B.CommentsClose CommentsPermalink




Subtitle B--Other Health Care Benefits

Sec. 711. Mental health assessments for members of the Armed Forces deployed in connection with a contingency operation.

Sec. 712. Enhancement of transitional dental care for members of the reserve components on active duty for more than 30 days in support of a contingency operation.

Sec. 713. Reduction of minimum distance of travel for reimbursement of covered beneficiaries of the military health care system for travel for specialty health care08. Mental health assessments for members of the Armed Forces deployed in connection with a contingency operation.CommentsClose CommentsPermalink




Sec. 714. Report on post-deployment health assessments of Guard and Reserve members.Subtitle C09. Temporary TRICARE inpatient fee modification.CommentsClose CommentsPermalink

Subtitle B--Health Care Administration

Sec. 7211. Comprehensive policy on pain management by the military health care system.CommentsClose CommentsPermalink





Sec. 722. Plan to increase the behavior12. Administration and prescription of psychotropic medications for members of the Armed Forces before and during deployment.CommentsClose CommentsPermalink





Sec. 713. Cooperative health care agreements between military installations and non-military health care systems.CommentsClose CommentsPermalink





Sec. 714. Plan to increase the mental health capabilities of the Department of Defense.CommentsClose CommentsPermalink





Sec. 72315. Department of Defense study on management of medications for physically and psychologically wounded members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 724. Prescription of antidepressants for troops serving in Iraq and Afghanistan.Subtitle D--Wounded Warrior MattersSec. 731. Pilot program for the provision of16. Limitation on obligation of funds under defense health program information technology programs.CommentsClose CommentsPermalink

Sec. 721. Study and plan to improve military health care.CommentsClose CommentsPermalink





Sec. 722. Study, plan, and pilot for the mental health care needs of dependent children of members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 723. Clinical trial on cognitive rehabilitative therapy services under the TRICARE program.Sec. 732for members and former members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 724. Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 733. Report on use of alternative therapies in treatment of post-traumatic stress disorder25. Chiropractic clinical trials.CommentsClose CommentsPermalink





Sec. 726. Independent study on post-traumatic stress disorder efforts.CommentsClose CommentsPermalink





Sec. 727. Report on implementation of requirements on the relationship between the TRICARE program and employer-sponsored group health plans.CommentsClose CommentsPermalink





Sec. 728. Report on stipends for members of reserve components for health care for certain dependents.CommentsClose CommentsPermalink

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

Subtitle A--Acquisition Policy and Management

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

s

Sec. 801. Contract authority for advanced development of prototype units.

Sec. 802Sec. 811. Justification and approval of sole-source contracts.CommentsClose CommentsPermalink




Subtitle B--Acquisition Policy and ManagementSec. 811 Sec. 812. Revision of Defense Supplement relating to payment of costs prior to definitization. CommentsClose CommentsPermalink





Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 814. Amendment to notification requirements for awards of single source task or delivery orders.CommentsClose CommentsPermalink





Sec. 815. Clarification of uniform suspension and debarment requirement.CommentsClose CommentsPermalink





Sec. 816. Extension of authority for use of simplified acquisition procedures for certain commercial items.CommentsClose CommentsPermalink





Sec. 817. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs.CommentsClose CommentsPermalink





Sec. 812. Funding of Department of Defense Acquisition Workforce Development Fund.Sec. 813. Enhancement of expedited hiring authority for defense acquisition workforce position8. Small arms production industrial base matters.CommentsClose CommentsPermalink





Sec. 814. Treatment of non-Defense Agency procurements under joint programs with the Department of Defense under limitations on non-Defense Agency procurements on behalf of the Department of Defense9. Contract authority for advanced component development or prototype units.CommentsClose CommentsPermalink





Sec. 815. Comptroller General of the United States report on training of acquisition and audit personnel of the Department of Defense.Subtitle C--Contractor MattersSec. 821. Authority for g20. Publication of notification of bundling of contracts of the Department of Defense.CommentsClose CommentsPermalink

Sec. 821. Authority for Government support contractors to have access to technical data belonging to prime contractors.CommentsClose CommentsPermalink





Sec. 822. Extension and enhancement of authorities on the Commission on Wartime Contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 823. Prohibition on interrogation of detainees by contractor personnel.

Sec. 824. Modifications to database for Federal agency contract and grant officers and suspension and debarment officials.

Subtitle D--OtherAuthority for Secretary of Defense to reduce or deny award fees to companies found to jeopardize health or safety of Government personnel.CommentsClose CommentsPermalink

Subtitle D--Acquisition Workforce Matters

Sec. 831. Enhanced authority to acquire products and services produced in Central Asia, Pakistan, and the South Caucasument of expedited hiring authority for defense acquisition workforce positions.CommentsClose CommentsPermalink





Sec. 832. Funding of Department of Defense Acquisition Workforce Development Fund.CommentsClose CommentsPermalink





Sec. 833. Review of post-employment restrictions applicable to the Department of Defense.CommentsClose CommentsPermalink





Sec. 834. Review of Federal acquisition workforce training and hiring.CommentsClose CommentsPermalink

Sec. 841. Reports to Congress on full deployment decisions for major automated information system programs.CommentsClose CommentsPermalink





Sec. 832. Small arms production industrial base matters42. Authorization to take actions to correct the industrial resource shortfall for high-purity beryllium metal.CommentsClose CommentsPermalink





Sec. 833. Extension of SBIR and STTR programs of the Department of Defense43. Report on rare earth materials in the defense supply chain.CommentsClose CommentsPermalink





Sec. 834. Expansion and permanent authority for small business innovation research commercialization program.Sec. 835. Measures to ensure the safety of facilities, infrastructure, and equipment for military operation44. Comptroller General report on structure and management of subcontractors under contracts for major weapon systems.CommentsClose CommentsPermalink





Sec. 8345. Study of the use of factors other than cost or price as the predominate factors in evaluating competitive proposals for defense procurement contracts.CommentsClose CommentsPermalink





Sec. 846. Repeal of requirements relating to the military system essential item breakout list.CommentsClose CommentsPermalink





Sec. 837. Defense Science Board report on rare earth materials in the defense supply chain47. Extension of SBIR and STTR programs of the Department of Defense.CommentsClose CommentsPermalink





Sec. 838. Small business contracting programs parity48. Extension of authority for small business innovation research Commercialization Pilot Program.CommentsClose CommentsPermalink

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Deputy Under Secretaries of Defense and Assistant Secretaries of DefenseAuthority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense Cyber Crime Center.CommentsClose CommentsPermalink





Sec. 902. Repeal of certain limitations on personnel and consolidation of reports on major Department of Defense headquarters activitiesOrganizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity.CommentsClose CommentsPermalink





Sec. 903. Sense of Senate on the Western Hemisphere Institute for Security CooperationCongress regarding the Director of Operational Energy Plans and Programs.CommentsClose CommentsPermalink





Sec. 904. Reestablishment of position of Vice Chief of the National Guard BureauIncreased flexibility for combatant commander initiative fund.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of Defense.CommentsClose CommentsPermalink

Subtitle B--Space MatterActivities

Sec. 911. ProvisionSubmission and review of space science and technology strategy.CommentsClose CommentsPermalink





Sec. 912. Provision of space situational awareness services and information to non-United States Government entities.CommentsClose CommentsPermalink





Sec. 912. Plan for management and funding of3. Management and funding strategy and implementation plan for the National Polar-Orbiting Operational Environmental Satellite System Program.CommentsClose CommentsPermalink

Subtitle C--Intelligence-Related Matters

Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from counterintelligence operations.CommentsClose CommentsPermalink





Subtitle D--Other MattersSec. 931. United States Military Cancer Institute Sec. 922. Plan to address foreign ballistic missile intelligence analysis. CommentsClose CommentsPermalink

Sec. 931. Implementation strategy for developing leap-ahead cyber operations capabilities.CommentsClose CommentsPermalink





Sec. 932. Defense integrated military human resources system development and transition.CommentsClose CommentsPermalink





Sec. 932. Instruction of private sector employees in cyber security courses of the Defense Cyber Investigations Training Academy3. Report on special operations command organization, manning, and management.CommentsClose CommentsPermalink





Sec. 9334. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel.CommentsClose CommentsPermalink





Sec. 935. Plan on access to national airspace for unmanned aircraft systems.CommentsClose CommentsPermalink

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.CommentsClose CommentsPermalink





Sec. 1002. Relationship of the quadrennial defense review and the annual budget request.CommentsClose CommentsPermalink





Sec. 1003. Audit readiness of financial statements of the Department of Defense.CommentsClose CommentsPermalink

Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Temporary reduction in minimum number of aircraft carriers in active service.

Sec. 1012. Repeal of policy relating to the major combatant vessels of the strike forces of the United States Navy.

Sec. 1013. Sense of Senate on the maintenance of a 313-ship Navy.

Sec. 1014. Designation of U.S.S. Constitution as America’s Ship of State.

Subtitle C--Counter-Drug Activities

Sec. 1021. Extension and modification of authority to provide additional support for11. Unified counter-drug activities of certain foreign governmentsnd counterterrorism campaign in Colombia.CommentsClose CommentsPermalink





Sec. 1022. One-year extension of authority for j12. Joint task forces support to law enforcement agencies conducting counter-terrorism activities.CommentsClose CommentsPermalink





Sec. 1023. One-year extension of authority to support unified 13. Reporting requirement on expenditures to support foreign counter-drug and counterterrorism campaign in Colombia.Subtitle D--Military Commissions

Sec. 1031. Military commissions.

Sec. 1032. Trial by military commission of alien unprivileged belligerents for violations of the law of warctivities.CommentsClose CommentsPermalink




Sec. 1033. No Miranda warnings for Al Qaeda terrorists.Subtitle E--Medical Facility MattersSec. 1041. Short title14. Support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink





Sec. 1042. Executive agreement15. Border coordination centers in Afghanistan and Pakistan.CommentsClose CommentsPermalink





Sec. 1043. Transfer of propert16. Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account.CommentsClose CommentsPermalink

Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy.CommentsClose CommentsPermalink





Sec. 1044. Transfer of civilian personnel of the Department of Defense.Sec. 1045. Joint funding authority for the Captain James A. Lovell Federal Health Care Center22. Designation of U.S.S. Constitution as America’s Ship of State.CommentsClose CommentsPermalink





Sec. 1046. Eligibility of members of the uniformed services for care and services at the Captain James A. Lovell Federal Health Care Center23. Temporary reduction in minimum number of operational aircraft carriers.CommentsClose CommentsPermalink





Sec. 1047. Extension of DOD-VA Health Care Sharing Incentive Fund.Subtitle F24. Sense of Congress concerning the disposition of Submarine NR-1.CommentsClose CommentsPermalink

Subtitle D--Miscellaneous Requirements, Authorities, and Limitations

Sec. 1051. Congressional earmarks relating to the Department of Defense31. Prohibition relating to propaganda.CommentsClose CommentsPermalink





Sec. 105232. Responsibility for preparation of biennial global positioning system report.CommentsClose CommentsPermalink





Sec. 1033. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs.CommentsClose CommentsPermalink





Sec. 1034. Additional duties for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents.CommentsClose CommentsPermalink





Sec. 1035. Charter for the National Reconnaissance Office.CommentsClose CommentsPermalink





Sec. 1036. National strategic five-year plan for improving the nuclear forensic and attribution capabilities of the United States.CommentsClose CommentsPermalink





Sec. 1053. One-year extension of authority to offer and make rewards for assistance in combating terrorism through government personnel of allied forces.Sec. 1054. Business process reengineering37. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense.CommentsClose CommentsPermalink





Sec. 1055. Responsibility for preparation of biennial global positioning system report38. Prohibition on interrogation of detainees by contractor personnel.CommentsClose CommentsPermalink





Sec. 105639. Notification and access of International Committee of the Red Cross with respect to detainees at Theater Internment Facility at Bagram Air Base, Afghanistan.CommentsClose CommentsPermalink





Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists.CommentsClose CommentsPermalink





Sec. 1041. Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1042. Additional subpoena authority for the Inspector General of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1057. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs43. Limitations on modifications of certain Government furnished equipment; one-time authority to transfer certain military prototype.CommentsClose CommentsPermalink

Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial defense review.CommentsClose CommentsPermalink





Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense review.CommentsClose CommentsPermalink





Sec. 1053. Annual report on the electronic warfare strategy of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1058. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force4. Study on a system for career development and management of interagency national security professionals.CommentsClose CommentsPermalink





Sec. 1059. Additional duty for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents.Subtitle G--ReportsSec. 1071. National intelligence estimate5. Report on nuclear aspirations of non-state entities and, nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty.Sec. 1072. Comptroller General of the United States assessment of military whistleblower protecti, and certain foreign persons.CommentsClose CommentsPermalink





Sec. 1073. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Force56. Comptroller General review of Department of Defense spending in final fiscal quarters.CommentsClose CommentsPermalink





Sec. 1074. Comptroller General review of spending in the final quarter of fiscal year 2009 by the Department of Defense.Sec. 107557. Report on Air America.CommentsClose CommentsPermalink





Sec. 1076. Report on criteria for selection of strategic embarkation ports and ship layberthing locations.Sec. 107758. Report on defense travel simplification.CommentsClose CommentsPermalink





Sec. 107859. Report on modeling and simulation activities of United States Joint Forces Commandtechnological and industrial base.CommentsClose CommentsPermalink





Sec. 107960. Report on enabling capabilities for special operations forces.CommentsClose CommentsPermalink





Subtitle H--Other MattersSec. 1081. Transfer of Navy aircraft N40VT Sec. 1061. Additional members and duties for the independent panel to assess the quadrennial defense review. CommentsClose CommentsPermalink





Sec. 1062. Congressional earmarks relating to the Department of Defense.CommentsClose CommentsPermalink





Sec. 1082. Transfer of Big Crow aircraft63. Report on basing plans for certain United States geographic combatant commands.CommentsClose CommentsPermalink

Sec. 1071. Extension of certain authority for making rewards for combating terrorism.CommentsClose CommentsPermalink





Sec. 1083. Plan for sustainment of land-based solid rocket motor industrial base72. Business process reengineering.CommentsClose CommentsPermalink





Sec. 1084. Pilot program on use of service73. Technical and clerical amendments.CommentsClose CommentsPermalink





Sec. 1074. Extension of sunset for congressional commission on the strategic posture of the United States.CommentsClose CommentsPermalink





Sec. 1075. Combat air forces restructuring.CommentsClose CommentsPermalink





Sec. 1076. Sense of Congress regarding carrier air wing force structure.CommentsClose CommentsPermalink





Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities.CommentsClose CommentsPermalink





Sec. 1085. Expansion of State home care for parents of veterans who died while serving in Armed Forces78. Plan for sustainment of land-based solid rocket motor industrial base.CommentsClose CommentsPermalink





Sec. 1086. Federal Employees Retirement System age and retirement treatment for certain retirees of the Armed Forces.Sec. 1087. Sense of Congress on manned airborne irregular warfare platforms79. Justice for victims of torture and terrorism.CommentsClose CommentsPermalink





Sec. 1088. Extension of sunset for Congressional Commission on the Strategic Posture of the United States.

Sec. 1089. Additional members and duties for independent panel to assess the quadrennial defense review.

Sec. 1090. Contracting improvements0. 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.CommentsClose CommentsPermalink




Sec. 1091. National D-Day Memorial study81. Modification of pilot program on commercial fee-for-service air refueling support for the air force.CommentsClose CommentsPermalink





Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force.CommentsClose CommentsPermalink





Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere Institute for Security Cooperation.CommentsClose CommentsPermalink





Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Security Cooperation.CommentsClose CommentsPermalink

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--Personnel

Sec. 1101. Repeal of National Security Personnel System; Department of Defense personnel authoritiesAuthority to employ individuals completing the National Security Education Program.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 1103. Authority for the employment of individuals who have successfully completed the Department of Defense information assurance scholarship program.CommentsClose CommentsPermalink





Sec. 1104. Extension and modification of experimental personnel management program for scientific and technical personnel.CommentsClose CommentsPermalink





Sec. 11035. Modification to Department of Defense laboratory personnel authority.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 11047. Extension of certain benefits to Federal civilian employees on official duty in Pakistan.CommentsClose CommentsPermalink





Sec. 1108. Requirement for Department of Defense strategic workforce plans.CommentsClose CommentsPermalink





Sec. 1109. Adjustments to limitations on personnel and requirement for annual manpower reporting.CommentsClose CommentsPermalink





Sec. 1110. Pilot program for the temporary exchange of information technology personnel.CommentsClose CommentsPermalink





Sec. 1111. Availability of funds for compensation of certain civilian employees of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1105. Department of Defense Civilian Leadership P12. Department of defense civilian leadership program.CommentsClose CommentsPermalink





Sec. 1106. Review of defense laboratories for participation in defense laboratory personnel demonstration projects13. Provisions relating to the National Security Personnel System.CommentsClose CommentsPermalink





Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel System.CommentsClose CommentsPermalink

Subtitle B--Part-Timerovisions Relating to Reemployment of Annuitants

Sec. 1161. Short title21. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants.CommentsClose CommentsPermalink





Sec. 11622. Part-time reemployment.CommentsClose CommentsPermalink





Sec. 1163. General23. Government Accountability Office report.CommentsClose CommentsPermalink

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Increase in unit cost threshold for purchases using certain funds under the Combatant Commander Initiative Fund.

Sec. 1202. Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint Forces Command.

Sec. 1203. Modification of authorities relating to program to build the capacity of foreign military forces One-year extension of authority for security and stabilization assistance.CommentsClose CommentsPermalink




Sec. 1204. M2. Expansion of authority and modification of notification and reporting requirements for use of authority for support of special operations to combat terrorism.CommentsClose CommentsPermalink





Sec. 1205. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations3. Modification of report on foreign-assistance related programs carried out by the Department of Defense.CommentsClose CommentsPermalink





Sec. 1206. One-year extension and expansion of Commanders’ Emergency Response Program4. Report on authorities to build the capacity of foreign military forces and related matters.CommentsClose CommentsPermalink





Sec. 1207. One-year extension of authority for security and stabilization assistance5. Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint Forces Command.CommentsClose CommentsPermalink





Sec. 1206. Modification of authorities relating to program to build the capacity of foreign military forces.CommentsClose CommentsPermalink





Sec. 1208.7. Authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries.CommentsClose CommentsPermalink





Sec. 1209. Defense cooperation between the United States and Iraq.Sec. 1210.8. Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.CommentsClose CommentsPermalink





Sec. 1211. Ensur09. Enhancing Iraqi security through defense cooperation between the United States and Iraq.CommentsClose CommentsPermalink





Sec. 1212.0. Availability of appropriated funds for the State Partnership Program.CommentsClose CommentsPermalink

Subtitle B--Reports

Sec. 1221. Report on United States engagement with Iran.

Sec. 1222. Report on Cuba and Cuba’s relations with other countries.

Sec. 1223. Report on VenezuelaMatters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq.CommentsClose CommentsPermalink





Sec. 1224. Report on military power of Iran2. One-year extension and expansion of Commanders’ Emergency Response Program.CommentsClose CommentsPermalink





Sec. 1225. Annual counterterrorism status report3. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.CommentsClose CommentsPermalink





Sec. 1226. Report on Taiwan’s air force4. Pakistan Counterinsurgency Fund.CommentsClose CommentsPermalink





Sec. 1227. Report on United States contributions to the United Nations.Subtitle C--Other MattersSec. 1231. Sense of Congress on establishment of measures of progress to evaluate United States strategic objectives in Afghanistan and Pak5. Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan.CommentsClose CommentsPermalink





Sec. 1226. Reports on campaign plans for Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 1232. Sense of the Senate on imposing sanctions with respect to the Islamic Republic of Iran27. Report on responsible redeployment of United States Armed Forces from Iraq.CommentsClose CommentsPermalink





Sec. 1233. Sense of the Senate on enforcement and imposition of sanctions with respect to North Korea; review to determine whether North Korea should be re-listed as a state sponsor of terrorism28. Report on community-based security programs in Afghanistan.CommentsClose CommentsPermalink





Sec. 1234. Report on the plan for the United States nuclear weapons stockpile, nuclear weapons complex, and delivery platforms and sense of the Senate on follow-on negotiations to START Treaty29. Updates of report on command and control structure for military forces operating in Afghanistan.CommentsClose CommentsPermalink





Sec. 1235. Sense of Congress on continued support by the United States for a stable and democratic Republic of Iraq.Sec. 1236.0. 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.CommentsClose CommentsPermalink





Sec. 1231. Assessment and report on United States-Pakistan military relations and cooperation.CommentsClose CommentsPermalink





Sec. 1232. Report on progress toward security and stability in Pakistan.CommentsClose CommentsPermalink





Sec. 1233. Repeal of GAO war-related reporting requirement.CommentsClose CommentsPermalink





Sec. 1234. Authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 1235. Analysis of required force levels and types of forces needed to secure southern and eastern regions of Afghanistan.CommentsClose CommentsPermalink





Sec. 1236. Modification of report on progress toward security and stability in Afghanistan.CommentsClose CommentsPermalink





Sec. 1237. No permanent military bases in Afghanistan.CommentsClose CommentsPermalink

Subtitle D--VOICE Act

Sec. 12461. Short title.CommentsClose CommentsPermalink





Sec. 1242. Sense of Congress.

Sec. 1243. Statement of policy.

Sec. 124462. Authorization of appropriations.CommentsClose CommentsPermalink




Sec. 124563. Iranian Electronic Education, Exchange, and Media Fund.CommentsClose CommentsPermalink





Sec. 124664. Annual report.CommentsClose CommentsPermalink





Sec. 124765. Report on actions by non-Iranian companies.CommentsClose CommentsPermalink





Sec. 124866. Human rights documentation.CommentsClose CommentsPermalink

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.CommentsClose CommentsPermalink





Sec. 1302. Funding allocations.CommentsClose CommentsPermalink





Sec. 1303. Authority to enter into agreements to receive contributions for Biological Threat Reduction ProgramUtilization of contributions to the Cooperative Threat Reduction Program.CommentsClose CommentsPermalink





Sec. 1304. Metrics for the Cooperative Threat Reduction Program.CommentsClose CommentsPermalink





Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat reduction activities.CommentsClose CommentsPermalink





Sec. 1304. Authorization of use of Cooperative Threat Reduction program funds for bilateral and multilateral nonproliferation and disarmament activities6. Cooperative Threat Reduction Defense and Military Contacts Program.CommentsClose CommentsPermalink

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.CommentsClose CommentsPermalink





Sec. 1402. National Defense Sealift Fund.CommentsClose CommentsPermalink





Sec. 1403. Defense Health Program.Sec. 1404. Chemical Agents and Munitions Destruction, Dagents and munitions destruction, defense.CommentsClose CommentsPermalink





Sec. 14054. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 14065. Defense Inspector General.CommentsClose CommentsPermalink





Sec. 1406. Defense Health Program.CommentsClose CommentsPermalink





Sec. 1407. FRelation to funding table.CommentsClose CommentsPermalink

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.CommentsClose CommentsPermalink





Sec. 1412. Extension of previously authorized disposal of cobalt from National Defense Stockpile.CommentsClose CommentsPermalink





Sec. 1412. Authorization for actions to correct the industrial resource shortfall for high-purity beryllium metal in amounts not in excess3. Report on implementation of $80,000,000reconfiguration of the National Defense Stockpile.CommentsClose CommentsPermalink

Subtitle C--Armed Forces Retirement Home

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

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

Sec. 1501. Purpose.CommentsClose CommentsPermalink





Sec. 1502. Army procurement.CommentsClose CommentsPermalink





Sec. 1503. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink





Sec. 1504. Navy and Marine Corps procurement.CommentsClose CommentsPermalink





Sec. 15045. Air Force procurement.CommentsClose CommentsPermalink





Sec. 15056. Mine Resistant Ambush Protected Vehicle Fund.CommentsClose CommentsPermalink





Sec. 1507. Defense-wide activities procurement.CommentsClose CommentsPermalink





Sec. 15068. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 15079. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 1508. Military personnel10. Limitations on availability of funds in Afghanistan Security Forces Fund.CommentsClose CommentsPermalink





Sec. 1509. Working capital funds11. Limitations on Iraq Security Forces Fund.CommentsClose CommentsPermalink





Sec. 15102. Military personnel.CommentsClose CommentsPermalink





Sec. 1513. Working capital funds.CommentsClose CommentsPermalink





Sec. 1514. Defense Health Program.CommentsClose CommentsPermalink





Sec. 15115. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 15126. Defense Inspector General.CommentsClose CommentsPermalink





Sec. 15137. Relation to funding tables.CommentsClose CommentsPermalink





Sec. 1518. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq.CommentsClose CommentsPermalink





Sec. 1519. Treatment as additional authorizations.CommentsClose CommentsPermalink





Sec. 1514. Funding tables20. Special transfer authority.CommentsClose CommentsPermalink

Sec. 1701. Demonstration project authority.CommentsClose CommentsPermalink





Sec. 1702. Transfer of property.CommentsClose CommentsPermalink





Sec. 1515. Special transfer authority703. Transfer of civilian personnel of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1516. Limitations on availability of funds in Afghanistan Security Forces Fund704. Joint funding authority.CommentsClose CommentsPermalink





Sec. 1705. Eligibility of members of the uniformed services for care and services.CommentsClose CommentsPermalink





Sec. 1517. Availability of funds in Pakistan Counterinsurgency Fund706. Extension of DOD-VA Health Care Sharing Incentive Fund.CommentsClose CommentsPermalink

Sec. 1911. Short title.CommentsClose CommentsPermalink





Sec. 1912. Extension of locality pay.CommentsClose CommentsPermalink





Sec. 1913. Adjustment of special rates.CommentsClose CommentsPermalink





Sec. 1914. Transition schedule for locality-based comparability payments.CommentsClose CommentsPermalink





Sec. 1915. Savings provision.CommentsClose CommentsPermalink





Sec. 1916. Application to other eligible employees.CommentsClose CommentsPermalink





Sec. 1917. Election of additional basic pay for annuity computation by employees.CommentsClose CommentsPermalink





Sec. 1918. Regulations.CommentsClose CommentsPermalink





Sec. 1919. Effective dates.CommentsClose CommentsPermalink

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.CommentsClose CommentsPermalink





Sec. 2002. Expiration of authorizations and amounts required to be specified by law.CommentsClose CommentsPermalink





Sec. 2003. Effective date.Sec. 2004. FRelation to funding tables.CommentsClose CommentsPermalink





Sec. 2005. Technical corrections regarding certain military construction projects, New Mexico4. General reduction across division.CommentsClose CommentsPermalink

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2102. Family housing.CommentsClose CommentsPermalink





Sec. 2103. Improvements to military family housing units.CommentsClose CommentsPermalink





Sec. 2104. Authorization of appropriations, Army.CommentsClose CommentsPermalink





Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project.CommentsClose CommentsPermalink





Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects.CommentsClose CommentsPermalink

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2202. Family housing.CommentsClose CommentsPermalink





Sec. 2203. Improvements to military family housing units.CommentsClose CommentsPermalink





Sec. 2204. Authorization of appropriations, Navy.CommentsClose CommentsPermalink





Sec. 2205. Modification and extension of authority to carry out certain fiscal year 2006 project.CommentsClose CommentsPermalink

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2302. Family housing.CommentsClose CommentsPermalink





Sec. 2303. Improvements to military family housing units.CommentsClose CommentsPermalink





Sec. 2304. Authorization of appropriations, Air Force.CommentsClose CommentsPermalink





Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force project.CommentsClose CommentsPermalink





Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects.CommentsClose CommentsPermalink





Sec. 23067. Extension of authorizations of certain fiscal year 2006 projects.CommentsClose CommentsPermalink





Sec. 2307. Temporary prohibition on use of funds for military construction improvements, Palanquero Air Base, Colombia.Sec. 2308. Conveyance to Indian tribes of certain housing units.CommentsClose CommentsPermalink

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2402. Family hHousing.CommentsClose CommentsPermalink





Sec. 2403. Energy conservation projects.CommentsClose CommentsPermalink





Sec. 2404. Authorization of appropriations, Defense Agencies.CommentsClose CommentsPermalink





Sec. 2405. MTermination or modification of authority to carry out certain fiscal year 2008 project9 projects.CommentsClose CommentsPermalink





Sec. 2406. Modification of authority to carry out certain fiscal year 20098 project.CommentsClose CommentsPermalink





Sec. 2407. Extension of authorizations of certain fiscal year 2007 project.CommentsClose CommentsPermalink

Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Ddefense-wide.CommentsClose CommentsPermalink

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2502. Authorization of appropriations, NATO.CommentsClose CommentsPermalink

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2602. Authorized Army Reserve construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2604. Authorized Air National Guard construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2606. Authorization of appropriations, National Guard and Reserve.CommentsClose CommentsPermalink





Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects.CommentsClose CommentsPermalink





Sec. 2608. Extension of authorizations of certain fiscal year 2006 project.CommentsClose CommentsPermalink

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990.CommentsClose CommentsPermalink





Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink





Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink

Sec. 2711. Relocation of certain Army Reserve units in Connecticut.CommentsClose CommentsPermalink





Sec. 2707. Authority to construct previously authorized Armed Forces Reserve Center in vicinity of specified location at12. Authority to construct Armed Forces Reserve Center in vicinity of Pease Air National Guard Base, New Hampshire.CommentsClose CommentsPermalink





Sec. 2708. Requirement for master plan to provide13. Sense of Congress on ensuring joint basing recommendations do not adversely affect operational readiness.CommentsClose CommentsPermalink





Sec. 2714. Requirements related to providing world class military medical facilities in the National Capital Region.CommentsClose CommentsPermalink





Sec. 2715. Use of economic development conveyances to implement base closure and realignment property recommendations.CommentsClose CommentsPermalink

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing Changes

Sec. 2811. Extension of authority to use operation and maintenance funds for construction projects inside the United States Central Command and United States Africa Command areas of responsibility01. Modification of unspecified minor construction authorities.CommentsClose CommentsPermalink





Sec. 2802. Congressional notification of facility repair projects carried out using operation and maintenance funds.CommentsClose CommentsPermalink





Sec. 281203. Modification of authority for scope of work variations.CommentsClose CommentsPermalink





Sec. 281304. Modification of conveyance authority at military installations.CommentsClose CommentsPermalink





Sec. 2814. Two-year extension of authority for pilot projects for acquisition or construction of military05. Imposition of requirement that acquisition of reserve component facilities be authorized by law.CommentsClose CommentsPermalink





Sec. 2806. Authority to use operation and maintenance funds for construction projects inside the United States Central Command area of responsibility.CommentsClose CommentsPermalink





Sec. 2807. Expansion of First Sergeants Barracks Initiative.CommentsClose CommentsPermalink





Sec. 2808. Reports on privatization initiatives for military unaccompanied housing.CommentsClose CommentsPermalink





Sec. 2809. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of reserve component facilities.CommentsClose CommentsPermalink

Subtitle B--Energy SecuritySec. 2821. Report on Department of Defense efforts toward installation of solar panels and other renewable energy projects onReal Property and Facilities Administration

Sec. 2821. Modification of utility systems conveyance authority.CommentsClose CommentsPermalink





Sec. 2822. Report on global defense posture realignment and interagency review.CommentsClose CommentsPermalink





Sec. 2823. Property and facilities management of the Armed Forces Retirement Home.CommentsClose CommentsPermalink





Sec. 2824. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California.CommentsClose CommentsPermalink





Sec. 2825. Selection of military installations to serve as locations of brigade combat teams.CommentsClose CommentsPermalink





Sec. 2826. Report on Federal assistance to support communities adversely impacted by expansion of military installations.CommentsClose CommentsPermalink

Subtitle C--Land ConveyancesProvisions Related to Guam Realignment

Sec. 2831. Land conveyance, Naval Air Station Oceana, VirginiaRole of Department of Defense in management and coordination of Defense activities relating to Guam realignment.CommentsClose CommentsPermalink





Sec. 2832. Release of reversionary interesClarifications regarding use of special purpose entities to assist with Guam realignment.CommentsClose CommentsPermalink





Sec. 2833. Land conveyance, Ellsworth Air Force Base, South DakotaWorkforce issues related to military construction and certain other transactions on Guam.CommentsClose CommentsPermalink





Sec. 2834. Land conveyance, F.E. Warren Air Force Base, Cheyenne, WyomingComposition of workforce for construction projects funded through the Support for United States Relocation to Guam Account.CommentsClose CommentsPermalink





Sec. 2835. Land conveyance, Lackland Air Force Base, TexasInteragency Coordination Group of Inspectors General for Guam Realignment.CommentsClose CommentsPermalink





Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on acceptance of replacement facility for Marine Corps Air Station, Futenma, Okinawa.CommentsClose CommentsPermalink





Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pacific region.CommentsClose CommentsPermalink

Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska.CommentsClose CommentsPermalink





Sec. 283752. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas.CommentsClose CommentsPermalink





Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, California.CommentsClose CommentsPermalink





Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility to City of Ferndale, California.CommentsClose CommentsPermalink





Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii.CommentsClose CommentsPermalink





Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui areas, Pearl Harbor, Hawaii.CommentsClose CommentsPermalink





Subtitle D--Other MattersSec. 2841. Expansion of First Sergeants Barracks Initiative Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New York. CommentsClose CommentsPermalink





Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania.CommentsClose CommentsPermalink





Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota.CommentsClose CommentsPermalink





Sec. 2860. Land conveyance, Lackland Air Force Base, Texas.CommentsClose CommentsPermalink





Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia.CommentsClose CommentsPermalink





Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington.CommentsClose CommentsPermalink





Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming.CommentsClose CommentsPermalink

Sec. 2871. Revised authority to establish national monument to honor United States Armed Forces working dog teams.CommentsClose CommentsPermalink





Sec. 2872. National D-Day Memorial study.CommentsClose CommentsPermalink





Sec. 2873. Conditions on establishment of Cooperative Security Location in Palanquero, Colombia.CommentsClose CommentsPermalink





Sec. 2874. Military activities at United States Marine Corps Mountain Warfare Training Center.CommentsClose CommentsPermalink

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2901. Authorized Army construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2902. Authorized Air Force construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2903. Construction authorization for facilities for Office of Defense Representative-Pakistan.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 3102. Defense environmental cleanup.CommentsClose CommentsPermalink





Sec. 3103. Other defense activities.CommentsClose CommentsPermalink





Sec. 3104. Defense nuclear waste disposal.CommentsClose CommentsPermalink





Sec. 3105. Funding tableEnergy security and assurance.CommentsClose CommentsPermalink





Sec. 3106. Relation to funding tables.CommentsClose CommentsPermalink

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Nuclear weapons stockpile life extension Stockpile stewardship program.CommentsClose CommentsPermalink





Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile stewardship program.CommentsClose CommentsPermalink





Sec. 3113. Stockpile management program.CommentsClose CommentsPermalink





Sec. 3114. Dual validation of annual weapons assessment and certification.CommentsClose CommentsPermalink





Sec. 3115. Elimination of nuclear weapons life extension program from exception to requirement to request funds in budget of the President.CommentsClose CommentsPermalink





Sec. 3113. Repeal of Reliable Replacement Warhead program.Sec. 3114. Authorization of use of International Nuclear Materials Protection and Cooperation program funds for bilateral and multilateral nonproliferation and disarmament activities6. Long-term plan for the modernization and refurbishment of the nuclear security complex.CommentsClose CommentsPermalink





Sec. 31157. Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship.CommentsClose CommentsPermalink





Sec. 31168. Modification of minor construction threshold for plant projects.CommentsClose CommentsPermalink





Sec. 31179. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel.CommentsClose CommentsPermalink





Sec. 311820. National Nuclear Security Administration authority for urgent nonproliferation activities.CommentsClose CommentsPermalink





Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 3131. Ten-year plan for utilization and funding of certain Department of Energy facilities.

Sec. 3132. Review of management and operation of certain nationalReports

Sec. 3131. National Academy of Sciences review of national security laboratories.CommentsClose CommentsPermalink





Sec. 3133. Inclusion in 2010 stockpile stewardship plan of certain information relating to stockpile stewardship criteria2. Plan to ensure capability to monitor, analyze, and evaluate foreign nuclear weapons activities.CommentsClose CommentsPermalink





Sec. 3133. Comptroller General study of stockpile stewardship program.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink

Sec. 3141. Ten-year plan for use and funding of certain Department of Energy facilities.CommentsClose CommentsPermalink





Sec. 3135. Identification in budget materials of amounts for certain Department of Energy pension obligations.Sec. 3136. Expansion of authority of42. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program.CommentsClose CommentsPermalink





Sec. 3137. Comptroller General study of stockpile stewardship program43. Identification in budget materials of amounts for certain Department of Energy pension obligations.CommentsClose CommentsPermalink





Sec. 3138. Sense of the Senate44. Sense of Congress on production of molybdenum-99.CommentsClose CommentsPermalink

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.CommentsClose CommentsPermalink

TITLE XXXIIIV--NAVAL PETROLEUM RESERVES

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3301. Maritime Administration501. Authorization of appropriations for fiscal year 2010.CommentsClose CommentsPermalink





Sec. 3502. Unused leave balances.CommentsClose CommentsPermalink





Sec. 3503. Temporary program authorizing contracts with adjunct professors at the United States Merchant Marine Academy.CommentsClose CommentsPermalink





Sec. 3504. Maritime loan guarantee program.CommentsClose CommentsPermalink





Sec. 3505. Defense measures against unauthorized seizures of Maritime Security Fleet vessels.CommentsClose CommentsPermalink





Sec. 3506. Report on restrictions on United States-flagged commercial vessel security.CommentsClose CommentsPermalink





Sec. 3507. Technical corrections to State maritime academies student incentive program.CommentsClose CommentsPermalink





Sec. 3508. Cooperative agreements, administrative expenses, and contracting authority.CommentsClose CommentsPermalink





Sec. 3509. Use of funding for DOT maritime heritage property.CommentsClose CommentsPermalink





Sec. 3510. Use of midshipman fees.CommentsClose CommentsPermalink





Sec. 3511. Construction of vessels in the United States policy.CommentsClose CommentsPermalink





Sec. 3512. Port infrastructure development program.CommentsClose CommentsPermalink





Sec. 3513. Reefs for marine life conservation program.CommentsClose CommentsPermalink





Sec. 3514. United States Merchant Marine Academy graduate program receipt, disbursement, and accounting for nonappropriated funds.CommentsClose CommentsPermalink





Sec. 3515. America’s short sea transportation grants for the development of marine highways.CommentsClose CommentsPermalink





Sec. 3516. Expansion of the Marine View system.CommentsClose CommentsPermalink

DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.CommentsClose CommentsPermalink

TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.CommentsClose CommentsPermalink





Sec. 4102. Procurement for overseas contingency operations.CommentsClose CommentsPermalink

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

Sec. 4201. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 4302. Operation and maintenance for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLIV--OTHER AUTHORIZATIONS

Sec. 4401. Other authorizations.CommentsClose CommentsPermalink





Sec. 4402. Other authorizations for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLV--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 4501. Military construction.CommentsClose CommentsPermalink





Sec. 4502. 2005 base realignment and closure round FY 2010 project listing.CommentsClose CommentsPermalink





Sec. 4503. American Recovery and Reinvestment Act military construction.Sec. 4504. Military construction for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4601. Department of Energy national security programs.CommentsClose CommentsPermalink

DIVISION E--MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES PREVENTION ACT

Sec. 4701. Short title.CommentsClose CommentsPermalink





Sec. 4702. Findings.CommentsClose CommentsPermalink





Sec. 4703. Definition of hate crimes.CommentsClose CommentsPermalink





Sec. 4704. Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials.CommentsClose CommentsPermalink





Sec. 4705. Grant program.CommentsClose CommentsPermalink





Sec. 4706. Authorization for additional personnel to assist State, local, and tribal law enforcement.CommentsClose CommentsPermalink





Sec. 4707. Prohibition of certain hate crime acts.CommentsClose CommentsPermalink





Sec. 4708. Statistics.CommentsClose CommentsPermalink





Sec. 4709. Severability.CommentsClose CommentsPermalink





Sec. 4710. Rule of construction.CommentsClose CommentsPermalink





Sec. 4711. Construction and application.

Sec. 4712. Limitation on prosecutions.

Sec. 4713. Guidelines for hate-crimes offenses.CommentsClose CommentsPermalink




Sec. 47142. Attacks on United States servicemen.CommentsClose CommentsPermalink





DIVISION F--SBIR/STTR REAUTHORIZATION

Sec. 5001. Short title.

Sec. 5002. Definitions.TITLE LI--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMSSec. 5101. Extension of termination dates4713. Report on mandatory minimum sentencing provisions.CommentsClose CommentsPermalink

Sec. 101. Army.CommentsClose CommentsPermalink





Sec. 5102. Status of the Office of Technology102. Navy and Marine Corps.CommentsClose CommentsPermalink





Sec. 5103. SBIR allocation increase.

Sec. 5104. STTR allocation increase.

Sec. 5105. SBIR and STTR award levels.

Sec. 5106. Agency and program collaboration.

Sec. 5107. Elimination of Phase II invitations.

Sec. 5108. Majority-venture investments in SBIR firms103. Air Force.CommentsClose CommentsPermalink




Sec. 5109. SBIR and STTR special acquisition preference104. Defense-wide activities.CommentsClose CommentsPermalink





Sec. 5110. Collaborating with Federal laboratories and research and development centers105. National Guard and Reserve equipment.CommentsClose CommentsPermalink





Sec. 5111. Notice requirement.TITLE LII--OUTREACH AND COMMERCIALIZATION INITIATIVESSec. 5201. Rural and State outreach106. Mine Resistant Ambush Protected Vehicle Fund.CommentsClose CommentsPermalink





Sec. 5202. SBIR-STEM Workforce Development Grant Pilot P107. Relation to funding table.CommentsClose CommentsPermalink

Sec. 121. Littoral Combat Ship program.CommentsClose CommentsPermalink





Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisition program.CommentsClose CommentsPermalink





Sec. 5203. Technical assistance for awardees123. Report on strategic plan for homeporting the Littoral Combat Ship.CommentsClose CommentsPermalink





Sec. 5204. Commercialization program at Department of Defense124. Advance procurement funding.CommentsClose CommentsPermalink





Sec. 5205. Commercialization Pilot Program for civilian agencies.

Sec. 5206. Nanotechnology initiative.

Sec. 5207. Accelerating cures.

TITLE LIII--OVERSIGHT AND EVALUATION

Sec. 5301. Streamlining annual evaluation requirements.

Sec. 5302. Data collection from agencies for SBIR.

Sec. 5303. Data collection from agencies for STTR.

Sec. 5304. Public database.

Sec. 5305. Government database.

Sec. 5306. Accuracy in funding base calculations.

Sec. 5307. Continued evaluation by the National Academy of Sciences.

