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S 1390 PCS

Calendar No. 89

ESCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1390CommentsClose CommentsPermalink

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To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

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.

(a) Divisions- This Act is organized into fourseven 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 Tables.CommentsClose CommentsPermalink





(b) 5) Division E-Matthew Shepard Hate Crimes Prevention Act.CommentsClose CommentsPermalink





(6) Division F-SBIR/STTR Reauthorization.CommentsClose CommentsPermalink





(7) Division G-Maritime Administration Authorization.CommentsClose CommentsPermalink





(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 table.CommentsClose CommentsPermalink





Sec. 106. Elimination of F-22A aircraft procurement funding.CommentsClose CommentsPermalink

Subtitle B--Navy Programs

Sec. 111. Treatment of Littoral Combat Ship program as a major defense acquisition program.CommentsClose CommentsPermalink





Sec. 112. Report on strategic plan for homeporting the Littoral Combat Ship.CommentsClose CommentsPermalink





Sec. 113. Procurement programs for future naval surface combatants.CommentsClose CommentsPermalink





Sec. 114. 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.CommentsClose CommentsPermalink

Subtitle C--Air Force Matters

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





Sec. 122. 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-22A fighter aircraft.CommentsClose CommentsPermalink





Sec. 124. Next generation bomber aircraft.CommentsClose CommentsPermalink





Sec. 125. AC-130 gunships.CommentsClose CommentsPermalink





Sec. 126. Report on E-8C Joint Surveillance and Target Attack Radar System re-engining.CommentsClose CommentsPermalink

Subtitle D--Joint and Multiservice Matters

Sec. 131. Modification of nature of data link utilizable 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

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Continued development of competiLimitation 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.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.CommentsClose CommentsPermalink





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





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





Sec. 215. Extension and enhancement of Global Research Watch Program.CommentsClose CommentsPermalink





Sec. 216. Three-year extension of authority for prizes for advanced technology achievements.CommentsClose CommentsPermalink





Sec. 217. Modification of report requirements regarding Defense Science and Technology Program.CommentsClose CommentsPermalink





Sec. 218. Programs for ground combat vehicle and self propelled howitzer capabilities for the Army.CommentsClose CommentsPermalink





Sec. 219. Assessment of technological maturity and integration risk of Army modernization programs.CommentsClose CommentsPermalink





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





Sec. 221. Systems engineering and prototyping program.CommentsClose CommentsPermalink

Subtitle C--Missile Defense Programs

Sec. 241. Sense of Congress on ballistic missile defense.CommentsClose CommentsPermalink





Sec. 242. Comprehensive plan for test and evaluation of the Ballistic Missile Defense System.CommentsClose CommentsPermalink





Sec. 243. 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.CommentsClose CommentsPermalink





Sec. 245. 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 systems in Europe.CommentsClose CommentsPermalink





Sec. 247. Extension of deadline for study on boost-phase missile defense.CommentsClose CommentsPermalink

Subtitle D--Other Matters

Sec. 251. Repeal of requirement for biennial joint warfighting science and technology plan.CommentsClose CommentsPermalink





Sec. 252. Modification of reporting requirement for defense nanotechnology research and development program.CommentsClose CommentsPermalink





Sec. 253. 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

Subtitle B--Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with the former Nansemond Ordnance Depot Site, Suffolk, Virginia.CommentsClose CommentsPermalink

Subtitle C--Workplace and Depot Issues

Sec. 321. 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.CommentsClose CommentsPermalink





Sec. 323. Temporary suspension of authority for public-private competitions.CommentsClose CommentsPermalink





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





Sec. 323B. Time limitation on duration of public-private competitions.CommentsClose CommentsPermalink





Sec. 323C. Termination of certain public-private competitions for conversion of department of defense functions to performance by a contractor.CommentsClose CommentsPermalink





Sec. 324. Extension of arsenal support program initiative.CommentsClose CommentsPermalink





Sec. 325. Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and repair workloads.CommentsClose CommentsPermalink

Subtitle D--Energy Provisions

Sec. 331. Energy security on Department of Defense installations.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.CommentsClose CommentsPermalink





Sec. 334. Authorization of appropriations for Director of Operational Energy.CommentsClose CommentsPermalink





Sec. 335. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods.CommentsClose CommentsPermalink

Subtitle E--Reports

Sec. 341. Study on Army modularity.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 Reserve.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

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





Sec. 402. Additional authority for increases of Army active -duty end strengths for fiscal years 20110, 2011, 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 trainee account for the Army National Guard.CommentsClose CommentsPermalink





Sec. 417. Authority for service Secretary variances for Selected Reserve end strengths.CommentsClose CommentsPermalink

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.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.CommentsClose CommentsPermalink





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





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 Force.CommentsClose CommentsPermalink

Subtitle B--Reserve Component Management

Sec. 511. Report on requirements of the National Guard for non-dual status technicians.CommentsClose CommentsPermalink

Subtitle C--Education and Training

Sec. 521. Grade of commissioned officers in uniformed medical accession programs.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.CommentsClose CommentsPermalink





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





Sec. 524. Air Force Academy Athletic Association.CommentsClose CommentsPermalink

Subtitle D--Defense Dependents’ Education Matters

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





Sec. 536. Sense of Senate on 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.CommentsClose CommentsPermalink





Sec. 538. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents.CommentsClose CommentsPermalink

Subtitle E--Military Justice and Legal Assistance Matters

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

Subtitle F--Military Family Readiness Matters

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





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





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





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





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





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





Sec. 558. Report on Yellow Ribbon Reintegration Program.CommentsClose CommentsPermalink





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





Sec. 560. Full access to mental health care for family members of members of the National Guard and Reserve who are deployed overseas.CommentsClose CommentsPermalink





Sec. 561. Comptroller General report on child care assistance for deployed members of the reserve components of the Armed Forces.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 572. Clarification of performance policies for military musical units and musicians.CommentsClose CommentsPermalink





Sec. 573. Guarantee of residency for spouses of military personnel for voting purposes.CommentsClose CommentsPermalink





Sec. 574. Determination for tax purposes of residence of spouses of military personnel.CommentsClose CommentsPermalink





Sec. 575. Suspension of land rights residency requirement for spouses of military personnel.CommentsClose CommentsPermalink





Sec. 576. Modification of Department of Defense share of expenses under National Guard Youth Challenge Program.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 families.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.CommentsClose CommentsPermalink





Sec. 603. Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents.CommentsClose CommentsPermalink





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

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces.CommentsClose CommentsPermalink





Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink





Sec. 613. Extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink





Sec. 614. Extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.CommentsClose CommentsPermalink





Sec. 615. Extension of authorities relating to payment of other title 37 bonuses and special pays.CommentsClose CommentsPermalink





Sec. 616. Extension of authorities relating to payment of referral bonuses.CommentsClose CommentsPermalink





Sec. 617. Special compensation for members of the uniformed services with combat-related catastrophicserious injuries or illnesses requiring assistance in everyday living.CommentsClose CommentsPermalink





Sec. 618. Temporary authority for monthly special pay for members of the Armed Forces subject to continuing active duty or service under stop-loss authorities.CommentsClose CommentsPermalink

Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation allowances for designated individuals of wounded, ill, or injured members of the uniformed services for duration of inpatient treatment.CommentsClose CommentsPermalink





Sec. 632. Travel and transportation allowances for non-medical attendants of seriously wounded, ill, or injured members of the uniformed services.CommentsClose CommentsPermalink





Sec. 633. Travel and transportation allowances for members of the reserve components of the Armed Forces on leave for suspension of training.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 ceremonies.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.CommentsClose CommentsPermalink





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





Sec. 653. Sense of Congress on airfares for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 654. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment.CommentsClose CommentsPermalink





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





Sec. 656. Assistance with transitional benefits.CommentsClose CommentsPermalink





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





Sec. 658. Sense of Congress on establishment of flexible spending arrangements for the uniformed services.CommentsClose CommentsPermalink





Sec. 659. Treatment as active service for retired pay purposes of service as member of Alaska Territorial Guard during World War II.CommentsClose CommentsPermalink





Sec. 660. Inclusion of service after September 11, 2001, in determination of reduced eligibility age for receipt of non-regular service retired pay.CommentsClose CommentsPermalink

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--TRICARE Program

Sec. 701. TRICARE Standard coverage for certain members of the Retired Reserve, and family members, who are qualified for a non-regular retirement but are not yet age 60.CommentsClose CommentsPermalink





Sec. 702. Expansion of eligibility of survivors under the TRICARE dental program.CommentsClose CommentsPermalink





Sec. 703. 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.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





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





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.CommentsClose CommentsPermalink





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.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.CommentsClose CommentsPermalink





Sec. 714. Report on post-deployment health assessments of Guard and Reserve members.CommentsClose CommentsPermalink

Subtitle C--Health Care Administration

Sec. 721. Comprehensive policy on pain management by the military health care system.CommentsClose CommentsPermalink





Sec. 722. Plan to increase the behavioral health capabilities of the Department of Defense.CommentsClose CommentsPermalink





Sec. 723. 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.CommentsClose CommentsPermalink

Subtitle D--Wounded Warrior Matters

Sec. 731. Report onPilot program for the provision of cognitive rehabilitation for members of the Armed Forces with Traumatic Brain Injuryve therapy services under the TRICARE program.CommentsClose CommentsPermalink





Sec. 732. 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 disorder.CommentsClose CommentsPermalink

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

Subtitle A--Amendments to General Contracting Authorities, Procedures, and Limitations

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





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

Subtitle B--Acquisition Policy and Management

Sec. 811. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs.CommentsClose CommentsPermalink





Sec. 812. Funding of Department of Defense Acquisition Workforce Development Fund.CommentsClose CommentsPermalink





Sec. 813. Enhancement of expedited hiring authority for defense acquisition workforce positions.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 Defense.CommentsClose CommentsPermalink





Sec. 815. Comptroller General of the United States report on training of acquisition and audit personnel of the Department of Defense.CommentsClose CommentsPermalink

Subtitle C--Contractor Matters

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.CommentsClose CommentsPermalink





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

Subtitle D--Other Matters

Sec. 831. Enhanced authority to acquire products and services produced in Central Asia, Pakistan, and the South Caucasus.CommentsClose CommentsPermalink





Sec. 832. Small arms production industrial base matters.CommentsClose CommentsPermalink





Sec. 833. Extension of SBIR and STTR programs of the Department of Defense.CommentsClose CommentsPermalink





Sec. 834. Expansion and permanent authority for small business innovation research commercialization program.CommentsClose CommentsPermalink





Sec. 835. Measures to ensure the safety of facilities, infrastructure, and equipment for military operations.CommentsClose CommentsPermalink





Sec. 836. 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 chain.CommentsClose CommentsPermalink





Sec. 838. Small business contracting programs parity.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 Defense.CommentsClose CommentsPermalink





Sec. 902. Repeal of certain limitations on personnel and consolidation of reports on major Department of Defense headquarters activities.CommentsClose CommentsPermalink





Sec. 903. Sense of Senate on the Western Hemisphere Institute for Security Cooperation.CommentsClose CommentsPermalink





Sec. 904. Reestablishment of position of Vice Chief of the National Guard Bureau.CommentsClose CommentsPermalink

Subtitle B--Space Matters

Sec. 911. Provision of space situational awareness services and information to non-United States Government entities.CommentsClose CommentsPermalink





Sec. 912. Plan for management and funding of National Polar-Orbiting Operational Environmental Satellite System Program.CommentsClose CommentsPermalink

Subtitle C--Intelligence Matters

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

Subtitle D--Other Matters

Sec. 931. United States Military Cancer Institute.CommentsClose CommentsPermalink





Sec. 932. Instruction of private sector employees in cyber security courses of the Defense Cyber Investigations Training Academy.CommentsClose CommentsPermalink





Sec. 933. Plan on access to national airspace for unmanned aircraft.CommentsClose CommentsPermalink

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.CommentsClose CommentsPermalink





Sec. 1002. 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.CommentsClose CommentsPermalink





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





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





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

Subtitle C--Counter-Drug Activities

Sec. 1021. Extension and modification of authority to provide additional support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink





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





Sec. 1023. One-year extension of authority to support unified counter-drug and counterterrorism campaign in Colombia.CommentsClose CommentsPermalink

Subtitle D--Military Commissions

Sec. 1031. Military commissions.CommentsClose CommentsPermalink





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





Sec. 1033. No Miranda warnings for Al Qaeda terrorists.CommentsClose CommentsPermalink

Subtitle E--Medical Facility Matters

Sec. 1041. Short title.CommentsClose CommentsPermalink





Sec. 1042. Executive agreement.CommentsClose CommentsPermalink





Sec. 1043. Transfer of property.CommentsClose CommentsPermalink





Sec. 1044. Transfer of civilian personnel of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1045. Joint funding authority for the Captain James A. Lovell Federal Health Care Center.CommentsClose CommentsPermalink





Sec. 1046. Eligibility of members of the uniformed services for care and services at the Captain James A. Lovell Federal Health Care Center.CommentsClose CommentsPermalink





Sec. 1047. Extension of DOD-VA Health Care Sharing Incentive Fund.CommentsClose CommentsPermalink

Subtitle F--Miscellaneous Requirements, Authorities, and Limitations

Sec. 1051. Congressional earmarks relating to the Department of Defense.CommentsClose CommentsPermalink





Sec. 1052. 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.CommentsClose CommentsPermalink





Sec. 1054. Business process reengineering.CommentsClose CommentsPermalink





Sec. 1055. Responsibility for preparation of biennial global positioning system report.CommentsClose CommentsPermalink





Sec. 1056. 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 programs.CommentsClose CommentsPermalink





Sec. 1058. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force.CommentsClose CommentsPermalink





Sec. 1059. Additional duty for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents.CommentsClose CommentsPermalink

Subtitle G--Reports

Sec. 1071. National intelligence estimate on nuclear aspirations of non-state entities and nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty.CommentsClose CommentsPermalink





Sec. 1072. Comptroller General of the United States assessment of military whistleblower protections.CommentsClose CommentsPermalink





Sec. 1073. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Forces.CommentsClose CommentsPermalink





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





Sec. 1075. Report on Air America.CommentsClose CommentsPermalink





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





Sec. 1077. Report on defense travel simplification.CommentsClose CommentsPermalink





Sec. 1078. Report on modeling and simulation activities of United States Joint Forces Command.CommentsClose CommentsPermalink





Sec. 1079. Report on enabling capabilities for special operations forces.CommentsClose CommentsPermalink

Subtitle H--Other Matters

Sec. 1081. Transfer of Navy aircraft N40VT.CommentsClose CommentsPermalink





Sec. 1082. Transfer of Big Crow aircraft.CommentsClose CommentsPermalink





Sec. 1083. Plan for sustainment of land-based solid rocket motor industrial base.CommentsClose CommentsPermalink





Sec. 1084. Pilot program on 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 Forces.CommentsClose CommentsPermalink





Sec. 1086. Federal Employees Retirement System age and retirement treatment for certain retirees of the Armed Forces.CommentsClose CommentsPermalink





Sec. 1087. Sense of Congress on manned airborne irregular warfare platforms.CommentsClose CommentsPermalink





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





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





Sec. 1090. Contracting improvements.CommentsClose CommentsPermalink





Sec. 1091. National D-Day Memorial study.CommentsClose CommentsPermalink

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Repeal of National Security Personnel System; Department of Defense personnel authorities.CommentsClose CommentsPermalink





Sec. 1102. Extension and modification of experimental personnel management program for scientific and technical personnel.CommentsClose CommentsPermalink





Sec. 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.CommentsClose CommentsPermalink





Sec. 1104. Availability of funds for compensation of certain civilian employees of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1105. Department of Defense Civilian Leadership Program.CommentsClose CommentsPermalink





Sec. 1106. Review of defense laboratories for participation in defense laboratory personnel demonstration projects.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.CommentsClose CommentsPermalink





Sec. 1202. 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. 1203. Modification of authorities relating to program to build the capacity of foreign military forces.CommentsClose CommentsPermalink





Sec. 1204. 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 operations.CommentsClose CommentsPermalink





Sec. 1206. One-year extension and expansion of Commanders’ Emergency Response Program.CommentsClose CommentsPermalink





Sec. 1207. One-year extension of authority for security and stabilization assistance.CommentsClose CommentsPermalink





Sec. 1208. 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.CommentsClose CommentsPermalink





Sec. 1210. Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.CommentsClose CommentsPermalink





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





Sec. 1212. Availability of appropriated funds for the State Partnership Program.CommentsClose CommentsPermalink





Sec. 1213. Authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 1214. Certification requirement for Coalition Support Fund reimbursements.CommentsClose CommentsPermalink

Subtitle B--Reports

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





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





Sec. 1223. Report on Venezuela.CommentsClose CommentsPermalink





Sec. 1224. Report on military power of Iran.CommentsClose CommentsPermalink





Sec. 1225. Annual counterterrorism status reports.CommentsClose CommentsPermalink





Sec. 1226. Report on Taiwan’s air force.CommentsClose CommentsPermalink





Sec. 1227. Report on United States contributions to the United Nations.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 1231. Sense of Congress on establishment of measures of progress to evaluate United States strategic objectives in Afghanistan and Pakistan.CommentsClose CommentsPermalink





Sec. 1232. Sense of the Senate on imposing sanctions with respect to the Islamic Republic of Iran.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 terrorism.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 Treaty.CommentsClose CommentsPermalink





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





Sec. 1236. Report on feasibility and desirability of establishing general uniform procedures and guidelines for the provision of monetary assistance by the United States to civilian foreign nationals for losses incident to combat activities of the armed forces.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 Program.CommentsClose CommentsPermalink





Sec. 1304. Authorization of use of Cooperative Threat Reduction program funds for bilateral and multilateral nonproliferation and disarmament activities.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.CommentsClose CommentsPermalink





Sec. 1404. Chemical Agents and Munitions Destruction, Defense.CommentsClose CommentsPermalink





Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1406. Defense Inspector General.CommentsClose CommentsPermalink





Sec. 1407. Funding table.CommentsClose CommentsPermalink

Subtitle B--National Defense Stockpile

Sec. 1411. 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 excess of $80,000,000.CommentsClose CommentsPermalink

Subtitle C--Armed Forces Retirement Home

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

TITLE XV--OVERSEAS CONTINGENCY OPERATIONS

Sec. 1501. Purpose.CommentsClose CommentsPermalink





Sec. 1502. Army procurement.CommentsClose CommentsPermalink





Sec. 1503. Navy and Marine Corps procurement.CommentsClose CommentsPermalink





Sec. 1504. Air Force procurement.CommentsClose CommentsPermalink





Sec. 1505. Defense-wide activities procurement.CommentsClose CommentsPermalink





Sec. 1506. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 1507. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 1508. Military personnel.CommentsClose CommentsPermalink





Sec. 1509. Working capital funds.CommentsClose CommentsPermalink





Sec. 1510. Defense Health Program.CommentsClose CommentsPermalink





Sec. 1511. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1512. Defense Inspector General.CommentsClose CommentsPermalink





Sec. 1513. Treatment as additional authorizations.CommentsClose CommentsPermalink





Sec. 1514. Funding tables.CommentsClose CommentsPermalink





Sec. 1515. Special transfer authority.CommentsClose CommentsPermalink





Sec. 1516. Limitations on availability of funds in Afghanistan Security Forces Fund.CommentsClose CommentsPermalink





Sec. 1517. Availability of funds in Pakistan Counterinsurgency Fund.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.CommentsClose CommentsPermalink





Sec. 2004. Funding tables.CommentsClose CommentsPermalink





Sec. 2005. Technical corrections regarding certain military construction projects, New Mexico.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. 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. Extension of authorizations of certain fiscal year 2007 projects.CommentsClose CommentsPermalink





Sec. 2306. 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.CommentsClose CommentsPermalink





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 housing.CommentsClose CommentsPermalink





Sec. 2403. Energy conservation projects.CommentsClose CommentsPermalink





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





Sec. 2405. Modification of authority to carry out certain fiscal year 2008 project.CommentsClose CommentsPermalink





Sec. 2406. Modification of authority to carry out certain fiscal year 2009 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, Defense-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, 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. 2704. Report on global defense posture realignment and interagency review.CommentsClose CommentsPermalink





Sec. 2705. Sense of the Senate on need for community assistance related to base closures and realignments and force repositioning.CommentsClose CommentsPermalink





Sec. 2706. 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 at Pease Air National Guard Base, New Hampshire.CommentsClose CommentsPermalink





Sec. 2708. Requirement for master plan to provide world class military medical facilities in the National Capital Region.CommentsClose CommentsPermalink

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Sec. 2801. Military construction and land acquisition projects authorized by American Recovery and Reinvestment Act of 2009.CommentsClose CommentsPermalink

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 responsibility.CommentsClose CommentsPermalink





Sec. 2812. Modification of authority for scope of work variations.CommentsClose CommentsPermalink





Sec. 2813. Modification of conveyance authority at military installations.CommentsClose CommentsPermalink





Sec. 2814. Two-year extension of authority for pilot projects for acquisition or construction of military unaccompanied housing.CommentsClose CommentsPermalink

Subtitle B--Energy Security

Sec. 2821. Report on Department of Defense efforts toward installation of solar panels and other renewable energy projects on military installations.CommentsClose CommentsPermalink

Subtitle C--Land Conveyances

Sec. 2831. Land Cconveyance, Naval Air Station Oceana, Virginia.CommentsClose CommentsPermalink





Sec. 2832. Release of reversionary interest.CommentsClose CommentsPermalink





Sec. 2833. Land conveyance, Ellsworth Air Force Base, South Dakota.CommentsClose CommentsPermalink





Sec. 2834. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming.CommentsClose CommentsPermalink





Sec. 2835. Land conveyance, Lackland Air Force Base, Texas.CommentsClose CommentsPermalink





Sec. 2836. Land conveyance, Haines Tank Farm, Haines, Alaska.CommentsClose CommentsPermalink





Sec. 2837. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui areas, Pearl Harbor, Hawaii.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

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 table.CommentsClose CommentsPermalink

Subtitle B--Program Authorizations, Restrictions, and Limitations

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





Sec. 3112. 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.CommentsClose CommentsPermalink





Sec. 3114. Authorization of use of International Nuclear Materials Protection and Cooperation program funds for bilateral and multilateral nonproliferation and disarmament activities.CommentsClose CommentsPermalink





Sec. 3115. Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship.CommentsClose CommentsPermalink





Sec. 3116. Modification of minor construction threshold for plant projects.CommentsClose CommentsPermalink





Sec. 3117. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel.CommentsClose CommentsPermalink





Sec. 3118. 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.CommentsClose CommentsPermalink





Sec. 3132. Review of management and operation of certain national laboratories.CommentsClose CommentsPermalink





Sec. 3133. Inclusion in 2010 stockpile stewardship plan of certain information relating to stockpile stewardship criteria.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. 3135. Identification in budget materials of amounts for certain Department of Energy pension obligations.CommentsClose CommentsPermalink





Sec. 3136. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program.CommentsClose CommentsPermalink





Sec. 3137. Comptroller General study of stockpile stewardship program.CommentsClose CommentsPermalink





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

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.CommentsClose CommentsPermalink

TITLE XXXIII--MARITIME ADMINISTRATION

Sec. 3301. Maritime Administration.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.CommentsClose CommentsPermalink





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

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink

TITLE I--PROCUREMENTCommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 101. ARMY.

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





(1) For aircraft, $5,144,891,000.CommentsClose CommentsPermalink





(2) For missiles, $1,375,109,000.CommentsClose CommentsPermalink





(3) For weapons and tracked combat vehicles, $2,451,952,000.CommentsClose CommentsPermalink





(4) For ammunition, $2,059,895,000.CommentsClose CommentsPermalink





(5) For other procurement, $9,617,991,000.CommentsClose CommentsPermalink

SEC. 102. NAVY AND MARINE CORPS.

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





(1) For aircraft, $18,655,412,000.CommentsClose CommentsPermalink





(2) For weapons, including missiles and torpedoes, $3,515,455,000.CommentsClose CommentsPermalink





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





(4) For other procurement, $5,595,176,000.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 $1,600,638,000.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 $840,675,000.CommentsClose CommentsPermalink

SEC. 103. AIR FORCE.

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





(1) For aircraft, $13,077,876,000.CommentsClose CommentsPermalink





(2) For missiles, $6,107,728,000.CommentsClose CommentsPermalink





(3) For ammunition, $822,462,000.CommentsClose CommentsPermalink





(4) For other procurement, $17,245,341,000.CommentsClose CommentsPermalink

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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





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





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





(3) For the Mine Resistant Ambush Protected Vehicle Fund, $1,200,000,000.CommentsClose CommentsPermalink

SEC. 105. FUNDING TABLE.

The amounts authorized to be appropriated by sections 101, 102, 103, and 104 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4101.CommentsClose CommentsPermalink

Subtitle B--Navy ProgramsCommentsClose CommentsPermalink

SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A MAJOR DEFENSE ACQUISITION PROGRAM.

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

SEC. 112. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL COMBAT SHIP.

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the strategic plan of the Navy for homeporting the Littoral Combat Ship (LCS) on the East Coast and West Coast of the United States.CommentsClose CommentsPermalink





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





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





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





(3) An assessment of the effect of each type of Littoral Combat Ship on each port in which such ship could be homeported.CommentsClose CommentsPermalink





(4) A map, based on the current plan of 55 Littoral Combat Ships, identifying where each ship will homeport and how such ports will accommodate both types of Littoral Combat Ships, based on the current program and a 313-ship Navy.CommentsClose CommentsPermalink





(5) An estimate of the costs of infrastructure required for Littoral Combat Ships at each homeport, including--CommentsClose CommentsPermalink





(A) existing infrastructure; andCommentsClose CommentsPermalink





(B) such upgraded infrastructure as may be required.CommentsClose CommentsPermalink

SEC. 113. PROCUREMENT PROGRAMS FOR FUTURE NAVAL SURFACE COMBATANTS.

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





(1) An acquisition strategy for such surface combatants that has been approved by the Department of Defense.CommentsClose CommentsPermalink





(2) The results of reviews by the Joint Requirements Oversight Council for an Acquisition Category I program that supports the need for an acquisition strategy to procure surface combatants after fiscal year 2011.CommentsClose CommentsPermalink





(3) A verification by an independent review panel convened by the Secretary of Defense that, in evaluating the shipbuilding program concerned, the Secretary of the Navy considered each of the following: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 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.CommentsClose CommentsPermalink





(5) The differences in cost and schedule arising from the need to accommodate new sensors and weapons in future surface combatants to counter the future threats referred to in paragraph (4) when compared with the cost and schedule arising from the need to accommodate sensors and weapons on surface combatants as contemplated by the 2009 shipbuilding plan for the vessels concerned.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.CommentsClose CommentsPermalink





(7) A joint review by the Navy and the Missile Defense Agency setting forth additional requirements for investment in Aegis ballistic missile defense (BMD) beyond the number of DDG-51 and CG-47 vessels planned to be equipped for this mission area in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).CommentsClose CommentsPermalink





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





(A) For the DDG-1000 destroyer--CommentsClose CommentsPermalink





(i) combat system;CommentsClose CommentsPermalink





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





(iii) hull, mechanical and electrical systems achieving significant manpower savings; andCommentsClose CommentsPermalink





(iv) integrated electric propulsion technologies.CommentsClose CommentsPermalink





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





(i) combat system, including missile defense capability;CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





(e) Definition- 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 under a program currently designated as a future surface combatant program.CommentsClose CommentsPermalink

SEC. 114. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR OLIVER HAZARD PERRY CLASS FRIGATES.

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the following: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 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.CommentsClose CommentsPermalink





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





(4) The strategic plan of the Navy for the Littoral Combat Ship if the extension of the service life of the Oliver Hazard Perry class frigates alleviates demand arising under the current capabilities gap in the Littoral Combat Ship.CommentsClose CommentsPermalink





(5) A description of the manner in which the Navy has met the needs of the United States Southern Command over time, including the assets and vessels the Navy has deployed for military-to-military engagements, UNITAS exercises, and counterdrug operations in support of the Commander of the United States Southern Command during the five-year period ending on the date of the report.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 C--Air Force MattersCommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





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





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





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





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





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





(3) The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that--CommentsClose CommentsPermalink





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





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





(e) Report on Retirement of Aircraft- The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:CommentsClose CommentsPermalink





(1) The rationale for the retirement of existing C-5 aircraft and a cost/benefit analysis of alternative strategic airlift force structures, including the force structure that would result from the retirement of such aircraft.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink

SEC. 122. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR THE F-22A FIGHTER AIRCRAFT.

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





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





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





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





(c) Additional Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide for a federally funded research and development center which will submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives, through the Secretary of Defense, a report on potential foreign military sales of the F-22A fighter aircraft, addressing the same elements as in subsection (b) of this section.CommentsClose CommentsPermalink

SEC. 124. NEXT GENERATION BOMBER AIRCRAFT.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





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





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





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





(B) a capacity to respond quickly to contingencies;CommentsClose CommentsPermalink





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





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





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(5) On May 7, 2009, President Barack Obama announced the termination of the next generation bomber aircraft program in the document of the Office of Management and Budget entitled ‘Terminations, Reductions, and Savings’, stating that ‘there is no urgent need to begin an expensive development program for a new bomber’ and that ‘the future bomber fleet may not be affordable over the next six years’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(b) Policy on Continued Development of Next Generation Bomber Aircraft in Fiscal Year 2010- It is the policy of the United States to support a development program for next generation bomber aircraft technologies.CommentsClose CommentsPermalink

SEC. 125. AC-130 GUNSHIPS.

Subtitle D--Joint and Multiservice MattersCommentsClose CommentsPermalink

SEC. 131. MODIFICATION OF NATURE OF DATA LINK UTILIZABLE BY TACTICAL UNMANNED AERIAL VEHICLES.

Section 141(a)(1) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3164) is amended by striking ‘, until such time as the Tactical Common Data Link is replace by an updated standard for use by those vehicles’ and inserting ‘or a data link that uses waveform capable of transmitting and receiving Internet Protocol communications’.CommentsClose CommentsPermalink

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

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Department of Defense for research, development, test, and evaluation as follows:CommentsClose CommentsPermalink





(1) For the Army, $10,863,003,000.CommentsClose CommentsPermalink





(2) For the Navy, $19,597,696,000.CommentsClose CommentsPermalink





(3) For the Air Force, $28,693,952,000.CommentsClose CommentsPermalink





(4) For Defense-wide activities, $20,555,270,000.CommentsClose CommentsPermalink





(5) For Operational Test and Evaluation, Defense, $190,770,000.CommentsClose CommentsPermalink





(b) Funding Table- The amounts authorized to be appropriated by subsection (a) shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4201.CommentsClose CommentsPermalink

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

SEC. 211. CONTINUED DEVELOPMENT OF COMPETILIMITATION 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.

Of the amount(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 for fiscal year 2010by 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--CommentsClose CommentsPermalink





(1) will--CommentsClose CommentsPermalink





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





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





(2) will not--CommentsClose CommentsPermalink





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





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





(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.CommentsClose CommentsPermalink





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





(1) NAVY JOINT STRIKE FIGHTER- The amount authorized to be appropriated by section 201(a)(2) for research, development, test, and evaluation for the F-35 Lightning II aircraft program, not more than 90 percent may be obligated until the Secretary of Defense submits to the congressional defense committees a written certification that sufficient funds have been obligated for fiscal year 2010 for the continued development of a competitive propulsion system for the F-35 Lightning II aircraft to ensure that system development and demonstration continues under the program during fiscal year 2010Navy 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Offsets-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.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.

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





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





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





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





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





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





‘(B) To review proposed significant changes to the test and evaluation facilities and resources of the Major Range and Test Facility Base before they are implemented by the Secretaries of the military departments or the heads of the Defense Agencies with test and evaluation responsibilities and advise the Secretary of Defense and the Under Secretary of Acquisition, Technology, and Logistics of the impact of such changes on the adequacy of such test and evaluation facilities and resources to meet the test and evaluation requirements of the Department.’.CommentsClose CommentsPermalink





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





‘(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).’.CommentsClose CommentsPermalink

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

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





(1) Operation.CommentsClose CommentsPermalink





(2) Sustainment.CommentsClose CommentsPermalink





(3) Investment and modernization.CommentsClose CommentsPermalink





(4) Government personnel.CommentsClose CommentsPermalink





(5) Contractor personnel.CommentsClose CommentsPermalink





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





(c) Major Range and Test Facility Base Defined- In this section, the term ‘Major Range and Test Facility Base’ has the meaning given that term in section 196(h) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 214. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANUFACTURING TECHNOLOGY PANEL.

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 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.’.CommentsClose CommentsPermalink

SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH WATCH PROGRAM.

(a) Limitation on Availability of Certain Funds for Military Departments Pending Provision of Assistance Under Program- Subsection (d) of section 2365 of title 10, United States Code, is amended by adding at the end the following new paragraph: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 that 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) Four-yYear Extension of Program- Subsection (f) of such section is amended by striking ‘September 30, 2011’ and inserting ‘September 30, 2015’.CommentsClose CommentsPermalink

SEC. 216. THREE-YEAR EXTENSION OF AUTHORITY FOR PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.

Section 2374a(f) of title 10, United States Code, is amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2013’.CommentsClose CommentsPermalink

SEC. 217. MODIFICATION OF REPORT REQUIREMENTS REGARDING DEFENSE SCIENCE AND TECHNOLOGY PROGRAM.

Section 212 of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 2501 note) is amended by striking subsection (b), (c), and (d) and inserting the following new subsections:CommentsClose CommentsPermalink





‘(b) Funding Objective- It is the sense of Congress that it should be an objective of the Secretary of Defense to increase the budget for the Defense Science and Technology Program, including the science and technology program of each military department, for each fiscal year after fiscal year 2010 over the budget for that program for the preceding fiscal year by a percent that is at least equal to the rate of inflation, as determined by the Office of Management and Budget.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Sunset- The requirements of this section shall terminate on December 31, 2014.’.CommentsClose CommentsPermalink

SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF PROPELLED HOWITZER CAPABILITIES FOR THE ARMY.

(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. 219. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRATION RISK OF ARMY MODERNIZATION PROGRAMS.

(a) Assessment Required- The Director of Defense Research and Engineering shall, in consultation with the Director of Developmental Test and Evaluation, review and assess the technological maturity and integration risk of critical technologies (as jointly identified by the Director and the Secretary of the Army for purposes of this section) of Army modernization programs and appropriate associated programs, including the programs as follows:CommentsClose CommentsPermalink





(1) Manned Ground Vehicle and 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) Joint Tactical Radio System.CommentsClose CommentsPermalink





(5) Reconnaissance unmanned aerial vehicles.CommentsClose CommentsPermalink





(6) Future Combat Systems Spin Out technologies.CommentsClose CommentsPermalink





(7) 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 associated programs covered by the review and assessment required under subsection (a), as determined pursuant to that assessment.CommentsClose CommentsPermalink

SEC. 220. ASSESSMENT OF STRATEGY FOR TECHNOLOGY FOR MODERNIZATION OF THE COMBAT VEHICLE AND TACTICAL WHEELED VEHICLE FLEETS.

(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 vehicle fleet and 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) access to such information and resources as are appropriate to conduct the assessment required by that paragraph.CommentsClose CommentsPermalink





(b) Report-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.CommentsClose CommentsPermalink





(2) ELEMENTS- The report 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 tactical wheeled vehicles.CommentsClose CommentsPermalink





(B) An identification of capability gaps for combat vehicles and tactical wheeled vehicles based on lessons learned from recent conflicts and an assessment of emerging threats.CommentsClose CommentsPermalink





(C) An identification of the critical technology elements or integration risks associated with particular categories of combat vehicles and tactical wheeled vehicles, and with particular missions of such vehicles.CommentsClose CommentsPermalink





(D) Recommendations for a plan to develop and deploy within the next 10 years critical technology capabilities to address the capability gaps identified pursuant to subparagraph (B), including an identification of high priority science and technology, research & engineering, and prototyping opportunities.CommentsClose CommentsPermalink





(E) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink

SEC. 221. SYSTEMS ENGINEERING AND PROTOTYPING PROGRAM.

(a) Program Required- The Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, carry out a program to encourage and fund systems engineering and prototyping efforts in support of Department of Defense goals and missions.CommentsClose CommentsPermalink





(b) Objectives- The objectives of the program required by subsection (a) shall be as follows:CommentsClose CommentsPermalink





(1) To develop system prototypes for systems that provide capabilities supportive of addressing Department of Defense goals, needs, and requirements.CommentsClose CommentsPermalink





(2) To successfully demonstrate new systems in relevant environments.CommentsClose CommentsPermalink





(3) To encourage the training of systems engineers and the development of systems engineering tools and practices.CommentsClose CommentsPermalink





(c) Selection of Projects-CommentsClose CommentsPermalink





(1) PROGRAM AREAS- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall, in consultation with the military departments and the Defense Agencies, designate general areas for systems engineering and prototype projects under the program required by subsection (a).CommentsClose CommentsPermalink





(2) SOLICITATION OF PROJECTS- The Under Secretary shall solicit for the selection of projects under the program within the areas designated under paragraph (1) from among other government entities, federally-funded research and development centers, academia, the private sector, and such other persons, organizations, and entities as the Under Secretary considers appropriate.CommentsClose CommentsPermalink





(3) SELECTION- The Under Secretary shall select projects for implementation under the program from among responses to the solicitations made under paragraph (2). The Under Secretary shall select such projects on a competitive basis.CommentsClose CommentsPermalink





(d) Implementation of Projects- For each project selected under subsection (c)(3), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall designate a military department or Defense Agency to implement the project as part of the program required by subsection (a).CommentsClose CommentsPermalink





(e) Funding of Projects-CommentsClose CommentsPermalink





(1) IN GENERAL- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall, subject to paragraphs (2) and (3), provide funds for each project selected under subsection (c)(3) in an amount jointly determined by the Under Secretary and the acquisition executive of the military department or Defense Agency concerned.CommentsClose CommentsPermalink





(2) LIMITATION ON AMOUNT OF FUNDS- The amount of funds provided to a project under paragraph (1) shall be not greater than the amount equal to 50 percent of the total cost of the project.CommentsClose CommentsPermalink





(3) LIMITATION ON PERIOD OF FUNDING- A project may not be provided funds under this subsection for more than three fiscal years.CommentsClose CommentsPermalink





(4) SOURCE OF OTHER FUNDING- Any funds required for a project under this section that are not provided under this subsection shall be derived from funds available to the military department or Defense Agency concerned, or another appropriate source other than this subsection.CommentsClose CommentsPermalink





(f) Annual Report- Not later than March 31 each year, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the activities carried out under the program required by subsection (a) during the preceding fiscal year.CommentsClose CommentsPermalink





(g) Acquisition Executive Defined- In this section, the term ‘acquisition executive’, with respect to a military department or Defense Agency, means the official designated as the senior procurement executive for the military department or Defense Agency for the purposes of section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414 (c)).CommentsClose CommentsPermalink

Subtitle C--Missile Defense ProgramsCommentsClose CommentsPermalink

SEC. 241. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.

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 survivable ballistic missile defense systems that are capable of defending the United States, its forward-deployed forces, allies, and other friendly nations from the threat of ballistic missile attacks from nations such as North Korea and Iran;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 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-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) PERIOD OF PLAN- The plan shall cover the period covered by the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.CommentsClose CommentsPermalink





(3) INPUT- In establishing the plan, the Secretary shall receive input on matters covered by the plan from the following:CommentsClose CommentsPermalink





(A) The Director of the Missile Defense Agency.CommentsClose CommentsPermalink





(B) The Director of Operational Test and Evaluation.CommentsClose CommentsPermalink





(C) The operational test components of the military departments.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) Test and evaluation objectives.CommentsClose CommentsPermalink





(2) Test and evaluation criteria and metrics.CommentsClose CommentsPermalink





(3) Test and evaluation procedures and methodology.CommentsClose CommentsPermalink





(4) Data requirements.CommentsClose CommentsPermalink





(5) System and element configuration under test.CommentsClose CommentsPermalink





(6) Approaches to verification, validation, and accreditation of models and simulations.CommentsClose CommentsPermalink





(7) The relative role of models and simulations, ground tests, and flight tests in achieving the objectives of the plan.CommentsClose CommentsPermalink





(8) Test infrastructure and resources, including test range limitations and potential range enhancements.CommentsClose CommentsPermalink





(9) Test readiness review approaches and methodology.CommentsClose CommentsPermalink





(10) Testing for system and element integration and interoperability.CommentsClose CommentsPermalink





(11) Means for achieving operational realism and means of demonstrating operational effectiveness, suitability and survivability.CommentsClose CommentsPermalink





(12) Detailed descriptions of planned tests.CommentsClose CommentsPermalink





(13) A description of the resources required to implement the plan.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) Plans for salvo testing.CommentsClose CommentsPermalink





(B) Plans for multiple simultaneous engagement testing.CommentsClose CommentsPermalink





(C) Plans for intercept testing using the Cobra Dane radar as the engagement sensor.CommentsClose CommentsPermalink





(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’).CommentsClose CommentsPermalink





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

SEC. 243. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE DEFENSE SYSTEM.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(3) the test and evaluation program for the Ground-based Midcourse Defense element should be rigorous, robust, operationally realistic, and capable of providing a high degree of confidence in the capability of the system (including testing to demonstrate the continuing effectiveness of the system over the course of its service life), and adequate resources should be available for that test and evaluation program (including interceptor missiles and targets for flight tests).CommentsClose CommentsPermalink





(b) Assessment Required-CommentsClose CommentsPermalink





(1) IN GENERAL- As part of the Quadrennial Defense Review and the Ballistic Missile Defense Review, the Secretary of Defense shall conduct an assessment of the following:CommentsClose CommentsPermalink





(A) Ground-based Midcourse Defense element of the Ballistic Missile Defense System.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 requirement for Ground-based Midcourse Defense capabilities against such missile threat.CommentsClose CommentsPermalink





(C) The current capabilities of the Ground-based Midcourse Defense element.CommentsClose CommentsPermalink





(D) The planned capabilities of the Ground-based Midcourse Defense element, if different from the capabilities under subparagraph (B).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 System. The plan shall cover the period of the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.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-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) FORM- The report shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(6) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink

SEC. 245. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR MISSILE AND OPERATION OF MISSILE FIELD 1 AT FORT GREELY, ALASKA.

Subtitle D--Other MattersCommentsClose CommentsPermalink

SEC. 251. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.

Section 270 of the National Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note) is repealed.CommentsClose CommentsPermalink

TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:CommentsClose CommentsPermalink





(1) For the Army, $30,932,882,000.CommentsClose CommentsPermalink





(2) For the Navy, $35,890,046,000.CommentsClose CommentsPermalink





(3) For the Marine Corps, $5,547,223,000.CommentsClose CommentsPermalink





(4) For the Air Force, $34,053,559,000.CommentsClose CommentsPermalink





(5) For Defense-wide activities, $27,645,997,000.CommentsClose CommentsPermalink





(6) For the Army Reserve, $2,623,796,000.CommentsClose CommentsPermalink





(7) For the Navy 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, $6,260,634,000.CommentsClose CommentsPermalink





(11) For the Air National Guard, $5,888,461,000.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, $11,100,000.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





(21) For Overseas Contingency Operations Transfer Fund, $5,000,000.CommentsClose CommentsPermalink





(b) Funding Table- The amounts authorized by subsection (a) shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4301.CommentsClose CommentsPermalink

Subtitle B--Environmental ProvisionsCommentsClose CommentsPermalink

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.

(a) Authority to Reimburse-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 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 Agency at the Former Nansemond Ordnance Depot Site.CommentsClose CommentsPermalink

Subtitle C--Workplace and Depot IssuesCommentsClose CommentsPermalink

SEC. 321. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.

(a) Clarification of Authority to Enter Into Cooperative Agreements- The second sentence of section 4544(a) of title 10, United States Code, as added by section 328(a)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 66), is amended by inserting after ‘not more than eight contracts or cooperative agreements’ the following: ‘in addition to the contracts and cooperative agreements in place as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181)’.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. 322. IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES.

(a) Inventory Management Practices Improvement Plan Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for improving the inventory management systems of the military departments and the Defense Logistics Agency with the objective of reducing the acquisition and storage of secondary inventory that is excess to requirements.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 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 to section 2461 of title 10, United States Code, Office of Management and Budget Circular A-76, or any other authority.CommentsClose CommentsPermalink





(b) Certification- The certification described in this subsection is a certification that--CommentsClose CommentsPermalink





(1) the Secretary of Defense has completed and submitted to Congress a complete inventory of contracts for services for or on behalf of the Department of Defense in compliance with the requirements of subsection (c) of section 2330a of title 10, United States Code; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 323A. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION OF ANY DEPARTMENT OF DEFENSE FUNCTION PERFORMED BY CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE.

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--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

SEC. 325. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS OF ANNUAL REPORT ON FUNDING FOR PUBLIC AND PRIVATE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.

Section 2466(d)(1) of title 10, United States Code, is amended by striking ‘April 1 of each year’ and inserting ‘90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31’.CommentsClose CommentsPermalink

Subtitle D--Energy ProvisionsCommentsClose CommentsPermalink

SEC. 331. ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLATIONS.

(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) ELEMENTS- 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





(b) Work With Non-Department of Defense Entities-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) CONTRACT AUTHORITY- Where necessary to achieve the purposes of this section, the Secretary may enter into a contract, grant, or other agreement with one or more appropriate public or private sector entities under which such entity or entities agree to carry out actions required to address areas of vulnerability identified pursuant to the plan developed under subsection (a) that are beyond the control of the Department. Any such contract, grant, or agreement may provide for the full or partial reimbursement of the entity concerned by the Department for actions taken by the entity under such contract, grant, or agreement.CommentsClose CommentsPermalink

SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS REGARDING DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAMS.