Sec. 5308. Technology insertion reporting requirements.

Sec. 5309. Intellectual property protections.

TITLE LIV--POLICY DIRECTIVES

Sec. 5401. Conforming amendments to the SBIR and the STTR Policy Directives.

Sec. 5402. Priorities for certain research initiatives.

Sec. 5403. Report on SBIR and STTR program goals.

Sec. 5404. Competitive selection procedures for SBIR and STTR programs.

DIVISION G--MARITIME ADMINISTRATION AUTHORIZATIONTITLE LX--MARITIME ADMINISTRATIONSec. 6001. Short title125. Procurement programs for future naval surface combatants.CommentsClose CommentsPermalink




Sec. 6002. Cooperative agreements, administrative expenses, and contracting authority126. Ford-class aircraft carrier report.CommentsClose CommentsPermalink





Sec. 6003. Use of funding for DOT maritime heritage property127. Report on a service life extension program for Oliver Hazard Perry class frigates.CommentsClose CommentsPermalink





Sec. 6004. Liquidation of unused leave balance at the Merchant Marine Academy128. Conditional multiyear procurement authority for F/A-18E, F/A-18F, or EA-18G aircraft.CommentsClose CommentsPermalink

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.CommentsClose CommentsPermalink





Sec. 6005. Permanent authority to hire adjunct professors at the Merchant Marine Academy132. Revised availability of certain funds available for the F-22A fighter aircraft.CommentsClose CommentsPermalink





Sec. 6006. Use of midshipman fees133. Preservation and storage of unique tooling for F-22 fighter aircraft.CommentsClose CommentsPermalink





Sec. 6007. Construction of vessels in the United States policy134. AC-130 gunships.CommentsClose CommentsPermalink





Sec. 6008. Port infrastructure development program135. Report on E-8C Joint Surveillance and Target Attack Radar System re-engining.CommentsClose CommentsPermalink





Sec. 6009. Reefs for marine life conservation program136. Repeal of requirement to maintain certain retired C-130E aircraft.CommentsClose CommentsPermalink





Sec. 6010. Student incentive payment agreements137. Limitation on retirement of C-5 aircraft.CommentsClose CommentsPermalink





Sec. 6011. United States merchant marine academy graduate program receipt, disbursement, and accounting for non-appropriated funds138. Reports on strategic airlift aircraft.CommentsClose CommentsPermalink





Sec. 6012. America’s short sea transportation grants for the development of marine highways139. Strategic airlift force structure.CommentsClose CommentsPermalink

Sec. 141. Body armor procurement.CommentsClose CommentsPermalink





Sec. 6013. Expansion of the marine view system142. Unmanned cargo-carrying-capable aerial vehicles.CommentsClose CommentsPermalink





Sec. 6014. Authorization of appropriations for fiscal year 2010.SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ‘congressional defense committees’ has the meaning given that term insection 101(a)(16) of title 10, United States Code.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

143. Modification of nature of data link for use by tactical unmanned aerial vehicles.CommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 101. ARMY.CommentsClose CommentsPermalink

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Army as follows:CommentsClose CommentsPermalink





(1) For aircraft, $5,144,89110,352,000.CommentsClose CommentsPermalink





(2) For missiles, $1,37568,109,000.CommentsClose CommentsPermalink





(3) For weapons and tracked combat vehicles, $2,451,939,052,000.CommentsClose CommentsPermalink





(4) For ammunition, $2,0598,895,000.CommentsClose CommentsPermalink





(5) For other procurement, $9,617,991450,863,000.CommentsClose CommentsPermalink

SEC. 102. NAVY AND MARINE CORPS.CommentsClose CommentsPermalink

(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Navy as follows:CommentsClose CommentsPermalink





(1) For aircraft, $18,655,4842,112,000.CommentsClose CommentsPermalink





(2) For weapons, including missiles and torpedoes, $3,515,455446,019,000.CommentsClose CommentsPermalink





(3) For shipbuilding and conversion, $13,776,867,000.CommentsClose CommentsPermalink





(4) For other procurement, $5,595,176610,581,000.CommentsClose CommentsPermalink





(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Marine Corps in the amount of $1,600,63,738,000.CommentsClose CommentsPermalink





(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement of ammunition for the Navy and the Marine Corps in the amount of $840,6714,015,000.CommentsClose CommentsPermalink

SEC. 103. AIR FORCE.CommentsClose CommentsPermalink

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Air Force as follows:CommentsClose CommentsPermalink





(1) For aircraft, $13,077,8761,224,371,000.CommentsClose CommentsPermalink





(2) For missiles, $6,107,728,000.(3) For ammunition, $822,462,000.CommentsClose CommentsPermalink





(3) For missiles, $6,037,459,000.CommentsClose CommentsPermalink





(4) For other procurement, $17,245,341133,668,000.CommentsClose CommentsPermalink

SEC. 104. DEFENSE-WIDE ACTIVITIES.CommentsClose CommentsPermalink

Funds are hereby authorized to be appropriated for fiscal year 2010 for Defense-wide procurement as follows:

(1) For Defense-wide procurement, $4,050,052,000.

(2) For the Rapid Acquisition Fund, $79,300,000.

(3) Fin the amount of $4,090,816,000.CommentsClose CommentsPermalink

Funds are hereby authorized to be appropriated for fiscal year 2010 for the Mine Resistant Ambush Protected Vehicle Fund, $1,2 in the amount of $600,000,000.CommentsClose CommentsPermalink

SEC. 105.7. RELATION TO FUNDING TABLE.CommentsClose CommentsPermalink

The amounts authorized to be appropriated by sections 101, 102, 103, and 104104, 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.CommentsClose CommentsPermalink

Subtitle B--Army ProgramsCommentsClose CommentsPermalink

Subtitle C--Navy ProgramsCommentsClose CommentsPermalink

SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM21. LITTORAL COMBAT SHIP PROGRAM.CommentsClose CommentsPermalink

SEC. 122. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A MAJOR DEFENSE ACQUISITION PROGRAM.CommentsClose CommentsPermalink

Effective as of the date of the enactment of this Act, the program for the Littoral Combat Ship shall be treated as a major defense acquisition program for purposes of chapter 144 of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 11223. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL COMBAT SHIP.CommentsClose CommentsPermalink

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the SecretaryAt the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for fiscal year 2011, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the strategic plan of the Navy for homeporting the Littoral Combat Ship (LCS) on the East Coast and West Con the east coast and west coast of the United States.CommentsClose CommentsPermalink





(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) The requirements for homeporting of theAn 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 ship of the commanders of the combatant commands, set forth by geographic area of responsibility (AOR).

(2) A description of the manner in which the Navy will meet the requirements identified under paragraph (1).

(3) An assessment of the effect ofShips, including the notional transit times to the various geographic areas of responsibility.CommentsClose CommentsPermalink




(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.(4) A map, based on the current plan of 55 Littoral Combat Ships, identifying where each ship will homeport and how such ports will accommodate both types of, including an identification of the infrastructure required to support each such ship with respect to--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) the logistical and maintenance support services required in any port chosen for the Littoral Combat Ships, based on the current program and a 313-ship Navy.(5) An estimate of the costs of; andCommentsClose CommentsPermalink





(C) any investment in naval station infrastructure required for homeporting Littoral Combat Ships at each homeport, including--

(A) existing infrastructure; and

(B)(including a plan for such upgraded infrastructure as may be requiredinvestment).CommentsClose CommentsPermalink




(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.CommentsClose CommentsPermalink

SEC. 11324. ADVANCE PROCUREMENT FUNDING.CommentsClose CommentsPermalink

SEC. 125. PROCUREMENT PROGRAMS FOR FUTURE NAVAL SURFACE COMBATANTS.CommentsClose CommentsPermalink

(a) Limitation on Availability of Funds Pending Reports About Surface Combatant Shipbuilding Programs- The Secretary of the Navy may not obligate or expend funds for the construction of, or advanced procurement of materials for, a surface combatant to be constructed after fiscal year 2011 until the Secretary has submitted to Congress each of the following:CommentsClose CommentsPermalink





(1) An acquisition strategy for such surface combatants that has been approved by the Department of Defense.(2) The results of reviews by the Joint Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink





(2) Certification that the Joint Requirements Oversight Council for an Acquisition Category I program that supports the need for an acquisition --CommentsClose CommentsPermalink





(A) has been briefed on the acquisition strategy to procure such surface combatants after fiscal year 2011.(3) A verification by an independent review panel convened by the Secretary of Defense that, in evaluating the shipbuilding program; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) Modeling and simulation, including war gaming conclusions regarding combat effectiveness for the selected ship platforms as compared to other reasonable alternative approaches.CommentsClose CommentsPermalink





(B) Assessments of platform operational availability.CommentsClose CommentsPermalink





(C) Life cycle costs from, including vessel manning levels, to accomplish missions.CommentsClose CommentsPermalink





(4) An intelligence analysis reflecting a coordinated threat assessment of the Defense Intelligence Agency that provides the basis for deriving the mix of platforms in the shipbuilding program concerned when compared with the surface combatants in the 2009 shipbuilding plan.(5D) The differences in cost and schedule arising from the need to accommodate new sensors and weapons in futuresurface combatants to be constructed after fiscal year 2011 to counter the future threats referred to in paragraph (4)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.CommentsClose CommentsPermalink





(6) A verification by the commanders of the combatant commands that the shipbuilding program for the vessels concerned would be preferable to the surface combatants included in the 2009 shipbuilding plan for the vessels concerned in meeting all of their future mission requirements.(7) A joint review by the Navy and4) 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 (BMD) beyond the number of DDG-51 and CG-47 vessels planned to be equipped for this mission area in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).CommentsClose CommentsPermalink





(b) Future Surface Combatant Acquisition Strategy- Not later than the date upon which the President submits to Congress the budget for fiscal year 2012 (as so submitted), the Secretary of the Navy shall submit to the congressional defense committees a plan to provide for full and open competition on the combat systems forn update to the open architecture report to Congress that reflects the Navy’s combat systems acquisition plans for the surface combatants proposed in the future-years defense program submitted to Congress undersection 221 of title 10, United States Code, together with such budget. The plan shall include specifics on the intent of the Navy to satisfy criteria described in subsection (a) and evaluate applicable technologies during the request for proposal and selection processto be procured in fiscal year 2012 and fiscal years thereafter.CommentsClose CommentsPermalink





(c) Naval Surface Fire Support- Not later than 120 days after the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees an update to the March 2006 Report to Congress on Naval Surface Fire Support. The update shall identify how the Department of Defense intends to address any shortfalls between required naval surface fire support capability and the plan of the Navy to provide that capability. The update shall include addenda by the Chief of Naval Operations and Commandant of the Marine Corps, as was the case in the 2006 report.CommentsClose CommentsPermalink





(d) Technology Roadmap for Future Surface Combatants and Fleet Modernization-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall develop a plan to incorporate into surface combatants constructed after 2011, and into fleet modernization programs, the technologies developed for the DDG-1000 destroyer and the DDG-51 and CG-47 Aegis ships, including the following:

(A) For the DDG-1000 destroyer--

(i) combat system;

(ii) multi-function and dual-band radars;

(iii) hull, mechanical and electrical systems achievingechnologies and systems designed to achieve significant manpower savings; and

(iv) integrated electric propulsion technologies.

(B) For the DDG-51 and CG-47 Aegis ships--

(i) combat system, including missile defense capability;

(ii) hull, mechanical and electrical systems achieving manpower savings; and

(iii) anti-submarine warfare sensor systems designed for operating in open ocean areas.CommentsClose CommentsPermalink




(2) SCOPE OF PLAN- The plan required by paragraph (1) shall include sufficient detail for systems and subsystems to ensure that the plan--CommentsClose CommentsPermalink





(A) avoids redundant development for common functions;CommentsClose CommentsPermalink





(B) reflects implementation of Navy plans for achieving an open architecture for all naval surface combat systems; andCommentsClose CommentsPermalink





(C) fosters full and open competition.(e) Definitioncompetition.CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘2009 shipbuilding plan’ means the 30-year shipbuilding plan submitted to Congress pursuant to section 231, title 10, United States Code, together with the budget of the President for fiscal year 2009 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 11426. FORD-CLASS AIRCRAFT CARRIER REPORT.CommentsClose CommentsPermalink

SEC. 127. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR OLIVER HAZARD PERRY CLASS FRIGATES.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





(1) A detailed analysis of a service life extension program (SLEP) for the Oliver Hazard Perry class frigates (FFGs), including--CommentsClose CommentsPermalink





(A) the cost of the program;CommentsClose CommentsPermalink





(B) a notional schedule for the program; andCommentsClose CommentsPermalink





(C) the shipyards available to carry out the work under the program.CommentsClose CommentsPermalink





(2) A detailed plan of the Navy for achieving a 313-ship fleet as contemplated by the 2006 Quadrennial Defense Review, including a comparison for purposes of that plan of decommissioning Oliver Hazard Perry class frigates as scheduled with extending the service life of such frigates under the service life extension program.(3) The strategic plan of the Navy for the manner in which the The strategic plan of the Navy for--CommentsClose CommentsPermalink





(A) the manner in which the Littoral Combat Ship (LCS) will fulfill the roles and missions currently performed by the Oliver Hazard Perry class frigates as they are decommissioned.(4) The strategic plan of the Navy for thesuch frigates are decommissioned; andCommentsClose CommentsPermalink





(B) the year-by-year planned commissioning of Littoral Combat Ship if the extension of s and planned decommissioning of Oliver Hazard Perry class frigates through the projected service life of the Oliver Hazard Perry class frigates.CommentsClose CommentsPermalink





(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 demand arising under the current capabilities gap in thecapability gaps caused by a delay in the procurement rates of Littoral Combat Ship.(5s.CommentsClose CommentsPermalink





(4) A description of the manner in which the Navy has met the needrequirements 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.CommentsClose CommentsPermalink

SEC. 115. COMPETITIVE BIDDING FOR PROCUREMENT OF STEAM TURBINES FOR SHIPS SERVICE TURBINE GENERATORS AND MAIN PROPULSION TURBINES FOR OHIO-CLASS SUBMARINE REPLACEMENT PROGRAM.

The Secretary of the Navy shall take measures to ensure competition, or the option of competition, for steam turbines for the ships service turbine generators and main propulsion turbines for the Ohio-class submarine replacement program in accordance with section 202 of the Weapons Systems Acquisition Reform Act of 2009 (Public Law 111-23; 10 U.S.C. 2430 note).

Subtitle C--Air Force Matters

SEC. 121. LIMITATION ON RETIREMENT OF C-5 AIRCRAFT.

(a) Limitation- The Secretary of the Air Force may not proceed with a decision to retire C-5A aircraft from the active inventory of the Air Force in any number that would reduce the total number of such aircraft in the active inventory below 111 until--

(1) the Air Force has modified a C-5A aircraft to the configuration referred to as the Reliability Enhancement and Reengining Program (RERP) configuration, as planned under the C-5 System Development and Demonstration program as of May 1, 2003; and

(2) the Director of Operational Test and Evaluation of the Department of Defense--

(A) conducts an operational evaluation of that aircraft, as so modified; and

(B) provides to the Secretary of Defense and the congressional defense committees an operational assessment.

(b) Operational Evaluation- An operational evaluation for purposes of paragraph (2)(A) of subsection (a) is an evaluation, conducted during operational testing and evaluation of the aircraft, as so modified, of the performance of the aircraft with respect to reliability, maintainability, and availability and with respect to critical operational issues.

(c) Operational Assessment- An operational assessment for purposes of paragraph (2)(B) of subsection (a) is an operational assessment of the program to modify C-5A aircraft to the configuration referred to in subsection (a)(1) regarding both overall suitability and deficiencies of the program to improve performance of the C-5A aircraft relative to requirements and specifications for reliability, maintainability, and availability of that aircraft as in effect on May 1, 2003.

(d) Additional Limitations on Retirement of Aircraft- The Secretary of the Air Force may not retire C-5 aircraft from the active inventory as of the date of this Act until the later of the following:

(1) The date that is 150 days after the date on which the Director of Operational Test and Evaluation submits the report referred to in subsection (a)(2)(B).

(2) The date that is 120 days after the date on which the Secretary submits the report required under subsection (e).

(3) The date that is 30 days after the date on which 28. CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E, F/A-18F, OR EA-18G AIRCRAFT.CommentsClose CommentsPermalink

(a) Authority for Multiyear Procurement-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract for the procurement of F/A-18E, F/A-18F, or EA-18G aircraft.CommentsClose CommentsPermalink





(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 certifies to the congressional defense committees that--

(A) the retirement of such aircraft will not increase the operational risk of meeting the National Defense Strategy; and

(B) the retirement of such aircraft will not reduce the total strategic airlift force structure below 324 strategic airlift aircraft.

(e) Report on Retirement of Aircraft- The Secretary of the Air Force shall submitrequests 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.CommentsClose CommentsPermalink




(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.CommentsClose CommentsPermalink





(c) Report of Findings- In addition to any reports or certifications required by section 2306b of title 10, United States Code, not later than March 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following:(1on 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 Secretary with regard to the F/A-18E, F/A-18F, and EA-18G aircraft programs of record.CommentsClose CommentsPermalink





(d) Sunset-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) EXTENSION- The Secretary of the Navy may enter into a multiyear contract under subsection (a) until September 30, 2010, if the Secretary notifies the congressional defense committees in writing--CommentsClose CommentsPermalink





(A) that the administrative processes or other contracting activities necessary for executing this authority cannot be completed before May 1, 2010; andCommentsClose CommentsPermalink





(B) of the date, on or before September 30, 2010, on which the Secretary plans to enter into such multiyear contract.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) The estimated procurement costs for those aircraft if procured through annual procurement contracts.CommentsClose CommentsPermalink





(3) The estimated procurement costs for those aircraft if procured through multiyear procurement contracts.CommentsClose CommentsPermalink





(4) The rationale for the retirementestimated 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.CommentsClose CommentsPermalink





(5) A discussion comparing the costs and benefits of existing C-5 aircraft and a cost/benefit analysis of alternative strategic airlift force structures, including the force structure that would result from the retirement of such aircraft.

(2) An assessment of the costs and benefits of applying the Reliability Enhancement and Re-engining Program (RERP) modification to the entire the C-5A aircraft fleet.

(3) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of operating a mix of C-5A aircraft and C-5M aircraft.

(4) An assessment of the costs and benefits of increasing the number of C-5 aircraft in Back-up Aircraft Inventory (BAI) status as a hedge against future requirements of such aircraft.

(5) An assessment of the costs, benefits, and implications of transferring C-5 aircraft to United States flag carriers operating in the Civil Reserve Air Fleet (CRAF) program or to coalition partners in lieu of the retirement of such aircraft.

(6) Such other matters relating to the retirement of C-5 aircraft as the Secretary considers appropriate.

(f) Maintenance of Aircraft Upon Retirement- The Secretary of the Air Force shall maintain any C-5 aircraft retired after the date of the enactment of this Act in Type 1000 storage until opportunities for the transfer of such aircraft as described in subsection (e)(5) have been fully exhausted.

SEC. 12obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract.CommentsClose CommentsPermalink




(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) have advanced capabilities, including--CommentsClose CommentsPermalink





(A) AESA radar;CommentsClose CommentsPermalink





(B) high capacity data-link; andCommentsClose CommentsPermalink





(C) enhanced avionics; andCommentsClose CommentsPermalink





(2) have the ability to deploy current and reasonably foreseeable advanced armaments.CommentsClose CommentsPermalink

SEC. 132. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR THE F-22A FIGHTER AIRCRAFT.CommentsClose CommentsPermalink

(a) Repeal of Authority on Availability of Fiscal Year 2009 Funds- Section 134 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4378) is repealed.CommentsClose CommentsPermalink





(b) Availability of Advance Procurement Funds for Other F-22A Aircraft Modernization Priorities- Subject to the provisions of appropriations Acts and applicable requirements relating to the transfer of funds, the Secretary of the Air Force may transfer amounts authorized to be appropriated for fiscal year 2009 by section 103(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4373) for aircraft procurement for the Air Force and available for advance procurement for the F-22A fighter aircraft within that subaccount or to other subaccounts for aircraft procurement for the Air Force for purposes of providing funds for other modernization priorities with respect to the F-22A fighter aircraft.CommentsClose CommentsPermalink

SEC. 123. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE F-22A FIGHTER AIRCRAFT.

(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State and in consultation with the Secretary of the Air Force, submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on potential foreign military sales of the F-22A fighter aircraft.

(b) Elements- The report required by subsection (a) shall include the following:

(1) An estimate of the costs to the United States Government, industry, and any foreign military sales customer of developing an exportable version of the F-22A fighter aircraft.

(2) An assessment whether an exportable version of the F-22A fighter aircraft is technically feasible and executable, and, if so, a timeline for achieving an exportable version of the aircraft.

(3) An assessment of the potential strategic implications of permitting foreign military sales of the F-22A fighter aircraft.

(4) An assessment of the impact of foreign military sales of the F-22A fighter aircraft on the United States aerospace and aviation industry, and the advantages and disadvantages of such sales for sustaining that industry.

(5) An identification of any modifications to current law that are required to authorize foreign military sales of the F-22A fighter aircraft.

(c) Additional Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide for a federally funded research and development center which will submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House33. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 FIGHTER AIRCRAFT.CommentsClose CommentsPermalink

(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 Representatives, through the Secretary of Defense, a report on potential foreign military sales of the F-22A fighter aircraft, addressing the same elements as in subsection (b) of this section.SEC. 124. NEXT GENERATION BOMBER AIRCRAFT.

(a) Findings- Congress makes the following findings:

(1) Long-range strike is a critical mission in which the United States needs to retain a credible and dominant capability.

(2) Long range, penetrating strike systems provide--

(A) a hedge against being unable to obtain access to forward bases for political reasons;

(B) a capacity to respond quickly to contingencies;

(C) the ability to base outside the reach of emerging adversary anti-access and area-denial capabilities; and

(D) the ability to impose disproportionate defensive costs on prospective adversaries of the United States.

(3) The 2006 Quadrennial Defense Review found that there was a requirement for a next generation bomber aircraft and directed the United States Air Force to ‘develop a new land-based, penetrating long range strike capability to be fielded by 2018’.

(4) On April 6, 2009, Secretary Gates announced that the United States ‘will not pursue a development program for a follow-on Air Force bomber until we have a better understanding of the need, the requirement and the technology’.

(5) On May 7, 2009, President Barack Obama announced the termination of the next generation bomber aircraft program inhardware and end items for F-22 fighter aircraft. The plan shall--CommentsClose CommentsPermalink




(1) ensure that the Secretary preserves and stores required tooling in a manner that--CommentsClose CommentsPermalink





(A) allows the production of such hardware and end items to be restarted after a period of idleness; andCommentsClose CommentsPermalink





(B) provides for the long-term sustainment and repair of such hardware and end items;CommentsClose CommentsPermalink





(2) with respect to the document of the Office of Management and Budget entitled ‘Terminations, Reductions, and Savings’, stating that ‘there is no urgent need to begin an expensive development program for a new bomber’ and that ‘the future bomber fleet may not be affordable over the next six years’.

(6) The United States will need a new long-range strike capability because the conflicts of the future will likely feature heavily defended airspace, due in large part to the proliferation of relatively inexpensive, but sophisticated and deadly, air defense systems.

(7) General Michael Maples, the Director of the Defense Intelligence Agency, noted during a March 10, 2009, hearing of the Committee on Armed Services of the Senate on worldwide threats that ‘Russia, quite frankly, is the developer of most of those [advanced air defense] systems and is exporting those systems both to China and to other countries in the world’.

(8) The Final Report of the Congressional Commission on the Strategic Posture of the United States, submitted to Congress on May 6, 2009, states that ‘[t]he bomber force is valuable particularly for extending deterrence in time of crisis, as their deployment is visible and signals U.S. commitment. Bombers also impose a significant cost burden on potential adversaries in terms of the need to invest in advanced air defenses’.

(9) The commanders of the United States Pacific Command, the United States Strategic Command, and the United States Joint Forces Command have each testified before the Committee on Armed Services of the Senate in support of the capability that the next generation bomber aircraft would provide.

(10) On June 17, 2009, General James Cartwright, Vice-Chairman of the Joint Chiefs of Staff and chair of the Joint Requirements Oversight Council, stated during a hearing before the Committee on Armed Services of the Senate that ‘the nation needs a new bomber’.

(11) Nearly half of the United States bomber aircraft inventory (47 percent) pre-dates the Cuban Missile Crisis.

(12) The only air-breathing strike platforms the United States possesses today with reach and survivability to have a chance of successfully executing missions more than 1,000 nautical miles into enemy territory from the last air-to-air refueling are 16 combat ready B-2 bomber aircraft.

(13) The B-2 bomber aircraft was designed in the 1980s and achieved initial operational capability over a decade ago.

(14) The crash of an operational B-2 bomber aircraft during takeoff at Guam in early 2008 indicates that attrition can and does occur even in peacetime.

(15) The primary mission requirement of the next generation bomber aircraft is the ability to strike targets anywhere on the globe with whatever weapons the contingency requires.

(16) The requisite aerodynamic, structural, and low-observable technologies to develop the next generation bomber aircraft already exist in fifth-generation fighter aircraft.

(b) Policy on Continued Development of Next Generation Bomber Aircraft in Fiscal Year 2010- It is the policy of the United States to support a development program for next generation bomber aircraft technologiessupplier base of such hardware and end items, identify the costs of restarting production; andCommentsClose CommentsPermalink




(3) identify any contract modifications, additional facilities, or funding that the Secretary determines necessary to carry out the plan.CommentsClose CommentsPermalink





(b) Restriction on the Use of Funds- None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2010 for aircraft procurement, Air Force, for F-22 fighter aircraft may be obligated or expended for activities related to disposing of F-22 production tooling until a period of 45 days has elapsed after the date on which the Secretary submits to Congress a report describing the plan required by subsection (a).CommentsClose CommentsPermalink

SEC. 12534. AC-130 GUNSHIPS.CommentsClose CommentsPermalink

(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 a rate per year of the average of their operating rate for the last five yearsthat is similar to the average rate per year of the five years preceding the date of the report.CommentsClose CommentsPermalink





(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) A description by series of the age, serviceability, and capabilities of the armament systems of the AC-130 gunships.CommentsClose CommentsPermalink





(3) An estimate by series of the costs of modernizing the armament systems of the AC-130 gunships to achieve any necessary capability improvements.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Form- The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink





(d) Analysis of Alternatives- The Secretary of the Air Force, in consultation with the Commander of the United States Special Operations Command, shall conduct an analysis of alternatives for any gunship modernization requirements identified by the 2009 quadrennial defense review under section 118 of title 10, United States Code. The results of the analysis of alternatives shall be provided to the congressional defense committees not later than 18 months after the completion of the 2009 quadrennial defense review.CommentsClose CommentsPermalink

SEC. 12635. REPORT ON E-8C JOINT SURVEILLANCE AND TARGET ATTACK RADAR SYSTEM RE-ENGINING.CommentsClose CommentsPermalink

(a) In General- Not later than 690 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on replacing the engines of E-8C Joint Surveillance and Target Attack Radar System (Joint STARS) aircraftaircraft (in this section referred to as ‘Joint STARS aircraft’). The report shall include the following:CommentsClose CommentsPermalink





(1) An assessment of funding alternatives and options for accelerating funding for the fielding of Joint STARS aircraft with replaced engines.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) An identification of the optimum path forward for replacing the engines of Joint STARS aircraft and modernizing the Joint STARS fleet.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

Subtitle DEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN RETIRED C-130E AIRCRAFT.CommentsClose CommentsPermalink

Subtitle E--Joint and Multiservice MattersCommentsClose CommentsPermalink

SEC. 13141. BODY ARMOR PROCUREMENT.CommentsClose CommentsPermalink

SEC. 143. MODIFICATION OF NATURE OF DATA LINK UTILIZABLFOR USE BY TACTICAL UNMANNED AERIAL VEHICLES.CommentsClose CommentsPermalink

Section 141(a)(1) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3164) is amended by striking ‘, until such time as the Tactical Common Data Link is replacestandard 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’.CommentsClose CommentsPermalink

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose CommentsPermalink

Subtitle A--Authorization of Appropriations

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink

(a) In General- Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Department of Defense forFunds 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:CommentsClose CommentsPermalink





(1) For the Army, $10,863,003638,534,000.CommentsClose CommentsPermalink





(2) For the Navy, $19,597,696607,161,000.CommentsClose CommentsPermalink





(3) For the Air Force, $28,693,95401,642,000.CommentsClose CommentsPermalink





(4) For Defense-wide activities, $20,555,270,000.(5) For604,271,000, of which $190,770,000 is authorized for the Director of Operational Test and Evaluation, Defense, $190,770,000.(b) Funding Table- The amounts authorized to be appropriated by subsection (a).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Subtitle B--Program Requirements, Restrictions, and LimitationsCommentsClose CommentsPermalink

SEC. 211. LIMITATION ON USE OF FUNDS FOR AN ALTERNATIVE PROPULSION SYSTEM FOR THE F-35 JOINT STRIKE FIGHTER PROGRAM; INCREASE IN FUNDING FOR PROCUREMENT OF UH-1Y/AH-1Z ROTARY WING AIRCRAFT AND FOR MANAGEMENT RESERVES FOR THE F-35 JOINT STRIKE FIGHTER PROGRAM.

(a) Limitation on Use of Funds for an Alternative Propulsion System for the F-35 Joint Strike Fighter Program- None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended for the development or procurement of an alternate propulsion system for the F-35 Joint Strike Fighter program until the Secretary of Defense submits to the congressional defense committees a certification in writing that the development and procurement of the alternate propulsion system--

(1) will--

(A) reduce the total life-cycle costs of the F-35 Joint Strike Fighter program; and

(B) improve the operational readiness of the fleet of F-35 Joint Strike Fighter aircraft; and

(2) will not--

(A) disrupt the F-35 Joint Strike Fighter program during the research, development, and procurement phases of the program; or

(B) result in the procurement of fewer F-35 Joint Strike Fighter aircraft during the life cycle of the program.

(b) Additional Amount for UH-1Y/AH-1Z Rotary Wing Aircraft- The amount authorized to be appropriated by section 102(a)(1) for aircraft procurement for the Navy is increased by $282,900,000, with the amount of the increase to be allocated to amounts available for the procurement of UH-1Y/AH-1Z rotary wing aircraft.

(c) Restoration of Management Reserves for F-35 Joint Strike Fighter Program-

(1) NAVY JOINT STRIKE FIGHTER- The amount authorized to be appropriated by section 201(a)(2) for research, development, test, and evaluation for the Navy is hereby increased by $78,000,000, with the amount of the increase to be allocated to amounts available for the Joint Strike Fighter program (PE # 0604800N) for management reserves.

(2) AIR FORCE JOINT STRIKE FIGHTER- The amount authorized to be appropriated by section 201(a)(3) for research, development, test, and evaluation for the Air Force is hereby increased by $78,000,000, with the amount of the increase to be allocated to amounts available for the Joint Strike Fighter program (PE # 0604800F) for management reserves.

(d) Offsets-

(1) NAVY JOINT STRIKE FIGHTER F136 DEVELOPMENT- The amount authorized to be appropriated by section 201(a)(2) for research, development, test, and evaluation for the Navy is hereby decreased by $219,450,000, with the amount of the decrease to be derived from amounts available for the Joint Strike Fighter (PE # 0604800N) for F136 development.

(2) AIR FORCE JOINT STRIKE FIGHTER F136 DEVELOPMENT- The amount authorized to be appropriated by section 201(a)(3) for research, development, test, and evaluation for the Air Force is hereby decreased by $219,450,000, with the amount of the decrease to be derived from amounts available for the Joint Strike Fighter (PE # 0604800F) for F136 development.

SEC. 212.EXTENSION AND ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT CENTER WITH RESPECT TO THE MAJOR RANGE AND TEST FACILITY BASE.

(a) Authority To Review Proposals for Significant Changes-Section 196(c) of title 10, United States Code, is amended--

(1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;

(3) by inserting ‘(1)’ before ‘The Director’;

(4) by redesignating subparagraphs (B), (C), and (D), as so redesignated, as subparagraphs (C), (D), and (E), respectively; and

(5) by inserting after subparagraph (A), as so redesignated, the following new subparagraph (B):

‘(B) To review proposed significant changes to the test and evaluation facilities and resources of the Major Range and Test Facility Base before they are implemented by the Secretaries of the military departments or the heads of the Defense Agencies with test and evaluation responsibilities and advise the Secretary of Defense and the Under Secretary ofGLOBAL RESEARCH WATCH PROGRAM.CommentsClose CommentsPermalink

(a) Limitation on Availability of Certain Funds for Military Departments Pending Provision of Assistance Under Program- Subsection (d) of section 2365 of title 10, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3)(A) Funds available to a military department for a fiscal year for monitoring or analyzing the research activities and capabilities of foreign nations may not be obligated or expended until the Director certifies to the Under Secretary of Defense for Acquisition, Technology, and Logistics 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 Departmentthat the Secretary of such military department has provided the assistance required under paragraph (2).CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Access to Records and Data- Such section is further amended by adding at the end the following new paragraph:

‘(2) The Director shall have access to all records and data of the test and evaluation activities, facilities, and elements of the Major Range and Test Facility Base, including the records and data of each military department and Defense Agency, that the Director considers necessary in order to carry out the Director’s duties under paragraph (1)(B).’.

SEC. 213. GUIDANCE ON SPECIFICATION OF FUNDING REQUESTED FOR OPERATION, SUSTAINMENT, MODERNIZATION, AND PERSONNEL OF MAJOR RANGES AND TEST FACILITIES.

(a) Guidance on Specification of Funding- The Secretary of Defense shall, acting through the Under Secretary of Defense (Comptroller) and the Director of the Department of Defense Test Resource Management Center, issue guidance on the specification by the military departments and Defense Agencies of amounts to be requested in the budget of the President for a fiscal year (as submitted to Congress pursuant tosection 1105(a) of title 31, United States Code) for funding for each facility and resource of the Major Range and Test Facility Base in connection with each of the following:

(1) Operation.

(2) Sustainment.

(3) Investment and modernization.

(4) Government personnel.

(5) Contractor personnel.

(b) Applicability- The guidance issued under subsection (a) shall apply with respect to budgets of the President for fiscal years after fiscal year 2010.

(c) Major Range and Test Facility Base Defined- In this section, the term ‘Major Range and Test Facility Base’ has the meaning given that term insection 196(h) of title 10, United States CodeFour-year Extension of Program- Subsection (f) of such section is amended by striking ‘September 30, 2011’ and inserting ‘September 30, 2015’.CommentsClose CommentsPermalink

SEC. 2142. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANUFACTURING TECHNOLOGY PANEL.CommentsClose CommentsPermalink

Section 2521 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink





(2) by inserting after subsection (d) the following new subsection (e):CommentsClose CommentsPermalink





‘(e) Joint Defense Manufacturing Technology Panel- (1) There is in the Department of Defense the Joint Defense Manufacturing Technology Panel.CommentsClose CommentsPermalink





‘(2)(A) The Chair of the Joint Defense Manufacturing Technology Panel shall be the head of the Panel. The Chair shall be appointed, on a rotating basis, from among the appropriate personnel of the military departments and Defense Agencies with manufacturing technology programs.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) The purposes of the Panel shall be as follows:CommentsClose CommentsPermalink





‘(A) To identify and integrate requirements for the program.CommentsClose CommentsPermalink





‘(B) To conduct joint planning for the program.CommentsClose CommentsPermalink





‘(C) To develop joint strategies for the program.CommentsClose CommentsPermalink





‘(4) In carrying out the purposes specified in paragraph (3), the Panel shall perform the functions as follows:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) Ensure the integration and coordination of requirements and programs under the program with Office of the Secretarythe 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.CommentsClose CommentsPermalink





‘(D) Conduct such other functions as the Under Secretary of Defense for Acquisition, Technology, and Logistics shall specify.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(6) The administrative expenses of the Panel shall be borne by each military department and Defense Agency with manufacturing technology programs in such manner as the Panel shall provide.’.SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH WATCH PROGRAM.

(a) Limitation on Availability of Certain Funds for Military Departments Pending Provision of Assistance Under Program- Subsection (d) ofsection 2365 of title 10, United States Code, is amended by adding at the end the following new paragraph:

‘(3)(A) Funds available to a military department for a fiscal year for monitoring or analyzing the research activities and capabilities of foreign nations may not be obligated or expended until the Director certifies to the Under Secretary of Defense for Acquisition, Technology, and Logistics that the Secretary of such military department has provided the assistance required under paragraph (2).

‘(B) The limitation in subparagraph (A) shall not be construed to alter or effect the availability to a military department of funds for intelligence activities.’.CommentsClose CommentsPermalink

SEC. 217. MODIFICATION OF REPORT REQUIREMENTS 3. ELIMINATION OF REPORT REQUIREMENTS REGARDING DEFENSE SCIENCE AND TECHNOLOGY PROGRAM.CommentsClose CommentsPermalink

Section 212 of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 2501 note) is amended by striking subsection (b), (c), and (d) and inserting the following new subsections:‘(b) Funding Objective- It is the sense of Congress that it should be an objective of the Secretary of Defense to increase the budget for the Defense Science and Technology Program, including the science and technology program of each military department, for each fiscal year after fiscal year 2010 over the budget for that program for the preceding fiscal year by a percent that is at least equal to the rate of inflation, as determined by the Office of Managementrepealed.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Purchase Before End of Contract Period- Nothing in this section and Budget.

‘(c) Actions Following Failure To Comply With Objective- If the proposed budget of the Department of Defense for a fiscal year fails to comply with the objective set forth in subsection (b), the Secretary of Defense shall submit to the congressional defense committees each of the following:

‘(1) Not later than 60 days after the proposed budget is submitted to Congress, a detailed, prioritized list, including estimates of required funding, of proposals for science and technology projects received by the Department through competitive solicitations in the fiscal year preceding the fiscal year covered by the proposed budget which were not funded but represent science and technology opportunities that support the research and development programs and goals of the military departments and the Defense Agencies.

‘(2) Not later than six months after the proposed budget is submitted to Congress, an independent assessment, in both classified and unclassified form (as necessary), of any research, technology, or engineering areas that are of interest to the Department in which the United States may not have global technical leadership within the next 10 years.

‘(d) Sunset- The requirements of this section shall terminate on December 31, 2014.’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.CommentsClose CommentsPermalink

SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF 5. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI-MISSION SUBMERSIBLE PROGRAM.CommentsClose CommentsPermalink

SEC. 219. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF-PROPELLED HOWITZER CAPABILITIES FOR THE ARMY.CommentsClose CommentsPermalink

(a) Programs Required-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall carry out a separate program to achieve each of the following:CommentsClose CommentsPermalink





(A) The development, test, and fielding of an operationally effective, suitable, survivable, and affordable next generation ground combat vehicle for the Army.CommentsClose CommentsPermalink





(B) The development, test, and fielding of an operationally effective, suitable, survivable, and affordable next generation self-propelled howitzer capability for the Army.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Strategy and Plan for Acquisition-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than March 31, 2010, the Secretary shall submit to the congressional defense committees a report setting forth a strategy and plan for the acquisition of weapon systems under the programs required by subsection (a). Each strategy and plan shall include measurable goals and objectives for the acquisition of such weapon systems, and shall identify all proposed major development, testing, procurement, and fielding events toward the achievement of such goals and objectives.CommentsClose CommentsPermalink





(2) ELEMENTS- In developing each strategy and plan under paragraph (1), the Secretary shall consider the following:CommentsClose CommentsPermalink





(A) A single vehicle or family of vehicles utilizing a common chassis and automotive components.CommentsClose CommentsPermalink





(B) The incorporation of weapon, vehicle, communications, network, and system of systems common operating environment technologies developed under the Future Combat Systems program.CommentsClose CommentsPermalink





(c) Annual Reports-CommentsClose CommentsPermalink





(1) REPORTS REQUIRED- The Secretary shall submit to the congressional defense committees, at the same time the President submits to Congress the budget for each of fiscal years 2011 through 2015 (as submitted pursuant to section 1105(a) of title 31, United States Code), a report on the investments proposed to be made under such budget with respect to each program required by subsection (a).CommentsClose CommentsPermalink





(2) ELEMENTS- Each report under paragraph (1) shall set forth, for the fiscal year covered by the budget with which such report is submitted--CommentsClose CommentsPermalink





(A) the manner in which amounts requested in such budget would be available for each program required by subsection (a); andCommentsClose CommentsPermalink





(B) an assessment of the extent to which utilizing such amount in such manner would improve ground combat capabilities for the Army.CommentsClose CommentsPermalink

SEC. 21920. GUIDANCE ON BUDGET JUSTIFICATION MATERIALS DESCRIBING FUNDING REQUESTED FOR OPERATION, SUSTAINMENT, MODERNIZATION, AND PERSONNEL OF MAJOR RANGES AND TEST FACILITIES.CommentsClose CommentsPermalink

SEC. 221. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRATION RISK OF ARMY MODERNIZATION PROGRAMS.CommentsClose CommentsPermalink

(a) Assessment Required- The Director of Defense Research and Engineering shall, in consultation with the Director of Developmental Test and Evaluation, review and assess the technological maturity and integration risk of critical technologies (as jointly identified by the Director and the Secretary of the Army for purposes of this section) of Army modernization programs and appropriate associated programs, including the programs as follows:(1) Manned Ground Vehicle and Ground Combatsystems and programs, including the programs as follows:CommentsClose CommentsPermalink





(1) Ground Combat Vehicle.CommentsClose CommentsPermalink





(2) Future Combat Systems network hardware and software.CommentsClose CommentsPermalink





(3) Warfighter Information Network-Tactical, Increment 3.CommentsClose CommentsPermalink





(4) Appropriate portions of the Joint Tactical Radio System, including Ground Mobile Radios, Handheld, Manpack, Small Form Fit Radios, and Network Enterprise Domain.CommentsClose CommentsPermalink





(5) Reconnaissance unmanned aerial vehiclesNon-Line of Sight Launch System.CommentsClose CommentsPermalink





(6) Future Combat Systems Spin Out technologies.

(7) Any other programs jointly identified by the Director and the Secretary for purposes of this section.

(b) Report- Not later thanSmall Unmanned Ground Vehicle.CommentsClose CommentsPermalink




(7) Class I Unmanned Aerial Vehicle.CommentsClose CommentsPermalink





(8) Class IV Unmanned Aerial Vehicle.CommentsClose CommentsPermalink





(9) Multifunction Utility/Logistics Equipment Vehicle.CommentsClose CommentsPermalink





(10) Tactical Unattended Ground Sensors.CommentsClose CommentsPermalink





(11) Urban Unattended Ground Sensors.CommentsClose CommentsPermalink





(12) Any other programs jointly identified by the Director and the Secretary for purposes of this section.CommentsClose CommentsPermalink





(b) Report- Not later than nine months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the technological maturity and integration risk of critical technologies of Army modernization and associateprograms and associated systems and programs covered by the review and assessment required under subsection (a), as determined pursuant to that assessment.CommentsClose CommentsPermalink

SEC. 2202. ASSESSMENT OF STRATEGY FOR TECHNOLOGY FOR MODERNIZATION OF THE COMBAT VEHICLE ANACTIVITIES FOR TECHNOLOGY MODERNIZATION OF THE COMBAT VEHICLE AND ARMORED TACTICAL WHEELED VEHICLE FLEETS.CommentsClose CommentsPermalink

(a) Independent Assessment of Strategy Required-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an appropriate entity independent of the United States Government to conduct an independent assessment of current, anticipated, and potential research and engineering activities for or applicable to the modernization of the combat , 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.CommentsClose CommentsPermalink





(2) ACCESS TO INFORMATION AND RESOURCES- The Secretary shall provide the entity with which the Secretary contracts under paragraph (1)enters into a contract under paragraph (1) with access to such information and resources as are appropriate to conduct the assessment required by that paragraph.(b) Reportfor the entity to conduct the assessment required by that paragraph.CommentsClose CommentsPermalink





(b) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- The contract required by subsection (a) shall provide that the entity with which the Secretary contracts under that subsection shall submit to the Secretary of Defense and the congressional defense committees a report on the assessment required by that subsection not later than December 31, 2010.(2) ELEMENTS- The reportenters into a contract under that subsection shall submit to the Secretary and the congressional defense committees--CommentsClose CommentsPermalink





(A) an interim report on the assessment required by that subsection by not later than July 31, 2010; andCommentsClose CommentsPermalink





(B) a final report on such assessment by not later than December 31, 2010.CommentsClose CommentsPermalink





(2) ELEMENTS- Each of the reports required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) A detailed discussion of the requirements and capability needs identified or proposed for current and prospective combat vehicles and armored tactical wheeled vehicles.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(D) Recommendations for a plan to develop and deploy within the next 10 years critical technology capabilities to address the capabilitywith 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.CommentsClose CommentsPermalink





(E) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink

Subtitle C--Missile Defense ProgramsCommentsClose CommentsPermalink

SEC. 2431. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.CommentsClose CommentsPermalink

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the United States should develop, test, field, and maintain operationally effective, cost-effective, affordable, reliable, suitable, and survivabl-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;CommentsClose CommentsPermalink





(2) the missile defense force structure and inventory levels of such missile defense systems should be determined based on an assessment of ballistic missile threats and a determination by senior military leaders, combatant commanders, and defense officials of the requirements and capabilities needed to address those threats; andCommentsClose CommentsPermalink





(3) the test and evaluation program for such missile defense systems should be rigorous, robust, operationally realistic, and capable of providing 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).CommentsClose CommentsPermalink

SEC. 242. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE BALLISTIC MISSILE DEFENSE SYSTEM.

(a) Plan Required-

(1) IN GENERAL- The Secretary of Defense shall establish a comprehensive plan for the developmental and operational testing and evaluation of the Ballistic Missile Defense System and its various elements.

(2) PERIOD OF PLAN- The plan shall cover the period covered by the future-years defense program that is submitted to Congress undersection 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.

(3) INPUT- In establishing the plan, the Secretary shall receive input on matters covered by the plan from the following:

(A) The Director of the Missile Defense Agency.

(B) The Director of Operational Test and Evaluation.

(C) The operational test components of the military departments.

(b) Elements- The plan required by subsection (a) shall include, with regard to developmental and operational testing of the Ballistic Missile Defense System, the following:

(1) Test and evaluation objectives.

(2) Test and evaluation criteria and metrics.

(3) Test and evaluation procedures and methodology.

(4) Data requirements.

(5) System and element configuration under test.

(6) Approaches to verification, validation, and accreditation of models and simulations.

(7) The relative role of models and simulations, ground tests, and flight tests in achieving the objectives of the plan.

(8) Test infrastructure and resources, including test range limitations and potential range enhancements.

(9) Test readiness review approaches and methodology.

(10) Testing for system and element integration and interoperability.

(11) Means for achieving operational realism and means of demonstrating operational effectiveness, suitability and survivability.

(12) Detailed descriptions of planned tests.

(13) A description of the resources required to implement the plan.

(c) Report-

(1) IN GENERAL- Not later than March 1, 2011, the Secretary shall submit to the congressional defense committees a report setting forth and describing the plan required by subsection (a) and each of the elements required in the plan under subsection (b).

(2) ADDITIONAL INFORMATION ON GROUND-BASED MIDCOURSE DEFENSE- The report required by this subsection shall, in addition to the matters specified in paragraph (1), include a detailed description of the test and evaluation activities pertaining to the Ground-based Midcourse Defense (GMD) element of the Ballistic Missile Defense System as follows:

(A) Plans for salvo testing.

(B) Plans for multiple simultaneous engagement testing.

(C) Plans for intercept testing using the Cobra Dane radar as the engagement sensor.

(D) Plans to test and demonstrate the ability of the system to accomplish its mission over the planned term of its operational service life (also known as ‘sustainment testing’).

(3) FORM- The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.

SEC. 24332. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE DEFENSE SYSTEM.CommentsClose CommentsPermalink

(a) Sense of Congress- It is the sense of Congress that--

(1) the Ground-based Midcourse Defense (GMD) element of the Ballistic Missile Defense System should be an operationally effective, cost-effective, affordable, reliable, suitable, and survivable system capable of defending the United States from the threat of long-range missile attacks from nations such as North Korea and Iran, and adequate resources should be available to create and maintain such a capability (including continuing effectiveness over the course of its service life);

(2) the force structure and inventory levels of the Ground-based Midcourse Defense element should be determined based on an assessment of ballistic missile threats from nations such as North Korea and Iran and a determination by senior military leaders, combatant commanders, and defense officials of the requirements and capabilities needed to address those threats; and

(3) the test and evaluation program for the Secretary of Defense should ensure the reliability, availability, maintainability, and supportability of the Ground-based Midcourse Defense element should be rigorous, robust, operationally realistic, and capable of providing a high degree of confidence in the capability of the system (including testing to demonstrate the continuing effectiveness of the system over the course of its service life), and adequate resources should be available for that test and evaluation program (including interceptor missiles and targets for flight tests).

(b) Assessment Required-

(1) IN GENERAL- As part of the Quadrennial Defense Reviewof the Ballistic Missile Defense system throughout the service life of such element.CommentsClose CommentsPermalink




(b) Assessment Required-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) Ground-based Midcourse Defense element of the Ballistic Missile Defense Ssystem.CommentsClose CommentsPermalink





(B) Future options for the Ground-based Midcourse Defense element.CommentsClose CommentsPermalink





(2) ELEMENTS- The assessment required by paragraph (1) shall include an assessment of the following:CommentsClose CommentsPermalink





(A) The ballistic missile threat against which the Ground-based Midcourse Defense element is intended to defend.CommentsClose CommentsPermalink





(B) The military requirements for Ground-based Midcourse Defense capabilities against such missile threat.CommentsClose CommentsPermalink





(C) The current capabilities of the Ground-based Midcourse Defense element as of the date of the assessment.CommentsClose CommentsPermalink





(D) The planned capabilities of the Ground-based Midcourse Defense element, if different from the capabilities under subparagraph (BC).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(F) The infrastructure necessary to achieve such capabilities, including the number and location of operational silos.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) REPORT- At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink





(c) Plan Required-CommentsClose CommentsPermalink





(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 Ssystem. The plan shall cover the period of the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.CommentsClose CommentsPermalink





(2) ELEMENTS- The plan required by paragraph (1) shall include the following elements:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) The plan for funding the development, production, deployment, testing, improvement, and sustainment of the Ground-based Midcourse Defense element.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) REPORT- At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the plan required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Comptroller General Review- The Comptroller General of the United States shall--CommentsClose CommentsPermalink





(1) review the assessment required by subsection (b) and the plan required by subsection (c); andCommentsClose CommentsPermalink





(2) not later than 120 days after receiving the assessment and the plan, provide to the congressional defense committees the results of the review.CommentsClose CommentsPermalink

SEC. 244. REPORT ON POTENTIAL MISSILE DEFENSE COOPERATION WITH RUSSIA.

(a) Report Required-

(1) IN GENERAL- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth potential options for cooperation among or between the United States, the North Atlantic Treaty Organization (NATO), and the Russian Federation on ballistic missile defense.

(2) FORM- The report shall be submitted in unclassified form, but may include a classified annex.

(b) Elements- The report required by subsection (a) shall include the following:

(1) A description of proposals made by the United States, the North Atlantic Treaty Organization, or the Russian Federation since January 1, 2007, for potential missile defense cooperation among or between such countries and that organization, including data sharing, cooperative regional missile defense architectures, joint exercises, and transparency and confidence building measures.

(2) A description of options for the sharing by such countries and that organization of ballistic missile surveillance or early warning data, including data from the Russian early warning radars at Gabala in Azerbaijan, and Armavir in southern Russia or other radars, such as the United States radar proposed for deployment in the Czech Republic.

(3) An assessment of the potential for implementation of the agreement between the United States and the Russian Federation on the establishment of a Joint Data Exchange Center.

(4) An assessment of the potential for missile defense cooperation between the Russian Federation and the North Atlantic Treaty Organization, including through the NATO-Russia Council.

(5) An assessment of the potential security benefits to the United States, Russia, and the North Atlantic Treaty Organization of the cooperation described in paragraph (4).

(6) Such other matters as the Secretary considers appropriate.

SEC. 24533. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR MISSILE AND OPERATION OF MISSILE FIELD 1 AT FORT GREELY, ALASKA.CommentsClose CommentsPermalink

(a) Limitation on Break in Production- The Secretary of Defense shall ensure that the Director of the Missile Defense Agency does not allow a break in production of the Ground-based Interceptor missile until the Department of DefenseSecretary has--CommentsClose CommentsPermalink





(1) completed the Ballistic Missile Defense Review;CommentsClose CommentsPermalink





and(2) made a determination with respect to the number of Ground-based Interceptor missiles that will be necessary to support the service life of the Ground-based Midcourse Defense element of the Ballistic Missile Defense System.(b) Limitation on Certain; andCommentsClose CommentsPermalink





(3) submitted to the congressional defense committees a report containing such determination.CommentsClose CommentsPermalink





(b) Limitation on Certain Actions With Respect to Missile Field 1 and Missile Field 2 at Fort Greely, Alaska-CommentsClose CommentsPermalink





(1) LIMITATION ON DECOMMISSIONING OF MISSILE FIELD 1- The Secretary of Defense shall ensure that Missile Field 1 at Fort Greely, Alaska, does not complete decommissioning until seven silos have been emplaced atis not completely decommissioned until six silos are operationally available in Missile Field 2 at Fort Greely.CommentsClose CommentsPermalink





(2) LIMITATION WITH RESPECT TO DISPOSITION OF SILOS AT MISSILE FIELD 2- The Secretary of Defense shall ensure that no irreversible decision is made with respect to the disposition of operationalnumber of silos at Missile Field 2 at Fort Greely, Alaska, until thate date that is 60 days after the date on which the reports required by subsections (b)(3) and (c)(3) of section 24332 are submitted to the congressional defense committees.CommentsClose CommentsPermalink

SEC. 246. SENSE OF SENATE ON AND RESERVATION OF FUNDS FOR DEVELOPMENT AND DEPLOYMENT OF MISSILE DEFENSE SYSTEM34. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OR DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.CommentsClose CommentsPermalink

(a) Findings- The Senate makes the following findings:

(1) In the North Atlantic Treaty Organization (NATO) Bucharest Summit Declaration of April 3, 2008, the Heads of State and Government participating in the meeting of the North Atlantic Council declared that ‘[b]allistic missile proliferation poses an increasing threat to Allies’ forces, territory and populations. Missile defence forms part of a broader response to counter this threat. We therefore recognize the substantial contribution to the protection of Allies from long-range ballistic missiles to be provided by the planned deployment of European-based United States missile defence assets’.

(2) The Bucharest Summit Declaration also stated that ‘[b]earing in mind the principle of the indivisibility of Allied security as well as NATO solidarity, we task the Council in Permanent Session to develop options for a comprehensive missile defence architecture to extend coverage to all Allied territory and populations not otherwise covered by the United States system for review at our 2009 Summit, to inform any future political decision’.

(3) In the Bucharest Summit Declaration, the North Atlantic Council also reaffirmed to Russia that ‘current, as well as any future, NATO Missile Defence efforts are intended to better address the security challenges we all face, and reiterate that, far from posing a threat to our relationship, they offer opportunities to deepen levels of cooperation and stability’.

(4) In the Strasbourg/Kehl Summit Declaration of April 4, 2009, the heads of state and government participating in the meeting of the North Atlantic Council reaffirmed ‘the conclusions of the Bucharest Summit about missile defense,’ and declared that ‘we judge that missile threats should be addressed in a prioritized manner that includes consideration of the level of imminence of the threat and the level of acceptable risk’.

(5) Iran is rapidly developing its ballistic missile capabilities, including its inventory of short-range and medium-range ballistic missiles that can strike portions of Eastern and Southern North Atlantic Treaty Organization European territory, as well as the pursuit of long-range ballistic missiles that could reach Europe or the United States.

(6) On July 8, 2008, the Government of the United States and the Government of the Czech Republic signed an agreement to base a radar facility in the Czech Republic that is part of a proposed missile defense system to protect Europe and the United States against a potential future Iranian long-range ballistic missile threat.

(7) On August 20, 2008, the United States and the Republic of Poland signed an agreement concerning the deployment of ground-based ballistic missile defense interceptors in the territory of the Republic of Poland.

(8) Section 233 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4393; 10 U.S.C. 2431 note) establishes conditions for the availability of funds for procurement, construction, and deployment of the plannedNo 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, including that the host nations must ratify any missile defense agreements with the United States and that the Secretary of Defense must certify that the system has demonstrated the ability to accomplish the mission.

(9) On April 5, 2009, President Barack Obama, speaking in Prague, Czech Republic, stated, ‘As long as the threat from Iran persists, we will go forward with a missile defense system that is cost-effective and proven. If the Iranian threat is eliminated, we will have a stronger basis for security, and the driving force for missile defense construction in Europe will be removed.’.

(10) On June 16, 2009, Deputy Secretary of Defense William Lynn testified before the Committee on Armed Services of the Senate that the United States Government is reviewing its options for developing and deploying 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 effective, cost-effective missile defense capabilities to Europe against potential future Iranian missile threats, in addition to the proposed deployment of a missile defense system in Poland and the Czech Republic.

(11) On July 9, 2009, General James Cartwright, the Vice Chairman of the Joint Chiefs of Staff, testified before the Committee on Armed Services of the Senate that the Department of Defense was considering some 40 different missile defense architecture options for Europe that could provide a ‘regional defense capability to protect the nations’ of Europe, and a ‘redundant capability that would assist in protecting the United States,’ and that the Department was considering ‘what kind of an architecture best suits the defense of the region, the defense of the homeland, and the regional stability’.

(b) Sense of Senate- It is the sense of the Senate that--

(1) the United States Government should continue developing and planning for the proposed deployment of elements of a Ground-based Midcourse Defense (GMD) system, including a midcourse radar in the Czech Republic and Ground-Based Interceptors in Poland, consistent with section 233 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009;

(2) in conjunction with the continued development of the planned Ground-based Midcourse Defense system, the United States should work with its North Atlantic Treaty Organization allies to explore a range of options and architectures to provide missile defenses for Europe and the United States against current and future Iranian ballistic missile capabilities;

(3) any alternative system that the United States Government considers deploying in Europe to provide for the defense of Europe and a redundant defense of the United States against future long-range Iranian missile threats should be at least as capable and cost-effective as the proposed European deployment of the Ground-based Midcourse Defense system; and

(4) any missile defense capabilities deployed in Europe should, to the extent practical, be interoperable with United States and North Atlantic Treaty Organization missile defense systems.

(c) Reservation of Funds forrealistic 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.CommentsClose CommentsPermalink

(a) Authorization of Funds for Alternative European Missile Defense Systems- (1) IN GENERAL- Of the funds authorized to be appropriated or otherwise made available for fiscal years 2009 and 2010 for the Missile Defense Agency for the purpose of developing missile defenses in Europe, $353,100,000 shall be available only for the purposes described in paragraph (2).

(2) USE OF FUNDS- The purposes described in this paragraph are the following:

(A) Research, development, test, and evaluation of--

(i) the proposed midcourse radar element of the Ground-based Midcourse Defense system in the Czech Republic; and

(ii) the proposed long-range missile defense interceptor site element of such defense system in Poland.

(B) R09,000,000 shall be available for research, development, test, and evaluation, procurement, construction, or deployment of other missile defense 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--CommentsClose CommentsPermalink




(i1) consistent with the direction from the North Atlantic Council to address ballistic missile threats to Europe and the United States in a prioritized manner that includes consideration of the imminence of the threat and the level of acceptable risk;CommentsClose CommentsPermalink





(ii) operationally 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; andCommentsClose CommentsPermalink





(iii) 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.CommentsClose CommentsPermalink





(d) Construction- Nb) Construction- Except as provided in subsection (a), nothing in this section shall be construed as limiting or preventing the DepartmentSecretary of Defense from pursuing the development or deployment of operationally -effective and cost-effective ballistic missile defense systems in Europe.CommentsClose CommentsPermalink





(c) Independent Assessment-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct an independent assessment evaluating the operational-effectiveness and cost-effectiveness of the alternative missile defense architecture announced by the President on September 17, 2009.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 24737. STUDY ON DISCRIMINATION CAPABILITIES OF BALLISTIC MISSILE DEFENSE SYSTEM.CommentsClose CommentsPermalink

SEC. 239. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE MISSILE DEFENSE.CommentsClose CommentsPermalink

Section 232(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4392) is amended by striking ‘October 31, 2010’ and inserting ‘March 1, 2011’.CommentsClose CommentsPermalink

Subtitle D--Other MattersSEC. 25ReportsCommentsClose CommentsPermalink

SEC. 241. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.CommentsClose CommentsPermalink

Section 270 of the National Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note) is repealed.CommentsClose CommentsPermalink

SEC. 2542. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.CommentsClose CommentsPermalink

Section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is amended by striking subsection (e) and inserting the following new subsection (e):CommentsClose CommentsPermalink





‘(e) Reports- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the National Science and Technology Council information on the program that covers the information described in paragraphs (1) through (5) of section 2(d) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(d)) to be included in the annual report submitted by the Council under that section.’.CommentsClose CommentsPermalink

SEC. 25343. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION OF ENERGY STORAGE DEVICE REQUIREMENTS, PURCHASES, AND INVESTMENTS.CommentsClose CommentsPermalink

SEC. 248. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE SYSTEMS.CommentsClose CommentsPermalink

(a) In General- Not later than March 31, 2010, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall conduct a comparative evaluation of extended range modular sniper rifle systems, including .300 Winchester Magnum, .338 Lapua Magnum, and other calibers. The evaluation shall identify and demonstrate an integrated suite of technologies capable ofwith capabilities that include--CommentsClose CommentsPermalink





(1) extending the effective range of snipers;CommentsClose CommentsPermalink





(2) meeting service or unit requirements or operational need statements; orCommentsClose CommentsPermalink





(3) closing documented capability gaps.CommentsClose CommentsPermalink





(b) Funding- The Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall conduct the evaluation required by subsection (a) using amounts appropriated for fiscal year 2009 for extended range modular sniper rifle system research (PE # 0604802A) that are unobligated.(c) Report- Not later than April 30, 2010, the Assistant Secretary of the Army forReport- 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--CommentsClose CommentsPermalink





(1) detailed ballistics and system performance data; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink

Subtitle A--Authorization of Appropriations

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 301. OPERATION AND MAINTENANCE FUNDING.CommentsClose CommentsPermalink

(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:CommentsClose CommentsPermalink





(1) For the Army, $30,932,881,263,332,000.CommentsClose CommentsPermalink





(2) For the Navy, $35,890,046041,274,000.CommentsClose CommentsPermalink





(3) For the Marine Corps, $5,5473,223,000.CommentsClose CommentsPermalink





(4) For the Air Force, $34,053,55527,149,000.CommentsClose CommentsPermalink





(5) For Defense-wide activities, $27,645,997,000.

(6) For the Army Reserve, $2,623,796,000.

(7) For the Navy Reserve,8,327,396,000.CommentsClose CommentsPermalink




(6) For the Army Reserve, $2,620,196,000.CommentsClose CommentsPermalink





(7) For the Naval Reserve, $1,278,501,000.CommentsClose CommentsPermalink





(8) For the Marine Corps Reserve, $228,925,000.CommentsClose CommentsPermalink





(9) For the Air Force Reserve, $3,079,228,000.CommentsClose CommentsPermalink





(10) For the Army National Guard, $6,260,632,184,000.CommentsClose CommentsPermalink





(11) For the Air National Guard, $5,888,45,761,000.CommentsClose CommentsPermalink





(12) For the United States Court of Appeals for the Armed Forces, $13,932,000.CommentsClose CommentsPermalink





(13) For the Acquisition Development Workforce Fund, $100,000,000.CommentsClose CommentsPermalink





(14) For Environmental Restoration, Army, $415,864,000.CommentsClose CommentsPermalink





(15) For Environmental Restoration, Navy, $285,869,000.CommentsClose CommentsPermalink





(16) For Environmental Restoration, Air Force, $494,276,000.CommentsClose CommentsPermalink





(17) For Environmental Restoration, Defense-wide, $11,1000,000.CommentsClose CommentsPermalink





(18) For Environmental Restoration, Formerly Used Defense Sites, $267,700,000.CommentsClose CommentsPermalink





(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $109,869,000.CommentsClose CommentsPermalink





(20) For Cooperative Threat Reduction programs, $424,093,000.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Subtitle B--Environmental ProvisionsCommentsClose CommentsPermalink

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

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

(a) Authority to Reimburse-CommentsClose CommentsPermalink





(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $68,623 during fiscal year 2010 to the Former Nansemond Ordnance Depot Site Special Account, within the Hazardous Substance Superfund.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(a)(18) for operation 18) of this Act for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.CommentsClose CommentsPermalink





(c) Use of Funds- The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Aagency at the Former Nansemond Ordnance Depot Site.CommentsClose CommentsPermalink

Subtitle C--Workplace and Depot IssuesCommentsClose CommentsPermalink

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

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

(a) Clarification of Authority to Enter Into Cooperative Agreements- The second sentence of section 4544(a) of title 10, United States Code, as added by section 328(a)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 66), is amended by inserting after ‘not more than eight contracts or cooperative agreements’ the following: ‘in addition to the contracts and cooperative agreements in place as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181)’.CommentsClose CommentsPermalink





(b) Additional Elements Required for Analysis of Use of Authority- Section 328(b)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 67) is amended--CommentsClose CommentsPermalink





(1) by striking ‘a report assessing the advisability’ and inserting the following: ‘a report--CommentsClose CommentsPermalink





‘(A) assessing the advisability’; andCommentsClose CommentsPermalink





(2) by striking ‘pursuant to such authority.’ and inserting the following: ‘pursuant to such authority;CommentsClose CommentsPermalink





‘(B) assessing the benefit to the Federal Government of using such authority;CommentsClose CommentsPermalink





‘(C) assessing the impact of the use of such authority on the availability of facilities needed by the Army and on the private sector; andCommentsClose CommentsPermalink





‘(D) describing the steps taken to comply with the requirements under section 4544(g) of title 10, United States Code.’.CommentsClose CommentsPermalink

SEC. 3225. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.CommentsClose CommentsPermalink

SEC. 328. IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES.CommentsClose CommentsPermalink

(a) Inventory Management Practices Improvement Plan Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for improving the inventory management systems of the military departments and the Defense Logistics Agency with the objective of reducing the acquisition and storage of secondary inventory that is excess to requirements.CommentsClose CommentsPermalink





(b) Elements- The plan under subsection (a) shall include the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) A plan to accelerate the efforts of the Department of Defense to achieve total asset visibility, including efforts to link wholesale and retail inventory levels through multi-echelon modeling.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) A plan for an independent review of methods used by the military departments and the Defense Logistics Agency to establish contingency retention requirements.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) A plan for a comprehensive assessment of inventory items on hand that have no recurring demands, including the development of--CommentsClose CommentsPermalink





(A) metrics to track years of no demand for items in stock; andCommentsClose CommentsPermalink





(B) procedures for ensuring the systemic review of such items for potential reutilization or disposal.CommentsClose CommentsPermalink





(8) A plan to more aggressively pursue disposal reviews and actions on stocks identified for potential reutilization or disposal.CommentsClose CommentsPermalink





(c) GAO Reports-CommentsClose CommentsPermalink





(1) ASSESSMENT OF PLAN- Not later than 60 days after the date on which the plan required by subsection (a) is submitted as specified in that subsection, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the planshall 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Inventory That Is Excess to Requirements Defined- In this section, the term ‘inventory that is excess to requirements’ means inventory that--CommentsClose CommentsPermalink





(1) is excess to the approved acquisition objective concerned; andCommentsClose CommentsPermalink





(2) is not needed for the purposes of economic retention or contingency retention.CommentsClose CommentsPermalink

SEC. 323. TEMPORARY SUSPENSION OF AUTHORITY FOR PUBLIC-PRIVATE COMPETITIONS.

(a) Temporary Suspension- During the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary of Defense submits to the congressional defense committees the certification described in subsection (b), no study or public-private competition regarding the conversion to contractor performance of any function of the Department of Defense performed by civilian employees may be begun or announced pursuant tosection 2461 of title 10, United States Code, Office of Management and Budget Circular A-76, or any other authority.

(b) Certification- The certification described in this subsection is a certification that--

(1) the Secretary of Defense has completed and submitted to Congress a complete inventory of contracts for services for or on behalf of the Department of Defense in compliance with the requirements of subsection (c) ofsection 2330a of title 10, United States Code; and

(2) the Secretary of each military department and the head of each Defense Agency responsible for activities in the inventory is in compliance with the review and planning requirements of subsection (e) of such section.

SEC. 323A. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION OF ANY DEPARTMENT OF DEFENSE FUNCTION PERFORMED BY CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE.

(a) Requirement-Section 2461(a)(1) of title 10, United States Code, is amended--

(1) by striking ‘A function’ and inserting ‘No function’;

(2) by striking ‘10 or more’; and

(3) by striking ‘may not be converted’ and inserting ‘may be converted’.

(b) Effective Date- The amendments made by subsection (a) shall apply with respect to a function for which a public-private competition is commenced on or after the date of the enactment of this Act.

SEC. 323B. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE COMPETITIONS.

(a) Time Limitation-Section 2461(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

‘(5)(A) The duration of a public-private competition conducted pursuant to Office of Management and Budget Circular A-76 or any other provision of law for any function of the Department of Defense performed by Department of Defense civilian employees may not exceed the period of specified in paragraph (B), commencing on the date on which funds are obligated for contractor support of the preliminary planning for the public-private competition begins through the date on which a performance decision is rendered with respect to the function.

‘(B) The period referred to in paragraph (A) is 30 months with respect to a single formation activity and 36 months with respect to a multi-formation activity.

‘(C) The time period specified in subparagraph (A) for a public-private competition does not include any day during which the public-private competition is delayed by reason of a protest before the Government Accountability Office or the United States Court of Federal Claims.

‘(D) In this paragraph, the term ‘preliminary planning’ with respect to a public-private competition means any action taken to carry out any of the following activities:

‘(i) Determining the scope of the competition.

‘(ii) Conducting research to determine the appropriate grouping of functions for the competition.

‘(iii) Assessing the availability of workload data, quantifiable outputs of functions, and agency or industry performance standards applicable to the competition.

‘(iv) Determining the baseline cost of any function for which the competition is conducted.’.

(b) Effective Date- Paragraph (5) ofsection 2461(a) of title 10, United States Code, as added by subsection (a), shall apply with respect to a public-private competition covered by such section that is being conducted on or after the date of the enactment of this Act.

SEC. 323C. TERMINATION OF CERTAIN PUBLIC-PRIVATE COMPETITIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.

Any Department of Defense public-private competition that exceeds the time limits established in section 2461(a) shall be reviewed by the Secretary of Defense and considered for termination. If the Secretary of Defense does not terminate the competition, he shall report to Congress on the reasons for his decision.

SEC. 324. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 69), is amended--

(1) in subsection (a), by striking ‘2010’ and inserting ‘2011’; and

(2) in subsection (g)(1), by striking ‘2010’ and inserting ‘2011’.

SEC. 3259. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS OF ANNUAL REPORT ON FUNDING FOR PUBLIC AND PRIVATE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.CommentsClose CommentsPermalink

Section 2466(d)(1) of title 10, United States Code, is amended by striking ‘April 1 of each year’ and inserting ‘90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31’.CommentsClose CommentsPermalink

Subtitle D--Energy ProvisionsSEC. 331. ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLATIONS.

(a) Plan for Energy Security Required-

(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for identifying and addressing areas in which the electricity needed to carry out critical military missions on Department of Defense installations is vulnerable to disruption.

(2) ELEMENTS- The plan developed under paragraph (1) shall include, at a minimum, the following:

(A) An identification of the areas of vulnerability as described in paragraph (1), and an identification of priorities in addressing such areas of vulnerability.

(B) A schedule for the actions to be taken by the Department to address such areas of vulnerability.

(C) A strategy for working with other public or private sector entities to address such areas of vulnerability that are beyond the control of the Department.

(b) Work With Non-Department of Defense Entities-

(1) IN GENERAL- The Secretary of Defense shall work with other Federal entities, and with State and local government entities, to develop any regulations or other mechanisms needed to require or encourage actions to address areas of vulnerability identified pursuant to the plan developed under subsection (a) that are beyond the control of the Department of Defense.

(2) CONTRACT AUTHORITY- Where necessary to achieve the purposes of this section, the Secretary may enter into a contract, grant, or other agreement with one or more appropriate public or private sector entities under which such entity or entities agree to carry out actions required to address areasSecurityCommentsClose CommentsPermalink

Of the amounts authorized to be appropriated for Operation and Maintenance, Defense-wide, $5,000,000 is for the Director of vulnerability identified pursuant to the plan developed under subsection (a) that are beyond the control of the Department. Any such contract, grant, or agreement may provide for the full or partial reimbursement of the entity concerned by the Department for actions taken by the entity under such contract, grant, or agreementOperational Energy Plans and Programs to carry out the duties prescribed for the Director under section 139b of title 10, United States Code, to be made available upon the confirmation of an individual to serve as the Director of Operational Energy Plans and Programs.CommentsClose CommentsPermalink

SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS REGARDING DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAMS.CommentsClose CommentsPermalink

(a) New Reporting Requirements- Section 317(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1054) is amended to read as follows:

‘(e) Reporting Requirements-

‘(1) IN GENERAL- Not later one year after the date of the enactment of this Act, and each January 1 thereafter through 2020, the Secretary shall submit to the congressional defense a report regarding progress made toward achieving the energy efficiency goals of the Department of Defense, consistent with the provisions of section 303 of Executive Order 13123 (64 Fed. Reg. 30851;42 U.S.C. 8521 note) and section 11(b) of Executive Order 13423 (72 Fed. Reg. 3919; 2925(a) of title 10, United States Code, is amended--CommentsClose CommentsPermalink




(1) in paragraph (1), by inserting after ‘(Public Law 109-58),’ the following: ‘section 2911(e) of this title, section 533 of the National Energy Conservation Policy Act ( 42 U.S.C. 4321 note).

‘(2) REPORTS SUBMITTED AFTER JANUARY 1, 2009- Each report required under paragraph (1) that is submitted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 shall include the following:

‘(A8259b ),’; CommentsClose CommentsPermalink




(2) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively;CommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following new paragraphs (2) and (3):CommentsClose CommentsPermalink





‘(2) A table detailing funding, by account, for all energy projects and investments.

‘(B) A description of the funding and steps taken to achieve the renewable energy goals in the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.) and Executive Order 13423 by fiscal year 2015, and section 2911(e) of title 10, United States Code, by fiscal year 2025.

‘(C) A description of steps taken to ensure that facility and installation management goals are consistent with current legislative and other requirements, including applicable requirements under the Energy Independence and Security Act of 2007 (Public Law 110-140).

‘(Dfunded through appropriations.CommentsClose CommentsPermalink





‘(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.’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(E) A description of steps taken to comply with requirements of the Energy Independence and Security Act of 2007, including new design and construction requirements for buildings.

‘(F) A description of steps taken to comply with section 533 of the National Energy Conservation Policy Act (42 U.S.C. 8259b), regarding the supply by the General Services Administration and the Defense Logistics Agency of Energy Star and Federal Energy Management Program (FEMP) designated products to its Department of Defense customers.

‘(G) A description of steps taken to encourage the use of Energy Star and FEMP designated products at military installations in government or contract maintenance activities.

‘(H) A description of steps taken to comply with standards for projects built using appropriated funds and established by the Energy Independence and Security Act of 2007 for privatized construction projects, whether residential, administrative, or industrial.

‘(I10) A description of any other issues and strategies the Secretary determines relevant to a comprehensive and renewable energy policy.’.CommentsClose CommentsPermalink





(b) Additional Material Required for First Expanded Report- The first report submitted by the Secretary of Defense under section 317(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1054), as amended by subsection (a), after the date of the enactment of this Act shall include, in addition to the matters required under such section2925(a) of title 10, United States Code, as amended by subsection (a), after the date of the enactment of this Act shall include, in addition to the matters required under such section, as so amended, the following:CommentsClose CommentsPermalink





(1) A determination of whether the existing tools, such as the Energytools that exist as of the date of the enactment of this Act, including the Energy Conservation Investment Program (ECIP) and the Energy Savings Performance Contracts (ESPC) pProgram, are sufficient to support renewable energy projects to achieve the Department’s installation energy goals, or if new funding mechanisms would be beneficial.CommentsClose CommentsPermalink





(2) An appropriate goal or goals for the use of alternative fuels for ground vehicles, aircraft, sea vessels, and applicable weapons systems, taking into consideration a broad range of factors, including cost, availability, technological feasibility, energy independence and security, and environmental impact.(3) A determination of the cost and feasibility of a policy that would require new power generation projects established on installations to be able to switch to provide power for military operations in the event of a commercial grid outage.CommentsClose CommentsPermalink





(43) 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.CommentsClose CommentsPermalink





(54) A determination of the cost and feasibility of developing or acquiring equipment or systems that would result in the completemaximized use of renewable energy sources at contingency locations.CommentsClose CommentsPermalink





(6) A determination of the cost and5) An assessment of the feasibility of implementing the recommendations of the 2008 Defense Science Board Report entitled, ‘More Fight - Less Fuel’meeting the Department’s renewable energy goals with on-base renewable energy production rather than with renewable energy credits.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 333. ALTERNATIVE AVIATION FUEL INITIATIVE.

(a) Findings- Congress makes the following findings:

(1) Dependence on foreign sources of oil is detrimental to the national security of the United States due to possible disruptions in supply.

(2) The Department of Defense is the largest single consumer of fuel in the United States.

(3) The United States Air Force is the largest consumer of fuel in the Department of Defense.

(4) The dramatically fluctuating price of fuel can have a significant budgetary impact on the Department of Defense.

(5) The United States Air Force uses about 2,600,000,000 gallons of jet fuel a year, or 10 percent of the entire domestic market in aviation fuel.

(6) The Air Force’s Alternative Aviation Fuel Initiative includes certification and testing of bothREPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT AT FORWARD-DEPLOYED LOCATIONS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





(1) An assessment of the use of renewable fuels, including domestically produced algae-based, biodiesel, and biomass-derived (‘biofuel’) and synthetic fuel blends produced via the Fischer-Tropsch (FT) process. By not later than December 31, 2016, the Air Force will be prepared to cost competitively acquire 50 percent of the Air Force’s domestic aviation fuel requirement via an alternative fuel blend in which the alternative component is derived from domestic sources produced in a manner that is greener than fuels produced from conventional petroleum.

(7) The Air Force Energy Program will provide options to reduce the use of foreign oil, by focusing on expanding alternative energy options that provide favorable environmental attributes as compared to currently-available options.

(b) Continuation of Initiatives-

(1) IN GENERAL- The Secretary of the Air Force shall continue the alternative aviation fuel initiatives of the Air Force with a goal of--

(A) certifying its aircraft, applicable vehicles and support equipment, and associated storage and distribution infrastructure for unrestricted operational use of a synthetic fuel blend by early 2011;

(B) being prepared to acquire 50 percent of its domestic aviation fuel requirement from alternative or synthetic fuels (including blends of alternative or synthetic fuels with conventional fuels) by not later than December 31, 2016, provided that--

(i) the lifecycle greenhouse gas emissions associated with the production and combustion of such fuel shall be equal to or lower than such emissions from conventional fuels that are used in the same application, as determined in accordance with guidance by the Department of Energy and the Environmental Protection Agency; and

(ii) prices for such fuels are cost competitive withfuels, as alternative fuels in aviation, maritime, and ground transportation fleets (including tactical vehicles and applications). Such assessment shall include technical, logistical, and policy considerations.CommentsClose CommentsPermalink




(2) An assessment of whether it would be beneficial to establish a renewable fuel commodity class that is distinct from petroleum-based alternatives that are used for the same functions;

(C) taking actions in collaboration with the commercial aviation industry and equipment manufacturers to spur the development of a domestic alternative aviation fuel industry; and

(D) taking actions in collaboration with other Federal agencies, the commercial sector, and academia to solicit for and test the next generation of environmentally-friendly alternative aviation fuelsproducts.CommentsClose CommentsPermalink

(a) Plan for Energy Security Required-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for identifying and addressing areas in which the electricity needed to carry out critical military missions on Department of Defense installations is vulnerable to disruption.CommentsClose CommentsPermalink





(2) ADJUSTMENT OF GOAL- The Secretary of the Air Force may adjust the goal of acquiring 50 percent of Air Force domestic fuel requirements from alternative or synthetic fuels by not later than December 31, 2016, if the Secretary determines in writing that it would not be practicable, or in the best interests of the Air Force, to do so and informs the congressional defense committees within 30 days of the basis for such determination.

(3) ANNUAL REPORT- Not later than 180 days after the date of the enactment of this Act and annually thereafter in each of fiscal years 2011 through 2016, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to Congress a report on the progress of the alternative aviation fuel initiative program, including--

(A) the status of aircraft fleet certification, until complete;

(B) the quantities of alternativELEMENTS- The plan developed under paragraph (1) shall include, at a minimum, the following:CommentsClose CommentsPermalink




(A) An identification of the areas of vulnerability as described in paragraph (1), and an identification of priorities in addressing such areas of vulnerability.CommentsClose CommentsPermalink





(B) A schedule for the actions to be taken by the Department to address such areas of vulnerability.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(D) An estimate of and consideration for the costs to the Department associated with implementation of the strategy.CommentsClose CommentsPermalink





(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 synthetic fuels (including blends of alternative or synthetic fuels with conventional fuels) purchased for use by the Air Force in the fiscal year ending in such year;

(C) progress made against published goals for such fiscal year;

(D) the status of recovery plans to achieve any goals set for previous years that were not achieved; and

(E) the establishment or adjustment of goals and objectives for the current fiscal year or for future years.

(c) Annual Report for Army and Navy- Not later than 180 days after the date of the enactment of this Actencourage 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.CommentsClose CommentsPermalink

Section 358 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink





‘(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 in each of fiscal years 2011 through 2016, the Secretary of the Army and the Secretary of the Navy shall each submit to Congress a report on goals and progress to research, test, and certify the use of alternative fuels in their respective aircraft fleets.

(d) Defense Science Board Review-

(1) REPORT REQUIRED- Not later than October 1, 2011, the Defense Science Board shall report to the Secretary of Defense on the feasibility and advisability of achieving the goals established in subsection (b)(1). The report shall address--

(A) the technological and economic achievability of the goals;

(B) the impact of actions required to meet such goals on the military readiness of the Air Force, energy costs, environmental performance, and dependence on foreign oil; and

(C) any recommendations the Defense Science Board may have for improving the Air Force programfor each of the following five years, the Secretary, acting through the Executive Agent, shall submit to the congressional defense committees a report on the procurement of military working dogs for the fiscal year preceding the fiscal year during which the report is submitted. Such a report may be combined with the report required under section 2583(f) of title 10, United States Code, for the same fiscal year as the fiscal year covered by the report under this subsection. Each report under this subsection shall include the following for the fiscal year covered by the report:CommentsClose CommentsPermalink





‘(1) The number of military working dogs procured, by source, by each military department or Defense Agency.CommentsClose CommentsPermalink





‘(2) The cost of procuring military working dogs incurred by each military department or Defense Agency.CommentsClose CommentsPermalink





‘(3) An explanation for any significant difference in the cost of procuring military working dogs from different sources.’.CommentsClose CommentsPermalink

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) SUBMISSION TO CONGRESS- Not later than 30 days after receiving the report required by under paragraph (1), the Secretary of Defense shall forward the report to Congress, together with the comments and recommendations of the SecretaryAn identification of the particular installations and training areas at which vegetation and overgrowth negatively impact the use of training space.CommentsClose CommentsPermalink





(3) A plan to address training constraints caused by vegetation and overgrowth.CommentsClose CommentsPermalink

SEC. 334. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF OPERATIONAL ENERGY.Of the amounts authorized to be appropriated for Operation and Maintenance, Defense-wide, $5,000,000 is for the Director of Operational Energy Plans and Programs to carry out the duties prescribed for the Director undersection 139b of title 10, United States Code, to be made available upon the confirmation of an individual to serve as the Director43. COMPTROLLER GENERAL REPORT ON THE SUSTAINMENT STRATEGY FOR THE AV-8B HARRIER AIRCRAFT.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Matters Covered- The report under subsection (a) shall include, at a minimum, each of the following:CommentsClose CommentsPermalink





(1) An assessment of the AV-8B Integrated Maintenance Concept, including the acquisition strategy developed to conduct planned maintenance interval events.CommentsClose CommentsPermalink





(2) An evaluation of the process and criteria established to determine the assignment of non-core workload.CommentsClose CommentsPermalink





(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 Operational Energy Plans and Programlessons learned, and execution of contracting authority.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 335. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS FOR MANAGEMENT OF ENERGY DEMAND OR REDUCTION OF ENERGY USAGE DURING PEAK PERIODS.

(a) In General- Subchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2919. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods

‘(a) Participation in Demand Response or Load Management Programs- The Secretary of Defense, the Secretaries of the military departments, the heads of the Defense Agencies, and the heads of other instrumentalities of the Department of Defense are authorized to participate in demand response programs for the management of energy demand or the reduction of energy usage during peak periods conducted by any of the following parties:

‘(1) An electric utility

‘(2) An independent system operator.

‘(3) A State agency.