(a) New Reporting Requirements- Section 317(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1054) is amended to read as follows:CommentsClose CommentsPermalink





‘(e) Reporting Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later one year after the date of the enactment of this Act, and each January 1 thereafter through 2020, the Secretary shall submit to the congressional defense a report regarding progress made toward achieving the energy efficiency goals of the Department of Defense, consistent with the provisions of section 303 of Executive Order 13123 (64 Fed. Reg. 30851; 42 U.S.C. 8521 note) and section 11(b) of Executive Order 13423 (72 Fed. Reg. 3919; 42 U.S.C. 4321 note).CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) A table detailing funding, by account, for all energy projects and investments.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(D) A description of steps taken to determine best practices for measuring energy consumption in Department of Defense facilities and installations in order to use the data for better energy management.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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(I) 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 section, the following:CommentsClose CommentsPermalink





(1) A determination of whether the existing tools, such as the Energy Conservation Investment Program (ECIP) and the Energy Savings Performance Contracts (ESPC) program, are sufficient to support renewable energy projects to achieve the Department’s installation energy goals, or if new funding mechanisms would be beneficial.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.CommentsClose CommentsPermalink





(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





(4) An assessment of the extent to which State and regional laws and regulations and market structures provide opportunities or obstacles to establish renewable energy projects on military installations.CommentsClose CommentsPermalink





(5) A determination of the cost and feasibility of developing or acquiring equipment or systems that would result in the complete use of renewable energy sources at contingency locations.CommentsClose CommentsPermalink





(6) A determination of the cost and feasibility of implementing the recommendations of the 2008 Defense Science Board Report entitled, ‘More Fight - Less Fuel’.CommentsClose CommentsPermalink

SEC. 333. ALTERNATIVE AVIATION FUEL INITIATIVE.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) Dependence on foreign sources of oil is detrimental to the national security of the United States due to possible disruptions in supply.CommentsClose CommentsPermalink





(2) The Department of Defense is the largest single consumer of fuel in the United States.CommentsClose CommentsPermalink





(3) The United States Air Force is the largest consumer of fuel in the Department of Defense.CommentsClose CommentsPermalink





(4) The dramatically fluctuating price of fuel can have a significant budgetary impact on the Department of Defense.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) The Air Force’s Alternative Aviation Fuel Initiative includes certification and testing of both biomass-derived (‘biofuel’) and synthetic fuel blends produced via the Fischer-Tropsch (FT) process. By not later than December 31, 2016, the Air Force will be prepared to cost competitively acquire 50 percent of the Air Force’s domestic aviation fuel requirement via an alternative fuel blend in which the alternative component is derived from domestic sources produced in a manner that is greener than fuels produced from conventional petroleum.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Continuation of Initiatives-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Air Force shall continue the alternative aviation fuel initiatives of the Air Force with a goal of--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(ii) prices for such fuels are cost competitive with petroleum-based alternatives that are used for the same functions;CommentsClose CommentsPermalink





(C) taking actions in collaboration with the commercial aviation industry and equipment manufacturers to spur the development of a domestic alternative aviation fuel industry; andCommentsClose CommentsPermalink





(D) taking actions in collaboration with other Federal agencies, the commercial sector, and academia to solicit for and test the next generation of environmentally-friendly alternative aviation fuels.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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the status of aircraft fleet certification, until complete;CommentsClose CommentsPermalink





(B) the quantities of alternative or synthetic fuels (including blends of alternative or synthetic fuels with conventional fuels) purchased for use by the Air Force in the fiscal year ending in such year;CommentsClose CommentsPermalink





(C) progress made against published goals for such fiscal year;CommentsClose CommentsPermalink





(D) the status of recovery plans to achieve any goals set for previous years that were not achieved; andCommentsClose CommentsPermalink





(E) the establishment or adjustment of goals and objectives for the current fiscal year or for future years.CommentsClose CommentsPermalink





(c) Annual Report for Army and Navy- Not later than 180 days after the date of the enactment of this Act, and annually thereafter in each of fiscal years 2011 through 2016, the Secretary of the Army and the Secretary of the Navy shall each submit to Congress a report on goals and progress to research, test, and certify the use of alternative fuels in their respective aircraft fleets.CommentsClose CommentsPermalink





(d) Defense Science Board Review-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the technological and economic achievability of the goals;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) any recommendations the Defense Science Board may have for improving the Air Force program.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 Secretary.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 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

Subtitle E--ReportsCommentsClose CommentsPermalink

SEC. 341. STUDY ON ARMY MODULARITY.

(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 planned modularity structures of the Army to determine the following:CommentsClose CommentsPermalink





(A) The operational capability of the Army to execute its core mission to contribute land power to joint operations.CommentsClose CommentsPermalink





(B) The ability to manage 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 and light modular combat brigades and functional 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 separate brigade structures.CommentsClose CommentsPermalink





(B) The original Army analysis, including explicit or implicit assumptions, upon which the brigade combat team, functional brigade, 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 Enduring Freedom that confirmed or modified the original designs.CommentsClose CommentsPermalink





(E) Improvements in brigade and headquarters designs the Army has made or is implementing.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 data, records, analysis, personnel, and other resources necessary to complete the study.CommentsClose CommentsPermalink





(b) Report- Not later than December 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a), together with comments by the Chief of Staff of the Army and the Secretary of Defense.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Active ForcesCommentsClose CommentsPermalink

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2010, as follows:CommentsClose CommentsPermalink





(1) The Army, 547,400.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. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE -DUTY END STRENGTHS FOR FISCAL YEARS 20110, 2011, AND 2012.

(a) Authority tTo Increase Army Active-dDuty End Strength-CommentsClose CommentsPermalink





(1) AUTHORITY- For each of fiscal years 20110, 2011, and 2012, the Secretary of Defense may, as the Secretary determines necessary for the purposes specified in paragraph (2), establish the active-duty end strength for the Army at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2010 baseline plus 30,000.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:CommentsClose CommentsPermalink





(A) To increase dwell time for members of the Army on active duty.CommentsClose CommentsPermalink





(B) To support operational missions.CommentsClose CommentsPermalink





(C) To achieve reorganizational objectives, including increased unit manning, force stabilization and shaping, and supporting wounded warriors.CommentsClose CommentsPermalink





(b) Relationship to Presidential Waiver Authority- Nothing in this section shall be construed to limit the authority of the President under section 123a of title 10, United States Code, to waive any statutory end strength in a time of war or national emergency.CommentsClose CommentsPermalink





(c) Relationship to Other Variance Authority- The authority in subsection (a) is in addition to the authority to vary authorized end strengths that is provided in subsections (e) and (f) of section 115 of title 10, United States Code.CommentsClose CommentsPermalink





(d) Budget Treatment-CommentsClose CommentsPermalink





If the Secretary of Defense plans to increase the(1) IN GENERAL- If the Secretary of Defense increases active-duty end strength for the Army for fiscal year 2010 under subsection (a), the Secretary may fund such an increase through Department of Defense reserve funds or through an emergency supplemental appropriation.CommentsClose CommentsPermalink





(2) FISCAL YEARS 2011 AND 2012- (2) If the Secretary of Defense plans to increase the active-duty end strength for the Army for fiscal year 2011 or 2012, the budget for the Department of Defense for such fiscal year as submitted to Congress shall include the amounts necessary for funding the active-duty end strength for the Army in excess of the fiscal-year 2010 baseline.CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) FISCAL-YEAR 2010 BASELINE- The term ‘fiscal-year 2010 baseline’, with respect to the Army, means the active-duty end strength authorized for the Army in section 401(1).CommentsClose CommentsPermalink





(2) ACTIVE-DUTY END STRENGTH- The term ‘active-duty end strength’, with respect to the Army for a fiscal year, means the strength for active duty personnel of Army as of the last day of the fiscal year.CommentsClose CommentsPermalink

Subtitle B--Reserve ForcesCommentsClose CommentsPermalink

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2010, as follows: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) Adjustments- 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 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.

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 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).

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.

(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.

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 TRAINEE ACCOUNT FOR THE ARMY NATIONAL GUARD.

(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report setting forth an assessment of the establishment within the Army National Guard of a trainees, transients, holdees, and students account (commonly referred to as a ‘TTHS’ account).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 end strength levels for a fiscal year, a trainees, transients, holdees, and students account for assigning all members of the Army National Guard who have not completed initial entry training in order to ensure that all personnel of fully manned and deployable units of the Army National Guard have completed initial entry training.CommentsClose CommentsPermalink

Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 421. MILITARY PERSONNEL.

(a) Authorization of Appropriations- There is hereby authorized to be appropriated for fiscal year 2010 for the Department of Defense for military personnel amounts as follows:CommentsClose CommentsPermalink





(1) For military personnel, $124,864,942,000.CommentsClose CommentsPermalink





(2) For contributions to the Medicare-Eligible Retiree Health Fund, $10,751,339,000.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 PolicyCommentsClose CommentsPermalink

SEC. 501. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

(a) Clarification of Distribution Limits- Section 525 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: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





(b) 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





(c) 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 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.’.CommentsClose CommentsPermalink





(d) 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





(e) 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 (4); 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





(f) 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 years.’; 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 extend the 60-day by an additional 120 days, but no more than 3 officers from each armed force may be on active duty who are excluded under this subsection.’.CommentsClose CommentsPermalink





(g) 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





(h) Repeal of Superseded Authority- Section 506 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.CommentsClose CommentsPermalink

SEC. 502. REVISIONS TO ANNUAL REPORT REQUIREMENT ON JOINT OFFICER MANAGEMENT.

Section 667 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(A), by striking ‘and their education and experience’;CommentsClose CommentsPermalink





(2) by striking paragraph (3);CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) by striking the remainder of paragraph (4), as amended by paragraph (3) of this section;CommentsClose CommentsPermalink





(5) by redesignating paragraph (5) as paragraph (3);CommentsClose CommentsPermalink





(6) by striking paragraph (6);CommentsClose CommentsPermalink





(7) 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 ‘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





(9) 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- Section 156(c) of title 10, United States Code, is amended by striking ‘, while so serving, hold the’ and inserting ‘be appointed in the regular’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals appointed as Legal Counsel to the Chairman of the Joint Chiefs of Staff on or after that date.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘Sec. 8039. Chief and Deputy Chief of Chaplains: appointment; duties

‘(a) Chief of Chaplains- (1) There is a Chief of Chaplains in the Air Force, who shall be appointed by the President, by and with the advice and consent of the Senate, from active duty officers of the Air Force Chaplain Corps serving in the grade of colonel or above who have served on active duty as a chaplain for at least eight years.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) The Chief of Chaplains shall be appointed in the regular grade of major general.CommentsClose CommentsPermalink





‘(4) The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and by law.CommentsClose CommentsPermalink





‘(b) Deputy Chief of Chaplains- (1) There is a Deputy Chief of Chaplains in the Air Force who shall be appointed by the President by and with the advice and consent of the Senate from active duty officers of the Air Force Chaplain Corps serving in the grade of colonel who have served on active duty as a chaplain for at least eight years.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) The Deputy Chief of Chaplains shall be appointed in the regular grade of brigadier general.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’.CommentsClose CommentsPermalink

Subtitle B--Reserve Component ManagementCommentsClose CommentsPermalink

SEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR NON-DUAL STATUS TECHNICIANS.

(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth the following:CommentsClose CommentsPermalink





(1) A description of the types of duties performed for the National Guard by non-dual status technicians.CommentsClose CommentsPermalink





(2) A description of the current requirements of the National Guard for non-dual status technicians.CommentsClose CommentsPermalink





(3) A description of various means of addressing any shortfalls in meeting such requirements, including both temporary shortfalls and permanent shortfalls.CommentsClose CommentsPermalink





(b) Considerations- The report required by subsection (a) shall take into consideration the effects of the mobilization of large numbers of National Guard military technicians (dual status) on the readiness of National Guard units in critically important areas and on the capacity of the National Guard to continue performing home-based missions and responsibilities for the States.CommentsClose CommentsPermalink

Subtitle C--Education and TrainingCommentsClose CommentsPermalink

SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION PROGRAMS.

(a) Medical Students of USUHS- Section 2114(b) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking the second sentence and inserting the following new sentences: ‘Each medical student shall be appointed as a regular officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the regular grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘grade of second lieutenant or ensign’ and inserting ‘grade in which the member is serving under paragraph (1)’.CommentsClose CommentsPermalink





(b) Participants in Health Professions Scholarship and Financial Assistance Program- Section 2121(c) of such title is amended--CommentsClose CommentsPermalink





(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.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘grade of second lieutenant or ensign’ and inserting ‘grade in which the member is serving under paragraph (1)’.CommentsClose CommentsPermalink





(c) Officers Detailed as Students at Medical Schools- Subsection (e) of section 2004a of such title is amended--CommentsClose CommentsPermalink





(1) in the subsection heading, by striking ‘Appointment and Treatment of Prior Active Service’ and inserting ‘Service on Active Duty’; andCommentsClose CommentsPermalink





(2) by striking paragraph (1) and inserting the following new paragraph (1):CommentsClose CommentsPermalink





‘(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.’.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 policy’.CommentsClose CommentsPermalink

SEC. 523. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT SCHOOLS OF PSYCHOLOGY.

(a) In General- Chapter 101 of title 10, United States Code, is amended by inserting after section 2004 the following new section:CommentsClose CommentsPermalink

‘Sec. 2004a. Detail of commissioned officers as students at schools of psychology

‘(a) Detail Authorized- The Secretary of each military department may detail commissioned officers of the armed forces as students at accredited schools of psychology located in the United States for a period of training leading to the degree of Doctor of Philosophy in clinical psychology. No more than 25 officers from each military department may commence such training in any single fiscal year.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:CommentsClose CommentsPermalink





‘2004a. Detail of commissioned officers as students at schools of psychology.’.CommentsClose CommentsPermalink

Subtitle D--Defense Dependents’ Education MattersCommentsClose 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.

(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, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572, as amended by section 533 of this Act.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.

Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(a)(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).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.

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. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE DEPENDENTS’ EDUCATION SYSTEM OF DEPENDENTS OF FOREIGN MILITARY MEMBERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED POWERS, EUROPE.

(a) Permanent Authority- Subsection (a)(2) of section 1404A of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923a) is amended by striking ‘, and only through the 2010-2011 school year’.CommentsClose CommentsPermalink





(b) Combatant Commander Advice and Assistance- Subsection (c)(1) of such section is amended by inserting after ‘Secretary’ the following: ‘, with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium,’.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 SCHOOLS.

(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 110-117).CommentsClose CommentsPermalink





(2) OPTIONS- The options to be considered under the study required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) Vouchers.CommentsClose CommentsPermalink





(B) Education provided by the Department of Defense through the Internet.CommentsClose CommentsPermalink





(C) Charter schools.CommentsClose CommentsPermalink





(D) Such other 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 in military families in securing quality elementary and secondary education for their children when the public elementary and secondary schools attended by their children are identified as being in need of improvement.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 program 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.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 of the House of Representatives a report on the study required by subsection (b). 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 considers appropriate in light of the results of the study.CommentsClose CommentsPermalink

SEC. 536. SENSE OF SENATE ON THE INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.

(a) Findings- The Senate makes the following findings:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Sense of Senate- It is the sense of the Senate 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 as 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

Subtitle E--Military Justice and Legal Assistance MattersCommentsClose CommentsPermalink

SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIREMENTS OF THE DEPARTMENT OF THE NAVY.

(a) Independent 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 Navy and Marine Corps, and the current responsibilities of Navy and Marine Corps 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) MEETINGS- The panel shall meet at the call of the chair.CommentsClose CommentsPermalink





(6) DEADLINE FOR APPOINTMENTS- All original appointments to the panel shall be made not later than April 1, 2010.CommentsClose CommentsPermalink





(7) FIRST MEETING- The chair shall call the first meeting of the panel not later than June 1, 2010.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 disability 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) 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 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 F--Military Family Readiness MattersCommentsClose CommentsPermalink

SEC. 551. ADDITIONAL MEMBERS ON THE DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL.

Section 1781a(b)(1) of title 10, United States Code, is amended--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 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 appointed.’; andCommentsClose CommentsPermalink





(3) in subparagraph (E), as redesignated by paragraph (1), by striking ‘subparagraph (B)’ and inserting ‘subparagraphs (B) and (C)’.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-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) ELEMENTS- The review conducted under paragraph (1) shall include, but not be limited to, an assessment of each of the following:CommentsClose CommentsPermalink





(A) The current state and effectiveness of the programs of the Department of Defense and the military departments relating to the prevention, diagnosis, and treatment of substance use disorders.CommentsClose CommentsPermalink





(B) The adequacy of the availability of and access to care for substance abusers in military medical treatment facilities and under the TRICARE program.CommentsClose CommentsPermalink





(C) The adequacy of oversight by the Department of Defense of programs relating to the prevention, diagnosis, and treatment of substance abuse in members of the Armed Forces.CommentsClose CommentsPermalink





(D) The adequacy and appropriateness of current credentials and other requirements for healthcare professionals treating members of the Armed Forces with substance use disorders.CommentsClose CommentsPermalink





(E) The advisable ratio of physician and nonphysician care providers for substance use disorders to members of the Armed Forces with such disorders.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(H) The adequacy of the prevention, diagnosis, and treatment of substance use disorders in family members of members of the Armed Forces.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) set forth the findings and recommendations of the Secretary regarding each element of the review specified in paragraph (2);CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Plan for Improvement and Enhancement of Programs and Policies-CommentsClose CommentsPermalink





(1) PLAN REQUIRED- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for the improvement and enhancement of the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) BASIS- The comprehensive plan required by paragraph (1) shall take into account the following:CommentsClose CommentsPermalink





(A) The results of the review and assessment conducted under subsection (a).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) COMPREHENSIVE STATEMENT OF POLICY- The comprehensive plan required by paragraph (1) shall include a comprehensive statement of the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) AVAILABILITY OF SERVICES AND TREATMENT- The comprehensive plan required by paragraph (1) shall include mechanisms to ensure the availability to members of the Armed Forces and their dependent family members of a core of evidence-based practices across the spectrum of medical and non-medial services and treatments for substance use disorders.CommentsClose CommentsPermalink





(5) PREVENTION AND REDUCTION OF DISORDERS- The comprehensive plan required by paragraph (1) shall include mechanisms to facilitate the prevention and reduction of substance use disorders in members of the Armed Forces through science-based initiatives, including education programs, for members of the Armed Forces and their families.CommentsClose CommentsPermalink





(6) SPECIFIC INSTRUCTIONS- The comprehensive plan required by paragraph (1) shall include each of 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.CommentsClose CommentsPermalink





(B) HEALTHCARE PROFESSIONALS- Instructions on--CommentsClose CommentsPermalink





(i) appropriate training of healthcare professionals in the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(E) CONFIDENTIALITY- Recommendations regarding policies pertaining to confidentiality for members of the Armed Forces in seeking or receiving services or treatment for substance use disorders.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) OTHER ELEMENTS- In addition to the matters specified in paragraph (3), the comprehensive plan required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) IMPLEMENTATION PLAN- An implementation plan for the achievement of the goals of the comprehensive plan, including goals relating to the following:CommentsClose CommentsPermalink





(i) Enhanced education of members of the Armed Forces and their families regarding substance use disorders.CommentsClose CommentsPermalink





(ii) Enhanced and improved identification and diagnosis of substance use disorders in members of the Armed Forces and their families.CommentsClose CommentsPermalink





(iii) Enhanced and improved access of members of the Armed Forces to services and treatment for and management of substance use disorders.CommentsClose CommentsPermalink





(iv) Appropriate staffing of military medical treatment facilities and other facilities for the treatment of substance use disorders in 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.CommentsClose CommentsPermalink





(C) AVAILABLE RESEARCH- The incorporation of applicable results of available studies, research, and academic reviews on the prevention, diagnosis, treatment, and management of substance use disorders.CommentsClose CommentsPermalink





(8) UPDATE IN LIGHT OF INDEPENDENT STUDY- Upon the completion of the study required by subsection (c), the Secretary of Defense shall--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) submit to the congressional defense committees a report setting forth the comprehensive plan as modified and improved under subparagraph (A).CommentsClose CommentsPermalink





(c) Independent Report on Substance Use Disorders Programs for Members of the Armed Forces-CommentsClose CommentsPermalink





(1) STUDY REQUIRED- Upon completion of the policy review required by subsection (a), the Secretary of Defense shall provide for a study on substance use disorders programs for members of the Armed Forces to be conducted by the Institute of Medicine of the National Academies of Sciences or such other independent entity as the Secretary shall select for purposes of the study.CommentsClose CommentsPermalink





(2) ELEMENTS- The study required by paragraph (1) shall include a review and assessment of the following:CommentsClose CommentsPermalink





(A) The adequacy and appropriateness of protocols for the diagnosis, treatment, and management of substance use disorders in members of the Armed Forces.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) The adequacy and appropriateness of current credentials and other requirements for physician and non-physician healthcare professionals treating members of the Armed Forces with substance use disorders.CommentsClose CommentsPermalink





(D) The advisable ratio of physician and non-physician care providers for substance use disorders to members of the Armed Forces with such disorders.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(G) Such other matters as the Secretary considers appropriate for purposes of the study.CommentsClose CommentsPermalink





(3) REPORT- Not later than two years after the date of the enactment of this Act, the entity conducting the study required by paragraph (1) shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the study. The report shall set forth the findings and recommendations of the entity as a result of the study.CommentsClose CommentsPermalink

SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN WITH AUTISM AND THEIR FAMILIES.

(a) Policy on Military Community Support Required- The Secretary of Defense shall develop and implement a policy for the Department of Defense on the support of military children with autism and their families. The policy shall seek to establish and further an integrated, family-centered approach to providing services to military children with autism and their families by leveraging the resources of local military communities and local and national public and private entities devoted to research and services for autism.CommentsClose CommentsPermalink





(b) Program on Support-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) ELEMENTS- The program required by this subsection shall provide for broad-based services, including the following:CommentsClose CommentsPermalink





(A) Research.CommentsClose CommentsPermalink





(B) Early intervention.CommentsClose CommentsPermalink





(C) Evidence-based therapeutic and medical services.CommentsClose CommentsPermalink





(D) Education and training on autism for family members.CommentsClose CommentsPermalink





(E) Appropriate coordination with applicable school programs.CommentsClose CommentsPermalink





(F) Vocational training for adolescent military children with autism.CommentsClose CommentsPermalink





(G) Family counseling for families of military children with autism.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) INITIAL REPORT- Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the actions the Secretary proposes to take to carry out this section and a proposed schedule for the taking of such actions.CommentsClose CommentsPermalink





(2) PILOT PROJECTS- Not later than 60 days after the date of the completion of the pilot project or projects conducted under subsection (b)(3), the Secretary shall submit to the congressional defense committees a report on the pilot project or projects. The report shall include a description of the pilot project or projects, an assessment of the lessons learned from the pilot project or projects, and a discussion of the manner in which the lessons so learned shall be integrated into the policy required by subsection (a) and the program required by subsection (b).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Military Children With Autism Defined- In this section, the term ‘military children with autism’ means dependent children of members of the Armed Forces with autism spectrum disorder.CommentsClose CommentsPermalink

SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON MILITARY CHILDREN AND THE AVAILABILITY OF MENTAL HEALTH CARE AND COUNSELING SERVICES FOR MILITARY CHILDREN.

(a) Impact of Deployments of Military Parents on Military Children-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 assessment shall separately address each of the categories of such children as follows: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:CommentsClose CommentsPermalink





(A) The impact that separation due to the deployment of a military parent or parents has on children.CommentsClose CommentsPermalink





(B) The impact that multiple deployments of a military parent or parents have on children.CommentsClose CommentsPermalink





(C) The impact that the return from deployment of a severely wounded or injured military parent or parents has on children.CommentsClose CommentsPermalink





(D) The impact that the death of a military parent or parents in connection with a deployment has on children.CommentsClose CommentsPermalink





(E) The impact that deployment of a military parent or parents has on children with preexisting psychological conditions, such as anxiety and depression.CommentsClose CommentsPermalink





(F) The impact that deployment of a military parent or parents has on risk factors such as child abuse, child neglect, family violence, substance abuse by children, or parental substance abuse.CommentsClose CommentsPermalink





(G) 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 assessment undertaken under paragraph (1), including the findings and recommendations of the Secretary as a result of the assessment.CommentsClose CommentsPermalink





(b) Mental Health Care 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 in 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 dependents’ 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





(4) COMPREHENSIVE PLAN FOR IMPROVEMENTS IN ACCESS TO CARE AND COUNSELING- The Secretary shall develop a comprehensive plan for improvements in access to quality mental health care and counseling services for military children in order to develop and promote psychological health and resilience in children of deploying and deployed members of the Armed Forces. The information in the report required by paragraph (3) shall provide the basis for the development of the plan.CommentsClose CommentsPermalink

SEC. 555. REPORT ON CHILD CUSTODY LITIGATION INVOLVING SERVICE OF MEMBERS OF THE ARMED FORCES.

(a) Report Required- Not later than June 1, 2010, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on all known reported cases since September 2003 involving child custody disputes in which the service of a member of the Armed Forces, whether a member of a regular component of the Armed Forces or a member of a reserve component of the Armed Forces, was an issue in the custody dispute.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 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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Sense of Senate- It is the sense of the Senate that--CommentsClose CommentsPermalink





(1) the responsibility for establishing workable and legally supportable Family Care Plans lies with the members of the Armed Forces;CommentsClose CommentsPermalink





(2) notwithstanding that responsibility, commanders should--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





.(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the importance of prior planning;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) counsel the member about the implications; andCommentsClose CommentsPermalink





(ii) encourage in the strongest possible terms that the member seek immediate help from a legal assistance attorney or other qualified legal counsel; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Subtitle G--Other MattersCommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) A performance that is more than incidental to an event that--CommentsClose CommentsPermalink





‘(i) is not supported, in whole or in part, by United States Government funds; andCommentsClose CommentsPermalink





‘(ii) is not free to the public.CommentsClose CommentsPermalink





‘(B) A performance of background, dinner, dance, or other social music at an event that--CommentsClose CommentsPermalink





‘(i) is not supported, in whole or in part, by United States Government funds; andCommentsClose CommentsPermalink





‘(ii) is held at a location not on a military installation.CommentsClose CommentsPermalink





‘(3) For purposes of paragraph (1), the following shall not be considered to be a performance of music in competition with local civilian musicians:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) A performance at a concert, parade, or other event, that--CommentsClose CommentsPermalink





‘(i) is a patriotic event or a celebration of a national holiday; andCommentsClose CommentsPermalink





‘(ii) is free to the public.CommentsClose CommentsPermalink





‘(C) A performance that is incidental to an event that--CommentsClose CommentsPermalink





‘(i) is not supported, in whole or in part, by United States Government funds; orCommentsClose CommentsPermalink





‘(ii) is not free to the public.CommentsClose CommentsPermalink





‘(D) A performance (including background, dinner, dance, or other social music) at--CommentsClose CommentsPermalink





‘(i) an event that is sponsored by or for a military welfare society, as defined in section 2566 of this title;CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(E) A performance (including background, dinner, dance, or other social music)--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(ii) in support of fostering and sustaining a cooperative relationship with another nation.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Performances at Foreign Locations- Subsection (a) does not apply to a performance outside the United States, its commonwealths, or its possessions.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘974. Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians.’.CommentsClose CommentsPermalink

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITSCommentsClose CommentsPermalink

Subtitle A--Pay and AllowancesCommentsClose CommentsPermalink

SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC PAY.

(a) Waiver of Section 1009 Adjustment- The adjustment to become effective during fiscal year 2010 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.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.CommentsClose CommentsPermalink





(b) Elements- The study required by subsection (a) shall include, but not be limited to, the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLEMENTAL SUBSISTENCE ALLOWANCE FOR LOW-INCOME MEMBERS WITH DEPENDENTS.

(a) Increase in Maximum Monthly Amount- Section 402a(a) of title 37, United States Code, is amended--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, submit to the congressional defense committees a report setting forth a plan for actions to eliminate the need for members of the Armed Forces and their dependents to rely on the supplemental nutrition assistance program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for their monthly nutritional needs.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.CommentsClose CommentsPermalink





(D) Such other matters as the Secretary of Defense considers appropriate.CommentsClose CommentsPermalink

SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM FOR CERTAIN PERIODS BEFORE IMPLEMENTATION OF PROGRAM.

(a) In General- Under regulations prescribed by the Secretary of Defense, the Secretary concerned may provide any member or former member of the Armed Forces with the benefits specified in subsection (b) if the member or former member would, on any day during the period beginning on January 19, 2007, and ending on the date of the implementation of the Post-Deployment/Mobilization Respite Absence (PDMRA) program by the Secretary concerned, have qualified for a day of administrative absence under the Post-Deployment/Mobilization Respite Absence program had the program been in effect during such period.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.CommentsClose CommentsPermalink





(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





(f) Construction With Other Pay and Leave- The benefits provided a member or former member of the Armed Forces under this section are in addition to any other pay, absence, or leave provided by law.CommentsClose CommentsPermalink





(g) 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) Termination-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. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

(a) Selected Reserve Reenlistment Bonus- Section 308b(g) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(b) Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(d) Ready Reserve Enlistment Bonus for Persons Without Prior Service- Section 308g(f)(2) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons With Prior Service- Section 308h(e) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(f) Selected Reserve Enlistment Bonus for Persons With Prior Service- Section 308i(f) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(g) Income Replacement Payments- Section 910(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink

SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) Nurse Officer Candidate Accession Program- Section 2130a(a)(1) of title 10, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.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’.CommentsClose CommentsPermalink





(c) Accession and Retention Bonuses for Psychologists- Section 302c-1(f) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(h) Accession Bonus for Pharmacy Officers- Section 302j(a) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink

SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.

(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service- Section 312(f) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(b) Nuclear Career Accession Bonus- Section 312b(c) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(c) Nuclear Career Annual Incentive Bonus- Section 312c(d) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.

(a) General Bonus Authority for Enlisted Members- Section 331(h) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(b) General Bonus Authority for Officers- Section 332(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(f) Hazardous Duty Pay- Section 351(i) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink

SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

(a) Aviation Officer Retention Bonus- Section 301b(a) of title 37, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(b) Assignment Incentive Pay- Section 307a(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(c) Reenlistment Bonus for Active Members- Section 308(g) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(d) Enlistment Bonus- Section 309(e) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(h) Accession Bonus for Officer Candidates- Section 330(f) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink

SEC. 616. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL BONUSES.

(a) Health Professions Referral Bonus- Section 1030(i) of title 10, United States Code, is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(b) Army Referral Bonus- Section 3252(h) of such title is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink

SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES WITH COMBAT-RELATED CATASTROPHICSERIOUS INJURIES OR ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY LIVING.

(a) In General- Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 439. Special compensation: members of the uniformed services with combat-related catastrophicserious 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).CommentsClose CommentsPermalink





‘(b) Covered Members- A member eligible for monthly special compensation authorized by subsection (a) is a member who--CommentsClose CommentsPermalink





‘(1) has a combat-related catastrophic injury or illness;‘(2) has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions required in everyday living;CommentsClose CommentsPermalink





‘(2) has a serious injury, disorder, or disease of either a temporary or permanent nature that--CommentsClose CommentsPermalink





‘(A) is incurred or aggravated in the line of duty; andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(3) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) prescribes for purposes of this section.CommentsClose CommentsPermalink





‘(c) Amount- (1) The amount of monthly special compensation payable to a member under subsection (a) shall be determined under criteria prescribed by the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard), but may not exceed the amount of aid and attendance allowance authorized by section 1114(r)(2) of title 38 for veterans in need of regular aid and attendance.CommentsClose CommentsPermalink





‘(2) In determining the amount of monthly special compensation, the Secretary concerned shall consider the following:CommentsClose CommentsPermalink





‘(A) The extent to which home health care and related services are being provided by the Government.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Payment Until Medical Retirement- Monthly special compensation is payable under this section to a member described in subsection (b) for any month that begins before the date on which the member is medically retired.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(f) Definitions- In this section:

‘(1) The term ‘catastrophic injury or illness’, with respect to member, means a permanent, severely disabling injury, disorder, or disease that compromises the member’s ability to carry out the activities of daily living to such a degree that the member requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.

‘(2) The term ‘combat-related’, with respect to a catastrophic injury or illness, means an injury or illness incurred as described in section 1413a(e) of title 10.

‘(g) 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.CommentsClose CommentsPermalink




‘(g) Regulations- The Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) shall prescribe regulations to carry out this section.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapterReport to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than one year after the date of the enactment of this Act, the Secretary of Defense (and the Secretary of Homeland Security, with respect to the Coast Guard) shall submit to Congress a report on the provision of compensation under section 439 of title 37, United States Code, as added by subsection (a) of this section.CommentsClose CommentsPermalink





(2) ELEMENTS- The report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) An estimate of the number of members of the uniformed services eligible for compensation under such section 439.CommentsClose CommentsPermalink





(B) The number of members of the uniformed services receiving compensation under such section.CommentsClose CommentsPermalink





(C) The average amount of compensation provided to members of the uniformed services receiving such compensation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(E) A summary of the types of injuries, disorders, and diseases of members of the uniformed services receiving such compensation that made such members eligible for such compensation.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:CommentsClose CommentsPermalink





‘439. Special compensation: members of the uniformed services with combat-related catastrophicserious injuries or illnesses requiring assistance in everyday living.’.CommentsClose CommentsPermalink

SEC. 618. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL PAY FOR MEMBERS OF THE ARMED FORCES SUBJECT TO CONTINUING ACTIVE DUTY OR SERVICE UNDER STOP-LOSS AUTHORITIES.

(a) Special Pay Authorized- The Secretary of the military department concerned may pay monthly special pay to any member of the Armed Forces described in subsection (b) for any month or portion of a month in which the member serves on active duty in the Armed Forces or active status in a reserve component of the Armed Forces, including time served performing pre-deployment and re-integration duty regardless of whether or not such duty was performed by such a member on active duty in the Armed Forces, or has the member’s eligibility for retirement from the Armed Forces suspended, as described in that subsection.CommentsClose CommentsPermalink





(b) Covered Members- A member of the Armed Forces described in this subsection is any member of the Army, Navy, Air Force, or Marine Corps (including a member of a reserve component thereof) who, at any time during the period beginning on October 1, 2009, and ending on June 30, 2011, serves on active duty in the Armed Forces or active status in a reserve component of the Armed Forces, including time served performing pre-deployment and re-integration duty regardless of whether or not such duty was performed by such a member on active duty in the Armed Forces, while the member’s enlistment or period of obligated service is extended, or has the member’s eligibility for retirement suspended, pursuant to section 123 or 12305 of title 10, United States Code, or any other provision of law (commonly referred to as a ‘stop-loss authority’) authorizing the President to extend an enlistment or period of obligated service, or suspend eligibility for retirement, of a member of the uniformed services in time of war or of national emergency declared by Congress or the President.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

Subtitle C--Travel and Transportation AllowancesCommentsClose CommentsPermalink

SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED INDIVIDUALS OF WOUNDED, ILL, OR INJURED MEMBERS OF THE UNIFORMED SERVICES FOR DURATION OF INPATIENT TREATMENT.

(a) Authority tTo 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 section (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-1 of this title, not more than a total of two roundtrips may be provided under paragraph (1) in any 60-day period at Government expense until there no longer is a designation of a non-medical attendant or that designation transfers to another individual, in which case during the transfer period three roundtrip tickets may be provided.’.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’.

(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. TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-MEDICAL ATTENDANTS OF SERIOUSLY WOUNDED, ILL, OR INJURED MEMBERS OF THE UNIFORMED SERVICES.

(a) Payment of Travel Costs Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 7 of title 37, United States Code, is mended by inserting after section 411h the following new section:CommentsClose CommentsPermalink

‘Sec. 411h-1. Travel and transportation allowances: transportation of non-medical attendants for members who are seriously wounded, ill, or injured

‘(a) In General- Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may be provided for a qualified non-medical attendant for a member of the uniformed services described in subsection (c) if the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member jointly determine that the presence of such an attendant may contribute to the member’s health and welfare.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--CommentsClose CommentsPermalink





‘(1) the member designates for purposes of this section to be a non-medical attendant for the member; orCommentsClose CommentsPermalink





‘(2) the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member jointly determine is an appropriate non-medical attendant for the member whose presence may contribute to the member’s health and welfare.CommentsClose CommentsPermalink





‘(c) Covered Members- A member of the uniformed services described in this subsection 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 the wound, illness, or injury for which the member is categorized as described in paragraph (2);CommentsClose CommentsPermalink





‘(2) has been determined by the attending physician or surgeon to be in the category known as ‘very seriously wounded, ill, or injured’ or in the category known as ‘seriously wounded, ill, and injured’; andCommentsClose CommentsPermalink





‘(3) either--CommentsClose CommentsPermalink





‘(A) is hospitalized for treatment of the wound, illness, or injury for which the member is so categorized; orCommentsClose CommentsPermalink





‘(B) requires continuing outpatient treatment for such wound, illness, or injury.CommentsClose CommentsPermalink





‘(d) Travel and Transportation- (1)(A) The transportation authorized by subsection (a) for a qualified non-medical attendant for a member is round-trip transportation between the home of the attendant and the location at which the member is receiving treatment, including transportation, while accompanying the member, to any other location to which the member is subsequently transferred for further treatment.CommentsClose CommentsPermalink





‘(B) In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement, or a combination thereof, for the actual and necessary expenses of travel as described in subparagraph (A), but at rates not to exceed the rates for travel established under section 404(d) of this title.CommentsClose CommentsPermalink





‘(2) The transportation authorized by subsection (a) includes transportation, while accompanying the member, necessary to obtain treatment for the member at the location to which the member is permanently assigned.CommentsClose CommentsPermalink





‘(3) The transportation authorized by subsection (a) may be provided by any means as follows:CommentsClose CommentsPermalink





‘(A) Transportation in-kind.CommentsClose CommentsPermalink





‘(B) A monetary allowance in place of transportation in-kind.CommentsClose CommentsPermalink





‘(C) Reimbursement for the cost of commercial transportation.CommentsClose CommentsPermalink





‘(4) An allowance payable under this subsection may be paid in advance.CommentsClose CommentsPermalink





‘(5) Reimbursement payable under this subsection for air travel may not exceed the cost of Government-procured commercial round-trip air travel.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘411h-1. Travel and transportation allowances: transportation of non-medical attendants for members who are seriously wounded, ill, or injured.’.CommentsClose CommentsPermalink





(b) Applicability- No reimbursement may be provided under section 411h-1 of title 37, United States Code (as added by subsection (a)), for any costs of travel or transportation incurred before the date of the enactment of this Act.CommentsClose CommentsPermalink

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-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 7 of title 37, United States Code, is amended by inserting after section 411j the following new section:CommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink





‘(b) Minimum Distance Between Stations- A member may be paid for or provided transportation under subsection (a) only as follows:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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)).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.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 relating to section 411j the following new item:CommentsClose CommentsPermalink





‘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.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to travel that occurs on or after that date.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.

(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

Subtitle D--Other MattersCommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(i) Termination of Authority-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) CONTINUATION OF INCENTIVES- Nothing in paragraph (1) shall be construed to prohibit or limit the continuing provision to an individual after the date specified in that paragraph of an incentive first provided the individual under this section before that date.’.CommentsClose CommentsPermalink

TITLE VII--HEALTH CARE PROVISIONSCommentsClose CommentsPermalink

Subtitle A--TRICARE ProgramCommentsClose CommentsPermalink

SEC. 701. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED RESERVE, AND FAMILY MEMBERS, WHO ARE QUALIFIED FOR A NON-REGULAR RETIREMENT BUT ARE NOT YET AGE 60.

(a) In General- Chapter 55 of title 10, United States Code, is amended by inserting after section 1076d the following new section: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 60

‘(a) Eligibility- (1) Except as provided in paragraph (2), a member of the Retired Reserve of a reserve component of the Armed Forces who is qualified for a non-regular retirement at age 60 under chapter 1223, but is not age 60, is eligible for health benefits under TRICARE Standard as provided in this section.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 Coverage- Eligibility for TRICARE Standard coverage of a member under this section shall terminate upon the member becoming eligible for TRICARE coverage at age 60 under section 1086 of this title.CommentsClose CommentsPermalink





‘(c) Family Members- While a member of a reserve component is covered by TRICARE Standard under the section, the members of the immediate family of such member are eligible for TRICARE Standard coverage as dependents of the member. If a member of a reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such member for TRICARE Standard coverage under this section shall continue for the same period of time that would be provided under section 1086 of this title if the member had been eligible at the time of death for TRICARE Standard coverage under such section (instead of under this section).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).CommentsClose CommentsPermalink





‘(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)(2) of this title is entitled; andCommentsClose CommentsPermalink





‘(B) health benefits contracted for under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1076d the following new item: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:CommentsClose CommentsPermalink





‘(A) Three years.CommentsClose CommentsPermalink





‘(B) The period ending on the date on which the dependent attains 21 years of age.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(i) The date on which the dependent ceases to pursue such a course of study, as determined by the administering Secretary.CommentsClose CommentsPermalink





‘(ii) The date on which the dependent attains 23 years of age’.CommentsClose CommentsPermalink

SEC. 703. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF CERTAIN PERSONS OTHERWISE INELIGIBLE UNDER RETROACTIVE DETERMINATION OF ENTITLEMENT TO MEDICARE PART A HOSPITAL INSURANCE BENEFITS.

Section 1086(d) of title 10, United States Code, is amended--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.CommentsClose CommentsPermalink





(b) Elements- In undertaking actions to reform and improve the TRICARE program under subsection (a), the Secretary shall consider actions as follows:CommentsClose CommentsPermalink





(1) Actions to guarantee the availability of care without delay for eligible beneficiaries.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(3) Actions utilizing medical technology to speed and simplify referrals for specialty care.CommentsClose CommentsPermalink





(4) Actions, including a comprehensive plan, for the enhanced availability of prevention and wellness care.CommentsClose CommentsPermalink





(5) Actions to expand and enhance options for mental health care.CommentsClose CommentsPermalink





(6) Actions utilizing technology to improve direct communication with beneficiaries regarding health and preventive care.CommentsClose CommentsPermalink





(7) Actions regarding additional financing options for health care provided by civilian providers.CommentsClose CommentsPermalink





(8) Actions to improve regional or national staffing capabilities in order to enhance support provided to military medical treatment facilities facing staff shortages.CommentsClose CommentsPermalink





(9) Actions to reduce administrative costs.CommentsClose CommentsPermalink





(10) Actions to control the cost of health care and pharmaceuticals.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(12) Actions to create performance metrics by which to measure improvement in the TRICARE program.CommentsClose CommentsPermalink





(13) Such other actions as the Secretary, in consultation with the other administering Secretaries, considers appropriate.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Reports-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) ELEMENTS- Each report under this subsection shall include the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘administering Secretaries’ has the meaning given that term in section 1072(3) of title 10, United States Code.CommentsClose CommentsPermalink





(2) The term ‘TRICARE program’ has the meaning given that term in section 1072(7) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON IMPLEMENTATION OF REQUIREMENTS ON THE RELATIONSHIP BETWEEN THE TRICARE PROGRAM AND EMPLOYER-SPONSORED GROUP HEALTH PLANS.

(a) Report Required- Not later than March 31, 2010, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the requirements of section 1097c of title 10, United States Code, relating to the relationship between the TRICARE program and employer-sponsored group health plans.CommentsClose CommentsPermalink





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





(1) A description of the extent to which the Department of Defense has established measures to assess the effectiveness of section 1097c of title 10, United States Code, in reducing health care costs to the Department for military retirees and their families, and an assessment of the effectiveness of any measures so established.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) Such other matters with respect to the administration and effectiveness of the authorities in such section 1097c as the Comptroller General considers appropriate.CommentsClose CommentsPermalink

SEC. 706. SENSE OF THE SENATE ON HEALTH CARE BENEFITS AND COSTS FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.

Subtitle B--Other Health Care BenefitsCommentsClose CommentsPermalink

SEC. 711. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION.

(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), suicidal tendencies, and other behavioral health issues identified among members of the Armed Forces described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health issues.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 guidance in achieving the purpose specified in subsection (b) for such assessments.CommentsClose CommentsPermalink

SEC. 712. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEMBERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY FOR MORE THAN 30 DAYS IN SUPPORT OF A CONTINGENCY OPERATION.

Section 1145(a) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking ‘paragraph (3)’ and inserting ‘paragraph (4)’; andCommentsClose CommentsPermalink





(B) in subparagraph (A), by inserting ‘except as provided in paragraph (3),’ before ‘medical and dental care’;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively;CommentsClose CommentsPermalink





(3) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink





‘(3) In the case of a member described in paragraph (2)(B), the dental care to which the member is entitled under this subsection shall be the dental care to which a member of the uniformed services on active duty for more than 30 days is entitled under section 1074 of this title.’; andCommentsClose CommentsPermalink





(4) in subparagraph (A) of paragraph (6), as redesignated by paragraph (2) of this section, by striking ‘paragraph (4)’ and inserting ‘paragraph (5)’.CommentsClose CommentsPermalink

Subtitle C--Health Care AdministrationCommentsClose CommentsPermalink

SEC. 721. COMPREHENSIVE POLICY ON PAIN MANAGEMENT BY THE MILITARY HEALTH CARE SYSTEM.

(a) Comprehensive Policy Required- Not later than October 1, 2010, the Secretary of Defense shall develop and implement a comprehensive policy on pain management by the military health care system.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.CommentsClose CommentsPermalink





(3) The consistent application of pain assessments throughout the Department.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. 722. PLAN TO INCREASE THE BEHAVIORAL HEALTH CAPABILITIES OF THE DEPARTMENT OF DEFENSE.

(a) Plan Required-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall develop and implement a plan to significantly increase the number of military and civilian behavioral health personnel of the Department of Defense by September 30, 2013.CommentsClose CommentsPermalink





(2) ELEMENTS- The plan required by paragraph (1) 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 behavioral health professions.CommentsClose CommentsPermalink





(B) The offering of accession and retention bonuses for psychologists as authorized by section 620 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4489).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 providers 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 hiring authority to increase the number of behavioral 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Report on Additional Officer or Enlisted Military Specialties for Behavioral Health Counselors-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 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 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. 723. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF MEDICATIONS FOR PHYSICALLY AND PSYCHOLOGICALLY WOUNDED MEMBERS OF THE ARMED FORCES.

(a) Study Required- The Secretary of Defense shall conduct a study on the management of medications for physically and psychologically wounded members of the Armed Forces.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 misadministration 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 misadministration 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 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 misadministration 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.