‘(4) A third party entity (such as a demand response aggregator or curtailment service provider) implementing demand response programs on behalf of an electric utility, independent system operator, or State agency.

‘(b) Treatment of Certain Financial Incentives- Financial incentives received from an entity specified in subsection (a) shall be received in cash and deposited into the Treasury as a miscellaneous receipt. Amounts received shall be available for obligation only to the extent provided in advance in an appropriations Act. The Secretary concerned or the head of the Defense Agency or other instrumentality, as the case may be, shall pay for the cost of the design and implementation of these services in full in the year in which they are received from amounts provided in advance in an appropriations Act.

‘(c) Use of Certain Financial Incentives- Of the amounts derived from financial incentives awarded to a military installation as described in subsection (b) and provided for in advance by an appropriations Act--

‘(1) not less than 100 percent shall be made available for use at such military installation; and

‘(2) not less than 30 percent shall be made available for energy management initiatives at such installation.’.

(b) Clerical Amendment- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

‘2919. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods.’.

Subtitle E--Reports

SEC. 34144. STUDY ON ARMY MODULARITY.CommentsClose CommentsPermalink

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center (FFRDC) to conduct a study on the current and for the conduct of a study on the current and planned modularity structures of the Army to determine each of the following:CommentsClose CommentsPermalink





(A) The operational capability of the Army to execute its core missionthe core mission of the Army to contribute land power to joint operations.CommentsClose CommentsPermalink





(B) The ability to manage the flexibility and versatility of Army forces across the range of military operations.CommentsClose CommentsPermalink





(C) The tactical, operational, and strategic risk associated with the heavy, medium, and light modular combat brigades and functional support and sustainment brigades.CommentsClose CommentsPermalink





(D) The required and planned end strength for the Army.CommentsClose CommentsPermalink





(2) FACTORS TO CONSIDER- The study required under subsection (a) shall take into consideration the following factors:CommentsClose CommentsPermalink





(A) The Army’s historical experience with of the Army with separate brigade structures.CommentsClose CommentsPermalink





(B) The original Army analysis or other relevant analyses, including explicit or implicit assumptions, upon which the modular brigade combat team, functional brigadesupport and sustainment brigades, and higher headquarters’ designs were based.CommentsClose CommentsPermalink





(C) Subsequent analysis that confirmed or modified the original designs.CommentsClose CommentsPermalink





(D) Lessons learned from Operations 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.CommentsClose CommentsPermalink





(E) Improvements the Army has made or is implementing in brigade and headquarters designs the Army has made or is implementing.CommentsClose CommentsPermalink





(F) The deployability, employability, and sustainability of modular formations compared to the corresponding pre-modular designs of such formations.CommentsClose CommentsPermalink





(3) ACCESS TO INFORMATION- The Secretary of Defense and the Secretary of the Army shall ensure that the FFRDC conducting the study has access to all necessary ederally 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.CommentsClose CommentsPermalink





(b) Report-CommentsClose CommentsPermalink





Not later than December 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a), together with comments by the Chief of Staff of the Army and the Secretary of Defense.SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT TRAINING RANGES.

Section 366(a)(5) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 113 note) is amended--

(1) by striking ‘(5) At the same time’ and inserting ‘(5)(A) At the same time’; and

(2) (1) IN GENERAL- Not later than December 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing-- CommentsClose CommentsPermalink




(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; andCommentsClose CommentsPermalink





(B) the separate and independent comments of the Secretary of the Army on the findings contained in the study.CommentsClose CommentsPermalink





(2) CLASSIFIED ANNEX- The report shall be in unclassified form, but may contain a classified annex.CommentsClose CommentsPermalink

(a) In General- Section 2642(a) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

‘(B) Beginning with the report submitted to Congress at the same time as the President submits the budget for fiscal year 2011, the report required under this subsection shall include the following:

‘(i) An assessment of the extent to which vegetation and overgrowth limits the use of military lands available for training of the Armed Forces in the United States and overseas.

‘(ii) Identification of the particular installations and training areas at which vegetation and overgrowth negatively impact the use of training space.

‘(iii)(I) As part of the first such report submitted, a plan to address training constraints caused by vegetation and overgrowth.

‘(II) As part of each subsequent report, any necessary updates to such planparagraph:CommentsClose CommentsPermalink




‘(3) During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, for military airlift services provided to any element of the Federal Government outside the Department of Defense in circumstances other than those specified in paragraphs (1) and (2), but only if the Secretary of Defense determines that the provision of such services will promote the improved use of airlift capacity without any negative effect on the national security objectives or the national security interests contained within the United States commercial air industry.’.CommentsClose CommentsPermalink





(b) Annual Report- Not later than March 1 of each year for which the paragraph (3) of section 2642(a) of title 10, United States Code, as added by subsection (a), is in effect, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report describing, in detail, the Secretary’s use of the authority under that paragraph, including--CommentsClose CommentsPermalink





(1) how the authority was used;CommentsClose CommentsPermalink





(2) the frequency with which the authority was used;CommentsClose CommentsPermalink





(3) the Secretary’s rationale for the use of the authority; andCommentsClose CommentsPermalink





(4) for which agencies the authority was used.CommentsClose CommentsPermalink

SEC. 343. REPORT ON STATUS OF AIR NATIONAL GUARD AND AIR FORCE RESERVE.52. POLICY ON GROUND COMBAT AND CAMOUFLAGE UTILITY UNIFORMS.CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink





(1) provide members of every military service an equivalent level of performance, functionality, and protection commensurate with their respective assigned combat missions;CommentsClose CommentsPermalink





(2) minimize risk to the individual soldier, sailor, airman, or marine operating in the joint battlespace; andCommentsClose CommentsPermalink





(3) provide interoperability with other components of individual war fighter systems, including body armor and other individual protective systems.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) The overall performance of each uniform in various anticipated combat environments and theaters of operations.CommentsClose CommentsPermalink





(2) Whether the uniform design of each uniform conforms adequately and is interoperable with currently issued personal protective gear and body armor.CommentsClose CommentsPermalink





(3) Costs associated with the design, development, production, procurement, and fielding of existing service-specific ground combat and camouflage utility uniforms.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) Logistical requirements to field and support forces in varying combat or utility uniforms.CommentsClose CommentsPermalink





(c) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Air Force, the Chief of the National Guard Bureau, the Director of the Air National Guard, the Chief of the Air Force Reserve, and such other officials as the Secretary of Defense considers appropriate, shall submit to Congress a report on--

(1) the status of the Air National Guard and the Air Force Reserve; and

(2) the plans of the Department of Defense to ensure that the Air National Guard and the Air Force Reserve remain ready to meet the requirements of the Air Force and the combatant commands and for homeland defenseComptroller General shall submit to the congressional defense committees the results of the assessment conducted under subsection (b).CommentsClose CommentsPermalink




(d) Requirement for Joint Criteria- In support of the policy established in subsection (a), the Secretaries of the military departments, consistent with the authority set out in subtitles B, C, and D of title 10, United States Code, shall establish joint criteria for future ground combat uniforms by not later than 270 days after the Comptroller General submits the report required under subsection (c). The joint criteria shall take into account the findings and recommendations of such report and ensure that new technologies, advanced materials, and other advances in ground combat uniform design may be shared between the military services and are not precluded from being adapted for use by any military service due to military service-unique proprietary arrangements.CommentsClose CommentsPermalink

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 69), is further amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘2010’ and inserting ‘2011’; andCommentsClose CommentsPermalink





(2) in subsection (g)(1), by striking ‘2010’ and inserting ‘2011’.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Active Forces

Subtitle A--Active ForcesCommentsClose CommentsPermalink

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.CommentsClose CommentsPermalink

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2010, as follows:CommentsClose CommentsPermalink





(1) The Army, 54762,400.CommentsClose CommentsPermalink





(2) The Navy, 328,800.CommentsClose CommentsPermalink





(3) The Marine Corps, 202,100.CommentsClose CommentsPermalink





(4) The Air Force, 331,700.CommentsClose CommentsPermalink

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

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-DUTY END STRENGTHS FOR FISCAL YEARS 2010, 2011,1 AND 2012.CommentsClose CommentsPermalink

(a) Authority Tto Increase Army Active-Dduty End Strengths-CommentsClose CommentsPermalink





(1) AUTHORITY- For each of fiscal years 2010, 2011,1 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.CommentsClose CommentsPermalink





(2) PURPOSE OF INCREASES- The purposes for which an increase may be made in the active duty end strength for the Army under paragraph (1) are the following:

(A) To increase dwell time for members of the Army on active duty.

(B) To support operational missions.

(C) Tincreases may be made in Army active-duty end strengths under paragraph (1) are--CommentsClose CommentsPermalink




(A) to support operational missions; andCommentsClose CommentsPermalink





(B) to achieve reorganizational objectives, including increased unit manning, force stabilization and shaping, and supporting wounded warriors.CommentsClose CommentsPermalink





(b) 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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Relationship to Presidential Waiver Authority- Nothing in this section shall be construed to limit the authority of the President underPresident’s authority under section 123a of title 10, United States Code, to waive any statutory end strength in a time of war or national emergency.CommentsClose CommentsPermalink





(c) Relationship to Other Variance Authority- The authority inunder subsection (a) is in addition to the authority to vary authorized end strengths that is provided in subsections (e) and (f) of section 115 of title 10, United States Code.CommentsClose CommentsPermalink





(d) Budget Treatment-(1) IN GENERAL- If the Secretary of Defense increases If the Secretary of Defense determines under subsection (a) that an increase in the Army active-duty end strength for the Army for fiscal year 2010 under subsection (a), the Secretary may fund such an increase through Department of Defense reserve funds or through an emergency supplemental appropriation.(2) FISCAL YEARS 2011 AND 2012- (2) If the Secretary of Defense plans to increase the active-duty end strength for the Army for fiscal year 2011 or 2012, the budget for the Department of Defense for such fiscal year as submitted to Congress shall includea 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 theat active-duty end strength for the Army in excess of the fiscal-year 2010 baseline.

(e) Definitions- In this section:

(1) FISCAL-YEAR 2010 BASELINE- The term ‘fiscal-year 2010 baseline’, with respect to the Army, means thein excess of the fiscal year 2010 active-duty end strength authorized for the Army inunder section 401(1).CommentsClose CommentsPermalink

Subtitle B--Reserve ForcesCommentsClose CommentsPermalink

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.CommentsClose CommentsPermalink

(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2010, as follows:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 358,200.CommentsClose CommentsPermalink





(2) The Army Reserve, 205,000.CommentsClose CommentsPermalink





(3) The Navy Reserve, 65,500.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 39,600.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 106,700.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 69,500.CommentsClose CommentsPermalink





(7) The Coast Guard Reserve, 10,000.CommentsClose CommentsPermalink





(b) AdjustmentEnd Strength Reductions- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





Whenever such units or such individual members(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.CommentsClose CommentsPermalink

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

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:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 32,060.CommentsClose CommentsPermalink





(2) The Army Reserve, 16,261.CommentsClose CommentsPermalink





(3) The Navy Reserve, 10,818.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 2,261.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 14,555.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 2,896.CommentsClose CommentsPermalink

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

The minimum number of military technicians (dual status) as of the last day of fiscal year 2010 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:CommentsClose CommentsPermalink





(1) For the Army Reserve, 8,395.CommentsClose CommentsPermalink





(2) For the Army National Guard of the United States, 27,210.CommentsClose CommentsPermalink





(3) For the Air Force Reserve, 10,417.CommentsClose CommentsPermalink





(4) For the Air National Guard of the United States, 22,313.CommentsClose CommentsPermalink

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

(a) Limitations-CommentsClose CommentsPermalink





(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2010, may not exceed the following:CommentsClose CommentsPermalink





(A) For the Army National Guard of the United States, 1,600.CommentsClose CommentsPermalink





(B) For the Air National Guard of the United States, 350.CommentsClose CommentsPermalink





(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2010, may not exceed 595.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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

During fiscal year 2010, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 17,000.CommentsClose CommentsPermalink





(2) The Army Reserve, 13,000.CommentsClose CommentsPermalink





(3) The Navy Reserve, 6,200.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 3,000.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 16,000.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 14,000.CommentsClose CommentsPermalink

SEC. 416. REPORT ON TRAINEESUBMITTAL OF OPTIONS FOR CREATION OF TRAINEES, TRANSIENTS, HOLDEES, AND STUDENTS ACCOUNT FOR THE ARMY NATIONAL GUARD.CommentsClose CommentsPermalink

(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report setting forth an assessment of the establishment within the Army National Guard of a trainees, transients, holdees, and students account (commonly referred to as a ‘TTHS’ account)evaluating options, and including a recommendation, for the creation of a Trainees, Transients, Holdees, and Students Account within the Army National Guard.CommentsClose CommentsPermalink





(b) Elements- The report required by subsection (a) shall include an assessment of the feasibility and advisability of permitting the Army National Guard to have, without regard to its authorized address, at a minimum, the following:CommentsClose CommentsPermalink





(1) The timelines, cost, force structure changes, and end strength changes associated with each option specified in the report.CommentsClose CommentsPermalink





(2) The force structure and end strength levels for a fiscal year, a trainees, transients, holdees, and students account for assigning all members of the Army National Guard who have not completed initial entry training in order to ensure that all personnel of fully manned and deployable units of the Army National Guard have completed initial entry trainingchanges and growth of the Army National Guard needed to support the account referred to in subsection (a).CommentsClose CommentsPermalink





(3) An assessment of how the creation of such an account may affect plans under the Grow the Force initiative.CommentsClose CommentsPermalink





(4) An assessment of the impact of such an account on readiness and training ratings for Army National Guard forces.CommentsClose CommentsPermalink

SEC. 417. AUTHORITY FOR SERVICE SECRETARY VARIANCES FORREPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR NON-DUAL STATUS TECHNICIANS.CommentsClose CommentsPermalink

SEC. 418. EXPANSION OF AUTHORITY OF SECRETARIES OF THE MILITARY DEPARTMENTS TO INCREASE CERTAIN END STRENGTHS TO INCLUDE SELECTED RESERVE END STRENGTHS.CommentsClose CommentsPermalink

Section 115(g)ubsection (g) of section 115 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(g) Authority for Service Secretary Variances for Active-Dduty 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--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 armed force or Selected Reserve for that fiscal year authorized under subsection (f)(1) or subsection (f)(3), respectively3).’.CommentsClose CommentsPermalink

Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 421. MILITARY PERSONNEL.CommentsClose CommentsPermalink

(a) Authorization of Appropriations- There is hereby authorized to be appropriated for fiscal year 2010 for the Department of Defense for military personnel amounts as follows:

(1) For military personnel, $124,864,942,000.

(2) For contributions to the Medicare-Eligible Retiree Health Fund, $10,751,339to the Department of Defense for military personnel for fiscal year 2010 a total of $136,016,281,000.CommentsClose CommentsPermalink




(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.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICYCommentsClose CommentsPermalink

Subtitle A--Officer Personnel Policy

Subtitle A--Officer Personnel PolicyCommentsClose CommentsPermalink

SEC. 501. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.CommentsClose CommentsPermalink

SEC. 502. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





(1) An assessment of the provisions of title 10, United States Code, that exclude commissioned officers of the Armed Forces on active duty in general officer and flag officer grades from the limitations on the authorized strengths of general and flag officers, including--CommentsClose CommentsPermalink





(A) a list of each such provision; andCommentsClose CommentsPermalink





(B) for each such provision--CommentsClose CommentsPermalink





(i) a statement whether such provision is redundant or necessary in light of recent legislation on such provision or related provisions; andCommentsClose CommentsPermalink





(ii) an assessment of the impact of the repeal of such provision on the Department of Defense.CommentsClose CommentsPermalink





(2) A specific, comprehensive description of the legislative actions, including technical and conforming changes, necessary to conform sections 525, 526, and 528 of title 10, United States Code (and any other applicable provisions of such title), with the assessment required by paragraph (1) with a view towards increasing the transparency and comprehensiveness on the number of general and flag officers serving on active duty.CommentsClose CommentsPermalink





(3) An assessment of the following:CommentsClose CommentsPermalink





(A) Whether the authorized numbers of general and flag officers in an active status under section 12004(a) of title 10, United States Code, are adequate to provide 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.CommentsClose CommentsPermalink





(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 requirementsCommentsClose CommentsPermalink





(C) Whether legislative action with respect to section 12004(a) of title 10, United States Code, is necessary to achieve the purposes specified in subparagraphs (A) and (B) and, if so, a specific, comprehensive description of such legislative actions.CommentsClose CommentsPermalink





(4) An assessment of the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) The impact on the Department of each provision.CommentsClose CommentsPermalink





(C) If supported, the necessary technical and conforming changes that may be necessary to conform sections 535, 526, 528, and 12004 of title 10, United States Code, to increase the transparency and comprehensiveness of the number of general and flag officers on active duty or in an active status.CommentsClose CommentsPermalink





(b) Clarification of Distribution Limits- Section 525 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections:CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(1) in the Army, if that appointment would result in more than--CommentsClose CommentsPermalink





‘(A) 7 officers in the grade of general;CommentsClose CommentsPermalink





‘(B) 45 officers in a grade above the grade of major general; orCommentsClose CommentsPermalink





‘(C) 90 officers in the grade of major general;CommentsClose CommentsPermalink





‘(2) in the Air Force, if that appointment would result in more than--CommentsClose CommentsPermalink





‘(A) 9 officers in the grade of general;CommentsClose CommentsPermalink





‘(B) 43 officers in a grade above the grade of major general; orCommentsClose CommentsPermalink





‘(C) 73 officers in the grade of major general;CommentsClose CommentsPermalink





‘(3) in the Navy, if that appointment would result in more than--CommentsClose CommentsPermalink





‘(A) 6 officers in the grade of admiral;CommentsClose CommentsPermalink





‘(B) 32 officers in a grade above the grade of rear admiral; orCommentsClose CommentsPermalink





‘(C) 50 officers in the grade of rear admiral;CommentsClose CommentsPermalink





‘(4) in the Marine Corps, if that appointment would result in more than--CommentsClose CommentsPermalink





‘(A) 2 officers in the grade of general;CommentsClose CommentsPermalink





‘(B) 15 officers in a grade above the grade of major general; orCommentsClose CommentsPermalink





‘(C) 22 officers in the grade of major general.CommentsClose CommentsPermalink





‘(b)(1) The limitations of subsection (a) do not include the following:CommentsClose CommentsPermalink





‘(A) An officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but no more than 3 officers from each armed forces may be on active duty who are excluded under this subparagraph.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(D) An officer while serving as Chief of the National Guard Bureau.CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(bc) Clarification on Offsetting Reductions- Subsection (c) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





‘(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’; andCommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘subsection (b)(2)’ and inserting ‘this section’;CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(cd) Other Distribution Clarifications- Such section is further amended--CommentsClose CommentsPermalink





(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:’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) The limitations of this section(1) The limitations of this section do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of this title for a period not to exceed three years.’.(dfor 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 DefenseCommentsClose CommentsPermalink





‘(2) The exception in paragraph (1) does apply to the position of Chief of the National Guard Bureau.CommentsClose CommentsPermalink





‘(3) Not later than 30 days after authorizing a number of reserve component general or flag officers in excess of the number specified in paragraph (1), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such authorization, and shall include with such notice a statement of the reason for such authorization.’.CommentsClose CommentsPermalink





(e) Change to Authorized Strengths- Subsection (a) of section 526 of such title is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘307’ and inserting ‘230’;CommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘216’ and inserting ‘160’;CommentsClose CommentsPermalink





(3) in paragraph (3), by striking ‘279’ and inserting ‘208’; andCommentsClose CommentsPermalink





(4) in paragraph (4), by striking ‘81’ and inserting ‘60’.CommentsClose CommentsPermalink





(ef) Changes to Limited Exclusion for Joint Duty Requirements- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘Chairman of the Joint Chiefs of Staff’ and inserting ‘Secretary of Defense’;CommentsClose CommentsPermalink





(B) by striking ‘65’ and inserting ‘324’; andCommentsClose CommentsPermalink





(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.’;CommentsClose CommentsPermalink





(2) by redesignating paragraph (2) as paragraph (45); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following new paragraphs:CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) For the Army, 85.CommentsClose CommentsPermalink





‘(B) For the Navy, 61.CommentsClose CommentsPermalink





‘(C) For the Air Force, 76.CommentsClose CommentsPermalink





‘(D) For the Marine Corps, 21.CommentsClose CommentsPermalink





‘(3) The number excluded under paragraph (1) and serving in positions designated under that paragraph--CommentsClose CommentsPermalink





‘(A) in the grade of general or admiral may not exceed 20;CommentsClose CommentsPermalink





‘(B) in a grade above the grade of major general or rear admiral may not exceed 68; andCommentsClose CommentsPermalink





‘(C) in the grade of major general or rear admiral may not exceed 144.CommentsClose CommentsPermalink





‘(4) Not later than 30 days after determining to raise or lower a number specified in paragraph (2), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such determination.’.CommentsClose CommentsPermalink





(fg) Other Authorization Clarifications- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (d), by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) The limitations of this section do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of this title for a period not to exceed three yearsfor 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.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(h) Exclusion of Officers Departing From Joint Duty Assignments- The limitations in subsection (a) do not apply to an officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment; except that the Secretary of Defense may authorize the Secretary of a military department to . The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day by an additional 120 days, but no more than 3 officers from each armed force may be on active duty who are excluded under this subsectionperiod 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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(gi) Repeal of Limitations on General and Flag Officer Activities Outside the Officer’s Own Service-CommentsClose CommentsPermalink





(1) REPEAL- Section 721 of such title is repealed.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(hj) Repeal of Superseded Authority- Section 506 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.CommentsClose CommentsPermalink

SEC. 5023. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT OFFICER MANAGEMENT.CommentsClose CommentsPermalink

Section 667 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘and their education and experience’;

(2) by striking paragraph (3);

(3) by transferring subparagraph (B) of paragraph (4) to the end of paragraph (1), redesignating that subparagraph as subparagraph (C), aligning that subparagraph with the margin of subparagraph (B) of paragraph (1), and capitalizing the first word of that subparagraph;

(4) by striking the remainder of paragraph (4), as amended by paragraph (3) of this section;

(5 andCommentsClose CommentsPermalink




(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(2) by striking paragraphs (3), (4), (6), and (12);CommentsClose CommentsPermalink





(3) by redesignating paragraph (5) as paragraph (3);CommentsClose CommentsPermalink





(6) by striking paragraph (6);(74) by redesignating paragraphs (7) through (11) as paragraphs (4) through (8), respectively;CommentsClose CommentsPermalink





(8) by redesignating paragraph (12) as paragraph (9) and in that paragraph striking ‘each time the’ and all that follows and inserting ‘the5) by inserting after paragraph (8), as so redesignated, the following new paragraph:CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) The Joint Forces Staff College.CommentsClose CommentsPermalink





‘(B) The National Defense University.CommentsClose CommentsPermalink





‘(C) Senior Service Schools.’; andCommentsClose CommentsPermalink





(96) by redesignating paragraph (13) as paragraph (10).CommentsClose CommentsPermalink

SEC. 503. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.(a) In General-4. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM NUMBER OF DAYS LEAVE MEMBERS MAY ACCUMULATE AND CARRYOVER.CommentsClose CommentsPermalink

Section 156(c701(d) of title 10, United States Code, is amended by striking ‘, while so serving, hold the’ and inserting ‘be appointed in the regular’.(b) Effective Date- The amendment made by subsectionDecember 31, 2010’ and inserting ‘September 30, 2013’.CommentsClose CommentsPermalink

(a) shall take effect on theIndependent Panel for Review-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is hereby established an independent panel to review the judge advocate requirements of the Department of the Navy.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) CHAIR- The chair of the panel shall be appointed by the Secretary from among the members of the panel appointed under paragraph (2).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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, and shall apply with respect to individuals appointed as Legal Counsel to the Chairman of the Joint Chiefs of Staff on or after that date.SEC. 504. CHIEF AND DEPUTY CHIEF OF CHAPLAINS OF THE AIR FORCE.

(a) In General- Chapter 805 of title 10, United States Code, is amended by inserting after section 8038 the following new section:

‘Sec. 8039. Chief and Deputy Chief of Chaplains: appointment; duties‘(a) Chief of Chaplains- (1) There is a Chief of Chaplains in the Air Force, who shall be appointed bythis Act.CommentsClose CommentsPermalink




(6) MEETINGS- The panel shall meet at the call of the chair.CommentsClose CommentsPermalink





(7) FIRST MEETING- The chair shall call the first meeting of the panel not later than 60 days after the date of the appointment of all the members of the panel.CommentsClose CommentsPermalink





(b) Duties-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) REVIEW- In carrying out the study required by paragraph (1), the panel shall--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) review new requirements to support the Office of Military Commissions and to support the President, by and with the advice and consent of the Senate, from active duty officers of the Air Force Chaplain Corps serving in the grade of colonel or above who have served on active duty as a chaplain for at least eight years.

‘(2) An officer appointed as the Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

‘(3) The Chief of Chaplains shall be appointed in the regular grade of major general.

‘(4) The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and by law.

‘(b) Deputy Chief of Chaplains- (1) There is a Deputy Chief of Chaplains in the Air Force who shall be appointed by the President by and withdisability evaluation system for members of the Armed Forces;CommentsClose CommentsPermalink




(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(E) review directives issued by the Navy and the Marine Corps pertaining to jointly-shared missions requiring legal support;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(G) review, evaluate, and assess such other matters and materials as the panel considers appropriate for purposes of the study.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the findings and conclusions of the panel as a result of the study; andCommentsClose CommentsPermalink





(B) any recommendations for legislative or administrative action that the panel considers appropriate in light of the study.CommentsClose CommentsPermalink





(c) Powers of Panel-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Personnel Matters-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) Section 1342 of title 31, United States Code, shall not apply to the acceptance of services of a member of the panel under this section.CommentsClose CommentsPermalink





(2) TRAVEL EXPENSES- The members of the advice and consent of the Senate from active duty officers of the Air Force Chaplain Corps serving in the grade of colonel who have served on active duty as a chaplain for at least eight years.

‘(2) An officer appointed as the Deputy Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

‘(3) The Deputy Chief of Chaplains shall be appointed in the regular grade of brigadier general.

‘(4) The Deputy Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force, the Chief of Chaplains, and by law.

‘(c) Selection of Recommended Officers Through Selection Board Procedures- Under regulations approved by the Secretary of Defense, the Secretary of the Air Force in selecting an officer for recommendation to the President under subsection (a) for appointment as the Chief of Chaplains or under subsection (b) for appointment as the Deputy Chief of Chaplains shall ensure that the officer selected is recommended by a board of officers that, insofar as is practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.’.

(b) Clerical Amendment- The table of sections at the beginning of chapter 805 of such title is amended by inserting after the item related to section 8038 the following new item:

‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel.CommentsClose CommentsPermalink

Subtitle B--Reserve Component ManagementSEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR NON-DUAL STATUS TECHNICIANS.

(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth the following:

(1) A description of the types of duties performed for the National Guard by non-dual status technicians.

(2) A description of the current requirements of the National Guard for non-dual status technicians.

(3) A description of various means of addressing any shortfalls in meeting such requirements, including bothGeneral Service AuthoritiesCommentsClose CommentsPermalink

Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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 shortfalls and permanent shortfalls.(b) Considerations- The report required by subsection (a) shall take into considerationdisability retired list or inactive status list under this chapter is retained on active duty during the effects of the mobilization of large numbers of National Guard military technicians (dual status) on the readiness of National Guard units in critically important areas and on the capacity of the National Guard to continue performing home-based missions and responsibilities for the States.

Subtitle C--Education and Training

SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNIFORMEDdisability evaluation process until such time as such member is--CommentsClose CommentsPermalink





‘(A) cleared by appropriate authorities for continuation on active duty; orCommentsClose CommentsPermalink





‘(B) separated, retired, or placed on the temporary disability retired list or inactive status list.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) Each release from active duty under subparagraph (B) shall be thoroughly documented.CommentsClose CommentsPermalink





‘(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010.’.CommentsClose CommentsPermalink

SEC. 512. MEDICAL ACCESSION PROGRAMS.EXAMINATION REQUIRED BEFORE ADMINISTRATIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR REASONABLY ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY.CommentsClose CommentsPermalink

‘(a) Medical Examination Required- (1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Purpose of Medical Examination- The medical examination required by subsection (a)Medical Students of USUHS- 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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation.’.CommentsClose CommentsPermalink





(b) Review of Previous Discharges and Dismissals- Section 1553 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) the procedures adopted by the Secretaries to ensure that appropriate physical examinations required by the amendments are conducted;CommentsClose CommentsPermalink





(3) the procedures adopted by the Secretaries to ensure that the medical reviews required by the amendments are conducted; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Section 2114(b) of title 10, United States Code, is amended--(1) in paragraph (1), by striking the second sentence and inserting the following new sentences: ‘Each medical student shall be appointed as a regular officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in1044(a)(4) of title 10, United States Code , is amended by striking ‘the Secretary of Defense), for a period of time, prescribed by the Secretary of Defense,’ and inserting ‘the Secretary), for a period of time (prescribed by the Secretary)’. CommentsClose CommentsPermalink

(a) Limitation-CommentsClose CommentsPermalink





(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 regular grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades.’; and(2) in paragraph (2), by striking ‘grade of second lieutenant or ensign’ and inserting ‘grade in which the member is serving under paragraph (1)’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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) NOTICE TO CONGRESS- Until December 31, 2014, the Secretary of the military department concerned shall submit written notice of each waiver issued under paragraph (2) to the congressional defense committees. Notice of such waiver shall be so submitted at the time of the issuance of such waiver.CommentsClose CommentsPermalink





(b) Participants in Health Professions Scholarship and Financial Assistance Program- Section 2121(c) of such title is amended--

(1) in paragraph (1), by striking the second sentence and inserting the following new sentences: ‘Each person so commissioned shall be appointed as a reserve officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the reserve grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades for a period of 45 days during each year of participation in the program.’; and

(2) in paragraph (2), by striking ‘grade of second lieutenant or ensign’ and inserting ‘grade in which the member is serving under paragraph (1)’Notice of Other Suspensions of Training- Until December 31, 2014, in the event of a suspension of training (other than an anticipated suspension of training described in subsection (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.CommentsClose CommentsPermalink




(c) Officers Detailed as Students at Medical Schools- Subsection (e) of section 2004a of such title is amended--

(1) in the subsection heading, by striking ‘Appointment and Treatment of Prior Active Service’ and inserting ‘Service on Active Duty’; and

(2) by striking paragraph (1) and inserting the following new paragraph (1):

‘(1) A commissioned officer detailed under subsection (a) shall serve on active duty, subject to the limitations on grade specified in section 2114(b)(1) of this title and with the entitlement to basic pay as specified in section 2114(b)(2) of this title.’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.CommentsClose CommentsPermalink

SEC. 522. EXPANSION OF CRITERIA FOR APPOINTMENT AS MEMBER OF THE BOARD OF REGENTS OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.Section 2113a(b)(1) of title 10, United States Code, is amended by striking ‘health and health education’ and inserting ‘health care, higher education administration, and public policy15. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION GUIDES AND EDUCATION PROGRAMS IN IMPROVING QUALIFICATIONS OF RECRUITS FOR THE ARMED FORCES.CommentsClose CommentsPermalink

Section 546(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2215) is amended--CommentsClose CommentsPermalink





(1) in the second sentence, by striking ‘in training and unit settings’ and inserting ‘during training and unit assignments’; andCommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink

SEC. 52316. REPORT ON PRESENCE IN THE ARMED FORCES OF MEMBERS ASSOCIATED OR AFFILIATED WITH GROUPS ENGAGED IN PROHIBITED ACTIVITIES.CommentsClose CommentsPermalink

SEC. 521. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT SCHOOLS OF PSYCHOLOGY.CommentsClose CommentsPermalink

(a) In General- Chapter 101 of title 10, United States Code, is amended by inserting after section 2004 the following new section:‘Sec. 2004aa the following new section:CommentsClose CommentsPermalink

‘Sec. 2004b. Detail of commissioned officers as students at schools of psychologyCommentsClose CommentsPermalink

‘(a) Detail Authorized- The Secretary of each military department may detail commissioned officers of the armed forces as students at accredited schools of psychology located in the United States for a period of training leading to the degree of Doctor of Philosophy in clinical psychology. No more than 25 officers from each military department may commence such training in any single fiscal year.CommentsClose CommentsPermalink





‘(b) Eligibility for Detail- To be eligible for detail under subsection (a), an officer must be a citizen of the United States and must--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(2) sign an agreement that unless sooner separated the officer will--CommentsClose CommentsPermalink





‘(A) complete the educational course of psychological training;CommentsClose CommentsPermalink





‘(B) accept transfer or detail as a commissioned officer within the military department concerned when the officer’s training is completed; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(f) Expenses- Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military department concerned.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(h) Limitation on Details- No agreement detailing an officer of the armed forces to an accredited school of psychology may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2004 the following new item:‘2004aa the following new item:CommentsClose CommentsPermalink





‘2004b. Detail of commissioned officers as students at schools of psychology.’.CommentsClose CommentsPermalink

SEC. 524. AIR FORCE ACADEMY2. 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.CommentsClose CommentsPermalink

SEC. 528. ATHLETIC ASSOCIATION FOR THE AIR FORCE ACADEMY.CommentsClose CommentsPermalink

(a) In General- Chapter 903 of title 10, United States Code, is amended by inserting after section 9361 the following new section:‘Sec. 9362. Air Force Academy athletic programs support

‘(a) Establishment Authorized-

‘(1) IN GENERAL-adding at the end the following new section:CommentsClose CommentsPermalink

‘(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 to support the(in this section referred to as the ‘corporation’) to support the athletic programs of the Academy (in this section referred to as the ‘corporation’)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.CommentsClose CommentsPermalink





‘(2) PURPOSE- The corporation shall operate exclusively for charitable, educational, and civic purposes to support the athletic programs of the Academy.CommentsClose CommentsPermalink





‘(b) Corporate Organization- The corporation shall be organized and operated--CommentsClose CommentsPermalink





‘(1) as a nonprofit corporation under section 501 (c)(3) of the Internal Revenue Code of 1986;CommentsClose CommentsPermalink





‘(2) in accordance with this section; andCommentsClose CommentsPermalink





‘(3) pursuant to the laws of the State of incorporation, its articles of incorporation, and its bylaws.CommentsClose CommentsPermalink





‘(c) Corporate Board of Directors-‘(1) COMPENSATION- (1) The members of the board of directors shall serve without compensation, except forof the corporation shall serve without compensation as members of the board, except for reasonable travel and other related expenses for attendance at meetings.‘(2) AIR FORCE PERSONNEL- of the board.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(e) Acceptance of Gifts- The Secretary of the Air Force may accept from the corporation funds, supplies, and services for the support of cadets and Academy personnel during their participation in, or in support of, Academy or corporate events related to the Academy athletic programsathletic programs of the Academy.CommentsClose CommentsPermalink





‘(f) Leasing- The Secretary ofes- The Secretary of the Air Force may, in accordance with section 2667 of this title, lease real and personal property to the corporation for purposes related to the Academy athletic programs. Money rentalathletic 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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9361 the following new item:‘9362. Air Force Academy athletic programs support.’chapter 903 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘9362. Support of athletic programs.’.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Elements- Each language training center established under the program authorized by subsection (a) shall include the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) A description of each language training center established under the program.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Subtitle D--Defense Dependents’ EducationCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

(a) Assistance to Schools With Significant Numbers of Military Dependent Students- Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(a)(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).CommentsClose CommentsPermalink





(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, $104,000,000 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.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink

SEC. 532. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.CommentsClose CommentsPermalink

Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(a)by section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Section 572(b)(4) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b(b)(4)) is amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2012’.CommentsClose CommentsPermalink

SEC. 534. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN DEPARTMENT OF DEFENSE ELEMENTARY AND SECONDARY SCHOOLS TO CERTAIN ADDITIONAL CATEGORIES OF DEPENDENTS.CommentsClose CommentsPermalink

SEC. 535. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE DEPENDENTS’ EDUCATION SYSTEM OF DEPENDENTS OF FOREIGN MILITARY MEMBERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED POWERS, EUROPE.CommentsClose CommentsPermalink

(a) Permanent Enrollment Authority- Subsection (a)(2) of section 1404A of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923a) is amended by striking ‘, and only through the 2010-2011 school year’.CommentsClose CommentsPermalink





(b) Combatant Commander Advice and Assistance- Subsection (c)(1) of such section is amended by inserting after ‘Secretary’ the following: ‘,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,.’.CommentsClose CommentsPermalink

SEC. 5356. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS FOR LOCAL EDUCATIONAL AGENCIES FOR RECEIPT OF BASIC SUPPORT PAYMENTS UNDER IMPACT AID.CommentsClose CommentsPermalink

SEC. 537. STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR DEPENDENT CHILDREN OF MEMBERS OF THE ARMED FORCES WHO DO NOT ATTEND DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLSEN PUBLIC SCHOOLS ATTENDED BY SUCH CHILDREN ARE DETERMINED TO NEED IMPROVEMENT.CommentsClose CommentsPermalink

(a) Study on Options for Educational Opportunities-CommentsClose CommentsPermalink





(1) STUDY REQUIRED- The Secretary of Defense shall, in consultation with the Secretary of Education, conduct a study on options for educational opportunities that are, or may be, available for dependent children of members of the Armed Forces who do not attend Department of Defense dependents’ schools when the public elementary and secondary schools attended by such children are determined to be in need of improvement pursuant to the No Child Left Behind Act of 2001 (Public Law 110-117section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)).CommentsClose CommentsPermalink





(2) OPTIONS- The options to be considered under the study required by paragraph (1) shall include the following:

(A) Vouchers.

(B) Educationmay include the following:CommentsClose CommentsPermalink




(A) Education programs offered through the Internet, including programs that are provided by the Department of Defense through the Internet.CommentsClose CommentsPermalink





(CB) Charter schools.CommentsClose CommentsPermalink





(D) Such otherC) Such other public school options as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate for purposes of the study.CommentsClose CommentsPermalink





(3) ELEMENTS- The study required by paragraph (1) shall address the following matters:CommentsClose CommentsPermalink





(A) The challenges faced by parents inof 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) The various reasons why military families seek educational opportunities for their children other than those available through local public elementary and secondary schools.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(F) The value and impact of a school voucher or other alternative educational programother alternative educational programs for military families.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(I) Such other matters as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate for purposes of the study.(b) Report- Not later than and Secretary of Education consider appropriate for purposes of the study.CommentsClose CommentsPermalink





(b) Report- Not later than March 31, 2010, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services, 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 (ba). The report shall include the following:CommentsClose CommentsPermalink





(1) A description of the results of the study.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 5368. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR DEPENDENT CHILDREN OF MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

SEC. 539. SENSE OF SENATECONGRESS ON THE INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.CommentsClose CommentsPermalink

(a) Findings- The Senate makes the following findings:

(1) The incongruity in how States assess and enroll transfer students creates challenges for the moving military family and can, in some cases, be detrimental to the higher education opportunities of military children.

(2) The inability to transfer credits, maintain the proper number of school-year hours, missing exams, and other obstacles can make moving as a military family difficult.

(3) The average military child moves six to nine times between kindergarten and high school graduation, creating a variety of challenges and obstacles related to permanent change of station moves.

(4) The demands and strains on members of the Armed Forces and their families continue to increase and will do so for the foreseeable future as the United States continues overseas contingency operations, and children and adolescents are acutely vulnerable to family stresses caused by the high operational tempo and may therefore be at a heightened risk for emotional distress.

(5) The routine of the school environment can be a source of stability for military children as they cope with the disruptive challenges caused by the deployment of a parent or a relocation.

(b) Sense of Senate- It is the sense of the Senate It is the sense of Congress to--CommentsClose CommentsPermalink




(1) express strong support and commendation for Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Texas, Virginia, and Washington asall the States that have successfully enacted the Interstate Compact on Educational Opportunity for Military Children;CommentsClose CommentsPermalink





(2) express its strong support and encourage all remaining States to enact the Interstate Compact on Educational Opportunity for Military Children;CommentsClose CommentsPermalink





(3) recognize the importance of the components of the Interstate Compact on Educational Opportunity for Military Children, including--CommentsClose CommentsPermalink





(A) the transfer of educational records to expedite the proper enrollment and placement of students;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) priority for attendance to children of members of the Armed Forces assuming the school district accepts transfer students;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(G) the recognition of an appointed guardian as a custodial parent while the child’s parent or parents are deployed; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 537. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR DEPENDENT CHILDREN OF MEMBERS OF THE ARMED FORCES.

(a) In General- The Comptroller General of the United States shall conduct an audit of the utilization by local educational agencies of the assistance specified in subsection (b) provided to such agencies for fiscal years 2001 through 2009 for the education of dependent children of members of the Armed Forces. The audit shall include--

(1) an evaluation of the utilization of such assistance by such agencies; and

(2) an assessment of the effectiveness of such assistance in improving the quality of education provided to dependent children of members of the Armed Forces.

(b) Assistance Specified- The assistance specified in this subsection is--

(1) assistance provided under--

(A) section 572 the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b);

(B) section 559 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1917);

(C) section 536 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1474);

(D) section 341 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2514);

(E) section 351ubtitle E--Missing or Deceased PersonsCommentsClose CommentsPermalink

‘(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:CommentsClose CommentsPermalink





‘(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 2002 (Public Law 107-107; 115 Stat. 1063); or

(F) section 362 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law byPublic Law 106-398; 114 Stat. 1654A-76); and

(2) payments made under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by0 (Public Law 106-398; 114 Stat. 1654A-77; 265; 10 U.S.C. 7703a).(c) Report- Not later than March 1, 2010, the Comptroller General shall submit to the congressional defense committees a report containing the result1501 note).CommentsClose CommentsPermalink




‘(2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991.CommentsClose CommentsPermalink





‘(3) The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955.CommentsClose CommentsPermalink





‘(4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.CommentsClose CommentsPermalink





‘(5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.CommentsClose CommentsPermalink





‘(6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.CommentsClose CommentsPermalink





‘(b) Implementation Process- (1) The Secretary of Defense shall implement the program within the Department of Defense POW/MIA accounting community.CommentsClose CommentsPermalink





‘(2) For purposes of paragraph (1), the term ‘POW/MIA accounting community’ means:CommentsClose CommentsPermalink





‘(A) The Defense Prisoner of War/Missing Personnel Office (DPMO).CommentsClose CommentsPermalink





‘(B) The Joint POW/MIA Accounting Command (JPAC).CommentsClose CommentsPermalink





‘(C) The Armed Forces DNA Identification Laboratory (AFDIL).CommentsClose CommentsPermalink





‘(D) The Life Sciences Equipment Laboratory of the Air Force (LSEL).CommentsClose CommentsPermalink





‘(E) The casualty and mortuary affairs offices of the military departments.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Establishment of Personnel Files- (1) The Secretary of Defense shall ensure that a personnel file is established and maintained for each person covered by subsection (a) if the Secretary--CommentsClose CommentsPermalink





‘(A) possesses any information relevant to the status of the audit requiperson; orCommentsClose CommentsPermalink





‘(B) receives any new information regarding the missing person as provided in subsection (e).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) Upon receipt of new information under paragraph (1), the Secretary shall ensure that--CommentsClose CommentsPermalink





‘(A) the information is treated under paragraph (2) of subsection (c) of section 1505 of this title, relating to addition of the information to the personnel file of a person and notification requirements, in the same manner as information received under paragraph (1) under such subsection; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(3) For purposes of this subsection, new information is information that is credible and that--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).SEC. 538. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN DEPARTMENT OF DEFENSE ELEMENTARY AND SECONDARY SCHOOLS TO CERTAIN ADDITIONAL CATEGORIES OF DEPENDENTS.Section 2164 of title 10, United States Code, is amended by adding at the end’.CommentsClose CommentsPermalink





(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 subsection:

‘(j) Tuition-Free Enrollment of Dependents of Foreign Military Personnel Residing on Domestic Military Installations and Dependents of Certain Deceased Members of the Armed Forces- (1) The Secretary may authorize the enrollment in an education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of an individual described in paragraph (2). Enrollment of such a dependent shall be on a tuition-free basis.