Subtitle D--Wounded Warrior MattersCommentsClose CommentsPermalink

SEC. 731. REPORT ONPILOT PROGRAM FOR THE PROVISION OF COGNITIVE REHABILITATION FOR MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY.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 evidence to be required from a long term, integrated study on treatment strategies forVE THERAPY SERVICES UNDER THE TRICARE PROGRAM.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may, in consultation with the entities and officials referred to in subsection (d), carry out a pilot program under the TRICARE program to determine the feasibility and advisability of expanding the availability of cognitive rehabilitation for members of the Armed Forces who have sustained a Traumatic Brain Injury (TBI) in order to permit the Department of Defense to determine how receipt ofve therapy services 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--CommentsClose CommentsPermalink





(1) the member or former member--CommentsClose CommentsPermalink





(A) is otherwise eligible for medical care under the TRICARE program;CommentsClose CommentsPermalink





(B) has been diagnosed with a moderate to severe traumatic brain injury incurred in the line of duty in Operation Iraqi Freedom or Operation Enduring Freedom;CommentsClose CommentsPermalink





(C) is retired or separated from the Armed Forces for disability under chapter 61 of title 10, United States Code; andCommentsClose CommentsPermalink





(D) is referred by a qualified physician for cognitive rehabilitation by such membersve therapy; andCommentsClose CommentsPermalink





(2) cognitive rehabilitative therapy is not reasonably available to the member or former member through the Department of Veterans Affairs.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) Procedures for access to cognitive rehabilitative therapy services.CommentsClose CommentsPermalink





(2) Qualifications and supervisory requirements for licensed and certified health care professionals providing such services.CommentsClose CommentsPermalink





(3) A methodology for reimbursing providers for such services.CommentsClose CommentsPermalink





(d) Entities and Officials to Be Consulted- The entities and officials referred to in this subsection are the following:CommentsClose CommentsPermalink





(1) The Secretary of Veterans Affairs.CommentsClose CommentsPermalink





(2) The Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury could be reimbursed as a health care benefit.CommentsClose CommentsPermalink





(3) Relevant national organizations with experience in treating traumatic brain injury.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(2) making recommendations with respect to the effectiveness of cognitive rehabilitative therapy services and the appropriateness of including such services as a benefit under the TRICARE program.CommentsClose CommentsPermalink





(f) TRICARE Program Defined- The term ‘TRICARE program’ has the meaning given that term in section 1072(7) of title 10, United States Code.CommentsClose CommentsPermalink





(g) Funding- Of the amount authorized to be appropriated by section 1403 for the Defense Health Program, not more than $5,000,000 may be available to carry out the pilot program under this section.CommentsClose CommentsPermalink

SEC. 732. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, MANAGEMENT, AND TRANSITION OF RECOVERING WOUNDED, ILL, AND INJURED MEMBERS OF THE ARMED FORCES.

(a) Establishment-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 programs.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 Required-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. 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 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) 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 report, 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 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 report, the Task Force shall review and assess the following:CommentsClose CommentsPermalink





(A) Case management, including the numbers and types of case managers (including Federal Recovery Coordinators, Recovery Care Coordinators, National Guard or Reserve case managers, and other case managers) assigned to recovering wounded, ill, and injured members of the Armed Forces, the training provided such case mangers, and the effectiveness of such case mangers in providing care and support to recovering wounded, ill, and injured members of the Armed Forces.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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(F) The effectiveness of any measures under pilot programs to improve or enhance the military disability evaluation system.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(H) The establishment and effectiveness of the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, and the centers of excellence for military eye injuries, hearing loss and auditory system injuries, and traumatic extremity injuries and amputations.CommentsClose CommentsPermalink





(I) The establishment and effectiveness of performance and accountability standards for warrior transition units and programs.CommentsClose CommentsPermalink





(J) The support available to family caregivers of recovering wounded, ill, and injured members of the Armed Forces.CommentsClose CommentsPermalink





(K) The availability of vocational training for recovering wounded, ill, and injured members of the Armed Forces seeking to transition to civilian life.CommentsClose CommentsPermalink





(L) The availability of services for traumatic brain injury and post traumatic stress disorder.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) 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





(O) 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 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 with 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 subsection, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement the recommendations of the Task Force as included in the report of the Task Force under subsection (c).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 subsection (c).CommentsClose CommentsPermalink

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERSCommentsClose CommentsPermalink

Subtitle A--Amendments to General Contracting Authorities, Procedures, and LimitationsCommentsClose CommentsPermalink

SEC. 801. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF PROTOTYPE UNITS.

(a) Contract Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 139 of title 10, United States Code, is amended by inserting after section 2359b the following new section:CommentsClose CommentsPermalink

‘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:CommentsClose CommentsPermalink





‘(1) The delivery of a specified number of prototype items to demonstrate technology developed under the contract.CommentsClose CommentsPermalink





‘(2) The provision, for a specified period of time, of advanced component development effort or effort to prototype technology developed under the contract.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The period of time specified under subsection (a)(2) may not exceed 12 months.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) The amount that is three times the dollar value of the work previously performed under the contract.CommentsClose CommentsPermalink





‘(B) $20,000,000.’.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:CommentsClose CommentsPermalink





‘2359c. Contract authority for advanced development of prototype units.’.CommentsClose CommentsPermalink





(b) Sunset-CommentsClose CommentsPermalink





(1) IN GENERAL- Effective on the date that is five years after the date of the enactment of this Act--CommentsClose CommentsPermalink





(A) section 2359c of title 10, United States Code (as added by subsection (a)), is repealed; andCommentsClose CommentsPermalink





(B) the table of sections at the beginning of chapter 139 of such title (as amended by subsection (a)) is further amended by striking the item relating to section 2359c.CommentsClose CommentsPermalink





(2) CONTINUATION OF LINE ITEMS AND OPTIONS- The repeal of section 2359c of title 10, United States Code (as so added), by paragraph (1) shall not affect the authority of the Department of Defense to exercise any contract line item or option included in a contract under the authority of such section before the effective date of the repeal of such section under paragraph (1).CommentsClose CommentsPermalink





(c) Report- Not later than three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority provided by section 2359c of title 10, United States Code (as added by subsection (a)). The report shall, at a minimum--CommentsClose CommentsPermalink





(1) identify the number of times the authority in section 2359c of title 10, United States Code (as so added), has been used by each military department and Defense Agency, and the dollar amount of contract line items or options exercised pursuant to such authority;CommentsClose CommentsPermalink





(2) assess the effectiveness of the authority in promoting the maturation of technologies and in addressing potential gaps between science and technology projects and acquisition programs;CommentsClose CommentsPermalink





(3) assess any potential anti-competitive impacts resulting from the use of the authority; andCommentsClose CommentsPermalink





(4) make such recommendations as the Secretary considers appropriate.CommentsClose CommentsPermalink

SEC. 802. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE CONTRACTS.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify the Department of Defense Supplement to the Federal Acquisition Regulation to provide that the head of an agency may not award a sole-source contract for an amount exceeding $20,000,000 unless--CommentsClose CommentsPermalink





(1) the contracting officer for the contract justifies the use of a sole-source contract in writing; andCommentsClose CommentsPermalink





(2) the justification is approved by an official designated in section 2304(f)(1)(B) of title 10, United States Code, to approve contract awards for dollar amounts that are comparable to the amount of the sole-source contract.CommentsClose CommentsPermalink





(b) Elements of Justification- The justification of a sole-source contract required pursuant to subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) A description of the needs of the agency concerned for the matters covered by the contract.CommentsClose CommentsPermalink





(2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract.CommentsClose CommentsPermalink





(3) A determination that the use of a sole-source contract is in the best interest of the Department of Defense.CommentsClose CommentsPermalink





(4) A determination that the anticipated cost of the contract will be fair and reasonable.CommentsClose CommentsPermalink





(5) Such other matters as the Secretary shall specify for purposes of this section.CommentsClose CommentsPermalink





(c) Construction With Competition in Contracting Act Requirements- In the case of any contract for which a justification and approval is required under section 2304(f) of title 10, United States Code, a justification and approval meeting the requirements of such section may be treated as meeting the requirements of this section for purposes of the award of a sole-source contract.CommentsClose CommentsPermalink

Subtitle B--Acquisition Policy and ManagementCommentsClose CommentsPermalink

SEC. 811. REPORTING REQUIREMENTS FOR PROGRAMS THAT QUALIFY AS BOTH MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS AND MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) In General- Section 2445d of title 10, United States Code, is amended by striking ‘of this title’ and all that follows and inserting ‘of this title, the Secretary may designate the program to be treated only as a major automated information system program covered by this chapter or to be treated only as a major defense acquisition program covered by such chapter 144.’.CommentsClose CommentsPermalink





(b) Guidance Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance on the implementation of section 2445d of title 10, United States Code (as amended by subsection (a)). The guidance shall provide that, as a general rule--CommentsClose CommentsPermalink





(1) a program covered by such section that requires the development of customized hardware shall be treated only as a major defense acquisition program under chapter 144 of title 10, United States Code; andCommentsClose CommentsPermalink





(2) a program covered by such section that does not require the development of customized hardware shall be treated only as a major automated information system program under chapter 144A of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 812. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.

(a) Additional Element of Fund- Subsection (d) of section 1705 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink





(B) by inserting after subparagraph (A) the following new subparagraph (B):CommentsClose CommentsPermalink





‘(B) Amounts transferred to the Fund pursuant to paragraph (3).’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) TRANSFER OF CERTAIN UNOBLIGATED BALANCES- To the extent provided in appropriations Acts, the Secretary of Defense may, during the 24-month period following the expiration of availability for obligation of any appropriations made to the Department of Defense for procurement, research, development, test, and evaluation, or operation and maintenance, transfer to the Fund any unobligated balance of such appropriations. Any amount so transferred shall be credited to the Fund.’.CommentsClose CommentsPermalink





(b) Nature of Expended Amounts Providing Basis for Credit to Fund- Subparagraph (A) of paragraph (2) of such subsection is amended by striking ‘, other than’ and all that follows and inserting ‘from amounts available for operation and maintenance.’.CommentsClose CommentsPermalink





(c) Remittances- Subparagraph (B) of paragraph (2) of such subsection is amended by inserting ‘, from amounts available to such military department or Defense Agency, as the case may be, for operation and maintenance,’ after ‘remit to the Secretary of Defense’.CommentsClose CommentsPermalink





(d) Additional Matters Relating to Remittances- Such subsection is further amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(B), by striking ‘Not later than’ and inserting ‘Subject to paragraph (4), not later than’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMITTANCES- (A) In the event amounts are transferred to the Fund during a fiscal year pursuant to paragraph (1)(B) or appropriated to the Fund for a fiscal year pursuant to paragraph (1)(C), the aggregate amount otherwise required to be remitted to the Fund for that fiscal year pursuant to paragraph (2)(B) shall be reduced by the amount equal to the amounts so transferred or appropriated to the Fund during or for that fiscal year. Any reduction in the aggregate amount required to be remitted to the Fund for a fiscal year under this subparagraph shall be allocated as provided in applicable provisions of appropriations Acts or, absent such provisions, on a pro rata basis among the military departments and Defense Agencies required to make remittances to the Fund for that fiscal year under paragraph (2)(B).CommentsClose CommentsPermalink





‘(B) Any remittance of amounts to the Fund for a fiscal year under paragraph (2) shall be subject to the availability of appropriations for that purpose.’.CommentsClose CommentsPermalink





(e) Remittance Amounts- Paragraph (2) of such subsection is further amended by striking subparagraphs (C) and (D) and inserting the following new subparagraphs:CommentsClose CommentsPermalink





‘(C) For purposes of this paragraph, the applicable percentage for a fiscal year is the percentage that results in the credit to the Fund in such fiscal year of an amount as follows:CommentsClose CommentsPermalink





‘(i) For fiscal year 2010, $570,000,000.CommentsClose CommentsPermalink





‘(ii) For fiscal year 2011, $770,000,000.CommentsClose CommentsPermalink





‘(iii) For fiscal year 2012, $900,000,000.CommentsClose CommentsPermalink





‘(iv) For fiscal year 2013, $1,180,000,000.CommentsClose CommentsPermalink





‘(v) For fiscal year 2014, $1,330,000,000.CommentsClose CommentsPermalink





‘(vi) For fiscal year 2015, $1,470,000,000.CommentsClose CommentsPermalink





‘(D) The Secretary of Defense may reduce a percentage specified in subparagraph (C) for a fiscal year if the Secretary determines that the application of such percentage would result in the crediting to the Fund in such fiscal year of an amount greater than is reasonably needed for purposes of the Fund. The percentage for a fiscal year, as so reduced, may not be a percentage that will result in the credit to the Fund in such fiscal year of an amount that is less than 80 percent of the amount otherwise specified in subparagraph (C) for such fiscal year.’.CommentsClose CommentsPermalink





(f) Clarification of Limitation on Pay of Base Salary of Current Employees- Subsection (e)(5) of such section is amended by striking ‘as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008’ and inserting ‘serving in a position in the acquisition workforce as of January 28, 2008’.CommentsClose CommentsPermalink





(g) Technical Amendments-CommentsClose CommentsPermalink





(1) Subsection (a) of such section is amended by inserting ‘Development’ after ‘Workforce’.CommentsClose CommentsPermalink





(2) Subsection (f) of such section is amended in the matter preceding paragraph (1) by striking ‘beginning with fiscal year 2008’.CommentsClose CommentsPermalink





(h) Effective Dates-CommentsClose CommentsPermalink





(1) FUNDING AMENDMENTS- The amendments made by subsections (a) through (e) shall take effect on October 1, 2009.CommentsClose CommentsPermalink





(2) TECHNICAL AMENDMENTS- The amendments made by subsections (f) and (g) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 813. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR DEFENSE ACQUISITION WORKFORCE POSITIONS.

(a) In General- Paragraph (1) of section 1705(h) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘acquisition positions within the Department of Defense as shortage category position’ and inserting ‘acquisition workforce positions as positions for which there exists a shortage of candidates or there is a critical hiring need’; andCommentsClose CommentsPermalink





(2) in subparagraph (B), by striking ‘highly qualified’ and inserting ‘appropriately qualified’.CommentsClose CommentsPermalink





(b) Extension- Paragraph (2) of such section is amended by striking ‘September 30, 2012’ and inserting ‘September 30, 2015’.CommentsClose CommentsPermalink





(c) Technical Amendment- Paragraph (1) of such section is further amended by striking ‘United States Code,’ in the matter preceding subparagraph (A).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 DEFENSE.

Section 801(b) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) TREATMENT OF PROCUREMENTS UNDER JOINT PROGRAMS- For purposes of this subsection, a contract entered by a non-defense agency for the performance of a joint program conducted to meet the needs of the Department of Defense and the non-defense agency shall not be considered a procurement of property or services for the Department of Defense through a non-defense agency.’.CommentsClose CommentsPermalink

SEC. 815. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON TRAINING OF ACQUISITION AND AUDIT PERSONNEL OF THE DEPARTMENT OF DEFENSE.

(a) Report Required- Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment of the efficacy of Department of Defense training for acquisition and audit personnel of the Department of Defense.CommentsClose CommentsPermalink





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





(1) An assessment of the nature and efficacy of training (including training materials and methods) required for acquisition and audit personnel of the Department of Defense.CommentsClose CommentsPermalink





(2) An assessment of the timeliness and manner in which the Department of Defense provides training for such personnel.CommentsClose CommentsPermalink





(3) An assessment of the extent to which such training reaches appropriate acquisition personnel, including personnel outside the acquisition workforce who exercise significant acquisition responsibilities.CommentsClose CommentsPermalink





(4) An assessment of the extent to which each of the Department of Defense and the Department of the Army have implemented the recommendations of the Commission on Army Acquisition and Program Management in Expeditionary Operations relating to training of acquisition personnel.CommentsClose CommentsPermalink





(5) Such recommendations as the Comptroller General considers appropriate regarding training of acquisition and audit personnel of the Department of Defense, including recommendations regarding best practices and objectives for improved training of such acquisition and audit personnel.CommentsClose CommentsPermalink

Subtitle C--Contractor MattersCommentsClose CommentsPermalink

SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO HAVE ACCESS TO TECHNICAL DATA BELONGING TO PRIME CONTRACTORS.

(a) Authority-CommentsClose CommentsPermalink





(1) ACCESS TO TECHNICAL DATA- Subsection (c) of section 2320 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(B) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink





(C) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink





‘(2) notwithstanding any limitation upon the license rights conveyed under subsection (a), allowing a covered Government support contractor access to and use of any technical data delivered under a contract for the sole purpose of furnishing independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of the program or effort to which such technical data relates; or’.CommentsClose CommentsPermalink





(2) COVERED GOVERNMENT SUPPORT CONTRACTOR DEFINED- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) In this section, the term ‘covered Government support contractor’ means a contractor under a contract the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), which contractor--CommentsClose CommentsPermalink





‘(1) is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; andCommentsClose CommentsPermalink





‘(2) executes a contract with the Government agreeing to and acknowledging--CommentsClose CommentsPermalink





‘(A) that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;CommentsClose CommentsPermalink





‘(B) that a breach of that contract by the covered Government support contractor with regard to a third party’s ownership or rights in such technical data may subject the covered Government support contractor--CommentsClose CommentsPermalink





‘(i) to criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; andCommentsClose CommentsPermalink





‘(ii) to civil actions for damages and other appropriate remedies by the contractor or subcontractor whose technical data is affected by the breach;CommentsClose CommentsPermalink





‘(C) that such technical data provided to the covered Government support contractor under the authority of this section shall not be used by the covered Government support contractor to compete against the third party for Government or non-Government contracts; andCommentsClose CommentsPermalink





‘(D) that any breach of the nondisclosure obligations under subparagraphs (A) through (C) may constitute a violation of section 1905 of title 18.’.CommentsClose CommentsPermalink





(b) Criminal Penalty- Section 1905 of title 18, United States Code, is amended by inserting ‘or being an officer, agent, or employee of a private sector organization having a contractual nondisclosure agreement under the authority of section 2320(f)(2) of title 10,’ after ‘Antitrust Civil Process Act (15 U.S.C. 1311-1314),’.CommentsClose CommentsPermalink

SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.

(a) Date of Final Report- Subsection (d)(3) of section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 230) is amended by striking ‘two years’ and inserting ‘three years’.CommentsClose CommentsPermalink





(b) Assistance From Federal Agencies- Such section is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (f) and (g) as subsections (g) and (g) as subsections (g) and (h), respectively; andCommentsClose CommentsPermalink





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





‘(f) Assistance From Federal Agencies-CommentsClose CommentsPermalink





‘(1) DEPARTMENT OF DEFENSE- The Secretary of Defense shall provide to the Commission administrative support for the performance of the Commission’s functions in carrying out the requirements of this section.CommentsClose CommentsPermalink





‘(2) TRAVEL AND LODGING IN COMBAT THEATERS- The administrative support provided the Commission under paragraph (1) shall include travel and lodging undertaken in combat theaters, which support shall be provided on a non-reimbursable basis.CommentsClose CommentsPermalink





‘(3) OTHER DEPARTMENTS AND AGENCIES- In addition to the support required by paragraph (1), any department or agency of the Federal Government may provide to the Commission such services, funds, facilities, staff, and other support services for the performance of the Commission’s functions as the head of such department or agency considers advisable, or as may otherwise be authorized by law.’.CommentsClose CommentsPermalink

SEC. 823. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL.

(a) Regulations Required- Effective as of the date that is one year after the date of the enactment of this Act, the Department of Defense manpower mix criteria and the Department of Defense Supplement to the Federal Acquisition Regulation shall be modified to provide the following:CommentsClose CommentsPermalink





(1) That the interrogation of enemy prisoners of war, civilian internees, retained persons, other detainees, terrorists, and criminals when captured, transferred, confined, or detained during or in the aftermath of hostilities is an inherently governmental function and cannot be transferred to contractor personnel.CommentsClose CommentsPermalink





(2) That contractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions in interrogations of persons as described in paragraph (1) if such personnel are subject to the same rules, procedures, policies, and laws pertaining to detainee operations and interrogations as apply to government personnel in such positions in such interrogations.CommentsClose CommentsPermalink





(b) Discharge by Government Personnel- The Secretary of Defense shall take appropriate actions to ensure that, by not later than one year after the date of the enactment of this Act, the Department of Defense has the resources needed to ensure that interrogations described in subsection (a)(1) are conducted by appropriately qualified government personnel.CommentsClose CommentsPermalink

SEC. 824. MODIFICATIONS TO DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.

Subtitle D--Other MattersCommentsClose CommentsPermalink

SEC. 831. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN CENTRAL ASIA, PAKISTAN, AND THE SOUTH CAUCASUS.

(a) In General- In the case of a product or service to be acquired in support of military operations or stability operations (including security, transition, reconstruction, and humanitarian relief activities) in Afghanistan for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which--CommentsClose CommentsPermalink





(1) competition is limited to products or services that are from Central Asia, Pakistan, or the South Caucasus;CommentsClose CommentsPermalink





(2) procedures other than competitive procedures are used to award a contract to a particular source or sources from Central Asia, Pakistan, or the South Caucasus; orCommentsClose CommentsPermalink





(3) a preference is provided for products or services that are from Central Asia, Pakistan, or the South Caucasus.CommentsClose CommentsPermalink





(b) Determination- A determination described in this subsection is a determination by the Secretary that--CommentsClose CommentsPermalink





(1) the product or service concerned is to be used only by military forces, police, or other security personnel of Afghanistan; orCommentsClose CommentsPermalink





(2) it is in the national security interest of the United States to limit competition, use procedures other than competitive procedures, or provide a preference as described in subsection (a) because--CommentsClose CommentsPermalink





(A) such limitation, procedure, or preference is necessary--CommentsClose CommentsPermalink





(i) to improve local market and transportation infrastructure in Central Asia, Pakistan, or the South Caucasus in order to reduce overall United States transportation costs and risks in shipping goods in support of operations in Afghanistan; orCommentsClose CommentsPermalink





(ii) to encourage states of Central Asia, Pakistan, or the South Caucasus to cooperate in expanding supply routes through their territory in support of operations in Afghanistan; andCommentsClose CommentsPermalink





(B) such limitation, procedure, or preference will not adversely affect--CommentsClose CommentsPermalink





(i) operations in Afghanistan; orCommentsClose CommentsPermalink





(ii) the United States industrial base.CommentsClose CommentsPermalink





(c) Products, Services, and Sources From Central Asia, Pakistan, or the South Caucasus- For the purposes of this section:CommentsClose CommentsPermalink





(1) A product is from the Central Asia, Pakistan, or the South Caucasus if it is mined, produced, or manufactured in Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan.CommentsClose CommentsPermalink





(2) A service is from Central Asia, Pakistan, or the South Caucasus if it is performed in Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan by citizens or permanent resident aliens of Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan.CommentsClose CommentsPermalink





(3) A source is from Central Asia, Pakistan, or the South Caucasus if it--CommentsClose CommentsPermalink





(A) is located in Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan; andCommentsClose CommentsPermalink





(B) offers products or services that are from Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan.CommentsClose CommentsPermalink





(d) Construction With Other Authority- The authority in subsection (a) is in addition to the authority in section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note).CommentsClose CommentsPermalink





(e) Annual Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than December 31 each year, the Secretary shall submit to Congress a report on the exercise of the authority in subsection (a) during the preceding fiscal year.CommentsClose CommentsPermalink





(2) ELEMENTS- Each report under this subsection shall include, for the fiscal year covered by such report, the following:CommentsClose CommentsPermalink





(A) A statement of the number of occasions on which the Secretary made a determination under subsection (a) with respect to the exercise of the authority in subsection (a), regardless of whether or not the determination resulted in the exercise of such authority.CommentsClose CommentsPermalink





(B) The total amount of all procurements pursuant to the exercise of such authority, and the total amount of procurements for each country with respect to which such authority was exercised.CommentsClose CommentsPermalink





(C) A description and assessment of the extent to which procurements pursuant to the exercise of such authority furthered the national security interest of the United States.CommentsClose CommentsPermalink





(f) Sunset- The authority in subsection (a) shall expire on the date that is three years after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.

(a) Authority to Modify Definition of ‘Small Arms Production Industrial Base’- Section 2473(c) of title 10, United States Code, is amended by inserting before the period at the end the following: ‘, and any subsequent modifications to such list of firms pursuant to a review by the Secretary of Defense’.CommentsClose CommentsPermalink





(b) Review of Small Arms Production Industrial Base-CommentsClose CommentsPermalink





(1) REVIEW- Not later than March 31, 2010, the Secretary of Defense shall review and determine, based upon manufacturing capability and capacity--CommentsClose CommentsPermalink





(A) whether any firms included in the small arms production industrial base (as that term is defined in section 2473(c) of title 10, United States Code) should be eliminated or modified and whether any additional firms should be included; andCommentsClose CommentsPermalink





(B) whether any of the small arms listed in section 2473(d) of title 10, United States Code, should be eliminated from the list or modified on the list, and whether any additional small arms should be included in the list.CommentsClose CommentsPermalink





(2) REPORT- Not later than March 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on the review conducted under this subsection, including any recommendations for changes to the list maintained pursuant to subsection (c) of section 2473(d) of title 10, United States Code, or the list under subsection (d) of such section.CommentsClose CommentsPermalink

SEC. 833. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF DEFENSE.

(a) SBIR Extension- Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The authorization’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), the authorization’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) EXCEPTION FOR DEPARTMENT OF DEFENSE- The Secretary of Defense and the Secretary of each military department is authorized to carry out the Small Business Innovation Research Program of the Department of Defense until September 30, 2023.’.CommentsClose CommentsPermalink





(b) STTR Reauthorization- Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘With respect’ and inserting the following:CommentsClose CommentsPermalink





‘(i) FEDERAL AGENCIES GENERALLY- Except as provided in clause (i), with respect’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(ii) DEPARTMENT OF DEFENSE- The Secretary of Defense and the Secretary of each military department shall carry out clause (i) with respect to each fiscal year through fiscal year 2023.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on July 30, 2009.CommentsClose CommentsPermalink

SEC. 834. EXPANSION AND PERMANENT AUTHORITY FOR SMALL BUSINESS INNOVATION RESEARCH COMMERCIALIZATION PROGRAM.

(a) Expansion To Include Small Business Technology Transfer Program- Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended in paragraphs (1), (2), and (4) by inserting ‘and the Small Business Technology Transfer Program’ after ‘Small Business Innovation Research Program’.CommentsClose CommentsPermalink





(b) Permanent Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- Such section is further amended by striking paragraph (6).CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Such section is further amended--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Pilot’; andCommentsClose CommentsPermalink





(B) by striking ‘Pilot’ each place it appears.CommentsClose CommentsPermalink

SEC. 835. MEASURES TO ENSURE THE SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY OPERATIONS.

(a) Policy- It shall be the policy of the Department of Defense to incorporate generally accepted industry standards for the safety and health of personnel, to the maximum extent practicable, into requirements for facilities, infrastructure, and equipment that are intended for use by military or civilian personnel of the Department in current and future contingency operations.CommentsClose CommentsPermalink





(b) Contracts- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing that actions that the Department of Defense has taken, or plans to take, to ensure that each contract or task or delivery order entered into for the construction, installation, repair, maintenance, or operation of facilities for use by military or civilian personnel of the Department in current and future contingency operations complies with the policy established in subsection (a).CommentsClose CommentsPermalink





(c) Generally Accepted Industry Standards for Safety- For the purposes of this section, generally accepted industry standards for the safety of personnel include--CommentsClose CommentsPermalink





(1) appropriate standards with respect to fire protection and structural integrity; andCommentsClose CommentsPermalink





(2) standards with respect to electrical systems, water treatment, and telecommunications networks.CommentsClose CommentsPermalink

SEC. 836. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM ESSENTIAL ITEM BREAKOUT LIST.

Section 813 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.CommentsClose CommentsPermalink

SEC. 837. DEFENSE SCIENCE BOARD REPORT ON RARE EARTH MATERIALS IN THE DEFENSE SUPPLY CHAIN.

(a) Report Required- Not later than one year after the date of the enactment of this Act, the Defense Science Board shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the usage of rare earth materials in the supply chain of the Department of Defense.CommentsClose CommentsPermalink





(b) Elements- The report required by subsection (a) shall address, at a minimum, the following:CommentsClose CommentsPermalink





(1) The current and projected domestic and world-wide availability of rare earth materials for use by the Department of Defense in its weapon systems.CommentsClose CommentsPermalink





(2) The extent to which weapon systems acquired by the Department of Defense are currently dependent on, or are projected to become dependent on, rare earth materials supplied by sources that could be interrupted.CommentsClose CommentsPermalink





(3) The risk to national security, if any, of dependence on such sources for rare earth materials.CommentsClose CommentsPermalink





(4) Any steps that the Department of Defense has taken or is planning to take to address any such risk to national security.CommentsClose CommentsPermalink





(5) Such recommendations for further action to address the matters covered by the report as the Defense Science Board considers appropriate.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘rare earth’ means the chemical elements in the periodic table beginning with lanthanum and continuing to lutetium, and any associated elements.CommentsClose CommentsPermalink





(2) The term ‘rare earth material’ includes rare earth ores, semi-finished rare earth products, and components containing rare earth materials.CommentsClose CommentsPermalink

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENTCommentsClose CommentsPermalink

Subtitle A--Department of Defense ManagementCommentsClose CommentsPermalink

SEC. 901. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT SECRETARIES OF DEFENSE.

(a) Deputy Under Secretaries of Defense- Chapter 4 of title 10, United States Code, is amended by adding after section 137 the following new section:CommentsClose CommentsPermalink

‘Sec. 137a. Deputy Under Secretaries of Defense

‘(a)(1) There are five Deputy Under Secretaries of Defense.CommentsClose CommentsPermalink





‘(2)(A) The Deputy Under Secretaries of Defense referred to in paragraphs (1) through (3) of subsection (c) shall be appointed as provided in the applicable paragraph.CommentsClose CommentsPermalink





‘(B) The Deputy Under Secretaries of Defense referred to in paragraphs (4) and (5) of subsection (c) shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(3) The five Deputy Under Secretaries of Defense authorized by this section are the only Deputy Under Secretaries of Defense.CommentsClose CommentsPermalink





‘(b) Each Deputy Under Secretary of Defense shall be the first assistant to an Under Secretary of Defense and shall assist such Under Secretary in the performance of the duties of the position of such Under Secretary and shall act for, and exercise the powers of, such Under Secretary when such Under Secretary is absent or disabled.CommentsClose CommentsPermalink





‘(c)(1) One of the Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics appointed pursuant to section 133a of this title.CommentsClose CommentsPermalink





‘(2) One of the Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Policy appointed pursuant to section 134a of this title.CommentsClose CommentsPermalink





‘(3) One of the Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Personnel and Readiness appointed pursuant to section 136a of this title.CommentsClose CommentsPermalink





‘(4) One of the Deputy Under Secretaries shall be the Principal Deputy Under Secretary of Defense (Comptroller).CommentsClose CommentsPermalink





‘(5) One of the Deputy Under Secretaries shall be the Principal Deputy Under Secretary of Defense for Intelligence.CommentsClose CommentsPermalink





‘(d) The Deputy Under Secretaries of Defense take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense.’.CommentsClose CommentsPermalink





(b) Assistant Secretaries of Defense-CommentsClose CommentsPermalink





(1) REDESIGNATION OF DEPUTY UNDER SECRETARY FOR LOGISTICS AND MATERIEL READINESS AS ASSISTANT SECRETARY- Chapter 4 of such title is further amended--CommentsClose CommentsPermalink





(A) by transferring section 133b to appear after section 138 and redesignating such section, as so transferred, as section 138a; andCommentsClose CommentsPermalink





(B) in such section, as so transferred and redesignated, by striking ‘Deputy Under Secretary’ each place it appears and inserting ‘Assistant Secretary’.CommentsClose CommentsPermalink





(2) ADDITIONAL ASSISTANT SECRETARIES- Section 138 of such title is amended--CommentsClose CommentsPermalink





(A) by striking subsection (a) and inserting the following new subsection (a):CommentsClose CommentsPermalink





‘(a)(1) There are 16 Assistant Secretaries of Defense.CommentsClose CommentsPermalink





‘(2)(A) The Assistant Secretary of Defense referred to in subsection (b)(7) shall be appointed as provided in that subsection.CommentsClose CommentsPermalink





‘(B) The other Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.’; andCommentsClose CommentsPermalink





(B) in subsection (b), by adding the following new paragraphs:CommentsClose CommentsPermalink





‘(6) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Acquisition. The Assistant Secretary of Defense for Acquisition is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to acquisition.CommentsClose CommentsPermalink





‘(7) One of the Assistant Secretaries is the Assistant Secretary of Defense for Logistics and Materiel Readiness appointed pursuant to section 138a of this title. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Logistics and Materiel Readiness shall have the duties specified in section 138a of this title.CommentsClose CommentsPermalink





‘(8) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Installations and Environment. The Assistant Secretary of Defense for Installations and Environment is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to Department of Defense installations and environmental policy.CommentsClose CommentsPermalink





‘(9) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Manufacturing and Industrial Base. The Assistant Secretary of Defense for Manufacturing and Industrial Base is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on policies relating to the defense industrial base, carrying out the requirements of chapter 148 of this title, and executing the authorities provided by the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.).CommentsClose CommentsPermalink





‘(10) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Readiness. The Assistant Secretary of Defense for Readiness is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Personnel and Readiness on matters relating to military readiness.CommentsClose CommentsPermalink





‘(11) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Strategy, Plans, and Forces. The Assistant Secretary of Defense for Strategy, Plans, and Forces is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Policy on matters relating to strategy, plans, and forces.’.CommentsClose CommentsPermalink





(c) Conforming and Clerical Amendments-CommentsClose CommentsPermalink





(1) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 133a of such title is amended--CommentsClose CommentsPermalink





(i) by striking ‘Deputy Under Secretary of Defense for Acquisition and Technology’ each place it appears and inserting ‘Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics’; andCommentsClose CommentsPermalink





(ii) by striking ‘duties relating to acquisition and technology’ and inserting ‘duties’.CommentsClose CommentsPermalink





(B) Section 134a of such title is amended by striking ‘Deputy Under Secretary’ each place it appears and inserting ‘Principal Deputy Under Secretary’.CommentsClose CommentsPermalink





(C) Section 134b of such title is repealed.CommentsClose CommentsPermalink





(D) Section 136a of such title is amended by striking ‘Deputy Under Secretary’ each place it appears and inserting ‘Principal Deputy Under Secretary’.CommentsClose CommentsPermalink





(2) SECTION HEADING AMENDMENTS-CommentsClose CommentsPermalink





(A) The heading of section 133a of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics’.

(B) The heading of section 134a of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 134a. Principal Deputy Under Secretary of Defense for Policy’.

(C) The heading of section 136a of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness’.

(D) The heading of section 138a of such title, as transferred and redesignated by subsection (b)(1) of this section, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 138a. Assistant Secretary of Defense for Logistics and Materiel Readiness’.

(3) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 4 of such title is amended--CommentsClose CommentsPermalink





(A) by striking the item relating to section 133a and inserting the following new item:CommentsClose CommentsPermalink





‘133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.’;CommentsClose CommentsPermalink





(B) by striking the items relating to sections 134a and 134b and inserting the following new item:CommentsClose CommentsPermalink





‘134a. Principal Deputy Under Secretary of Defense for Policy.’;CommentsClose CommentsPermalink





(C) by striking the item relating to section 136a and inserting the following new item:CommentsClose CommentsPermalink





‘136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness.’;CommentsClose CommentsPermalink





(D) by inserting after the item relating to section 137 the following new item:CommentsClose CommentsPermalink





‘137a. Deputy Under Secretaries of Defense.’; andCommentsClose CommentsPermalink





(E) by inserting after the item relating to section 138 the following new item:CommentsClose CommentsPermalink





‘138a. Assistant Secretary of Defense for Logistics and Materiel Readiness.’.CommentsClose CommentsPermalink





(d) Executive Schedule Matters-CommentsClose CommentsPermalink





(1) LEVEL III- Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Under Secretary of Defense for Acquisition and Technology and inserting the following new item:CommentsClose CommentsPermalink





‘Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.’.CommentsClose CommentsPermalink





(2) LEVEL IV- Section 5315 of such title is amended--CommentsClose CommentsPermalink





(A) by striking the item relating to the Assistant Secretaries of Defense and inserting the following new item:CommentsClose CommentsPermalink





‘Assistant Secretaries of Defense (16).’; andCommentsClose CommentsPermalink





(B) by striking the items relating to the Deputy Under Secretary of Defense for Policy, the Deputy Under Secretary of Defense for Personnel and Readiness, and the Deputy Under Secretary of Defense for Logistics and Materiel Readiness and inserting the following new items:CommentsClose CommentsPermalink





‘Principal Deputy Under Secretary of Defense for Policy.CommentsClose CommentsPermalink





‘Principal Deputy Under Secretary of Defense for Personnel and Readiness.CommentsClose CommentsPermalink





‘Principal Deputy Under Secretary of Defense (Comptroller).CommentsClose CommentsPermalink





‘Principal Deputy Under Secretary of Defense for Intelligence.’.CommentsClose CommentsPermalink

SEC. 902. REPEAL OF CERTAIN LIMITATIONS ON PERSONNEL AND CONSOLIDATION OF REPORTS ON MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES.

(a) Repeal of Certain Limitations on Personnel Assigned to Major Headquarters Activities-CommentsClose CommentsPermalink





(1) REPEALS- The following provisions of law are repealed:CommentsClose CommentsPermalink





(A) Section 143 of title 10, United States Code.CommentsClose CommentsPermalink





(B) Section 194 of such title.CommentsClose CommentsPermalink





(C) Sections 3014(f), 5014(f), and 8014(f) of such title.CommentsClose CommentsPermalink





(D) Section 601 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (10 U.S.C. 194 note).CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENTS-CommentsClose CommentsPermalink





(A) The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 143.CommentsClose CommentsPermalink





(B) The table of sections at the beginning of subchapter I of chapter 8 of such title is amended by striking the item relating to section 194.CommentsClose CommentsPermalink





(b) Consolidated Annual Report-CommentsClose CommentsPermalink





(1) INCLUSION IN ANNUAL DEFENSE MAPOWER REQUIREMENTS REPORT- Section 115a of such title is amended by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink





‘(f) The Secretary shall also include in each such report the following information with respect to personnel assigned to or supporting major Department of Defense headquarters activities:CommentsClose CommentsPermalink





‘(1) The military end strength and civilian full-time equivalents assigned to major Department of Defense headquarters activities for the preceding fiscal year and estimates of such numbers for the current fiscal year and the budget fiscal year.CommentsClose CommentsPermalink





‘(2) A summary of the replacement during the preceding fiscal year of contract workyears providing support to major Department of Defense headquarters activities with military end strength or civilian full-time equivalents, including an estimate of the number associated with the replacement of contracts performing inherently governmental or exempt functions.CommentsClose CommentsPermalink





‘(3) The plan for the continued review of contract personnel supporting major Department of Defense headquarters activities for possible conversion to military or civilian performance in accordance with section 2463 of this title.’.CommentsClose CommentsPermalink





(2) TECHNICAL AMENDMENTS TO REFLECT NAME OF REPORT-CommentsClose CommentsPermalink





(A) Subsection (a) of such section is amended by inserting ‘defense’ before ‘manpower requirements report’.CommentsClose CommentsPermalink





(B)(i) The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 115a. Annual defense manpower requirements report’.

(ii) The item relating to such section in the table of sections at the beginning of chapter 2 of such title is amended to read as follows:CommentsClose CommentsPermalink





‘1115a. Annual defense manpower requirements report.’.CommentsClose CommentsPermalink





(3) CONFORMING REPEALS- The following provisions of law are repealed:CommentsClose CommentsPermalink





(A) Subsections (b) and (c) of section 901 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 272).CommentsClose CommentsPermalink





(B) Section 1111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4619).CommentsClose CommentsPermalink

SEC. 903. SENSE OF SENATE ON THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

(a) Findings- The Senate makes the following findings:CommentsClose CommentsPermalink





(1) The Western Hemisphere Institute for Security Cooperation was established by section 911 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-226).CommentsClose CommentsPermalink





(2) The Western Hemisphere Institute for Security Cooperation provides professional education and training to military personnel, law enforcement officials, and civilian personnel in support of the democratic principles set forth in the Charter of the Organization of American States. The Institute effectively promotes mutual knowledge, transparency, confidence, and cooperation among participating nations. It also effectively builds strategic partnerships to address the great security challenges in the region while encouraging democratic values, respect for human rights, subordination to civilian authority, and understanding of United States customs and traditions.CommentsClose CommentsPermalink





(3) The Western Hemisphere Institute for Security Cooperation supports the Security Cooperation Guidance of the Secretary of Defense by addressing the building partner capacity education and training needs of the United States Southern Command and the United States Northern Command.CommentsClose CommentsPermalink





(4) In a joint letter, dated April 9, 2009, General Renuart, the Commander of the United States Northern Command, and Admiral Stavridis, the Commander of the United States Southern Command, write ‘[t]he outstanding service that WHINSEC provides directly supports the United States Southern Command’s and United States Northern Command’s strategic objective of fostering lasting partnerships that will ensure security, enhance stability, and enable prosperity throughout the Americas’ and notes that the Institute provides ‘culturally-sensitive training, with a strong emphasis on the values of democracy and human rights’.CommentsClose CommentsPermalink





(5) In establishing the Western Hemisphere Institute for Security Cooperation, Congress mandates that participants at the Institute receive a minimum of 8 hours of instruction on human rights, due process, the rule of law, the role of the Armed Forces in a democratic society, and civilian control of the military. Every course devotes at least 10 percent of its course work to democracy, ethics, and human rights issues. The Institute is also required to develop a curriculum that includes leadership development, counterdrug operations, peacekeeping, resource management, and disaster relief planning. In fiscal year 2008, the Institute presented 39 courses and hosted 1,196 students in residence at Fort Benning, Georgia, of whom 292 were police personnel, and trained an additional 280 students through the Mobile Training Team programs of the Institute.CommentsClose CommentsPermalink





(6) Congress mandated the formation of a Federal advisory committee--an oversight committee unique to the Western Hemisphere Institute for Security Cooperation. It provides recommendations and an independent review of the Institute and its curriculum to ensure the uniform adherence of the Institute to United States law, regulations, and policies. The Board of Visitors of the Institute includes the Chairman and Ranking Member of the Committee on Armed Services of the Senate, the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives, the Secretary of State, the Commander of the United States Southern Command, the Commander of the United States Northern Command, the Commander of the United States Training and Doctrine Command, and six members designated by the Secretary of Defense. The six members designated by the Secretary of Defense include, to the extent practicable, individuals from academia and the religious and human rights communities. In addition to the 13 members of the Board of Visitors, advisors and subject matter experts assist the Board in areas the Board considers necessary and appropriate.CommentsClose CommentsPermalink





(7) The Western Hemisphere Institute for Security Cooperation operates in accordance with section 8130 of the Department of Defense Appropriations Act, 1999 (Public Law 105-262; 112 Stat. 2335) that prohibits United States military assistance to foreign military units that violate human rights, including security assistance programs funded through appropriations available for foreign operations and training programs funded through appropriations made available for the Department of Defense.CommentsClose CommentsPermalink





(8) The Western Hemisphere Institute for Security Cooperation does not select students for participation in its courses. A partner nation nominates students to attend the Institute, and in accordance with the law of the United States and the policies of the Department of Defense and the Department of State, the United States Embassy in such partner nation screens and conducts background checks on such nominees. The vetting process of nominees for participation in the Institute includes a background check by United States embassies in partner nations, as well as checks by the Bureau of Western Hemisphere Affairs and the Bureau of Democracy, Human Rights, and Labor at the Department of State. The Department of State also uses the Abuse Case Evaluation System, a central database that aggregates human rights abuse data into a single, searchable location, to ensure nominees have not been accused of any human rights abuses.CommentsClose CommentsPermalink





(9) The training provided by the Western Hemisphere Institute for Security Cooperation is transparent and the Institute is open to visitors at any time. Visitors are welcome to sit in on classes, talk with students and faculty, and review instructional materials. Every year, the Institute hosts more than a thousand visiting students, faculty, civilian, and military officials.CommentsClose CommentsPermalink





(b) Sense of Senate- It is the sense of the Senate that--CommentsClose CommentsPermalink





(1) the Western Hemisphere Institute for Security Cooperation--CommentsClose CommentsPermalink





(A) offers quality professional military bilingual instruction for military officers and noncommissioned officers that promotes democracy, subordination to civilian authority, and respect for human rights; andCommentsClose CommentsPermalink





(B) is uniquely positioned to support the modernization of Latin America security forces as they work to transcend their own controversial pasts;CommentsClose CommentsPermalink





(2) the Western Hemisphere Institute for Security Cooperation is building partner capacity which enhances regional and global security while encouraging respect for human rights and promoting democratic principles among eligible military personnel, law enforcement officials, and civilians of nations of the Western Hemisphere;CommentsClose CommentsPermalink





(3) the Western Hemisphere Institute for Security Cooperation is an invaluable education and training facility whose curriculum is not duplicated in any of the military departments and is not replaceable by professional military education funded by appropriations for International Military Education and Training (IMET), which education is not conducted in Spanish and does not concentrate on regional challenges; andCommentsClose CommentsPermalink





(4) the Western Hemisphere Institute for Security Cooperation is an essential tool to educate future generations of Latin American leaders and improve United States relationships with partner nations that are working with the United States to promote democracy, prosperity, and stability in the Western Hemisphere.CommentsClose CommentsPermalink

Subtitle B--Space MattersCommentsClose CommentsPermalink

SEC. 911. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND INFORMATION TO NON-UNITED STATES GOVERNMENT ENTITIES.

(a) In General- Section 2274 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 2274. Space situational awareness services and information: provision to non-United States Government entities

‘(a) Authority- The Secretary of Defense may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities in accordance with this section. Any such action may be taken only if the Secretary determines that such action is consistent with the national security interests of the United States.CommentsClose CommentsPermalink





‘(b) Eligible Entities- The Secretary may provide services and information under subsection (a) to, and may obtain data and information under subsection (a) from, any non-United States Government entity, including any of the following:CommentsClose CommentsPermalink





‘(1) A State.CommentsClose CommentsPermalink





‘(2) A political subdivision of a State.CommentsClose CommentsPermalink





‘(3) A United States commercial entity.CommentsClose CommentsPermalink





‘(4) The government of a foreign country.CommentsClose CommentsPermalink





‘(5) A foreign commercial entity.CommentsClose CommentsPermalink





‘(c) Agreement- The Secretary may not provide space situational awareness services and information under subsection (a) to a non-United States Government entity unless that entity enters into an agreement with the Secretary under which the entity--CommentsClose CommentsPermalink





‘(1) agrees to pay an amount that may be charged by the Secretary under subsection (d);CommentsClose CommentsPermalink





‘(2) agrees not to transfer any data or technical information received under the agreement, including the analysis of data, to any other entity without the express approval of the Secretary; andCommentsClose CommentsPermalink





‘(3) agrees to any other terms and conditions considered necessary by the Secretary.CommentsClose CommentsPermalink





‘(d) Charges- (1) As a condition of an agreement under subsection (c), the Secretary may (except as provided in paragraph (2)) require the non-United States Government entity entering into the agreement to pay to the Department of Defense such amounts as the Secretary determines appropriate to reimburse the Department for the costs to the Department of providing space situational awareness services or information under the agreement.CommentsClose CommentsPermalink





‘(2) The Secretary may not require the government of a State, or of a political subdivision of a State, to pay any amount under paragraph (1).CommentsClose CommentsPermalink





‘(e) Crediting of Funds Received- (1) Funds received for the provision of space situational awareness services or information pursuant to an agreement under this section shall be credited, at the election of the Secretary, to the following:CommentsClose CommentsPermalink





‘(A) The appropriation, fund, or account used in incurring the obligation.CommentsClose CommentsPermalink





‘(B) An appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.CommentsClose CommentsPermalink





‘(2) Funds credited under paragraph (1) shall be merged with, and remain available for obligation with, the funds in the appropriation, fund, or account to which credited.CommentsClose CommentsPermalink





‘(f) Procedures- The Secretary shall establish procedures by which the authority under this section shall be carried out. As part of those procedures, the Secretary may allow space situational awareness services or information to be provided through a contractor of the Department of Defense.CommentsClose CommentsPermalink





‘(g) Nondisclosure- Any information received under subsection (a), records of agreements entered into under subsection (c), and analyses or data provided as a part of the provision of services or information under this section shall be exempt from disclosure under section 552(b)(3) of title 5.CommentsClose CommentsPermalink





‘(h) Immunity- The United States, any agencies and instrumentalities thereof, and any individuals, firms, corporations, and other persons acting for the United States, shall be immune from any suit in any court for any cause of action arising from the provision or receipt of space situational awareness services or information, whether or not provided in accordance with this section, or any related action or omission.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 135 of such title is amended by striking the item relating to section 2274 and inserting the following new item:CommentsClose CommentsPermalink





‘2274. Space situational awareness services and information: provision to non-United States Government entities.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on October 1, 2009, or the date of the enactment of this Act, whichever is later.CommentsClose CommentsPermalink

SEC. 912. PLAN FOR MANAGEMENT AND FUNDING OF NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM.

(a) In General- The Secretary of Defense, the Secretary of Commerce, and the Administrator of the National Aeronautics and Space Administration shall jointly develop a plan for the management and funding of the National Polar-Orbiting Operational Environmental Satellite System Program (in this section referred to as the ‘Program’) by the Department of Defense, the Department of Commerce, and the National Aeronautics and Space Administration.CommentsClose CommentsPermalink





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





(1) Requirements for the Program.CommentsClose CommentsPermalink





(2) The management structure of the Program.CommentsClose CommentsPermalink





(3) A funding profile for the Program for each year of the Program for the Department of Defense, the Department of Commerce, and the National Aeronautics and Space Administration.CommentsClose CommentsPermalink





(c) Limitation on Use of Funds- Of the amounts authorized to be appropriated for fiscal year 2010 by section 201(a)(3) for research, development, test, and evaluation for the Air Force and available for the Program, not more than 50 percent of such amounts may be obligated or expended before the date on which the plan developed under subsection (a) is submitted to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink





(d) Sense of Senate- It is the sense of the Senate that--CommentsClose CommentsPermalink





(1) the National Polar-Orbiting Operational Environmental Satellite System Program, including the sensors, satellites, and orbits included in the Program, should be maintained;CommentsClose CommentsPermalink





(2) the National Polar-Orbiting Operational Environmental Satellite System preparatory project should be managed and treated as an operational satellite;CommentsClose CommentsPermalink





(3) the responsibility of Department of Defense milestone decision authority for the Program should be delegated to the Department of Defense Executive Agent for Space, and the Department of Defense Executive Agent for Space should become the member of the Tri-Agency Executive Committee from the Department of Defense;CommentsClose CommentsPermalink





(4) the Program Executive Office of the Program should report directly to and take direction exclusively from the Tri-Agency Executive Committee;CommentsClose CommentsPermalink





(5) the acquisition procedures of the Department of Defense should continue to be used in the Program;CommentsClose CommentsPermalink





(6) the Administrator of the National Aeronautics and Space Administration and the Secretary of the Air Force should make support from the Goddard Space Flight Center and the Space and Missile Systems Center, respectively, available for the Program, as needed;CommentsClose CommentsPermalink





(7) the budget for the Program should not be less than the estimate of the Cost Analysis Improvement Group of the Department of Defense for the Program;CommentsClose CommentsPermalink





(8) the Program should continue to be managed by a single program manager;CommentsClose CommentsPermalink





(9) the Program should be managed as a long-term operational program; andCommentsClose CommentsPermalink





(10) once all requirements for the Program are fully agreed to by the Secretary of Defense, the Secretary of Commerce, and the Administrator of the National Aeronautics and Space Administration, the Program should be executed with no modifications to those requirements that would increase the cost, or extend the schedule, of the Program.CommentsClose CommentsPermalink

Subtitle C--Intelligence MattersCommentsClose CommentsPermalink

SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN AUTHORITY TO USE PROCEEDS FROM COUNTERINTELLIGENCE OPERATIONS.

(a) In General- Section 423 of title 10, United States Code, is amended by inserting ‘and the Defense Intelligence Agency’ after ‘the military departments’ each place it appears in subsections (a) and (c).CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) HEADING AMENDMENT- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 423. Authority to use proceeds from counterintelligence operations of the military departments and the Defense Intelligence Agency’.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 21 of such title is amended by striking the item relating to section 423 and inserting the following new item:CommentsClose CommentsPermalink





‘423. Authority to use proceeds from counterintelligence operations of the military departments and the Defense Intelligence Agency.’.CommentsClose CommentsPermalink

Subtitle D--Other MattersCommentsClose CommentsPermalink

SEC. 931. UNITED STATES MILITARY CANCER INSTITUTE.

(a) Establishment- Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 2118. United States Military Cancer Institute

‘(a) Establishment- The Secretary of Defense shall establish in the University the United States Military Cancer Institute. The Institute shall be established pursuant to regulations prescribed by the Secretary.CommentsClose CommentsPermalink





‘(b) Purposes- The purposes of the Institute are as follows:CommentsClose CommentsPermalink





‘(1) To establish and maintain a clearinghouse of data on the incidence and prevalence of cancer among members and former members of the armed forces.CommentsClose CommentsPermalink





‘(2) To conduct research that contributes to the detection or treatment of cancer among the members and former members of the armed forces.CommentsClose CommentsPermalink





‘(c) Head of Institute- The Director of the United States Military Cancer Institute is the head of the Institute. The Director shall report to the President of the University regarding matters relating to the Institute.CommentsClose CommentsPermalink





‘(d) Elements- (1) The Institute is composed of clinical and basic scientists in the Department of Defense who have an expertise in research, patient care, and education relating to oncology and who meet applicable criteria for affiliation with the Institute.CommentsClose CommentsPermalink





‘(2) The components of the Institute include military treatment and research facilities that meet applicable criteria and are designated as affiliates of the Institute.CommentsClose CommentsPermalink





‘(e) Research- (1) The Director of the United States Military Cancer Institute shall carry out research studies on the following:CommentsClose CommentsPermalink





‘(A) The epidemiological features of cancer, including assessments of the carcinogenic effect of genetic and environmental factors, and of disparities in health, inherent or common among populations of various ethnic origins within the members of the armed forces.CommentsClose CommentsPermalink





‘(B) The prevention and early detection of cancer among members and former members of the armed forces.CommentsClose CommentsPermalink





‘(C) Basic, translational, and clinical investigation matters relating to the matters described in subparagraphs (A) and (B).CommentsClose CommentsPermalink





‘(2) The research studies under paragraph (1) shall include complementary research on oncologic nursing.CommentsClose CommentsPermalink





‘(f) Collaborative Research- The Director of the United States Military Cancer Institute shall carry out the research studies under subsection (e) in collaboration with other cancer research organizations and entities selected by the Institute for purposes of the research studies.CommentsClose CommentsPermalink





‘(g) Annual Report- (1) Not later than November 1 each year, the Director of the United States Military Cancer Institute shall submit to the President of the University a report on the current status of the research studies being carried out by the Institute under subsection (e).CommentsClose CommentsPermalink





‘(2) Not later than 60 days after receiving a report under paragraph (1), the President of the University shall transmit such report to the Secretary of Defense and to Congress.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 104 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘2118. United States Military Cancer Institute.’.CommentsClose CommentsPermalink

SEC. 932. INSTRUCTION OF PRIVATE SECTOR EMPLOYEES IN CYBER SECURITY COURSES OF THE DEFENSE CYBER INVESTIGATIONS TRAINING ACADEMY.

(a) Authority To Receive Instruction-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense may permit eligible private sector employees to enroll in and receive instruction at the Defense Cyber Investigations Training Academy operated under the direction of the Defense Cyber Crime Center.CommentsClose CommentsPermalink





(2) LIMITATION- Not more than the equivalent of 200 full-time student positions at the Defense Cyber Investigations Training Academy may be filled at any one time by private sector employees enrolled under this section.CommentsClose CommentsPermalink





(3) CERTIFICATION- Upon successful completion of a course of instruction at the Defense Cyber Investigations Training Academy under this section, a private sector employee may be awarded an appropriate certification or diploma.CommentsClose CommentsPermalink





(b) Eligible Private Sector Employees-CommentsClose CommentsPermalink





(1) IN GENERAL- For purposes of this section, an eligible private sector employee is an individual employed by a private entity, as determined by the Secretary--CommentsClose CommentsPermalink





(A) that is engaged in providing to the Department of Defense or other departments or agencies of the Federal Government significant and substantial defense-related systems, products, or services; orCommentsClose CommentsPermalink





(B) whose work product is relevant to national security policy or strategy.CommentsClose CommentsPermalink





(2) DURATION OF TREATMENT- An individual is eligible for treatment as a private sector employee for purposes of this section only so long as the individual remains employed by a private entity described in paragraph (1).CommentsClose CommentsPermalink





(c) Curricula Open to Enrollees- The curricula of instruction for which eligible private sector employees may enroll at the Defense Cyber Investigations Training Academy under this section may only include curricula of instruction otherwise offered by the Academy that, as determined by the Secretary, are not readily available through other educational institutions.CommentsClose CommentsPermalink





(d) Tuition- A private sector employee enrolled at the Defense Cyber Investigations Training Academy under this section shall be charged tuition at a rate equal to the rate charged for civilian employees of the Federal Government at the Academy.CommentsClose CommentsPermalink





(e) Standards of Conduct- While receiving instruction at the Defense Cyber Investigations Training Academy under this section, private sector employees enrolled at the Academy under this section shall, to the extent practicable, be subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to civilian employees of the Federal Government receiving instruction at the Academy.CommentsClose CommentsPermalink





(f) Use of Funds- Notwithstanding section 3302 of title 31, United States Code, or any other provision of law, amounts received by the Defense Cyber Investigations Training Academy for the instruction of private sector employees enrolled under this section shall be retained by the Academy to defray the costs of such instruction. The source and disposition of funds so retained and utilized shall be specifically identified in records of the Academy.CommentsClose CommentsPermalink

TITLE X--GENERAL PROVISIONSCommentsClose CommentsPermalink

Subtitle A--Financial MattersCommentsClose CommentsPermalink

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority to Transfer Authorizations-CommentsClose CommentsPermalink





(1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2010 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.CommentsClose CommentsPermalink





(2) LIMITATION- Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,000,000,000.CommentsClose CommentsPermalink





(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS- A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).CommentsClose CommentsPermalink





(b) Limitations- The authority provided by this section to transfer authorizations--CommentsClose CommentsPermalink





(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; andCommentsClose CommentsPermalink





(2) may not be used to provide authority for an item that has been denied authorization by Congress.CommentsClose CommentsPermalink





(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink





(d) Notice to Congress- The Secretary shall promptly notify Congress of each transfer made under subsection (a)CommentsClose CommentsPermalink

SEC. 1002. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE DEPARTMENT OF DEFENSE.

(a) Audit Readiness Objectives- It shall be the objective of the Department of Defense to ensure that--CommentsClose CommentsPermalink





(1) the financial statements of the Department of the Army are validated as ready for audit by not later than March 31, 2017;CommentsClose CommentsPermalink





(2) the financial statements of the Department of the Navy are validated as ready for audit by not later than March 31, 2016;CommentsClose CommentsPermalink





(3) the financial statements of the Department of the Air Force are validated as ready for audit by not later than September 30, 2016;CommentsClose CommentsPermalink





(4) the financial statements of the Defense Logistics Agency are validated as ready for audit by not later than September 30, 2017; andCommentsClose CommentsPermalink





(5) the financial statements of the Department of Defense are validated as ready for audit by not later than September 30, 2017.CommentsClose CommentsPermalink





(b) Adjustment of Deadline for Objectives-CommentsClose CommentsPermalink





(1) IN GENERAL- In the event that the appropriate chief management officer determines that the Department of Defense, a military department, or the Defense Logistics Agency will be unable to meet the deadline for an objective as specified in subsection (a), the chief management officer may adjust the deadline for meeting such objective.CommentsClose CommentsPermalink





(2) REPORT- Not later than 30 days after adjusting the deadline for an objective pursuant to paragraph (1), the chief management officer concerned shall submit to the congressional defense committees a report setting forth--CommentsClose CommentsPermalink





(A) a statement of the reasons why the Department of Defense, the military department, or the Defense Logistics Agency, as applicable, will be unable to meet the deadline for such objective;CommentsClose CommentsPermalink





(B) a proposed completion date for the achievement of compliance with such objective; andCommentsClose CommentsPermalink





(C) a description of the actions that have been taken and are planned to be taken by the Department of Defense, the military department, or the Defense Logistics Agency, as applicable, to meet such objective.CommentsClose CommentsPermalink





(3) APPROPRIATE CHIEF MANAGEMENT OFFICER- For the purposes of this subsection, the appropriate chief management officer is as follows:CommentsClose CommentsPermalink





(A) For the objective in subsection (a)(1), the Chief Management Officer of the Army.CommentsClose CommentsPermalink





(B) For the objective in subsection (a)(2), the Chief Management Officer of the Navy.CommentsClose CommentsPermalink





(C) For the objective in subsection (a)(3), the Chief Management Officer of the Air Force.CommentsClose CommentsPermalink





(D) For the objective in subsection (a)(4), the Deputy Chief Management Officer of the Department of Defense.CommentsClose CommentsPermalink





(E) For the objective in subsection (a)(5), the Chief Management Officer of the Department of Defense.CommentsClose CommentsPermalink





(c) Financial Improvement Audit Readiness Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- The Chief Management Officer of the Department of Defense shall, in consultation with the Under Secretary of Defense (Comptroller), develop and maintain a plan to be known as the ‘Financial Improvement and Audit Readiness Plan’.CommentsClose CommentsPermalink





(2) ELEMENTS- The plan required by paragraph (1) shall--CommentsClose CommentsPermalink





(A) describe specific actions to be taken to--CommentsClose CommentsPermalink





(i) correct financial management deficiencies that impair the ability of the Department of Defense to prepare timely, reliable, and complete financial management information; andCommentsClose CommentsPermalink





(ii) meet the objectives specified in subsection (a); andCommentsClose CommentsPermalink





(B) systematically tie the actions described under subparagraph (A) to process and control improvements and business systems modernization efforts described in the business enterprise architecture and transition plan required by section 2222 of title 10, United States Code.CommentsClose CommentsPermalink





(d) Semi-aAnnual Reports on Financial Improvement and Audit Readiness Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than May 15 and November 15 each year, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report on the status of the implementation by the Department of Defense of the Financial Improvement and Audit Readiness Plan required by subsection (c).CommentsClose CommentsPermalink





(2) ELEMENTS- Each report under paragraph (1) shall include, at a minimum--CommentsClose CommentsPermalink





(A) an overview of the steps the Department has taken or plans to take to meet the objectives specified in subsection (a), including any interim objectives established by the Department for that purpose; andCommentsClose CommentsPermalink





(B) a description of any impediments identified in the efforts of the Department to meet such objectives, and of the actions the Department has taken or plans to take to address such impediments.CommentsClose CommentsPermalink





(3) ADDITIONAL ISSUES TO BE ADDRESSED IN FIRST REPORT- The first report submitted under paragraph (1) after the date of the enactment of this Act shall address, in addition to the elements required by paragraph (2), the actions taken or to be taken by the Department as follows:CommentsClose CommentsPermalink





(A) To develop standardized guidance for financial improvement plans by components of the Department.CommentsClose CommentsPermalink





(B) To establish a baseline of financial management capabilities and weaknesses at the component level of the Department.CommentsClose CommentsPermalink





(C) To provide results-oriented metrics for measuring and reporting quantifiable results toward addressing financial management deficiencies.CommentsClose CommentsPermalink





(D) To define the oversight roles of the Chief Management Officer of the Department of Defense, the chief management officers of the military departments, and other appropriate elements of the Department to ensure that the requirements of the Financial Improvement and Audit Readiness Plan are carried out.CommentsClose CommentsPermalink





(E) To assign accountability for carrying out specific elements of the Financial Improvement and Audit Readiness Plan to appropriate officials and organizations at the component level of the Department.CommentsClose CommentsPermalink





(F) To develop mechanisms to track budgets and expenditures for the implementation of the requirements of the Financial Improvement and Audit Readiness Plan.CommentsClose CommentsPermalink





(e) Relationship to Existing Law- The requirements of this section shall be implemented in a manner that is consistent with the requirements of section 1008 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C. 2222 note).CommentsClose CommentsPermalink

Subtitle B--Naval Vessels and ShipyardsCommentsClose CommentsPermalink

SEC. 1011. TEMPORARY REDUCTION IN MINIMUM NUMBER OF AIRCRAFT CARRIERS IN ACTIVE SERVICE.

Notwithstanding section 5062(b) of title 10, United States Code, during the period beginning on the date of the decommissioning of the U.S.S. Enterprise (CVN 65) and ending on the date of the commissioning into active service of the U.S.S. Gerald R. Ford (CVN 78), the number of operational aircraft carriers in the naval combat forces of the Navy may be 10.CommentsClose CommentsPermalink

SEC. 1012. REPEAL OF POLICY RELATING TO THE MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF THE UNITED STATES NAVY.

Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 303) is repealed.CommentsClose CommentsPermalink

SEC. 1013. SENSE OF SENATE ON THE MAINTENANCE OF A 313-SHIP NAVY.

(a) Findings- The Senate makes the following findings:CommentsClose CommentsPermalink





(1) The Department of the Navy has a stated requirement for a 313-ship fleet.CommentsClose CommentsPermalink





(2) The Navy can better meet this requirement--CommentsClose CommentsPermalink





(A) by procuring sufficient numbers of new ships; andCommentsClose CommentsPermalink





(B) by ensuring the sound material condition of existing ships that will enable the Navy to utilize them for their full planned service lives.CommentsClose CommentsPermalink





(3) When procuring new classes of ships, the Navy must exercise greater caution than it has exhibited to date in proceeding from one stage of the acquisition cycle to the next before a ship program has achieved a level of maturity that significantly lowers the risk of cost growth and schedule slippage.CommentsClose CommentsPermalink





(4) In retaining existing assets, the Navy can do a much better job of achieving the full planned service lives of ships and extending the service lives of certain ships so as to keep their unique capabilities in the fleet while the Navy takes the time necessary to develop and field next-generation capabilities under a low risk program.CommentsClose CommentsPermalink





(5) The Navy can undertake certain development approaches that can help the Navy control the total costs of ownership of a ship or class of ships, including emphasizing common hull designs, open architecture combat systems, and other common ship systems in order to achieve efficiency in acquiring and supporting various classes of ships.CommentsClose CommentsPermalink





(6) The Navy needs to continue its efforts toward achieving an open architecture for existing combat systems, as this will have great benefit in reducing the costs and risks of fielding new classes of ships, and will yield recurring savings from reducing the costs of buying later ships in a program and reducing life cycle support costs for ships and classes of ships.CommentsClose CommentsPermalink





(7) The Navy can also undertake other measures to acquire new ships and maintain the current fleet with greater efficiency, including--CommentsClose CommentsPermalink





(A) greater use of fixed-price contracts;CommentsClose CommentsPermalink





(B) maximizing competition (or the option of competition) throughout the life cycle of its ships;CommentsClose CommentsPermalink





(C) entering into multiyear contracts when warranted; andCommentsClose CommentsPermalink





(D) employing an incremental approach to developing new technologies.CommentsClose CommentsPermalink





(b) Sense of Senate- It is the sense of the Senate that--CommentsClose CommentsPermalink





(1) the Navy should meet its requirement for a 313-ship fleet;CommentsClose CommentsPermalink





(2) the Navy should take greater care to achieve the full planned service life of existing ships and reduce the incidence of early ship decommissioning;CommentsClose CommentsPermalink





(3) the Navy should exercise greater restraint on the acquisition process for ships in order to achieve on-time, on-cost shipbuilding programs; andCommentsClose CommentsPermalink





(4) Congress should support the Navy when it is acting responsibly to undertake measures that can help the Navy achieve the requirement for a 313-ship fleet and maintain a fleet that is adequate to meet the national security needs of the United States.CommentsClose CommentsPermalink

SEC. 1014. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA’S SHIP OF STATE.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The 3rd Congress authorized, in the Act entitled ‘An Act to Provide a Naval Armament’, approved on March 27, 1794 (1 Stat. 350, Chap. XII), the construction of six frigates as the first ships to be built for the United States Navy.CommentsClose CommentsPermalink





(2) One of the six frigates was built in Boston between 1794 and 1797, and is the only one of the original six ships to survive.CommentsClose CommentsPermalink





(3) President George Washington named this frigate ‘Constitution’ to represent the Nation’s founding document.CommentsClose CommentsPermalink





(4) President Thomas Jefferson, asserting the right of the United States to trade on the high seas, dispatched the frigate Constitution in 1803 as the flagship of the Mediterranean Squadron to end the depredations of the Barbary States against United States ships and shipping, which led to a treaty being signed with the Bashaw of Tripoli in the Captain’s cabin aboard the frigate Constitution on June 4, 1805.CommentsClose CommentsPermalink





(5) The frigate Constitution, with her defeat of HMS Guerriere, secured the first major victory by the young United States Navy against the Royal Navy during the War of 1812, gaining in the process the nickname ‘Old Ironsides’, which she has proudly carried since.CommentsClose CommentsPermalink





(6) Congress awarded gold medals to four of the ship’s commanding officers (Preble, Hull, Stewart, and Bainbridge), a record unmatched by any other United States Navy vessel.CommentsClose CommentsPermalink





(7) The frigate Constitution emerged from the War of 1812 undefeated, having secured victories over three additional ships of the Royal Navy.CommentsClose CommentsPermalink





(8) As early as May 1815, the frigate Constitution had already been adopted as a symbol of the young Republic, as attested by the [Washington] National Intelligencer which proclaimed, ‘Let us keep ‘Old Ironsides’ at home. She has, literally become the Nation’s Ship . . . and should thus be preserved . . . in honorable pomp, as a glorious Monument of her own, and our other Naval Victories.’.CommentsClose CommentsPermalink





(9) Rumors in 1830 that ‘Old Ironsides,’ an aging frigate, was about to be scrapped resulted in a public uproar demanding that the ship be restored and preserved, spurred by Oliver Wendell Holmes’ immortal poem ‘Old Ironsides’.CommentsClose CommentsPermalink





(10) ‘Old Ironsides’ circumnavigated the world between 1844 and 1846, showing the American flag as she searched for future coaling stations that would eventually fuel the steam-powered navy of the United States.CommentsClose CommentsPermalink





(11) The first Pope to set foot on United States sovereign territory was Pius IX onboard the frigate Constitution in 1849.CommentsClose CommentsPermalink





(12) ‘Old Ironsides’ helped evacuate the United States Naval Academy from Annapolis, Maryland, to Newport, Rhode Island, in 1860 to prevent this esteemed ship from falling into Confederate hands.CommentsClose CommentsPermalink





(13) Congressman John F. ‘Honey Fitz’ Fitzgerald introduced legislation in 1896 to return ‘Old Ironsides’ from the Portsmouth (New Hampshire) Naval Shipyard, where she was moored pier side and largely forgotten, to Boston for her 100th birthday.CommentsClose CommentsPermalink





(14) Thousands of school children contributed pennies between 1925 an 1927 to help fund a much needed restoration for ‘Old Ironsides’.CommentsClose CommentsPermalink





(15) Between 1931 and 1934, more than 4,500,000 Americans gained inspiration, at the depth of the Great Depression, by going aboard ‘Old Ironsides’ as she was towed to 76 ports on the Atlantic, Gulf, and Pacific coasts.CommentsClose CommentsPermalink





(16) The 83rd Congress enacted the Act of July 23, 1954 (68 Stat. 527, chapter 565), which directed the Secretary of the Navy to transfer to the States and appropriate commissions four other historic ships then on the Navy inventory, and to repair and equip U.S.S. Constitution, as much as practicable, to her original condition, but not for active service.CommentsClose CommentsPermalink





(17) Queen Elizabeth II paid a formal visit to U.S.S. Constitution in 1976, at the start of her state visit marking the Bicentennial of the United States.CommentsClose CommentsPermalink





(18) The U.S.S. Constitution, in celebration of her bicentennial, returned to sea under sail on July 21, 1997 for the first time since 1881, proudly setting sails purchased by the contributions of thousands of pennies given by school children across the United States.CommentsClose CommentsPermalink





(19) The U.S.S. Constitution is the oldest commissioned warship afloat in the world.CommentsClose CommentsPermalink





(20) The U.S.S. Constitution is a National Historic Landmark.CommentsClose CommentsPermalink





(21) The U.S.S. Constitution continues to perform official, ceremonial duties, including in recent years hosting a congressional dinner honoring the late Senator John Chafee of Rhode Island, a special salute for the dedication of the John Moakley Federal Courthouse, a luncheon honoring British Ambassador Sir David Manning, and a special underway demonstration during which 60 Medal of Honor recipients each received a personal Medal of Honor flag.CommentsClose CommentsPermalink





(22) The U.S.S. Constitution celebrated on October 21, 2007, the 210th anniversary of her launching.CommentsClose CommentsPermalink





(23) The U.S.S. Constitution will remain a commissioned ship in the United States Navy, with the Navy retaining control of the ship, its material condition, and its employment.CommentsClose CommentsPermalink





(24) The U.S.S. Constitution’s primary mission will remain education and public outreach, and any Ship of State functions will be an adjunct to the ship’s primary mission.CommentsClose CommentsPermalink





(b) Designation as America’s Ship of State-CommentsClose CommentsPermalink





(1) IN GENERAL- The U.S.S. Constitution is hereby designated as ‘America’s Ship of State’.CommentsClose CommentsPermalink





(2) REFERENCES- The U.S.S. Constitution may be known or referred to as ‘America’s Ship of State’.CommentsClose CommentsPermalink





(3) SENSE OF CONGRESS- It is the sense of Congress that the President, Vice President, executive branch officials, and members of Congress should utilize the U.S.S. Constitution for the conducting of pertinent matters of state, such as hosting visiting heads of state, signing legislation relating to the Armed Forces, and signing maritime related treaties.CommentsClose CommentsPermalink





(4) FEE OR REIMBURSEMENT STRUCTURE FOR NON-DEPARTMENT OF THE NAVY USE- The Secretary of the Navy shall determine an appropriate fee or reimbursement structure for any non-Department of the Navy entities using the U.S.S. Constitution for Ship of State purposes.CommentsClose CommentsPermalink

Subtitle C--Counter-Drug ActivitiesCommentsClose CommentsPermalink

SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.

(a) Extension of Authority- Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1593), section 1022 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2137), section 1022 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), and section 1024 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4587), is further amended by striking ‘2009’ and inserting ‘2010’.CommentsClose CommentsPermalink





(b) Maximum Annual Amount of Support- Subsection (e)(2) of such section is amended--CommentsClose CommentsPermalink





(1) by striking ‘or’ before ‘$75,000,000’; andCommentsClose CommentsPermalink





(2) by striking the period at the end and inserting ‘, or $100,000,000 during fiscal year 2010.’.CommentsClose CommentsPermalink





(c) Conditions on Provision of Support- Subsection (f)(2) of such section is amended in the matter preceding subparagraph (A) by striking ‘for fiscal year 2009 to carry out this section and the first fiscal year in which the support is to be provided’ and inserting ‘and available for support’.CommentsClose CommentsPermalink





(d) Counter-dDrug Plan- Subsection (h) of such section is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking ‘fiscal year 2009’ and inserting ‘for each fiscal year’; andCommentsClose CommentsPermalink





(2) in paragraph (7), by striking ‘fiscal year 2009, and thereafter, for the first fiscal year in which support is to be provided’ and inserting ‘each fiscal year in which support is to be provided a government’.CommentsClose CommentsPermalink

SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.

(a) One-yYear Extension- Subsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking ‘2009’ and inserting ‘2010’.CommentsClose CommentsPermalink





(b) Annual Report- Subsection (c) of such section is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Annual Report- Not later than December 31 of each year after 2008 in which the authority in subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees a report setting forth, for the one-year period ending on the date of such report, the following:CommentsClose CommentsPermalink





‘(1) An assessment of the effect on counter-drug and counter-terrorism activities and objectives of using counter-drug funds of a joint task force to provide counterterrorism support authorized by subsection (a).CommentsClose CommentsPermalink





‘(2) A description of the type of support and any recipient of support provided under subsection (a).CommentsClose CommentsPermalink





‘(3) A list of current joint task forces conducting counter-drug operations.’.CommentsClose CommentsPermalink

SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as amended by section 1023 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2382) and section 1023 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), is further amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1), by striking ‘2009’ and inserting ‘2010’; andCommentsClose CommentsPermalink





(2) in subsection (c), by striking ‘2009’ and inserting ‘2010’.CommentsClose CommentsPermalink

Subtitle D--Military CommissionsCommentsClose CommentsPermalink

SEC. 1031. MILITARY COMMISSIONS.

(a) In General- Chapter 47A of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘CHAPTER 47A--MILITARY COMMISSIONS

‘SUBCHAPTERCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

948a.CommentsClose CommentsPermalink

948h.CommentsClose CommentsPermalink

948q.CommentsClose CommentsPermalink

949a.CommentsClose CommentsPermalink

949s.CommentsClose CommentsPermalink

950a.CommentsClose CommentsPermalink

950p.CommentsClose CommentsPermalink

‘SUBCHAPTER I--GENERAL PROVISIONS

‘Sec.CommentsClose CommentsPermalink





‘948a. Definitions.CommentsClose CommentsPermalink





‘948b. Military commissions generally.CommentsClose CommentsPermalink





‘948c. Persons subject to military commissions.CommentsClose CommentsPermalink





‘948d. Jurisdiction of military commissions.CommentsClose CommentsPermalink

‘Sec. 948a. Definitions

‘In this chapter:CommentsClose CommentsPermalink





‘(1) ALIEN- The term ‘alien’ means an individual who is not a citizen of the United States.CommentsClose CommentsPermalink





‘(2) CLASSIFIED INFORMATION- The term ‘classified information’ means the following:CommentsClose CommentsPermalink





‘(A) Any information or material that has been determined by the United States Government pursuant to statute, Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security.CommentsClose CommentsPermalink





‘(B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).CommentsClose CommentsPermalink





‘(3) COALITION PARTNER- The term ‘coalition partner’, with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities.CommentsClose CommentsPermalink





‘(4) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR- The term ‘Geneva Convention Relative to the Treatment of Prisoners of War’ means the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).CommentsClose CommentsPermalink





‘(5) GENEVA CONVENTIONS- The term ‘Geneva Conventions’ means the international conventions signed at Geneva on August 12, 1949.CommentsClose CommentsPermalink





‘(6) PRIVILEGED BELLIGERENT- The term ‘privileged belligerent’ means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War.CommentsClose CommentsPermalink





‘(7) UNPRIVILEGED ENEMY BELLIGERENT- The term ‘unprivileged enemy belligerent’ means an individual (other than a privileged belligerent) who--CommentsClose CommentsPermalink





‘(A) has engaged in hostilities against the United States or its coalition partners;CommentsClose CommentsPermalink





or‘(B) has purposefully and materially supported hostilities against the United States or its coalition partners; orCommentsClose CommentsPermalink





‘(C) is a member of al Qaeda.CommentsClose CommentsPermalink





‘(8) NATIONAL SECURITY- The term ‘national security’ means the national defense and foreign relations of the United States.CommentsClose CommentsPermalink

‘Sec. 948b. Military commissions generally

‘(a) Purpose- This chapter establishes procedures governing the use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission.CommentsClose CommentsPermalink





‘(b) Authority for Military Commissions Under This Chapter- The President is authorized to establish military commissions under this chapter for offenses triable by military commission as provided in this chapter.CommentsClose CommentsPermalink





‘(c) Construction of Provisions- The procedures for military commissions set forth in this chapter are based upon the procedures for trial by general courts-martial under chapter 47 of this title (the Uniform Code of Military Justice). Chapter 47 of this title does not, by its terms, apply to trial by military commission except as specifically provided therein or in this chapter, and many of the provisions of chapter 47 of this title are by their terms inapplicable to military commissions. The judicial construction and application of chapter 47 of this title, while instructive, is therefore not of its own force binding on military commissions established under this chapter.CommentsClose CommentsPermalink





‘(d) Inapplicability of Certain Provisions- (1) The following provisions of this title shall not apply to trial by military commission under this chapter:CommentsClose CommentsPermalink





‘(A) Section 810 (article 10 of the Uniform Code of Military Justice), relating to speedy trial, including any rule of courts-martial relating to speedy trial.CommentsClose CommentsPermalink





‘(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination.CommentsClose CommentsPermalink





‘(C) Section 832 (article 32 of the Uniform Code of Military Justice), relating to pretrial investigation.CommentsClose CommentsPermalink





‘(2) Other provisions of chapter 47 of this title shall apply to trial by military commission under this chapter only to the extent provided by the terms of such provisions or by this chapter.CommentsClose CommentsPermalink





‘(e) Treatment of Rulings and Precedents- The findings, holdings, interpretations, and other precedents of military commissions under this chapter may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial convened under chapter 47 of this title. The findings, holdings, interpretations, and other precedents of military commissions under this chapter may not form the basis of any holding, decision, or other determination of a court-martial convened under that chapter.CommentsClose CommentsPermalink





‘(f) Geneva Conventions Not Establishing Private Right of Action- No alien unprivileged enemy belligerent subject to trial by military commission under this chapter may invoke the Geneva Conventions as a basis for a private right of action.CommentsClose CommentsPermalink

‘Sec. 948c. Persons subject to military commissions

‘Any alien unprivileged enemy belligerent having engaged in hostilities or having supported hostilities against the United States is subject to trial by military commission as set forth in this chapter.CommentsClose CommentsPermalink

‘Sec. 948d. Jurisdiction of military commissions

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

‘SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS

‘Sec.CommentsClose CommentsPermalink





‘948h. Who may convene military commissions.CommentsClose CommentsPermalink





‘948i. Who may serve on military commissions.CommentsClose CommentsPermalink





‘948j. Military judge of a military commission.CommentsClose CommentsPermalink





‘948k. Detail of trial counsel and defense counsel.CommentsClose CommentsPermalink





‘948l. Detail or employment of reporters and interpreters.CommentsClose CommentsPermalink





‘948m. Number of members; excuse of members; absent and additional members.CommentsClose CommentsPermalink

‘Sec. 948h. Who may convene military commissions

‘Military commissions under this chapter may be convened by the Secretary of Defense or by any officer or official of the United States designated by the Secretary for that purpose.CommentsClose CommentsPermalink

‘Sec. 948i. Who may serve on military commissions

‘(a) In General- Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty.CommentsClose CommentsPermalink





‘(b) Detail of Members- When convening a military commission under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, as in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a military commission when such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case.CommentsClose CommentsPermalink





‘(c) Excuse of Members- Before a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case.CommentsClose CommentsPermalink

‘Sec. 948j. Military judge of a military commission

‘(a) Detail of Military Judge- A military judge shall be detailed to each military commission under this chapter. The Secretary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commissions. The military judge shall preside over each military commission to which he has been detailed.CommentsClose CommentsPermalink





‘(b) Eligibility- A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court, or a member of the bar of the highest court of a State, and who is certified to be qualified for duty under section 826 of this title (article 26 of the Uniform Code of Military Justice) as a military judge in general courts-martial by the Judge Advocate General of the armed force of which such military judge is a member.CommentsClose CommentsPermalink





‘(c) Ineligibility of Certain Individuals- No person is eligible to act as military judge in a case of a military commission under this chapter if he is the accuser or a witness or has acted as investigator or a counsel in the same case.CommentsClose CommentsPermalink





‘(d) Consultation With Members; Ineligibility to Vote- A military judge detailed to a military commission under this chapter may not consult with the members except in the presence of the accused (except as otherwise provided in section 949d of this title), trial counsel, and defense counsel, nor may he vote with the members.CommentsClose CommentsPermalink





‘(e) Other Duties- A commissioned officer who is certified to be qualified for duty as a military judge of a military commission under this chapter may perform such other duties as are assigned to him by or with the approval of the Judge Advocate General of the armed force of which such officer is a member or the designee of such Judge Advocate General.CommentsClose CommentsPermalink





‘(f) Prohibition on Evaluation of Fitness by Convening Authority- The convening authority of a military commission under this chapter shall not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to the military commission which relates to his performance of duty as a military judge on the military commission.CommentsClose CommentsPermalink

‘Sec. 948k. Detail of trial counsel and defense counsel

‘(a) Detail of Counsel Generally- (1) Trial counsel and military defense counsel shall be detailed for each military commission under this chapter.CommentsClose CommentsPermalink





‘(2) Assistant trial counsel and assistant and associate defense counsel may be detailed for a military commission under this chapter.CommentsClose CommentsPermalink





‘(3) Military defense counsel for a military commission under this chapter shall be detailed as soon as practicable.CommentsClose CommentsPermalink





‘(4) The Secretary of Defense shall prescribe regulations providing for the manner in which trial counsel and military defense counsel are detailed for military commissions under this chapter and for the persons who are authorized to detail such counsel for such military commissions.CommentsClose CommentsPermalink





‘(b) Trial Counsel- Subject to subsection (e), trial counsel detailed for a military commission under this chapter must be--CommentsClose CommentsPermalink





‘(1) a judge advocate (as that term is defined in section 801 of this title (article 1 of the Uniform Code of Military Justice)) who is--CommentsClose CommentsPermalink





‘(A) a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; andCommentsClose CommentsPermalink





‘(B) certified as competent to perform duties as trial counsel before general courts-martial by the Judge Advocate General of the armed force of which he is a member; orCommentsClose CommentsPermalink





‘(2) a civilian who is--CommentsClose CommentsPermalink





‘(A) a member of the bar of a Federal court or of the highest court of a State; andCommentsClose CommentsPermalink





‘(B) otherwise qualified to practice before the military commission pursuant to regulations prescribed by the Secretary of Defense.CommentsClose CommentsPermalink





‘(c) Military Defense Counsel- Subject to subsection (e), military defense counsel detailed for a military commission under this chapter must be a judge advocate (as so defined) who is--CommentsClose CommentsPermalink





‘(1) a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; andCommentsClose CommentsPermalink





‘(2) certified as competent to perform duties as defense counsel before general courts-martial by the Judge Advocate General of the armed force of which he is a member.CommentsClose CommentsPermalink





‘(d) Chief Prosecutor; Chief Defense Counsel- (1) The Chief Prosecutor in a military commission under this chapter shall meet the requirements set forth in subsection (b)(1).CommentsClose CommentsPermalink





‘(2) The Chief Defense Counsel in a military commission under this chapter shall meet the requirements set forth in subsection (c)(1).CommentsClose CommentsPermalink





‘(e) Ineligibility of Certain Individuals- No person who has acted as an investigator, military judge, or member of a military commission under this chapter in any case may act later as trial counsel or military defense counsel in the same case. No person who has acted for the prosecution before a military commission under this chapter may act later in the same case for the defense, nor may any person who has acted for the defense before a military commission under this chapter act later in the same case for the prosecution.CommentsClose CommentsPermalink

‘Sec. 948l. Detail or employment of reporters and interpreters

‘(a) Court Reporters- Under such regulations as the Secretary of Defense may prescribe, the convening authority of a military commission under this chapter shall detail to or employ for the military commission qualified court reporters, who shall prepare a verbatim record of the proceedings of and testimony taken before the military commission.CommentsClose CommentsPermalink





‘(b) Interpreters- Under such regulations as the Secretary of Defense may prescribe, the convening authority of a military commission under this chapter may detail to or employ for the military commission interpreters who shall interpret for the military commission, and, as necessary, for trial counsel and defense counsel for the military commission, and for the accused.CommentsClose CommentsPermalink





‘(c) Transcript; Record- The transcript of a military commission under this chapter shall be under the control of the convening authority of the military commission, who shall also be responsible for preparing the record of the proceedings of the military commission.CommentsClose CommentsPermalink

‘Sec. 948m. Number of members; excuse of members; absent and additional members

‘(a) Number of Members- (1) A military commission under this chapter shall, except as provided in paragraph (2), have at least five members.CommentsClose CommentsPermalink





‘(2) In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of members prescribed by section 949m(c) of this title.CommentsClose CommentsPermalink





‘(b) Excuse of Members- No member of a military commission under this chapter may be absent or excused after the military commission has been assembled for the trial of a case unless excused--CommentsClose CommentsPermalink





‘(1) as a result of challenge;CommentsClose CommentsPermalink





‘(2) by the military judge for physical disability or other good cause; orCommentsClose CommentsPermalink





‘(3) by order of the convening authority for good cause.CommentsClose CommentsPermalink





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

‘SUBCHAPTER III--PRE-TRIAL PROCEDURE

‘Sec.CommentsClose CommentsPermalink





‘948q. Charges and specifications.CommentsClose CommentsPermalink





‘948r. Compulsory self-incrimination prohibited; statements obtained by torture or cruel, inhuman, or degrading treatment.CommentsClose CommentsPermalink





‘948s. Service of charges.CommentsClose CommentsPermalink

‘Sec. 948q. Charges and specifications

‘(a) Charges and Specifications- Charges and specifications against an accused in a military commission under this chapter shall be signed by a person subject to chapter 47 of this title under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state--CommentsClose CommentsPermalink





‘(1) that the signer has personal knowledge of, or reason to believe, the matters set forth therein; andCommentsClose CommentsPermalink





‘(2) that they are true in fact to the best of his knowledge and belief.CommentsClose CommentsPermalink





‘(b) Notice to Accused- Upon the swearing of the charges and specifications in accordance with subsection (a), the accused shall be informed of the charges and specifications against him as soon as practicable.CommentsClose CommentsPermalink

‘Sec. 948r. Compulsory self-incrimination prohibited; statements obtained by torture or cruel, inhuman, or degrading treatment

‘(a) In General- No person shall be required to testify against himself at a proceeding of a military commission under this chapter.CommentsClose CommentsPermalink





‘(b) Statements Obtained by Torture- A statement obtained by use of torture, whether or not under color of law, shall not be admissible in a trial by military commission under this chapter, except against a person accused of torture as evidence the statement was made.CommentsClose CommentsPermalink





‘(c) Statements Obtained Through Cruel, Inhuman, or Degrading Treatment- A statement in which the degree of coercion is disputed may be admissible in a trial by military commission under this chapter only if the military judge finds that--CommentsClose CommentsPermalink





‘(1) the totality of the circumstances renders the statement reliable and possessing sufficient probative value;CommentsClose CommentsPermalink





‘(2) the interests of justice would best be served by admission of the statement into evidence; andCommentsClose CommentsPermalink





‘(3) the interrogation methods used to obtain the statement do not amount to cruel, inhuman, or degrading treatment prohibited by section 1003 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd).CommentsClose CommentsPermalink

‘Sec. 948s. Service of charges

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

‘SUBCHAPTER IV--TRIAL PROCEDURE

‘Sec.CommentsClose CommentsPermalink





‘949a. Rules.CommentsClose CommentsPermalink





‘949b. Unlawfully influencing action of military commission.CommentsClose CommentsPermalink





‘949c. Duties of trial counsel and defense counsel.CommentsClose CommentsPermalink

‘949d. SessionCommentsClose CommentsPermalink

s.