‘(2) An individual referred to in paragraph (1) is any of the following:

‘(A) A member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States).

‘(B) A deceased member of the armed forces who died in the line of duty in a combat-related operation, as designated by the Secretaryitem:CommentsClose CommentsPermalink




‘1509. Program to resolve preenactment missing person cases.’.CommentsClose CommentsPermalink





Subtitle E--Military Justice and Legal Assistance Matters

SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIREMENTS OF THE DEPARTMENT OF THE NAVY.(a) Independent Panel for Review (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’. CommentsClose CommentsPermalink




(d) Implementation-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is hereby established an independent panel to review the judge advocate requirements of the Department of the Navy.

(2) COMPOSITION- The panel shall be composed of five members, appointed by the Secretary of Defense from among private United States citizens who have expertise in law, military manpower policies, the missions of the Navy and Marine Corps, and the current responsibilities of Navy and Marine Corps judge advocates in ensuring competent legal representation and advice to commanders.

(3) CHAIR- The chair of the panel shall be appointed by the Secretary from among the members of the panel appointed under paragraph (2).

(4) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original appointment.

(5) MEETINGS- The panel shall meet at the call of the chair.

(6) DEADLINE FOR APPOINTMENTS- All original appointments to the panel shall be made not later than April 1, 2010.

(7) FIRST MEETING- The chair shall call the first meeting of the panel not later than June 1, 2010.

(b) Duties-

(1) IN GENERAL- The panel established under subsection (a) shall carry out a study of the policies and management and organizational practices of the Navy and Marine Corps with respect to the responsibilities, assignment, and career development of judge advocates for purposes of determining the number of judge advocates required to fulfill the legal mission of the Department of the NavyPRIORITY- A priority of the program required by section 1509 of title 10, United States Code, as amended by subsection (a), to resolve missing person cases arising before the enactment of chapter 76 of such title by section 569 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 336) shall be the return of missing persons to United States control alive.CommentsClose CommentsPermalink




(2) REVIEW- In carrying out the study required by paragraph (1), the panel shall--

(A) review the emergent operational law requirements of the Navy and Marine Corps, including requirements for judge advocates on joint task forces, in support of rule of law objectives in Iraq and Afghanistan, and in operational units;

(B) review new requirements to support the Office of Military Commissions and to support the disability evaluation system for members of the Armed Forces;

(C) review the judge advocate requirements of the Department of the Navy for the military justice mission, including assignment policies, training and education, increasing complexity of court-martial litigation, and the performance of the Navy and Marine Corps in providing legally sufficient post-trial processing of cases in general courts-martial and special courts-martial;

(D) review the role of the Judge Advocate General of the Navy, as the senior uniformed legal officer of the Department of the Navy, to determine whether additional authority for the Judge Advocate General over manpower policies and assignments of judge advocates in the Navy and Marine Corps is warranted;

(E) review directives issued by the Navy and the Marine Corps pertaining to jointly-shared missions requiring legal support;

(F) review career patterns for Marine Corps judge advocates in order to identify and validate assignments to nonlegal billets required for professional development ACCOUNTING FOR GOAL- In implementing the program, the Secretary of Defense, in coordination with the officials specified in subsection (f)(1) of section 1509 of title 10, United States Code, shall provide such funds, personnel, and resources as the Secretary considers appropriate to increase significantly the capability and capacity of the Department of Defense, the Armed Forces, and promotion; and(G) review, evaluate, and assess such other matters and materials as the panel considers appropriate for purposes of the studcommanders of the combatant commands to account for missing persons so that, beginning with fiscal year 2015, the POW/MIA accounting community has sufficient resources to ensure that at least 200 missing persons are accounted for under the program annually.CommentsClose CommentsPermalink




(3) UTILIZATION OF OTHER STUDIES- In carrying out the study required by paragraph (1), the panel may review, and incorporate as appropriate, the findings of applicable ongoing and completed studies in future manpower requirements, including the two-part study by CNA Analysis and Solutions entitled ‘An Analysis of Navy JAG Corps Future Manpower Requirements’.

(4) REPORT- Not later than 120 days after its first meeting under subsection (a)(7), the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the study. The report shall include--

(A) the findings and conclusions of the panel as a result of the study; and

(B) any recommendations for legislative or administrative action that the panel considers appropriate in light of the study.

(c) Personnel MatterDEFINITIONS- In this subsection:CommentsClose CommentsPermalink




(A) The term ‘accounted for’ has the meaning given such term in section 1513(3)(B) of title 10, United States Code.CommentsClose CommentsPermalink





(B) The term ‘POW/MIA accounting community’ has the meaning given such term in section 1509(b)(2) of such title.CommentsClose CommentsPermalink

(a) Department of Defense Policy and Procedures on Media Access at Ceremonies for Dignified Transfer of Remains of Members of the Armed Forces Who Die Overseas-CommentsClose CommentsPermalink





(1) PAY OF MEMBERS- (A) Members of the panel established under subsection (a) shall serve without pay by reason of their work on the panel.(B)Section 1342 of title 31, United States Code, shall not applyOLICY REQUIRED- Not later than April 1, 2010, the Secretary of Defense shall prescribe a policy guaranteeing media access at ceremonies for the dignified transfer of remains of members of the Armed Forces who die while located or serving overseas (in this section referred to as ‘military decedents’) when approved by the primary next of kin of such military decedents.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) ELEMENTS- The policy developed under paragraph (1) shall include, but not be limited to, the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Transportation to Transfer Ceremonies-CommentsClose CommentsPermalink





(1) PROVISION OF TRANSPORTATION REQUIRED- Section 411f of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; andCommentsClose CommentsPermalink





(B) by inserting after subsection (d) the following new subsection (e):CommentsClose CommentsPermalink





‘(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 acceptance of services of a member of the panel under this sectionfollowing:CommentsClose CommentsPermalink





‘(A) The primary next of kin of the member.CommentsClose CommentsPermalink





‘(B) Two family members (other than primary next of kin) of the member.CommentsClose CommentsPermalink





‘(C) One or more additional family members of the member, at the discretion of the Secretary.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) Transportation shall be provided under this subsection by means of Invitational Travel Authorizations.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(2) TRAVEL EXPENSES- The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panelCONFORMING AND CLERICAL AMENDMENTS-CommentsClose CommentsPermalink





(A) HEADING AMENDMENT- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

Congress--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) recognizes the courage and sacrifice of the members of the Armed Forces who fought on Tarawa Atoll;CommentsClose CommentsPermalink





(3) acknowledges the dedicated research and efforts by persons to identify, locate, and advocate for the recovery of remains from Tarawa; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Subtitle F--Decorations and AwardsCommentsClose CommentsPermalink

Subtitle G--Military Family Readiness MattersCommentsClose CommentsPermalink

SEC. 551. ADDITIONAL MEMBERS ON THE61. ESTABLISHMENT OF ONLINE RESOURCES TO PROVIDE INFORMATION ABOUT BENEFITS AND SERVICES AVAILABLE TO MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.CommentsClose CommentsPermalink

SEC. 562. ADDITIONAL MEMBERS ON DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL.CommentsClose CommentsPermalink

Section 1781a(b)(1(a) Reserve Component Representation- Paragraph (1) of section 1781a(b) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;CommentsClose CommentsPermalink





(2) by inserting after subparagraph (B) the following new subparagraph (C):CommentsClose CommentsPermalink





‘(C) In addition to the representatives appointed under subparagraph (B)--CommentsClose CommentsPermalink





‘(i) one representative from the Army National Guard or Air National Guard, who shall be appointed by the Secretary of Defense; andCommentsClose CommentsPermalink





‘(ii) one representative from a reserve component of the armed forces (other than the National Guard), who shall be so appointedthe Army Reserve, Navy Reserve, Marine Corps Reserve, or Air Force Reserve, who shall be appointed by the Secretary of Defense.’; andCommentsClose CommentsPermalink





(3) in subparagraph (E), as redesignated by paragraph (1), by striking ‘subparagraph (B)’ and inserting ‘subparagraphs (B) and (C)’.CommentsClose CommentsPermalink





(b) Term; Rotation Among Reserve Components- Paragraph (2) of such section is amended--CommentsClose CommentsPermalink





(1) by striking ‘paragraph (1)(C)’ and inserting ‘subparagraphs (C) and (D) of paragraph (1)’; andCommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink

SEC. 552. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, AND TREATMENT OF SUBSTANCE USE DISORDERS AND DISPOSITION OF SUBSTANCE ABUSE OFFENDERS IN THE ARMED FORCES.

(a) Review and Assessment of Current Capabilities-

(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, conduct a comprehensive review of the following:

(A) The programs and activiti63. SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.CommentsClose CommentsPermalink

‘Sec. 1781c. Office of Community Support for Military Families With Special NeedsCommentsClose CommentsPermalink

‘(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’).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 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)who are members of the Senior Executive Service or members of the armed forces in a general or flag grade.CommentsClose CommentsPermalink




‘(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.CommentsClose CommentsPermalink





‘(d) Responsibilities- The Office shall have the responsibilities as follows:CommentsClose CommentsPermalink





‘(1) To develop and implement a comprehensive policy on support for military families with special needs as required by subsection (e).CommentsClose CommentsPermalink





‘(2) To establish and oversee the programs required by subsection (f).CommentsClose CommentsPermalink





‘(3) To identify gaps in services available through the Department of Defense for military families with special needs.CommentsClose CommentsPermalink





‘(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 (including through the provision of training and seminars to members of the armed forces).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 include, but not be limited to, an assessment of each of the following:(A) The current state and effectiveness of the programs of the Department of Defense and the military departments relating tospecify.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The policy developed under this subsection shall include elements regarding the following:CommentsClose CommentsPermalink





‘(A) The assignment of members of the armed forces who are members of military families with special needs.CommentsClose CommentsPermalink





‘(B) Support for military families with special needs.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) Assignment to locations where care and support for family members with special needs are available.CommentsClose CommentsPermalink





‘(B) Stabilization of assignment for a minimum of 4 years.CommentsClose CommentsPermalink





‘(4) In addressing support for military families under paragraph (2)(B), the policy developed under this subsection shall provide the following:CommentsClose CommentsPermalink





‘(A) Procedures to identify members of the armed forces who are members of military families with special needs.CommentsClose CommentsPermalink





‘(B) Mechanisms to ensure timely and accurate evaluations of members of such families who have special needs.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(E) Requirements for resources (including staffing) to ensure the availability through the Department of Defense of appropriate numbers of case managers to provide individualized support for military families with special needs.CommentsClose CommentsPermalink





‘(F) Requirements regarding the development and continuous updating of an individualized services plan (medical and educational) for each military family with special needs.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) assist military families in identifying whether or not they have a member with special needs; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(g) Resources- The Secretary of Defense shall assign to the Office such resources, including personnel, as the Secretary considers necessary for the prevention, diagnosis, and treatment of substance use disorderdischarge 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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) Each report under this subsection shall include the following:CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) A description of the actions being taken, or planned, to address such gaps, including any plans developed under subsection (d)(4).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘1781c. Office of Community Support for Military Families With Special Needs.’.CommentsClose CommentsPermalink





(3) REPEAL OF SUPERSEDED AUTHORITY- Section 587 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 133; 10 U.S.C. 1781 note) is repealed.CommentsClose CommentsPermalink





(b) Foundation for Support of Military Families With Special Needs-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) PURPOSES- The purposes of the foundation shall be to assist the Department of Defense as follows:CommentsClose CommentsPermalink





(A) In conducting outreach to identify military families with special needs.CommentsClose CommentsPermalink





(B) In developing programs to support and provide services to military families with special needs.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(D) In conducting research on the following:CommentsClose CommentsPermalink





(i) The adequacy of the availability of and access to care for substance abusers in military medical treatment facilities and under the TRICARE program.(C) The adequacy of oversight by the Department of Defense of programs relatingunique factors associated with a military career (including deployments of members of the Armed Forces) and their effects on families and individuals with special needs.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(E) In providing vocational education and training for adolescent and adult members of military families with special needs.CommentsClose CommentsPermalink





(F) In carrying out other initiatives to contribute to improved support for military families with special needs.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) A description of the programs and activities of the foundation.CommentsClose CommentsPermalink





(B) The budget of the foundation, including the sources of any funds provided to the prevention, diagnosis, and treatment of substance abuse in members of the Armed Forces.

(D) The adequacy and appropriateness of current credentials and other requirements for healthcare professionals treating members of the Armed Forces with substance use disorders.

(E) The advisable ratio of physician and nonphysician care providers for substance use disorders to members of the Armed Forces with such disorders.

(F) The adequacy and appropriateness of protocols and directives for the diagnosis and treatment of substance use disorders in members of the Armed Forces and for the disposition, including disciplinary action and administrative separation, of members of the Armed Forces who abuse substances.

(G) The adequacy of the availability of and access to care for substance use disorders for members of the reserve components of the Armed Forces, including an identification of any obstacles that are unique to the prevention, diagnosis, and treatment of substance use disorders and the appropriate disposition of substance abuse offenders (including disciplinary action and administrative separation) in members of the reserve components of the Armed Forces.

(H) The adequacy of the prevention, diagnosis, and treatment of substance use disorders in family members of members of the Armed Forces.

(I) Any gaps in the current capabilities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces.

(3) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the findings and recommendations of the Secretary as a result of the review conducted under paragraph (1). The report shall--

(A) set forth the findings and recommendations of the Secretary regarding each element of the review specified in paragraph (2);

(B) set forth relevant statistics on the frequency of substance use disorders, disciplinary actions, and administrative separations for substance abuse in members of the regular components of the Armed Forces, members of the reserve component of the Armed Forces, and to the extent applicable, dependents of such members (including spouses and children); and

(C) include such other findings and recommendations on improvements to the current capabilities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and the policies relating to the disposition, including disciplinary action and administrative separation, of members of the Armed Forces for substance abuse, as the Secretary considers appropriate.

(b) Plan for Improvement and Enhancement of Programs and Policifoundation.CommentsClose CommentsPermalink




(5) MILITARY FAMILY WITH SPECIAL NEEDS DEFINED- In this subsection, the term ‘military family with special needs’ has the meaning given such term in section 1781c(i) of title 10, United States Code (as added by subsection (a)).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Eligible Military Spouses-CommentsClose CommentsPermalink





(1) PLAN REQUIRED- Not later than 270 days after the date of the enactment of this ActELIGIBILITY- 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).CommentsClose CommentsPermalink





(2) EXCLUSIONS- Reimbursement may not be provided with respect to the following persons:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) A person who is also a member of the Armed Forces on active duty.CommentsClose CommentsPermalink





(C) A person who is a retired member of the Armed Forces.CommentsClose CommentsPermalink





(c) Funding Source- Amounts authorized to be appropriated for operation and maintenance, for Defense-wide activities, shall be available to carry out this section.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Reporting Requirement- Not later than January 1, 2012, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for the improvement and enhancement of the following:

(A) The programs and activities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and their dependent family members.

(B) The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation.

(2) BASIS- The comprehensive plan required by paragraphreport 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.CommentsClose CommentsPermalink

(a) General Requirements for Leave-CommentsClose CommentsPermalink





(1) shall take into account the following:

(A) The results of the review and assessment conducted under subsection (a).

(B) Similar initiatives of the Secretary of Veterans Affairs to expand and improve care for substance use disorders among veterans, including the programs and activities conducted under title I of the Veterans’ Mental Health and Other Care Improvements Act of 2008 (Public Law 110-387; 112 Stat. 4112)DEFINITION OF COVERED ACTIVE DUTY-CommentsClose CommentsPermalink




(A) DEFINITION- Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended--CommentsClose CommentsPermalink





(i) by striking paragraph (14) and inserting the following:CommentsClose CommentsPermalink





‘(14) COVERED ACTIVE DUTY- The term ‘covered active duty’ means--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’; andCommentsClose CommentsPermalink





(ii) by striking paragraph (15) and redesignating paragraphs (16) through (19) as paragraphs (15) through (18), respectively.CommentsClose CommentsPermalink





(B) LEAVE- Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--CommentsClose CommentsPermalink





(i) in subsection (a)(1)(E)--CommentsClose CommentsPermalink





(I) by striking ‘active duty’ each place it appears and inserting ‘covered active duty’; andCommentsClose CommentsPermalink





(II) by striking ‘in support of a contingency operation’; andCommentsClose CommentsPermalink





(ii) in subsection (e)(3)--CommentsClose CommentsPermalink





(I) in the paragraph heading, by striking ‘ACTIVE DUTY’ and inserting ‘COVERED ACTIVE DUTY’;CommentsClose CommentsPermalink





(II) by striking ‘active duty’ each place it appears and inserting ‘covered active duty’; andCommentsClose CommentsPermalink





(III) by striking ‘in support of a contingency operation’.CommentsClose CommentsPermalink





(C) CONFORMING AMENDMENT- Section 103(f) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in the subsection heading, by striking ‘Active Duty’ each place it appears and inserting ‘Covered Active Duty’.CommentsClose CommentsPermalink





(2) DEFINITION OF COVERED SERVICEMEMBER- Paragraph (15) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) is amended to read as follows:CommentsClose CommentsPermalink





‘(15) COVERED SERVICEMEMBER- The term ‘covered servicemember’ means--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(3) COMPREHENSIVE STATEMENT OF POLICY- The comprehensive plan required by paragraph (1) shall include a comprehensive statement of the following:

(A) The policy of the Department of Defense regarding the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and their dependent family members.

(B) The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separationDEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN- Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is further amended by striking paragraph (18) (as redesignated by paragraph (1)(A)(ii)) and inserting the following:CommentsClose CommentsPermalink




‘(18) SERIOUS INJURY OR ILLNESS- The term ‘serious injury or illness’--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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 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.CommentsClose CommentsPermalink





‘(19) VETERAN- The term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.’.CommentsClose CommentsPermalink





(4) AVAILABILITY OF SERVICES AND TREATMENT- The comprehensive plan required by paragraphTECHNICAL AMENDMENT- Section 102(e)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is amended by striking ‘or parent’ and inserting ‘parent, or covered servicemember’.CommentsClose CommentsPermalink





(5) REGULATIONS- In prescribing regulations to carry out the amendments made by this subsection, the Secretary of Labor shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable.CommentsClose CommentsPermalink





(b) Leave for Civil Service Employees-CommentsClose CommentsPermalink





(1) shall include mechanisms to ensure the availability to members of the Armed Forces and their dependent family membersEXIGENCY LEAVE FOR SERVICEMEMBERS ON COVERED ACTIVE DUTY-CommentsClose CommentsPermalink





(A) DEFINITION- Section 6381(7) of title 5, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(7) the term ‘covered active duty’ means--CommentsClose CommentsPermalink





‘(A) in the case of a member of a core of evidence-based practices across the spectrum of medical and non-medial services and treatments for substance use disordersregular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; andCommentsClose CommentsPermalink





‘(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;’.CommentsClose CommentsPermalink





(B) LEAVE- Section 6382 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(i) in subsection (a)(1), by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(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.’;CommentsClose CommentsPermalink





(iii) in subsection (d), by striking ‘or (D)’ and inserting ‘(D), or (E)’; andCommentsClose CommentsPermalink





(iv) in subsection (e), by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(C) CERTIFICATION- Section 6383(f) of title 5, United States Code, is amended by striking ‘section 6382(a)(3)’ and inserting ‘paragraph (1)(E) or (3) of section 6382(a)’.CommentsClose CommentsPermalink





(2) DEFINITION OF COVERED SERVICEMEMBER- Paragraph (8) of section 6381 of title 5, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(8) the term ‘covered servicemember’ means--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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;’.CommentsClose CommentsPermalink





(3) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN- Section 6381 of title 5, United States Code, is further amended--CommentsClose CommentsPermalink





(A) in paragraph (10), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(B) by striking paragraph (11) and inserting the following:CommentsClose CommentsPermalink





‘(11) the term ‘serious injury or illness’--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(12) the term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.’.CommentsClose CommentsPermalink





(4) TECHNICAL AMENDMENT- Section 6382(e)(2)(A) of title 5, United States Code, is amended by striking ‘or parent’ and inserting ‘parent, or covered servicemember’.CommentsClose CommentsPermalink





(5) REGULATIONS- In prescribing regulations to carry out the amendments made by this subsection, the Office of Personnel Management shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable.CommentsClose CommentsPermalink

SEC. 567. IMPROVED PREVENTION AND REDUCTION OF DISORDERS- The comprehensive plan required by paragraph (1) shall include mechanisms to facilitate the prevention and reduction of substance use disorders in members of the Armed Forces through science-based initiatives, including education programs, for members of the Armed Forces and their families.(6) SPECIFIC INSTRUCTIONS- The comprehensive plan required by paragraphSPONSE TO ALLEGATIONS OF SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

(a) Prevention and Response Plan- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a revised plan for the implementation of policies aimed at preventing and responding effectively to sexual assaults involving members of the Armed Forces. The revised implementation plan shall include, at a minimum, the following elements:CommentsClose CommentsPermalink





(1) New initiatives aimed at reducing the number of sexual assaults, including timelines for implementation of such initiatives.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) Actions taken to implement recommendations of the Defense Task Force on Sexual Assault in the Military Services established pursuant to section 576 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 4331 note).CommentsClose CommentsPermalink





(6) Information about the funding needed to fully implement initiatives aimed at preventing and responding to sexual assault involving members of the Armed Forces.CommentsClose CommentsPermalink





(b) Sexual Assault Medical Forensic Examinations-CommentsClose CommentsPermalink





(1) shall include each ofCAPABILITY TO CONDUCT TIMELY SEXUAL ASSAULT MEDICAL FORENSIC EXAMINATIONS IN COMBAT ZONES- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating the protocols and capabilities of the Armed Forces to conduct timely and effective sexual assault medical forensic examinations in combat zones. The report shall include, at a minimum, the following:CommentsClose CommentsPermalink





(A) SUBSTANCES OF ABUSE- Instructions on the prevention, diagnosis, and treatment of substance abuse in members of the Armed Forces, including the abuse of alcohol, illicit drugs, and nonmedical use and abuse of prescription drugs.

(B) HEALTHCARE PROFESSIONALS- Instructions on--

(i) appropriate training of healthcare professionals in the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces;

(ii) appropriate staffing levels for healthcare professionals at military medical treatment facilities for the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces; and

(iii) such uniform training and credentialing requirements for physician and nonphysician healthcare professionals in the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces as the Secretary considers appropriate.

(C) SERVICES FOR DEPENDENT FAMILY MEMBERS- Instructions on the availability of services for substance use disorders for dependent family members of members of the Armed Forces, including instructions on making such services available to such dependents to the maximum extent practicable.

(D) RELATIONSHIP BETWEEN DISCIPLINARY ACTION AND TREATMENT- Policy on the relationship between disciplinary actions and administrative separation processing and prevention and treatment of substance use disorders in members of the Armed Forces.

(E) CONFIDENTIALITY-The current availability of sexual assault medical forensic examination protocols, trained personnel, and requisite equipment in combat zones.CommentsClose CommentsPermalink




(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.CommentsClose CommentsPermalink





(C) Recommendations regarding policies pertaining to confidentiality for members of the Armed Forces in seeking or receiving services or treatment for substance use disorders.

(F) PARTICIPATION OF CHAIN OF COMMAND- Policy on appropriate consultation, reference to, and involvement of the chain of command of members of the Armed Forces in matters relating to the diagnosis and treatment of substance abuse and disposition of military members who abuse substances.

(G) CONSIDERATION OF GENDER- Instructions on gender specific requirements, if appropriate, in the prevention, diagnosis, treatment, and management of substance use disorders in members of the Armed Forces, including gender specific care and treatment requirements.

(H) COORDINATION WITH OTHER HEALTHCARE INITIATIVES- Instructions on the integration of efforts on the prevention, diagnosis, treatment, and management of substance use disorders in members of the Armed Forces with efforts to address co-occurring health care disorders (such as post-traumatic stress disorder (PTSD) and depression) and suicide prevention.

(7) OTHER ELEMENTS- In addition to the matters specified in paragraph (3), the comprehensive plan required by paragraph (1) shall include the following:

(A) IMPLEMENTATION PLAN- An implementation plan for the achievement of the goals of the comprehensive plan, including goals relating to the following:

(i) Enhanced education of members of the Armed Forces and their families regarding substance use disorders.

(ii) Enhanced and improved identification and diagnosis of substance use disorders in members of the Armed Forces and their families.

(iii) Enhanced and improved access of members of the Armed Forces to services and treatment for and management of substance use disorders.

(iv) Appropriate staffing of military medical treatment facilities and other facilities for the treatment of substance use disorders inimproved capability to conduct timely and effective sexual assault medical forensic examinations in combat zones.CommentsClose CommentsPermalink




(2) TRICARE COVERAGE FOR FORENSIC MEDICAL EXAMINATIONS FOLLOWING SEXUAL ASSAULTS- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the progress made in implementing section 1079(a)(17) of title 10, United States Code, as added by section 701 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2279).CommentsClose CommentsPermalink





(c) Military Protective Orders-CommentsClose CommentsPermalink





(1) REQUIREMENT FOR DATA COLLECTION-CommentsClose CommentsPermalink





(A) IN GENERAL- Pursuant to regulations prescribed by the Secretary of Defense, information shall be collected on--CommentsClose CommentsPermalink





(i) whether a military protective order was issued that involved either the victim or alleged perpetrator of a sexual assault; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 onSUBMISSION 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.CommentsClose CommentsPermalink





(2) INFORMATION TO MEMBERS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining the measures being taken to ensure that, when a military protective order has been issued, the member of the Armed Forces who is protected by the order is informed, in a timely manner, of the member’s option to request transfer from the command to which the member is assigned.CommentsClose CommentsPermalink





(d) Comptroller General Report-CommentsClose CommentsPermalink





(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, diagnosis, treatment, and management of substance use disorders.

(8) UPDATE IN LIGHT OF INDEPENDENT STUDY- Upon the completion of the study required by subsection (c), the Secretary of Defense shall--

(A) in consultation with the Secretaries of the military departments, make such modifications and improvements to the comprehensive plan required by paragraph (1) as the Secretary of Defense considers appropriate in light of the findings and recommendations of the study; and

(B) submit to the congressional defense committees a report setting forth the comprehensive plan as modified and improved under subparagraph (A).

(c) Independent Report on Substance Use Disorders Programs for Members of the Armed Forces-

(1) STUDY REQUIRED- Upon completion of the policy review required by subsection (a), the Secretary of Defense shall provide for a study on substance use disorders programs for members of the Armed Forces to be conducted by the Institute of Medicine of the National Academies of Sciences or such other independent entity as the Secretary investigation, and adjudication of such allegations under the Uniform Code of Military Justice.CommentsClose CommentsPermalink




(2) ELEMENTS OF REPORT- The report required by paragraph (1) shall select for purposes of the study.

(2) ELEMENTS- The study required by paragraph (1) shall include a review and assessment of the following:

(A) The adequacy and appropriateness of protocols for the diagnosis, treatment, and management of substance use disorders in members of the Armed Forces.

(B) The adequacy of the availability of and access to care for substance use disorders in military medical treatment facilities and under the TRICARE program.

(C) The adequacy and appropriateness of current credentials and other requirementrefer to and incorporate the recommendations of the Defense Task Force on Sexual Assault in the Military Services regarding investigation and adjudication of sexual assault, and include a review of the following:CommentsClose CommentsPermalink




(A) The procedures required by each of the Armed Forces for physician and non-physician healthcare professionals treating members of the Armed Forces with substance use disorders.

(D) The advisable ratio of physician and non-physician care providers for substance use disorders to members of the Armed Forces with such disorders.

(E) The adequacy of the availability of and access to care for substance use disorders for members of the reserve components of the Armed Forces when compared with the availability of and access to care for substance use disorders for members of the regular components of the Armed Forces.

(F) The adequacy of the prevention, diagnosis, treatment, and management of substance use disorder programs for dependent family members of members of the Armed Forces, whether such family members suffer from their own substance use disorder or because of the substance use disorder of a member of the Armed Forces.

(G) Such other matters as the Secretary considers appropriate for purposes of the study.

(3) REPORT- Not later than two years after the date of the enactment of this Act, the entity conducting the study required by paragraph (1) shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the study. The report shall set forth the findings and recommendations of the entity as a result of the studyresponding 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.CommentsClose CommentsPermalink




(B) The scope and effectiveness of personnel training methods regarding investigation and adjudication of sexual assault cases.CommentsClose CommentsPermalink





(C) The capability to investigate and adjudicate sexual assault cases in combat zones.CommentsClose CommentsPermalink





(D) An assessment whether the existing policies of the Department of Defense aimed at preventing and responding to incidents of sexual assault are adequate.CommentsClose CommentsPermalink

SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN WITH AUTISM AND THEIR68. COMPTROLLER GENERAL REPORT ON PROGRESS MADE IN IMPLEMENTING RECOMMENDATIONS TO REDUCE DOMESTIC VIOLENCE IN MILITARY FAMILIES.CommentsClose CommentsPermalink

(a) Policy on Military Community Support Required- The Secretary of Defense shall develop and implement a policy for the Department of Defense on the support of military children with autism and their families. The policy shall seek to establish and further an integrated, family-centered approach to providing services to military children with autism and their families by leveraging the resources of local military communities and local and national public and private entities devoted to research and services for autism.

(b) Program on Support-

(1) PROGRAM REQUIRED- In carrying out the policy required by subsection (a), the Secretary shall develop and carry out a program on support for military children with autism and their families.

(2) ELEMENTS- The program required by this subsection shall provide for broad-based services, including the following:

(A) Research.

(B) Early intervention.

(C) Evidence-based therapeutic and medical services.

(D) Education and training on autism for family members.

(E) Appropriate coordination with applicable school programs.

(F) Vocational training for adolescent military children with autism.

(G) Family counseling for families of military children with autism.

(3) PILOT PROJECTS- In carrying out the program required by this subsection, the Secretary shall conduct one or more pilot projects to assess the effectiveness of various approaches to developing and enhancing integrated community support for military children with autism, including adolescent military children with autism, and their families utilizing the program elements specified in paragraph (2).

(4) CONSULTATION- For purposes of carrying out the requirements of this subsection, the Secretary shall establish a partnership with one or more entities (whether public or private) that provide services or support for, or conduct research on, individuals with autism spectrum disorder and their families.

(c) Reports-

(1) INITIAL REPORT- Not later than 60 days after the dateAssessment- 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).CommentsClose CommentsPermalink




(b) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the actions the Secretary proposes to take to carry out this section and a proposed schedule for the taking of such actions.(2) PILOT PROJECTS- Not later than 60 days after the date of the completion of the pilot project or projects conducted under subsection (b)(3), the SecretaryAct, the Comptroller General shall submit to the congressional defense committees a report on the pilot project or projects. The report shall include a description of the pilot project or projects, an assessment of the lessons learned from the pilot project or projects, and a discussion of the manner in which the lessons so learned shall be integrated into the policy required by subsection (a) and the program required by subsection (b).

(d) Funding- Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(a)(5) for operation and maintenance, Defense-wide activities, $5,000,000 may be available to carry out this section.

(e) Military Children With Autism Defined- In this section, the term ‘military children with autism’ means dependent children of members of the Armed Forces with autism spectrum disordercontaining the results of the review and assessment under subsection (a).CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) an assessment of the impact of domestic violence in families of members of the Armed Forces on the children of such families; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON MILITARY CHILDREN AND THE AVAILABILITY OF MENTAL HEALTH CARE AND COUNSELING SERVICES FOR MILITARY70. REPORT ON INTERNATIONAL INTRAFAMILIAL ABDUCTION OF CHILDREN OF MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

SEC. 571. ASSESSMENT OF IMPACT OF DEPLOYMENT OF MEMBERS OF THE ARMED FORCES ON THEIR DEPENDENT CHILDREN.CommentsClose CommentsPermalink

(a) Impact of Deployments of Military Parents on Military ChildrenAssessment Required-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall undertake a comprehensive assessment of the impacts of military deployment on dependent children of members of the Armed Forces. The assessmentthe dependent children of deployed members of the Armed Forces.CommentsClose CommentsPermalink





(2) CONSIDERATION OF SEPARATE CATEGORIES OF CHILDREN- In conducting the assessment under paragraph (1), the Secretary shall separately address each of the categories of such children as followfollowing categories of dependent children of deployed members:CommentsClose CommentsPermalink





(A) Preschool-age children.CommentsClose CommentsPermalink





(B) Elementary-school age children.CommentsClose CommentsPermalink





(C) Teenage or adolescent children.CommentsClose CommentsPermalink





(2) ELEMENTS- The assessment undertaken under paragraph (1) shall include an assessment of the following:(A3) 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:CommentsClose CommentsPermalink





(A) Two-parent families with only one parent in the Armed Forces.CommentsClose CommentsPermalink





(B) Members who are single parents.CommentsClose CommentsPermalink





(C) Parents who are both members and subject to dual deployments.CommentsClose CommentsPermalink





(b) Elements- The assessment undertaken under subsection (a) shall specifically address the following:CommentsClose CommentsPermalink





(1) The impact that separation due to the deployment of a military parent or parents has on children.CommentsClose CommentsPermalink





(B2) The impact that multiple deployments of a military parent or parents have on children.CommentsClose CommentsPermalink





(C3) The impact that the return from deployment of a severely wounded or injured military parent or parents has on children.CommentsClose CommentsPermalink





(D4) The impact that the death of a military parent or parents in connection with a deployment has on children.CommentsClose CommentsPermalink





(E5) The impact that deployment of a military parent or parents has on children with preexisting psychological conditions, such as anxiety and depression.CommentsClose CommentsPermalink





(F6) 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.CommentsClose CommentsPermalink





(G7) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink





(3) REPORTc) Report- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment undertaken under paragraph (1containing the results of the assessment undertaken under subsection (a), including the findings and recommendations of the Secretary as a result of the assessment.CommentsClose CommentsPermalink

SEC. 55572. REPORT ON CHILD CUSTODY LITIGATION INVOLVING SERVICE OF MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

(a) Report Required- Not later than June 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.CommentsClose CommentsPermalink





(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) A summary of applicable Federal law pertaining to child custody disputes involving members of the Armed Forces.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(8) Such other recommendations for legislative or administrative action as the Secretary considers appropriate.CommentsClose CommentsPermalink

SEC. 556. SENSE OF SENATE ON PREPARATION AND COORDINATION OF FAMILY CARE PLANS.

(a) Findings- The Senate makes the following findings:

(1) Family Care Plans provide a military tool to document the plan by which members of the Armed Forces provide for the care of their family members when military duties prevent members of the Armed Forces from doing so themselves. Properly prepared Family Care Plans are essential to military readiness. Minimizing the strain on members of the Armed Forces of unresolved, challenged, or voided child custody arrangements arising during deployments or temporary duty directly contributes to the national defense by enabling members of the Armed Forces to devote their entire energy to their military mission and duties.

(2) When Family Care Plans are properly prepared and coordinated with all affected parties, the legal difficulties that may otherwise arise in the absence of the military custodial parent often can be minimized, if not eliminated.

(b) Sense of Senate- It is the sense of the Senate that--

(1) the responsibility for establishing workable and legally supportable Family Care Plans lies with the members of the Armed Forces;

(2) notwithstanding that responsibility, commanders should--

(A) ensure that the members of their command fully understand the purpose of the Family Care Plan and its limitations, including the overriding authority of State courts to determine child custody arrangements notwithstanding a Family Care Plan;

(B) understand and emphasize to their members that failure to involve, or at least inform, the non-custodial parent of custody arrangements in anticipation of an absence can undermine the Family Care Plan or even render it useless, in such cases; and

(C) apprise their members of the risks described in subparagraph (B), and strongly encourage them to seek legal assistance, as far in advance of actual absences as practicable;

(3) the Secretary of Defense, and the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy, should ensure that members of the Armed Forces update their Family Care Plans and emphasize--

(A) the importance of prior planning;

(B) that Family Care Plans are necessary not only for the single parent and for the dual military couple but also for a married member of the Armed Forces who has custody of a child pursuant to a court order or separation agreement or who has custody of a child whose other parent is not the current spouse of the member;

(C) that in spite of how important Family Care Plans are to readiness, they are not legal documents that can change a court-mandated custodial arrangement or interfere with the other parent’s right to custody of his or her child;

(D) that, to the greatest extent possible, a member of the Armed Forces should inform the other parent of the member’s impending absence due to military orders if such absence prohibits the member from fulfilling the member’s custody responsibilities and inform that other parent of the Family Care Plan;

(E) that a member of the Armed Forces should attempt to obtain the consent of the non-custodial or adoptive parent to any Family Care Plan that would leave the child in the care of a third party; and

(F) that if a member of the Armed Forces cannot or will not contact the non-custodial parent or cannot obtain that parent’s consent to the Family Care Plan, the commander of the member should--

(i) counsel the member about the implications; and

(ii) encourage in the strongest possible terms that the member seek immediate help from a legal assistance attorney or other qualified legal counsel; and

(4) attorneys providing legal assistance as described in paragraph (3)(F)(ii) should provide members of the Armed Forces a full explanation of the dangers of not involving the non-custodial parent and discuss appropriate courses of action.

SEC. 557. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY HEALING AND RESPONSE TRAINING UNDER THE YELLOW RIBBON REINTEGRATION PROGRAM.

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) is amended--

(1) in subsection (h)--

(A) by striking paragraph (3); and

(B) by redesignating paragraphs (4) through (15) as paragraphs (3) through (14), respectively; and

(2) by adding at the end the following new subsection:

‘(i) Suicide Prevention and Community Healing and Response Program-

‘(1) ESTABLISHMENT- As part of the Yellow Ribbon Reintegration Program, the Office for Reintegration Programs shall establish a program to provide National Guard and Reserve members and their families, and in coordination with community programs, assist the communities, with training in suicide prevention and community healing and response to suicide.

‘(2) DESIGN- In establishing the program under paragraph (1), the Office for Reintegration Programs shall consult with--

‘(A) persons that have experience and expertise with combining military and civilian intervention strategies that reduce risk and promote healing after a suicide attempt or suicide death for National Guard and Reserve members; and

‘(B) the adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.

‘(3) OPERATION-

‘(A) SUICIDE PREVENTION TRAINING- The Office for Reintegration Programs shall provide National Guard and Reserve members with training in suicide prevention. Such training shall include--

‘(i) describing the warning signs for suicide and teaching effective strategies for prevention and intervention;

‘(ii) examining the influence of military culture on risk and protective factors for suicide; and

‘(iii) engaging in interactive case scenarios and role plays to practice effective intervention strategies.

‘(B) COMMUNITY HEALING AND RESPONSE TRAINING- The Office for Reintegration Programs shall provide the families and communities of National Guard and Reserve members with training in responses to suicide that promote individual and community healing. Such training shall include--

‘(i) enhancing collaboration among community members and local service providers to create an integrated, coordinated community response to suicide;

‘(ii) communicating best practices for preventing suicide, including safe messaging, appropriate memorial services, and media guidelines;

‘(iii) addressing the impact of suicide on the military and the larger community, and the increased risk that can result; and

‘(iv) managing resources to assist key community and military service providers in helping the families, friends, and fellow soldiers of a suicide victim through the processes of grieving and healing.

‘(C) COLLABORATION WITH CENTERS OF EXCELLENCE- The Office for Reintegration Programs, in consultation with the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, shall collect and analyze ‘lessons learned’ and suggestions from State National Guard and Reserve organizations with existing or developing suicide prevention and community response programs.

‘(4) TERMINATION- The program established under this subsection shall terminate on October 1, 2012.’.

SEC. 558. REPORT ON YELLOW RIBBON REINTEGRATION PROGRAM.

(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the various reintegration programs being administered in support of National Guard and Reserve members and their families.

(b) Elements- The report required by subsection (a) shall include the following:

(1) An evaluation of the initial implementation of the Yellow Ribbon Reintegration Program in fiscal year 2009, including an assessment of the best practices from pilot programs offered by various States to provide supplemental services to Yellow Ribbon and the feasibility of incorporating those practices into Yellow Ribbon.

(2) An assessment of the extent to which Yellow Ribbon funding, although requested in multiple component accounts, supports robust joint programs that provide reintegration and support services to National Guard and Reserve members and their families regardless of military affiliation.

(3) An assessment of the extent to which Yellow Ribbon programs are coordinating closely with the Department of Veterans Affairs and its various veterans’ programs.

(4) Plans for further implementation of the Yellow Ribbon Reintegration Program in fiscal year 2010.

SEC. 559. IMPROVED ACCESS TO MENTAL HEALTH CARE FOR FAMILY MEMBERS OF MEMBERS OF THE NATIONAL GUARD AND RESERVE WHO ARE DEPLOYED OVERSEAS.

(a) Initiative To Increase Access to Mental Health Care-

(1) IN GENERAL- The Secretary of Defense shall develop and implement a plan to expand existing initiatives of the Department of Defense to increase access to mental health care for family members of members of the National Guard and Reserve deployed overseas during the periods of mobilization, deployment, and demobilization of such members of the National Guard and Reserve.

(2) ELEMENTS- The plan required by paragraph (1) shall include the following:

(A) Programs and activities to educate family members of members of the National Guard and Reserve who are deployed overseas on potential mental health challenges connected with such deployment.

(B) Programs and activities to provide such family members with complete information on all mental health resources available to such family members through the Department of Defense and otherwise.

(C) Efforts to expand counseling activities for such family members in local communities.