‘949e. Continuances.CommentsClose CommentsPermalink





‘949f. Challenges.CommentsClose CommentsPermalink





‘949g. Oaths.CommentsClose CommentsPermalink





‘949h. Former jeopardy.CommentsClose CommentsPermalink





‘949i. Pleas of the accused.CommentsClose CommentsPermalink





‘949j. Opportunity to obtain witnesses and other evidence.CommentsClose CommentsPermalink





‘949k. Defense of lack of mental responsibility.CommentsClose CommentsPermalink





‘949l. Voting and rulings.CommentsClose CommentsPermalink





‘949m. Number of votes required.CommentsClose CommentsPermalink





‘949n. Military commission to announce action.CommentsClose CommentsPermalink





‘949o. Record of trial.CommentsClose CommentsPermalink

‘Sec. 949a. Rules

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





‘(b) Exceptions- (1) The Secretary of Defense, in consultation with the Attorney General, may make such exceptions in the applicability in trials by military commission under this chapter from the procedures and rules of evidence otherwise applicable in general courts-martial as may be required by the unique circumstances of the conduct of military and intelligence operations during hostilities or by other practical need.CommentsClose CommentsPermalink





‘(2) Notwithstanding any exceptions authorized by paragraph (1), the procedures and rules of evidence in trials by military commission under this chapter shall include, at a minimum, the following rights:CommentsClose CommentsPermalink





‘(A) To present evidence in his defense, to cross-examine the witnesses who testify against him, and to examine and respond to all evidence admitted against him on the issue of guilt or innocence and for sentencing, as provided for by this chapter.CommentsClose CommentsPermalink





‘(B) To be present at all sessions of the military commission (other than those for deliberations or voting), except when excluded under section 949d of this title.CommentsClose CommentsPermalink





‘(C) To be represented before a military commission by civilian counsel if provided at no expense to the Government, and by either the defense counsel detailed or by military counsel of the accused’s own selection, if reasonably available.CommentsClose CommentsPermalink





‘(D) To self-representation, if the accused knowingly and competently waives the assistance of counsel, subject to the provisions of paragraph (4).CommentsClose CommentsPermalink





‘(E) To the suppression of evidence that is not reliable or probative.CommentsClose CommentsPermalink





‘(F) To the suppression of evidence the probative value of which is substantially outweighed by--CommentsClose CommentsPermalink





‘(i) the danger of unfair prejudice, confusion of the issues, or misleading the members; orCommentsClose CommentsPermalink





‘(ii) considerations of undue delay, waste of time, or needless presentation of cumulative evidence.CommentsClose CommentsPermalink





‘(3) In making exceptions in the applicability in trials by military commission under this chapter from the procedures and rules otherwise applicable in general courts-martial, the Secretary of Defense may provide the following:CommentsClose CommentsPermalink





‘(A) Evidence seized outside the United States shall not be excluded from trial by military commission on the grounds that the evidence was not seized pursuant to a search warrant or authorization.CommentsClose CommentsPermalink





‘(B) A statement of the accused that is otherwise admissible shall not be excluded from trial by military commission on grounds of alleged coercion or compulsory self-incrimination so long as the evidence complies with the provisions of section 948r of this title.CommentsClose CommentsPermalink





‘(C) Evidence shall be admitted as authentic so long as--CommentsClose CommentsPermalink





‘(i) the military judge of the military commission determines that there is sufficient evidence that the evidence is what it is claimed to be; andCommentsClose CommentsPermalink





‘(ii) the military judge instructs the members that they may consider any issue as to authentication or identification of evidence in determining the weight, if any, to be given to the evidence.CommentsClose CommentsPermalink





‘(D) Hearsay evidence not otherwise admissible under the rules of evidence applicable in trial by general courts-martial may be admitted in a trial by military commission only if--CommentsClose CommentsPermalink





‘(i) the proponent of the evidence makes known to the adverse party, sufficiently in advance to provide the adverse party with a fair opportunity to meet the evidence, the proponent’s intention to offer the evidence, and the particulars of the evidence (including information on the circumstances under which the evidence was obtained); andCommentsClose CommentsPermalink





‘(ii) the military judge, after taking into account all of the circumstances surrounding the taking of the statement, the degree to which the statement is corroborated, and the indicia of reliability within the statement itself, determines that--CommentsClose CommentsPermalink





‘(I) the statement is offered as evidence of a material fact;CommentsClose CommentsPermalink





‘(II) either--CommentsClose CommentsPermalink





‘(aa) direct testimony from the witness is not available as a practical matter, taking into consideration the physical location of the witness and the unique circumstances of the conduct of military and intelligence operations during hostilities; orCommentsClose CommentsPermalink





‘(bb) the production of the witness would have an adverse impact on military or intelligence operations; andCommentsClose CommentsPermalink





‘(III) the general purposes of the rules of evidence and the interests of justice will best be served by admission of the statement into evidence.CommentsClose CommentsPermalink





‘(4)(A) The accused in a military commission under this chapter who exercises the right to self-representation under paragraph (2)(D) shall conform his deportment and the conduct of the defense to the rules of evidence, procedure, and decorum applicable to trials by military commission.CommentsClose CommentsPermalink





‘(B) Failure of the accused to conform to the rules described in subparagraph (A) may result in a partial or total revocation by the military judge of the right of self-representation under paragraph (2)(D). In such case, the military counsel of the accused or an appropriately authorized civilian counsel shall perform the functions necessary for the defense.CommentsClose CommentsPermalink





‘(c) Delegation of Authority To Prescribe Regulations- The Secretary of Defense may delegate the authority of the Secretary to prescribe regulations under this chapter.CommentsClose CommentsPermalink

‘Sec. 949b. Unlawfully influencing action of military commission

‘(a) In General- (1) No authority convening a military commission under this chapter may censure, reprimand, or admonish the military commission, or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the military commission, or with respect to any other exercises of its or their functions in the conduct of the proceedings.CommentsClose CommentsPermalink





‘(2) No person may attempt to coerce or, by any unauthorized means, influence--CommentsClose CommentsPermalink





‘(A) the action of a military commission under this chapter, or any member thereof, in reaching the findings or sentence in any case;CommentsClose CommentsPermalink





‘(B) the action of any convening, approving, or reviewing authority with respect to their judicial acts; orCommentsClose CommentsPermalink





‘(C) the exercise of professional judgment by trial counsel or defense counsel.CommentsClose CommentsPermalink





‘(3) The provisions of this subsection shall not apply with respect to--CommentsClose CommentsPermalink





‘(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of military commissions; orCommentsClose CommentsPermalink





‘(B) statements and instructions given in open proceedings by a military judge or counsel.CommentsClose CommentsPermalink





‘(b) Prohibition on Consideration of Actions on Commission in Evaluation of Fitness- In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a commissioned officer of the armed forces is qualified to be advanced in grade, or in determining the assignment or transfer of any such officer or whether any such officer should be retained on active duty, no person may--CommentsClose CommentsPermalink





‘(1) consider or evaluate the performance of duty of any member of a military commission under this chapter; orCommentsClose CommentsPermalink





‘(2) give a less favorable rating or evaluation to any commissioned officer because of the zeal with which such officer, in acting as counsel, represented any accused before a military commission under this chapter.CommentsClose CommentsPermalink

‘Sec. 949c. Duties of trial counsel and defense counsel

‘(a) Trial Counsel- The trial counsel of a military commission under this chapter shall prosecute in the name of the United States.CommentsClose CommentsPermalink





‘(b) Defense Counsel- (1) The accused shall be represented in his defense before a military commission under this chapter as provided in this subsection.CommentsClose CommentsPermalink





‘(2) The accused may be represented by military counsel detailed under section 948k of this title or by military counsel of the accused’s own selection, if reasonably available.CommentsClose CommentsPermalink





‘(3) The accused may be represented by civilian counsel if retained by the accused, provided that such civilian counsel--CommentsClose CommentsPermalink





‘(A) is a United States citizen;CommentsClose CommentsPermalink





‘(B) is admitted to the practice of law in a State, district, or possession of the United States, or before a Federal court;CommentsClose CommentsPermalink





‘(C) has not been the subject of any sanction of disciplinary action by any court, bar, or other competent governmental authority for relevant misconduct;CommentsClose CommentsPermalink





‘(D) has been determined to be eligible for access to information classified at the level Secret or higher; andCommentsClose CommentsPermalink





‘(E) has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any rules of court for conduct during the proceedings.CommentsClose CommentsPermalink





‘(4) If the accused is represented by civilian counsel, military counsel shall act as associate counsel.CommentsClose CommentsPermalink





‘(5) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 948k of this title to detail counsel, in such person’s sole discretion, may detail additional military counsel to represent the accused.CommentsClose CommentsPermalink





‘(6) Defense counsel may cross-examine each witness for the prosecution who testifies before a military commission under this chapter.CommentsClose CommentsPermalink





‘(7) Civilian defense counsel shall protect any classified information received during the course of representation of the accused in accordance with all applicable law governing the protection of classified information, and may not divulge such information to any person not authorized to receive it.CommentsClose CommentsPermalink

‘Sec. 949d. Sessions

‘(a) Sessions Without Presence of Members- (1) At any time after the service of charges which have been referred for trial by military commission under this chapter, the military judge may call the military commission into session without the presence of the members for the purpose of--CommentsClose CommentsPermalink





‘(A) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;CommentsClose CommentsPermalink





‘(B) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members;CommentsClose CommentsPermalink





‘(C) if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; andCommentsClose CommentsPermalink





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





‘(2) Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record.CommentsClose CommentsPermalink





‘(b) Deliberation or Vote of Members- When the members of a military commission under this chapter deliberate or vote, only the members may be present.CommentsClose CommentsPermalink





‘(c) Closure of Proceedings- (1) The military judge may close to the public all or part of the proceedings of a military commission under this chapter.CommentsClose CommentsPermalink





‘(2) The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon making a specific finding that such closure is necessary to--CommentsClose CommentsPermalink





‘(A) protect information the disclosure of which could reasonably be expected to cause damage to the national security, including intelligence or law enforcement sources, methods, or activities; orCommentsClose CommentsPermalink





‘(B) ensure the physical safety of individuals.CommentsClose CommentsPermalink





‘(3) A finding under paragraph (2) may be based upon a presentation, including a presentation ex parte or in camera, by either trial counsel or defense counsel.CommentsClose CommentsPermalink





‘(4)(A) Subject to the provisions of this paragraph, classified information shall be handled in accordance with rules applicable in trials by general courts-martial of the United States.

‘(B) Classified information shall be protected and is privileged from disclosure if disclosure would be detrimental to the national security. Under no circumstances may a military judge order the release of classified information to any person not authorized to receive such information. This subparagraph applies to all stages of proceedings of military commissions under this chapter.

‘(C) After the original classification authority or head of the agency concerned has certified in writing that evidence and the sources thereof have been declassified to the maximum extent possible, consistent with the requirements of national security, the military judge may, to the extent practicable in accordance with the rules applicable in trials by court-martial, authorize--

‘(i) the deletion of specified items of classified information from documents sought by or made available to the accused;

‘(ii) the substitution of a portion or summary of the information for such classified documents; or

‘(iii) the substitution of a statement admitting relevant facts that the classified information would tend to prove.

‘(D) The military judge shall order the use of a statement, portion, or summary under subparagraph (C) if the military judge determines that the use of the statement, portion, or summary is consistent with affording the accused a fair trial.

‘(E) A claim of privilege under this paragraph, and any materials in support thereof, shall, upon the request of the Government, be considered by the military judge in camera and shall not be disclosed to the accused. Such a claim may be considered on an ex parte basis, at the discretion of the military judge.

‘(F) A certification of declassification by the original classification authority or head of an agency pursuant to subparagraph (C) shall not be subject to review by a military commission or upon appeal.

‘(d) Exclusion of Accused From Certain Proceedings- The military judge may exclude the accused from any portion of a proceeding upon a determination that, after being warned by the military judge, the accused persists in conduct that justifies exclusion from the courtroom--CommentsClose CommentsPermalink




‘(1) to ensure the physical safety of individuals; orCommentsClose CommentsPermalink





‘(2) to prevent disruption of the proceedings by the accused.CommentsClose CommentsPermalink

‘Sec. 949e. Continuances

‘The military judge in a military commission under this chapter may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.CommentsClose CommentsPermalink

‘Sec. 949f. Challenges

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





‘(b) Peremptory Challenges- The accused and trial counsel are each entitled to one peremptory challenge, but the military judge may not be challenged except for cause.CommentsClose CommentsPermalink





‘(c) Challenges Against Additional Members- Whenever additional members are detailed to a military commission under this chapter, and after any challenges for cause against such additional members are presented and decided, the accused and trial counsel are each entitled to one peremptory challenge against members not previously subject to peremptory challenge.CommentsClose CommentsPermalink

‘Sec. 949g. Oaths

‘(a) In General- (1) Before performing their respective duties in a military commission under this chapter, military judges, members, trial counsel, defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.CommentsClose CommentsPermalink





‘(2) The form of the oath required by paragraph (1), the time and place of the taking thereof, the manner of recording thereof, and whether the oath shall be taken for all cases in which duties are to be performed or for a particular case, shall be as provided in regulations prescribed by the Secretary of Defense. The regulations may provide that--CommentsClose CommentsPermalink





‘(A) an oath to perform faithfully duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty; andCommentsClose CommentsPermalink





‘(B) if such an oath is taken, such oath need not again be taken at the time the judge advocate or other person is detailed to that duty.CommentsClose CommentsPermalink





‘(b) Witnesses- Each witness before a military commission under this chapter shall be examined on oath.CommentsClose CommentsPermalink





‘(c) Oath Defined- In this section, the term ‘oath’ includes an affirmation.CommentsClose CommentsPermalink

‘Sec. 949h. Former jeopardy

‘(a) In General- No person may, without his consent, be tried by a military commission under this chapter a second time for the same offense.CommentsClose CommentsPermalink





‘(b) Scope of Trial- No proceeding in which the accused has been found guilty by military commission under this chapter upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.CommentsClose CommentsPermalink

‘Sec. 949i. Pleas of the accused

‘(a) Plea of Not Guilty- If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the military commission shall proceed as though the accused had pleaded not guilty.CommentsClose CommentsPermalink





‘(b) Finding of Guilt After Guilty Plea- With respect to any charge or specification to which a plea of guilty has been made by the accused in a military commission under this chapter and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without a vote. The finding shall constitute the finding of the military commission unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.CommentsClose CommentsPermalink

‘Sec. 949j. Opportunity to obtain witnesses and other evidence

‘(a) In General- (1) Defense counsel in a military commission under this chapter shall have a reasonable opportunity to obtain witnesses and other evidence as provided in regulations prescribed by the Secretary of Defense.CommentsClose CommentsPermalink





‘(2) Process issued in military commissions under this chapter to compel witnesses to appear and testify and to compel the production of other evidence--CommentsClose CommentsPermalink





‘(A) shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue; andCommentsClose CommentsPermalink





‘(B) shall run to any place where the United States shall have jurisdiction thereof.CommentsClose CommentsPermalink





‘(b) Disclosure of Exculpatory Evidence- (1) As soon as practicable, trial counsel in a military commission under this chapter shall disclose to the defense the existence of any evidence that reasonably tends to--CommentsClose CommentsPermalink





‘(A) negate the guilt of the accused of an offense charged; orCommentsClose CommentsPermalink





‘(B) reduce the degree of guilt of the accused with respect to an offense charged.CommentsClose CommentsPermalink





‘(2) The trial counsel shall, as soon as practicable, disclose to the defense the existence of evidence that reasonably tends to impeach the credibility of a witness whom the government intends to call at trial.CommentsClose CommentsPermalink





‘(3) The trial counsel shall, as soon as practicable upon a finding of guilt, disclose to the defense the existence of evidence that is not subject to paragraph (1) or paragraph (2) but that reasonably may be viewed as mitigation evidence at sentencing.CommentsClose CommentsPermalink





‘(4) The disclosure obligations under this subsection encompass evidence that is known or reasonably should be known to any government officials who participated in the investigation and prosecution of the case against the defendant.CommentsClose CommentsPermalink

‘Sec. 949k. Defense of lack of mental responsibility

‘(a) Affirmative Defense- It is an affirmative defense in a trial by military commission under this chapter that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.CommentsClose CommentsPermalink





‘(b) Burden of Proof- The accused in a military commission under this chapter has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.CommentsClose CommentsPermalink





‘(c) Findings Following Assertion of Defense- Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue in a military commission under this chapter, the military judge shall instruct the members as to the defense of lack of mental responsibility under this section and shall charge the members to find the accused--CommentsClose CommentsPermalink





‘(1) guilty;CommentsClose CommentsPermalink





‘(2) not guilty; orCommentsClose CommentsPermalink





‘(3) subject to subsection (d), not guilty by reason of lack of mental responsibility.CommentsClose CommentsPermalink





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

‘Sec. 949l. Voting and rulings

‘(a) Vote by Secret Written Ballot- Voting by members of a military commission under this chapter on the findings and on the sentence shall be by secret written ballot.CommentsClose CommentsPermalink





‘(b) Rulings- (1) The military judge in a military commission under this chapter shall rule upon all questions of law, including the admissibility of evidence and all interlocutory questions arising during the proceedings.CommentsClose CommentsPermalink





‘(2) Any ruling made by the military judge upon a question of law or an interlocutory question (other than the factual issue of mental responsibility of the accused) is conclusive and constitutes the ruling of the military commission. However, a military judge may change his ruling at any time during the trial.CommentsClose CommentsPermalink





‘(c) Instructions Prior to Vote- Before a vote is taken of the findings of a military commission under this chapter, the military judge shall, in the presence of the accused and counsel, instruct the members as to the elements of the offense and charge the members--CommentsClose CommentsPermalink





‘(1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond a reasonable doubt;CommentsClose CommentsPermalink





‘(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;CommentsClose CommentsPermalink





‘(3) that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; andCommentsClose CommentsPermalink





‘(4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the United States.CommentsClose CommentsPermalink

‘Sec. 949m. Number of votes required

‘(a) Conviction- No person may be convicted by a military commission under this chapter of any offense, except as provided in section 949i(b) of this title or by concurrence of two-thirds of the members present at the time the vote is taken.CommentsClose CommentsPermalink





‘(b) Sentences- (1) Except as provided in paragraphs (2) and (3), sentences shall be determined by a military commission by the concurrence of two-thirds of the members present at the time the vote is taken.CommentsClose CommentsPermalink





‘(2) No person may be sentenced to death by a military commission, except insofar as--CommentsClose CommentsPermalink





‘(A) the penalty of death has been expressly authorized under this chapter, chapter 47 of this title, or the law of war for an offense of which the accused has been found guilty;CommentsClose CommentsPermalink





‘(B) trial counsel expressly sought the penalty of death by filing an appropriate notice in advance of trial;CommentsClose CommentsPermalink





‘(C) the accused was convicted of the offense by the concurrence of all the members present at the time the vote is taken; andCommentsClose CommentsPermalink





‘(D) all members present at the time the vote was taken concurred in the sentence of death.CommentsClose CommentsPermalink





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





‘(c) Number of Members Required for Penalty of Death- (1) Except as provided in paragraph (2), in a case in which the penalty of death is sought, the number of members of the military commission under this chapter shall be not less than 12 members.CommentsClose CommentsPermalink





‘(2) In any case described in paragraph (1) in which 12 members are not reasonably available for a military commission because of physical conditions or military exigencies, the convening authority shall specify a lesser number of members for the military commission (but not fewer than 5 members), and the military commission may be assembled, and the trial held, with not less than the number of members so specified. In any such case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available.CommentsClose CommentsPermalink

‘Sec. 949n. Military commission to announce action

‘A military commission under this chapter shall announce its findings and sentence to the parties as soon as determined.CommentsClose CommentsPermalink

‘Sec. 949o. Record of trial

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





‘(b) Complete Record Required- A complete record of the proceedings and testimony shall be prepared in every military commission under this chapter.CommentsClose CommentsPermalink





‘(c) Provision of Copy to Accused- A copy of the record of the proceedings of the military commission under this chapter shall be given the accused as soon as it is authenticated. If the record contains classified information, or a classified annex, the accused shall receive a redacted version of the record consistent with the requirements of section 949d(c)(4) of this title. Defense counsel shall have access to the unredacted record, as provided in regulations prescribed by the Secretary of Defense.CommentsClose CommentsPermalink

‘SUBCHAPTER V--CLASSIFIED INFORMATION PROCEDURES

‘Sec.CommentsClose CommentsPermalink





‘949p-1. Protection of classified information: applicability of subchapter.CommentsClose CommentsPermalink





‘949p-2. Pretrial conference.CommentsClose CommentsPermalink





‘949p-3. Protective orders.CommentsClose CommentsPermalink





‘949p-4. Discovery of, and access to, classified information by the accused.CommentsClose CommentsPermalink





‘949p-5. Notice by accused of intention to disclose classified information.CommentsClose CommentsPermalink





‘949p-6. Procedure for cases involving classified information.CommentsClose CommentsPermalink





‘949p-7. Introduction of classified information into evidence.CommentsClose CommentsPermalink

‘SUBCHAPTER VI--SENTENCES

‘Sec.CommentsClose CommentsPermalink





‘949s. Cruel or unusual punishments prohibited.CommentsClose CommentsPermalink





‘949t. Maximum limits.CommentsClose CommentsPermalink





‘949u. Execution of confinement.CommentsClose CommentsPermalink

‘Sec. 949s. Cruel or unusual punishments prohibited

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

‘Sec. 949t. Maximum limits

‘The punishment which a military commission under this chapter may direct for an offense may not exceed such limits as the President or Secretary of Defense may prescribe for that offense.CommentsClose CommentsPermalink

‘Sec. 949u. Execution of confinement

‘(a) In General- Under such regulations as the Secretary of Defense may prescribe, a sentence of confinement adjudged by a military commission under this chapter may be carried into execution by confinement--CommentsClose CommentsPermalink





‘(1) in any place of confinement under the control of any of the armed forces; orCommentsClose CommentsPermalink





‘(2) in any penal or correctional institution under the control of the United States or its allies, or which the United States may be allowed to use.CommentsClose CommentsPermalink





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

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

‘Sec.CommentsClose CommentsPermalink





‘950a. Error of law; lesser included offense.CommentsClose CommentsPermalink





‘950b. Review by the convening authority.CommentsClose CommentsPermalink





‘950c. Appellate referral; waiver or withdrawal of appeal.CommentsClose CommentsPermalink





‘950d. AppealInterlocutory appeals by the United States.CommentsClose CommentsPermalink





‘950e. Rehearings.CommentsClose CommentsPermalink





‘950f. Review by United States Court of Appeals for the Armed Forces and Supreme Court.CommentsClose CommentsPermalink





‘950g. Appellate counsel.CommentsClose CommentsPermalink





‘950h. Execution of sentence; suspension of sentence.CommentsClose CommentsPermalink





‘950i. Finality of proceedings, findings, and sentences.CommentsClose CommentsPermalink

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

‘(a) Error of Law- A finding or sentence of a military commission under this chapter may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.CommentsClose CommentsPermalink





‘(b) Lesser Included Offense- Any reviewing authority with the power to approve or affirm a finding of guilty by a military commission under this chapter may approve or affirm, instead, so much of the finding as includes a lesser included offense.CommentsClose CommentsPermalink

‘Sec. 950b. Review by the convening authority

‘(a) Notice to Convening Authority of Findings and Sentence- The findings and sentence of a military commission under this chapter shall be reported in writing promptly to the convening authority after the announcement of the sentence.CommentsClose CommentsPermalink





‘(b) Submittal of Matters by Accused to Convening Authority- (1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence of the military commission under this chapter.CommentsClose CommentsPermalink





‘(2)(A) Except as provided in subparagraph (B), a submittal under paragraph (1) shall be made in writing within 20 days after accused has been give an authenticated record of trial under section 949o(c) of this title.CommentsClose CommentsPermalink





‘(B) If the accused shows that additional time is required for the accused to make a submittal under paragraph (1), the convening authority may, for good cause, extend the applicable period under subparagraph (A) for not more than an additional 20 days.CommentsClose CommentsPermalink





‘(3) The accused may waive his right to make a submittal to the convening authority under paragraph (1). Such a waiver shall be made in writing, and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submittal under this subsection shall be deemed to have expired upon the submittal of a waiver under this paragraph to the convening authority.CommentsClose CommentsPermalink





‘(c) Action by Convening Authority- (1) The authority under this subsection to modify the findings and sentence of a military commission under this chapter is a matter of the sole discretion and prerogative of the convening authority.CommentsClose CommentsPermalink





‘(2) The convening authority is not required to take action on the findings of a military commission under this chapter. If the convening authority takes action on the findings, the convening authority may, in his sole discretion, only--CommentsClose CommentsPermalink





‘(A) dismiss any charge or specification by setting aside a finding of guilty thereto; orCommentsClose CommentsPermalink





‘(B) change a finding of guilty to a charge to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge.CommentsClose CommentsPermalink





‘(3)(A) The convening authority shall take action on the sentence of a military commission under this chapter.CommentsClose CommentsPermalink





‘(B) Subject to regulations prescribed by the Secretary of Defense, action under this paragraph may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier.CommentsClose CommentsPermalink





‘(C) In taking action under this paragraph, the convening authority may, in his sole discretion, approve, disapprove, commute, or suspend the sentence in whole or in part. The convening authority may not increase a sentence beyond that which is found by the military commission.CommentsClose CommentsPermalink





‘(4) The convening authority shall serve on the accused or on defense counsel notice of any action taken by the convening authority under this subsection.CommentsClose CommentsPermalink





‘(d) Order of Revision or Rehearing- (1) Subject to paragraphs (2) and (3), the convening authority of a military commission under this chapter may, in his sole discretion, order a proceeding in revision or a rehearing.CommentsClose CommentsPermalink





‘(2)(A) Except as provided in subparagraph (B), a proceeding in revision may be ordered by the convening authority if--CommentsClose CommentsPermalink





‘(i) there is an apparent error or omission in the record; orCommentsClose CommentsPermalink





‘(ii) the record shows improper or inconsistent action by the military commission with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.CommentsClose CommentsPermalink





‘(B) In no case may a proceeding in revision--CommentsClose CommentsPermalink





‘(i) reconsider a finding of not guilty of a specification or a ruling which amounts to a finding of not guilty;CommentsClose CommentsPermalink





‘(ii) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation; orCommentsClose CommentsPermalink





‘(iii) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.CommentsClose CommentsPermalink





‘(3) A rehearing may be ordered by the convening authority if the convening authority disapproves the findings and sentence and states the reasons for disapproval of the findings. If the convening authority disapproves the finding and sentence and does not order a rehearing, the convening authority shall dismiss the charges. A rehearing as to the findings may not be ordered by the convening authority when there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered by the convening authority if the convening authority disapproves the sentence.CommentsClose CommentsPermalink

‘Sec. 950c. Appellate referral; waiver or withdrawal of appeal

‘(a) Automatic Referral for Appellate Review- Except as provided in subsection (b), in each case in which the final decision of a military commission under this chapter (as approved by the convening authority) includes a finding of guilty, the convening authority shall refer the case to the United States Court of Appeals for the Armed Forces. Any such referral shall be made in accordance with procedures prescribed under regulations of the Secretary.CommentsClose CommentsPermalink





‘(b) Waiver of Right of Review- (1) Except in a case in which the sentence as approved under section 950b of this title extends to death, an accused may file with the convening authority a statement expressly waiving the right of the accused to appellate review by the United States Court of Appeals for the Armed Forces under section 950f(a) of this title of the final decision of the military commission under this chapter.CommentsClose CommentsPermalink





‘(2) A waiver under paragraph (1) shall be signed by both the accused and a defense counsel.CommentsClose CommentsPermalink





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





‘(c) Withdrawal of Appeal- Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused may withdraw an appeal at any time.CommentsClose CommentsPermalink





‘(d) Effect of Waiver or Withdrawal- A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 950f of this title.CommentsClose CommentsPermalink

‘Sec. 950d. AppealInterlocutory appeals by the United States

‘(a) Interlocutory Appeal- (1) Except as provided in paragraph (2Except as provided in subsection (b), in a trial by military commission under this chapter, the United States may take an interlocutory appeal to the United States Court of Appeals for the Armed Forces under section 950f of this title of any order or ruling of the military judge that--‘(A)--CommentsClose CommentsPermalink





‘(1) that terminates proceedings of the military commission with respect to a charge or specification;CommentsClose CommentsPermalink





‘(B)2) that excludes evidence that is substantial proof of a fact material in the proceeding;CommentsClose CommentsPermalink





or‘(C)‘(3) that relates to a matter under subsection (c) or (d) of section 949d of this title.‘(2) The United States may not appeal under paragraph (1; orCommentsClose CommentsPermalink





‘(4) that, with respect to classified information--CommentsClose CommentsPermalink





‘(A) authorizes the disclosure of such information;CommentsClose CommentsPermalink





‘(B) imposes sanctions for nondisclosure of such information; orCommentsClose CommentsPermalink





‘(C) refuses a protective order sought by the United States to prevent the disclosure of such information.CommentsClose CommentsPermalink





‘(b) Limitation- The United States may not appeal under subsection (a) an order or ruling that is, or amounts to, a finding of not guilty by the military commission with respect to a charge or specification.CommentsClose CommentsPermalink





‘(b) Notice of Appeal- The United States shall take an appeal of an order or ruling under subsection (a) by filing a notice of appeal with the military judge within five days after the date of the order or ruling.

‘(c) Appeal- An appeal under this sectionScope of Appeal Right With Respect to Classified Information- The United States has the right to appeal under paragraph (4) of subsection (a) whenever the military judge enters an order or ruling that would require the disclosure of classified information, without regard to whether the order or ruling appealed from was entered under this chapter, another provision of law, a rule, or otherwise. Any such appeal may embrace any preceding order, ruling, or reasoning constituting the basis of the order or ruling that would authorize such disclosure.CommentsClose CommentsPermalink




‘(d) Timing and Action on Interlocutory Appeals Relating to Classified Information-CommentsClose CommentsPermalink





‘(1) APPEAL TO BE EXPEDITED- An appeal taken pursuant to paragraph (4) of subsection (a) shall be expedited by the United States Court of Appeals for the Armed Forces.CommentsClose CommentsPermalink





‘(2) APPEALS BEFORE TRIAL- If such an appeal is taken before trial, the appeal shall be taken within 10 days after the order or ruling appealed from and the trial shall not commence until the appeal is decided.CommentsClose CommentsPermalink





‘(3) APPEALS DURING TRIAL- If such an appeal is taken during trial, the military judge shall adjourn the trial until the appeal is decided, and the court of appeals--CommentsClose CommentsPermalink





‘(A) shall hear argument on such appeal within 4 days of the adjournment of the trial (excluding weekends and holidays);CommentsClose CommentsPermalink





‘(B) may dispense with written briefs other than the supporting materials previously submitted to the military judge;CommentsClose CommentsPermalink





‘(C) shall render its decision within four days of argument on appeal (excluding weekends and holidays); andCommentsClose CommentsPermalink





‘(D) may dispense with the issuance of a written opinion in rendering its decision.CommentsClose CommentsPermalink





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





‘(f) Method of Appeal- An appeal under this section shall be forwarded, by means specified in regulations prescribed by the Secretary of Defense, directly to the United States Court of Appeals for the Armed Forces.CommentsClose CommentsPermalink





In ruling on an appeal under this section, the C‘(g) Appeals Court To Act Only With Respect to Matter of Law- In ruling on an appeal under paragraph (1), (2), or (3) of subsection (a), the appeals court may act only with respect to matters of law.CommentsClose CommentsPermalink





‘(h) Subsequent Appeal Rights of Accused Not Affected- An appeal under paragraph (4) of subsection (a), and a decision on such appeal, shall not affect the right of the accused, in a subsequent appeal from a judgment of conviction, to claim as error reversal by the military judge on remand of a ruling appealed from during trial.CommentsClose CommentsPermalink

‘Sec. 950e. Rehearings

‘(a) Composition of Military Commission for Rehearing- Each rehearing under this chapter shall take place before a military commission under this chapter composed of members who were not members of the military commission which first heard the case.CommentsClose CommentsPermalink





‘(b) Scope of Rehearing- (1) Upon a rehearing--CommentsClose CommentsPermalink





‘(A) the accused may not be tried for any offense of which he was found not guilty by the first military commission; andCommentsClose CommentsPermalink





‘(B) no sentence in excess of or more than the original sentence may be imposed unless--CommentsClose CommentsPermalink





‘(i) the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings; orCommentsClose CommentsPermalink





‘(ii) the sentence prescribed for the offense is mandatory.CommentsClose CommentsPermalink





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

‘Sec. 950f. Review by United States Court of Appeals for the Armed Forces and Supreme Court

‘(a) Review by United States Court of Appeals for the Armed Forces- (1) Subject to the provisions of this subsection, the United States Court of Appeals for the Armed Forces shall have exclusive jurisdiction to determine the final validity of any judgment rendered by a military commission under this chapter.CommentsClose CommentsPermalink





‘(2) In any case referred to it pursuant to section 950c(a) of this title, the United States Court of Appeals for the Armed Forces may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.CommentsClose CommentsPermalink





‘(3) If the United States Court of Appeals for the Armed Forces sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.CommentsClose CommentsPermalink





‘(b) Review by Supreme Court- The Supreme Court of the United States may review by writ of certiorari pursuant to section 1257 of title 28 the final judgment of the United States Court of Appeals for the Armed Forces in a determination under subsection (a).CommentsClose CommentsPermalink

‘Sec. 950g. Appellate counsel

‘(a) Appointment- The Secretary of Defense shall, by regulation, establish procedures for the appointment of appellate counsel for the United States and for the accused in military commissions under this chapter. Appellate counsel shall meet the qualifications of counsel for appearing before military commissions under this chapter.CommentsClose CommentsPermalink





‘(b) Representation of United States- Appellate counsel may represent the United States in any appeal or review proceeding under this chapter. Appellate Government counsel may represent the United States before the Supreme Court in case arising under this chapter when requested to do so by the Attorney General.CommentsClose CommentsPermalink





‘(c) Representation of Accused- The accused shall be represented before the United States Court of Appeals for the Armed Forces or the Supreme Court by military appellate counsel, or by civilian counsel if retained by him.CommentsClose CommentsPermalink

‘Sec. 950h. Execution of sentence; suspension of sentence

‘(a) Execution of Sentence of Death Only Upon Approval by the President- If the sentence of a military commission under this chapter extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he sees fit.CommentsClose CommentsPermalink





‘(b) Execution of Sentence of Death Only Upon Final Judgment of Legality of Proceedings- (1) If the sentence of a military commission under this chapter extends to death, the sentence may not be executed until there is a final judgement as to the legality of the proceedings (and with respect to death, approval under subsection (a)).CommentsClose CommentsPermalink





‘(2) A judgement as to legality of proceedings is final for purposes of paragraph (1) when review is completed in accordance with the judgment of the United States Court of Appeals for the Armed Forces and (A) a petition for a writ of certiorari is not timely filed, (B) such a petition is denied by the Supreme Court, or (C) review is otherwise completed in accordance with the judgment of the Supreme Court.CommentsClose CommentsPermalink





‘(c) Suspension of Sentence- The Secretary of the Defense, or the convening authority acting on the case (if other than the Secretary), may suspend the execution of any sentence or part thereof in the case.CommentsClose CommentsPermalink

‘Sec. 950i. Finality of proceedings, findings, and sentences

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

‘SUBCHAPTER VIII--PUNITIVE MATTERS

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

‘(a) Definitions- In this subchapter:CommentsClose CommentsPermalink





‘(1) The term ‘military objective’ means combatants and those objects during an armed conflict which, by their nature, location, purpose, or use, effectively contribute to the war-fighting or war-sustaining capability of an opposing force and whose total or partial destruction, capture, or neutralization would constitute a definite military advantage to the attacker under the circumstances at the time of an attack.CommentsClose CommentsPermalink





‘(2) The term ‘protected person’ means any person entitled to protection under one or more of the Geneva Conventions, including civilians not taking an active part in hostilities, military personnel placed out of combat by sickness, wounds, or detention, and military medical or religious personnel.CommentsClose CommentsPermalink





‘(3) The term ‘protected property’ means any property specifically protected by the law of war, including buildings dedicated to religion, education, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, but only if and to the extent such property is not being used for military purposes or is not otherwise a military objective. The term includes objects properly identified by one of the distinctive emblems of the Geneva Conventions, but does not include civilian property that is a military objective.CommentsClose CommentsPermalink





‘(b) Construction of Certain Offenses- The intent required for offenses under paragraphs (1), (2), (3), (4), and (12) of section 950w of this title precludes their applicability with regard to collateral damage or to death, damage, or injury incident to a lawful attack.CommentsClose CommentsPermalink





‘(c) Common Circumstances- An offense specified in this subchapter is triable by military commission under this chapter only if the offense is committed in the context of and associated with armed conflict.CommentsClose CommentsPermalink





‘(d) Offenses Encompassed Under Law of War- To the extent that the provisions of this subchapter codify offenses that have traditionally been triable under the law of war or otherwise triable by military commission, this subchapter does not preclude trial for offenses that occurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010.CommentsClose CommentsPermalink

‘Sec. 950q. Principals

‘Any person punishable under this chapter who--CommentsClose CommentsPermalink





‘(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission;CommentsClose CommentsPermalink





‘(2) causes an act to be done which if directly performed by him would be punishable by this chapter; orCommentsClose CommentsPermalink





‘(3) is a superior commander who, with regard to acts punishable by this chapter, knew, had reason to know, or should have known, that a subordinate was about to commit such acts or had done so and who failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof,CommentsClose CommentsPermalink





is a principal.CommentsClose CommentsPermalink

‘Sec. 950r. Accessory after the fact

‘Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink

‘Sec. 950s. Conviction of lesser offenses

‘An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an attempt to commit either the offense charged or an offense necessarily included therein.CommentsClose CommentsPermalink

‘Sec. 950t. Attempts

‘(a) In General- Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(b) Scope of Offense- An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.CommentsClose CommentsPermalink





‘(c) Effect of Consummation- Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.CommentsClose CommentsPermalink

‘Sec. 950u. Conspiracy

‘Any person subject to this chapter who conspires to commit one or more substantive offenses triable by military commission under this subchapter, and who knowingly does any overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink

‘Sec. 950v. Solicitation

‘Any person subject to this chapter who solicits or advises another or others to commit one or more substantive offenses triable by military commission under this chapter shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink

‘Sec. 950w. Crimes triable by military commissions

‘The following offenses shall be triable by military commission under this chapter at any time without limitation:CommentsClose CommentsPermalink





‘(1) MURDER OF PROTECTED PERSONS- Any person subject to this chapter who intentionally kills one or more protected persons shall be punished by death or such other punishment as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(2) ATTACKING CIVILIANS- Any person subject to this chapter who intentionally engages in an attack upon a civilian population as such, or individual civilians not taking active part in hostilities, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(3) ATTACKING CIVILIAN OBJECTS- Any person subject to this chapter who intentionally engages in an attack upon a civilian object that is not a military objective shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(4) ATTACKING PROTECTED PROPERTY- Any person subject to this chapter who intentionally engages in an attack upon protected property shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(5) PILLAGING- Any person subject to this chapter who intentionally and in the absence of military necessity appropriates or seizes property for private or personal use, without the consent of a person with authority to permit such appropriation or seizure, shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(6) DENYING QUARTER- Any person subject to this chapter who, with effective command or control over subordinate groups, declares, orders, or otherwise indicates to those groups that there shall be no survivors or surrender accepted, with the intent to threaten an adversary or to conduct hostilities such that there would be no survivors or surrender accepted, shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(7) TAKING HOSTAGES- Any person subject to this chapter who, having knowingly seized or detained one or more persons, threatens to kill, injure, or continue to detain such person or persons with the intent of compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(8) EMPLOYING POISON OR SIMILAR WEAPONS- Any person subject to this chapter who intentionally, as a method of warfare, employs a substance or weapon that releases a substance that causes death or serious and lasting damage to health in the ordinary course of events, through its asphyxiating, bacteriological, or toxic properties, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(9) USING PROTECTED PERSONS AS A SHIELD- Any person subject to this chapter who positions, or otherwise takes advantage of, a protected person with the intent to shield a military objective from attack. or to shield, favor, or impede military operations, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(10) USING PROTECTED PROPERTY AS A SHIELD- Any person subject to this chapter who positions, or otherwise takes advantage of the location of, protected property with the intent to shield a military objective from attack, or to shield, favor, or impede military operations, shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(11) TORTURE-CommentsClose CommentsPermalink





‘(A) OFFENSE- Any person subject to this chapter who commits an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED- In this paragraph, the term ‘severe mental pain or suffering’ has the meaning given that term in section 2340(2) of title 18.CommentsClose CommentsPermalink





‘(12) CRUEL OR INHUMAN TREATMENT- Any person subject to this chapter who subjects another person in their custody or under their physical control, regardless of nationality or physical location, to cruel or inhuman treatment that constitutes a grave breach of common Article 3 of the Geneva Conventions shall be punished, if death results to the victim, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to the victim, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY-CommentsClose CommentsPermalink





‘(A) OFFENSE- Any person subject to this chapter who intentionally causes serious bodily injury to one or more persons, including privileged belligerents, in violation of the law of war shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(B) SERIOUS BODILY INJURY DEFINED- In this paragraph, the term ‘serious bodily injury’ means bodily injury which involves--CommentsClose CommentsPermalink





‘(i) a substantial risk of death;CommentsClose CommentsPermalink





‘(ii) extreme physical pain;CommentsClose CommentsPermalink





‘(iii) protracted and obvious disfigurement; orCommentsClose CommentsPermalink





‘(iv) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.CommentsClose CommentsPermalink





‘(14) MUTILATING OR MAIMING- Any person subject to this chapter who intentionally injures one or more protected persons by disfiguring the person or persons by any mutilation of the person or persons, or by permanently disabling any member, limb, or organ of the body of the person or persons, without any legitimate medical or dental purpose, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(15) MURDER IN VIOLATION OF THE LAW OF WAR- Any person subject to this chapter who intentionally kills one or more persons, including privileged belligerents, in violation of the law of war shall be punished by death or such other punishment as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW OF WAR- Any person subject to this chapter who intentionally destroys property belonging to another person in violation of the law of war shall punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(17) USING TREACHERY OR PERFIDY- Any person subject to this chapter who, after inviting the confidence or belief of one or more persons that they were entitled to, or obliged to accord, protection under the law of war, intentionally makes use of that confidence or belief in killing, injuring, or capturing such person or persons shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(18) IMPROPERLY USING A FLAG OF TRUCE- Any person subject to this chapter who uses a flag of truce to feign an intention to negotiate, surrender, or otherwise suspend hostilities when there is no such intention shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(19) IMPROPERLY USING A DISTINCTIVE EMBLEM- Any person subject to this chapter who intentionally uses a distinctive emblem recognized by the law of war for combatant purposes in a manner prohibited by the law of war shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(20) INTENTIONALLY MISTREATING A DEAD BODY- Any person subject to this chapter who intentionally mistreats the body of a dead person, without justification by legitimate military necessary, shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(21) RAPE- Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(22) SEXUAL ASSAULT OR ABUSE- Any person subject to this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may directCommentsClose CommentsPermalink





‘(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT- Any person subject to this chapter who intentionally seizes, exercises unauthorized control over, or endangers the safe navigation of a vessel or aircraft that is not a legitimate military objective shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(24) TERRORISM- Any person subject to this chapter who intentionally kills or inflicts great bodily harm on one or more protected persons, or intentionally engages in an act that evinces a wanton disregard for human life, in a manner calculated to influence or affect the conduct of government or civilian population by intimidation or coercion, or to retaliate against government conduct, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM-CommentsClose CommentsPermalink





‘(A) OFFENSE- Any person subject to this chapter who provides material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of terrorism (as set forth in paragraph (23) of this section), or who intentionally provides material support or resources to an international terrorist organization engaged in hostilities against the United States, knowing that such organization has engaged or engages in terrorism (as so set forth), shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(B) MATERIAL SUPPORT OR RESOURCES DEFINED- In this paragraph, the term ‘material support or resources’ has the meaning given that term in section 2339A(b) of title 18.CommentsClose CommentsPermalink





‘(26) WRONGFULLY AIDING THE ENEMY- Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(27) SPYING- Any person subject to this chapter who, in violation of the law of war and with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign power, collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished by death or such other punishment as a military commission under this chapter may direct.CommentsClose CommentsPermalink





‘(28) CONTEMPT- A military commission under this chapter may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder.CommentsClose CommentsPermalink





‘(29) PERJURY AND OBSTRUCTION OF JUSTICE- A military commission under this chapter may try offenses and impose such punishment as the military commission may direct for perjury, false testimony, or obstruction of justice related to the military commission.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Paragraph (13) of section 802 of title 10, United States Code (article 2 of the Uniform Code of Military Justice), is amended to read as follows:CommentsClose CommentsPermalink





‘(13) Privileged belligerents (as that term is defined section 948a(3) of this title) who violate the law of war.’.CommentsClose CommentsPermalink





(c) Proceedings Under Prior Statute-CommentsClose CommentsPermalink





(1) PRIOR CONVICTIONS- The amendments made by subsection (a) shall have no effect on the validity of any conviction pursuant to chapter 47A of title 10, United States Code, as such chapter was in effect on the day before the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) COMPOSITION OF MILITARY COMMISSIONS- Notwithstanding the amendments made by subsection (a)--CommentsClose CommentsPermalink





(A) any commission convened pursuant to chapter 47A of title 10, United States Code, as such chapter was in effect on the day before the date of the enactment of this Act, shall be deemed to have been convened pursuant to chapter 47A of title 10, United States Code, as amended by subsection (a);CommentsClose CommentsPermalink





(B) any member of the Armed Forces detailed to serve on a commission pursuant to chapter 47A of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code, as so amended;CommentsClose CommentsPermalink





(C) any military judge detailed to a commission pursuant to chapter 47A of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code, as so amended;CommentsClose CommentsPermalink





(D) any trial counsel or defense counsel detailed for a commission pursuant to chapter 47A of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code, as so amended; andCommentsClose CommentsPermalink





(E) any court reporters detailed to or employed by a commission pursuant to chapter 47A of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall be deemed to have been detailed or employed pursuant to chapter 47A of title 10, United States Code, as so amended.CommentsClose CommentsPermalink





(3) CHARGES AND SPECIFICATIONS- Notwithstanding the amendments made by subsection (a)--CommentsClose CommentsPermalink





(A) any charges or specifications sworn or referred pursuant to chapter 47A of title 10, United States Code, as such chapter was in effect on the day before the date of the enactment of this Act, shall be deemed to have been sworn or referred pursuant to chapter 47A of title 10, United States Code, as amended by subsection (a); andCommentsClose CommentsPermalink





(B) any charges or specifications described in subparagraph (A) may be amended, without prejudice, as needed to properly allege jurisdiction under chapter 47A of title 10, United States Code, as so amended, and crimes triable under such chapter.CommentsClose CommentsPermalink





(4) PROCEDURES AND REQUIREMENTS- Except as provided in paragraphs (1) through (3), any commission convened pursuant to chapter 47A of title 10, United States Code, as such chapter was in effect on the day before the date of the enactment of this Act, shall be conducted after the date of the enactment of this Act in accordance with the procedures and requirements of chapter 47A of title 10, United States Code, as amended by subsection (a).CommentsClose CommentsPermalink





(d) Notice to Congress-CommentsClose CommentsPermalink





(1) INITIAL RULES- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting for the procedures for military commissions prescribed under chapter 47A of title 10, United States Code, as amended by subsection (a).CommentsClose CommentsPermalink





(2) CHANGES TO PROCEDURES- Not later than 60 days before the date on which any proposed modification of the regulations in effect for military commissions under Chapter 47A of title 10, United States Code, as so amended, goes into effect, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the modification.CommentsClose CommentsPermalink

Subtitle E--Medical Facility MattersCommentsClose CommentsPermalink

SEC. 1041. SHORT TITLE.

This subtitle may be cited as the ‘Captain James A. Lovell Federal Health Care Center Act of 2009’.CommentsClose CommentsPermalink

SEC. 1042. EXECUTIVE AGREEMENT.

(a) Executive Agreement Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Navy, and the Secretary of Veterans Affairs shall execute a signed executive agreement for the joint use by the Department of Defense and the Department of Veterans Affairs of the following:CommentsClose CommentsPermalink





(1) A new Navy ambulatory care center (on which construction commenced in July 2008), parking structure, and supporting structures and facilities in North Chicago, Illinois, and Great Lakes, Illinois.CommentsClose CommentsPermalink





(2) Medical personal property and equipment relating to the center, structures, and facilities described in paragraph (1).CommentsClose CommentsPermalink





(b) Scope- The agreement required by subsection (a) shall--CommentsClose CommentsPermalink





(1) be a binding operational agreement on matters under the areas specified in section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500); andCommentsClose CommentsPermalink





(2) contain additional terms and conditions as required by the provisions of this title.CommentsClose CommentsPermalink

SEC. 1043. TRANSFER OF PROPERTY.

(a) Transfer-CommentsClose CommentsPermalink





(1) TRANSFER AUTHORIZED- The Secretary of Defense, acting through the Administrator of General Services, may transfer, without reimbursement, to the Secretary of Veterans Affairs jurisdiction over the center, structures, facilities, and property and equipment covered by the executive agreement under section 1042.CommentsClose CommentsPermalink





(2) DATE OF TRANSFER- The transfer authorized by paragraph (1) may not occur before the earlier of--CommentsClose CommentsPermalink





(A) the date that is five years after the date of the execution under section 1042 of the executive agreement required by that section; orCommentsClose CommentsPermalink





(B) the date of the completion of such specific benchmarks relating to the joint use by the Department of Defense and the Department of Veterans Affairs of the Navy ambulatory care center described in section 1042(a)(1) as the Secretary of Defense (in consultation with the Secretary of the Navy) and Secretary of the Department of Veterans Affairs shall jointly establish for purposes of this section not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(3) DELAY OF TRANSFER FOR COMPLETION OF CONSTRUCTION- If construction on the center, structures, and facilities described in paragraph (1) is not complete as of the date specified in subparagraph (A) or (B) of that paragraph, as applicable, the transfer of the center, structures, and facilities under that paragraph may occur thereafter upon completion of the construction.CommentsClose CommentsPermalink





(4) DISCHARGE OF TRANSFER- The Administrator of General Services shall effectualize and memorialize the transfer as authorized by this subsection not later than 30 days after receipt of the request for the transfer.CommentsClose CommentsPermalink





(5) DESIGNATION OF FACILITY- The center, structures, facilities transferred under this subsection shall be designated and known after transfer under this subsection as the ‘Captain James A. Lovell Federal Health Care Center’.CommentsClose CommentsPermalink





(b) Reversion-CommentsClose CommentsPermalink





(1) IN GENERAL- If any of the real and related personal property transferred pursuant to subsection (a) is subsequently used for purposes other than those specified in the executive agreement required by section 1042, or is otherwise jointly determined by the Secretary of Defense and the Secretary of Veterans Affairs to be excess to the needs of the Captain James A. Lovell Federal Health Care Center, the Secretary of Veterans Affairs shall offer to transfer jurisdiction over such property, without reimbursement, to the Secretary of Defense. Any such transfer shall be carried out by the Administrator of General Services not later than one year after the acceptance of the offer of such transfer, plus such additional time as the Administrator may require to effectuate and memorialize such transfer.CommentsClose CommentsPermalink





(2) REVERSION IN EVENT OF LACK OF FACILITIES INTEGRATION-CommentsClose CommentsPermalink





(A) WITHIN INITIAL PERIOD- During the five-year period beginning on the date of the transfer of real and related personal property pursuant to subsection (a), if the Secretary of Veterans Affairs, the Secretary of Defense, and the Secretary of Navy jointly determine that the integration of the facilities transferred pursuant to that subsection should not continue, jurisdiction over such real and related personal property shall be transferred, without reimbursement, to the Secretary of Defense. The transfer under this subparagraph shall be carried out by the Administrator of General Services not later than 180 days after the date of the determination by the Secretaries, plus such additional time as the Administrator may require to effectuate and memorialize such transfer.CommentsClose CommentsPermalink





(B) AFTER INITIAL PERIOD- After the end of the five-year period described in subparagraph (A), if the Secretary of Veterans Affairs or the Secretary of Defense determines that the integration of the facilities transferred pursuant to subsection (a) should not continue, the Secretary of Veterans Affairs shall transfer, without reimbursement, to the Secretary of Defense jurisdiction over the real and related personal property described in subparagraph (A). Any transfer under this subparagraph shall be carried out by the Administrator of General Services not later than one year after the date of the determination by the applicable Secretary, plus such additional time as the Administrator may require to effectuate and memorialize such transfer.CommentsClose CommentsPermalink





(C) REVERSION PROCEDURES- The executive agreement required by section 1042 shall provide the following:CommentsClose CommentsPermalink





(i) Specific procedures for the reversion of real and related personal property, as appropriate, transferred pursuant to subsection (a) to ensure the continuing accomplishment by the Department of Defense and the Department of Veterans Affairs of their missions in the event that the integration of facilities described transferred pursuant to that subsection (a) is not completed or a reversion of property occurs under subparagraph (A) or (B).CommentsClose CommentsPermalink





(ii) In the event of a reversion under this paragraph, the transfer from the Department of Veterans Affairs to the Department of Defense of associated functions including appropriate resources, civilian positions, and personnel, in a manner that will not result in adverse impact to the missions of Department of Defense or the Department of Veterans Affairs.CommentsClose CommentsPermalink

SEC. 1044. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.

(a) Transfer of Functions- The Secretary of Defense and the Secretary of the Navy may transfer to the Secretary of Veterans Affairs functions necessary for the effective operation of the Captain James A. Lovell Federal Health Care Center. The Secretary of Veterans Affairs may accept any functions so transferred.CommentsClose CommentsPermalink





(b) Terms-CommentsClose CommentsPermalink





(1) EXECUTIVE AGREEMENT- Any transfer of functions under subsection (a) shall be carried out as provided in the executive agreement required by section 1042. The functions to be so transferred shall be identified utilizing the provisions of section 3503 of title 5, United States Code.CommentsClose CommentsPermalink





(2) ELEMENTS- In providing for the transfer of functions under subsection (a), the executive agreement required by section 1042 shall provide for the following:CommentsClose CommentsPermalink





(A) The transfer of civilian employee positions of the Department of Defense identified in the executive agreement to the Department of Veterans Affairs, and of the incumbent civilian employees in such positions, and the transition of the employees so transferred to the pay, benefits, and personnel systems that apply to employees of the Department of Veterans Affairs (to the extent that different systems apply).CommentsClose CommentsPermalink





(B) The transition of employees so transferred to the pay systems of the Department of Veterans Affairs in a manner which will not result in any reduction in an employee’s regular rate of compensation (including basic pay, locality pay, any physician comparability allowance, and any other fixed and recurring pay supplement) at the time of transition.CommentsClose CommentsPermalink





(C) The continuation after transfer of the same employment status for employees so transferred who have already successfully completed or are in the process of completing a one-year probationary period under title 5, United States Code, notwithstanding the provisions of section 7403(b)(1) of title 38, United States Code.CommentsClose CommentsPermalink





(D) The extension of collective bargaining rights under title 5, United States Code, to employees so transferred in positions listed in subsection 7421(b) of title 38, United States Code, notwithstanding the provisions of section 7422 of title 38, United States Code, for a two-year period beginning on the effective date of the executive agreement.CommentsClose CommentsPermalink





(E) At the end of the two-year period beginning on the effective date of the executive agreement, for the following actions by the Secretary of Veterans Affairs with respect to the extension of collective bargaining rights under subparagraph (D):CommentsClose CommentsPermalink





(i) Consideration of the impact of the extension of such rights.CommentsClose CommentsPermalink





(ii) Consultation with exclusive employee representatives of the transferred employees about such impact.CommentsClose CommentsPermalink





(iii) Determination, after consultation with the Secretary of Defense and the Secretary of the Navy, whether the extension of such rights should be terminated, modified, or kept in effect.CommentsClose CommentsPermalink





(iv) Submittal to Congress of a notice regarding the determination made under clause (iii).CommentsClose CommentsPermalink





(F) The recognition after transfer of each transferred physician’s and dentist’s total number of years of service as a physician or dentist in the Department of Defense for purposes of calculating such employee’s rate of base pay, notwithstanding the provisions of section 7431(b)(3) of title 38, United States Code.CommentsClose CommentsPermalink





(G) The preservation of the seniority of the employees so transferred for all pay purposes.CommentsClose CommentsPermalink





(c) Retention of Department of Defense Employment Authority- Notwithstanding subsections (a) and (b), the Department of Defense may employ civilian personnel at the Captain James Lovell Federal Health Care Center if the Secretary of the Navy, or a designee of the Secretary, determines it is necessary and appropriate to meet mission requirements of the Department of the Navy.CommentsClose CommentsPermalink

SEC. 1045. JOINT FUNDING AUTHORITY FOR THE CAPTAIN JAMES A. LOVELL FEDERAL HEALTH CARE CENTER.

(a) In General- The Department of Veterans Affairs/Department of Defense Health-Care Resources Sharing Committee under section 8111(b) of title 38, United States Code, may provide for the joint funding of the Captain James A. Lovell Federal Health Care Center in accordance with the provisions of this section.CommentsClose CommentsPermalink





(b) Health Care Center Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established on the books of the Treasury under the Department of Veterans Affairs a fund to be known as the ‘Captain James A. Lovell Federal Health Care Center Fund’ (in this section referred to as the ‘Fund’).CommentsClose CommentsPermalink





(2) ELEMENTS- The Fund shall consist of the following:CommentsClose CommentsPermalink





(A) Amounts transferred to the Fund by the Secretary of Defense, in consultation with the Secretary of the Navy, from amounts authorized to be appropriated for the Department of Defense.CommentsClose CommentsPermalink





(B) Amounts transferred to the Fund by the Secretary of Veterans Affairs from amounts authorized to be appropriated for the Department of Veterans Affairs.CommentsClose CommentsPermalink





(C) Amounts transferred to the Fund from medical care collections under paragraph (4).CommentsClose CommentsPermalink





(3) DETERMINATION OF AMOUNTS TRANSFERRED GENERALLY- The amount transferred to the Fund by each of the Secretary of Defense and the Secretary of Veterans Affairs under subparagraphs (A) and (B), as applicable, of paragraph (2) each fiscal year shall be such amount, as determined by a methodology jointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection, that reflects the mission-specific activities, workload, and costs of provision of health care at the Captain James A. Lovell Federal Health Care Center of the Department of Defense and the Department of Veterans Affairs, respectively.CommentsClose CommentsPermalink





(4) TRANSFERS FROM MEDICAL CARE COLLECTIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Amounts collected under the authorities specified in subparagraph (B) for health care provided at the Captain James A. Lovell Federal Health Care Center may be transferred to the Fund under paragraph (2)(C).CommentsClose CommentsPermalink





(B) AUTHORITIES- The authorities specified in this subparagraph are the following:CommentsClose CommentsPermalink





(i) Section 1095 of title 10, United States Code.CommentsClose CommentsPermalink





(ii) Section 1729 of title 38, United States Code.CommentsClose CommentsPermalink





(iii) Public Law 87-693, popularly known as the ‘Federal Medical Care Recovery Act’ (42 U.S.C. 2651 et seq.).CommentsClose CommentsPermalink





(5) ADMINISTRATION- The Fund shall be administered in accordance with such provisions of the executive agreement required by section 1042 as the Secretary of Defense and the Secretary of Veterans Affairs shall jointly include in the executive agreement. Such provisions shall provide for an independent review of the methodology established under paragraph (3).CommentsClose CommentsPermalink





(c) Availability-CommentsClose CommentsPermalink





(1) IN GENERAL- Funds transferred to the Fund under subsection (b) shall be available to fund the operations of the Captain James A. Lovell Federal Health Care Center, including capital equipment, real property maintenance, and minor construction projects that are not required to be specifically authorized by law under section 2805 of title 10, United States Code, or section 8104 of title 38, United States Code.CommentsClose CommentsPermalink





(2) LIMITATION- The availability of funds transferred to the Fund under subsection (b)(2)(C) shall be subject to the provisions of section 1729A of title 38, United States Code.CommentsClose CommentsPermalink





(3) PERIOD OF AVAILABILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), funds transferred to the Fund under subsection (b) shall be available under paragraph (1) for one fiscal year after transfer.CommentsClose CommentsPermalink





(B) EXCEPTION- Of an amount transferred to the Fund under subsection (b), an amount not to exceed two percent of such amount shall be available under paragraph (1) for two fiscal years after transfer.CommentsClose CommentsPermalink





(d) Financial Reconciliation- The executive agreement required by section 1042 shall provide for the development and implementation of an integrated financial reconciliation process that meets the fiscal reconciliation requirements of the Department of Defense, the Department of the Navy, and the Department of Veterans Affairs. The process shall permit each of the Department of Defense, the Department of Navy, and the Department of Veterans Affairs to identify their fiscal contributions to the Fund, taking into consideration accounting, workload, and financial management differences.CommentsClose CommentsPermalink





(e) Annual Report- The Secretary of Defense, in consultation with the Secretary of the Navy, and the Secretary of Veterans Affairs shall jointly provide for an annual independent review of the Fund for at least three years after the date of the enactment of this Act. Such review shall include detailed statements of the uses of amounts of the Fund and an evaluation of the adequacy of the proportional share contributed to the Fund by each of the Secretary of Defense and the Secretary of Veterans Affairs.CommentsClose CommentsPermalink





(f) Termination- The authorities in this section shall terminate on September 30, 2015.CommentsClose CommentsPermalink

SEC. 1046. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES FOR CARE AND SERVICES AT THE CAPTAIN JAMES A. LOVELL FEDERAL HEALTH CARE CENTER.

(a) In General- For purposes of eligibility for health care under chapter 55 of title 10, United States Code, the Captain James A. Lovell Federal Health Care Center may be treated as a facility of the uniformed services to the extent provided under subsection (b) in the executive agreement required by section 1042.CommentsClose CommentsPermalink





(b) Additional Elements- The executive agreement required by section 1042 may include provisions as follows:CommentsClose CommentsPermalink





(1) To establish an integrated priority list for access to health care at the Captain James A. Lovell Federal Health Care Center, which list shall--CommentsClose CommentsPermalink





(A) integrate the respective health care priority lists of the Secretary of Defense and the Secretary of Veterans Affairs; andCommentsClose CommentsPermalink





(B) take into account categories of beneficiaries, enrollment program status, and such other matters as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate.CommentsClose CommentsPermalink





(2) To incorporate any resource-related limitations for access to health care at the Captain James A. Lovell Federal Health Care Center that the Secretary of Defense may establish for purposes of administering space-available eligibility for care in facilities of the uniformed services under chapter 55 of title 10, United States Code.CommentsClose CommentsPermalink





(3) To allocate financial responsibility for care provided at the Captain James A. Lovell Federal Health Care Center for individuals who are eligible for care under both chapter 55 of title 10, United States Code, and title 38, United States Code.CommentsClose CommentsPermalink





(4) To waive the applicability to the Captain James A. Lovell Federal Health Care Center of any provision of section 8111(e) of title 38, United States Code, that the Secretary of Defense and the Secretary of Veterans Affairs shall jointly specify.CommentsClose CommentsPermalink

SEC. 1047. EXTENSION OF DOD-VA HEALTH CARE SHARING INCENTIVE FUND.

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

Subtitle F--Miscellaneous Requirements, Authorities, and LimitationsCommentsClose CommentsPermalink

SEC. 1051. CONGRESSIONAL EARMARKS RELATING TO THE DEPARTMENT OF DEFENSE.

(a) Report on Recurring Earmarks-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a list of each congressional earmark that has been included in a national defense authorization Act for three or more consecutive fiscal years as of the national defense authorization Act for fiscal year 2010.CommentsClose CommentsPermalink





(2) ELEMENTS- The report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) A description of the extent to which competitive or merit-based procedures were used to award funding, or to enter into a contract, grant, or other agreement, pursuant to each congressional earmark listed in the report.CommentsClose CommentsPermalink





(B) An identification of the specific contracting vehicle used for each such earmark.CommentsClose CommentsPermalink





(C) In the case of any congressional earmark listed in the report for which competitive or merit-based procedures were not used to award funding, or to enter the contract, grant, or other agreement, a statement of the reasons competitive or merit-based procedures were not used.CommentsClose CommentsPermalink





(b) DoD Inspector General Audit of Earmarks- The Inspector General of the Department of Defense shall conduct an audit of contracts, grants, or other agreements pursuant to congressional earmarks of Department of Defense funds to determine whether or not the recipients of such earmarks are complying with requirements of Federal law on the use of appropriated funds to influence, whether directly or indirectly, congressional action on any legislation or appropriation matter pending before Congress.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘congressional earmark’ means any congressionally directed spending item (Senate) or congressional earmark (House of Representatives) on the list published in compliance with rule XLIV of the Standing Rules of the Senate or rule XXI of the Rules of the House of Representatives.CommentsClose CommentsPermalink





(2) The term ‘national defense authorization Act’ means an Act authorizing funds for a fiscal year for the military activities of the Department of Defense, and for other purposes.CommentsClose CommentsPermalink

SEC. 1052. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING THE NUCLEAR FORENSIC AND ATTRIBUTION CAPABILITIES OF THE UNITED STATES.

(a) In General- The President, with the participation of the officials specified in subsection (c), shall develop a national strategic plan for improving over a five-year period the nuclear forensic and attribution capabilities of the United States and the methods, capabilities, and capacity for nuclear materials forensics and attribution.CommentsClose CommentsPermalink





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





(1) An investment plan to support nuclear materials forensics and attribution.CommentsClose CommentsPermalink





(2) Recommendations with respect to--CommentsClose CommentsPermalink





(A) the allocation of roles and responsibilities for pre-detonation, detonation, and post-detonation activities; andCommentsClose CommentsPermalink





(B) methods for the attribution of nuclear or radiological material to the source when such material is intercepted by the United States, foreign governments, or international bodies or is dispersed in the course of a terrorist attack or other nuclear or radiological explosion.CommentsClose CommentsPermalink





(c) Officials- The officials specified in this subsection are the following:CommentsClose CommentsPermalink





(1) The Secretary of Homeland Security.CommentsClose CommentsPermalink





(2) The Secretary of Defense.CommentsClose CommentsPermalink





(3) The Secretary of Energy.CommentsClose CommentsPermalink





(4) The Attorney General.CommentsClose CommentsPermalink





(5) The Secretary of State.CommentsClose CommentsPermalink





(6) The Director of National Intelligence.CommentsClose CommentsPermalink





(7) Such other officials as the President considers appropriate.CommentsClose CommentsPermalink





(d) Submittal to Congress- Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the plan required under subsection (a).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.

Section 127b(c)(3)(C) of title 10, United States Code, is amended by striking ‘September, 30, 2009’ and inserting ‘September, 30, 2010’.CommentsClose CommentsPermalink

SEC. 1054. BUSINESS PROCESS REENGINEERING.

(a) New Programs- Section 2222 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;CommentsClose CommentsPermalink





(B) by inserting before paragraph (2), as redesignated by subparagraph (A) of this subsection, the following new paragraph (1):CommentsClose CommentsPermalink





‘(1) the appropriate chief management officer for the defense business system modernization has determined whether or not--CommentsClose CommentsPermalink





‘(A) the defense business system modernization is in compliance with the enterprise architecture developed under subsection (c); andCommentsClose CommentsPermalink





‘(B) appropriate business process reengineering efforts have been undertaken to ensure that--CommentsClose CommentsPermalink





‘(i) the business process to be supported by the defense business system modernization will be as streamlined and efficient as practicable; andCommentsClose CommentsPermalink





‘(ii) the need to tailor commercial-off-the-shelf systems to meet unique requirements or incorporate unique interfaces has been eliminated or reduced to the maximum extent practicable;’;CommentsClose CommentsPermalink





(C) in paragraph (2), as redesignated by subparagraph (A) of this subsection, by striking subparagraph (A) and inserting the following new subparagraph (A):CommentsClose CommentsPermalink





‘(A) has been determined by the appropriate chief management officer to be in compliance with the requirements of paragraph (1);’; andCommentsClose CommentsPermalink





(D) in paragraph (3), as redesignated by subparagraph (A) of this paragraph, by striking ‘the certification by the approval authority is’ and inserting ‘the certification by the approval authority and the determination by the chief management officer are’; andCommentsClose CommentsPermalink





(2) in subsection (f)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively;CommentsClose CommentsPermalink





(B) by inserting ‘(1)’ before ‘The Secretary of Defense’;CommentsClose CommentsPermalink





(C) in subparagraph (E) of paragraph (1), as designated by this paragraph, by striking ‘paragraphs (1) through (4)’ and inserting ‘subparagraphs (A) through (D)’; andCommentsClose CommentsPermalink





(D) by adding at the end the following new paragraph (2):CommentsClose CommentsPermalink





‘(2) For purposes of subsection (a), the appropriate chief management officer for a defense business system modernization is as follows:CommentsClose CommentsPermalink





‘(A) In the case of an Army program, the Chief Management Officer of the Army.CommentsClose CommentsPermalink





‘(B) In the case of a Navy program, the Chief Management Officer of the Navy.CommentsClose CommentsPermalink





‘(C) In the case of an Air Force program, the Chief Management Officer of the Air Force.CommentsClose CommentsPermalink





‘(D) In the case of a program of a Defense Agency, the Deputy Chief Management Officer of the Department of Defense.CommentsClose CommentsPermalink





‘(E) In the case of a program that will support the business processes of more than one military department or Defense Agency, the Deputy Chief Management Officer of the Department of Defense.’.CommentsClose CommentsPermalink





(b) Ongoing Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than one year after the date of the enactment of this Act, the appropriate chief management officer for each defense business system modernization approved by the Defense Business Systems Management Committee before the date of the enactment of this Act that will have a total cost in excess of $100,000,000 shall review such defense business system modernization to determine whether or not appropriate business process reengineering efforts have been undertaken to ensure that--CommentsClose CommentsPermalink





(A) the business process to be supported by such defense business system modernization will be as streamlined and efficient as practicable; andCommentsClose CommentsPermalink





(B) the need to tailor commercial-off-the-shelf systems to meet unique requirements or incorporate unique interfaces has been eliminated or reduced to the maximum extent practicable.CommentsClose CommentsPermalink





(2) ACTION ON FINDING OF LACK OF REENGINEERING EFFORTS- If the appropriate chief management officer determines that appropriate business process reengineering efforts have not been undertaken with regard to a defense business system modernization as described in paragraph (1), that chief management officer--CommentsClose CommentsPermalink





(A) shall develop a plan to undertake business process reengineering efforts with respect to the defense business system modernization; andCommentsClose CommentsPermalink





(B) may direct that the defense business system modernization be restructured or terminated, if necessary to meet the requirements of paragraph (1).CommentsClose CommentsPermalink





(3) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) The term ‘appropriate chief management officer’, with respect to a defense business system modernization, has the meaning given that term in paragraph (2) of subsection (f) of section 2222 of title 10, United States Code (as amended by subsection (a)(2) of this section).CommentsClose CommentsPermalink





(B) The term ‘defense business system modernization’ has the meaning given that term in subsection (j)(3) of section 2222 of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 1055. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL POSITIONING SYSTEM REPORT.

(a) In General- Section 2281(d) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘the Secretary of Defense’ and inserting ‘the Secretary of CommerceDeputy Secretary of Defense and the Deputy Secretary of Transportation, in their capacity as co-chairs of the National Executive Committee for Space-Based Positioning, Navigation, and Timing,’; andCommentsClose CommentsPermalink





(B) by striking ‘the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives’ and inserting ‘Congresthe Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives’; andCommentsClose CommentsPermalink





(2) by striking paragraph (2) and inserting the following new paragraph (2):CommentsClose CommentsPermalink





‘(2) In preparing each report required under paragraph (1), the Secretary of CommerceDeputy Secretary of Defense and the Deputy Secretary of Transportation, in their capacity as co-chairs of the National Executive Committee for Space-Based Positioning, Navigation, and Timing, shall consult with the Secretary of Defense, the Secretary of State, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security.’.CommentsClose CommentsPermalink





(b) Technical Amendments- Paragraph (1)(B)(ii) of such section is amended--CommentsClose CommentsPermalink





(1) by inserting ‘validated’ before ‘performance requirements’; andCommentsClose CommentsPermalink





(2) by inserting ‘in accordance with Office of Management and Budget Circular A-109’ after ‘Plan’.CommentsClose CommentsPermalink

SEC. 1056. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.

Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 8) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(i)(1) The Inspector General of the Department of Defense is authorized to require by subpoena the attendance and testimony of witnesses necessary to carry out an audit or investigation pursuant to the authorities of this Act.CommentsClose CommentsPermalink





‘(2) A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court.CommentsClose CommentsPermalink





‘(3) The Inspector General shall consult with the Attorney General before issuing any subpoena under this section, and shall not proceed with the issuance of such a subpoena if the Attorney General objects.’.CommentsClose CommentsPermalink

SEC. 1057. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEM ACQUISITION PROGRAMS.

Section 1047(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4603; 10 U.S.C. 2366b note) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs, as so redesignated, four ems from the left margin;CommentsClose CommentsPermalink





(2) by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) REPORTS- Not later than January 1 each year, the Secretary of Defense and the Director of National Intelligence shall each submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on any determinations made under paragraph (1) with respect to meeting the bandwidth requirements for major defense acquisition programs and major system acquisition programs during the preceding fiscal year.’.CommentsClose CommentsPermalink

SEC. 1058. MULTIYEAR CONTRACTS UNDER PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR REFUELING SUPPORT FOR THE AIR FORCE.

(a) Multiyear Contracts Authorized- The Secretary of the Air Force may enter into one or more multiyear contracts, beginning with the fiscal year 2011 program year, for purposes of conducting the pilot program on utilizing commercial fee-for-service air refueling tanker aircraft for Air Force operations required by section 1081 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 335).CommentsClose CommentsPermalink





(b) Compliance With Law Applicable to Multiyear Contracts- Any contract entered into under subsection (a) shall be entered into in accordance with the provisions of section 2306c of title 10, United States Code, except that--CommentsClose CommentsPermalink





(1) the term of the contract may not be more than 8 years;CommentsClose CommentsPermalink





(2) notwithstanding subsection 2306c(b) of title 10, United States Code, the authority under subsection 2306c(a) of title 10, United States Code, shall apply to the fee-for-service air refueling pilot program;CommentsClose CommentsPermalink





(3) the contract may contain a clause setting forth a cancellation ceiling in excess of $100,000,000; andCommentsClose CommentsPermalink





(4) the contract may provide for an unfunded contingent liability in excess of $20,000,000.CommentsClose CommentsPermalink





(c) Compliance With Law Applicable to Service Contracts- A contract entered into under subsection (a) shall be entered into in accordance with the provisions of section 2401 of title 10, United States Code, except that--CommentsClose CommentsPermalink





(1) the Secretary shall not be required to certify to the congressional defense committees that the contract is the most cost-effective means of obtaining commercial fee-for-service air refueling tanker aircraft for Air Force operations; andCommentsClose CommentsPermalink





(2) the Secretary shall not be required to certify to the congressional defense committees that there is no alternative for meeting urgent operational requirements other than making the contract.CommentsClose CommentsPermalink





(d) Limitation on Amount- The amount of a contract under subsection (a) may not exceed $999,999,999.CommentsClose CommentsPermalink





(e) Provision of Government Insurance- A commercial air operator contracting with the Department of Defense under the pilot program referred to in subsection (a) shall be eligible to receive government provided insurance pursuant to chapter 443 of title 49, United States Code, if commercial insurance is unavailable on reasonable terms and conditions.CommentsClose CommentsPermalink

Subtitle G--ReportsCommentsClose CommentsPermalink

SEC. 1071. NATIONAL INTELLIGENCE ESTIMATE ON NUCLEAR ASPIRATIONS OF NON-STATE ENTITIES AND NUCLEAR WEAPONS AND RELATED PROGRAMS IN NON-NUCLEAR-WEAPONS STATES AND COUNTRIES NOT PARTIES TO THE NUCLEAR NON-PROLIFERATION TREATY.

(a) In General- The Director of National Intelligence shall prepare a national intelligence estimate (NIE) on the following:CommentsClose CommentsPermalink





(1) The nuclear weapons programs and any related programs of countries that are non-nuclear-weapons state parties to the Treaty on Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the ‘Nuclear Non-Proliferation Treaty’) and countries that are not parties to the Treaty.CommentsClose CommentsPermalink





(2) The nuclear weapons aspirations of such non-state entities as the Director considers appropriate to include in the estimate.CommentsClose CommentsPermalink





(b) Elements- The national intelligence estimate required under subsection (a) shall include, with respect to each country described in subsection (a)(1) and each non-state entity referred to in subsection (a)(2), the following:CommentsClose CommentsPermalink





(1) A statement of the number of nuclear weapons possessed by such country or non-state entity.CommentsClose CommentsPermalink





(2) An estimate of the total number of nuclear weapons that such country or non-state entity seeks to obtain and, in the case of such non-state entity, an assessment of the extent to which such non-state entity is seeking to develop a nuclear weapon or device or radiological dispersion device.CommentsClose CommentsPermalink





(3) A description of the technical characteristics of any nuclear weapons possessed by such country or non-state entity.CommentsClose CommentsPermalink





(4) A description of nuclear weapons designs available to such country or non-state entity.CommentsClose CommentsPermalink





(5) A description of any sources of assistance with respect to nuclear weapons design provided to such country or non-state entity.CommentsClose CommentsPermalink





(6) An assessment of the annual capability of such country and non-state entity to produce new or newly designed nuclear weapons.CommentsClose CommentsPermalink





(7) A description of the type of fissile materials used in any nuclear weapons possessed by such country or non-state entity.CommentsClose CommentsPermalink





(8) An description of the location and production capability of any fissile materials production facilities in such country or controlled by such non-state entity, the current status of any such facilities, and any plans by such country or non-state entity to develop such facilities.CommentsClose CommentsPermalink





(9) An identification of the source of any fissile materials used by such country or non-state entity, if such materials are not produced in facilities referred to in paragraph (8).CommentsClose CommentsPermalink





(10) A description of any delivery systems available to such country or non-state entity and an assessment of whether nuclear warheads have been mated to any such delivery system.CommentsClose CommentsPermalink





(11) An assessment of the physical security of the storage facilities for nuclear weapons in such country or controlled by such non-state entity.CommentsClose CommentsPermalink





(12) An assessment of whether such country or non-state entity is modernizing or otherwise improving the safety, security, and reliability of the nuclear weapons stockpile of such country or non-state entity.CommentsClose CommentsPermalink





(13) In the case of a country, an assessment of the policy of such country on the employment and use of nuclear weapons.CommentsClose CommentsPermalink





(c) Submittal to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the Director of National Intelligence shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives the national intelligence estimate required under subsection (a) by not later than September 1, 2010.CommentsClose CommentsPermalink





(2) NOTIFICATION OF DELAY IN SUBMITTAL- If the Director of National Intelligence determines that it will not be possible for the Director to submit the national intelligence estimate by September 1, 2010, the Director shall, not later than August 1, 2010, submit to the committees specified in paragraph (1) a notice--CommentsClose CommentsPermalink





(A) that the national intelligence estimate will not be submitted by September 1, 2010; andCommentsClose CommentsPermalink





(B) setting forth the date by which the Director will submit the national intelligence estimate.CommentsClose CommentsPermalink

SEC. 1072. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT OF MILITARY WHISTLEBLOWER PROTECTIONS.

(a) Review- The Comptroller General of the United States shall conduct a review of military whistleblower protections afforded to members of the Armed Services by the Department of Defense. The review shall include an analysis of the following:CommentsClose CommentsPermalink





(1) A sample of military whistleblower cases at the Office of the Inspector General of the Department of Defense, as well as one or more Offices of the Inspector General of a military department (as selected by the Comptroller General for the purposes of this section).CommentsClose CommentsPermalink





(2) Department-wide efforts to educate and inform members of the Armed Forces about the protections provided to them under section 1034 of title 10, United States Code.CommentsClose CommentsPermalink





(3) A sample of military whistleblower reprisal appeals (as selected by the Comptroller General for the purposes of this section) heard by the Boards for the Correction of Military Records referred to in section 1552 of title 10, United States Code, of each military department.CommentsClose CommentsPermalink





(b) Report- Not later than December 1, 2009, the Comptroller General shall submit a report on the review and analysis conducted under subsection (a) to the Chairman and Ranking Minority Member of each of the following:CommentsClose CommentsPermalink





(1) The Committees on Armed Services, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.CommentsClose CommentsPermalink





(2) The Committees on Armed Services, Homeland Security, and the Judiciary of the House of Representatives.CommentsClose CommentsPermalink

Subtitle H--Other MattersCommentsClose CommentsPermalink

SEC. 1081. TRANSFER OF NAVY AIRCRAFT N40VT.

(a) Authority To Transfer-CommentsClose CommentsPermalink





(1) AUTHORITY- Subject to all applicable Federal laws and regulations controlling the disposition of Federal property, the Secretary of the Navy may transfer to Piasecki Aircraft Corporation of Essington, Pennsylvania (in this section referred to as the ‘transferee’), Navy aircraft N40VT (Bureau Number 163283) and associated components, test equipment, and engines, previously specified as Government-furnished equipment in contract N00019-00-C-0284.CommentsClose CommentsPermalink





(2) WRITTEN AGREEMENT- The transfer under this subsection shall be made by means of a written agreement.CommentsClose CommentsPermalink





(3) APPLICABLE LAW- The transfer or use of military equipment is subject to all applicable United State laws and regulations, including, but not limited to, the Arms Export Control Act, the Export Administration Act of 1979, continued under Executive Order 12924, International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), Export Administration Regulations (15 C.F.R. 730 et seq.), Foreign Assets Control Regulations (31 C.F.R. 500 et seq.), and the Espionage Act.CommentsClose CommentsPermalink





(b) Certification Required for Disposal of Combatant Military Equipment- No military equipment described by subsection (a) that is military equipment of a combatant command may be transferred under subsection (a) unless the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Commandant of the Marine Corps, as applicable, certifies that such equipment is not essential to the defense of the United States.CommentsClose CommentsPermalink





(c) Condition of Equipment To Be Transferred- The military equipment transferred under subsection (a) shall be transferred in its current ‘as is’ condition. The Secretary is not required to repair or alter the condition of any military equipment before transferring any interest in such equipment under subsection (a).CommentsClose CommentsPermalink





(d) Transfer at No Cost to the United States- The transfer of military equipment under subsection (a) shall be made at no cost to the United States. Any costs associated with the transfer shall be borne by the transferee.CommentsClose CommentsPermalink





(e) Government Rights- The Secretary shall include in the written agreement under subsection (a)(2) such terms and conditions as the Secretary considers appropriate--CommentsClose CommentsPermalink





(1) to permit the United States to use any future technologies derived from testing of military equipment transferred under subsection (a), including upon the transfer of such military equipment to a successor in interest of the transferee; andCommentsClose CommentsPermalink





(2) to retain for the Government all technical data rights associated with military equipment transferred under subsection (a).CommentsClose CommentsPermalink





(f) Consideration- As consideration for the transfer of military equipment under subsection (a), the transferee shall provide compensation to the United States, the value of which is equal to the fair market value of such military equipment, as determined by the Secretary. The Secretary may not delegate the authority to make the determination required by the preceding sentence.CommentsClose CommentsPermalink





(g) No Liability for the United States- Upon the transfer of military equipment under subsection (a), the United States shall not be liable for any death, injury, loss, or damage that results from the use of such military equipment by any person other than the United States.CommentsClose CommentsPermalink





(h) Reverter Upon Breach of Conditions- The Secretary shall include in the written agreement under subsection (a)(2) the following:CommentsClose CommentsPermalink





(1) A condition that the transferee not transfer any interest in, or transfer possession of, the military equipment transferred under subsection (a) to any other party without the prior written approval of the Secretary.CommentsClose CommentsPermalink





(2) A condition that the transferee operate or maintain, as applicable, the military equipment transferred under subsection (a) in compliance with all applicable limitations and maintenance requirements under law.CommentsClose CommentsPermalink





(3) A condition that if the Secretary determines at any time that the transferee has failed to comply with a condition set forth in paragraph (1) or (2), all right, title, and interest in and to the military equipment transferred under subsection (a), including any repair or alteration of the military equipment by the transferee or otherwise, shall revert to the United States, and the United States shall have the right of immediate possession of the military equipment.CommentsClose CommentsPermalink





(i) Limitation on Transfer Pending Notice to Congress-CommentsClose CommentsPermalink





(1) LIMITATION- A transfer of military equipment under subsection (a) may not occur until--CommentsClose CommentsPermalink





(A) notice of the proposal to make the transfer is sent to Congress; andCommentsClose CommentsPermalink





(B) 60 days of continuous session of Congress have expired following the date on which such notice is sent to Congress.CommentsClose CommentsPermalink





(2) CALCULATION OF CONTINUOUS SESSION- For purposes of paragraph (1)(B), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which the either House is not in session because of adjournment of more than 3 days to a day certain are excluded in the computation of such 60-day period.CommentsClose CommentsPermalink





(j) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with a transfer under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.CommentsClose CommentsPermalink

SEC. 1082. TRANSFER OF BIG CROW AIRCRAFT.

(a) In General- The Secretary of the Air Force may convey to an appropriate private entity the right, title, and interest of the United States in and to the Big Crow aircraft referred to in subsection (b) in order to permit the continuation of the purpose of such aircraft at the time of their retirement in and through such private entity after conveyance if the Secretary and the Under Secretary of Defense for Acquisition, Technology, and Logistics jointly determine that it is in the interests of the Department of Defense to do so.CommentsClose CommentsPermalink





(b) Covered Big Crow Aircraft- The Big Crow aircraft referred to in this subsection are the recently-retired aircraft as follows:CommentsClose CommentsPermalink





(1) Big Crow aircraft NC-135E, tail number 55-3132.CommentsClose CommentsPermalink





(2) Big Crow aircraft NC-135B, tail number 63-8050.CommentsClose CommentsPermalink





(c) Conditions of Conveyance-CommentsClose CommentsPermalink





(1) IN GENERAL- Any conveyance of Big Crow aircraft under subsection (a) shall be for such consideration as the Secretary considers appropriate. The Secretary shall provide for any aircraft so conveyed to be conveyed in ‘as-is’ condition at the time of conveyance, with all classified and other sensitive equipment removed from such aircraft before conveyance.CommentsClose CommentsPermalink





(2) NO LIABILITY FOR THE UNITED STATES- Notwithstanding any other provision of law, upon the conveyance of a Big Crow aircraft under subsection (a), the United States shall not be liable for any death, injury, loss, or damage that results from the use of the aircraft by any person other than the United States.CommentsClose CommentsPermalink





(d) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.CommentsClose CommentsPermalink

TITLE XI--CIVILIAN PERSONNEL MATTERSCommentsClose CommentsPermalink

Subtitle A--PersonnelCommentsClose CommentsPermalink

SEC. 1101. REPEAL OF NATIONAL SECURITY PERSONNEL SYSTEM; DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES.

(a) Repeal of Authority To Establish National Security Personnel System- Section 9902 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsections (a), (b), (c), (d), (e), (i), and (j); andCommentsClose CommentsPermalink





(2) by redesignating subsections (f), (g), and (h) as subsections (d), (e), and (f) respectively.CommentsClose CommentsPermalink





(b) Period for Termination of National Security Personnel System-CommentsClose CommentsPermalink





(1) APPLICABILITY OF PRIOR LAW TO UNITS IN NSPS- Notwithstanding the amendments made by this section, the provisions of section 9902 of title 5, United States Code, as in effect on the day before the date of the enactment of this Act, shall apply to organizational and functional units included in the National Security Personnel System as of January 20, 2009, for a period of one year after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) TRANSITION OF UNITS FROM NSPS- The Secretary of Defense shall ensure the orderly transition of all organizational and functional units covered by paragraph (1) from the National Security Personnel System by not later than one year after the date of the enactment of this Act. The Secretary shall ensure that no employee is subject to a reduction in pay as a result of such transition.CommentsClose CommentsPermalink





(3) REMOVAL OF LIMITATION ON PAY ADJUSTMENT- Notwithstanding section 9902(e)(7) of title 5, United States Code (as in effect on the day before the date of the enactment of this Act), at the time of any annual adjustment to pay schedules pursuant to section 5303 of such title during the transitional period provided in paragraph (1), the rate of basic pay for each employee described in section 9902(e)(7), as so in effect, shall be adjusted by 100 percent of the amount of such adjustment.CommentsClose CommentsPermalink





(4) CURRENT RULES INVALID- Any rule or implementing issuance adopted before the date of the enactment of this Act to implement any provision of section 9902 of title 5, United States Code (other than subsections (d), (e), and (f) of such section (as redesignated by subsection (a)(2))), shall cease to be effective on the date that is one year after the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Authority Relating to Personnel Management and Workforce Incentives- Section 9902 of such title is further amended by inserting before subsection (d), as redesignated by subsection (a)(2) of this section, the following new subsections:CommentsClose CommentsPermalink





‘(a) Personnel Management- (1) The Secretary may waive the requirements of chapter 33, and the regulations implementing such chapter, to the extent the Secretary considers appropriate to establish and implement regulations providing for the following:CommentsClose CommentsPermalink





‘(A) Fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appointments to employment positions.CommentsClose CommentsPermalink





‘(B) Fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, or promoting employees.CommentsClose CommentsPermalink





‘(2) In implementing this subsection, the Secretary shall comply with the provisions of section 2302(b)(11), regarding veterans’ preference requirements, in a manner comparable to that in which such provisions are applied under chapter 33.CommentsClose CommentsPermalink





‘(3) Any action taken by the Secretary under this subsection, or to implement this subsection, shall be subject to the requirements subsection (c) and chapter 71.CommentsClose CommentsPermalink





‘(b) Performance Management and Workforce Incentives- (1) The Secretary may waive the requirements of chapters 43 (other than sections 4302 and 4303(e)) and 45, and the regulations implementing such chapters, to the extent the Secretary considers appropriate to establish and implement regulations providing for the following:CommentsClose CommentsPermalink





‘(A) A fair, credible, and transparent performance appraisal system for employees.CommentsClose CommentsPermalink





‘(B) A fair, credible, and transparent system for linking employee bonuses and other performance-based actions to performance appraisals of employees.CommentsClose CommentsPermalink





‘(C) A process for ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the appraisal period and setting timetables for review.CommentsClose CommentsPermalink





‘(2)(A) The Secretary may establish a fund to be known as the ‘Department of Defense Civilian Workforce Incentive Fund’ (in this paragraph referred to as the ‘Fund’).CommentsClose CommentsPermalink





‘(B) The Fund shall consist of the following:CommentsClose CommentsPermalink





‘(i) Amounts appropriated to the Fund.CommentsClose CommentsPermalink





‘(ii) Amounts available for compensation of employees that are transferred to the Fund.CommentsClose CommentsPermalink





‘(C) Amounts in the Fund shall be available as follows:CommentsClose CommentsPermalink





‘(i) For incentive payments to employees based on individual or team performance.CommentsClose CommentsPermalink





‘(ii) For incentive payments to employees for purposes of the employment and retention as employees of qualified individuals with particular competencies or qualifications.CommentsClose CommentsPermalink





‘(3) Any action taken by the Secretary under this subsection, or to implement this subsection, shall be subject to the requirements of subsection (c) and chapter 71.CommentsClose CommentsPermalink





‘(c) Criteria for Use of New Personnel Authorities- In establishing any new personnel management system under subsection (a) or new performance management and workforce incentive system under subsection (b), the Secretary shall--CommentsClose CommentsPermalink





‘(1) adhere to merit principles set forth in section 2301;CommentsClose CommentsPermalink





‘(2) include a means for ensuring employee involvement in the design and implementation of such system;CommentsClose CommentsPermalink





‘(3) provide for adequate training and retraining for supervisors, managers, and employees in the implementation and operation of such system;CommentsClose CommentsPermalink





‘(4) include effective transparency and accountability measures and safeguards to ensure that the management of such system is fair, credible, and equitable, including appropriate independent reasonableness reviews, internal assessments, and employee surveys; andCommentsClose CommentsPermalink





‘(5) ensure that adequate agency resources are allocated for the design, implementation, and administration of such system.’.CommentsClose CommentsPermalink





(d) Conforming Clerical Amendments-CommentsClose CommentsPermalink





(1) HEADING AMENDMENT- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 9902. Department of Defense personnel authorities’.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 99 of such title is amended by striking the item relating to section 9902 and inserting the following new item:CommentsClose CommentsPermalink





‘9902. Department of Defense personnel authorities.’.CommentsClose CommentsPermalink





(e) Modification of Implementation Authorities and Limitations- Section 1106 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 349) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b);CommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (b); andCommentsClose CommentsPermalink





(3) in subsection (b), as redesignated by paragraph (2)--CommentsClose CommentsPermalink





(A) by striking paragraph (1) and inserting the following new paragraph (1):CommentsClose CommentsPermalink





‘(1) The Comptroller General shall conduct annual reviews in calendar years 2010, 2011, and 2012 of--CommentsClose CommentsPermalink





‘(A) employee satisfaction with any processes established pursuant to regulations promulgated by the Secretary of Defense pursuant to section 9902 of title 5, United States Code; andCommentsClose CommentsPermalink





‘(B) the extent to which any processes so established are fair, credible, and transparent, as required by such section 9902.’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘the National Security Personnel System’ and inserting ‘any processes established pursuant to such regulations’.CommentsClose CommentsPermalink





(f) Additional Conforming Amendment- Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended by striking ‘identified in section 9902(c)(2) of title 5, United States Code.’ and inserting ‘as follows:CommentsClose CommentsPermalink





‘(1) The Aviation and Missile Research Development and Engineering Center.CommentsClose CommentsPermalink





‘(2) The Army Research Laboratory.CommentsClose CommentsPermalink





‘(3) The Medical Research and Materiel Command.CommentsClose CommentsPermalink





‘(4) The Engineer Research and Development Command.CommentsClose CommentsPermalink





‘(5) The Communications-Electronics Command.CommentsClose CommentsPermalink





‘(6) The Soldier and Biological Chemical Command.CommentsClose CommentsPermalink





‘(7) The Naval Sea Systems Command Centers.CommentsClose CommentsPermalink





‘(8) The Naval Research Laboratory.CommentsClose CommentsPermalink





‘(9) The Office of Naval Research.CommentsClose CommentsPermalink





‘(10) The Air Force Research Laboratory.’.CommentsClose CommentsPermalink





(g) Waiver- Subsection (a) through (f) of this section and the amendments made by such subsections shall not take effect if, not later than 60 days after the date of the enactment of this Act, the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report that includes--CommentsClose CommentsPermalink





(1) a certification that--CommentsClose CommentsPermalink





(A) the termination of the National Security Personnel System would not be in the best interest of the Department of Defense;CommentsClose CommentsPermalink





(B) the Secretary intends to implement changes during fiscal year 2010 to improve the fairness, credibility, and transparency of the National Security Personnel System; andCommentsClose CommentsPermalink





(C) the Secretary has determined that the changes to be made pursuant to subparagraph (B) will result in improved employee acceptance of the National Security Personnel System; andCommentsClose CommentsPermalink





(2) a description of the changes that the Secretary intends to implement and the schedule for implementing such changes.CommentsClose CommentsPermalink





(h) Expansion Prohibited- If the Secretary of Defense submits a report and certification under subsection (g) and the National Security Personnel System is not terminated, the National Security Personnel System may not be extended to organizational and functional units of the Department of Defense not included in such system as of June 1, 2009, unless specifically authorized by statute enacted after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1102. EXTENSION AND MODIFICATION OF EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.