(b) Reports-

(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, and at such times thereafter as the Secretary of Defense considers appropriate, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on this section.

(2) ELEMENTS- Each report shall include the following:

(A) A current assessment of the extent to which family members of members of the National Guard and Reserve who are deployed overseas have access to, and are utilizing, mental health care available under this section.

(B) A current assessment of the quality of mental health care being provided to family members of members of the National Guard and Reserve who are deployed overseas, and an assessment of expanding coverage for mental health care services under the TRICARE program to mental health care services provided at facilities currently outside the network of the TRICARE program.

(C) Such recommendations for legislative or administration action as the Secretary considers appropriate in order to further assure full access to mental health care by family members of members of the National Guard and Reserve who are deployed overseas during the mobilization, deployment, and demobilization of such members of the National Guard and Reserve.

SEC. 560. FULL ACCESS TO MENTAL HEALTH CARE FOR FAMILY MEMBERS OF MEMBERS OF THE NATIONAL GUARD AND RESERVE WHO ARE DEPLOYED OVERSEAS.

(a) Expanded Initiative To Increase Access to Mental Health Care-

(1) IN GENERAL- The Secretary of Defense shall expand existing Department of Defense initiatives to increase access to mental health care for family members of members of the National Guard and Reserve deployed overseas during the periods of mobilization, deployment, and demobilization of such members of the National Guard and Reserve.

(2) ELEMENTS- The expanded initiatives, which shall build upon and be consistent with ongoing efforts, shall include the following:

(A) Programs and activities to educate the family members of members of the National Guard and Reserve who are deployed overseas on potential mental health challenges connected with such deployment.

(B) Programs and activities to provide such family members with complete information on all mental health resources available to such family members through the Department of Defense and otherwise.

(C) Guidelines for mental health counselors at military installations in communities with large numbers of mobilized members of the National Guard and Reserve to expand the reach of their counseling activities to include families of such members in such communities.

(b) Reports-

(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, and at such times as the Secretary deems appropriate thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on this section.

(2) ELEMENTS- Each report shall include the following:

(A) A current assessment of the extent to which family members of members of the National Guard and Reserve who are deployed overseas have access to, and are utilizing, mental health care available under this section.

(B) A current assessment of the quality of mental health care being provided to family members of members of the National Guard and Reserve who are deployed overseas, and an assessment of expanding coverage for mental health care services under the TRICARE program to mental health care services provided at facilities currently outside the accredited network of the TRICARE program.

(C) Such recommendations for legislative or administration action as the Secretary considers appropriate in order to further assure full access to mental health care by family members of members of the National Guard and Reserve who are deployed overseas during the mobilization, deployment, and demobilization of such members of the National Guard and Reserve.

SEC. 56173. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE FOR DEPLOYED MEMBERS OF THE RESERVE COMPONENTMEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

(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, including through the Operation: Military Child Care and Military Child Care in Your Neighborhood programs, to members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation 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).CommentsClose CommentsPermalink





(b) Elements- The report required by subsection (a) shall include an assessment of the following:CommentsClose CommentsPermalink





(1) The types of financial assistance for child care made available by the Department of Defense to members of the reserve components of the Armed Forces who are deployed in connection with a contingency operationArmed Forces (including members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation).CommentsClose CommentsPermalink





(2) The extent to which such members have taken advantage of such assistance since such assistance was first made available.CommentsClose CommentsPermalink





(3) The formulas used for calculating the amount of such assistance provided to such members.CommentsClose CommentsPermalink





(4) The funding allocated to such assistance.CommentsClose CommentsPermalink





(5) The remaining costs of child care to families of such members that are not covered by the Department of Defense.CommentsClose CommentsPermalink





(6) Any barriers to access to such assistance faced by such members and the families of such members.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(9) The number of qualified families that do not receive any financial assistance for child care made available by the Department of Defense.CommentsClose CommentsPermalink





(10) Any other matters the Comptroller General determines relevant to the improvement of financial assistance for child care made available by the Department of Defense to members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation.

Subtitle G--Other Matters

SEC. 571. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN THE ARMED FORCES BY DEFENSE TASK FORCE ON SEXUAL ASSAULT IN THE MILITARY SERVICES.

Section 576(e)(1) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1924; 10 U.S.C. 4331 note) is amended by striking ‘one year after the initiation of its examination under subsection (b)’ and inserting ‘December 1, 2009’.

SEC. 572. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY MUSICAL UNITS AND MUSICIANS.

(a) Clarification-Section 974 of title 10, United States Code, is amended to read as follows:

‘Sec. 974. Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians

‘(a) Military Musicians Performing in an Official Capacity- (1) A military musical unit, and a member of the armed forces who is a member of such a unit performing in an official capacity, may not engage in the performance of music in competition with local civilian musicians.

‘(2) For purposes of paragraph (1), the following shall, except as provided in paragraph (3), be included among the performances that are considered to be a performance of music in competition with local civilian musicians:

‘(A) A performance that is more than incidental to an event that--

‘(i) is not supported, in whole or in part, by United States Government funds; and

‘(ii) is not free to the public.

‘(B) A performance of background, dinner, dance, or other social music at an event that--

‘(i) is not supported, in whole or in part, by United States Government funds; and

‘(ii) is held at a location not on a military installation.

‘(3) For purposes of paragraph (1), the following shall not be considered to be a performance of music in competition with local civilian musicians:

‘(A) A performance (including background, dinner, dance, or other social music) at an official United States Government event that is supported, in whole or in part, by United States Government funds.

‘(B) A performance at a concert, parade, or other event, that--

‘(i) is a patriotic event or a celebration of a national holiday; and

‘(ii) is free to the public.

‘(C) A performance that is incidental to an event that--

‘(i) is not supported, in whole or in part, by United States Government funds; or

‘(ii) is not free to the public.

‘(D) A performance (including background, dinner, dance, or other social music) at--

‘(i) an event that is sponsored by or for a military welfare society, as defined in section 2566 of this title;

‘(ii) an event that is a traditional military event intended to foster the morale and welfare of members of the armed forces and their families; or

‘(iii) an event that is specifically for the benefit or recognition of members of the armed forces, their family members, veterans, civilian employees of the Department of Defense, or former civilian employees of the Department of Defense, to the extent provided in regulations prescribed by the Secretary of Defense.

‘(E) A performance (including background, dinner, dance, or other social music)--

‘(i) to uphold the standing and prestige of the United States with dignitaries and distinguished or prominent persons or groups of the United States or another nation; or

‘(ii) in support of fostering and sustaining a cooperative relationship with another nation.

‘(b) Prohibition of Military Musicians Accepting Additional Remuneration for Official Performances- A military musical unit, and a member of the armed forces who is a member of such a unit performing in an official capacity, may not receive remuneration for an official performance, other than applicable military pay and allowances.

‘(c) Recordings- (1) When authorized under regulations prescribed by the Secretary of Defense for purposes of this section, a military musical unit may produce recordings for distribution to the public, at a cost not to exceed expenses of production and distribution.

‘(2) Amounts received in payment for a recording distributed to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of the recording. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.

‘(d) Performances at Foreign Locations- Subsection (a) does not apply to a performance outside the United States, its commonwealths, or its possessions.

‘(e) Military Musical Unit Defined- In this section, the term ‘military musical unit’ means a band, ensemble, chorus, or similar musical unit of the armed forces.’.

(b) Clerical Amendment- The item relating to such section in the table of sections at the beginning of chapter 49 of such title is amended to read as follows:

‘974. Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians.’.

SEC. 573. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL FOR VOTING PURPOSES.

(a) In General- Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended--

(1) by striking ‘For’ and inserting the following:

‘(a) In General- For’;

(2) by adding at the end the following new subsection:

‘(b) Spouses- For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence--

‘(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;

‘(2) be deemed to have acquired a residence or domicile in any other State; or

‘(3) be deemed to have become a resident in or a resident of any other State.’; and

(3) in the section heading, by inserting ‘and spouses of military personnel’ before the period at the end.

(b) Clerical Amendment- The table of contents in section 1(b) of such Act (50 U.S.C. App. 501) is amended by striking the item relating to section 705 and inserting the following new item:

‘Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.’.

(c) Application- Subsection (b) of section 705 of such Act (50 U.S.C. App. 595), as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act, regardless of the date of the military or naval order concerned.

SEC. 574. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF SPOUSES OF MILITARY PERSONNEL.

(a) In General- Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App. 571) is amended--

(1) in subsection (a)--

(A) by striking ‘A servicemember’ and inserting the following:

‘(1) IN GENERAL- A servicemember’; and

(B) by adding at the end the following:

‘(2) SPOUSES- A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.’;

(2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;

(3) by inserting after subsection (b) the following new subsection:

‘(c) Income of a Military Spouse- Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely to be with the servicemember serving in compliance with military orders.’; and

(4) in subsection (d), as redesignated by paragraph (2)--

(A) in paragraph (1), by inserting ‘or the spouse of a servicemember’ after ‘The personal property of a servicemember’; and

(B) in paragraph (2), by inserting ‘or the spouse’s’ after ‘servicemember’s’.

(b) Application- Subsections (a)(2) and (c) of section 511 of such Act (50 U.S.C. App. 571), as added by subsection (a) of this section, and the amendments made to such section 511 by subsection (a)(4) of this section, shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act.

SEC. 575. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR SPOUSES OF MILITARY PERSONNEL.

(a) In General- Section 508 of the Servicemembers Civil Relief Act (50 U.S.C. App. 568) is amended in subsection (b) by inserting ‘or the spouse of such servicemember’ after ‘a servicemember in military service’.

(b) Application- The amendment made by subsection (a) shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511)) on or after the date of the enactment of this Act.

SEC. 576. MODIFICATION OF DEPARTMENT OF DEFENSE SHARE OF EXPENSES UNDER NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

(a) Modification-Section 509(d)(1) of title 32, United States Code, is amended by striking ‘may not exceed’ and all that follows and inserting ‘may not exceed the amount as follows:

‘(A) In the case of a State program of the Program in either of its first two years of operation, an amount equal to 100 percent of the costs of operating the State program in that fiscal year.

‘(B) In the case of any other State program of the Program, an amount equal to 75 percent of the costs of operating the State program in that fiscal year.’.

(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to fiscal years beginning on or after that date.

SEC. 577. PROVISION TO MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES OF COMPREHENSIVE INFORMATION ON BENEFITS FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.

(a) Provision of Comprehensive Information Required- The Secretary of the military department concerned shall, at each time specified in subsection (b), provide to each member of the Armed Forces and, when practicable, the family members of such member comprehensive information on the benefits available to such member and family members as described in subsection (c), including the estimated monetary amount of such benefits and of any applicable offsets to such benefits.

(b) Times for Provision of Information- Comprehensive information on benefits shall be provided a member of the Armed Forces and family members at each time as follows:

(1) Within 180 days of the enlistment, accession, or commissioning of the member as a member of the Armed Forces.

(2) Within 180 days of a determination that the member--

(A) has incurred a service-connected disability; and

(B) is unfit to perform the duties of the member’s office, grade, rank, or rating because of such disability.

(3) Upon the discharge, separation, retirement, or release of the member from the Armed Forces.

(c) Covered Benefits- The benefits on which a member of the Armed Forces and family members shall be provided comprehensive information under this section shall be as follows:

(1) At all the times described in subsection (b), the benefits shall include the following:

(A) Financial compensation, including financial counseling.

(B) Health care and life insurance programs for members of the Armed Forces and their families.

(C) Death benefits.

(D) Entitlements and survivor benefits for dependents of the Armed Forces, including offsets in the receipt of such benefits under the Survivor Benefit Plan and in connection with the receipt of dependency and indemnity compensation.

(E) Educational assistance benefits, including limitations on and the transferability of such assistance.

(F) Housing assistance benefits, including counseling.

(G) Relocation planning and preparation.

(H) Such other benefits as the Secretary concerned considers appropriate.

(2) At the time described in paragraph (1) of such subsection, the benefits shall include the following:

(A) Maintaining military records.

(B) Legal assistance.

(C) Quality of life programs.

(D) Family and community programs.

(E) Such other benefits as the Secretary concerned considers appropriate.

(3) At the times described in paragraphs (2) and (3) of such subsection, the benefits shall include the following:

(A) Employment assistance.

(B) Continuing Reserve Component service.

(C) Disability benefits, including offsets in connection with the receipt of such benefits.

(D) Benefits and services provided under laws administered by the Secretary of Veterans Affairs.

(E) Such other benefits as the Secretary concerned considers appropriate.

(d) Biennial Notice to Members of the Armed Forces on the Value of Pay and Benefits-

(1) BIENNIAL NOTICE REQUIRED- The Secretary of each military department shall provide to each member of the Armed Forces under the jurisdiction of such Secretary on a biennial basis notice on the value of the pay and benefits paid or provided to such member by law during the preceding year. The notice may be provided in writing or electronically, at the election of the Secretary.

(2) ELEMENTS- Each notice provided a member under paragraph (1) shall include the following:

(A) A statement of the estimated value of the military health care, retirement benefits, disability benefits, commissary and exchange privileges, government-provided housing, tax benefits associated with service in the Armed Forces, and special pays paid or provided the member during the preceding 24 months.

(B) A notice regarding the death and survivor benefits, including Servicemembers’ Group Life Insurance, to which the family of the member would be entitled in the event of the death of the member, and a description of any offsets that might be applicable to such benefits.

(C) Information on other programs available to members of the Armed Forces generally, such as access to morale, welfare, and recreation (MWR) facilities, child care, and education tuition assistance, and the estimated value, if ascertainable, of the availability of such programs in the area where the member is stationed or resides.

(e) Other Outreach-

(1) IN GENERAL- The Secretaries of the military departments shall, on a periodic basis, conduct outreach on the pay, benefits, and programs and services available to members of the Armed Forces by reason of service in the Armed Forces. The outreach shall be conducted pursuant to public service announcements, publications, and such other announcements through general media as will serve to disseminate the information broadly among the general public.

(2) INTERNET OUTREACH WEBSITE-

(A) IN GENERAL- The Secretary of Defense shall establish an Internet website for the purpose of providing the comprehensive information about the benefits and offsets described in subsection (c)to expand access for child care made available by the Department of Defense to members of the Armed Forces and their families.

(B) CONTACT INFORMATION- The Internet website required by subparagraph (A) shall provide contact information, both telephone and e-mail, that a member of the Armed Forces and a family member of the member can use to get personalized information about the benefits and offsets described in subsection (c).

(f) Reports-

(1) INITIAL REPORT- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the requirements of this section by the Department of Defense. Such report shall include a description of the quality and scope of available online resources that provide information about benefits for members of the Armed Forces and their families.

(2) RECORDS MAINTAINED- The Secretary of Defense or the military department concerned shall maintain records that contain the number of individuals that received a briefing under this section in the previous year disaggregated by the following:

(A) Whether the individual is a member of the Armed Forces or a family member of a member of the Armed Forces.

(B) The Armed Force of the members.

(C) The State or territory in which the briefing occurred.

(D) The subject of the briefing(including members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation).CommentsClose CommentsPermalink

Subtitle H--Military VotingCommentsClose CommentsPermalink

SEC. 58175. SHORT TITLE.CommentsClose CommentsPermalink

This subtitle may be cited as the ‘Military and Overseas Voter Empowerment Act’.CommentsClose CommentsPermalink

SEC. 582. FINDINGS.

Congress makes the following findings:

(1) The right to vote is a fundamental right.

(2) Due to logistical, geographical, operational and environmental barriers, military and overseas voters are burdened by many obstacles that impact their right to vote and register to vote, the most critical of which include problems transmitting balloting materials and not being given enough time to vote.

(3) States play an essential role in facilitating the ability of military and overseas voters to register to vote and have their ballots cast and counted, especially with respect to timing and improvement of absentee voter registration and absentee ballot procedures.

(4) The Department of Defense educates military and overseas voters of their rights under the Uniformed and Overseas Citizens Absentee Voting Act and plays an indispensable role in facilitating the procedural channels that allow military and overseas voters to have their votes count.

(5) The local, State, and Federal Government entities involved with getting ballots to military and overseas voters must work in conjunction to provide voter registration services and balloting materials in a secure and expeditious manner.

SEC. 58376. CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITIES.A State may delegate its responsibilities in carrying out the requirements under TO LOCAL JURISDICTIONS.CommentsClose CommentsPermalink

Nothing in the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) may be construed to prohibit a State from delegating its responsibilities in carrying out the requirements of such Act, including any requirements imposed as a result of the provisions of and amendments made by this Act to jurisdictions of, to jurisdictions in the State.CommentsClose CommentsPermalink

SEC. 58477. 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.CommentsClose CommentsPermalink

(a) In General- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures--CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(C) by which the absent uniformed services voter or overseas voter can designate whether they prefer for such voter registration application or absentee ballot application to voter prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; andCommentsClose CommentsPermalink





‘(C) for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) AVAILABILITY AND MAINTENANCE OF ONLINE REPOSITORY OF STATE CONTACT INFORMATION- The Federal Voting Assistance Program of the Department of Defense shall maintain and make available to the public an online repository of State contact information with respect to elections for Federal office, including the single State office designated under subsection (b) and the means of electronic communication designated under paragraph (1), to be used by absent uniformed services voters and overseas voters as a resource to send voter registration applications and absentee ballot applications to the appropriate jurisdiction in the State.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(6) SECURITY AND PRIVACY PROTECTIONS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.CommentsClose CommentsPermalink

SEC. 58578. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK ABSENTEE BALLOTS BY MAIL AND ELECTRONICALLY TO ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.CommentsClose CommentsPermalink

(a) In General- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 58477, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (5), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (6), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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).’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) Transmission of Blank Absentee Ballots by Mail and Electronically-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State shall establish procedures--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B) by which the absent uniformed services voter or overseas voter can designate whether they prefer for such blank absentee ballot to voter prefers that such blank absentee ballot be transmitted by mail or electronically.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) SECURITY AND PRIVACY PROTECTIONS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.CommentsClose CommentsPermalink

SEC. 58679. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS HAVE TIME TO VOTE.CommentsClose CommentsPermalink

(a) In General- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)), as amended by section 585s 577 and 578, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (6), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (7), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter--CommentsClose CommentsPermalink





‘(A) except as provided in subsection (g), in the case wherein which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; andCommentsClose CommentsPermalink





‘(B) in the case wherein which the request is received less than 45 days before an election for Federal office--CommentsClose CommentsPermalink





‘(i) in accordance with State law; andCommentsClose CommentsPermalink





‘(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 ;CommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Hardship Exemption-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(8)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Presidential designee grant a waiver to the State of the application of such subsection. Such request shall include--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) One or more of the following issues creates an undue hardship for the State:CommentsClose CommentsPermalink





‘(i) The State’s primary election date prohibits the State from complying with subsection (a)(8)(A).CommentsClose CommentsPermalink





‘(ii) The State has suffered a delay in generating ballots due to a legal contest.CommentsClose CommentsPermalink





‘(iii) The State Constitution prohibits the State from complying with such subsection.CommentsClose CommentsPermalink





‘(3) TIMING OF WAIVER-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Runoff Elections- Section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by subsection (a) and sections 577 and 578, is amended--CommentsClose CommentsPermalink





(1) in paragraph (7), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (8), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.CommentsClose CommentsPermalink

SEC. 5870. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.CommentsClose CommentsPermalink

(a) In General- The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section:CommentsClose CommentsPermalink

‘SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.CommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(b) Delivery to Appropriate Election Officials-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) DEADLINE DESCRIBED-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(4) NO POSTAGE REQUIREMENT- In accordance with section 3406 of title 39, United States Code, such marked absentee ballots and other balloting materials shall be carried free of postage.CommentsClose CommentsPermalink





‘(5) DATE OF MAILING- Such marked absentee ballots shall be postmarked with a record of the date on which the ballot is mailed.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (6);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (7) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) State Responsibilities- Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as amended by section 586s 577, 578, and 579, is amended--CommentsClose CommentsPermalink





(1) in paragraph (8), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (9), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding the following new paragraph:CommentsClose CommentsPermalink





‘(10) carry out section 103A(b)(1) with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters.’.CommentsClose CommentsPermalink





(d) Tracking Marked Ballots- Section 102 of such Act (42 U.S.C. 1973ff-1(a)), as amended by section 586, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(e) Protecting Voter Privacy and Secrecy of Absentee Ballots- Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (7);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (8) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(9) to the greatest extent practicable, take such actions as may be necessary--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(f) Effective Date- The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.CommentsClose CommentsPermalink

SEC. 5881. FEDERAL WRITE-IN ABSENTEE BALLOT.CommentsClose CommentsPermalink

(a) Use in General, Special, Primary, and Runoff Elections for Federal Office-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘general elections for Federal office’ and inserting ‘general, special, primary, and runoff elections for Federal office’;CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by this subsection shall take effect on December 31, 2010, and apply with respect to elections for Federal office held on or after such date.CommentsClose CommentsPermalink





(b) Promotion and Expansion of Use- Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--CommentsClose CommentsPermalink





(1) by striking ‘General- The Presidential’ and inserting ‘General-CommentsClose CommentsPermalink





‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT- The Presidential’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) PROMOTION AND EXPANSION OF USE OF FEDERAL WRITE-IN ABSENTEE BALLOTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than December 31, 2011, the Presidential designee shall adopt procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up measure to vote in elections for Federal office.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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)).CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 5892. 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.CommentsClose CommentsPermalink

(a) Voter Registration and Absentee Ballot Applications- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 587, is amended by adding at the end the following new is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(1) Notarization requirements.CommentsClose CommentsPermalink





‘(2) Restrictions on paper type, including weight and size.CommentsClose CommentsPermalink





‘(3) Restrictions on envelope type, including weight and size.’.CommentsClose CommentsPermalink





(b) Federal Write-In Absentee Ballot- Section 103 of such Act (42 U.S.C. 1973ff-2) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(1) Notarization requirements.CommentsClose CommentsPermalink





‘(2) Restrictions on paper type, including weight and size.CommentsClose CommentsPermalink





‘(3) Restrictions on envelope type, including weight and size.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.CommentsClose CommentsPermalink

SEC. 59083. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.CommentsClose CommentsPermalink

(a) Federal Voting Assistance Program Improvements-CommentsClose CommentsPermalink





(1) IN GENERAL- The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended by section 5870(a), is amended by inserting after section 103A the following new section:CommentsClose CommentsPermalink

‘SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.CommentsClose CommentsPermalink

‘(a) Duties- The Presidential designee shall carry out the following duties:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Section 101 of such Act (42 U.S.C. 1973ff), as amended by section 5870, is amended--CommentsClose CommentsPermalink





(A) in subparagraph (b)--CommentsClose CommentsPermalink





(i) by striking ‘and’ at the end of paragraph (8);CommentsClose CommentsPermalink





(ii) by striking the period at the end of paragraph (9) and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(10) carry out section 103B with respect to Federal Voting Assistance Program Improvements.’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(3) EFFECTIVE DATE- The amendments made by this subsection shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.CommentsClose CommentsPermalink





(b) Voter Registration Assistance for Absent Uniformed Services Voters- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 589, is amended by adding at the end the following new subsection:‘(j) Voter Registration Assistance for Absent Uniformed ServicesVoters-CommentsClose CommentsPermalink





‘(1) DESIGNATING AN OFFICE AS A VOTER REGISTRATION AGENCY ON EACH INSTALLATION OF THE ARMED FORCES- Not later than 180 days after the date of enactment of this subsection, each Secretary of a military department shall take appropriate actions to designate an office on each installation of the Armed Forces under the jurisdiction of such Secretary (excluding any installation in a theater of combat), consistent across every installation of the department of the Secretary concerned, to provide each individual described in paragraph (3)--

‘(A) written information on voter registration procedures (1) IN GENERAL- Chapter 80 of title 10, United States Code, is amended by inserting after section 1566 the following new section: CommentsClose CommentsPermalink

‘Sec. 1566a. Voting assistance: voter assistance officesCommentsClose CommentsPermalink

‘(a) Designation of Offices on Military Installations as Voter Assistance Offices- Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under regulations prescribed by the Secretary of Defense under subsection (f), the Secretaries of the military 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:CommentsClose CommentsPermalink





‘(1) Information on voter registration procedures and absentee ballot procedures (including the official post card form prescribed under section 101);

‘(B) the opportunity to register to vote in an election for Federal office;

‘(C) the opportunity of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff).CommentsClose CommentsPermalink




‘(2) Information and assistance, if requested, including access to the Internet where practicable, to register to vote in an election for Federal office.CommentsClose CommentsPermalink





‘(3) Information and assistance, if requested, including access to the Internet where practicable, to update the individual’s voter registration information, including clear written notice and instructions for the absent uniformed services voterinstructions for absent uniformed services voters to change their address by submitting the official post card form prescribed under section 101 to the appropriate State election official; and

‘(D) the opportunity to request an absentee ballot under this Act.

‘(2) DEVELOPMENT OF PROCEDURES- Each Secretary of a military department shall develop, in consultation with each State and the Presidential designee, the procedures necessary to provide the assistance described in paragraph (1).

‘(3) INDIVIDUALS DESCRIBED- The following individuals are described in this paragraph:

‘(A) An absent uniformed services voter--

‘(i) who isof the Uniformed and Overseas Citizens Absentee Voting Act to the appropriate State election official.CommentsClose CommentsPermalink




‘(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.).CommentsClose CommentsPermalink





‘(b) Covered Individuals- The individuals described in this subsection are absent uniformed services voters who--CommentsClose CommentsPermalink





‘(1) are undergoing a permanent change of duty station;CommentsClose CommentsPermalink





‘(ii) who is2) are deploying overseas for at least 6 months;‘(iii) who is orsix months;CommentsClose CommentsPermalink





‘(3) are returning from an overseas deployment of at least 6six months; orCommentsClose CommentsPermalink





‘(iv) who at any time requests assistance related to voter registration.

‘(B) All other absent uniformed services voters (as defined in section 107(1)).

‘(4) TIMING OF PROVISION OF ASSISTANCE- The assistance described in paragraph (1) shall be provided to an absent uniformed services voter--

‘(A) described in clause (i) of paragraph (3)(A4) otherwise request assistance related to voter registration.CommentsClose CommentsPermalink




‘(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)--CommentsClose CommentsPermalink





‘(1) if described in subsection (b)(1), as part of the administrative in-processing of the membercovered individual upon arrival at the new duty station of the absent uniformed services voter;‘(B) described in clause (ii) of such paragraph, as part of the administrative in-processing of the member uponcovered individual;CommentsClose CommentsPermalink





‘(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 absent uniformed services voter;‘(C) described in clause (iii) of such paragraph, as part of the administrative in-processing of the membercovered individual;CommentsClose CommentsPermalink





‘(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 absent uniformed services voter;

‘(D) described in clause (iv) of such paragraph, at any time the absent uniformed services voter requests such assistance; and

‘(E) described in paragraph (3)(B), at any time the absent uniformed services votercovered individual; orCommentsClose CommentsPermalink




‘(4) if described in subsection (b)(4), at the time the covered individual requests such assistance.CommentsClose CommentsPermalink





‘(5) PAY, PERSONNEL, AND IDENTIFICATION OFFICES OF THE DEPARTMENT OF DEFENSEd) 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--CommentsClose CommentsPermalink





‘(1) the availability of information and voter registration assistance at offices designated under subsection (a); andCommentsClose CommentsPermalink





‘(2) the time, location, and manner in which an absent uniformed services voter may utilize such assistance.CommentsClose CommentsPermalink





‘(e) Authority To Designate Voting Assistance Offices as Voter Registration Agency on Military Installations- The Secretary of Defense may authorize the Secretaries of the military departments to designate pay, personnel, and identification offices of the Department of Defense for persons to apply to register to vote, update the individual’s voter registration information, and request an absentee ballot under this Act.‘(6) TREATMENT OF OFFICES DESIGNATED AS VOTER REGISTRATION AGENCIES- An office designated under paragraph (1) or (5) shall be considered to be a voter registration agency designatedoffices on military installations as voter registration agencies under section 7(a)(2) of the National Voter Registration Act of 1993 for all purposes of such Act.

‘(7) OUTREACH TO ABSENT UNIFORMED SERVICES VOTERS- The Secretary of each military department or the Presidential designee shall take appropriate actions to inform absent uniformed services voters of the assistance available under this subsection including--

‘(A) the availability of voter registration assistance at offices designated under paragraphs (1) and (5); and

‘(B)(42 U.S.C. 1973gg-5(a)(2)) for all purposes of such Act. Any office so designated shall discharge the requirements of this section, under the regulations prescribed by the Secretary of Defense under subsection (f).CommentsClose CommentsPermalink




‘(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 time, location, and manner in which an absent uniformed voter may utilize such assistance.

‘(8) DEFINITION OF MILITARY DEPARTMENT AND SECRETARY CONCERNED- In this subsection, the terms ‘military department’ and ‘Secretary concerned’ have the meaning given such terms in paragraphs (8) and (9), respectively, ofsection 101 of title 10, United States Code.

‘(9) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection.’.

(c) Effective Date- The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and, and shall be implemented for such general election for Federal office and for each succeeding election for Federal office.CommentsClose CommentsPermalink




‘(g) Definitions- In this section:CommentsClose CommentsPermalink





‘(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)).CommentsClose CommentsPermalink





‘(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)).CommentsClose CommentsPermalink





‘(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)).’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘1566a. Voting assistance: voter assistance offices.’.CommentsClose CommentsPermalink

SEC. 59184. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING CERTAIN DATA.CommentsClose CommentsPermalink

(a) In General- Section 101(b) of such Act (42 U.S.C. 1973ff(b)), as amended by section 590s 580 and 583, is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (9);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (10) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(11) working with the Election Assistance Commission and the chief State election official of each State, develop standards--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B) for the Presidential designee to store the data reported.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as amended by section 587s 577, 578, 579, and 580, is amended--CommentsClose CommentsPermalink





(1) in paragraph (9), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (10), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(11) report data on the number of absentee ballots transmitted and received under section 102(c) and such other data as the Presidential designee determines appropriate in accordance with the standards developed by the Presidential designee under section 101(b)(11).’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.CommentsClose CommentsPermalink

SEC. 59285. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.CommentsClose CommentsPermalink

(a) In General- Subsections (a) through (d) of section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) are repealed.CommentsClose CommentsPermalink





(b) Conforming Amendments- The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 101(b)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘, for use by States in accordance with section 104’; andCommentsClose CommentsPermalink





(B) in paragraph (4), by striking ‘for use by States in accordance with section 104’; andCommentsClose CommentsPermalink





(2) in section 104, as amended by subsection (a)--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(B) in subsection (e), by striking ‘(e) Prohibition of Refusal of Applications on Grounds of Early Submission- ’.CommentsClose CommentsPermalink

SEC. 59386. REPORTING REQUIREMENTS.CommentsClose CommentsPermalink

The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 105 the following new section:CommentsClose CommentsPermalink

‘SEC. 105A. REPORTING REQUIREMENTS.CommentsClose CommentsPermalink

‘(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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) An assessment of the effectiveness of the Voting Assistance Officer Program of the Department of Defense, which shall include the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) A detailed description of the specific steps taken towards the implementation of voter registration assistance for absent uniformed services voters under section 102(j), including the designation of offices under paragraphs (1) and (5) of such section566a of title 10, United States Code.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) A description of the utilization of voter registration assistance under section 102(j)566a of title 10, United States Code, which shall include the following:CommentsClose CommentsPermalink





‘(A) A description of the specific programs implemented by each military department of the Armed Forces pursuant to such section.CommentsClose CommentsPermalink





‘(B) The number of absent uniformed services voters who utilized voter registration assistance provided under such section.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(c) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) ABSENT OVERSEAS UNIFORMED SERVICES VOTER- The term ‘absent overseas uniformed services voter’ has the meaning given such term in section 103A(d).CommentsClose CommentsPermalink





‘(2) PRESIDENTIAL DESIGNEE- The term ‘Presidential designee’ means the Presidential designee under section 101(a).CommentsClose CommentsPermalink





‘(3) RELEVANT COMMITTEES OF CONGRESS DEFINED- The term ‘relevant committees of Congress’ means--CommentsClose CommentsPermalink





‘(A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; andCommentsClose CommentsPermalink





‘(B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.’.CommentsClose CommentsPermalink

SEC. 59487. ANNUAL REPORT ON ENFORCEMENT.CommentsClose CommentsPermalink

Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973f-4) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Attorney’ and inserting ‘(a) In General- The Attorney’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 59588. REQUIREMENTS PAYMENTS.CommentsClose CommentsPermalink

(a) Use of Funds- Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) RequirementConditions for Receipt of Funds-CommentsClose CommentsPermalink





(1) INCLUSION OF COMPLIANCE IN STATE PLAN-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 254(a) of the Help America Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(14) How the State plan will comply with the provisions and requirements of and amendments made by the Military and Overseas Voter Empowerment Act.’.CommentsClose CommentsPermalink





(2B) CONFORMING AMENDMENTS- Section 253(b) of the Help America Vote Act of 2002- Section 253(b)(1)(A) of such Act (42 U.S.C. 15403(b)) is amended--(A) in paragraph (1)(A),(1)(A)) is amended by striking ‘section 254’ and inserting ‘subsection (a) of section 254 (or, in the case where a State is seeking a requirements payment made using fundsection 254(a) (or, for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization under section 257(4), paragraph (14) of section 254)’; and

(B) in paragraph (2)--

(iprovided under section 257(a)(4), contains the element described in paragraph (14) of such section)’.CommentsClose CommentsPermalink




(2) WAIVER OF PLAN FOR APPLICATION OF ADMINISTRATIVE COMPLAINT PROCEDURES- Section 253(b)(2) of such Act (42 U.S.C. 15403(b)(2)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘(2) The State’ and inserting ‘(2)(A) Subject to subparagraph (B), the State’; andCommentsClose CommentsPermalink





(ii) by inserting after subparagraph (A), as added by clause (i), the following new subparagraph:‘(B) The requirement under subparagraph (A) shall not apply in the case of a requirements payment made using fundsB) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(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 under section 257(4)provided under section 257(a)(4).’.CommentsClose CommentsPermalink





(3) SPECIAL RULE FOR PROVISION OF 5 PERCENT MATCH- Section 253(b)(5) of such Act (42 U.S.C. 15403(b)(5)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘(5) The State’ and inserting ‘(5)(A) Subject to subparagraph (B), the State’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Authorization- Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink

SEC. 59689. TECHNOLOGY PILOT PROGRAM.CommentsClose CommentsPermalink

(a) Definitions- In this section:CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(2) OVERSEAS VOTER- The term ‘overseas voter’ has the meaning given such term in section 107(5) of such Act.CommentsClose CommentsPermalink





(3) PRESIDENTIAL DESIGNEE- The term ‘Presidential designee’ means the individual designated under section 101(a) of such Act.CommentsClose CommentsPermalink





(b) Establishment-CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(2) DESIGN AND CONDUCT- The design and conduct of a pilot program established under this subsection--CommentsClose CommentsPermalink





(A) shall be at the discretion of the Presidential designee; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Considerations- In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues:CommentsClose CommentsPermalink





(1) The transmission of electronic voting material across military networks.CommentsClose CommentsPermalink





(2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques.CommentsClose CommentsPermalink





(3) The transmission of ballot representations and scanned pictures in a secure manner.CommentsClose CommentsPermalink





(4) Capturing, retaining, and comparing electronic and physical ballot representations.CommentsClose CommentsPermalink





(5) Utilization of voting stations at military bases.CommentsClose CommentsPermalink





(6) Document delivery and upload systems.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) for the conduct of additional pilot programs under this section; andCommentsClose CommentsPermalink





(2) for such legislation and administrative action as the Presidential designee determines appropriate.CommentsClose CommentsPermalink





(e) Technical Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- The Election Assistance Commission and the National Institute of Standards and Technology shall work with the Presidential designee to support the pilot program or programs established under this section througprovide the Presidential designee with best practices or standards and in accordance with in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff note), as amended by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1919).(2) REPORT- In the case where the Election Assistance Commission has not established to support the pilot program or programs.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) The reasons such guidelines have not been established as of such date.CommentsClose CommentsPermalink





(B) A detailed timeline for the establishment of such guidelines.CommentsClose CommentsPermalink





(C) A detailed explanation of the Commission’s actions in establishing such guidelines since the date of enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1919).CommentsClose CommentsPermalink





(3) RELEVANT COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘relevant committees of Congress’ means--CommentsClose CommentsPermalink





(A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; andCommentsClose CommentsPermalink





(B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITSCommentsClose CommentsPermalink

Subtitle A--Pay and Allowances

Subtitle A--Pay and AllowancesCommentsClose CommentsPermalink

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

(a) Waiver of Section 1009 Adjustment- The adjustment to become effective during fiscal year 2010 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.CommentsClose CommentsPermalink





(b) Increase in Basic Pay- Effective on January 1, 2010, the rates of monthly basic pay for members of the uniformed services are increased by 3.4 percent.CommentsClose CommentsPermalink

SEC. 602. COMPTROLLER GENERAL OF THE UNITED STATES COMPARATIVE ASSESSMENT OF MILITARY AND PRIVATE-SECTOR PAY AND BENEFITS.

(a) Study Required- The Comptroller General of the United States shall conduct a study comparing pay and benefits provided by law to members of the Armed Forces with pay and benefits provided by the private sector to comparably situated private-sector employees.

(b) Elements- The study required by subsection (a) shall include, but not be limited to, the following:

(1) An assessment of total military compensation for officers and for enlisted personnel, including basic pay, the basic allowance for housing (BAH), the basic allowance for subsistence (BAS), tax benefits applicable to military pay and allowances under Federal law (including the Social Security laws) and State law, military retirement benefits, commissary and exchange privileges, and military healthcare benefits.

(2) An assessment of private-sector pay and benefits for civilians of similar age, education, and experience in like fields of officers and enlisted personnel of the Armed Forces, including pay, bonuses, employee options, fringe benefits, retirement benefits, individual retirement investment benefits, flexible spending accounts and health savings accounts, and any other elements of private-sector compensation that the Comptroller General considers appropriate.

(3) An identification of the percentile of comparable private-sector compensation at which members of the Armed Forces are paid, including an assessment of the adequacy of percentile comparisons generally and whether the Department of Defense goal of compensating members of the Armed Forces at the 80th percentile of comparable private-sector compensation, as described in the 10th Quadrennial Review of Military Compensation, is appropriate and adequate to achieve comparability of pay between members of the Armed Forces and private-sector employees.

(c) Report- The Comptroller General shall submit to the congressional defense committees a report on the study required by subsection (a) by not later than April 1, 2010.

SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLEMENTAL SUBSISTENCE ALLOWANCE FOR LOW-INCOME MEMBERS WITH DEPENDENTS.CommentsClose CommentsPermalink

(a) Increase in Maximum Monthly Amount- Section 402a(a) of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking ‘$500’ and inserting ‘$1,100’; andCommentsClose CommentsPermalink





(2) in paragraph (3)(B), by striking ‘$500’ and inserting ‘$1,100’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to monthly supplemental subsistence allowances for low-income members with dependents payable on or after that date.CommentsClose CommentsPermalink





(c) Report on Elimination of Reliance on Supplemental Nutrition Assistance Program Tto Meet Nutritional Needs of Members of the Armed Forces and Their Dependents-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than September 1, 2010, the Secretary of Defense shall, in consultation with the Secretary of Agriculture,, 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 Stamp Act of 1977and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for their monthly nutritional needs.CommentsClose CommentsPermalink





(2) ELEMENTS- The plan required by paragraph (1) shall address the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(D) A method for accurately determining the total number of members of the Armed Forces who are participating in the supplemental nutrition assistance program.CommentsClose CommentsPermalink





(E) Such other matters as the Secretary of Defense considers appropriate.CommentsClose CommentsPermalink

SEC. 603. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES WITH CATASTROPHIC INJURIES OR ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY LIVING.CommentsClose CommentsPermalink

SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM FOR CERTAIN PERIODS BEFORE IMPLEMENTATION OF PROGRAM.CommentsClose CommentsPermalink

(a) In General- Under regulations prescribed by the Secretary of Defense, the Secretary concerned may provide any member or former member of the Armed Forces with the benefits specified in subsection (b) if the member or former member would, on any day during the period beginning on January 19, 2007, and ending on the date of the implementation of the Post-Deployment/Mobilization Respite Absence (PDMRA) program by the Secretary concerned, have qualified for a day of administrative absence under the Post-Deployment/Mobilization Respite Absence program had the program been in effect during such period.CommentsClose CommentsPermalink





(b) Benefits- The benefits specified in this subsection are the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Maximum Number of Days of Benefits Providable- The number of days of benefits providable to a member or former member of the Armed Forces under this section may not exceed 40 days of benefits.(e) Form of Payment- The paid benefits providable under subsection (b) may be paid in a lump sum or installments, at the election of the Secretary concerned.CommentsClose CommentsPermalink





(fe) 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.CommentsClose CommentsPermalink





(gf) Definitions- In this section:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) The term ‘Secretary concerned’ has the meaning given that term in section 101(5) of title 37, United States Code.CommentsClose CommentsPermalink





(h) Terming) Duration-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Subtitle B--Bonuses and Special and Incentive PaysCommentsClose CommentsPermalink

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

(a) The following sections of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’: CommentsClose CommentsPermalink





(1) Section 308b(g), relating to Selected Reserve Reenlistment Bonus-Section 308b(g) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.(b)reenlistment bonus.CommentsClose CommentsPermalink





(2) Section 308c(i), relating to Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(c) Special Pay for Enlisted Members Assigned to Certain High Priority Units- Section 308d(c) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(d)affiliation or enlistment bonus.CommentsClose CommentsPermalink




(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.CommentsClose CommentsPermalink





(4) Section 308g(f)(2), relating to Ready Reserve Enlistment Bonus for Persons Without Prior Service- Section 308g(f)(2) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.(e)enlistment bonus for persons without prior service.CommentsClose CommentsPermalink





(5) Section 308h(e), relating to Ready Reserve Enlistment and Reenlistment Bonus for Persons With Prior Service- Section 308h(e) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.(f)enlistment and reenlistment bonus for persons with prior service.CommentsClose CommentsPermalink





(6) Section 308i(f), relating to Selected Reserve Enlistment Bonus for Persons With Prior Service- Section 308i(f) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.(g) Income Replacement Payments- Section 910(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’enlistment and reenlistment bonus for persons with prior service.CommentsClose CommentsPermalink





(7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.CommentsClose CommentsPermalink

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

(a) Nurse Officer Candidate Accession Program-Section 2130a(a)(1) of title 10, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’Title 10 Authorities- The following sections of title 10, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.CommentsClose CommentsPermalink





(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.CommentsClose CommentsPermalink





(b) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve- Section 16302(d) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.(c) Accession and Retention Bonuses for Psychologists-Title 37 Authorities- The following sections of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 302c-1(f) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(d) Accession Bonus for Registered Nurses- Section 302d(a)(1) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(e) Incentive Special Pay for Nurse Anesthetists- Section 302e(a)(1) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(f) Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties- Section 302g(e) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(g) Accession Bonus for Dental Officers- Section 302h(a)(1) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(h) Accession Bonus for Pharmacy Officers- Section 302j(a) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(i) Accession Bonus for Medical Officers in Critically Short Wartime Specialties- Section 302k(f) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(j) Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties- Section 302l(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’, relating to accession and retention bonuses for psychologists.CommentsClose CommentsPermalink




(2) Section 302d(a)(1), relating to accession bonus for registered nurses.CommentsClose CommentsPermalink





(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.CommentsClose CommentsPermalink





(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.CommentsClose CommentsPermalink





(5) Section 302h(a)(1), relating to accession bonus for dental officers.CommentsClose CommentsPermalink





(6) Section 302j(a), relating to accession bonus for pharmacy officers.CommentsClose CommentsPermalink





(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.CommentsClose CommentsPermalink





(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.CommentsClose CommentsPermalink

SEC. 613. EXTENSION OF SPECIALONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.CommentsClose CommentsPermalink

(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service-Section 312(f) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(b) Nuclear Career Accession Bonus- Section 312b(c) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(c) Nuclear Career Annual Incentive Bonus- Section 312c(d) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’ The following sections of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’: CommentsClose CommentsPermalink




(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.CommentsClose CommentsPermalink





(2) Section 312b(c), relating to nuclear career accession bonus.CommentsClose CommentsPermalink





(3) Section 312c(d), relating to nuclear career annual incentive bonus.CommentsClose CommentsPermalink

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

(a) General Bonus Authority for Enlisted Members- The following sections of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’: CommentsClose CommentsPermalink





(1) Section 331(h), relating to general bonus authority for enlisted members.CommentsClose CommentsPermalink





(2) Section 332(g), relating to general bonus authority for officers.CommentsClose CommentsPermalink





(3) Section 331(h) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(b) General Bonus Authority for Officers- Section 332(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(c) Special Bonus and Incentive Pay Authorities for Nuclear Officers- Section 333(i) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(d) Special Aviation Incentive Pay and Bonus Authorities- Section 334(i) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(e) Special Health Professions Incentive Pay and Bonus Authorities- Section 335(k) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(f) Hazardous Duty Pay- Section 351(i) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(g) Assignment Pay or Special Duty Pay- Section 352(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(h) Skill Incentive Pay or Proficiency Bonus- Section 353(j) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(i) Retention Bonus for Members With Critical Military Skills or Assigned to High Priority Units- Section 355(i) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’3(i), relating to special bonus and incentive pay authorities for nuclear officers.CommentsClose CommentsPermalink




(4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.CommentsClose CommentsPermalink





(5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.CommentsClose CommentsPermalink





(6) Section 351(i), relating to hazardous duty pay.CommentsClose CommentsPermalink





(7) Section 352(g), relating to assignment pay or special duty pay.CommentsClose CommentsPermalink





(8) Section 353(j), relating to skill incentive pay or proficiency bonus.CommentsClose CommentsPermalink





(9) Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.CommentsClose CommentsPermalink

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

(a) Aviation Officer Retention Bonus-Section 301b(a) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(b) Assignment Incentive Pay- Section 307a(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(c) Reenlistment Bonus for Active Members- Section 308(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(d) Enlistment Bonus- Section 309(e) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(e) Accession Bonus for New Officers in Critical Skills- Section 324(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(f) Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage- Section 326(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(g) Incentive Bonus for Transfer Between Armed Forces- Section 327(h) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(h) Accession Bonus for Officer Candidates- Section 330(f) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’ The following sections of chapter 5 of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’: CommentsClose CommentsPermalink




(1) Section 301b(a), relating to aviation officer retention bonus.CommentsClose CommentsPermalink





(2) Section 307a(g), relating to assignment incentive pay.CommentsClose CommentsPermalink





(3) Section 308(g), relating to reenlistment bonus for active members.CommentsClose CommentsPermalink





(4) Section 309(e), relating to enlistment bonus.CommentsClose CommentsPermalink





(5) Section 324(g), relating to accession bonus for new officers in critical skills.CommentsClose CommentsPermalink





(6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.CommentsClose CommentsPermalink





(7) Section 327(h), relating to incentive bonus for transfer between armed forces.CommentsClose CommentsPermalink





(8) Section 330(f), relating to accession bonus for officer candidates.CommentsClose CommentsPermalink

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

(a) Health Professions Referral Bonus-Section 1030(i) of title 10, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.

(b) Army Referral Bonus- Section 3252(h) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’ The following sections of title 10, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’: CommentsClose CommentsPermalink




(1) Section 1030(i), relating to health professions referral bonus.CommentsClose CommentsPermalink





(2) Section 3252(h), relating to Army referral bonus.CommentsClose CommentsPermalink

SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES WITH SERIOUS INJURIES OR ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY LIVING.(a) In General- Chapter 7TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO RECONCILE CONFLICTING AMENDMENTS REGARDING CONTINUED PAYMENT OF BONUSES AND SIMILAR BENEFITS FOR CERTAIN MEMBERS.CommentsClose CommentsPermalink

(a) Technical Corrections to Reconcile Conflicting Amendments- Section 303a(e) of title 37, United States Code, is amended by adding at the end the following new section:‘Sec. 439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living

‘(a) Monthly Compensation- The Secretary concerned may pay to any member of the uniformed services described in subsection (b) monthly special compensation in an amount determined under subsection (c).

‘(b) Covered Members- A member eligible for monthly special compensation authorized by subsection (a) is a member who--

‘(1) has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions required in everyday living;

‘(2) has a serious injury, disorder, or disease of either a temporary or permanent nature that--

‘(A) is incurred or aggravated in the line of duty; and

‘(B) compromises the member’s ability to carry out one or more activities of daily living or requires the member to be constantly supervised to avoid physical harm to the member or to others; and

‘(3) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of Homeland Security, with respect to--CommentsClose CommentsPermalink




(1) in paragraph (1)(A), by striking ‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink





(3) in paragraph (5), as so redesignated, by striking ‘paragraph (3)(B)’ and inserting ‘paragraph (4)(B)’;CommentsClose CommentsPermalink





(4) by redesignating paragraph (2), as added by section 651(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as paragraph (3); andCommentsClose CommentsPermalink





(5) by redesignating the second subparagraph (B) of paragraph (1), originally added as paragraph (2) by section 2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat. 3526) and erroneously designated as subparagraph (B) by section 651(a)(3) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as paragraph (2).CommentsClose CommentsPermalink





(b) Inclusion of Hubbard Act Amendment in Consolidated Special Pay and Bonus Authorities- Section 373(b) of such title is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking the paragraph heading and inserting ‘SPECIAL RULE FOR DECEASED AND DISABLED MEMBERS- ’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) shall not require repayment by the member of the Coast Guard) prescribes for purposes of this section.‘(c) Amount- (1) The amount of monthly special compensation payable to a member under subsection (a) shall be determined under criteria prescribed by the Secretary of Defense (or the Secretary of Homeland Security, with respect tounearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) In this paragraph, the term ‘sole survivorship discharge’ means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which--CommentsClose CommentsPermalink





‘(i) the Coast Guard), but may not exceed the amount of aid and attendance allowance authorized by section 1114(r)(2) of title 38 for veterans in need of aid and attendance.

‘(2) In determining the amount of monthly special compensation, the Secretary concerned shall consider the following:

‘(A) The extent to which home health care and related services are being provided by the Government.

‘(B) The extent to which aid and attendance services are being provided by family and friends who may be compensated with funds provided through the monthly special compensation.

‘(d) Payment Until Medical Retirement- Monthly special compensation is payable under this section to a member described infather or mother or one or more siblings--CommentsClose CommentsPermalink




‘(I) served in the Armed Forces; andCommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

(a) Special Pay for Duty Subject to Hostile Fire or Imminent Danger- Section 310 of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘and Special Pay Amount’ in the subsection heading; andCommentsClose CommentsPermalink





(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 that begins before the date on which the member is medically retired.

‘(e) Construction With Other Pay and Allowances- Monthly special compensation payable to a member under this section is in addition to any other pay and allowances payable to the member by law.

‘(f) Benefit Information- The Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, shall ensure that members of the uniformed services who may be eligible for compensation under this section are made aware of the availability of such compensation by including information about such compensation in written and online materials for such members and their families.

‘(g) Regulations- The Secretary of Defense (or the Secretary of Homeland Security, with respect toor portion of a month’;CommentsClose CommentsPermalink




(2) in subsection (c), by striking paragraph (3);CommentsClose CommentsPermalink





(3) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; andCommentsClose CommentsPermalink





(4) by inserting after subsection (a) the following new subsection:CommentsClose CommentsPermalink





‘(b) Special Pay Amount; Proration- (1) The special pay authorized by subsection (a) may not exceed $225 a month.CommentsClose CommentsPermalink





‘(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 Coast Guard) shall prescribe regulations to carry out this sectionmonth.’.CommentsClose CommentsPermalink





(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 toHazardous Duty Pay- Section 351 of such title is amended--CommentsClose CommentsPermalink





(1) by striking subsections (c) and (d) and redesignating subsections (e) through (i) as subsections (d) through (h), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink





‘(c) Method of Payment; Proration-CommentsClose CommentsPermalink





‘(1) MONTHLY PAYMENT- Subject to paragraph (2), hazardous duty pay shall be paid on a monthly basis.CommentsClose CommentsPermalink





‘(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 Coast Guard) shall submit to Congress a report on the provision of compensation undersection 439 of title 37, United States Code, as added by subsection (a) of this section.

(2) ELEMENTS- The report required by paragraph (1) shall include the following:

(A) An estimate of the number of members of the uniformed services eligible for compensation under such section 439.

(B) The number of members of the uniformed services receiving compensation under such section.

(C) The average amount of compensation provided to members of the uniformed services receiving such compensation.

(D) The average amount of time required for a member of the uniformed services to receive such compensation after the member becomes eligible for the compensation.

(E) A summary of the types of injuries, disorders, and diseases of members of the uniformed services receiving such compensation that made such members eligible for such compensationmonth.’.CommentsClose CommentsPermalink




(c) Clerical Amendment- The table of sections at the beginning of chapter 7 of such title is amended by adding at the end the following new item:‘439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday livAssignment 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.’.CommentsClose CommentsPermalink





(d) Skill Incentive Pay- Section 353 of such title is amended--CommentsClose CommentsPermalink





(1) by striking subsection (f) and redesignating subsections (g) through (j) as subsections (f) through (i), respectively; andCommentsClose CommentsPermalink





(2) in subsection (c), by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink





‘(1) SKILL INCENTIVE PAY- (A) Skill incentive pay under subsection (a) may not exceed $1,000 a month.CommentsClose CommentsPermalink





‘(B) If a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month. A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) may be paid an amount of such pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.’.CommentsClose CommentsPermalink

SEC. 6189. ADDITIONAL ASSIGNMENT PAY OR SPECIAL DUTY PAY AUTHORIZED FOR MEMBERS AGREEING TO SERVE IN AFGHANISTAN FOR EXTENDED PERIODS.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

(a) Special Pay Authorized- The Secretary of the military department concerned may pay monthly special pay to any member of the Armed Forces described in subsection (b) for any monthy, 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 active status in a reserve component of the Armed Forces, including time served performing pre-deployment and re-integration duty regardless of whether or not such duty was performed by such a member on active duty in the Armed Forces, or has the member’s eligibility for retirement from the Armed Forces suspended, as described in that subsection.(b) Covered Members- A member of the Armed Forces described in this subsection is any member of the Army, Navy, Air Force, or Marine Corps (including a member of a reserve component thereof) whosubsection (b).CommentsClose CommentsPermalink





(b) Eligibility Requirements- A member of the Armed Forces referred to in subsection (a) is eligible to receive special pay under this section if the member, at any time during the period beginning on October 1, 2009, and ending on June 30, 2011, serves on active duty in the Armed Forces or active status in a reserve component of the Armed Forces, including time served performing pre-deployment and re-integration duty regardless of whether or not such duty was performed by such a member on active duty in the Armed Forces, while the member’s enlistment or period of obligated service is extended, or has the member’s eligibility for retirement suspended, pursuant to section 123 or 12305 of title 10, United States Code, or any other provision of law (commonly referred to as a ‘stop-loss authority’) authorizing the Presidentthat authorizes the President to extend an enlistment or period of obligated service, or suspend eligibility for retirement, of a member of the uniformed services in time of war or ofArmed Forces in time of war or national emergency declared by Congress or the President.CommentsClose CommentsPermalink





(c) Amount- The amount of monthly special pay payable to a member under this section for a month may not exceed $500.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 621. ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT INCENTIVES.CommentsClose CommentsPermalink

Subtitle C--Travel and Transportation AllowancesCommentsClose CommentsPermalink

SEC. 631. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED MEMBERS OF THE UNIFORMED SERVICES TO ATTEND MEMORIAL CEREMONIES.CommentsClose CommentsPermalink

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

(a) Authority To Provide Travel to Designated Individuals- Subsection (a) of section 411h of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(B) by striking ‘that the presence of the family member’ and inserting ‘, with respect to any such individual, that the presence of such individual’; andCommentsClose CommentsPermalink





(C) by striking ‘of family members’ and inserting ‘of designated individuals’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Definition of Designated Individual-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





‘(A) an individual designated by the member for the purposes of this section; orCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(2) DESIGNATIONS NOT PERMANENT- Paragraph (2) of such subsection is amended to read as follows:CommentsClose CommentsPermalink





‘(2) The designation of an individual as a designated individual for purposes of this section may be changed at any time.’.CommentsClose CommentsPermalink





(c) Coverage of Members Hospitalized Outside the United States Who Were Wounded or Injured in a Combat Operation or Combat Zone-CommentsClose CommentsPermalink





(1) COVERAGE FOR HOSPITALIZATION OUTSIDE THE UNITED STATES- Subparagraph (B) of subsection (a)(2) of such section is amended--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘in or outside the United States’; andCommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘in the United States’.CommentsClose CommentsPermalink





(2) CLARIFICATION OF MEMBERS COVERED- Such subparagraph is further amended--CommentsClose CommentsPermalink





(A) in clause (i), by inserting ‘seriously wounded,’ after ‘(i) is’; andCommentsClose CommentsPermalink





(B) in clause (ii)--CommentsClose CommentsPermalink





(i) by striking ‘an injury’ and inserting ‘a wound or an injury’; andCommentsClose CommentsPermalink





(ii) by striking ‘that injury’ and inserting ‘that wound or injury’.CommentsClose CommentsPermalink





(d) Coverage of Members With Serious Mental Disorders-CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(i) The member is considered to be a potential danger to self or others as a result of a diagnosed mental disorder that requires intensive mental health treatment or hospitalization.CommentsClose CommentsPermalink





‘(ii) The member is diagnosed with a mental disorder and has psychotic symptoms that require intensive mental health treatment or hospitalization.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(e) Frequency of Authorized Travel- Paragraph (3) of subsection (a) of such section 411h is amended to read as follows:CommentsClose CommentsPermalink





‘(3) Not more than a total of three roundtrips may be provided under paragraph (1) in any 60-day period at Government expense to the individuals who, with respect to a member, are the designated individuals of that member in effect during that period. However, if the Secretary concerned has granted a waiver under the second sentence of paragraph (1) with respect to a member, then for any 60-day period in which the waiver is in effect the limitation in the preceding sentence shall be adjusted accordingly. In addition, during any period during which there is in effect a non-medical attendant designation for a member under section 411h-1k of this title, not more than a total of two roundtrips may be provided under paragraph (1) in any 60-day period at Government expense until there no longer is a designation of a non-medical attendant or that designation transfers to another individual, in which case during the transfer period three roundtrip tickets may be provided.’.CommentsClose CommentsPermalink





(f) Stylistic and Conforming Amendments- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘(a)(1)’ and inserting ‘(a) Travel and Transportation Authorized- (1)’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘(b)(1)’ and inserting ‘(b) Definitions- (1)’; andCommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) by inserting ‘(A)’ after ‘(3)’; andCommentsClose CommentsPermalink





(ii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(B) In this paragraph, the term ‘family member’, with respect to a member, means the following:CommentsClose CommentsPermalink





‘(i) The member’s spouse.CommentsClose CommentsPermalink





‘(ii) Children of the member (including stepchildren, adopted children, and illegitimate children).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iv) Siblings of the member.CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking ‘(c)(1)’ and inserting ‘(c) Round Trip Transportation and Per Diem Allowance- (1)’; andCommentsClose CommentsPermalink





(B) in paragraph (1), by striking ‘family member’ and inserting ‘designated individual’; andCommentsClose CommentsPermalink





(4) in subsection (d), by striking ‘(d)(1)’ and inserting ‘(d) Method of Transportation Authorized- (1)’.CommentsClose CommentsPermalink





(g) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

-‘Sec. 411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury’.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury.’.CommentsClose CommentsPermalink





(h) Conforming Amendment to Wounded Warrior Act- Section 1602(4) of the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by striking ‘411h(b)(1)’ and inserting ‘411h(b)(3)(B)’.CommentsClose CommentsPermalink





(i) Applicability of Amendments- No reimbursement may be provided under section 411h of title 37, United States Code, by reason of the amendments made by this section for travel and transportation costs incurred before the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 632.3. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-MEDICAL ATTENDANTS OFFOR VERY SERIOUSLY AND SERIOUSLY WOUNDED, ILL, OR INJURED MEMBERS OF THE UNIFORMED SERVICES.CommentsClose CommentsPermalink

(a) Payment of Travel Costs Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 7 of title 37, United States Code, is amended by inserting after section 411h the following new section:‘Sec. 411h-1j the following new section:CommentsClose CommentsPermalink

-‘Sec. 411k. Travel and transportation allowances: transportation of non-medical attendants for members who are seriously wounded, ill, ordetermined to be very seriously or seriously wounded, ill, or injuredCommentsClose CommentsPermalink

‘(a) In GeneralAllowance for Non-medical Attendant- Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may be provided for a qualified non-medical attendant for a covered member of the uniformed services described in subsection (c) if the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member jointly determine that the presence of such an attendant may contribute to the member’s health and welfare.CommentsClose CommentsPermalink





‘(b) Qualified Non-Mmedical Attendant- For purposes of this section, a qualified non-medical attendant with respect to a member described in subsection (c) is an individual who--

‘(1) the member designates for purposes of this section to be a non-medical attendant for the member; or

‘(2), with respect to a covered member, is an individual who--CommentsClose CommentsPermalink




‘(1) is designated by the member to be a non-medical attendant for the member for purposes of this section; andCommentsClose CommentsPermalink





‘(2) is determined by the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member jointly determine is an appropriateto be appropriate to serve as a non-medical attendant for the member and whose presence may contribute to the member’s health and welfarehealth and welfare of the member.CommentsClose CommentsPermalink





‘(c) Covered Members- A member of the uniformed services described in this subsectioncovered by this section is a member who--CommentsClose CommentsPermalink





‘(1) is serving on active duty, is entitled to pay and allowances under section 204(g) of this title (or would be so entitled if not for offsetting earned income described in that subsection), or is retired for theas a result of a wound, illness, or injury for which the member is categorized as described in paragraph (2);‘(2), has been determined by the attending physician or surgeon to be in the category known as ‘very seriously wounded, ill, or injured’ or in the category known as ‘seriously wounded, ill, and‘seriously wounded, ill, or injured’; andCommentsClose CommentsPermalink





‘(3) either--‘(A2) is hospitalized for treatment of the wound, illness, or injury for which the member is so categorized; or‘(B)or requires continuing outpatient treatment for suchthe wound, illness, or injury.CommentsClose CommentsPermalink





‘(d) Authorized Travel and Transportation- (1)(A) The transportation authorized by subsection (a) for a qualified non-medical attendant for a member is round-trip transportation between the home of the attendant and the location at which the member is receiving treatment, including and may include transportation, while accompanying the member, to any other location to which the member is subsequently transferred for further treatment.‘(B) In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement, or a combination thereof, for the actual and necessary expenses of travel as described in subparagraph (A), but at rates not to exceed the rates for travel established under section 404(d 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.CommentsClose CommentsPermalink





‘(2) The transportation authorized by subsection (a) includes transportation, while accompanying the member,any travel necessary to obtain treatment for the member at the location to which the member is permanently assigned.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) The transportation authorized by subsection (a) may be provided by any means as followof the following means:CommentsClose CommentsPermalink





‘(A) Transportation in-kind.CommentsClose CommentsPermalink





‘(B) A monetary allowance in place of transportation in-kind.

‘(C) Reimbursement for the cost of commercial transportation.

‘(4 at a rate to be prescribed by the Secretaries concerned.CommentsClose CommentsPermalink




‘(C) Reimbursement for the commercial cost of transportation.CommentsClose CommentsPermalink





‘(5) An allowance payable under this subsection may be paid in advance.CommentsClose CommentsPermalink





‘(56) Reimbursement payable under this subsection for air travel may not exceed the cost of Government-procured commercial round-trip air travel.‘(e) Coordination With Transportation and Allowances for Designated Individuals- An individual may not receive travel and transportation allowances under section 411h of this title and this section simultaneously.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item related to section 411h the following new item:‘411h-1such chapter is amended by inserting after the item related to section 411j the following new item:CommentsClose CommentsPermalink





‘411k. Travel and transportation allowances: transportation of non-medical attendants for members who aredetermined to be very seriously or seriously wounded, ill, or injured.’.CommentsClose CommentsPermalink





(b) Applicability- No reimbursement may be provided undersection 411h-1 of title 37, United States Code (as added by subsection (a)), for any costs of travel or transportation incurred before the date of the enactment of this Act.SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES ON LEAVE FOR SUSPENSION OF TRAINING.

(a) Allowances Authorized-

(1) IN GENERAL- Chapter 7 of title 37, United States Code, is amended by inserting after section 411j the following new section:

‘Sec. 411k. Travel and transportation allowances: travel performed by certain members of the reserve components of the armed forces in connection with leave for suspension of training

‘(a) Allowance Authorized- The Secretary concerned may reimburse or provide transportation to a member of a reserve component of the armed forces on active duty for a period of more than 30 days who is performing duty at a temporary duty station for travel between the member’s temporary duty station and the member’s permanent duty station in connection with authorized leave pursuant to a suspension of training.

‘(b) Minimum Distance Between Stations- A member may be paid for or provided transportation under subsection (a) only as follows:

‘(1) In the case of a member who travels between a temporary duty station and permanent duty station by air transportation, if the distance between such stations is not less than 300 miles.

‘(2) In the case of a member who travels between a temporary duty station and permanent duty station by ground transportation, if the distance between such stations is more than the normal commuting distance from the permanent duty station (as determined under the regulations prescribed under subsection (e)).

‘(c) Minimum Period of Suspension of Training- A member may be paid for or provided transportation under subsection (a) only in connection with a suspension of training covered by that subsection that is five days or more in duration.

‘(d) Limitation on Reimbursement- The amount a member may be paid under subsection (a) for travel may not exceed the amount that would be paid by the government (as determined under the regulations prescribed under subsection (e)) for the least expensive means of travel between the duty stations concerned.

‘(e) Regulations- The Secretary concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.’.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 411j the following new item:

‘411k. Travel and transportation allowances: travel performed by certain members of the reserve components of the armed forces in connection with leave for suspension of training.’.

(b) Effective Date- The amendments made by subsection (a) shall take effect on section 411k of title 37, United States Code, as added by subsection (a), for travel and transportation costs incurred before the date of the enactment of this Act, and shall apply with respect to travel that occurs on or after that date.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

(a) Reimbursement Authorized- Section 1074i of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Technical Amendment- Subsection (a) of such section is amended by inserting ‘of Defense’ after ‘the Secretary’.CommentsClose CommentsPermalink

SEC. 635. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED MEMBERS OF THE UNIFORMED SERVICES TO ATTEND MEMORIAL CEREMONIES.(a) Allowances Authorized- SREPORT ON ADEQUACY OF WEIGHT ALLOWANCES FOR TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS FOR MEMBERS OF THE UNIFORMED SERVICES.CommentsClose CommentsPermalink

(a) Report Required- Not later than July 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) such recommended changes to the weight allowance, including an estimate of the cost of each recommended change, as the Secretary considers appropriate.CommentsClose CommentsPermalink





(b) Elements of Review- The Secretary shall consider whether the weight allowances reviewed under subsection (a) ofsection 411f of title 37, United States Code, is amended--

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraphare suitable in terms of--CommentsClose CommentsPermalink




(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.’.

recognizing the societal needs and expectations of families in the United States;CommentsClose CommentsPermalink




(2) providing for an appropriate quality of life for members of the Armed Forces in all grades; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

‘Sec. 1218a. Discharge or release from active duty: transition assistance for reserve component members injured while on active dutyCommentsClose CommentsPermalink

‘(a) Provision of Certain Information- Before a member of a reserve component described in subsection (b)Conforming Amendments- Subsection (c) of such section is demobilized or separated from the armed forces, the Secretary of the military department concerned shall provide to the member the following information:CommentsClose CommentsPermalink





‘(1) Information on the availability of care and administrative processing through community based warrior transition units.CommentsClose CommentsPermalink





‘(2) Information on the location of the community based warrior transition unit located nearest to the permanent place of residence of the member.CommentsClose CommentsPermalink





‘(b) Covered Members- Subsection (a) applies to members of a reserve component who are injured while on active duty in the armed forces.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘1218a. Discharge or release from active duty: transition assistance for reserve component members injured while on active duty.’.CommentsClose CommentsPermalink

(a) Recomputation of Retired Pay- Section 12739 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) completes at least one year of service in such position; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Adjustment of Retired Grade- Section 12771 of such title is amended--CommentsClose CommentsPermalink





(1) by striking ‘subsection (a)(1)’ the first place it appears and inserting ‘paragraphs (1) and (2) of subsection (a)’; and

(2) by striking ‘subsection (a)(1)’ the second place it appears and inserting ‘paragraph (1) or (2) of subsection (a)’.

Subtitle D--Other Matters

SEC. 651. AUTHORITY TO CONTINUE PROVISION OF INCENTIVES AFTER TERMINATION OF TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT INCENTIVES.

Subsection (i) of section 681 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3321) is amended to read as follows:

‘(i) Termination of Authority-

‘(1) IN GENERAL- The Secretary may not develop an incentive under this section, or first provide an incentive developed under this section to an individual, after December 31, 2009.

‘(2) CONTINUATION OF INCENTIVES- Nothing in paragraph (1) shall be construed to prohibit or limit the continuing provision to an individual after the date specified in that paragraph of an incentive first provided the individual under this section before that dateUnless’ and inserting ‘(a) Grade on Transfer- Unless’; andCommentsClose CommentsPermalink




(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) completes at least one year of service in such position; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 652. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY COMPENSATION43. 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.CommentsClose CommentsPermalink

(a) Repeal-

(1) IN GENERAL- Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:

(A) In section 1450, by striking subsectionElection Authority; Requirements- Subsection (a) of section 12741 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink




‘(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--CommentsClose CommentsPermalink





‘(A) satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter;CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Actions to Effectuate Election- Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink





‘(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’.CommentsClose CommentsPermalink





(c) .

(B) In section 1451(c)--

(i) by striking paragraph (2); and

(ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectivelyConforming Amendment to Reflect New Variable Age Requirement for Retirement- Subsection (d) of such section is amended--CommentsClose CommentsPermalink




(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’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(d) Retired Pay Base-CommentsClose CommentsPermalink





(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))’.CommentsClose CommentsPermalink





(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),’.CommentsClose CommentsPermalink





(e) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading for section 12741 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement’.CommentsClose CommentsPermalink

(2) CONFORMING AMENDMENTS- Such subchapter is further amended as follows:

(A) In section 1450--

(i) by striking subsection (e);

(ii) by striking subsection (k); and

(iii) by striking subsection (m).

(B) In section 1451(g)(1), by striking subparagraph (C)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:CommentsClose CommentsPermalink




‘12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.’.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) An assessment of the re-determination process, including the following:CommentsClose CommentsPermalink





(A) The rationale for requiring a quadrennial recertification of financial support after issuance of a permanent identification card to a permanently incapacitated dependent.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) The extent to which the quadrennial recertification undermines the utility of issuing a permanent identification card.CommentsClose CommentsPermalink





(D) The extent of the consequences entailed in eliminating the requirement for quadrennial recertification.CommentsClose CommentsPermalink





(2) Specific recommendations for the following:CommentsClose CommentsPermalink





(A) Improving the efficiency of the recertification process.CommentsClose CommentsPermalink





(B) Minimizing the burden of such process on the sponsors of such dependents.CommentsClose CommentsPermalink





(C) In section 1452--

(i) in subsection (f)(2), by striking ‘does not apply--’ and all that follows and inserting ‘does not apply in the case of a deduction made through administrative error.’; and

(ii) by striking subsection (g).

(D) In section 1455(c), by striking ‘, 1450(k)(2),’Eliminating the requirement for quadrennial recertification.CommentsClose CommentsPermalink

(a) In General- Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 705) shall be treated as active service for purposes of the computation under chapter 61, 71, 371, 571, 871, or 1223 of title 10, United States Code, as applicable, of the retired pay to which such individual may be entitled under title 10, United States Code.CommentsClose CommentsPermalink





(b) Prohibition on Retroactive Benefits- No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a).(c) Prohibition on Recoupment of Certain Amounts Previously Refunded to SBP Recipients- A surviving spouse who is or has beenApplicability- Subsection (a) shall apply with respect to amounts of retired pay payable under title 10, United States Code, for months beginning on or after the date of the enactment of this Act. No retired pay shall be paid to any individual by reason of subsection (a) for any period before that date.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

‘Sec. 2492a. Limitation on Department of Defense entities competing with private sector in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay undersection 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.

(d) Repeal of Authority for Optional Annuity for Dependent Children- Section 1448(d) of such title is amended--

(1) in paragraph (1), by striking ‘Except as provided in paragraph (2)(B), the Secretary concerned’ and inserting ‘The Secretary concerned’; and

(2) in paragraph (2)--

(A) by striking ‘DEPENDENT CHILDREN- ’ and all that follows through ‘In the case of a member described in paragraph (1),’ and inserting ‘DEPENDENT CHILDREN ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE- In the case of a member described in paragraph (1),’; and

(B) by striking subparagraph (B).

(e) Restoration of Eligibility for Previously Eligible Spouses- The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions ofsection 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for paymentoffering personal information servicesCommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(2) The limitation in paragraph (1) shall not be construed to prohibit or preclude the use of Department resources, personnel, or equipment to administer or facilitate personal information services contracts with private contractors.CommentsClose CommentsPermalink





‘(b) Exceptions- The limitation in subsection (a) shall not apply if the Secretary of Defense determines that--CommentsClose CommentsPermalink





‘(1) a private sector vendor is not available to provide the personal information services at specific locations;CommentsClose CommentsPermalink





‘(2) the interests of the user population would be best served by allowing the Government to provide such services; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Personal Information Services Defined- In this section, the term ‘personal information services’ means the provision of Internet, telephone, or television services to consumers.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.

(f) Effective Date- The sections and the amendments made by this section shall take effect on the later of--

(1) the first day of the first month that begins after the date of the enactment of this Act; or

(2) the first day of the fiscal year that begins in the calendar year in which this Act is enactedsubchapter is amended by inserting after section 2492 the following new item:CommentsClose CommentsPermalink




‘2492a. Limitation on Department of Defense entities competing with private sector in offering personal information services.’.CommentsClose CommentsPermalink





(c) Effect on Existing Contracts- Section 2492a of title 10, United States Code, as added by subsection (a), does not affect the validity or terms of any contract for the provision of personal information services entered into before the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 6532. REPORT ON IMPACT OF PURCHASING FROM LOCAL DISTRIBUTORS ALL ALCOHOLIC BEVERAGES FOR RESALE ON MILITARY INSTALLATIONS ON GUAM.CommentsClose CommentsPermalink

SEC. 662. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

(a) Findings- Congress makes the following findings:

(1) The Armed Forces is comprised of over 1,450,000 active-duty members from every State and territory of the United States who are assigned to thousands of installations, stations, and ships worldwide and who oftentimes must travel long distances by air at their own expense to enjoy the benefits of leave and liberty.

(2) The United States is indebted to the members of the all volunteer Armed Forces and their families who protect our Nation, often experiencing long separations due to the demands of military service and in life threatening circumstances.

(3) Military service often precludes long range planning for leave and liberty to provide opportunities for reunions and recreation with loved ones and requires changes in planning due to military necessity which results in last minute changes in planning.

(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink




(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; andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) seek to eliminate change fees or charges and any penalties for military personnel;CommentsClose CommentsPermalink





(C) seek to eliminate or reduce baggage and excess weight fees;CommentsClose CommentsPermalink





(D) offer flexible terms that allow members of the Armed Forces on active duty toto purchase, modify, or cancel tickets without time restrictions, and to waive fees (including baggage fees), ancillary costs, or penalties; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 654. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT MEMBERS DURING PHYSICAL DISABILITY EVALUATION FOLLOWING MOBILIZATION AND DEPLOYMENT.

Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsection:

‘(d)(1) The Secretary of a military department shall ensure that each member of a reserve component under the jurisdiction of the Secretary who is determined, after a mobilization and deployment to an area in which imminent danger pay is authorized under section 310 of title 37, to require evaluation for a physical or mental disability which could result in separation or retirement for disability under this chapter or placement on the temporary disability retired list or inactive status list under this chapter is retained on active duty during the disability evaluation process until such time as such member is--

‘(A) cleared by appropriate authorities for continuation on active duty; or

‘(B) separated, retired, or placed on the temporary disability retired list or inactive status list.

‘(2)(A) A member described in paragraph (1) may request termination of active duty under such paragraph at any time during the demobilization or disability evaluation process of such member.

‘(B) Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released from active duty after the member receives counseling about the consequences of termination of active duty.

‘(C) Each release from active duty under subparagraph (B) shall be thoroughly documented.

‘(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010.’.

SEC. 655. USE OF LOCAL RESIDENCES FOR COMMUNITY-BASED CARE FOR CERTAIN RESERVE COMPONENT MEMBERS.

Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection:

‘(d) Use of Local Residences for Certain Reserve Component Members- (1)(A) A member of a reserve component described by subparagraph (B) may be assigned to the community-based warrior transition unit located nearest to the member’s permanent place of residence if residing at that location is--

‘(i) medically feasible, as determined by a licensed military health care provider; and

‘(ii) consistent with--

‘(I) the needs of the armed forces; and

‘(II) the optimal course of medical treatment of the member.

‘(B) A member of a reserve component described by this subparagraph is any member remaining on active duty under section 1218(d) of this title during the period the member is on active duty under such subsection.

‘(2) Nothing in this subsection shall be construed as terminating, altering, or otherwise affecting the authority of the commander of a member described in paragraph (1)(B) to order the member to perform duties consistent with the member’s fitness for duty.

‘(3) The Secretary concerned shall pay any reasonable expenses of transportation, lodging, and meals incurred by a member residing at the member’s permanent place of residence under this subsection in connection with travel from the member’s permanent place of residence to a medical facility during the period in which the member is covered by this subsection.’.

SEC. 656. ASSISTANCE WITH TRANSITIONAL BENEFITS.

(a) In General- Chapter 61 of title 10, United States Code, is amended by inserting after section 1218 the following new section:

‘Sec. 1218a. Discharge or release from active duty: transition assistance

‘The Secretary of a military department shall provide to a member of a reserve component under the jurisdiction of the Secretary who is injured while on active duty in the armed forces the following before such member is demobilized or separated from the armed forces:

‘(1) Information on the availability of care and administrative processing through community based warrior transition units.

‘(2) The location of the community based warrior transition unit located nearest to the member’s permanent place of residence.

‘(3) An opportunity to consult with a member of the applicable judge advocate general’s corps, or other qualified legal assistance attorney, regarding the member’s eligibility for compensation, disability, or other transitional benefits.’.

(b) Clerical Amendment- The table of sections at the beginning of chapter 61 of such title is amended by inserting after the item relating to section 1218 the following new item:

‘1218a. Discharge or release from active duty: transition assistance.’.

SEC. 657. REPORT ON RECRUITMENT AND RETENTION OF MEMBERS OF THE AIR FORCE IN NUCLEAR CAREER FIELDS.

(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the efforts of the Air Force to attract and retain qualified individuals for service as members of the Air Force involved in the operation, maintenance, handling, and security of nuclear weapons.

(b) Elements- The report required by subsection (a) shall include the following:

(1) A description of current reenlistment rates, set forth by Air Force Specialty Code, of members of the Air Force serving in positions involving the operation, maintenance, handling, and security of nuclear weapons.

(2) A description of the current personnel fill rate for Air Force units involved in the operation, maintenance, handling, and security of nuclear weapons.

(3) An description of the steps the Air Force has taken, including the use of retention bonuses or assignment incentive pay, to improve recruiting and retention of officers and enlisted personnel by the Air Force for the positions described in paragraph (1).

(4) An assessment of the feasibility, advisability, utility, and cost effectiveness of establishing additional bonuses or incentive pay as a way to enhance the recruitment and retention by the Air Force of skilled personnel in the positions described in paragraph (1).

(5) An assessment of whether assignment incentive pay should be provided for members of the Air Force covered by the Personnel Reliability Program.

(6) An assessment of the long-term community management plan for recruitment and retention by the Air Force of skilled personnel in the positions described in paragraph (1).

(7) Such other matters as the Secretary considers appropriate.

SEC. 65863. SENSE OF CONGRESS ON ESTABLISHMENT OF FLEXIBLE SPENDING ARRANGEMENTS FOR THE UNIFORMED SERVICES.CommentsClose CommentsPermalink

(a) In General- It is the sense of Congress that, the Secretary of Defense, with respect to members of the 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 659. TREATMENT AS ACTIVE SERVICE FOR RETIRED PAY PURPOSES OF SERVICE AS MEMBER OF ALASKA TERRITORIAL GUARD DURING WORLD WAR II.

(a) In General- Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 705) shall be treated as active service for purposes of the computation under chapter 61, 71, 371, 571, 871, or 1223 of title 10, United States Code, as applicable, of the retired pay to which such individual may be entitled under title 10, United States Code.

(b) Applicability- Subsection (a) shall apply with respect to amounts of retired pay payable under title 10, United States Code, for months beginning on or after the date of the enactment of this Act. No retired pay shall be paid to any individual by reason of subsection (a) for any period before that date.

(c) World War II Defined- In this section, the term ‘World War II’ has the meaning given that term insection 101(8) of title 38, United States Code64. SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSATION, RETIREMENT, AND OTHER MILITARY PERSONNEL PROGRAMS.CommentsClose CommentsPermalink

Subsection (a) of section 721 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 198; 10 U.S.C. 129c note) is amended--CommentsClose CommentsPermalink





(1) by striking ‘during the period beginning on’ and inserting ‘on or after’; andCommentsClose CommentsPermalink





(2) by striking ‘, and ending on September 30, 2012’.CommentsClose CommentsPermalink

SEC. 660. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 2001, IN DETERMINATION OF REDUCED ELIGIBILITY AGE FOR RECEIPT OF NON-REGULAR SERVICE RETIRED PAY702. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS.CommentsClose CommentsPermalink

Section 12731(f)(2)(A074(d)(1)(B) of title 10, United States Code, is amended--

(1) by striking ‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008’ and inserting ‘September 11, 2001’; and

(2) by striking ‘in any fiscal year after90 days’ and inserting ‘180 days’.CommentsClose CommentsPermalink

Paragraph (3) of section 1076a(k) of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(3) Such term does not include a dependent by reason of paragraph (2) after the end of the three-year period beginning on the date of the member’s death, except that, in the case of a dependent of the deceased who is described by subparagraph (D) or (I) of section 1072(2) of this title, the period of continued eligibility shall be the longer of the following periods beginning on such date:CommentsClose CommentsPermalink





‘(A) Three years.CommentsClose CommentsPermalink





‘(B) The period ending on the date on which such date’ and inserting ‘in any fiscal year after fiscal year 2001’.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--TRICARE Program

SEC. 701ependent attains 21 years of age.CommentsClose CommentsPermalink




‘(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:CommentsClose CommentsPermalink





‘(i) The date on which such dependent ceases to pursue such a course of study, as determined by the administering Secretary.CommentsClose CommentsPermalink





‘(ii) The date on which such dependent attains 23 years of age.’.CommentsClose CommentsPermalink

SEC. 705. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED RESERVE, AND FAMILY MEMBERS, WHO ARE QUALIFIED FOR A NON-REGULAR RETIREMENT BUT ARE NOT YET AGE 60.CommentsClose CommentsPermalink

(a) In General- Chapter 55 of title 10, United States Code, is amended by inserting after section 1076d the following new section:CommentsClose CommentsPermalink

‘Sec. 1076e. TRICARE program: TRICARE Standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60CommentsClose CommentsPermalink

‘(a) Eligibility- (1) Except as provided in paragraph (2), a member of the Retired Reserve of a reserve component of the Armed Farmed 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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Family Members- While a member of a reserve component is covered by TRICARE Standard under theis 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).CommentsClose CommentsPermalink





‘(d) Premiums- (1) A member of a reserve component covered by TRICARE Standard under this section shall pay a premium for that coverage.CommentsClose CommentsPermalink





‘(2) The Secretary of Defense shall prescribe for the purposes of this section one premium for TRICARE Standard coverage of members without dependents and one premium for TRICARE Standard coverage of members with dependents referred to in subsection (f)(1). The premium prescribed for a coverage shall apply uniformly to all covered members of the reserve components covered under this section.CommentsClose CommentsPermalink





‘(3)(A) The monthly amount of the premium in effect for a month for TRICARE Standard coverage under this section shall be the amount equal to the cost of coverage that the Secretary determines on an appropriate actuarial basis.CommentsClose CommentsPermalink





‘(B) The appropriate actuarial basis for purposes of subparagraph (A) shall be determined in the manner specified in section 1076d(d)(3)(B) of this title with respect to the cost of coverage applicable under subparagraph (A).‘(4) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection.CommentsClose CommentsPermalink





‘(5) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year.CommentsClose CommentsPermalink





‘(e) Regulations- The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.CommentsClose CommentsPermalink





‘(f) Definitions- In this section:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The term ‘TRICARE Standard’ means--CommentsClose CommentsPermalink





‘(A) medical care to which a dependent described in section 1076(a)(2b)(1) of this title is entitled; andCommentsClose CommentsPermalink





‘(B) health benefits contracted for under the authority of section 107986(a) of this title and subject to the same rates and conditions as apply to persons covered under that section.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 55 of such titlesuch chapter is amended by inserting after the item relating to section 1076d the following new item:CommentsClose CommentsPermalink





‘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.’.CommentsClose CommentsPermalink





(c) Effective Date- Section 1076e of title 10, United States Code, as inserted by subsection (a), shall apply to coverage for months beginning on or after October 1, 2009, or such earlier date as the Secretary of Defense may specify.CommentsClose CommentsPermalink

SEC. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS UNDER THE TRICARE DENTAL PROGRAM.