(a) Three-yYear Extension- Subsection (e)(1) of section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is amended by striking ‘September 30, 2011’ and inserting ‘September 30, 2014’.CommentsClose CommentsPermalink





(b) Limitations on Additional Payments- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (b)(3), by striking ‘under subsection (d)(1)’ and inserting ‘under subsection (d)’; andCommentsClose CommentsPermalink





(2) by striking subsection (d) and inserting the following new subsection (d):CommentsClose CommentsPermalink





‘(d) Limitations on Additional Payments- (1) Subject to paragraph (3), the total amount of additional payments paid to an employee under subsection (b)(3) for any 12-month period may not exceed the lesser of the amounts as follows:CommentsClose CommentsPermalink





‘(A) $50,000 in fiscal year 2010, which may be adjusted annually thereafter by the Secretary, with a percentage increase equal to one-half of 1 percentage point less than the percentage by which the Employment Cost Index, published quarterly by the Bureau of Labor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year.CommentsClose CommentsPermalink





‘(B) The amount equal to 50 percent of the employee’s annual rate of basic pay.CommentsClose CommentsPermalink





‘(2) In paragraph (1), the term ‘base quarter’ has the meaning given that term in section 5302(3) of title 5, United States Code.CommentsClose CommentsPermalink





‘(3) Notwithstanding any other provision of this section or section 5307 of title 5, United States Code, no additional payments may be paid to an employee under subsection (b)(3) in any calendar year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3, United States Code.CommentsClose CommentsPermalink





‘(4) An employee appointed under the program is not eligible for any bonus, monetary award, or other monetary incentive for service under the appointment other than payments authorized by this section.’.CommentsClose CommentsPermalink





(c) Reporting Requirements- Paragraph (1) of subsection (g) of such section is amended to read as follows:CommentsClose CommentsPermalink





‘(1)(A) Not later than December 31 each year in which the authority under this section is in effect, the Secretary of Defense shall submit to the committees of Congress specified in subparagraph (B) a report on the program. Each report shall cover the 12-month period preceding the date of the submittal of such report.CommentsClose CommentsPermalink





‘(B) The committees of Congress specified in this subparagraph are--CommentsClose CommentsPermalink





‘(i) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; andCommentsClose CommentsPermalink





‘(ii) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives’.CommentsClose CommentsPermalink

SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.

(a) Extension of Authority- Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615) is amended by striking ‘calendar year 2009’ and inserting ‘calendar years 2009 and 2010’.CommentsClose CommentsPermalink





(b) Clarification of Exemption From Aggregate Limitations on Pay- Subsection (b) of such section is amended by striking ‘Section 5307 of title 5, United States Code’ and inserting ‘Aggregate limitations on pay, whether established by law or regulation’.CommentsClose CommentsPermalink

SEC. 1104. AVAILABILITY OF FUNDS FOR COMPENSATION OF CERTAIN CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

(a) Availability of Funds- Notwithstanding any other provision of law, funds authorized to be appropriated for the Department of Defense that are available for the purchase of contract services to meet a requirement that is anticipated to continue for five years or more shall be available to provide compensation for civilian employees of the Department to meet the same requirement.CommentsClose CommentsPermalink





(b) Regulations- Not later than 120 days after the date of the enactment of this Act, the Secretary shall prescribe regulations implementing the authority in subsection (a). Such regulations--CommentsClose CommentsPermalink





(1) shall ensure that the authority in subsection (a) is utilized to build government capabilities that are needed to perform inherently governmental functions, functions closely associated with inherently governmental functions, and other critical functions;CommentsClose CommentsPermalink





(2) shall include a mechanism to ensure that follow-on funding to provide compensation for civilian employees of the Department to perform functions described in paragraph (1) is provided from appropriate accounts; andCommentsClose CommentsPermalink





(3) may establish additional criteria and levels of approval within the Department for the utilization of funds to provide compensation for civilian employees of the Department pursuant to subsection (a).CommentsClose CommentsPermalink





(c) Annual Report- Not later than 60 days after the end of each fiscal year for which the authority in subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the use of such authority. Each report shall cover the preceding fiscal year and shall identify, at a minimum, the following:CommentsClose CommentsPermalink





(1) The amount of funds used under the authority in subsection (a) to provide compensation for civilian employees.CommentsClose CommentsPermalink





(2) The source or sources of the funds so used.CommentsClose CommentsPermalink





(3) The number of civilian employees employed through the use of such funds.CommentsClose CommentsPermalink





(4) The actions taken by the Secretary to ensure that follow-on funding for such civilian employees is provided through appropriate accounts.CommentsClose CommentsPermalink





(d) Temporary Authority- The authority in subsection (a) shall apply to funds authorized to be appropriated for the Department of Defense fiscal years 2010 through 2019.CommentsClose CommentsPermalink

SEC. 1105. DEPARTMENT OF DEFENSE CIVILIAN LEADERSHIP PROGRAM.

(a) Leadership Program 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 establish a program of leadership recruitment and development for civilian employees of the Department of Defense, to be known as the ‘Department of Defense Civilian Leadership Program’ (in this section referred to as the ‘program’).CommentsClose CommentsPermalink





(2) OBJECTIVES- The objectives of the program shall be as follows:CommentsClose CommentsPermalink





(A) To develop a new generation of civilian leaders for the Department of Defense.CommentsClose CommentsPermalink





(B) To recruit individuals with the academic merit, work experience, and demonstrated leadership skills to meet the future needs of the Department.CommentsClose CommentsPermalink





(C) To offer rapid advancement, competitive compensation, and leadership opportunities to highly-qualified civilian employees of the Department.CommentsClose CommentsPermalink





(3) AVAILABLE AUTHORITIES- In carrying out the program, the Secretary may exercise any authority available to the Office of Personnel Management under section 4703 of title 5, United States Code, except that the Secretary shall not be bound by the limitations in subsection (d) of such section. Nothing in this section shall be construed to authorize the waiver of any part of chapter 71 of title 5, United States Code, or any regulation implementing such chapter, in the carrying out of the program.CommentsClose CommentsPermalink





(b) Eligible Individuals-CommentsClose CommentsPermalink





(1) IN GENERAL- The following individuals shall be eligible to participate in the program:CommentsClose CommentsPermalink





(A) Current employees of the Department of Defense.CommentsClose CommentsPermalink





(B) Appropriate individuals in the private sector.CommentsClose CommentsPermalink





(2) LIMITATION ON NUMBER OF ENTRANTS INTO PROGRAM- The total number of individuals who may enter into the program in any fiscal year may not exceed 5,000.CommentsClose CommentsPermalink





(c) Elements of Program-CommentsClose CommentsPermalink





(1) COMPETITIVE ENTRY- The selection of individuals for entry into the program shall be made on the basis of a competition conducted at least twice each year. In each competition, participants in the program shall be selected from among applicants determined by the Secretary to be the most highly qualified in terms of academic merit, work experience, and demonstrated leadership skills. Each competition shall provide for entry-level participants and midcareer participants in the program.CommentsClose CommentsPermalink





(2) ALLOCATION OF POSITIONS- The Secretary shall allocate positions in the program among the components of the Department of Defense that--CommentsClose CommentsPermalink





(A) offer the most challenging assignments;CommentsClose CommentsPermalink





(B) provide the greatest level of responsibility; andCommentsClose CommentsPermalink





(C) demonstrate the greatest need for participants in the program.CommentsClose CommentsPermalink





(3) ASSIGNMENTS TO POSITIONS- Participants in the program shall be assigned to components of the Department that best match their skills and qualifications. Participants in the program may be rotated among components of the Department of Defense at the discretion of the Secretary.CommentsClose CommentsPermalink





(4) INITIAL COMPENSATION- The initial compensation of participants in the program shall be determined by the Secretary based on the qualifications of such participants and applicable market conditions.CommentsClose CommentsPermalink





(5) EDUCATION AND TRAINING- The Secretary shall provide participants in the program with training, mentoring, and educational opportunities that are appropriate to facilitate the development of such participants into effective civilian leaders for the Department of Defense.CommentsClose CommentsPermalink





(6) OBJECTIVE, MERIT-BASED PRINCIPLES FOR PERSONNEL DECISIONS- The Secretary shall make personnel decisions under the program in accordance with such objective, merit-based criteria as the Secretary shall prescribe in regulations for purposes of the program. Such criteria shall include, but not be limited to, criteria applicable to the following:CommentsClose CommentsPermalink





(A) The selection of individuals for entry into the program.CommentsClose CommentsPermalink





(B) The assignment of participants in the program to positions in the Department of Defense.CommentsClose CommentsPermalink





(C) The initial compensation of participants in the program.CommentsClose CommentsPermalink





(D) The access of participants in the program to training, mentoring, and educational opportunities under the program.CommentsClose CommentsPermalink





(E) The consideration of participants in the program for selection into the senior management, functional, and technical workforce of the Department.CommentsClose CommentsPermalink





(7) CONSIDERATION FOR SENIOR MANAGEMENT, FUNCTIONAL, AND TECHNICAL WORKFORCE- Any participant in the program who, as determined by the Secretary, demonstrates outstanding performance shall be afforded priority in consideration for selection into the appropriate element of the senior management, functional, and technical workforce of the Department of Defense (as set forth in section 1102(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2407)).CommentsClose CommentsPermalink

SEC. 1106. REVIEW OF DEFENSE LABORATORIES FOR PARTICIPATION IN DEFENSE LABORATORY PERSONNEL DEMONSTRATION PROJECTS.

(a) Review Required- The Secretary of Defense shall undertake a review of defense laboratories not currently included in personnel demonstration projects authorized by section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-315), to determine whether or not any laboratory so reviewed would benefit from the extension to such laboratory of the personnel management flexibilities available under such section 342(b), as so amended.CommentsClose CommentsPermalink





(b) Covered Laboratories- The laboratories covered by the review required by subsection (a) shall include, but not be limited to, the following:CommentsClose CommentsPermalink





(1) Laboratories within the Army Research, Development, and Engineering Command.CommentsClose CommentsPermalink





(2) Army Tank and Automotive Research, Development, and Engineering Center.CommentsClose CommentsPermalink





(3) Army Armament Research, Development, and Engineering Center.CommentsClose CommentsPermalink





(4) Naval Air Warfare Center, Weapons Division.CommentsClose CommentsPermalink





(5) Naval Air Warfare Center, Aircraft Division.CommentsClose CommentsPermalink





(6) Space and Naval Warfare Systems Center, Pacific.CommentsClose CommentsPermalink





(7) Space and Naval Warfare Systems Center, Atlantic.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report setting forth the results of the review required by subsection (a).CommentsClose CommentsPermalink





(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink

(a) In General- Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Appropriations of the House of RepresentativesHomeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report regarding the use of the authority under the amendments made by section 1162.CommentsClose CommentsPermalink





(b) Contents- The report submitted under subsection (a) shall--CommentsClose CommentsPermalink





(1) include the number of annuitants for whom a waiver was made under subsection (l) of section 8344 of title 5, United States Code, as amended by this subtitle, or subsection (i) of section 8468 of title 5, United States Code, as amended by this subtitle; andCommentsClose CommentsPermalink





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





(c) Agency Data- Each head of an agency (as defined under sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United States Code, as added by section 1162 of this subtitle) shall--CommentsClose CommentsPermalink





(1) collect and maintain data necessary for purposes of the Comptroller General report submitted under subsection (a); andCommentsClose CommentsPermalink





(2) submit to the Comptroller General that data as the Comptroller General requires in a timely fashion.CommentsClose CommentsPermalink

TITLE XII--MATTERS RELATING TO FOREIGN NATIONSCommentsClose CommentsPermalink

Subtitle A--Assistance and TrainingCommentsClose CommentsPermalink

SEC. 1201. INCREASE IN UNIT COST THRESHOLD FOR PURCHASES USING CERTAIN FUNDS UNDER THE COMBATANT COMMANDER INITIATIVE FUND.

(a) Increase-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (e)(1)(A) of section 166a of title 10, United States Code, is amended by striking ‘$15,000’ and inserting ‘the investment unit threshold in effect under section 2245a of this title’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on October 1, 2009, and shall apply with respect to funds available under the Combatant Commander Initiative Fund for fiscal years that being on or after that date.CommentsClose CommentsPermalink





(b) Clarifying Amendments-CommentsClose CommentsPermalink





(1) CLERICAL AMENDMENT- The section heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 166a. Combatant commands: funding through the Chairman of the Joint Chiefs of Staff from Combatant Commander Initiative Fund’.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 6 of such title is amended by striking the item relating to section 166a and inserting the following new item:CommentsClose CommentsPermalink





‘166a. Combatant commands: funding through the Chairman of the Joint Chiefs of Staff from Combatant Commander Initiative Fund.’.CommentsClose CommentsPermalink

SEC. 1202. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND SUPPORT TO COALITION LIAISON OFFICERS OF CERTAIN FOREIGN NATIONS ASSIGNED TO UNITED STATES JOINT FORCES COMMAND.

(a) Extension of Authority- Subsection (a) of section 1051a of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘assigned temporarily’ and inserting ‘assigned temporarily as follows:’;CommentsClose CommentsPermalink





(2) by designating the remainder of the text of that subsection as paragraph (1) and indenting that text two ems from the left margin;CommentsClose CommentsPermalink





(3) in paragraph (1), as so designated, by striking ‘to the headquarters’ and inserting ‘To the headquarters’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) To the headquarters of the combatant command assigned by the Secretary of Defense the mission of joint warfighting experimentation and joint forces training.’.CommentsClose CommentsPermalink





(b) Effective Date- Paragraph (2) of section 1051a(a) of title 10, United States Code (as added by subsection (a)), shall take effect on October 1, 2009, or the date of the enactment of this Act, whichever is later.CommentsClose CommentsPermalink

SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

(a) Temporary Limitation on Amount for Building Capacity for Military and Stability Operations- Section 1206(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section 1206 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418) and section 1206 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625), is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) TEMPORARY LIMITATION ON AMOUNT FOR BUILDING CAPACITY TO PARTICIPATE IN OR SUPPORT MILITARY AND STABILITY OPERATIONS- Of the funds used to carry out a program under subsection (a), not more than $75,000,000 may be used during fiscal year 2010, and not more than $75,000,000 may be used during fiscal year 2011, for purposes described in subsection (a)(1)(B).’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to programs under section 1206(a) of the National Defense Authorization Act for Fiscal Year 2006 that begin on or after that date.CommentsClose CommentsPermalink

SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORTING REQUIREMENTS FOR USE OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

(a) Notification- Section 1208(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086), as amended by section 1208(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4626), is further amended to read as follows:CommentsClose CommentsPermalink





‘(c) Notification-CommentsClose CommentsPermalink





‘(1) SUPPORT FOR FOREIGN FORCES- The Secretary of Defense shall notify the congressional defense committees expeditiously, and in any event not later than 48 hours, after--CommentsClose CommentsPermalink





‘(A) using the authority provided in subsection (a) to make funds available for foreign forces in support of an approved military operation; orCommentsClose CommentsPermalink





‘(B) changing the scope or funding level of any such support.CommentsClose CommentsPermalink





‘(2) SUPPORT FOR IRREGULAR FORCES, GROUPS, OR INDIVIDUALS- The Secretary of Defense may not exercise the authority provided in subsection (a) to make funds available for irregular forces or a group (other than foreign forces) or individual in support of an approved military operation, or change the scope or funding level of such support, until 72 hours after notifying the congressional defense committees of the use of such authority with respect to that operation or such change in scope or funding level.CommentsClose CommentsPermalink





‘(3) CONTENT- Notifications required under this subsection shall include the following information:CommentsClose CommentsPermalink





‘(A) The type of support provided or to be provided to United States special operations forces.CommentsClose CommentsPermalink





‘(B) The type of support provided or to be provided to the recipient of the funds.CommentsClose CommentsPermalink





‘(C) The intended duration of the support.CommentsClose CommentsPermalink





‘(D) The amount obligated under the authority to provide support.’.CommentsClose CommentsPermalink





(b) Annual Report- Section 1208(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086) is amended in the second sentence by striking ‘shall describe the support’ and all that follows through the period at the end and inserting ‘shall include the following information:CommentsClose CommentsPermalink





‘(1) A description of supported operations.CommentsClose CommentsPermalink





‘(2) A summary of operations.CommentsClose CommentsPermalink





‘(3) The type of recipients that received support, identified by authorized category (foreign forces, irregular forces, groups, or individuals).CommentsClose CommentsPermalink





‘(4) The total amount obligated in the previous fiscal year, including budget details.CommentsClose CommentsPermalink





‘(5) The total amount obligated in prior fiscal years.CommentsClose CommentsPermalink





‘(6) The intended duration of support.CommentsClose CommentsPermalink





‘(7) A description of support or training provided to the recipients of support.CommentsClose CommentsPermalink





‘(8) A value assessment of the operational support provided.’.CommentsClose CommentsPermalink

SEC. 1205. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS.

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





(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; andCommentsClose CommentsPermalink





(2) by striking subsection (a) and inserting the following new subsections:CommentsClose CommentsPermalink





‘(a) Reimbursement-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Using applicable funds referred to in paragraph (2), the Secretary of Defense may reimburse any key cooperating nation for the following:CommentsClose CommentsPermalink





‘(A) During fiscal year 2008, logistical and military support provided by that nation to or in connection with United States military operations in Operation Iraqi Freedom or Operation Enduring Freedom.CommentsClose CommentsPermalink





‘(B) During fiscal year 2010, logistical, military, and other support, including access, provided by that nation to or in connection with United States military operations described in subparagraph (A).CommentsClose CommentsPermalink





‘(2) COVERED FUNDS- The funds referred to in this subsection are the following:CommentsClose CommentsPermalink





‘(A) For purposes of paragraph (1)(A), amounts authorized to be appropriated for fiscal year 2008 by section 1508 for operation and maintenance.CommentsClose CommentsPermalink





‘(B) For purposes of paragraph (1)(B), amounts authorized to be appropriated for fiscal year 2010 by section 1507(5) for operation and maintenance, Defense-wide activities.CommentsClose CommentsPermalink





‘(b) Other Support- Using funds described in subsection (a)(2)(B), the Secretary of Defense may also assist any key cooperating nation supporting United States military operations in Operation Iraqi Freedom or Operation Enduring Freedom in Afghanistan through the following:CommentsClose CommentsPermalink





‘(1) The provision of specializing training to personnel of that nation in connection with such operations, including training of such personnel before deployment in connection with such operations.CommentsClose CommentsPermalink





‘(2) The procurement and provision of supplies to that nation in connection with such operations.CommentsClose CommentsPermalink





‘(3) The procurement of specialized equipment and the loaning of such specialized equipment to that nation on a non-reimbursable basis in connection with such operations.’.CommentsClose CommentsPermalink





(b) Amounts of Support- Paragraph (2) of subsection (c) of such section, as redesignated by subsection (a)(1) of this section, is amended to read as follows:CommentsClose CommentsPermalink





‘(2) SUPPORT- Support authorized by subsection (b) may be provided in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of the Office of Management and Budget, considers appropriate.’.CommentsClose CommentsPermalink





(c) Limitations on Amounts During Fiscal Year 2010- Paragraph (1) of subsection (d) of such section, as so redesignated, is amended to read as follows:CommentsClose CommentsPermalink





‘(1) LIMITATIONS ON AMOUNTS- (A) The total amount of reimbursements made under the authority in subsection (a) during fiscal year 2008 may not exceed $1,200,000,000.CommentsClose CommentsPermalink





‘(B) The aggregate amount of reimbursements made under subsection (a) and support provided under subsection (b) during fiscal year 2010 may not exceed $1,600,000,000.’.CommentsClose CommentsPermalink





(d) Notice to Congress- Subsection (e) of such section, as so redesignated, is amended by striking ‘shall--’ and all that follows and inserting ‘shall notify the congressional defense committees not later than 15 days before making any reimbursement under the authority in subsection (a) or providing any support under the authority in subsection (b).’.CommentsClose CommentsPermalink





(e) Reports- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) Reports- The Secretary of Defense shall submit to the congressional defense committees on a quarterly basis a report on any reimbursements made under the authority in subsection (a), and any support provided under the authority in subsection (b), during such quarter.’.CommentsClose CommentsPermalink





(f) Extension of Notice on Reimbursement of Pakistan for Support Provided by Pakistan- Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as amended by section 1217 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634), is further amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2011’.CommentsClose CommentsPermalink

SEC. 1206. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the Commanders’ Emergency Response Program provides United States military commanders in theater a valuable tool for accomplishing the counterinsurgency mission in Iraq and Afghanistan by enabling military commanders to fund urgent humanitarian relief and reconstruction requirements by carrying out programs that will immediately assist the people of those countries; andCommentsClose CommentsPermalink





(2) United States military commanders utilizing Commanders’ Emergency Response Program funds in Afghanistan, and Provincial Reconstruction Teams in Afghanistan using such funds or other United States humanitarian or reconstruction assistance, should whenever possible coordinate the funding of projects with local councils, particularly Community Development Councils established under the Afghanistan National Solidarity Program, and take actions that promote the importance and effectiveness of local and national government entities.CommentsClose CommentsPermalink





(b) One-yYear Extension of Authority-CommentsClose CommentsPermalink





(1) AUTHORITY FOR FISCAL YEAR 2010- Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366) and section 1214 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4630), is further amended--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Fiscal Years 2008 and 2009’ and inserting ‘Fiscal Year 2010’;CommentsClose CommentsPermalink





(B) by striking ‘each of fiscal years 2008 and 2009’ and inserting ‘fiscal year 2010’;CommentsClose CommentsPermalink





(C) by striking ‘for such fiscal year’; andCommentsClose CommentsPermalink





(D) by striking ‘$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal year 2009’ and inserting ‘$1,400,000,000’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on October 1, 2009.CommentsClose CommentsPermalink





(c) Extension of Due Date for Quarterly Reports- Subsection (b)(1) of such section is amended--CommentsClose CommentsPermalink





(1) by striking ‘15 days’ and inserting ‘30 days’; andCommentsClose CommentsPermalink





(2) by striking ‘fiscal years 2008 and 2009’ and inserting ‘any fiscal year during which the authority under subsection (a) is in effect’.CommentsClose CommentsPermalink





(d) Authority To Transfer Funds for Support of Afghanistan National Solidarity Program- Such section is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (g) as subsection (h); andCommentsClose CommentsPermalink





(2) by inserting after subsection (f) the following new subsection (g):CommentsClose CommentsPermalink





‘(g) Authority To Transfer Funds for Support of Afghanistan National Solidarity Program-CommentsClose CommentsPermalink





‘(1) AUTHORITY- If the Secretary of Defense determines that the use of Commanders’ Emergency Response Program funds to support the Afghanistan National Solidarity Program would enhance counterinsurgency operations or stability operations in Afghanistan, the Secretary of Defense may transfer funds, from amounts available for the Commanders’ Emergency Response Program for fiscal year 2010, to the Secretary of State for purposes of supporting the Afghanistan National Solidarity Program.CommentsClose CommentsPermalink





‘(2) LIMITATION- The amount of funds transferrable under paragraph (1) may not exceed $100,000,000.CommentsClose CommentsPermalink





‘(3) CONGRESSIONAL NOTIFICATION- Not later than 15 days before transferring funds under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report setting forth the Secretary’s determination pursuant to paragraph (1) and a description of the amount of funds to be transferred under that paragraph.’.CommentsClose CommentsPermalink





(e) Technical Amendments- Subsections (e)(1) and (f)(1) of such section are amended by striking ‘the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009’ and inserting ‘October 14, 2008,’.CommentsClose CommentsPermalink

SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE.

Section 1207(g) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by section 1210 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369) and section 1207 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625), is further amended by striking ‘September 30, 2009’ and inserting ‘September 30, 2010’.CommentsClose CommentsPermalink

SEC. 1208. AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF DEFENSE PERSONNEL BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES.

(a) Authority To Enter Into Non-rReciprocal International Exchange Agreements-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense may enter into non-reciprocal international defense personnel exchange agreements.CommentsClose CommentsPermalink





(2) INTERNATIONAL DEFENSE PERSONNEL EXCHANGE AGREEMENTS DEFINED- For purposes of this section, an international defense personnel exchange agreement is an agreement with the government of an ally of the United States or another friendly foreign country for the exchange of military and civilian personnel of the defense ministry of that foreign government.CommentsClose CommentsPermalink





(b) Assignment of Personnel-CommentsClose CommentsPermalink





(1) IN GENERAL- Pursuant to a non-reciprocal international defense personnel exchange agreement, personnel of the defense ministry of a foreign government may be assigned to positions in the Department of Defense.CommentsClose CommentsPermalink





(2) MUTUAL AGREEMENT REQUIRED- An individual may not be assigned to a position pursuant to a non-reciprocal international defense personnel exchange agreement unless the assignment is acceptable to both governments.CommentsClose CommentsPermalink





(c) Payment of Personnel Costs-CommentsClose CommentsPermalink





(1) IN GENERAL- The foreign government with which the United States has entered into a non-reciprocal international defense personnel exchange agreement shall pay the salary, per diem, cost of living, travel costs, cost of language or other training, and other costs for its personnel in accordance with the applicable laws and regulations of such government.CommentsClose CommentsPermalink





(2) EXCLUDED COSTS- Paragraph (1) does not apply to the following costs:CommentsClose CommentsPermalink





(A) The cost of training programs conducted to familiarize, orient, or certify exchanged personnel regarding unique aspects of the assignments of the exchanged personnel.CommentsClose CommentsPermalink





(B) Costs incident to the use of facilities of the United States Government in the performance of assigned duties.CommentsClose CommentsPermalink





(d) Prohibited Conditions- No personnel exchanged pursuant to a non-reciprocal agreement under this section may take or be required to take an oath of allegiance or to hold an official capacity in the government.CommentsClose CommentsPermalink





(e) Duration of Authority- The authority under this section shall expire on December 31, 2011.CommentsClose CommentsPermalink

SEC. 1209. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND IRAQ.

(a) Findings- The Senate makes the following findings:CommentsClose CommentsPermalink





(1) As United States forces continue their redeployment from Iraq, the quality of the Iraqi Security Forces and the nature of their training and equipment will play an increasingly important role.CommentsClose CommentsPermalink





(2) Despite the decrease in violence in Iraq, Iraq continues to face formidable threats to its national security.CommentsClose CommentsPermalink





(3) There are many benefits to the United States and Iraq resulting from the strategic relationship that exists between the two nations.CommentsClose CommentsPermalink





(4) Enhancing the capabilities of the Iraqi Security Forces and strengthening the defense cooperation between the United States and Iraq will help ensure that Iraq has the military strength and political support necessary to enhance its internal and regional security.CommentsClose CommentsPermalink





(b) Availability of Professional Military Education for Iraq Security Forces- The Secretary of Defense shall endeavor to increase the number of positions in professional military education courses, including courses at command and general staff colleges, war colleges, and the service academies, that are made available annually to personnel of the security forces of the Government of Iraq.CommentsClose CommentsPermalink

SEC. 1210. REPORT ON ALTERNATIVES TO USE OF ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIVABILITY.

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth and assessing various alternatives to the use of acquisition and cross-servicing agreements pursuant to the temporary authority in section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412), as amended by section 1252 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 402), for purposes of lending covered military equipment to military forces of nations as follows:CommentsClose CommentsPermalink





(1) A nation participating in combined operations with the United States in Iraq and Afghanistan.CommentsClose CommentsPermalink





(2) A nation participating in combined operations with the United States as part of a peacekeeping operation under the Charter of the United Nations or another international agreement.CommentsClose CommentsPermalink





(b) Covered Military Equipment Defined- In this section, the term ‘covered military equipment’ has the meaning given that term in section 1202(d)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007.CommentsClose CommentsPermalink

SEC. 1211. ENSURING IRAQI SECURITY THROUGH DEFENSE COOPERATION BETWEEN THE UNITED STATES AND IRAQ.

Subtitle B--ReportsCommentsClose CommentsPermalink

SEC. 1221. REPORT ON UNITED STATES ENGAGEMENT WITH IRAN.

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





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





(1) DIPLOMATIC ENGAGEMENT- With respect to diplomatic engagement, the following:CommentsClose CommentsPermalink





(A) A description of areas of mutual interest to the Government of the United States and the Government of the Islamic Republic of Iraq in which cooperation and discussion could be of mutual interest.CommentsClose CommentsPermalink





(B) A discussion and assessment of the commitment of the Government of the Islamic Republic of Iran to engage in good-faith discussions with the United States to resolve matters of concern through negotiation.CommentsClose CommentsPermalink





(2) SUPPORT FOR TERRORISM AND EXTREMISM- With respect to support for terrorism and extremism, an assessment of the extent to which the Government of the Islamic Republic of Iran has supported or provided weapons, training, funding, or any other type of support or assistance for any designated Foreign Terrorist Organization as well as regional militant groups, and specific assessments of the support provided by the Government of the Islamic Republic of Iran, or agencies under that government, for insurgents or other militant groups in Iraq and Afghanistan.CommentsClose CommentsPermalink





(3) NUCLEAR ACTIVITIES- With respect to nuclear activities, an assessment of the extent to which the Government of the Islamic Republic of Iran has--CommentsClose CommentsPermalink





(A) complied with United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), and 1835 (2008), and with any other applicable Resolutions adopted by the United Nations Security Council as of the date of the report;CommentsClose CommentsPermalink





(B) cooperated with the International Atomic Energy Agency (IAEA), including fulfilling all requests of that Agency for access to information, documentation, locations, and individuals;CommentsClose CommentsPermalink





(C) ratified and implemented the Additional Protocol to Iran’s Safeguards Agreement with the International Atomic Energy Agency, as requested by the Board of Governors of the International Atomic Energy Agency and the United Nations Security Council; andCommentsClose CommentsPermalink





(D) committed to stop uranium enrichment activities and forego the reprocessing of spent fuel, the production of heavy water, and the weaponization of fissile materials on a permanent basis.CommentsClose CommentsPermalink





(4) MISSILE ACTIVITIES- With respect to missile activities, an assessment of the extent to which the Government of the Islamic Republic of Iran has continued development of its ballistic missile program, including participation in any imports or exports of any items, materials, goods, and technologies related to that program and has complied with United Nations Security Council Resolutions 1696, 1737, 1747, 1803, and 1835, as required by the United Nations Security Council.CommentsClose CommentsPermalink





(5) SUPPORT TO ILLEGAL NARCOTICS NETWORK IN AFGHANISTAN- With respect to support to the illegal narcotics network in Afghanistan, an assessment of the extent to which the Government of the Islamic Republic of Iran, or agencies under that government, has or have supported or facilitated the illegal narcotics trade in Afghanistan.CommentsClose CommentsPermalink





(6) SANCTIONS AGAINST IRAN- With regard to sanctions against Iran--CommentsClose CommentsPermalink





(A) a list of all current United States bilateral and multilateral sanctions against Iran;CommentsClose CommentsPermalink





(B) a description and discussion of United States diplomatic efforts to enforce bilateral and multilateral sanctions against Iran and to strengthen international efforts to enforce such sanctions;CommentsClose CommentsPermalink





(C) an assessment of the impact and effectiveness of existing bilateral and multilateral sanctions against Iran in achieving United States goals;CommentsClose CommentsPermalink





(D) a list of all United States and foreign registered entities which the Secretary of State has determined to be in violation of existing United States bilateral or multilateral sanctions against Iran;CommentsClose CommentsPermalink





(E) a detailed description of United States efforts to enforce sanctions against Iran, including--CommentsClose CommentsPermalink





(i) a list of all investigations initiated in the 18-month period ending on the date of the enactment of this Act that have resulted in a determination that a violation of sanctions against Iran has occurred; andCommentsClose CommentsPermalink





(ii) a description of the actions taken by the United States Government pursuant to each such determination; andCommentsClose CommentsPermalink





(F) a description of bilateral and multilateral sanctions against Iran that are under consideration, an assessment whether such additional sanctions against Iran would be effective, and, if so, a description of the actions being undertaken to pursue such additional sanctions.CommentsClose CommentsPermalink





(c) Submittal in Classified Form- The report required by subsection (a), or any part of such report, may be submitted in classified form if the President considers it appropriate.CommentsClose CommentsPermalink

Subtitle C--Other MattersCommentsClose CommentsPermalink

SEC. 1231. SENSE OF CONGRESS ON ESTABLISHMENT OF MEASURES OF PROGRESS TO EVALUATE UNITED STATES STRATEGIC OBJECTIVES IN AFGHANISTAN AND PAKISTAN.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The President announced a new strategy for Afghanistan and Pakistan on March 27, 2009, that calls for a commitment of more resources and a significant increase in the number of United States Armed Forces deployed to the region.CommentsClose CommentsPermalink





(2) It is the obligation of the United States Government to the members of the Armed Forces, and to all Americans, that their sacrifices be met by a clear method for evaluating the progress toward achieving the objectives in the new strategy of the Administration.CommentsClose CommentsPermalink





(3) The President stated, with reference to the strategy for Afghanistan and Pakistan, that ‘going forward, we will not blindly stay the course. Instead, we will set clear metrics to measure progress and hold ourselves accountable. We’ll consistently assess our efforts to train Afghan security forces and our progress in combating insurgents. We will measure the growth of Afghanistan’s economy, and its illicit narcotics production. And we will review whether we are using the right tools and tactics to make progress towards accomplishing our goals’.CommentsClose CommentsPermalink





(4) Since the announcement of the new strategy of the Administration on March 27, 2009, key leaders in the Administration, including in the Department of Defense and Department of State, have testified before Congress that progress measures were needed to evaluate performance toward achieving the strategic objectives of the United States in Afghanistan and Pakistan and that the Administration was undertaking the process of reviewing and developing measures of progress.CommentsClose CommentsPermalink





(5) Key leaders in the Administration further assured Congress that the Administration would not only share the measures of progress with Congress, but would also invite review and comment by Congress on proposed measures of progress.CommentsClose CommentsPermalink





(6) The establishment of both clear objectives and a means to impartially measure success toward those objectives will expound to the American people what the United States and its partners intend to accomplish in and for Afghanistan and Pakistan.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the Administration should, through the coordination of the Departments of Defense and State, expeditiously submit to Congress a comprehensive list of measures of progress with regard to United States strategic objectives in Afghanistan and Pakistan;CommentsClose CommentsPermalink





(2) the comprehensive list under paragraph (1) should include newly-established measures of progress as well as such measures of progress previously established pursuant to section 1230(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385) that continue to be relevant to the current United States strategy for Afghanistan and Pakistan;CommentsClose CommentsPermalink





(3) the Administration should incorporate the comprehensive list under paragraph (1) with each report submitted under sections 1230 and 1232 of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 385, 392) and should review, and if necessary modify, the comprehensive list for each such report; andCommentsClose CommentsPermalink





(4) upon submittal to Congress of the reports required by sections 1230 and 1232 of the National Defense Authorization Act for Fiscal Year 2008, the Administration should provide an assessment of each measure of progress by--CommentsClose CommentsPermalink





(A) setting forth the measure of progress being evaluated;CommentsClose CommentsPermalink





(B) providing data used to evaluate the measure of progress;CommentsClose CommentsPermalink





(C) providing an evaluation of the performance of the particular measure of progress; andCommentsClose CommentsPermalink





(D) providing a comprehensive assessment of how the performance of the particular measure of progress hinders or enhances the overall performance toward achieving strategic objectives of the United States in Afghanistan and Pakistan.CommentsClose CommentsPermalink

TITLE XIII--COOPERATIVE THREAT REDUCTIONCommentsClose CommentsPermalink

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

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





(b) Fiscal Year 2010 Cooperative Threat Reduction Funds Defined- As used in this title, the term ‘fiscal year 2010 Cooperative Threat Reduction funds’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.CommentsClose CommentsPermalink





(c) Availability of Funds- Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for fiscal years 2010, 2011, and 2012.CommentsClose CommentsPermalink

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes- Of the $424,093,000 authorized to be appropriated to the Department of Defense for fiscal year 2010 in section 301(a)(20) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:CommentsClose CommentsPermalink





(1) For strategic offensive arms elimination in Russia, $73,385,000.CommentsClose CommentsPermalink





(2) For strategic nuclear arms elimination in Ukraine, $6,800,000.CommentsClose CommentsPermalink





(3) For nuclear weapons storage security in Russia, $15,090,000.CommentsClose CommentsPermalink





(4) For nuclear weapons transportation security in Russia, $46,400,000.CommentsClose CommentsPermalink





(5) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $90,886,000.CommentsClose CommentsPermalink





(6) For biological threat reduction in the states of the former Soviet Union, $152,132,000.CommentsClose CommentsPermalink





(7) For chemical weapons destruction, $3,000,000.CommentsClose CommentsPermalink





(8) For defense and military contacts, $5,000,000.CommentsClose CommentsPermalink





(9) For new Cooperative Threat Reduction initiatives, $10,000,000.CommentsClose CommentsPermalink





(10) For activities designated as Other Assessments/Administrative Costs, $21,400,000.CommentsClose CommentsPermalink





(b) Report on Obligation or Expenditure of Funds for Other Purposes- No fiscal year 2010 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (10) of subsection (a) until 15 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2010 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.CommentsClose CommentsPermalink





(c) Limited Authority to Vary Individual Amounts-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2010 for a purpose listed in paragraphs (1) through (10) of subsection (a) in excess of the specific amount authorized for that purpose.CommentsClose CommentsPermalink





(2) NOTICE-AND-WAIT REQUIRED- An obligation of funds for a purpose stated in paragraphs (1) through (10) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after--CommentsClose CommentsPermalink





(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; andCommentsClose CommentsPermalink





(B) 15 days have elapsed following the date of the notification.CommentsClose CommentsPermalink

SEC. 1303. AUTHORITY TO ENTER INTO AGREEMENTS TO RECEIVE CONTRIBUTIONS FOR BIOLOGICAL THREAT REDUCTION PROGRAM.

(a) In General- The Secretary of Defense may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, multinational entity, or any other entity) that the Secretary of Defense considers appropriate under which the person contributes funds for purposes of the Biological Threat Reduction Program of the Department of Defense.CommentsClose CommentsPermalink





(b) Retention and Use of Amounts- Notwithstanding section 3302 of title 31, United States Code, and subject to subsections (c) and (d), the Secretary of Defense may retain and obligate or expend amounts contributed pursuant to subsection (a) for purposes of the Biological Threat Reduction Program. Amounts so contributed shall be retained in a separate fund established in the Treasury for that purpose and shall be available to be obligated or expended without further appropriation.CommentsClose CommentsPermalink





(c) Return of Amounts Not Obligated or Expended Within Three Years- If the Secretary of Defense does not obligate or expend an amount contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution.CommentsClose CommentsPermalink





(d) Notice to Congressional Defense Committees-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after receiving an amount contributed pursuant to subsection (a), the Secretary shall submit to the congressional defense committees a notice--CommentsClose CommentsPermalink





(A) specifying the value of the contribution and the purpose for which the contribution was made; andCommentsClose CommentsPermalink





(B) identifying the person who made the contribution.CommentsClose CommentsPermalink





(2) LIMITATION ON USE OF AMOUNTS- The Secretary may not obligate or expend an amount contributed pursuant to subsection (a) until the date that is 15 days after the date on which the Secretary submits the notice required by paragraph (1).CommentsClose CommentsPermalink





(e) Annual Report- Not later than October 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on amounts contributed pursuant to subsection (a) during the preceding fiscal year. Each such report shall include, for the fiscal year covered by the report, the following:CommentsClose CommentsPermalink





(1) A statement of any amounts contributed pursuant to subsection (a), including, for each such amount, the value of the contribution and the identity of the person who made the contribution.CommentsClose CommentsPermalink





(2) A statement of any amounts so contributed that were obligated or expended by the Secretary, including, for each such amount, the purposes for which the amount was obligated or expended.CommentsClose CommentsPermalink





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





(f) Termination- The authority provided under this section shall terminate on December 31, 2015.CommentsClose CommentsPermalink

SEC. 1304. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION PROGRAM FUNDS FOR BILATERAL AND MULTILATERAL NONPROLIFERATION AND DISARMAMENT ACTIVITIES.

(a) In General- Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may obligate or expend not more than 10 percent of the funds authorized to be appropriated or otherwise made available for Cooperative Threat Reduction programs in a fiscal year to provide assistance for or to otherwise carry out bilateral or multilateral activities relating to nonproliferation or disarmament.CommentsClose CommentsPermalink





(b) Notification of Congressional Defense Committees- The Secretary may obligate or expend funds pursuant to subsection (a) if, not less than 15 days before obligating or expending such funds--CommentsClose CommentsPermalink





(1) the Secretary notifies the congressional defense committees of the intent of the Secretary to obligate or expend such funds; andCommentsClose CommentsPermalink





(2) the President certifies to the congressional defense committees that obligating or expending such funds is necessary to support the national security objectives of the United States.CommentsClose CommentsPermalink

TITLE XIV--OTHER AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Military ProgramsCommentsClose CommentsPermalink

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:CommentsClose CommentsPermalink





(1) For the Defense Working Capital Funds, $141,388,000.CommentsClose CommentsPermalink





(2) For the Defense Working Capital Fund, Defense Commissary, $1,313,616,000.CommentsClose CommentsPermalink

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for fiscal year 2010 for the National Defense Sealift Fund in the amount of $1,242,758,000.CommentsClose CommentsPermalink

SEC. 1403. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $27,913,863,000, of which--CommentsClose CommentsPermalink





(1) $26,993,919,000 is for Operation and Maintenance;CommentsClose CommentsPermalink





(2) $597,802,000 is for Research, Development, Test, and Evaluation; andCommentsClose CommentsPermalink





(3) $322,142,000 is for Procurement.CommentsClose CommentsPermalink

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $1,560,760,000, of which--CommentsClose CommentsPermalink





(1) $1,146,802,000 is for Operation and Maintenance;CommentsClose CommentsPermalink





(2) $401,269,000 is for Research, Development, Test, and Evaluation; andCommentsClose CommentsPermalink





(3) $12,689,000 is for Procurement.CommentsClose CommentsPermalink





(b) Use- Amounts authorized to be appropriated under subsection (a) are authorized for--CommentsClose CommentsPermalink





(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); andCommentsClose CommentsPermalink





(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.CommentsClose CommentsPermalink

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $1,077,784,000.CommentsClose CommentsPermalink

SEC. 1406. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $288,444,000, of which--CommentsClose CommentsPermalink





(1) $286,444,000 is for Operation and Maintenance; andCommentsClose CommentsPermalink





(2) $2,000,000 is for Procurement.CommentsClose CommentsPermalink

SEC. 1407. FUNDING TABLE.

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

Subtitle B--National Defense StockpileCommentsClose CommentsPermalink

SEC. 1411. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF COBALT FROM NATIONAL DEFENSE STOCKPILE.

Section 3305(a)(5) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as most recently amended by section 1412(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4648), is further amended by striking ‘during fiscal year 2009’ and inserting ‘by the end of fiscal year 2011’.CommentsClose CommentsPermalink

SEC. 1412. AUTHORIZATION FOR ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL IN AMOUNTS NOT IN EXCESS OF $80,000,000.

With respect to any action taken by the President under section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) to correct the industrial resource shortfall for high-purity beryllium metal, the limitation in subsection (a)(6)(C) of such section shall be applied by substituting ‘$80,000,000’ for ‘$50,000,000’.CommentsClose CommentsPermalink

Subtitle C--Armed Forces Retirement HomeCommentsClose CommentsPermalink

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

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

TITLE XV--OVERSEAS CONTINGENCY OPERATIONSCommentsClose CommentsPermalink

SEC. 1501. PURPOSE.

The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2010 to provide additional funding for overseas contingency operations of the Department of Defense in that fiscal year.CommentsClose CommentsPermalink

SEC. 1502. ARMY PROCUREMENT.

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





(1) For aircraft procurement, $1,636,229,000.CommentsClose CommentsPermalink





(2) For missile procurement, $531,570,000.CommentsClose CommentsPermalink





(3) For weapons and tracked combat vehicles procurement, $759,466,000.CommentsClose CommentsPermalink





(4) For ammunition procurement, $370,635,000.CommentsClose CommentsPermalink





(5) For other procurement, $6,329,966,000.CommentsClose CommentsPermalink





(6) For the Joint Improvised Explosive Device Defeat Fund, $2,099,850,000.CommentsClose CommentsPermalink

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

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





(1) For aircraft procurement, $916,553,000.CommentsClose CommentsPermalink





(2) For weapons procurement, $73,700,000.CommentsClose CommentsPermalink





(3) For other procurement, $318,018,000.CommentsClose CommentsPermalink





(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2010 for the procurement account for the Marine Corps in the amount of $1,164,445,000.CommentsClose CommentsPermalink





(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2010 for the procurement account for ammunition for the Navy and the Marine Corps in the amount of $710,780,000.CommentsClose CommentsPermalink

SEC. 1504. AIR FORCE PROCUREMENT.

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





(1) For aircraft procurement, $896,441,000.CommentsClose CommentsPermalink





(2) For missile procurement, $36,625,000.CommentsClose CommentsPermalink





(3) For ammunition procurement, $256,819,000.CommentsClose CommentsPermalink





(4) For other procurement, $2,321,549,000.CommentsClose CommentsPermalink

SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2010 for the procurement account for Defense-wide activities as follows:CommentsClose CommentsPermalink





(1) For Defense-wide procurement, $491,430,000.CommentsClose CommentsPermalink





(2) For the Mine Resistant Ambush Protected Vehicle Fund, $5,456,000,000.CommentsClose CommentsPermalink

SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Department of Defense for research, development, test, and evaluation as follows:CommentsClose CommentsPermalink





(1) For the Army, $57,962,000.CommentsClose CommentsPermalink





(2) For the Navy, $107,180,000.CommentsClose CommentsPermalink





(3) For the Air Force, $29,286,000.CommentsClose CommentsPermalink





(4) For Defense-wide activities, $115,826,000.CommentsClose CommentsPermalink

SEC. 1507. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:CommentsClose CommentsPermalink





(1) For the Army, $52,070,661,000.CommentsClose CommentsPermalink





(2) For the Navy, $5,650,733,000.CommentsClose CommentsPermalink





(3) For the Marine Corps, $3,701,600,000.CommentsClose CommentsPermalink





(4) For the Air Force, $10,026,868,000.CommentsClose CommentsPermalink





(5) For Defense-wide activities, $7,578,300,000CommentsClose CommentsPermalink





(6) For the Army Reserve, $204,326,000.CommentsClose CommentsPermalink





(7) For the Navy Reserve, $68,059,000.CommentsClose CommentsPermalink





(8) For the Marine Corps Reserve, $86,667,000.CommentsClose CommentsPermalink





(9) For the Air Force Reserve, $125,925,000.CommentsClose CommentsPermalink





(10) For the Army National Guard, $321,646,000.CommentsClose CommentsPermalink





(11) For the Air National Guard, $289,862,000.CommentsClose CommentsPermalink





(12) For the Afghanistan Security Forces Fund, $7,462,769,000.CommentsClose CommentsPermalink





(13) For the Iraq Freedom Fund, $115,300,000.CommentsClose CommentsPermalink

SEC. 1508. MILITARY PERSONNEL.

There is hereby authorized to be appropriated for fiscal year 2010 for the Department of Defense for military personnel in the amount of $13,586,341,000.CommentsClose CommentsPermalink

SEC. 1509. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in the amount of $396,915,000, for the Defense Working Capital Funds.CommentsClose CommentsPermalink

SEC. 1510. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the Defense Health Program in the amount of $1,155,235,000 for operation and maintenance.CommentsClose CommentsPermalink

SEC. 1511. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in the amount of $324,603,000.CommentsClose CommentsPermalink

SEC. 1512. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense in the amount of $8,876,000.CommentsClose CommentsPermalink

SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.CommentsClose CommentsPermalink

SEC. 1514. FUNDING TABLES.

(a) Amounts for Procurement- The amounts authorized to be appropriated by sections 1502, 1503, 1504, and 1505 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4102.CommentsClose CommentsPermalink





(b) Amounts for Research, Development, Test, and Evaluation- The amounts authorized to be appropriated by section 1506 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4202.CommentsClose CommentsPermalink





(c) Amounts for Operation and Maintenance- The amounts authorized to be appropriated by section 1507 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4302.CommentsClose CommentsPermalink





(d) Other Amounts- The amounts authorized to be appropriated by sections 1509, 1510, 1511, and 1512 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4402.CommentsClose CommentsPermalink

SEC. 1515. SPECIAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations-CommentsClose CommentsPermalink





(1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2010 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.CommentsClose CommentsPermalink





(2) LIMITATION- The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $4,500,000,000.CommentsClose CommentsPermalink





(b) Terms and Conditions- Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.CommentsClose CommentsPermalink





(c) Additional Authority- The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.CommentsClose CommentsPermalink

SEC. 1516. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY FORCES FUND.

Funds appropriated pursuant to the authorization of appropriations for the Afghanistan Security Forces Fund in section 1507(12) shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428).CommentsClose CommentsPermalink

SEC. 1517. AVAILABILITY OF FUNDS IN PAKISTAN COUNTERINSURGENCY FUND.

(a) Availability-CommentsClose CommentsPermalink





(1) IN GENERAL- Funds authorized to be appropriated for the Department of State for fiscal year 2010 that are transferred by the Secretary of State to the Secretary of Defense during that fiscal year for the Pakistan Counterinsurgency Fund shall be merged with amounts in the Pakistan Counterinsurgency Fund and available subject to the provisions of this section.CommentsClose CommentsPermalink





(2) INITIAL ASSESSMENT REQUIRED BEFORE USE OF FUNDS- Funds available under this section may not be utilized until the Secretary of Defense submits to the appropriate committees of Congress a report setting forth an assessment by the Secretary as to whether the Government of Pakistan is committed to confronting the threat posed by Al Qaeda, the Taliban, and other militant extremists based on a determination by the Government of Pakistan that--CommentsClose CommentsPermalink





(A) these groups pose a threat to the national interests of Pakistan; andCommentsClose CommentsPermalink





(B) confronting the threat posed by these groups is critical to the national interests of Pakistan.CommentsClose CommentsPermalink





(b) Use of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- Funds in the Pakistan Counterinsurgency Fund pursuant to a transfer under subsection (a) shall be available to the Secretary of Defense to provide assistance to the security forces of Pakistan to build the counterinsurgency capability of the Pakistan military forces and the Pakistan Frontier Corps.CommentsClose CommentsPermalink





(2) TYPES OF ASSISTANCE- Assistance provided under this subsection may include the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction and funding.CommentsClose CommentsPermalink





(3) URGENT HUMANITARIAN RELIEF AND RECONSTRUCTION- In addition to the assistance referred to in paragraph (2), up to $4,000,000 of the funds in the Pakistan Counterinsurgency Fund pursuant to a transfer described in subsection (a) may be used for a program to respond to urgent humanitarian relief and reconstruction requirements that will immediately assist Pakistani people affected by military operations.CommentsClose CommentsPermalink





(c) Authority in Addition to Other Authorities- The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations.CommentsClose CommentsPermalink





(d) Transfers Authority-CommentsClose CommentsPermalink





(1) TRANSFERS AUTHORIZED- Subject to paragraph (2), funds in the Pakistan Counterinsurgency Fund pursuant to a transfer described in subsection (a) may be transferred by the Secretary of Defense from the Pakistan Counterinsurgency Fund to any of the following accounts and funds of the Department of Defense to accomplish the purposes specified in subsection (b):CommentsClose CommentsPermalink





(A) Operation and maintenance accounts.CommentsClose CommentsPermalink





(B) Procurement accounts.CommentsClose CommentsPermalink





(C) Research, development, test, and evaluation accounts.CommentsClose CommentsPermalink





(D) Defense working capital funds.CommentsClose CommentsPermalink





(E) Overseas Humanitarian, Disaster, and Civic Aid account.CommentsClose CommentsPermalink





(2) ADDITIONAL AUTHORITY- The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.CommentsClose CommentsPermalink





(3) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.CommentsClose CommentsPermalink





(e) Prior Notice to Congress of Transfer- Funds in the Pakistan Counterinsurgency Fund pursuant to a transfer described in subsection (a) may not be transferred under subsection (d)(1) from the Pakistan Counterinsurgency Fund until 15 days after the date on which the Secretary of Defense notifies the appropriate committees of Congress in writing of the details of the proposed transfer.CommentsClose CommentsPermalink





(f) Quarterly Reports- Not later than 30 days after the end of each fiscal-year quarter of fiscal years 2010 and 2011, the Secretary of Defense shall submit to the appropriate committees of Congress a report summarizing the details of any obligation or transfer of funds from the Pakistan Counterinsurgency Fund under this section during such fiscal-year quarter.CommentsClose CommentsPermalink





(g) Duration of Authority- Amounts transferred to the Pakistan Counterinsurgency Fund as described in subsection (a) are available for obligation or transfer from the Pakistan Counterinsurgency Fund in accordance with this section until September 30, 2011.CommentsClose CommentsPermalink





(h) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONSCommentsClose CommentsPermalink

SEC. 2001. SHORT TITLE.

This division may be cited as the ‘Military Construction Authorization Act for Fiscal Year 2010’.CommentsClose CommentsPermalink

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years- Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of--CommentsClose CommentsPermalink





(1) October 1, 2012; orCommentsClose CommentsPermalink





(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013.CommentsClose CommentsPermalink





(b) Exception- Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of--CommentsClose CommentsPermalink





(1) October 1, 2012; orCommentsClose CommentsPermalink





(2) the date of the enactment of an Act authorizing funds for fiscal year 2013 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.CommentsClose CommentsPermalink

SEC. 2003. EFFECTIVE DATE.

Titles XXI through XXVII shall take effect on the later of--CommentsClose CommentsPermalink





(1) October 1, 2009; orCommentsClose CommentsPermalink





(2) the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 2004. FUNDING TABLES.

(a) In General- The amounts authorized to be appropriated by sections 2104, 2204, 2304, 2404, 2411, 2502, and 2606 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4501.CommentsClose CommentsPermalink





(b) Base Closure and Realignment Activities- The amounts authorized to be appropriated by section 2703 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4502.CommentsClose CommentsPermalink





(c) Projects Funded by American Recovery and Reinvestment Act of 2009- The amounts authorized by section 2801 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4503.CommentsClose CommentsPermalink





(d) Overseas Contingency Operations- The amounts authorized to be appropriated by sections 2901 and 2902 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4504.CommentsClose CommentsPermalink

TITLE XXI--ARMYCommentsClose CommentsPermalink

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

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

Army: Inside the United StatesCommentsClose CommentsPermalink

------------------------------------------------------------------CommentsClose CommentsPermalink

State          Installation or Location                    Amount CommentsClose CommentsPermalink

------------------------------------------------------------------CommentsClose CommentsPermalink

Alaska         Fort Richardson                        $56,050,000 CommentsClose CommentsPermalink

Fort Wainwright                       $198,000,000CommentsClose CommentsPermalink

Alabama        Redstone Arsenal                        $3,550,000 CommentsClose CommentsPermalink

Arizona        Fort Huachuca                          $21,000,000 CommentsClose CommentsPermalink

Arkansas       Pine Bluff Arsenal                     $25,000,000 CommentsClose CommentsPermalink

California     Fort Irwin                              $9,500,000 CommentsClose CommentsPermalink

Colorado       Fort Carson                           $233,400,000 CommentsClose CommentsPermalink

Florida        Eglin Air Force Base                  $132,800,000 CommentsClose CommentsPermalink

Georgia        Fort Benning                          $295,300,000 CommentsClose CommentsPermalink

Fort Gillem                            $10,800,000CommentsClose CommentsPermalink

Fort Stewart/Hunter Army Air Field    $105,967,000CommentsClose CommentsPermalink

Hawaii         Schofield Barracks                    $184,000,000 CommentsClose CommentsPermalink

Wheeler Army Air Field                  $7,500,000CommentsClose CommentsPermalink

Kansas         Fort Riley                            $168,500,000 CommentsClose CommentsPermalink

Kentucky       Fort Knox                              $70,000,000 CommentsClose CommentsPermalink

Louisiana      Fort Polk                              $49,000,000 CommentsClose CommentsPermalink

Maryland       Aberdeen Proving Ground                $15,500,000 CommentsClose CommentsPermalink

Fort Detrick                           $39,000,000CommentsClose CommentsPermalink

Missouri       Fort Leonard Wood                     $163,000,000 CommentsClose CommentsPermalink

New York       Fort Drum                              $84,500,000 CommentsClose CommentsPermalink

North Carolina Fort Bragg                            $113,650,000 CommentsClose CommentsPermalink

Sunny Point (Military Ocean Terminal)  $28,900,000CommentsClose CommentsPermalink

Oklahoma       Fort Sill                              $90,500,000 CommentsClose CommentsPermalink

McAlester Army Ammunition Plant        $12,500,000CommentsClose CommentsPermalink

South Carolina Fort Jackson                           $103,500,00 CommentsClose CommentsPermalink

Naval Weapons Station, Charleston      $21,800,000CommentsClose CommentsPermalink

Texas          Fort Bliss                            $219,400,000 CommentsClose CommentsPermalink

Fort Hood                              $32,100,000CommentsClose CommentsPermalink

Fort Sam Houston                       $19,800,000CommentsClose CommentsPermalink

Utah           Dugway Proving Ground                  $25,000,000 CommentsClose CommentsPermalink

Virginia       Fort A.P. Hill                         $23,000,000 CommentsClose CommentsPermalink

Fort Belvoir                           $17,900,000CommentsClose CommentsPermalink

Fort Eustis                             $8,900,000CommentsClose CommentsPermalink

Washington     Fort Lewis                              $9,700,000 CommentsClose CommentsPermalink

------------------------------------------------------------------CommentsClose CommentsPermalink

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

Army: Outside the United StatesCommentsClose CommentsPermalink

--------------------------------------------------CommentsClose CommentsPermalink

Country     Installation or Location       Amount CommentsClose CommentsPermalink

--------------------------------------------------CommentsClose CommentsPermalink

Afghanistan Bagram Airfield          $106,600,000 CommentsClose CommentsPermalink

Germany     Ansbach                   $31,700,000 CommentsClose CommentsPermalink

Kleber Kaserne            $20,000,000CommentsClose CommentsPermalink

Japan       Okinawa                    $6,000,000 CommentsClose CommentsPermalink

Sagamihara                 $6,000,000CommentsClose CommentsPermalink

Korea       Camp Humphreys            $50,200,000 CommentsClose CommentsPermalink

Kuwait      Camp Arifjan              $82,000,000 CommentsClose CommentsPermalink

--------------------------------------------------CommentsClose CommentsPermalink

SEC. 2102. FAMILY HOUSING.

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

Army: Family HousingCommentsClose CommentsPermalink

---------------------------------------------------CommentsClose CommentsPermalink

Country Installation or Location Units      Amount CommentsClose CommentsPermalink

---------------------------------------------------CommentsClose CommentsPermalink

Germany Baumholder               38    $18,000,000 CommentsClose CommentsPermalink

---------------------------------------------------CommentsClose CommentsPermalink

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

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $4,262,800,000 as follows:CommentsClose CommentsPermalink





(1) For military construction projects inside the United States authorized by section 2101(a), $2,619,217,000.CommentsClose CommentsPermalink





(2) For military construction projects outside the United States authorized by section 2101(b), $302,500,000.CommentsClose CommentsPermalink





(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $23,000,000.CommentsClose CommentsPermalink





(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $178,029,000.CommentsClose CommentsPermalink





(5) For military family housing functions:CommentsClose CommentsPermalink





(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $241,236,000.CommentsClose CommentsPermalink





(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $523,418,000.CommentsClose CommentsPermalink





(6) For the construction of increment 4 of a brigade complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289), as added by section 2 of the Revised Continuing Resolution, 2007 (Public Law 110-5; 121 Stat 41), $102,000,000.CommentsClose CommentsPermalink





(7) For the construction of increment 3 of a brigade complex operational support facility at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 505), $23,500,000.CommentsClose CommentsPermalink





(8) For the construction of increment 3 of a brigade complex barracks and community support facility at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 505), $22,500,000.CommentsClose CommentsPermalink





(9) For the construction of increment 3 of the United States Southern Command Headquarters at Miami Doral, Florida, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 504), $55,400,000.CommentsClose CommentsPermalink





(10) For the construction of increment 2 of a barracks and dining complex at Fort Carson, Colorado, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4659), $60,000,000.CommentsClose CommentsPermalink





(11) For the construction of increment 2 of a barracks and dining complex at Fort Stewart/Hunter Army Air Field, Georgia, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4659), $80,000,000.CommentsClose CommentsPermalink





(12) For the construction of increment 2 of the family housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4663), $10,000,000.CommentsClose CommentsPermalink





(13) For the construction of increment 2 of the family housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4663), $11,000,000.CommentsClose CommentsPermalink





(14) For the construction of increment 2 of the family housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4663), $11,000,000.CommentsClose CommentsPermalink





(b) Limitation on Total Cost of Construction Projects- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:CommentsClose CommentsPermalink





(1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).CommentsClose CommentsPermalink





(2) $25,000,000 (the balance of the amount authorized under section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 505) for construction of a brigade complex operations support facility at Vicenza, Italy.CommentsClose CommentsPermalink





(3) $26,000,000 (the balance of the amount authorized under section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 505) for construction of a brigade complex operations support facility at Vicenza, Italy.CommentsClose CommentsPermalink

SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 PROJECTS.

(a) Extension- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3501), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (119 Stat. 3485), shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.CommentsClose CommentsPermalink





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

Army: Extension of 2006 Project AuthorizationsCommentsClose CommentsPermalink

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State/Country Installation or Location Project                             Amount CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

Hawaii        Pohakuloa Training Area  Tactical Vehicle Wash Facility  $9,207,000 CommentsClose CommentsPermalink

Pohakuloa Training Area  Battle Area Complex            $33,660,000CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

TITLE XXII--NAVYCommentsClose CommentsPermalink

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

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

Inside the United StatesCommentsClose CommentsPermalink

-----------------------------------------------------------------------------CommentsClose CommentsPermalink

State          Installation or Location                               Amount CommentsClose CommentsPermalink

-----------------------------------------------------------------------------CommentsClose CommentsPermalink

Arizona        Marine Corps Air Station, Yuma                    $28,770,000 CommentsClose CommentsPermalink

California     Mountain Warfare Training Center, Bridgeport       $4,460,000 CommentsClose CommentsPermalink

Edwards Air Force Base                             $3,007,000CommentsClose CommentsPermalink

Marine Corps Air Station, Miramar                  $9,280,000CommentsClose CommentsPermalink

Marine Corps Base, Pendleton                     $775,162,000CommentsClose CommentsPermalink

Naval Base Point Loma                              $8,730,000CommentsClose CommentsPermalink

Marine Corps Recruit Depot, San Diego             $23,590,000CommentsClose CommentsPermalink

Marine Air Ground Combat Center Twentynine Palms $513,680,000CommentsClose CommentsPermalink

Florida        Marine Corps Support Facility, Blount Island       $3,760,000 CommentsClose CommentsPermalink

Eglin Air Force Base                              $50,847,000CommentsClose CommentsPermalink

Naval Air Station, Jacksonville                    $5,917,000CommentsClose CommentsPermalink

Naval Air Station, Whiting Field                   $4,120,000CommentsClose CommentsPermalink

Naval Station, Mayport                            $75,985,000CommentsClose CommentsPermalink

Pensacola                                         $26,161,000CommentsClose CommentsPermalink

Hawaii         Naval Station Pearl Harbor                        $65,542,000 CommentsClose CommentsPermalink

Marine Corps Base, Hawaii                          $5,380,000CommentsClose CommentsPermalink

Indiana        Naval Support Activity Crane                      $13,710,000 CommentsClose CommentsPermalink

Maine          Portsmouth Naval Shipyard                          $7,100,000 CommentsClose CommentsPermalink

Nevada         Naval Air Station Fallon                          $11,450,000 CommentsClose CommentsPermalink

North Carolina Marine Corps Air Station, Cherry Point            $22,960,000 CommentsClose CommentsPermalink

Marine Corps Air Station, New River              $107,090,000CommentsClose CommentsPermalink

Marine Corps Base, Camp Lejeune                  $673,570,000CommentsClose CommentsPermalink

Rhode Island   Naval Station, Newport                            $56,353,000 CommentsClose CommentsPermalink

South Carolina Marine Corps Air Station, Beaufort                 $1,280,000 CommentsClose CommentsPermalink

Marine Corps Recruit Depot, Parris Island          $6,972,000CommentsClose CommentsPermalink

Texas          Naval Air Station, Corpus Christi                 $19,764,000 CommentsClose CommentsPermalink

Virginia       Dahlgren                                           $3,660,000 CommentsClose CommentsPermalink

Marine Corps Base, Quantico                      $105,240,000CommentsClose CommentsPermalink

Naval Amphibious Base, Little Creek               $13,095,000CommentsClose CommentsPermalink

Naval Station, Norfolk                            $18,139,000CommentsClose CommentsPermalink

Norfolk Naval Shipyard                           $226,969,000CommentsClose CommentsPermalink

Washington     Bremerton                                         $69,064,000 CommentsClose CommentsPermalink

Spokane                                           $12,707,000CommentsClose CommentsPermalink

West Virginia  Naval Security Group, Sugar Grove                  $9,650,000 CommentsClose CommentsPermalink

-----------------------------------------------------------------------------CommentsClose CommentsPermalink

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

Navy: Outside the United StatesCommentsClose CommentsPermalink

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Country  Installation or Location       Amount CommentsClose CommentsPermalink

-----------------------------------------------CommentsClose CommentsPermalink

Bahrain  Southwest Asia            $41,526,000 CommentsClose CommentsPermalink

Djibouti Djibouti                  $41,845,000 CommentsClose CommentsPermalink

Guam     Naval Activities, Guam   $286,829,000 CommentsClose CommentsPermalink

Spain    Naval Station, Rota       $26,278,000 CommentsClose CommentsPermalink

-----------------------------------------------CommentsClose CommentsPermalink

SEC. 2202. FAMILY HOUSING.

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

Navy: Family HousingCommentsClose CommentsPermalink

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Location        Installation or Location Units      Amount CommentsClose CommentsPermalink

-----------------------------------------------------------CommentsClose CommentsPermalink

Korea           Pusan                           $4,376.000 CommentsClose CommentsPermalink

Mariana Islands Naval Activities, Guam         $20,730,000 CommentsClose CommentsPermalink

-----------------------------------------------------------CommentsClose CommentsPermalink

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

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) In General- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $4,053,880,000, as follows:CommentsClose CommentsPermalink





(1) For military construction projects inside the United States authorized by section 2201(a), $2,756,105,000.CommentsClose CommentsPermalink





(2) For military construction projects outside the United States authorized by section 2201(b), $229,445,000.CommentsClose CommentsPermalink





(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $12,483,000.CommentsClose CommentsPermalink





(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $166,896,000.CommentsClose CommentsPermalink





(5) For military family housing functions:CommentsClose CommentsPermalink





(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $146,569,000.CommentsClose CommentsPermalink





(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $368,540,000.CommentsClose CommentsPermalink





(6) For the construction of increment 3 of a submarine drive-in magnetic silencing facility at Naval Base Pearl Harbor, Hawaii, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 510), $8,645,000.CommentsClose CommentsPermalink





(7) For the construction of increment 6 of the limited area production and storage complex at Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), $87,292,000.CommentsClose CommentsPermalink





(8) For the construction of increment 2 of enclave fencing at Naval Submarine Base, Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3490), as amended by section 2205 of this Act, $67,419,000.CommentsClose CommentsPermalink





(9) For the construction of the first increment of a ship repair pier replacement at Norfolk Naval Shipyard, Virginia, authorized by section 2201(a), $126,969,000.CommentsClose CommentsPermalink





(10) For the construction of the first increment of a wharves improvement, Apra Harbor, Guam, authorized by section 2201(b), $83,517,000.CommentsClose CommentsPermalink





(b) Limitation on Total Cost of Construction Projects- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of the following:CommentsClose CommentsPermalink





(1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).CommentsClose CommentsPermalink





(2) $100,000,000 (the balance of the amount authorized under section 2202(a) for Ship Repair Pier Replacement at the Norfolk Naval Shipyard, Virginia).CommentsClose CommentsPermalink





(3) $83,516,000 (the balance of the amount of $167,033,000 authorized under section 2202(b) for wharves improvements, Apra Harbor, Guam).CommentsClose CommentsPermalink

SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2006 PROJECT.

(a) Modification- The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3490) is amended in the item relating to Naval Submarine Base, Bangor, Washington, by striking ‘$60,160,000’ and inserting ‘$127,163,000’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 2204(b) of that Act (119 Stat. 3492) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(11) $67,003,000 (the balance of the amount authorized under section 2201(a) for construction of a waterfront security enclave at Naval Submarine Base, Bangor, Washington).’.CommentsClose CommentsPermalink





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

TITLE XXIII--AIR FORCECommentsClose CommentsPermalink

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

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

Air Force: Inside the United StatesCommentsClose CommentsPermalink

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State          Installation or Location               Amount CommentsClose CommentsPermalink

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Alaska         Clear Air Force Station           $24,300,000 CommentsClose CommentsPermalink

Eielson Air Force Base            $13,350,000CommentsClose CommentsPermalink

Elmendorf Air Force Base          $15,700,000CommentsClose CommentsPermalink

Arizona        Davis-Monthan Air Force Base      $41,900,000 CommentsClose CommentsPermalink

Arkansas       Little Rock Air Force Base        $16,200,000 CommentsClose CommentsPermalink

California     Travis Air Force Base              $6,900,000 CommentsClose CommentsPermalink

Vandenberg Air Force Base         $13,000,000CommentsClose CommentsPermalink

Colorado       Peterson Air Force Base           $25,100,000 CommentsClose CommentsPermalink

United States Air Force Academy   $17,500,000CommentsClose CommentsPermalink

Delaware       Dover Air Force Base              $24,900,000 CommentsClose CommentsPermalink

Florida        Eglin Air Force Base              $59,800,000 CommentsClose CommentsPermalink

Hurlburt Field                    $10,500,000CommentsClose CommentsPermalink

MacDill Air Force Base            $38,300,000CommentsClose CommentsPermalink

Patrick Air Force Base             $8,400,000CommentsClose CommentsPermalink

Georgia        Moody Air Force Base               $8,900,000 CommentsClose CommentsPermalink

Hawaii         Wheeler Air Force Base            $15,000,000 CommentsClose CommentsPermalink

Idaho          Mountain Home Air Force Base      $20,000,000 CommentsClose CommentsPermalink

Illinois       Scott Air Force Base               $7,400,000 CommentsClose CommentsPermalink

Louisiana      Barksdale Air Force Base          $12,800,000 CommentsClose CommentsPermalink

Maryland       Andrews Air Force Base             $9,300,000 CommentsClose CommentsPermalink

Nebraska       Offutt Air Force Base             $10,400,000 CommentsClose CommentsPermalink

Nevada         Creech Air Force Base              $2,700,000 CommentsClose CommentsPermalink

New Mexico     Cannon Air Force Base             $15,000,000 CommentsClose CommentsPermalink

Holloman Air Force Base           $15,9500,000CommentsClose CommentsPermalink

North Carolina Pope Air Force Base                $7,700,000 CommentsClose CommentsPermalink

North Dakota   Grand Forks Air Force Base        $12,000,000 CommentsClose CommentsPermalink

Minot Air Force Base              $11,500,000CommentsClose CommentsPermalink

Ohio           Wright-Patterson Air Force Base   $58,600,000 CommentsClose CommentsPermalink

Oklahoma       Altus Air Force Base              $20,300,000 CommentsClose CommentsPermalink

Tinker Air Force Base             $13,037,000CommentsClose CommentsPermalink

Vance Air Force Base              $10,700,000CommentsClose CommentsPermalink

South Dakota   Ellsworth Air Force Base          $14,500,000 CommentsClose CommentsPermalink

Texas          Dyess Air Force Base               $4,500,000 CommentsClose CommentsPermalink

Goodfellow Air Force Base         $44,400,000CommentsClose CommentsPermalink

Lackland Air Force Base          $113,879,000CommentsClose CommentsPermalink

Sheppard Air Force Base           $11,600,000CommentsClose CommentsPermalink

Utah           Hill Air Force Base               $21,053,000 CommentsClose CommentsPermalink

Virginia       Langley Air Force Base            $10,000,000 CommentsClose CommentsPermalink

Washington     Fairchild Air Force Base          $11,000,000 CommentsClose CommentsPermalink

Wyoming        Francis E. Warren Air Force Base   $9,100,000 CommentsClose CommentsPermalink

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

Air Force: Outside the United StatesCommentsClose CommentsPermalink

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Country     Installation or Location      Amount CommentsClose CommentsPermalink

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Afghanistan  Bagram Air Base         $22,000,000 CommentsClose CommentsPermalink

Colombia    Palanquero Air Base      $46,000,000 CommentsClose CommentsPermalink

Germany     Ramstein Air Base        $34,700,000 CommentsClose CommentsPermalink

Spangdahlem Air Base     $23,500,000CommentsClose CommentsPermalink

Guam        Andersen Air Force Base  $58,202,000 CommentsClose CommentsPermalink

Qatar       Al Udeid Air Base        $60,000,000 CommentsClose CommentsPermalink

Turkey      Incirlik Air Base         $9,200,000 CommentsClose CommentsPermalink

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SEC. 2302. FAMILY HOUSING.

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

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $61,787,000.CommentsClose CommentsPermalink

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,746,836,421,000, as follows:CommentsClose CommentsPermalink





(1) For military construction projects inside the United States authorized by section 2301(a), $822,512,115,000.CommentsClose CommentsPermalink





(2) For military construction projects outside the United States authorized by section 2301(b), $253,602,000.CommentsClose CommentsPermalink





(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $18,000,000.CommentsClose CommentsPermalink





(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $83,667,000.CommentsClose CommentsPermalink





(5) For military family housing functions:CommentsClose CommentsPermalink





(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $66,101,000.CommentsClose CommentsPermalink





(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $502,936,000.CommentsClose CommentsPermalink

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 PROJECTS.

(a) Extension- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2463), authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2302 of that Act, shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.CommentsClose CommentsPermalink





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

Air Force: Extension of 2007 Project AuthorizationsCommentsClose CommentsPermalink

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State    Installation or Location     Project                                  Amount CommentsClose CommentsPermalink

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Delaware Dover Air Force Base         C-17 Aircrew Life Support            $7,400,000 CommentsClose CommentsPermalink

Idaho    Mountain Home Air Force Base Replace Family Housing (457 units) $107,800,000 CommentsClose CommentsPermalink

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SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 PROJECTS.

(a) Extension- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3501), authorizations set forth in the table in subsection (b), as provided in section 2302 of that Act, shall remain in effect until October 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later.CommentsClose CommentsPermalink





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

Air Force: Extension of 2006 Project AuthorizationsCommentsClose CommentsPermalink

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State/Country Installation or Location   Project                                       Amount CommentsClose CommentsPermalink

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Alaska        Eielson Air Force Base     Replace Family Housing (92 units)        $37,650,000 CommentsClose CommentsPermalink

Eielson Air Force Base     Purchase Build/Lease Housing (300 Units) $18,144,000CommentsClose CommentsPermalink

North Dakota  Grand Forks Air Force Base Replace Family Housing (150 Units)       $43,353,000 CommentsClose CommentsPermalink

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SEC. 2307. TEMPORARY PROHIBITION ON USE OF FUNDS FOR MILITARY CONSTRUCTION IMPROVEMENTS, PALANQUERO AIR BASE, COLOMBIA.

None of the funds authorized to be appropriated in section 2304(2) may be obligated or expended for runway and apron expansion or other military construction improvements at Palanquero Air Base, Colombia, until the Secretary of Defense, in consultation with the Secretary of State, certifies to the congressional defense committees that negotiations between the United States Government and the Government of Colombia have resulted in access rights that will permit United States Southern Command (SOUTHCOM) to perform adequately its mission.CommentsClose CommentsPermalink

TITLE XXIV--DEFENSE AGENCIESCommentsClose CommentsPermalink

Subtitle A--Defense Agency AuthorizationsCommentsClose CommentsPermalink

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

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

Defense Education ActivityCommentsClose CommentsPermalink

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State          Installation or Location                Amount CommentsClose CommentsPermalink

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Georgia        Fort Benning                        $2,330,000 CommentsClose CommentsPermalink

Fort Stewart/Hunter Army Air Field $22,501,000CommentsClose CommentsPermalink

North Carolina Fort Bragg                          $3,439,000 CommentsClose CommentsPermalink

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Defense Information Systems AgencyCommentsClose CommentsPermalink

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State  Installation or Location                    Amount CommentsClose CommentsPermalink

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Hawaii Naval Station Pearl Harbor, Ford Island $9,633,000 CommentsClose CommentsPermalink

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Defense Logistics AgencyCommentsClose CommentsPermalink

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State      Installation or Location                                     Amount CommentsClose CommentsPermalink

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California El Centro                                               $11,000,000 CommentsClose CommentsPermalink

Point Loma Annex                                        $55,000,000CommentsClose CommentsPermalink

Travis Air Force Base, California                       $15,357,000CommentsClose CommentsPermalink

Florida    Jacksonville International Airport (Air National Guard) $11,500,000 CommentsClose CommentsPermalink

Minnesota  Duluth International Airport (Air National Guard)       $15,000,000 CommentsClose CommentsPermalink

Oklahoma   Altus Air Force Base                                     $2,700,000 CommentsClose CommentsPermalink

Texas      Fort Hood                                                $3,000,000 CommentsClose CommentsPermalink

Washington Fairchild Air Force Base                                 $7,500,000 CommentsClose CommentsPermalink

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Missile Defense AgencyCommentsClose CommentsPermalink

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State    Installation or Location              Amount CommentsClose CommentsPermalink

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Alabama  Redstone Arsenal                 $12,000,000 CommentsClose CommentsPermalink

Virginia Naval Support Facility, Dahlgren $24,500,000 CommentsClose CommentsPermalink

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National Security AgencyCommentsClose CommentsPermalink

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State    Installation or Location       Amount CommentsClose CommentsPermalink

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Maryland Fort Meade               $203,800,000 CommentsClose CommentsPermalink

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Special Operations CommandCommentsClose CommentsPermalink

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State          Installation or Location                  Amount CommentsClose CommentsPermalink

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California     Naval Amphibious Base, Coronado      $15,722,000 CommentsClose CommentsPermalink

Colorado       Fort Carson                          $48,246,000 CommentsClose CommentsPermalink

Florida        Eglin Air Force Base                  $3,046,000 CommentsClose CommentsPermalink

Hurlburt Field                        $8,156,000CommentsClose CommentsPermalink

Georgia        Fort Benning                          $3,046,000 CommentsClose CommentsPermalink

Kentucky       Fort Campbell                        $32,335,000 CommentsClose CommentsPermalink

New Mexico     Cannon Air Force Base                $528,864,000 CommentsClose CommentsPermalink

North Carolina Fort Bragg                          $101,488,000 CommentsClose CommentsPermalink

Marine Corps Base, Camp Lejeune      $11,791,000CommentsClose CommentsPermalink

Virginia       Naval Amphibious Base, Little Creek  $18,669,000 CommentsClose CommentsPermalink

Washington     Fort Lewis                           $14,500,000 CommentsClose CommentsPermalink

----------------------------------------------------------------CommentsClose CommentsPermalink

TRICARE Management ActivityCommentsClose CommentsPermalink

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State          Installation or Location                 Amount CommentsClose CommentsPermalink

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Alaska         Elmendorf Air Force Base            $25,017,000 CommentsClose CommentsPermalink

Fort Richardson                      $3,518,000CommentsClose CommentsPermalink

Colorado       Fort Carson                         $31,900,000 CommentsClose CommentsPermalink

Georgia        Fort Benning                        $17,200,000 CommentsClose CommentsPermalink

Fort Stewart/Hunter Army Air Field  $22,200,000CommentsClose CommentsPermalink

Kentucky       Fort Campbell                        $8,600,000 CommentsClose CommentsPermalink

Maryland       Fort Detrick                        $29,807,000 CommentsClose CommentsPermalink

Missouri       Fort Leonard Wood                    $5,570,000 CommentsClose CommentsPermalink

North Carolina Fort Bragg                          $57,658,000 CommentsClose CommentsPermalink

Oklahoma       Fort Sill                           $10,554,000 CommentsClose CommentsPermalink

Texas          Lackland Air Force Base            $470,318,000 CommentsClose CommentsPermalink

Fort Bliss                         $200,575,000CommentsClose CommentsPermalink

Washington     Fort Lewis                          $15,636,000 CommentsClose CommentsPermalink

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Washington Headquarters ServicesCommentsClose CommentsPermalink

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State    Installation or Location      Amount CommentsClose CommentsPermalink

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Virginia Pentagon Reservation     $27,672,000 CommentsClose CommentsPermalink

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

Defense Education AgencyCommentsClose CommentsPermalink

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Country        Installation or Location        Amount CommentsClose CommentsPermalink

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Belgium        Brussels                   $38,124,000 CommentsClose CommentsPermalink

Germany        Boeblingen                 $50,000,000 CommentsClose CommentsPermalink

Kaiserslautern             $93,545,000CommentsClose CommentsPermalink

Wiesbaden Air Base          $5,379,000CommentsClose CommentsPermalink

United Kingdom Royal Air Force Lakenheath  $4,509,000 CommentsClose CommentsPermalink

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Defense Intelligence AgencyCommentsClose CommentsPermalink

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Country Installation or Location     Amount CommentsClose CommentsPermalink

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Korea   K-16 Airfield            $5,050,000 CommentsClose CommentsPermalink

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Defense Logistics AgencyCommentsClose CommentsPermalink

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Country        Installation or Location               Amount CommentsClose CommentsPermalink

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Cuba           Naval Air Station, Guantanamo Bay $12,500,000 CommentsClose CommentsPermalink

Guam           Naval Air Station, Agana           $4,900,000 CommentsClose CommentsPermalink

Korea          Osan Air Base                     $28,000,000 CommentsClose CommentsPermalink

United Kingdom Royal Air Force Mildenhall         $4,700,000 CommentsClose CommentsPermalink

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National Security AgencyCommentsClose CommentsPermalink

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Country        Installation or Location                  Amount CommentsClose CommentsPermalink

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United Kingdom Royal Air Force Menwith Hill Station $37,588,000 CommentsClose CommentsPermalink

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TRICARE Management ActivityCommentsClose CommentsPermalink

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Country        Installation or Location        Amount CommentsClose CommentsPermalink

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Guam           Naval Activities, Guam    $446,450,000 CommentsClose CommentsPermalink

United Kingdom Royal Air Force Alconbury  $14,227,000 CommentsClose CommentsPermalink

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SEC. 2402. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(7), the Secretary of Defense may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units, and in the amount set forth in the following table:CommentsClose CommentsPermalink

Defense Logistics Agency: Family HousingCommentsClose CommentsPermalink

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Location     Installation     Units     Amount CommentsClose CommentsPermalink

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Pennsylvania Cumberland Depot 6     $2,859,000 CommentsClose CommentsPermalink

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SEC. 2403. ENERGY CONSERVATION PROJECTS.

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

SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $3,28490,025,000, as follows:CommentsClose CommentsPermalink





(1) For military construction projects inside the United States authorized by section 2401(a), $9639,373,000.CommentsClose CommentsPermalink





(2) For military construction projects outside the United States authorized by section 2401(b), $298,522,000.CommentsClose CommentsPermalink





(3) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $36,025,000.CommentsClose CommentsPermalink





(4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.CommentsClose CommentsPermalink





(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $137,942,000.CommentsClose CommentsPermalink





(6) For energy conservation projects authorized by section 2403 of this Act, $123,013,000.CommentsClose CommentsPermalink





(7) For military family housing functions:CommentsClose CommentsPermalink





(A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $49,214,000.CommentsClose CommentsPermalink





(B) For construction and acquisition of military family housing and facilities, $2,859,000.CommentsClose CommentsPermalink





(C) For the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), $373,225,000.CommentsClose CommentsPermalink





(D) For credit to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code, $2,600,000.CommentsClose CommentsPermalink





(8) For the construction of increment 2 of replacement fuel storage facilities at Point Loma Annex, California, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 521), $92,300,000.CommentsClose CommentsPermalink





(9) For the construction of increment 3 of a special operations facility at Dam Neck, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 521), $15,967,000.CommentsClose CommentsPermalink





(10) For the construction of increment 2 of the USAMRICD replacement facility at Aberdeen Proving Ground, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417 122 Stat. 4689), $111,400,000.CommentsClose CommentsPermalink





(11) For the construction of increment 4 of the USAMRIID stage I facility at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2457), $108,000,000.CommentsClose CommentsPermalink





(12) For the construction of fuel storage tanks and pipeline replacement at Souda Bay, Greece, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4691), $24,000,000.CommentsClose CommentsPermalink





(13) For the construction of the first increment of the hospital replacement, Guam, authorized by section 2401(b), $200,000,000.CommentsClose CommentsPermalink





(14) For the construction of the first increment of the Ambulatory Care Center at Lackland Air Force Base, Texas, authorized by section 2401(a), $72,610,000.CommentsClose CommentsPermalink





(15) For the construction of the first increment of the hospital replacement phase I at Fort Bliss, Texas, authorized by section 2401(a), $62,975,000.CommentsClose CommentsPermalink





(16) For the construction of increment 2 of the Utah Data Center at Camp Williams, Utah, authorized in the Supplemental Appropriations Act, 2009 (Public Law 111-32), $600,000,000.CommentsClose CommentsPermalink





(b) Limitation on Total Cost of Construction Projects- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of the following:CommentsClose CommentsPermalink





(1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).CommentsClose CommentsPermalink





(2) $200,000,000 (the balance of the amount authorized by section 2401(b) for the hospital replacement, Guam).CommentsClose CommentsPermalink





(3) $368,390,000 (the balance of the amount authorized by section 2401(a) for the Ambulatory Care Center at Lackland Air Force Base, Texas).CommentsClose CommentsPermalink





(4) $820,000,000 (the balance of the amount authorized in the Supplemental Appropriations Act, 2009 (Public Law 111-32) for the Utah Data Center, Camp Williams, Utah).CommentsClose CommentsPermalink





(5) $24,000,000 (the balance of the amount authorized by section 2401(a) for the hospital replacement phase I, Fort Bliss, Texas).CommentsClose CommentsPermalink





(6) $290,000,000 (the balance of the amount authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4689) for the USAMRIID replacement facility at Aberdeen Proving Ground, Maryland).CommentsClose CommentsPermalink





(7) $47,000,000 (the balance of the amount authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 521), as modified by section 2401(a) of this Act, for the replacement of fuel storage facilities at Point Loma Annex, California).CommentsClose CommentsPermalink

SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2008 PROJECT.

(a) Modification- The table relating to the Defense Logistics Agency in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 521) is amended in the item relating to Point Loma Annex, California, by striking ‘$140,000,000’ in the amount column and inserting ‘$195,000,000’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 2403(b)(2) of that Act (122 Stat. 524) is amended by striking ‘$84,300,000’ and inserting ‘$139,300,000’.CommentsClose CommentsPermalink

SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2009 PROJECT.

(a) Modification- The table relating to the Defense Logistics Agency in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4691) is amended in the item relating to Souda Bay, Greece, by striking ‘$8,000,000’ in the amount column and inserting ‘$32,000,000’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 2403 of that Act (122 Stat. 4692) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘$246,360,000’ and inserting ‘$238,360,000’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(11) For construction of the first increment of fuel storage tanks and pipeline replacement at Souda Bay, Greece, $8,000,000.’; andCommentsClose CommentsPermalink





(2) in subsection (b), by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) $24,000,000 (the balance of the amount authorized for the Defense Logistics Agency under section 2401(b) for fuel storage tanks and pipeline replacement at Souda Bay, Greece).’.CommentsClose CommentsPermalink

SEC. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 PROJECT.

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





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

Defense Logistics Agency: Extension of 2007 Project AuthorizationCommentsClose CommentsPermalink

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State    Installation or Location        Project                  Amount CommentsClose CommentsPermalink

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Virginia Defense Supply Center, Richmond Whole House Renovation $484,000 CommentsClose CommentsPermalink

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Subtitle B--Chemical Demilitarization AuthorizationsCommentsClose CommentsPermalink

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

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction and land acquisition for chemical demilitarization in the total amount of $151,541,000, as follows:CommentsClose CommentsPermalink





(1) For the construction of phase 11 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 839), section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), and section 2413 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4697), $92,500,000.CommentsClose CommentsPermalink





(2) For the construction of phase 10 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4697), $59,041,000.CommentsClose CommentsPermalink

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAMCommentsClose CommentsPermalink

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

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

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $276,314,000.CommentsClose CommentsPermalink

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIESCommentsClose CommentsPermalink

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

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

Army National Guard: Inside the United StatesCommentsClose CommentsPermalink

------------------------------------------------------------------------CommentsClose CommentsPermalink

State          Location                                          Amount CommentsClose CommentsPermalink

------------------------------------------------------------------------CommentsClose CommentsPermalink

Alabama        Fort McClellan                                $3,000,000 CommentsClose CommentsPermalink

Arizona        Camp Navajo                                   $3,000,000 CommentsClose CommentsPermalink

California     Fresno Yosemite International Airport         $9,900,000 CommentsClose CommentsPermalink

Los Alamitos                                 $31,000,000CommentsClose CommentsPermalink

Georgia        Fort Benning                                 $15,500,000 CommentsClose CommentsPermalink

Iowa           Johnston                                      $4,000,000 CommentsClose CommentsPermalink

Idaho          Gowen Field                                  $16,100,000 CommentsClose CommentsPermalink

Illinois       Milan                                         $5,600,000 CommentsClose CommentsPermalink

Indiana        Muscatatuck                                  $10,100,000 CommentsClose CommentsPermalink

Kansas         Salina Army National Guard Aviation Facility  $2,227,000 CommentsClose CommentsPermalink

Massachusetts  Hanscom Air Force Base                       $29,000,000 CommentsClose CommentsPermalink

Minnesota      Arden Hills                                   $6,700,000 CommentsClose CommentsPermalink

Camp Ripley                                   $1,710,000CommentsClose CommentsPermalink

Missouri       Boonville                                     $1,800,000 CommentsClose CommentsPermalink

Mississippi    Camp Shelby                                  $16,100,000 CommentsClose CommentsPermalink

Monticello                                   $14,350,000CommentsClose CommentsPermalink

Nebraska       Lincoln                                      $23,000,000 CommentsClose CommentsPermalink

New Mexico     Santa Fe                                     $39,000,000 CommentsClose CommentsPermalink

Nevada         Carson City                                   $2,000,000 CommentsClose CommentsPermalink

North Las Vegas                              $26,000,000