Section 1076a(k)(3) of title 10, United States Code, is amended by inserting before the period at the end the following: ‘, except that, in the case of a dependent described by subparagraph (D) or (I) of section 1072(2) of this title, the period of continuing eligibility shall be the longer of the following periods beginning on such date:

‘(A) Three years.

‘(B) The period ending on the date on which the dependent attains 21 years of age.

‘(C) In the case of a dependent who, at 21 years of age, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was, at the time of the member’s death, in fact dependent on the member for over one-half of the dependent’s support, the period ending on the earlier of the following dates:

‘(i) The date on which the dependent ceases to pursue such a course of study, as determined by the administering Secretary.

‘(ii) The date on which the dependent attains 23 years of age’.

SEC. 7036. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF CERTAIN PERSONS OTHERWISE INELIGIBLE UNDER RETROACTIVE DETERMINATION OF ENTITLEMENT TO MEDICARE PART A HOSPITAL INSURANCE BENEFITS.CommentsClose CommentsPermalink

Section 1086(d) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (3) the following new paragraph (4):CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) not to have been covered by paragraph (1); andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) The period described in this subparagraph with respect to a person covered by subparagraph (A) is the period that--CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(ii) ends on the date of the issuance of such retroactive determination of eligibility by the Social Security Administration.’.CommentsClose CommentsPermalink

SEC. 704. REFORM AND IMPROVEMENT OF THE TRICARE PROGRAM.

(a) In General- Commencing not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the other administering Secretaries, undertake actions to reform and improve the TRICARE program.

(b) Elements- In undertaking actions to reform and improve the TRICARE program under subsection (a), the Secretary shall consider actions as follows:

(1) Actions to guarantee the availability of care without delay for eligible beneficiaries.

(2) Actions to expand and enhance sharing of health care resources among Federal health care programs, including designated providers (as that term is defined in section 721(5) of the National Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 1073 note)).

(3) Actions utilizing medical technology to speed and simplify referrals for specialty care.

(4) Actions, including a comprehensive plan, for the enhanced availability of prevention and wellness care.

(5) Actions to expand and enhance options for mental health care.

(6) Actions utilizing technology to improve direct communication with beneficiaries regarding health and preventive care.

(7) Actions regarding additional financing options for health care provided by civilian providers.

(8) Actions to improve regional or national staffing capabilities in order to enhance support provided to military medical treatment facilities facing staff shortages.

(9) Actions to reduce administrative costs.

(10) Actions to control the cost of health care and pharmaceuticals.

(11) Actions to ensure consistency throughout the TRICARE program, including actions to hold commanders of military medical treatment facilities and civilian providers accountable for compliance with access standards.

(12) Actions to create performance metrics by which to measure improvement in the TRICARE program.

(13) Such other actions as the Secretary, in consultation with the other administering Secretaries, considers appropriate.

(c) Consultation- In considering actions to be undertaken under this section, and in undertaking such actions, the Secretary shall consult with a broad range of national health care and military advocacy organizations.

(d) Reports-

(1) IN GENERAL- The Secretary shall, on a periodic basis, submit to the congressional defense committees a report on the progress being made in the reform and improvement of the TRICARE program under this section.

(2) ELEMENTS- Each report under this subsection shall include the following:

(A) A description and assessment of the progress made as of the date of such report in the reform and improvement of the TRICARE program.

(B) Such recommendations for administrative or legislative action as the Secretary considers appropriate to expedite and enhance the reform and improvement of the TRICARE program.

(e) Definitions- In this section:

(1) The term ‘administering Secretaries’ has the meaning given that term insection 1072(3) of title 10, United States Code.

(2) The term ‘TRICARE program’ has the meaning given that term insection 1072(7) of title 10, United States Code.

SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON IMPLEMENTATION OF REQUIREMENTS ON THE RELATIONSHIP BETWEEN THE TRICARE PROGRAM AND EMPLOYER-SPONSORED GROUP HEALTH PLANS.

(a) Report Required- Not later than March 31, 2010, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the requirements ofsection 1097c of title 10, United States Code, relating to the relationship between the TRICARE program and employer-sponsored group health plans.

(b) Elements- The report required by subsection (a) shall include the following:

(1) A description of the extent to which the Department of Defense has established measures to assess the effectiveness ofsection 1097c of title 10, United States Code, in reducing health care costs to the Department for military retirees and their families, and an assessment of the effectiveness of any measures so established.

(2) An assessment of the extent to which the implementation of such section 1097c has resulted in the migration of military retirees from coverage under the TRICARE Standard option of the TRICARE program to coverage under the TRICARE Prime option of the TRICARE program.

(3) A description of the exceptions adopted under subsection (a)(2) of such section 1097c to the requirements under such section 1097c, and an assessment of the effect of the exercise of any exceptions adopted on the administration of such section 1097c.

(4) An assessment of the extent to which the Department collects and assembles data on the treatment of employees eligible for participation in the TRICARE program in comparison with similar employees who are not eligible for participation in that program.

(5) A description of the outreach conducted by the Department to inform individuals eligible for participation in the TRICARE program and employers of their respective rights and responsibilities under such section 1097c, and an assessment of the effectiveness of any outreach so conducted.

(6) Such other matters with respect to the administration and effectiveness of the authorities in such section 1097c as the Comptroller General considers appropriate.

SEC. 706. SENSE OF THE SENATE ON HEALTH CARE BENEFITS AND COSTS FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.

(a) Findings- The Senate makes the following findings:

(1) Career members of the Armed Forces and their families endure unique and extraordinary demands, and make extraordinary sacrifices, over the course of 20-year to 30-year careers in protecting freedom for all Americans.

(2) The nature and extent of these demands and sacrifices are never so evident as in wartime, not only during the current combat operations, but also during the wars of the last 60 years when current retired members of the Armed Forces were on continuous call to go in harm’s way when and as needed.

(3) A primary benefit of enduring the extraordinary sacrifices inherent in a military career is a range of retirement benefits, including lifetime health benefits, that a grateful Nation provides for those who choose to subordinate their personal life to the national interest for so many years.

(4) Currently serving and retired members of the uniformed services and their families and survivors deserve benefits equal to their commitment and service to our Nation.

(5) Many employers are curtailing health benefits and shifting costs to their employees, which may result in retired members of the Armed Forces returning to the Department of Defense, and its TRICARE program, for health care benefits during retirement, and contribute to health care cost growth.

(6) Defense health costs also expand as a result of service-unique military readiness requirements, wartime requirements, and other necessary requirements that represent the ‘cost of business’ for the Department of Defense.

(7) While the Department of Defense has made some efforts to contain increases in the cost of the TRICARE program, too many of those efforts have been devoted to shifting a larger share of the costs of benefits under that program to retired members of the Armed Forces who have earned health care benefits in return for a career of military service.

(8) In some cases health care providers refuse to accept TRICARE patients because that program pays less than other public and private payors and imposes unique administrative requirements.

(9) The Department of Defense records deposits to the Department of Defense Military Retiree Health Care Fund as discretionary costs to the Department in spite of legislation enacted in 2006 that requires such deposits to be made directly from the Treasury of the United States.

(10) As a result, annual payments for the future costs of servicemember health care continue to compete with other readiness needs of the Armed Forces.

(b) Sense of Senate- It is the sense of the Senate that--

(1) the Department of Defense and the Nation have an obligation to provide health care benefits to retired members of the Armed Forces that equals the quality of their selfless service to our country;

(2) past proposals by the Department of Defense to impose substantial fee increases on military beneficiaries have failed to acknowledge properly the findings addressed in subsection (a); and

(3) the Department of Defense has many additional options to constrain the growth of health care spending in ways that do not disadvantage retired members of the Armed Forces who participate or seek to participate in the TRICARE program, and should pursue any and all such options rather than seeking large increases for enrollment fees, deductibles, and copayments for such retirees, and their families or survivors, who do participate in that program.

SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS FOR ENROLLMENT UNDER MEDICARE PART B.CommentsClose CommentsPermalink

(a) In General- Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 1111. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS FOR ENROLLMENT UNDER MEDICARE PART B.‘(a) In General- The Secretary of Defense shall establish procedures for identifying individuals ‘Sec. 1110a. Notification of certain individuals regarding options for enrollment under Medicare part B CommentsClose CommentsPermalink

‘(a) In General- (1) As soon as practicable, the Secretary of Defense shall notify each individual described in subsection (b). The Secretary of Defense shall immediately notify individuals identified under the preceding sentence that they are no --CommentsClose CommentsPermalink





‘(A) that the individual is no longer eligible for health care benefits under the TRICARE program under chapter 55 of title 10, United States Code, and of anythis chapter; andCommentsClose CommentsPermalink





‘(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.).CommentsClose CommentsPermalink





The Secretary of Defense shall ‘(2) In carrying out this subsection, the Secretary of Defense shall-- CommentsClose CommentsPermalink





‘(A) establish procedures for identifying individuals described in subsection (b); andCommentsClose CommentsPermalink





‘(B) consult with the Secretary of Health and Human Services to accurately identify and notify individuals described in subsection (b) under this subsectionsuch individuals.CommentsClose CommentsPermalink





‘(b) Individuals Described- An individual described in this subsection is an individual who is a covered beneficiary (as defined insection 1072(5) of title 10, United States Code) at the time the individual is entitled to part A of title--CommentsClose CommentsPermalink





‘(1) a covered beneficiary;CommentsClose CommentsPermalink





‘(2) entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c) under section 226(b) or section 226A of such Act (42 U.S.C. 426(b) and 426-1) and who is eligible to enroll but who has elected not to enroll (or to be deemed enrolled) during the individual’s initial enrollment period under part B of such title; andCommentsClose CommentsPermalink





‘(3) eligible to enroll in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.).’.CommentsClose CommentsPermalink





Subtitle B--Other Health Care Benefits

SEC. 711 (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: CommentsClose CommentsPermalink




‘1110a. Notification of certain individuals regarding options for enrollment under Medicare part B.’.CommentsClose CommentsPermalink

SEC. 708. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION.CommentsClose CommentsPermalink

(a) Mental Health Assessments-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance for the provision of a person-to-person mental health assessment for each member of the Armed Forces who is deployed in connection with a contingency operation as follows:CommentsClose CommentsPermalink





(A) At a time during the period beginning 60 days before the date of deployment in connection with the contingency operation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) Subject to subsection (d), not later than each of 6 months, 12 months, and 24 months after return from deployment.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Purpose- The purpose of the mental health assessments provided pursuant to this section shall be to identify Post Traumatic Stress Disorder (PTSD)post-traumatic stress disorder, suicidal tendencies, and other behavioral health issueconditions 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 issueconditions.CommentsClose CommentsPermalink





(c) Elements-CommentsClose CommentsPermalink





(1) IN GENERAL- The mental health assessments provided pursuant to this section shall--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) be conducted in a private setting to foster trust and openness in discussing sensitive health concerns; andCommentsClose CommentsPermalink





(D) be provided in a consistent manner across the military departments.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Sharing of Information-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall share with the Secretary of Veterans Affairs such information on members of the Armed Forces that is derived from confidential mental health assessments, including mental health assessments provided pursuant to this section and health assessments and other person-to-person assessments provided before the date of the enactment of this Act, as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate to ensure continuity of mental health care and treatment of members of the Armed Forces during their transition from health care and treatment provided by the Department of Defense to health care and treatment provided by the Department of Veterans Affairs.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) Applicable provisions of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note), including in particular, section 1614 of that Act (122 Stat. 443; 10 U.S.C. 1071 note).CommentsClose CommentsPermalink





(B) Section 1720F of title 38, United States Code.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(g) Reports-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) REPORTS ON IMPLEMENTATION OF GUIDANCE-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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-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.CommentsClose CommentsPermalink

SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL FOR REIMBURSEMENT OF COVERED BENEFICIARIES OF THE MILITARY HEALTH CARE SYSTEM FOR TRAVEL FOR SPECIALTY HEALTH CARE.(a) Reduction-09. TEMPORARY TRICARE INPATIENT FEE MODIFICATION.CommentsClose CommentsPermalink

Section 1074i(a86(b)(3) of title 10, United States Code, is amended by striking ‘100 miles’ and inserting ‘50 miles’.

(b) Effective Date- The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act, and shall apply with respect to referrals for specialty health care made on or after such effective date.

(c) Offset- The amount authorized to be appropriated by section 301(a)(5) for operation and maintenance for Defense-wide activities is hereby decreased by $14,000,000, with the amount of the decrease to be derived from unobligated balances.

SEC. 714. REPORT ON POST-DEPLOYMENT HEALTH ASSESSMENTS OF GUARD AND RESERVE MEMBERS.

(a) Report Required- Not later than March 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on post-deployment health assessments of Guard and Reserve members.

(b) Elements- The report required under subsection (a) shall include the following:

(1) An assessment of the feasibility of administering a Post-Deployment Health Assessment (PDHA) to each member of a reserve component of the Armed Forces returning to the member’s home station from deployment in connection with a contingency operation at such home station or in the county of residence of the member within the following timeframes:

(A) In the case of a member of the Individual Ready Reserve, an assessment administered by not later than the member’s release from active duty following such deployment or 10 days after the member’s return to such station or county, whichever occurs earlier.

(B) In the case of any other member of a reserve component of the Armed Forces returning from deployment, by not later than the member’s release from active duty following such deployment.

(2) An assessment of the feasibility of requiring that Post-Deployment Health Assessments described under paragraph (1) be performed by a practitioner trained and certified as qualified to participate in the performance of Post-Deployment Health Assessments or Post-Deployment Health Reassessments.

(3) A description of--

(A) the availability of personnel described under paragraph (2) to perform assessments described under this subsection at the home stations or counties of residence of members of the reserve components of the Armed Forces; and

(B) if such personnel are not available at such locations, the additional resources necessary to ensure such availability within one year after the date of the enactment of this Act.

Subtitle CSeptember 30, 2009’ and inserting ‘September 30, 2010’.CommentsClose CommentsPermalink

Subtitle B--Health Care AdministrationCommentsClose CommentsPermalink

SEC. 7211. COMPREHENSIVE POLICY ON PAIN MANAGEMENT BY THE MILITARY HEALTH CARE SYSTEM.CommentsClose CommentsPermalink

(a) Comprehensive Policy Required- Not later than October 1, 2010, the Secretary of Defense shall develop and implement a comprehensive policy on March 31, 2011, the Secretary of Defense shall develop and implement a comprehensive policy on pain management by the military health care system.CommentsClose CommentsPermalink





(b) Scope of Policy- The policy required by subsection (a) shall cover each of the following:CommentsClose CommentsPermalink





(1) The management of acute and chronic pain.CommentsClose CommentsPermalink





(2) The standard of care for pain management to be used throughout the Department of Defense.CommentsClose CommentsPermalink





(3) The consistent application of pain assessments throughout the Department of Defense.CommentsClose CommentsPermalink





(4) The assurance of prompt and appropriate pain care treatment and management by the Department when medically necessary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) Programs of pain care education and training for health care personnel of the Department.CommentsClose CommentsPermalink





(7) Programs of patient education for members suffering from acute or chronic pain and their families.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Annual Report-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) ELEMENTS- Each report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) A description of the policy implemented under subsection (a), and any revisions to such policy under subsection (c).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) An assessment of the adequacy of Department pain management services based on a current survey of patients managed in Department clinics.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(F) An assessment of the pain care education programs of the Department.CommentsClose CommentsPermalink





(G) An assessment of the dissemination of information on pain management to beneficiaries enrolled in the military health care system.CommentsClose CommentsPermalink

SEC. 72212. ADMINISTRATION AND PRESCRIPTION OF PSYCHOTROPIC MEDICATIONS FOR MEMBERS OF THE ARMED FORCES BEFORE AND DURING DEPLOYMENT.CommentsClose CommentsPermalink

SEC. 714. PLAN TO INCREASE THE BEHAVIORMENTAL HEALTH CAPABILITIES OF THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink

(a) Plan Required-(1) IN GENERAL- The Secretary of DefenseIncreased Authorizations- Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall increase the number of active duty mental health personnel authorized for the department under the jurisdiction of the Secretary in an amount equal to the sum of the following amounts:CommentsClose CommentsPermalink





(1) The greater of--CommentsClose CommentsPermalink





(A) the amount identified on personnel authorization documents as required but not authorized to be filled; orCommentsClose CommentsPermalink





(B) the amount that is 25 percent of the amount identified on personnel authorization documents as authorized.CommentsClose CommentsPermalink





(2) The amount required to fulfill the requirements of section 708, as determined by the Secretary concerned.CommentsClose CommentsPermalink





(b) Report and Plan on the Required Number of Mental Health Personnel-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) An evaluation of the recommendation titled ‘Ensure an Adequate Supply of Uniformed Providers’ made by the Department of Defense Task Force on Mental Health established by section 723 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3348).CommentsClose CommentsPermalink





(B) The criteria and models used to determine the appropriate number of mental health personnel.CommentsClose CommentsPermalink





(C) The plan under paragraph (2).CommentsClose CommentsPermalink





(2) PLAN- The Secretary shall develop and implement a plan to significantly increase the number of military and civilian behavioral health personnelmental health personnel of the Department of Defense by September 30, 2013.(2) ELEMENTS- The plan required by paragraph (1) The plan may include the following:CommentsClose CommentsPermalink





(A) The allocation of scholarships and financial assistance under the Health Professions Scholarship and Financial Assistance Program under subchapter I of chapter 105 of title 10, United States Code, to students pursuing advanced degrees in clinical psychology and other behaviormental health professions.CommentsClose CommentsPermalink





(B) The offering of accession and retention bonuses for psychologists as authorized bypursuant to section 620 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4489).CommentsClose CommentsPermalink





(C) An expansion of the capacity for training doctoral-level clinical psychologists at the Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(F) The reassignment of military behavioral health providersmental health personnel from administrative positions to clinical positions in support of military units.CommentsClose CommentsPermalink





(G) The offering of civilian hiring incentives and bonuses and the utilization of direct se of direct hiring authority to increase the number of behaviormental health personnel of the Department of Defense.CommentsClose CommentsPermalink





(H) Such other mechanisms to increase the number of behavioral health personnel of the Department of Defense as the Secretary considers appropriate.

(3) REPORT- Not later than January 31, 2010, the Secretary shall submit to the congressional defense committees a report on the plan required by paragraph (1). The report shall include a comprehensive description of the plan and the actions the Secretary proposes to undertake in the implementation of the plan.

(bmental health personnel of the Department of Defense as the Secretary considers appropriate.CommentsClose CommentsPermalink




(c) Report on Additional Officer or Enlisted Military Specialties for Behavioral Health CounselorsMental Health-CommentsClose CommentsPermalink





(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 as counselors with behavioral health expertise in order to better meet the mental health care needs of members of the Armed Forces and their families.CommentsClose CommentsPermalink





(2) ELEMENTS- The report required by paragraph (1) shall set forth the following:CommentsClose CommentsPermalink





(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 as counselors with behavioral health expertise.CommentsClose CommentsPermalink





(B) For each military specialty recommended to be established under subparagraph (A)--CommentsClose CommentsPermalink





(i) a description of the qualifications required for such speciality, which qualifications shall reflect lessons learned from best practices in academia and the civilian health care industry regarding positions analogous to such specialty; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 72315. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF MEDICATIONS FOR PHYSICALLY AND PSYCHOLOGICALLY WOUNDED MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Elements- The study required under subsection (a) shall include the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) A review and analysis of the published literature on factors contributing to the risk of misthe risks associated with the administration of medications, including accidental and intentional overdoses, under and over medication, and adverse interactions among medications.CommentsClose CommentsPermalink





(3) An identification of the medical conditions, and of the patient management procedures of the Department of Defense, that may increase the risks of misassociated with the administration of medications in populations of members of the Armed Forces.CommentsClose CommentsPermalink





(4) An assessment of current and best practices in the Armed Forces, other departments and agencies of gthe Federal Government, and the private sector concerning the prescription, distribution, and management of medications, and the associated coordination of care.CommentsClose CommentsPermalink





(5) An identification of means for decreasing the risks of misassociated with the administration of medications and associated problems with respect to physically and psychologically wounded members of the Armed Forces.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS FOR TROOPS SERVING IN IRAQ AND AFGHANISTAN.

(a) Report-

(1) IN GENERAL- Not later than June 30, 2010, and annually thereafter until June 30, 2015, the Secretary of Defense shall submit to Congress a report on the prescription of antidepressants and drugs to treat anxiety for troops serving in Iraq and Afghanistan.

16. LIMITATION ON OBLIGATION OF FUNDS UNDER DEFENSE HEALTH PROGRAM INFORMATION TECHNOLOGY PROGRAMS.CommentsClose CommentsPermalink

(a) Limitation- Of each amount described in subsection (c), not more than 50 percent of the amount remaining unobligated as of the date of the enactment of this Act may be obligated until 30 days after the Deputy Secretary of Defense, acting in the capacity of Chief Management Officer of the Department of Defense pursuant to section 132 of title 10, United States Code, submits to the congressional defense committees a report in accordance with subsection (b).CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) An assessment of the capability of the enterprise architecture to achieve optimal clinical practices and health care outcomes.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) A plan of action to mitigate the risks identified under paragraph (2)CONTENT- The report required under paragraph (1) shall include--

(A) the numbers and percentages of troops that have served or are serving in Iraq and Afghanistan since January 1, 2005, who have been prescribed antidepressants or drugs to treat anxiety, including psychotropic drugs such as Selective Serotonin Reuptake Inhibitors (SSRIs); and

(B).CommentsClose CommentsPermalink




(4) An assessment of the appropriateness of the health information management and information technology technical architecture and whether that architecture leverages the current best practices of industry, including the ability to meet the interoperability standards required by section 1635 of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note), as amended by section 252 of the Duncan Hunter National Defense Authorization Act for Fiscal Year for 2009 (Public Law 110-417; 122 Stat. 4400).CommentsClose CommentsPermalink





(5) An assessment, in coordination with the Secretary of Veterans Affairs, of--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) A plan to take corrective actions that are necessary to remedy shortfalls identified as a result of the assessments under this subsection.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the recommendations of the policies and patient management practices of the Department of Defense with respect to the prescription of such drugs.(b) National Institute ofAssistant Secretary for improvements to the Office or alternative organizational structures for the Office; andCommentsClose CommentsPermalink





(B) alternative organizations within the Department of Defense with equal or greater management capabilities for health information management and information technology.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) Of the amounts authorized to be appropriated for procurement for the Defense Health Program, $144,600,000.CommentsClose CommentsPermalink





(3) Of the amounts authorized to be appropriated for information technology development (program element 65013), $124,400,000.CommentsClose CommentsPermalink





(d) Comptroller General Review- Not later than 30 days after the Deputy Secretary submits the report required under subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees the results of an assessment carried out by the Comptroller General of the report and plan of action to achieve Department goals and mitigate risk in the management and execution of health information management and information technology programs.CommentsClose CommentsPermalink

(a) Report and Plan on the Mental Health StudyCare and Counseling Services Available to Military Children-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall conduct a comprehensive review of the mental health care and counseling services available to dependent children of members of the Armed Forces through the Department of Defense.CommentsClose CommentsPermalink





(2) ELEMENTS- The review under paragraph (1) shall include an assessment of the following:CommentsClose CommentsPermalink





(A) The availability, quality, and effectiveness of Department of Defense programs intended to meet the mental health care needs of military children.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(F) The extent of access to, availability, and viability of specialized mental health care for military children (including adolescents).CommentsClose CommentsPermalink





(G) The extent of any gaps in the current capabilities of the Department of Defense to provide preventive mental health services for military children.CommentsClose CommentsPermalink





(H) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink





(3) REPORT- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under paragraph (1), including the findings and recommendations of the Secretary as a result of the review.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Pilot Program-CommentsClose CommentsPermalink





(1) STUDY- The National Institute of Mental Health shall conduct a study on the potential relationship between the increased number of suicides and attempted suicides by members of the Armed Forces and the increased number of antidepressants, drugs to treat anxiety, other psychotropics, and other behavior modifying prescription medications being prescribed, including any combination or interactions of such prescriptions. The Department of Defense shall immediately make available to the National InstituteELEMENTS- 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--CommentsClose CommentsPermalink





(A) develop teams to train primary care managers in mental health evaluations and treatment of Mental Health all data necessary to complete the study.

(2) REPORT ON FINDINGS- Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the findings of the study conducted pursuant to paragraph (1).

Subtitle D--Wounded Warrior Matters

SEC. 731. PILOT PROGRAM FOR THE PROVISION OFcommon psychiatric disorders affecting children and adolescents;CommentsClose CommentsPermalink




(B) develop strategies to reduce barriers to accessing behavioral health services and encourage better use of the programs and services by children and adolescents; andCommentsClose CommentsPermalink





(C) expand the evaluation of mental health care using common indicators, including--CommentsClose CommentsPermalink





(i) psychiatric hospitalization rates;CommentsClose CommentsPermalink





(ii) non-psychiatric hospitalization rates; andCommentsClose CommentsPermalink





(iii) mental health relative value units.CommentsClose CommentsPermalink





(2) REPORTS-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) structure and mission of the program; andCommentsClose CommentsPermalink





(ii) the resources allocated to the program.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 723. CLINICAL TRIAL ON COGNITIVE REHABILITATIVE THERAPY SERVICES UNDER THE TRICARE PROGRAM.(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may, in consultation with the entities and officials referred to in subsection (d), carry out a pilot program under the TRICARE program to determine the feasibility and advisability of expanding the availabilitFOR MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

(a) Clinical Trial Required- The Secretary of Defense shall provide for a clinical trial to assess the efficacy of cognitive rehabilitative therapy services for members or former members of the Armed Forces described in subsection (b).(b)for members or former members of the Armed Forces described in subsection (b).CommentsClose CommentsPermalink





(b) Covered Members and Former Members- A member or former member of the Armed Forces is described in this subsection if--

(1) the member or former member--

(A) is otherwise eligible for medical care under the TRICARE program;

(B) has been diagnosed with a moderate to severe traumatic brain injurydescribed in this subsection is a member or former member of the Armed Forces who--CommentsClose CommentsPermalink




(1) has been diagnosed with a traumatic brain injury (TBI) incurred in the line of duty in Operation Iraqi Freedom or Operation Enduring Freedom;

(C) is retired or separated from the Armed Forces for disability under chapter 61 of title 10, United States Code; and

(D) is referred by a qualified physician andCommentsClose CommentsPermalink




(2) is referred by a qualified physician, as determined by the Secretary, for cognitive rehabilitative therapy; and(2).CommentsClose CommentsPermalink





(c) Funding-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) PROHIBITION ON USE OF CERTAIN FUNDS- Amounts in the Department of Defense Medicare-Eligible Retiree Health Care Fund under chapter 56 of title 10, United States Code, may not be used to carry out the provisions of this section.CommentsClose CommentsPermalink





(d) Reports-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) An assessment of the efficacy of cognitive rehabilitative therapy is not reasonably available to the member or former member through the Department of Veterans Affairs.

(c) Elements of Pilot Program- The Secretary of Defense shall, in consultation with the entities and officials referred to in subsection (d), develop for inclusion in the pilot program the following:

(1) Procedures for access ton treating traumatic brain injury in members and former members of the Armed Forces described in subsection (b).CommentsClose CommentsPermalink




(B) Such recommendations as the Secretary considers appropriate on means to provide increased access to safe, effective, and quality cognitive rehabilitative therapy services.(2 for such members and former members, including recommendations regarding the following:CommentsClose CommentsPermalink





(i) Procedures for access of such members and former members to cognitive rehabilitative therapy services, including appropriate treatment plans and outcome measures.CommentsClose CommentsPermalink





(ii) Qualifications and supervisory requirements for licensed and certified health care professionals providing such services.(3in the provision of such services to such members and former members.CommentsClose CommentsPermalink





(iii) A methodology for reimbursing providers for such services.

(d) Entities and Officials to Be Consulted- The entities and officials referred to in this subsection are the following:

(1) The Secretary of Veterans Affairs.

(2) The Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury.

(3) Relevant national organizations with experience in treating traumatic brain injury.

(e) Report- Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report--

(1) evaluating the effectiveness of the pilot program in providing increased access to safe, effective, and quality cognitive rehabilitative therapy services for members and former members of the Armed Forces described in subsection (b); and

(2) making recommendations with respect to the effectiveness of of such services in the provision of such services to such members and former members.CommentsClose CommentsPermalink




(C) The recommendation of the Secretary as to the advisability of including cognitive rehabilitative therapy services and the appropriateness of including such services as a benefit under the TRICARE program.CommentsClose CommentsPermalink

SEC. 73224. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, MANAGEMENT, AND TRANSITION OF RECOVERING WOUNDED, ILL, AND INJURED MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink

(a) Establishment-CommentsClose CommentsPermalink





(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’).CommentsClose CommentsPermalink





(2) PURPOSE- The purpose of the Task Force shall be to assess the effectiveness of the policies and programs developed and implemented by the Department of Defense, and by each of the military departments, to assist and support the care, management, and transition of recovering wounded, ill, and injured members of the Armed Forces, and to make recommendations for the further improvement of such policies and programscontinuous improvement of such policies and programs.CommentsClose CommentsPermalink





(3) RELATION TO SENIOR OVERSIGHT COMMITTEE- The Secretary shall ensure that the Task Force is independent of the Senior Oversight Committee (as defined in section 726(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4509)).CommentsClose CommentsPermalink





(b) Composition-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) COVERED INDIVIDUALS- The individuals appointed to the Task Force shall include the following:CommentsClose CommentsPermalink





(A) At least one member of each of the regular components of the Army, the Navy, the Air Force, and the Marine Corps.CommentsClose CommentsPermalink





(B) One member of the National Guard.CommentsClose CommentsPermalink





(C) One member of a reserve component of the Armed Forces other than National Guard.CommentsClose CommentsPermalink





(D) A number of persons from outside the Department of Defense equal to the total number of personnel from within 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.CommentsClose CommentsPermalink





(E) Persons who have experience in--CommentsClose CommentsPermalink





(i) medical care and coordination for wounded, ill, and injured members of the Armed Forces;CommentsClose CommentsPermalink





(ii) medical case management;CommentsClose CommentsPermalink





(iii) non-medical case management;CommentsClose CommentsPermalink





(iv) the disability evaluation process for members of the Armed Forces;CommentsClose CommentsPermalink





(v) veterans benefits;CommentsClose CommentsPermalink





(vi) treatment of traumatic brain injury and post -traumatic stress disorder;CommentsClose CommentsPermalink





(vii) family support;CommentsClose CommentsPermalink





(viii) medical research;CommentsClose CommentsPermalink





(ix) vocational rehabilitation; orCommentsClose CommentsPermalink





(x) disability benefits.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) INDIVIDUALS APPOINTED FROM OUTSIDE DEPARTMENT OF DEFENSE- The individuals appointed to the Task Force from outside the Department of Defense--CommentsClose CommentsPermalink





(A) with the concurrence of the Secretary of Veterans Affairs, shall include an officer or employee of the Department of Veterans Affairs; andCommentsClose CommentsPermalink





(B) may include individuals from other departments or agencies of the Federal Government, from State and local agencies, or from the private sector.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Report RequiredAnnual Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 12 months after the date on which all members of the Task Force have been appointed, the Task Force shall submit to the Secretary of Defense a report. Theand 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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) A plan for the activities of the Task Force in the year following the year covered by the report.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) METHODOLOGY- For purposes of the reports, the Task Force--CommentsClose CommentsPermalink





(A) shall conduct site visits and interviews as the Task Force considers appropriate;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) may utilize such other means se 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.CommentsClose CommentsPermalink





(3) MATTERS TO BE REVIEWED AND ASSESSED- For purposes of the reports, the Task Force shall review and assess the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) The effectiveness of the Interagency Program Office in achieving fully interoperable electronic health records by September 30, 2009, in accordance with section 1635 of the Wounded Warrior Act (10 U.S.C. 1071 note).(C)Staffing of Army Warrior Transition Units, Marine Corps Wounded Warrior Regiments, Navy and Air Force Medical Hold or Medical Holdover Units, and other service-related programs or units for recovering wounded, ill, and injured members of the Armed Forces, including the use of applicable hiring authorities to ensure the proper staffing of such programs and units.CommentsClose CommentsPermalink





(D) The legal support available to recovering wounded, ill, and injured members of the Armed Forces and their families.

(E) The support and assistance provided to recovering wounded, ill, and injured members of the Armed Forces as they progress through the military disability evaluation system.

(F) The effectiveness of any measures under pilot programs to improve or enhance the military disability evaluation system.

(G) The effectiveness of the Senior Oversight Committee in facilitating and overseeing collaboration between the Department of Defense and the Department of Veterans Affairs on matters relating to the care, management, and transition of recovering wounded, ill, and injured members of the Armed Forces.

(HC) The establishment and effectiveness of performance and accountability standards for warrior transition units and programs.CommentsClose CommentsPermalink




(D) The availability of services for traumatic brain injury and post traumatic stress disorder.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(I) The establishment and effectiveness of performance and accountability standards for warrior transition units and programs.

(J) The support available to family caregivers of recovering wounded, ill, and injured members of the Armed Forces.

(K) The availability of vocational training for recovering wounded, ill, and injured members of the Armed Forces seeking to transition to civilian life.

(L) The availability of services for traumatic brain injury and post traumatic stress disorder.

(M) The support systems in place to ease the transition of recovering wounded, ill, and injured members of the Armed Forces from the Department of Defense to the Department of Veterans Affairs.

(NF) The effectiveness of the Interagency Program Office in achieving fully interoperable electronic health records by September 30, 2009, in accordance with section 1635 of the Wounded Warrior Act (title XVI of Public Law 110-181; 122 Stat. 460; 10 U.S.C. 1071 note).CommentsClose CommentsPermalink




(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.CommentsClose CommentsPermalink





(OH) The support available to family caregivers of recovering wounded, ill, and injured members of the Armed Forces.CommentsClose CommentsPermalink





(I) The legal support available to recovering wounded, ill, and injured members of the Armed Forces and their families.CommentsClose CommentsPermalink





(J) The availability of vocational training for recovering wounded, ill, and injured members of the Armed Forces seeking to transition to civilian life.CommentsClose CommentsPermalink





(K) The effectiveness of any measures under pilot programs to improve or enhance the military disability evaluation system.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(N) Interagency matters affecting recovering wounded, ill, and injured members of the Armed Forces in their transition to civilian life.CommentsClose CommentsPermalink





(P) Overall coordination between the 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.CommentsClose CommentsPermalink





(P) Overall coordination between the Department of Defense and the Department of Veterans Affairs on the matters specified in this paragraph.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) TRANSMITTAL- Not later than 90 days after receipt of the report required by paragraph (1) the Secretary of Defense shall transmit the report, together witha 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, to the Committees on Armed Services of the Senate and the House of Representatives.CommentsClose CommentsPermalink





(d) Plan Required- Not later than six months after the receipt under subsection (c) of the report of the Task Force under that subsectionof 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 as included in the report of the Task Force under subsection (c).(e)included in the report.CommentsClose CommentsPermalink





(e) Administrative Matters-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Termination- The Task Force shall terminate 90 days after the date on which the Task Force submits to the Secretary of Defense the report of the Task Force under subsectionon the date that is five years after the date of the enactment of this Act.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Clinical Trials Described-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) Pain management.CommentsClose CommentsPermalink





(B) Orthopedic injuries or disorders that do not require surgery.CommentsClose CommentsPermalink





(C) Smoking cessation.CommentsClose CommentsPermalink





(2) INTERVENTIONAL TRIALS- The clinical trials required by subsection (a) shall include interventional trials that, at a minimum, cover the following topics:CommentsClose CommentsPermalink





(A) The effect of chiropractic treatment on the reflexes and reaction times of special operation forces.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) .SEC. 733. REPORT ON USE OF ALTERNATIVE THERAPIES IN TREATMENT OFSchedule-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Trial Participants- A participant of a clinical trial required by subsection (a) shall be a member of the Armed Forces on active duty.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Reports-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 726. INDEPENDENT STUDY ON POST-TRAUMATIC STRESS DISORDER.

(a) In General- Not later than December 31, 2010, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on research related to post-traumatic stress disorder.

(b) Elements- The report EFFORTS.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Elements- The study required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) The status of allA list of each operative program and method available for the prevention, screening, diagnosis, treatment, or rehabilitation of post-traumatic stress disorder, including--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) The status of studies and clinical trials that involve treatments of post-traumatic stress disorder conducted by the Department of Defense and the Department of Veterans Affairs.(2) Tinvolving 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--CommentsClose CommentsPermalink





(A) efforts to identify physiological markers of post-traumatic stress disorder;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) the effectiveness of alternative therapies in the treatment of post-traumatic stress disorder, including the therapeutic use of animals.(3) I;CommentsClose CommentsPermalink





(D) the effectiveness of administering pharmaceutical agents before, during, or after a traumatic event in the prevention and treatment of post-traumatic stress disorder; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congres3) 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:CommentsClose CommentsPermalink





(A) Fort Hood, Texas.CommentsClose CommentsPermalink





(B) Fort Bliss, Texas.CommentsClose CommentsPermalink





(C) Fort Campbell, Tennessee.CommentsClose CommentsPermalink





(D) Other locations the entity conducting the study considers appropriate.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the availability of such treatment and services;CommentsClose CommentsPermalink





(B) the access to such treatment and services;CommentsClose CommentsPermalink





(C) the need for such treatment and services; andCommentsClose CommentsPermalink





(D) the efficacy and adequacy of such treatment and services.CommentsClose CommentsPermalink





(6) A description of areas for expanded future research with respect to post-traumatic stress disorder.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the incidence of post-traumatic stress disorder among members of the Armed Forces and veterans;CommentsClose CommentsPermalink





(B) the availability and effectiveness of various treatment programs and methods available for post-traumatic stress disorder;CommentsClose CommentsPermalink





(C) the current and future projected costs of such treatment programs and methods; orCommentsClose CommentsPermalink





(D) additional areas of needed research.CommentsClose CommentsPermalink





(8) Any other matters the entity conducting the study considers relevant.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Updated Reports Required-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Appropriate Committees Defined- In this section, the term ‘appropriate committees’ means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Veterans’ Affairs of the Senate; and(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Veterans’ Affairs of the House of Representative, and the Committee on Energy and Commerce of the House of Representatives; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on stipends paid under section 704 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 188; 10 U.S.C. 1076 note). The report shall include--CommentsClose CommentsPermalink





(1) the number of stipends paid;CommentsClose CommentsPermalink





(2) the amount of the average stipend; andCommentsClose CommentsPermalink





(3) the number of members who received such stipends.CommentsClose CommentsPermalink

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERSCommentsClose CommentsPermalink

Subtitle A--Acquisition Policy and Management

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

s Sec. 811. Justification and approval of sole-source contracts. CommentsClose CommentsPermalink





Sec. 812. Revision of Defense Supplement relating to payment of costs prior to definitization.CommentsClose CommentsPermalink





Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 814. Amendment to notification requirements for awards of single source task or delivery orders.CommentsClose CommentsPermalink





Sec. 815. Clarification of uniform suspension and debarment requirement.CommentsClose CommentsPermalink





Sec. 816. Extension of authority for use of simplified acquisition procedures for certain commercial items.CommentsClose CommentsPermalink





Sec. 817. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs.CommentsClose CommentsPermalink





Sec. 818. Small arms production industrial base matters.CommentsClose CommentsPermalink





Sec. 819. Contract authority for advanced component development or prototype units.CommentsClose CommentsPermalink





Sec. 820. Publication of notification of bundling of contracts of the Department of Defense.CommentsClose CommentsPermalink

SEC. 801. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF PROTOTYPE UNITEMPORARY AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN; REPORT.CommentsClose CommentsPermalink

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

(a) Contract Authoritydification of Requirement for Specification of Amounts Requested for Procurement of Contract Services-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 139 of title 10, United States Code, is amended by inserting after section 2359b the following new section:‘Sec. 2359c. Contract authority for advanced development of prototype units

‘(a) Authority- A contract initially awarded from the competitive selection of a proposal resulting from a broad agency announcement pursuant to section 2302(2)(B) of this title may contain a contract line item or an option, including not-to-exceed prices, for either of the following:

‘(1) The delivery of a specified number of prototype items to demonstrate technology developed under the contract.

‘(2) The provision, for a specified period of time, of advanced component development effort or effort to prototype technology developed under the contract.

‘(b) Limitations- (1) The number of prototype items specified pursuant to subsection (a)(1) may not exceed the minimum number required to ensure that research and development work can continue without interruption during the solicitation and award of a follow-on competitive contract.

‘(2) The period of time specified under subsection (a)(2) may not exceed 12 months.

‘(3) The dollar value of the work to be performed pursuant to a contract line item or option under subsection (a) may not exceed the lesser of the amounts as follows:

‘(A) The amount that is three times the dollar value of the work previously performed under the contract.

‘(B) $20,000,0004 the following new section:CommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(b) Information Provided- For each budget account, the materials submitted shall clearly and separately identify--CommentsClose CommentsPermalink





‘(1) the amount requested for the procurement of contract services for each Department of Defense component, installation, or activity; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Contract Services Defined- In this section, the term ‘contract services’--CommentsClose CommentsPermalink





‘(1) means services from contractors; butCommentsClose CommentsPermalink





‘(2) excludes services relating to research and development and services relating to military construction.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2359b the following new item:‘2359c. Contract authority for advanced development of prototype unitssuch chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘235. Procurement of contract services: specification of amounts requested in budget.’.CommentsClose CommentsPermalink





(3) REPEAL OF SUPERSEDED PROVISION- Section 806 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 221 note) is repealed.CommentsClose CommentsPermalink





(b) Sunset-

(1) IN GENERAL- Effective on the date that is five years after the date of the enactment of this Act--

(A)section 2359c of title 10, United States Code (as added by subsection (a)), is repealed; and

(B) the table of sections at the beginning of chapter 139 of such title (as amended by subsection (a)) is further amended by striking the item relating to section 2359cClarification of Contract Services Review and Planning Requirements- Section 2330a(e) of title 10, United States Code, is amended in paragraph (4) by inserting after ‘plan’ the following: ‘, including an enforcement mechanism and approval process,’.CommentsClose CommentsPermalink




(c) Comptroller General Report on Inventory- Not later than 180 days after the date on which the Secretary of Defense submits to Congress the inventory required by section 2330a(c) of title 10, United States Code, in each of 2010, 2011 and 2012, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the inventory so submitted, with such findings and recommendations as the Comptroller General considers appropriate.CommentsClose CommentsPermalink